HomeMy WebLinkAbout1135 Intergovernmental Agreement with City of Northmoor for Dispatching Services Bill NO. 2012-039 ORDIANANCE NO. �� �j �
AN ORDINANCE AUTHORIZING AND APPROVING THE CITY OF RIVERSIDE, MISSOURI,
TO ENTER iNTO THE INTERGOVERNMENTAL COOPERATIVE AGREEMENT BETWEEN
THE CITY OF RIVERSIDE, MISSOURI AND THE CITY OF NORTHMOOR, MISSOURI TO
PROVIDE DISPATCHING SERVICES
WHEREAS, the Board of Aldermen find it is in the best interest of the City to enter into
an intergovernmental cooperative agreement whereby Riverside agrees to provide dispatching
services to the City of Northmoor, Missouri as more fully set forth in Exhibit "A" attached hereto;
NOW THEREFORE BE IT ORDAINED BY THE BOARD OF ALDERMEN OF THE
CITY OF RIVERSIDE, MISSOURI AS FOLLOWS:
SECTION 1— PUBLIC PURPOSE DELCARED This ordinance is intended and is
hereby determined and declared to be necessary to accomplish and serve the public purpose of
enhancing emergency response services available to the residents of Northmoor.
SECTION 2— APPROVAL OF AGREEMENT. The Dispatching Services Contractual
Agreement (the "Agreement") between the City of Riverside, Missouri and the City of
Northmoor, Missouri in substantially the same form as attached hereto as Exhibit "A" and made
a part hereof by reference is hereby approved and authorized.
SECTION 3- APPROVAL OF EXECUTION OF AGREEMENT. The execution and
delivery of the Agreement, by the Mayor and/or City Administrator is authorized and the City
Administrator such other city officials as deemed necessary are further authorized to take such
other actions reasonably necessary to carry out the intent of this Ordinance on behalf of the
City, the execution of such agreement being conclusive evidence of such approval.
SECTION 4— EFFECTIVE DATE This Ordinance shall be in full force and effect from
and after its passage and approval.
BE IT REMEMBERED that the above was read two times by heading only, PASSED
AND APPROVED by a majority of the Board of erme and APPROVED by the Mayor of the
City of Riverside, Missouri, this ���-day of , 2012.
� Mayor Kathleen L. Rose
ATT�ST: . Approve to form:
�
�� ittrell, C ty Clerk a c homp on, City Attorney
DISPATCHING SERVICES CONTRACTUAL AGREEMENT
THIS AGREEMENT, made and entered into this ��ay of �� 2012, by and
between the City of Riverside, Missouri, a municipal corporation (herei fter erred to as
"Riverside"), and the City of Northmoor, Missouri, a municipal corporation, (hereinafter referred
to as "Northmoor")
WITNESSETH:
WHEREAS, the provisions of RSMo. Section 70.210 et• sea. allow political subdivisions
and municipalities of Missouri to contract and cooperate with other political subdivisions and
municipalities for the planning, development, construction, acquisition, or operation of public
improvements or facilities, or for common services, and
WHEREAS, Northmoor and Riverside desire to enter into the following cooperative
agreement which will provide for the responsibilities of each of the parties with respect to the
provision of specific dispatching services to the Northmoor Police Department by the Riverside
Department of Public Safety;
NOW THEREFORE, in consideration of the promises and mutual covenants herein set
forth, it is hereby agreed as follows:
SECTION 1- SERVICES TO BE PROVIDED BY RIVERSIDE Riverside, through its
Department of Public Safety, shall provide police dispatching services to Northmoor. Police
dispatching services shall be in accordance with the terms of this agreement and the conditions set
forth in the Regional Justice Information Services (REJIS ) Agreement, the Missouri Uniform Law
Enforcement System (M.U.L.E.S.) and the National Crime Inforniffiion Center (NCIC).
Dispatching services shall include, but not be necessazily limited to, receiving and dispatching
calls for service, computer record checks, entry and removal of warrants and stop orders.
A secondary user agreement signed by both parties aze required by REJIS authorizing Riverside to
create, maintain and inquire upon computer records in REJIS and other interfaced systems on
Northmoor's behai£ Each party along with REJIS shall maintain a signed copy to be used for
CJIS audits. Northmoor personnel and agents who will be requesting information through the
criminal justice information systems shall complete and be maintained by Riverside a set of
fingerprints, confidentiality compliance statement and security awazeness training.
SECTION 2- PAYMENT BY NORTHMOOR FOR SERVICES The parties agree that the
provision of communication and CAD/RMS services by Riverside to Northmoor is of a mutual
benefit to both parties and will not be a burden on the capacity of Riverside. Accordingly, such
services will be provided by Riverside at no charge and as a public service to the community.
Should a fee be necessary both Riverside and Northmoor city governments wil] negotiate an
agreed to amount for services to be provided.
SECTION 3- LIMITS ON DISSEMINATION. Northmoor shall be responsible for ensuring
that data contained in criminal history records shall be disseminated by Northmoor consistent with
and pursuant to REJIS, M.U.L.E.S. and NCIC policies. Northmoor shall ensure that its employees
aze provided adequate training in the substance and intent of the state and federal statutes, their
amendments, and rules and regulations issued or to be issued related to release and dissemination
of criminal history information. In order to ensure compliance with this agreement, Northmoor
shall adopt procedures to accomplish the following:
a) To the masimum extent feasible, protect the information from all unauthorized access,
disclosure or dissemination;
b) Store the information, to the maximum extent feasible, in containers and specially
designated azeas which will protect it from theft, sabotage, fire, flood, wind or other
disasters;
c) To the maximum extent feasible, protect from all unauthorized alterations of the
information;
d) To the maximum extent feasible, detect and investigate all unauthorized attempts to
access any criminal history record;
e) Make each employee working with, requesting or having access to the information
familiar with the substance and intent of this agreement and all other agreements
pertaining to the release of information from the system;
� Initiate adminisirative sanctions against personnel violating the provisions of this
agreement or other security requirements established for the collection, storage or
dissemination of the information;
g) Monitor, audit and inspect all security provisions for the information;
h) Northmoor shall provide for screening of all personnel to be authorized to have access
to criminal history record information which Northmoor maintains.
SECTION 4- RECORDS TO BE MAINTAINED. Riverside shall maintain any and all records
relating to dispatch calls received and processed by Riverside.
Northmoor shall maintain any and all records relating to criminal investigations, warrants, anests,
and traffic tickets for which dispatch information from Riverside was requested. Northmoor
warrants that it will inform and monitor the activities of each and every employee authorized to
request information that the employees shall not seek to utilize the system for access to
unauthorized information. Each and every request by Northmoor for information from the
computer system shall be for a proper purpose and all non-emergency requests shall be
documented by Northmoor in a log book which contains the following information: identity of the
requester, authority of the requester, purpose of the request, identity ofthe individual to whom the
information relates and the date of the dissemination. Northmoor shall provide to Riverside, upon
written request of the Director of Public SafeTy, or his/her designee, written documentation of the
basis for any request for information. The information required to be kept by this agreement shall
be maintained and accessible to Riverside for a period of ten (10) years following the original
request.
SECTION 5- CONTROL OVER PERSONNEL. Riverside shall maintain control over its
personnel while they are performing any and all duties concerning the providing of dispatching
services for Northmoor. At no time shall any member of the Riverside Department of Public
Safety come under the control or supervision of any employee or representative ofNorthmoor.
Riverside shall continue to exercise full and complete administrative control over those employees
providing direct or related duties relating to the services provided herein. The employees of each
party shall retain all pension and disability rights, employment rights, promotional opportunities or
fringe benefits, while performing duties in accordance with this agreement.
SECTION 6- USE OF EOUIPMENT AND FACILITIES Riverside shall maintain control
over the use of any equipment or facilities belonging to Riverside. Any request for the use of
Riverside equipment or facilities shall be made in writing to the Director of Public Safety.
SECTION 7- LIABILITY. Northmoor agrees to hold Riverside harmless and indemnify
Riverside from any and all claims, demands, suits, proceedings, loss, liability or expense in
connection with any unlawful or unauthorized release, dissemination or use of information by
Northmoor or any use of information by Northmoor in violation of the terms of the agreement
entered into between Riverside and REJIS, M.U.L.E.S., or NCIC, or resulting from negligent or
tortious conduct of Northmoor or its employees. Northmoor shall not be held responsible for the
acts of Riverside or its employees. The parties do not waive and expressly reserve any and all
immunities and defenses available to each party.
SECTION 8- TERM. The parties hereto agree that the term of this agreement shall be for a
period of one (1) yeaz and shall be automatically renewed from year to year thereafter, unless
sooner terminated as provided herein.
SECTION 9- ENTIRE AGREEMENT AND MODIFICATION. This agreement may be
amended or modified only in writing. Any amendment or modification shall be authorized by each
party's respective governing body by either resolution or ordinance.
SECTION 10 - TERMINATION OF AGREEMENT The City of Riverside may terminate
this agreement immediately by providing notice in writing to the City of Northmoor if there has
been any violation of the agreement by Northmoor or use of system by Northmoor in violation of
any terms or policies of REJIS, MULES or NCIC. If there is no violation of the terms of this
agreement, the CiTy of Riverside shall provide at least thirty (30) days written notice to the City of
Nor[hmoor.
SECTION 11 - NOTICES. Any notice pertaining to this Agreement shal] be in writing, and
shall be sufficient if sent certified or registered US mail to the other party at the following address:
CITY OF RIVERSIDE
City Administrator With a copy to: Director of Public Safety
City of Riverside CiTy of Riverside
2950 NW Vivion Road 2950 NW Vivion Road
Riverside, Missouri 64150 Riverside, Missouri 64150
CITY OF NORTHMOOR
Mayor With a copy to: Chief of Police
Ciry of Northmoor City of Northmoor
4907 NW Waukomis Drive 4907 NW Waukomis Drive
Northmoor, Missouri 64151 Northmoor, Missouri 64151
A copy of the agreement and any correspondence related thereto shall be provided to:
Dr. William R. Powell, Jr.
General Manager
REJIS Commission
5255 West Pine Street
St. Louis Missouri 63108
SECTION 12 - GOVERNING LAW. This agreement shall be governed by the laws of the State
of Missouri.
SECTION 13 - SEVERABILITY. If any one or more of the provisions contained in this
agreement shall for any reason be held to be invalid, illegal or unenforceable in any respect, such
invalidity, shall be construed as if such invalid, illegal or unenforceable provision had never been
contained herein.
SECTION 14 - FILED WITH SECRETARY OF STATE A copy of this intergovemmental
agreement and any amendments thereto shall be filed with the Missouri Secretary of State and in
the office of the recorder of deeds in Platte County, Missouri by the City Clerk of the City of
Riverside as required by Section 70.300 RSMo.
IN WITNESS WHEREOF, the parties have executed this Agreement the day and year
first above written.
CIT OF RIVERSIDE, 5���
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Attest: Ka leen L. Rose, Mayor
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='1�:�L--t_� ' ��i �` C � ,( .
City Clerk
CITY OF NORTHMOOR, MISSOURI
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Attest: Harlan Shaver, Mayor
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City Clerk