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BILL NO. 98-139
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SPONSORED BY COUNCILMAN Rick Nilges
ORDINANCE NO.
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AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE
MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH THE UNIVERSITY OF
r ' MISSOURI FOR FIRE TRAINING. i
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BE IT ENACTED BY THE COUNCIL OF THE CITY OF JEFFERSON, MISSOURI, AS
FOLLOWS: I
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Section 1. The Mayor and City Clerk are hereby authorized and directed to execute
' an agreement with the University of Missouri for Fire Training. r;
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.
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Passed: r-r . �� l i' Approved:
Presiding Officer Mayor
ATTEST: APPROVED AS TO FOR � r
City Clerk City Co a or
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Fire and Rescue Training Institute
Training and Continuing Education Account
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THIS AGREEMENT, by and between THE CURATORS OF THE UNIVERSITY OF
MISSOURI,a public corporation of the State of Missouri,contracting on behalf of the University
of Missouri-Columbia, Fire and Rescue Training Institute (hereinafter .referred to as the
"Institute") and Jefferson City Fire Department (hereinafter referred to as the "Fire
Department").
I WiTNESSETH:
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WHEREAS,the Fire Department is desirous of using funds to obtain fire and emergency
response training for its personnel;and
f WHEREAS, the Institute is capable of developing and providing training programs for
fire and emergency response personnel;and
WHEREAS, the parties deem it to be to their mutual benefit and interest to set forth in
writing the terms and conditions of the Institute's provision and the Fire Department's use of
these continuing education, seminar, in-service or advanced.fire training programs or seminars
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and publications;
NOW THEREFORE, in consideration of the above premises and the individual and
mutual promise of the parties hereinafter set forth, it is hereby agreed by and between the j
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parties hereto the following:
' 1. The term of this agreement shall commence as of the 1st of November 1998 and
terminate as of the 31st of October 1999.
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2. In consideration of the Institute's developing, providing,and presenting and/or making '
1 the above referenced training and continuing education programs, seminars and
publications available to the Fire Department's officers and personnel, the the Fire �.
Department agrees to pay Institute$15,000. The Fire Department shall pay this amount
to the Institute in accordance with the following schedule: lump sum, annual payment,
due upon execution of this agreement.
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Payments should be sent to the Institute at the following address with checks made payable to
the"University of Missouri-Columbia":
Fire and Rescue Training Institute
University of Missouri-Columbia
240 Heinkel Building
Columbia,Missouri 65211
Payments are in consideration of training and/or continuing education fees (tuition) and
publications only. Room and board considerations are not considered a part of this agreement.
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! 3. Each continuing education program or seminar will be offered for a specified and
' advertised tuition cost. The Fire Department may, space permitting, apply the funds
committed to in this agreement toward such "Fee"programs or serinars on a 90 percent
of total tuition (10% tuition reduction)per registration basis.This percent reduction does
not include publications purchased from the Institute. The tuition costs for seminars
and programs will be deducted from the Fire Department's Account as continuing
education program and seminar enrollments are received by the Institute. The Fire
} ) Department will be notified on a routinely scheduled basis as to the ongoing fund
balance in the Department's account. At any point when the Fire Department is nearing
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or has used the total of the funds deposited into the Department's account, the
Department may renew or replenish the "Training/Education Account" at the same
terms as stipulated to above or the Department may purchase training,dollar-for-dollar,
on a specific program by program basis. Any funds left in the account at the end of the
f term of this contract are non-refundable.
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I 4. The Fire Department will be charged 100 percent of the tuition cost of the program or
seminar in the event that a registered representative of the department cancels or fails to
f attend the program or seminar. This non-refundable cost will be charged against the
"Training/Education Account" fund balance. The Fire Department may substitute a
person to the program in place of the original registrant.
S. Participants in the training and continuing education programs and seminars set forth in
paragraph 2 above will be given continuing education units from the Institute for their
successful completion(s)of such programs or seminars.
`., ,,..✓� _ 6. The Institute shall retain complete control over the content of said training and
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'i continuing education programs and seminars and the instructors thereof..
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7. The Institute reserves the right to cancel any particular program or seminar because of
minimal enrollment. The Institute will attempt to provide the Fire Department a notice
of cancellation ten(10)working days preceding the scheduled beginning of the program.
8. All programs and seminars provided under the terms of this agreement shall be provided
and/or held at the Institute's facility or such other place as determined by the Institute
in Missouri.
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9. Participants in the training or continuing education programs or seminars provided
j under the terms of this agreement shall be considered the same as others taking
instruction through the University Extension Division.
10. Some Institute training or continuing education programs or seridnars may involve
} rigorous physical activity and/or training. Because of this the Fire Department therefore
agrees to take reasonable steps to assure that its personnel or officers who might be
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_.� participating in these programs or seminars are in suitable condition or health to allow
- ( for their safe participation in such programs.
11. None of the terms or conditions herein shall in any manner be altered,amended,waived, }
or abandoned,except by the written agreement of the parties.
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12. The Fire Department will not discriminate against any personnel because of race, color, t
creed, religion, sex, national origin, handicap, or age in making the training programs
provided under the terms hereof available.
13. This agreement sets forth the entire understanding of the parties and supersedes any and
3 all prior agreements, arrangements, and understandings relating to the subject matter
hereof. This agreement shall be binding upon and inure to the benefit of the parties and `
r their respective successors, legal representatives and assignees. The Article or Section
headings,if any,of this agreement are for convenience of reference only and do not form
a part hereof and do not in any way modify, interpret, or construe the intentions of the ( ..'
parties. This agreement shall be executed in one or more counterparts and all such
( counterparts shall constitute one and the same instrument. The person who executes
this agreement on behalf of the Fire Department expressly represents and warrants that
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s he/she has full and complete authority to do so.
14. This agreement shall be deemed to have been entered into under the laws of the State of
i Missouri and the rights and obligations of the parties hereunder shall be governed and
r. E determined according to the law of said State.
15. No member, individually or collectively, or officer of the Board of Curators of the
University of Missouri incurs or assumes any individual or personal liability by the
execution of this contract or by reason of the default of the University in the
performance of any of the terms hereof. All such liability of the members or officers of I
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the Board of Curators of the University of Missouri, as such, is hereby released by the
Fire Department as a condition of and in consideration of the execution of this.contract.
IN WITNESS THEREOF, the parties hereto have executed this agreement and/or
authorized the same to be executed by their duly authorized representatives as of the date
,...., shown below their respective signatures;said agreement to become effective as of the later date.
City of Jefferson,Missouri
THE CURATORS OF THE UNIVERSITY
OF MISSOURI
Mayor Jacquelyn K.Jones
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Director,Business Services
BY: By --
City Clerk Associate Director,FRTI
APPROVED AS TO FORM
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City Counselor
DATE:. DATE:
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Fire and Rescue Training Institute
Training and Continuing Education Account
THIS.AGREEMENT,by and between THE CURATORS OF THE UNIVERSITY OF MISSOURI, a
public corporation of the State of Missouri, contracting on behalf of the University of Missouri-Columbia,
Fire and Rescue Training Institute (hereinafter referred to as the "Institute") and Jefferson City Fire
Department(hereinafter referred to as the "Fire Department").
WITNESSETH:
WHEREAS, the Fire Department is desirous of using funds to obtain fire and emergency response
training for its personnel; and
WHEREAS, the Institute is capable of developing and providing training programs for fire and
emergency response personnel; and
WHEREAS, the parties deem it to be to their mutual benefit and interest to set forth in writing the
terms and conditions of the Institute's provision and the Tire Department's use of these continuing education,
seminar, in-service or advanced fire training programs or seminars and publications;
NOW THEREFORE, in consideration of the above premises and the individual and mutual promise
of the parties hereinafter set forth, it is hereby agreed by and between the parties hereto the following:
1. The term of this.agreement shall commence as of the 1 st-of November 2000 and terminate,as of•the
31st of October 2001.,_
2. In consideration of the Institute's developing,providing, and presenting and/or making the above
referenced training and continuing education programs, seminars and publications available to the
Fire Department's officers and personnel,that the Fire Department agrees to pay the Institute
$9,000.00. The Fire Department shall pay this amount to the Institute in accordance with the
following schedule: lump sum, annual payment, due upon execution of this agreement.
Payments should be sent to the Institute at the following address with checks made payable to the
"University of Missouri-Columbia":
Fire and Rescue Training Institute
University of Missouri-Columbia
240 Heinkel Building
Columbia,Missouri 65211
Payments are in consideration of training and/or continuing education fees 4ff4iet�
publications only. Room and board considerations are not considered a part of this agreement.
3. Each continuing education program or seminar will be offered for a specified and advertised tuition
cost. The Fire-.Department may, space permitting, apply the funds committed to in this agreement
toward.such"Fee".programs,or:seminars:on a-�90 percent of,totalf— .(10% tu W Qm reduction)-per
registration basis. This percent reduction does not include publications purchased from the Institute.
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?A0 CONTRACT M0. �� ��
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The+nr�ttoft costs for seminars and programs will be deducted from the Fire Department's Account as
continuing education program and seminar enrollments are received by the Institute. The Fire
• Department will be notified on a routinely scheduled basis as to the ongoing fund balance in the
Department's account. At any point when the Fire Department is nearing or has used the total of the
funds deposited into the Department's account,the Department may renew or replenish the "Training/
Education Account" at the same terms as stipulated to above or the Department may purchase
training, dollar-for-dollar, on a specific program by program basis Any4unds left in the account at
the end of the term of this contract are non-refundable.
4. The Fire Department will be charged 100 percent of the t4Weri coWails
ogram or seminar in the
event that a registered representative of the department cancels attend the program or
seminar. This non-refundable cost will be charged against the "Training/ Education Account" fund
balance. The Fire Department may substitute a person to the program in place of the original
registrant.
5. Participants in the training and continuing education programs and seminars set forth in paragraph 2
above will be given,continuing education units from the Institute for their successful completion(s) of
such programs or seminars.
6. The Institute shall retain complete control over the content of said training and continuing education
programs and seminars and the instructors thereof..
7. The Institute reserves the right to cancel any particular program or seminar because of minimal
enrollment. The Institute will attempt to provide the Fire Department a notice of cancellation ten (10)
• working days preceding the scheduled beginning of the program.
8. All programs and seminars provided under the terms of this agreement shall be provided and/or held
at the Institute's facility or such other place as determined by the Institute in Missouri.
9. Participants in the training or continuing education programs or seminars provided under the terms of
this agreement shall be considered the same as others taking instruction through the University
Extension Division.
10. Some Institute training or continuing education programs or seminars may involve rigorous physical
activity and/or-training,Because of this the Fire Department therefore agrees to take reasonable steps
to assure that its-person'nei or officers who might be participating in these programs or seminars are in
suitable condition or health to allow for their safe participation in such programs.
11. None of the terms or conditions herein shall in any manner be altered, amended,waived, or
abandoned, except by the written agreement of the parties.
12. The Fire Department will not discriminate against any personnel because of race, color, creed,
religion, sex,national origin,handicap, or age in making the training programs provided under the
terms hereof available.
13. This agreement sets forth the entire understanding of the parties and supersedes any and all prior
agreements, arrangements, and understandings relating to the subject matter hereof. This agreement
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shall be binding upon and inure to the benefit of the parties and their respective successors, legal
representatives and assignees. The Article or Section headings, if any, of this agreement are for
convenience of reference only and do not form a part hereof and do not in any way modify, interpret,
or construe the intentions of the parties. This agreement shall be executed in one or more
counterparts and all such counterparts shall constitute one and the same instrument. The person who
executes this agreement on behalf of the Fire Department expressly represents and warrants that
he/she has full and complete authority to do so.
14. This agreement shall be deemed to have been entered into under the laws of the State of Missouri and
the rights and obligations of the parties hereunder shall be governed and determined according to the
law of said State.
No member, individually or collectively, or officer of the Board of Curators of the University of
Missouri incurs or assumes any individual or personal liabilit�by the execution of this contract or by
reason of the default of the Uni yersity in the;performance of any of the terms hereof.All such liability
of the members or officers of the Board of Curators of the University of Missouri, as such, is hereby
released by the Fire Department as a condition of and in consideration of the execution of this
contract.
IN WITNESS THEREOF,the parties hereto have executed this agreement and/or authorized the same
to be executed by their duly authorized representatives as of the date shown below their respective signatures;
said agreement to become effective as of the later date.
i of Jefferson, Missouri The ators of the Univer ' of Missouri
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By: By:
City Administrator - J c uely . J nes
rector,Business Services
ATTE
By: ,GGA By:
City Clerk Associate Director, FRTI
APPROVED
AS TO
APPROVED AS TO.FORM LE.AL F �t
to�ORS P 3U c612 N
By:
ity Nounselor
DATE: �1 , �/'I DATE:
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