HomeMy Public PortalAboutORD14256 it
BILL NO. 2007-79
SPONSORED BY COUNCILMAN Harvey
ORDINANCE NO. i)-�x5- .
AN ORDINANCE OF THE CITY OF JEFFERSON, ENDORSING THE CITY OF
JEFFERSON'S PARTICIPATION IN A COMMUNITY SPAY AND NEUTER PROGRAM
AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A CONTRACT WITH
THE HEART OF MISSOURI HUMANE SOCIETY AND THE UNIVERSITY OF MISSOURI
TO FULFILL THE CITY'S OBLIGATION UNDER SUCH A PROGRAM
WHEREAS, the Heart of Missouri Humane Society is a nonprofit corporation licensed in
Missouri whose purpose is to provide humane treatment to all animals and
prevent cruelty to animals, provide education about proper care of animals
and to assist in the well being of unwanted pets and whose service area
includes but is not limited to Jefferson City and Cole County; and
WHEREAS, the Heart of Missouri Humane Society has engaged the University of
Missouri Veterinary School in a cooperative effort to facilitate, organize and
administer a community spay and neuter program to assist low income
families in Jefferson City and Cole County; and
• WHEREAS, the City of Jefferson desires to assist the efforts of the Heart of Missouri
Humane Society and the University of Missouri Veterinary School; and
WHEREAS, the City of Jefferson can assist the organization and administration of the
community spay and neuter program by a commitment to allow the Heart of
Missouri Humane Society and the University of Missouri Veterinary School
to utilize City facilities at reasonable mutually agreed upon dates and
locations.
NOW THEREFORE BE IT ENACTED BY THE COUNCIL OF THE CITY OF JEFFERSON,
MISSOURI, AS FOLLOWS:
Section 1. The City Council hereby endorses the efforts of the Heart of Missouri
Humane Society,and the University of Missouri in providing a community spay and neuter
program to assist low income families and it further agrees to make available City facilities
at reasonable mutually agreed upon times and locations.
Section 2. The City Council hereby authorizes and directs the Mayor and the City
Clerk to execute an agreement with the Heart of Missouri Humane Society and the
University of Missouri, in a form substantially similar to the contract set forth in Exhibit A,
• which is incorporated herein as if more fully and completely set out.
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Section 3. This Ordinance shall be in full force and effect from and after the date
of its passage and approval.
Passed: f Approved: << ZOO -7
11/1 siding O ficer Mayor
ATTEST: APPR D AS TR FORM:
City lerk City Counselor
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PROGRAM FACILITIES USE AGREEMENT
between
THE CITY OF JEFFERSON
and
THE HEART OF MISSOURI HUMANE SOCIETY
THIS FACILITIES USE AGREEMENT(the"Agreement")made this 10 day of ,
2007 by and between the CITY OF JEFFERSON, (the"City") a Municipal Corpxti-oh and the
HEART OF MISSOURI HUMANE SOCIETY, (the "Organization") a Missouri not for profit
corporation created and existing under the laws of the State of Missouri.
RECITALS
WHEREAS, the City Council endorses the efforts of the Heart of Missouri Humane Society in
cooperation with the University of Missouri in providing a community spay and neuter program to
assist low income families, and it further agrees to make a available City facilities at reasonable
mutually agreed upon times and locations; and
• WHEREAS, the City and the Organization recognize that it is more economical and efficient to
cooperate for the benefit of program participants rather than operate separately; and
WHEREAS,the City and the Organization agree that the Facilities will be used for community-based
spay and neuter program, and other related activities; and
WHEREAS,the City and the Organization have entered into this Agreement regarding the scope of
activities and use of the Facilities; and
WHEREAS, this Agreement sets forth the rights and obligations of the City and the Organization
relating to the use of the Facilities and other resources; and
WHEREAS, the City and the Organization have authority to enter into this Agreement and to take
all actions required of it hereby,and have taken all actions necessary to authorize the execution and
delivery of this Agreement.
WITNESSETH THAT, in the joint and mutual exercise of their powers, and in consideration of the
mutual covenants herein contained, the parties hereto recite and agree as follows:
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• ARTICLE I
1.01. Use. The Organization shall use City Facilities for providing a community spay and neuter
program to assist low income families in accordance with the terms and conditions set forth herein.
1.02. Term of Agreement. This agreement shall be in effect prior for one year following the date of
execution. If the Organization fails to comply with any provision,stipulation, or condition herein
contained,the City may cancel this agreement or take other action it deems appropriate to mandate
compliance. The agreement shall automatically renew unless terminated by either party upon and
sixty day written notice.
1.03. Calendar. The City and the Organization agree to prepare a calendar of the Organization
sponsored activities and programs using the Facilities for the period covered by this agreement.
Such calendar shall be prepared prior to the commencement of activities contemplated by this
Agreement. No activity can be added or deleted from the calendar without the approval of the
Director of Community Development or his designee [hereinafter referred to as Director] .
1.04. Use and Scheduling.
a. Notwithstanding anything herein to the contrary, the City may preempt a co-sponsored
activity for City-sponsored events, programs, or activities. No dates in the calendar of
activities and programs shall be included for the purpose of holding dates in reserve. The
City agrees to use its best efforts, but is not obligated, to schedule the preempted
Organization sponsored activity into other available facilities.
b.The Director shall have the authority to require and authorize the cancellation of particular
times reserved for the Organization sponsored activity and rescheduling to alternate times,
if available, should unforeseen matters relating to mechanical failure, breakdown, or other
matters relating to health and safety of participants prevent the use or operation of the
facilities.All decisions regarding facility operation,scheduling, renovations, modifications,
appearance, signage, etc. shall be.made by the Director.
1.05. Admission Revenues. The Organization may not utilize admission revenue as a fund-raiser
to offset co-sponsored program costs.
1.06. Schedule Review Meeting.The Director and the President of the Organization or his designee
shall meet as needed to review the schedule regarding use of the Facilities.
1.07. Alcohol and Tobacco Policy. There shall be no smoking or other use of tobacco products or
consumption of alcohol in the Facility. The City may withhold access to facilities and impose
discipline on individual and groups for alcohol or tobacco violations.
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• 1.08.Program Staff Selection. Staff shall be provided by,supervised by,and under the sole authority
of the Organization and shall not be deemed to be employees or agents of the City.
ARTICLE II
Ownership and Maintenance of Facilities
2.01. Ownership. The City is the sole owner of the Facilities.
2.02. Maintenance and Upkeep. The City will be responsible for all maintenance, repairs,
replacement and upkeep of the Facilities necessary to keep the Facilities in good repair and clean
condition. Standards of maintenance shall be determined by the City.
2.03.Operating Cost and Utilities.The City will be responsible for all operating costs relating to the
Facilities, including all electric, heat, phone, water, sewer, trash removal and other utilities and
services except that the Organization shall be responsible for the staff operating the program as
provided in section 1.08 of this agreement.
2.04. Insurance. The City will at its expense insure the Facilities, fixtures, and furnishings therein
• against loss or damage by fire and loss or damage by such other risks and in such amounts,with such
deductible provisions, in accordance with prevailing community standards. Each party will obtain
and maintain during the term of this Agreement a comprehensive liability insurance policy in at least
the amounts specified as to the extent of liability under Missouri Statutes.
ARTICLE III
Indemnification
3.01. Indemnification b,, theOrganization. To the extent permitted by law,the Organization hereby
indemnifies and holds the City harmless from and against any and all claims, demands, liabilities,
and expenses,including attorney's fees,arising from the Organization's use of the Facilities,or from
any act permitted, or any omission to act, in or about the Facilities by the Organization, or its
officers, employees, independent contractors, agents, or invitees, or from any breach or default by
the Organization of this Agreement, except to the extent caused by the City's gross negligence or
willful misconduct. In the event any action or proceeding shall be brought against the City by reason
of any such claim,the Organization shall defend the same at the Organization's expense by counsel
reasonably satisfactory to the City. The provisions of this Section (3.01) shall survive any
termination of this Agreement.
j 3.02.Indemnification by CitX.To the extent permitted by law,the City hereby indemnifies and holds
the Organization harmless from and against any and all claims, demands, liabilities, and expenses,
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• including, attorney's fees, arising from the issuance by the City of bonds to finance the Facilities,
the City's use of the Facilities, or from any act permitted, or any omission to act, in, or about the
Facilities by the City,or its officers,employees,independent contractors,agents,or invitees,or from
any breach or default by the City of this Agreement, except to the extent caused by the
Organization's gross negligence or willful misconduct. In the event any action or proceeding shall
be brought against the Organization by reason of any such claim, the City shall defend the same at
the City's expense by counsel reasonably satisfactory to the Organization. The provisions of this
Section (3.02) shall survive any termination of this Agreement.
ARTICLE IV
Dispute Resolution
4.01.Negotiation.If a dispute arises between the City and the Organization regarding this Agreement
or the operation or maintenance of the Facilities, not specifically addressed in this agreement, the
Organization President and the Director,or their designees,must promptly meet and attempt in good
faith to negotiate a resolution of the dispute.
4.02. Dispute Resolution. If the City and the Organization have not negotiated a resolution of the
dispute within 30 days after this meeting, the parties may jointly select a mediator to facilitate
further discussion. It is agreed that neither party will be bound by the outcome. If a mediator is
not used or if the parties are unable to resolve the dispute within 30 days after first meeting with
• the selected mediator, the dispute will be submitted to the City Administrator for a final decision.
The parties will equally share the costs of conducting any dispute resolution, excluding each
party's cost for preparation of its own case.
4.03. Specific Performance. In addition to the dispute resolution mechanisms contained in this
section, each party may seek specific performance of the other party's obligations under this
agreement or any other legal or equitable remedy that may be available.
ARTICLE V
Miscellaneous
5.01. Relationship of Parties.The City and the Organization agree that it is their intention hereby to
create only the relationships of licensor and licensee, and no provision hereof, or act of either party
hereunder, shall ever be construed as creating the relationship of lessor and lessee, principal and
agent, or a partnership,joint venture or enterprise between the parties hereto.
5.02.Regulations. The Organization shall be required to follow the rules and regulations of the City
of Jefferson relating to participant behavior, safety and protection and appearance of the physical
facility during the conduct of its activities. All of those rules and regulations posted or which are
a part of facility operating manuals are made a part and condition of this agreement. If a participant
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• is suspended from participation in activities due to violation of facility or disciplinary rules, that
suspension will be enforced by the City and the Organization for all its activities.
5.03. Discrimination. The City, as a recipient of Federal assistance administered by the U.S.
Department of the Interior is required to comply with certain obligations and provisions of Title VI
of the 1964 CIVIL RIGHTS ACT.The Code of Federal Regulations,Title 43,Part 17,provides that:
"A recipient under any program to which this part applies may not, directly or
through contractual or other arrangements, on the grounds of race, color, sex, or
national origin, deny any individual any service, financial aid, or benefit provided
under the program."
This paragraph is interpreted further that when Federal assistance is extended to any part
within a system, the entire system- including those parts not receiving Federal assistance-
is subject to the obligation and prohibitions imposed by Title VI of the 1964 Civil Rights Act
and the provisions of the code of Federal Regulations, Title 43, Part 17. Under the terms
of this agreement it is distinctly understood and agreed that the Organization,it's employees,
and members agree to comply with the above provisions to Title VI of the Civil Rights Act
of 1964, as required for the conduct of it's program and operations.
5.04 Termination. Either party may terminate this agreement by giving sixty days advance written
notice to the other party.
!� ARTICLE VI
d Administrative Provisions
6.01. Rights Cumulative. The rights and remedies of the City and the Organization under this
Agreement,whether provided by law or by this Agreement,shall be cumulative,and the exercise by
either party of any one or more of such remedies shall not preclude the exercise by such party,at the
same or different times,of any other remedy for the same default or breach or of any of its remedies
for any other default or breach of the party.No waiver made by either such party with respect to the
performance or the manner or time thereof, of any obligation under this Agreement, shall be
considered a waiver with respect to the particular obligation of the other party or a condition to its
own obligation beyond those expressly waived in writing and to the extent thereof, or a waiver in
any respect in regard to any other rights of the party making the waiver of any obligations of the
other party.Delay by a party hereto instituting or prosecuting any cause of action or claim hereunder
shall not be deemed a waiver of any rights hereunder.
6.02.Notices. All notices,certificates or other communications required to be given to the City and
the Organization hereunder shall be sufficiently given and shall be deemed given when delivered or
deposited in the United States mail with postage fully prepaid and addressed as follows:
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If to the City:
Director of Community Development
City of Jefferson,
320 E. McCarty
Jefferson City, Missouri 65101
Attn: Patrick Sullivan
If to the Organization:
Attn:
The City and the Organization, by notice given hereunder, may designate different addresses to
which subsequent notices, certificates or other communications should be sent.
6.03. Organization Spokesperson. The Organization shall provide to the Director a complete list of
Organization Officers and Board Members and their terms as well as Organization employees,
including addresses and telephone numbers. The Organization shall also designate a single
spokesperson(and an alternate)who shall be responsible for all official communication and contact
between the Organization and the Department of Community Development.
6.04.Amendments,Changes and Modifications.This Agreement maybe amended or any of its terms
modified only by written amendment authorized and executed by the City and the Organization.
6.05.Assignment.The City and the Organization may not assign their rights or obligations under this
Agreement without the prior written consent of the other party.
6.06.Binding Effect.All of the covenants,conditions and agreements herein contained shall extend
to, be binding upon, and inure to the benefit of the parties hereto and their respective permitted
successors and assigns.
6.07. Severability. If any provisions of this Agreement shall be declared invalid or unenforceable,
the remainder of this Agreement shall continue in full force and effect.
• 6.08. Execution Counterparts. This Agreement may be simultaneously executed in several
counterparts, each of which shall be an original and all of which shall constitute but one and the
same instrument.
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6.9. Governina Law. This Agreement shall in all respects be governed by and interpreted under the
laws of the State of Missouri.
6.10. Captions. The captions or headings in this Agreement are for convenience only and in no way
define, limit or describe the scope of intent of any provisions or sections of this Agreement.
IN WITNESS WHEREOF,the City and the Organization have subscribed their names as of the day
and year first above written.
CITY OF JEFFERSON
f _
Mayor -r Title:
ST: ATTEST:
i
ity Cl k Title:
AP TO FORM:
City Vb seior
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