HomeMy Public PortalAboutORD14935 BILL NO. 2011-155 PASSED AS AMENDED
SPONSORED BY COUNCILMAN Koon
ORDINANCE NO. '1
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE
MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH COLE COUNTY
REGARDING SERVICES AT THE JEFFERSON CITY ANIMAL SHELTER.
BE IT ENACTED BY THE COUNCIL OF THE CITY OF JEFFERSON, MISSOURI, AS
FOLLOWS:
Section 1. The Mayor and City Clerk are hereby authorized and directed to
execute an agreement with Cole County regarding services at the Jefferson City Animal
Shelter.
Section 2. The agreement shall be substantially the same in form and content
as that agreement attached hereto as Exhibit A.
Section 3. This Ordinance shall be in full force and effect from and after the date
of its passage and approval.
Passed: �56- � '� Approved:
3� 2
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Presidingklffice Mayor
ATTEST: APPROVED AS TO FORM:
F f/
pity Clerk interim City Counselor
AGREEMENT
THIS AGREEMENT, made and entered into this I" day of April, 2012, by and between the City
of Jefferson, Missouri, (hereafter "City) a municipal corporation, of the state of Missouri, and
Cole County, Missouri, (hereafter"County") a political subdivision of the State of Missouri.
NOW, THEREFORE, in consideration for the mutual promises and covenants herein contained
the parties agree as follows:
1. City's Obligations.
a. City will accept all animals delivered to its animal shelter from Cole County
residents at no charge. Such animals shall become the property of the City upon
delivery.
b. City will accept all animals delivered to its animal shelter by Cole County Animal
Control at no charge for any services listed in exhibit A. Such animals shall be
held by the City until the animal's release is authorized by County Animal
Control officer, or pursuant to the time provided in the City Code, whichever is
earlier, unless a court of competent jurisdiction orders the animal to be held for a
longer period of time.
C. City shall provide to the County monthly reports as to the operation of the animal
shelter.
2. County Obligations.
a. County will provide a one-time three-hundred thousand dollar ($300,000)
payment to the City to be used for the cost of construction of the new animal
shelter within ten days(10) of the date this agreement is signed.
b. County shall pay one hundred thousand dollars ($100,000.00) annually to the
City, payable quarterly, with the first payment to be due the second quarter of
2012. This amount shall be increased yearly to match any increase in the
Consumer price index for all urban consumers(CPI-U).
3. Right to Refuse. If at any time the animal shelter reaches eighty percent (80%) of
maxim capacity as determined by the Support Services Commander, the County shall be
so notified. During periods when the Animal Shelter is at eighty percent (80%) of
maximum capacity no animals from the residents of the County outside the city limits of
Jefferson City shall be required to be accepted by the City. This provision shall not apply
to animals delivered by Cole County Animal Control.
4. No requirement to respond. Nothing in this agreement shall obligate City to respond to
calls outside its corporate limits.
5. Standard of Care. Animals delivered to the animal shelter shall receive care in the
ordinary standard of care provided by the shelter which shall at a minimum conform to
all Department of Agriculture standards for animal shelters.
6. Effective dates of Agreement. This agreement shall be in full force and effect for five
(5) years from the date of this agreement and shall automatically renew on a year to year
basis unless one party notifies the other of its intention to terminate ninety(90) days prior
to the date of renewal.
7. Indemnity.
a. To the fullest extent permitted by law, County will indemnify and hold harmless
City and its agents from and against any and all claims, damages, losses, and
expenses including attorneys' fees arising out of or resulting from the delivery of
an animal to the shelter by its agent without the legal right to do the same. Such
obligation shall not be construed to negate, abridge, or otherwise reduce any other
right or obligation of indemnity which would otherwise exist as to any party or
person described in this Paragraph.
b. To the extent allowed by law, City shall defend, indemnify and hold harmless the
County, including its members and department employees, from any claim or
liability whether based on a claim for damages to real or personal property or to a
person for any matter relating to or arising out of the City's construction and
operation of the animal shelter, excluding any action taken by an employee, agent
or assign of the County while upon the property of City.
c. No waiver of sovereign immunity. This section shall not be construed as a waiver
of sovereign immunity by any party.
8. Obligations contingent on appropriation. City and County's obligations herein are
contingent upon sufficient funds being appropriated in their yearly budgets. If sufficient
funds are not appropriated County shall notify City immediately and the contract shall be
terminated immediately upon receipt of said notice. If sufficient funds are not
appropriated by City, it shall notify County immediately and the contract shall be
terminated immediately upon receipt of said notice.
9. Cost recovery. For any animal delivered to the City by the County, which is
subsequently recovered by its Owner directly from the City, the City will be entitled to
bill the owners directly for the cost of kenneling and services at its customary rate.
County shall not be required to collect such costs nor reimburse the City for such costs.
County hereby assigns any rights to reimbursement it may have to the City. The County
agrees to assist City in collecting costs for kenneling by providing owner information at
the request of the City and not releasing the animal without prior notification to the City.
10. Notices. Any notice sent to parties pursuant to this agreement shall be delivered to the
following persons
If to the City: If to County:
Police Chief Cole County Commission
City of Jefferson 301 E. High St.
401 Monroe Jefferson City, Mo 65101
Jefferson City, Mo 65101
Cole County animal shelter 3-15-12
IN WITNESS WHEREOF the parties set their hands on the date stated above:
CITY OF JEFFERSON COLE COUN , MISSOURI
Eric Struemph, yo. Presi i g cperdission
r
Attest:
Western Distri ommissio r
Phyllis Po ell, City Jerk Eastern Difkrict tommissioner
Approved as to Fonn Atte
nterim City Counselor Title
County Cleric
CERTIFICATION OF AUDITOR
I, the Auditor for Cole County, do hereby
certify that there is a balance otherwise
unencumbered to the credit of the
appropriation to which it is to be charged and
a cash balance otherwise unencumbered in the
treasury to the credit of the fund from which
payment is to be made, each sufficient to meet
the obligation incurred to the City of
Jefferson.
�2-
County Auditor Date
Cole County animal shelter 3-15-12
SCHEDULE A
Services provided by City
Service:
1. Boarding.
2. Euthanasia
3. Disposal of bodies after Euthanasia.
4. Spay/Neuter
5. Vet Check
6. Vaccine for canines as follows: parvo, distemper)
7. Vaccine for felines (Chlamydia,panleukopeni)
8. Fecal Test
9. Blood Testing.
10. Flea and tick preventative.
11. Antibiotic/pain.
12. Dewormer.
13. Rabies vaccination
14. Rabies, Decapitation or After Care.
Cole County animal shelter 3-15-12