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HomeMy Public PortalAboutORD08577 Y,� r + s 'I 1' I BILL NO. !' INTRODUCED BY COUNCILMAN �} ORDINANCE NO. i ,;j ( AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND THE CLERK OF THE CITY OF JEFFERSON TO EXECUTE A �i WRITTEN CONTRACT WITH THE MISSOURI STATE MILK BOARD, WHEREIN THE CITY OF JEFFERSON, FOR COMPENSATION, WILL ACT AS AN AGENT FOR THE MISSOURI STATE MILK BOARD IN THE INSPECTION AND �! REGULATION OF MILK. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF JEFFERSON, MISSOURI, AS FOLLOWS: i( (� Section 1. The Mayor and Clerk of the City of Jefferson, f Missouri. are hereby authorized and directed for and in the ( name of the City of Jefferson to execute a written contract with the Missouri State Milk Board, wherein the City of I Jefferson, as agent for the Missouri State Milk Board, will 11perform certain milk inspections and regulatory services for ( annual compensation of Nine thousand fine hundred fifty dollars i I + ($9 ,550) payable in monthly installments and such to the j !javailability of funds to the Missouri State Milk Board. As , more fully set forth in a copy of said contract which is attached to this order and made a part hereof as though fully set forth herein:• �I Section 2. This ordinance shall be in full force and leffect from and after its passage and approval. + PASSED , APPROVED SIDENT 0 T OUN I / MA OR ( ATTEST ITY- CLERK Jefferson City CONTRACT AND AGREEMENT Contract Number Milkshed FOR MISSOURI STATE MILK BOARD AND REGULATORY SERVICES THIS CONTRACT AND AGREEMENT is made and entered into this 1st day of August, 1973, by and between the Missouri State Milk Board, party of the first part, hereinafter referred to as the BOARD, and the City of Jefferson as a municipal corporation, parties of the second part, hereinafter referred to as the CITY. WITNESSETH, WHEREAS, the BOARD, under provisions of House Bill 1280, 76th General Assembly of Missouri is authorized and directed to: (1 ) establish a statewide system of milk inspection and regulatory services; (2) to adopt regulations; and (3) enforce such regulations primarily through contractual agreements with political subdivisions of the State. AND WHEREAS, the CITY has established the Jefferson City milkshed and can accomplish milk sanitation in the milkshed; AND WHEREAS, the CITY is a qualified political subdivision of the State of Missouri and is authorized to act under contract as an agent of the BOARD in providing milk inspection and regulatory ser- vices within the Jefferson City milkshed; AND WHEREAS, the BOARD has determined that it is feasible to contract with the CITY to act as an agent of the BOARD for such Jak purposes; NOW THEREFORE, THE BOARD: 1 . Does herewith designate and accept the CITY as the agent of the BOARD, to provide milk inspection and regulatory services within the Jefferson City milkshed in accordance with the statewide system of milk inspection and regulatory services, as established by the BOARD, and as otherwise authorized by law the regulations adopted by the State, the Grade A Pasteurized Milk Ordinance - 1965 Recommendations with Administrative Procedures and any additional policies adopted by the BOARD; 2. Does herewith designate and accept the CITY as the agent of the BOARD, and the BOARD will provide official laboratory ser- vices which comply with the requirements of the Grade A Pasteurized -2- Milk Regulations promulgated by the BOARD, for the Jefferson City milkshed contracted area; 3. Covenants and agrees to pay the CITY compensation for such inspection and regulatory services, the annual sum of $9,550.009 payable in twelve payments of approximately $795.83 on the 25th day of September, 1973, and a similar amount on the 25th day of each succeeding month until said amount has been paid in full subject to the availability of funds; 4. Through its Executive Secretary and his staff covenants and agrees to provide consultation services to the CITY for coopera- tive activities. In consideration of the covenants and agreements of the BOARD, the CITY covenants and agrees as follows: 1 . To provide milk inspection and regulatory services in accord- ance with the Missouri Grade A Fluid Milk Law (House Bill 1280, 76th General Assembly), milk regulations promulgated by the BOARD; 2. To make random sampling of Grade A milk and milk products upon a basis approved by the BOARD for each Missouri County in the Jefferson City milkshed and with such sampling to be made with such frequency as will assure the final consumer that the products sold at retail in each Missouri County of said milkshed is in compliance Aftk with state standards for Grade A products; 3. To make available to the Executive Secretary of the BOARD or a member of his staff for audit purposes the inspection records of the CITY as kept for such inspection work and regulatory ser- vices; 4'. To submit to the BOARD copies of each permit issued or sus- pended; 5. To maintain an enforcement rating of 90go or above as deter- mined on Division of Health surveys; 60 To permit the Executive Secretary of the BOARD or a member of his staff to conduct an investigation and to conduct a survey in order to evaluate and determine the effectiveness of the work and services being performed by the CITY; -3- 7. To utilize funds received from the BOARD for the sole pur- pose of providing inspection and regulatory services for milk and milk products in the Jefferson City milkshed. IT IS MUTUALLY COVENANTED AND AGREED: 1 . If the Executive Secretary of the BOARD shall find that the standards for the statewide system of milk inspection are not being maintained and enforced, the said Executive Secretary shall give the Chief Administrative Official of the CITY a written notice of such findings; if such failure of maintenance and enforcement shall continue, for a period in excess of 30 days, this contract may be terminated at the option of the BOARD acting through its Executive Secretary with at least 7 days notice of the exercise of such option: Provided, that compensation to the CITY shall likewise be terminated with final payment computed to date of termination of this contract; 2. This contract shall terminate on the 1st day of July, 1974, unless terminated at an earlier date under authority of the preceding paragraph; provided, this contract may be terminated by either party by the giving of 30 days written notice of termination to the other party. 3• The CITY and others interested in this agreement are hereby notified and understand that the BOARD is exempt from liability and suit on any implied contract, or for negligence, or any other tort pursuant to House Bill 1280, 76th General Assembly of Missouri, and the parties hereto agree that no provisions herein expressed or implied, special or otherwise, directly or indirectly shall be deemed to constitute a waiver of the exemption, notwithstanding any such provisions to the contrary. 4. This contract shall be effective only if approved by the Office of Administration, State of Missouri. Dated at Jefferson City, Missouri, the day and year first herein- before written. State Milk Board By es enned ecutive Secretary Party of the First Part J -4- Jefferson City, Missouri By: By: i Form Approved By: APPROVED: Office of Administration State of Missouri By O. A. By Ll k Rcsctamr;o ndsd ag fe o r A Sys4�et e®la t J 1, RESOLUTION Whereas, it is necessary that contract and agreements entered into by the State Milk Board and regulatory ser- vices require the official signature of the Executive Secretary of the Board, be it resolved that he (Executive Secretary of the Board) is authorized to officially sign Contract and Agreement for Missouri State Milk Board and Regulatory Services. Erwin P. Gadd, Secretary State Milk Board (seal) The above resolution was adopted by the State Milk Board at an official board meeting June 18, 1973, and appears in the minutes of the meeting on that date.