HomeMy Public PortalAboutORD08577 Y,� r
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BILL NO.
!' INTRODUCED BY COUNCILMAN
�} ORDINANCE NO.
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( 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:
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(� Section 1. The Mayor and Clerk of the City of Jefferson,
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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
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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
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+ ($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:•
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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
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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
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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;
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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
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Jefferson City, Missouri
By:
By:
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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
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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.