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Home My Public Portal AboutORD14452 BILL NO. 2008-112 SPONSORED BY COUNCILMAN KOON ORDINANCE NO.— AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH COLE COUNTY FOR THE CITY OF JEFFERSON TO FURNISH JOINT COMMUNICATIONS SERVICES TO COLE COUNTY. 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 for the City of Jefferson to furnish joint communications services to Cole County. 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: &—, ��, � Approved dam. 2d� e.0iding Officer Mayor ATTEST: APPRO AS TO FORM: C' Clerk (Ally- city ou selo I LH ,SZ CITY OF JEFFERSON AGREEMENT TO FURNISH JOINT COMMUNICATIONS SERVICES TO COLE COUNTY FOR THE PERIOD JANUARY 1, 2009 THROUGH DECEMBER 31, 2009 THIS AGREEMENT is made by and between the City of Jefferson, Missouri, a Missouri municipal corporation, hereinafter referred to as the "City" and Cole County, a political subdivision of the state of Missouri, hereinafter referred to as the "County." 1. Purpose. The purpose of this document is to establish a mutual understanding of the services to be provided to the citizens of the County of Cole, including those within the corporate limits of Jefferson City. This agreement is entered into with the approval of the Commission of the County, and the City Council of the City. The services included shall be twenty-four (24) hour per day dispatch for the Sheriffs department and fire departments and districts which are members of the County which are listed in Exhibit A including the answering of calls, radio and tone dispatching, emergency contact information, data processing associated with Computer Aided Dispatching (CAD), and associated communications services. 2. Hirinlz of Personnel for Services. The County and City mutually agree to the following regarding personnel: a. The City will provide to the County information concerning the names, salaries, and benefits of all employees in the Communications Division upon request. b. The City will station at least two (2) employees at the Communications Console at all times, who will give priority to communications functions while on duty. C. All decisions concerning individuals employed in the Communications Section shall be the sole responsibility of the City. d. The City shall be responsible for training all employees referenced above. All costs of the training program shall be paid by the City. 3. Site of Services. All services provided by the City under this agreement shall be delivered at 401 Monroe, Jefferson City, Missouri by the Jefferson City Police Department. Training may be provided off-site as deemed necessary by the City. s 4. Purchase of Equipment. a. The City through its Purchasing Agent shall be responsible for the purchasing, storing, and distribution of all supplies and materials under the provisions of this isagreement. b. The County shall provide such radio equipment as it deems sufficient within the county outside the city limits at its sole cost and expense. 5. Maintenance of Equipment. Maintenance of equipment shall be the responsibility of the title holder except that all items of equipment physically located at 401 Monroe Street shall be maintained by the City. 6. Commencement of Services. Basic communications services to be provided under this agreement by employees referenced in paragraph 2A above, shall commence or continue on a county-wide basis as of the date of this agreement. 7. Data Ownership. All data entered into the City's Computer Aided Dispatch (CAD) system for all County member departments will remain the property of the County. At any time, City agrees to provide file tapes to County at County's cost. City shall have the right to maintain and keep duplicate copies of all data. 8. Joint Communications Operations Advisory Committee. a. Purpose. A Joint Communications Operations Advisory Committee will be formed from representatives of the several County members, including the City of Jefferson. The Joint Communications Operations Advisory Committee will advise the Jefferson City Police Department on call answering and communications procedures for law enforcement and fire communications throughout Cole County, including response to mutual aid calls into other counties. The Joint Communications Operations Advisory Committee may recommend contents for inclusion in employee training programs. b. Membership. The Joint Communications Operations Advisory Committee shall consist of the following voting members: two members appointed by the City of Jefferson, two members appointed by the Cole County Commission and one member selected by the four appointed members. No member of the board shall be an elected or appointed official of the city or county or any other political subdivision which F:\JGallaher\Cole County Commission\911 Agreement\911 Agreement draft 4.doc receives services from the joint communications program, nor an employee of any such entity. The Chief of Police, or his designee, shall serve as ex officio isexecutive secretary to the board, which shall be a non-voting position. C. Terms and Meetings. The Joint Communications Operations Advisory Committee shall meet at least quarterly. d. Authority. i. Monitor Performance, The Joint Communications Operations Advisory Committee shall monitor the performance of the Communications Center of the Jefferson City Police Department and will make recommendations for improved communications. The Board will provide a written report to the City Council and County Commission at least annually as to the performance of the Communications Center. The City agrees to make all reasonable efforts to follow the Joint Communications Operations Advisory Committee recommendations. ii. Hear Grievances. Any political subdivision served by the Communications Center may, if it feels aggrieved by any action taken by the Board, the Communications Center, or any personnel employed by the center, may file a grievance with the Board. Such grievance shall be in writing and signed by the chief executive officer of that political subdivision. For the purposes of this agreement, the Sheriff of Cole County shall be considered to be a political subdivision. Upon receipt of a • grievance, the Board shall convene a hearing. Following such a hearing, the Board shall either issue a finding of insufficient cause to take any action or issue a written recommendation of corrective action to be taken by the Chief of Police. In the event of a recommendation for corrective action, the Chief shall promptly report in writing to the Board, the County Commission, and the City Council what action was taken. 9. Term. a. This agreement shall begin on the 1 st day of January, 2009 and terminate on December 31, 2009. b. This agreement shall be contingent upon appropriations by both the City and the County to cover all the expenses and payments referenced in this agreement. Either party may terminate this agreement upon thirty (30) days written notice if the governing body of the party fails to appropriate the funds required to fulfill its obligations under this agreement. C. Should any amounts due the City for compensation from the County under this agreement remain unpaid for more than sixty (60) days after receipt by the County of appropriate documentation from the City, the City may terminate this is contract by giving the County thirty (30) days notice of its intent to terminate. Such termination shall not extinguish any obligation of the County. 10. Applicable Law. The Laws of the State of Missouri shall govern the validity, performance, and enforcement of this agreement. 11. Consideration and Payment Schedule. a. The County shall, in consideration of the services it receives, and on behalf of those entities receiving service outside the corporate limits of the city, and on behalf of the citizens of the County who reside inside the corporate limits, pay to the City its share of the fixed and variable costs as determined by the application of a rate of twenty-five percent (25%) applied to the finalized annual budget for the 911 center as set forth in the City's final budget for the each fiscal year. The County's share for January 1, 2009 through December 31, 2009, shall be Three Hundred Forty Seven Thousand Eight Hundred Ninety Eight Dollars ($347,898.00) payable in equal monthly installments. b. The County shall pay the City upon presentation of appropriate documentation and statements by the City. The County shall pay the City within thirty (30) days after the receipt of the statement and appropriate documentation. 12. Notices. • All notices required or permitted hereunder and required to be in writing may be given by first class mail. If to City, notice shall be sent to the Police Chief at 401 Monroe, Jefferson City, Missouri 65101 and to the City Counselor at 320 East McCarty, Jefferson City, Missouri 65101. If to the County, notice shall be sent to the Cole County Commission at the Cole County Courthouse, Jefferson City, Missouri 65101, and to the Cole County Counselor at the Cole County Courthouse, Jefferson City, Missouri 65101. The date of delivery of any notice shall by the date falling on the second full day after the day of its mailing. 13. Agreement Binding. This agreement is to be binding on the successors and assigns of the parties hereto and is not to be assigned by either party without first obtaining the written consent of the other. IN WITNESS WHEREOF,the parties hereto have caused this Agreement to be executed on the day and year indicated below. Executed thi�day of� , 2008 on behalf of the City of Jefferson, Missouri Jo L idweh�May�or, tt 4&4 yllis P well, City Clerk Appr s to F i Nath Nickolaus, City Counselor Executed thi day of cwL&,- , 2008 on beh he Co ission of Cole County, Missouri Iffarc Tinge , resi i o issioner Commissioner v+ , Commissio er Attest: Count Jerk Approved: jim LePage, Cole County Auditor - 6 - } EXHIBIT A SHERIFF'S DEPARTMENT, FIRE DEPARTMENTS AND DISTRICTS THAT ARE MEMBERS OF COLE COUNTY, MISSOURI 1. Cole County Sheriff's Department 2. Cole County Fire Protection District 3. Jefferson City Fire Department 4. Regional West Fire Protection District 5. Eugene Volunteer Fire Department 6. Russellville Rural Fire Association 7. St. Thomas Volunteer Fire Department 8. Taos Fire Department, Inc. - 7 -