BILL NO. 0277 ORDINANCE NO. 04-06

AN ORDINANCE AUTHORIZING A CONTRACT WITH THE CITY OF BALLWIN, MISSOURI, FOR RENDITION OF POLICE SERVICES AND AUTHORIZING AND DIRECTING THE MAYOR AND THE CITY CLERK TO EXECUTE SAME ON BEHALF OF THE CITY OF CLARKSON VALLEY.

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WHEREAS, under the provisions of Sections 70.210 - 70.320, inclusive, RSMo. 1986, as amended, political subdivisions, including the City of Ballwin, are empowered and authorized to contract and cooperate with other political subdivisions for a common service; and

WHEREAS, the City of Clarkson Valley, Missouri, is a political subdivision and desires police protection services, including the enforcement of its ordinances, from and by the Ballwin Police Department; and

WHEREAS, the City of Ballwin has the ability and is willing to provide such police protection services:

BE IT ORDAINED BY THE BOARD OF ALDERMEN OF THE CITY OF CLARKSON VALLEY, ST. LOUIS COUNTY, MISSOURI, AS FOLLOWS:

Section 1: There is hereby approved a contract with the City of Ballwin, Missouri, for the providing of certain police services, including the enforcement of the City Ordinances by the Ballwin Police Department of the City of Ballwin, Missouri, in accordance with the provisions and specifications contained in the contract negotiated by the City of Clarkson Valley and the City of Ballwin and said contract shall be substantially in form as shown in Exhibit "A" attached hereto and made a part of this ordinance.

Section 2: This contract for police services shall be for a term of five years commencing July 1, 2004 (retro-active), and terminating on June 30, 2009, unless sooner terminated by either party giving not less than thirty (30) days written notice of termination prior to the end of any calendar year during the term of the agreement or as otherwise provided in the agreement for termination.

SECTION 3: The cost of the contract (retro-active) for police services during this contract commencing July 1, 2004, shall be Twenty-Nine Thousand, Four Hundred, Eighty-Three Dollars ($29,483.00) on the 1st day of each month.

SECTION 4: The Mayor and the City Clerk are hereby authorized and directed to execute said contract on behalf of the City of Clarkson Valley.

SECTION 5: This Ordinance shall be in full force and effect from and after its passage and approval as provided by law.

PRESENTED, APPROVED AND PASSED BY A MAJORITY OF THE BOARD OF ALDERMEN this 13th day of July 2004.

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Scott Douglass

Mayor

City of Clarkson Valley

PRESENTED BUT RETURNED this 13th day of July 2004.

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Scott Douglass

Mayor

City of Clarkson Valley

ATTEST:

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City Clerk

Exhibit A

POLICE SERVICE AGREEMENT

This Agreement made and entered into by and between the City of Clarkson Valley, a municipal corporation of the State of Missouri, hereinafter referred to as “CLARKSON VALLEY,” and the City of Ballwin, a municipal corporation of the State of Missouri, hereinafter referred to as “BALLWIN;” collectively hereinafter referred to as “Parties.”

WHEREAS, the provisions of §§ 70.210 – 70.320, inclusive RSMo 1986 empower municipalities to contract and cooperate with each other for a common service; and

WHEREAS, CLARKSON VALLEY desires police protection, including the enforcement of its ordinances, from BALLWIN; and

WHEREAS, BALLWIN has the ability to provide said police protection; and

WHEREAS, CLARKSON VALLEY has duly enacted and approved Ordinance No.04-06, a certified copy of which is attached hereto and made a part hereof, authorizing its Mayor to execute this Agreement and to appoint any and all police officers of the Department of Police of Ballwin, designated by the BALLWIN Chief of Police, as police officers of CLARKSON VALLEY; and

WHEREAS, BALLWIN has duly enacted and approved Ordinance No. 04-06, a certified copy of which is attached hereto and made a part hereof, authorizing its Mayor to execute this Agreement.

NOW, THEREFORE, IT IS AGREED BY AND BETWEEN CLARKSON VALLEY AND BALLWIN AS FOLLOWS:

BALLWIN shall provide continuous twenty-four (24) hour-per-day, seven (7) day-per-week police protection for CLARKSON VALLEY, and its police officers shall have such police powers as are provided in Section 85.610-85.620 RSMo while performing police services under the terms of this Agreement, including answering all calls for service and Emergency Disaster Planning, follow-up investigations on crimes, incidents and traffic accidents, and enforcing the ordinances of CLARKSON VALLEY, except the Zoning Ordinance, Building Plumbing and Electrical Codes and other technical codes. Said police protection will include not less than 20 to 21 hours of police cruising patrol per day within CLARKSON VALLEY.
The police protection to be provided herein and pursuant to this Agreement shall be of the same caliber as the police protection provided by BALLWIN Police Department for its own city, but not less than as is specified in paragraph 1 above.
All communications, including dispatching, shall be handled by the BALLWIN Police Department unless alternate arrangements are approved in writing by both Parties.
BALLWIN Police personnel shall appear in the Circuit Court, St. Louis County, or the Municipal Court handling CLARKSON VALLEY matters, to testify in any cases involving crimes committed in the City of CLARKSON VALLEY. This shall pertain to all Misdemeanor, Felony, and Traffic Cases. A representative of the Police Department will attend the CLARKSON VALLEY Board of Alderman meetings or other sessions if requested.
All police paperwork, including reports to be filed with any governmental agency, shall be filed by the BALLWIN Police Department. A monthly report of all police activities in CLARKSON VALLEY for the preceding month shall be submitted to the Board of Alderman and the City Clerk of CLARKSON VALLEY by the Chief of Police prior to the first Tuesday of the following month. Additional reports will be prepared by BALLWIN as requested by CLARKSON VALLEY on a reasonable and timely basis.
Any official complaints from CLARKSON VALLEY involving either an individual police officer or the type of police protection provided by the BALLWIN Police Department involving CLARKSON VALLEY shall be forwarded in writing from the Mayor of CLARKSON VALLEY to the BALLWIN Chief of Police. All such complaints will be recognized and handled in this manner only, but this shall not preclude a resident of CLARKSON VALLEY from directly contacting the BALLWIN Police Department. Communications shall be made by the BALLWIN Chief of Police as to the final disposition of all such complaints within a reasonable time. If a complaint cannot be resolved by the BALLWIN Chief of Police, then it will be referred to the BALLWIN City Administrator, and if not resolved at this level, the two Mayors shall attempt to resolve it.
The Parties hereto agree that the police officers and other personnel providing the aforesaid police services for CLARKSON VALLEY are employees of BALLWIN only and nothing herein contained shall be construed to create an employer-employee relationship of these individuals with CLARKSON VALLEY.
CLARKSON VALLEY shall pay BALLWIN for municipal police services in monthly payments of Twenty-Nine Thousand, Four Hundred, Eighty-Three Dollars ($29,483.00) per month. For subsequent years the formula will be based on the following schedule:

INSERT BALLWIN SCHEDULE

CLARKSON VALLEY agrees to indemnify and hold harmless BALLWIN and its Mayor, members of the Board of Aldermen, City Administrator, and the Chief of Police from and against all claims, damages, losses, and expenses, including reasonable attorney’s fees arising from any act or omission to act by any official, employee, agent, or representative of CLARKSON VALLEY.

BALLWIN agrees to indemnify and hold harmless CLARKSON VALLEY and its Mayor, members of the Board of Aldermen, and the City Clerk from and against all claims, damages, losses, and expenses, including reasonable attorney’s fees arising from any act or omission to act by any official, employee, agent, or representative of BALLWIN.

Irrespective of any other provision herein, BALLWIN shall at all times be solely responsible for the performance of all actions by its police officers in the line of duty. BALLWIN shall at all times maintain an insurance policy providing Two Million Dollars ($2,000,000.00) coverage. BALLWIN shall cause to be furnished to CLARKSON VALLEY a copy of its police liability policy, and any lapse in said police liability policy shall be cause for immediate termination of this Agreement at the option of CLARKSON VALLEY.

IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be signed as of the 13th day of July 2004.

CITY OF CLARKSON VALLEY

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Scott Douglass, Mayor

ATTEST:

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Michele McMahon, City Clerk

CITY OF BALLWIN

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Robert Jones, Mayor

ATTEST:

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Robert Kuntz, City Administrator