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HomeMy WebLinkAboutORD.3620.02-21-2006BILL NO. 06-18 ORDINANCE NO. .3(G,)C) AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE A SOUTHEAST MISSOURI BOMB TEAM AGREEMENT WITH THE CITY OF SIKESTON, MISSOURI, THE CITY OF POPLAR BLUFF, MISSOURI, AND THE CITY OF JACKSON, MISSOURI BE IT ORDAINED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU, MISSOURI, AS FOLLOWS: ARTICLE 1. The Mayor, for and on behalf of the City of Cape Girardeau, Missouri, is hereby authorized to execute a Southeast Missouri Bomb Team Agreement with the City of Sikeston, Missouri, the City of Poplar Bluff, Missouri, and the City of Jackson, Missouri. A copy of said Agreement is attached to this Ordinance and made a part hereof. ARTICLE 2. This ordinance shall be in full force and effect ten days after its passage and approval. PASSED AND APPROVED THIS ,�1 f DAY OF n , 44 05/4064� ay Knu tson, Mayor Page 1 of 1 Conrad, Gayle From: Conrad, Gayle Sent: Monday, October 16, 2006 4:21 PM To: 'mlowry@jacksonmo.org'; 'Karen Bailey' Subject: Bomb Team Agreement Karen and Mary: I have confirmed the following dates for approval of the Bomb Team Agreement: Jackson 3/6/06 Cape 2/21/06 Sikeston 8/29/05 Poplar Bluff 4/17/06 Since Bluff was the last to approve, I am going to date my agreement April 17, 2006. If you think it should be different, please let me know. Have a great week. Gayle Gayle L. Conrad, CMC, MRCC City Clerk City of Cape Girardeau P. O. Box 617 Cape Girardeau, MO 63702-0617 573-334-1212 gconrad cit ofca�egira_rdea_u__org 10/16/2006 � t SOUTHEAST MISSOURI BOMB TEAM AGREEMENT THIS SOUTHEAST MISSOUI2I BOMB TEAM AGREEMENT (this "Agreement") is made this l�7�'� day of_ re , 2006, by and among the CITY OF SIKESTON, Missouri, and the CITY OF CAPE GIRARDEAU, Missouri, and the CITY OF POPLAR BLUFF, Missouri, and the CITY OF JACKSON, Missouri, each of which is a political subdivision of the State of Missouri. RECITALS WHEREAS, the City of Sikeston has entered into an Agreement with the State of Missouri Emergency Management Agency (SEMA) for the purpose of providing response capability in the event of an Explosive/Bomb incident; and WHEREAS, the City of Sikeston has agreed to develop partnerships with other local and regional fire and law enforcement services; and WHEREAS, the Cities of Cape Girardeau, Poplar Bluff and Jackson have entered into an Agreement with the City of Sikeston whereby the City of Sikeston has assisted in decision-making regarding the purchase, use and allocation of equipment purchased through U.S. Department of Justice and SEMA funding and has otherwise assisted in furthering the objectives of the effort referred to by the parties as the Southeast Missouri Bomb Team; and WHEREAS, parties deem it desirable to enter into an intergovernmental agreement in order to advance the purposes of the Southeast Missouri Bomb Team and to form a joint board in order to supervise and manage joint planning, development and provision of services by the means and under the terms set forth herein; NOW, THEREFORE, for and in consideration of the premises hereinafter contained, the sufficiency of which is hereby acknowledged, the parties hereby agree as follows: ARTICLE I 1. Definitions. Unless the context otherwise specifically requires or indicates to the contrary, the following terms as used in this Agreement shall have the following meanings: "Cooperative Partner" means any political subdivision of the State of Missouri or any local law enforcement or fire protection agency serving in an advisory capacity 7 1�! !T ; P ,C, i7'�LT T' i'li i';. CT P��r,r-n«f�C._' .n,.: yy� i4 ,Kl '� +� }7,. ...�rtio � �`i� Cl� '�utlll,� Tl eClU1�UT11..T1� �?2a.. a� �:.. �, � _�:ilb .+.=i;.. .. i,�l.: . 2.:u .v ��a� i;c..�...5 t:,� this Agreement. "Gatekeeper" means the member of the joint board with the responsibility of applying for Department of Justice and other grant funding, whether from SEMA or any other source, in order to purchase equipment or provide other resources or training authorized by SEMA or by the Justice Department to be used in response to energetic material incidents. The Gatekeeper shall receive all funds, placing them in the care and safe-keeping of the City Finance Director and/or Treasurer. The Gatekeeper is responsible for keeping an accurate account of all receipts and expenditures of SEMO 2 Bomb Team and shall render a detailed accounting of the same to the joint board at its regular meetings. The Gatekeeper is responsible for all funds and equipment of the SEMO Bomb Team and shall keep a detailed inventory of such assets. The Gatekeeper member of the joint board shall apply or and be signatory to all grant and reimbursement applications and other documents submitted to SEMA. "Joint Board" means the executive board of the SEMO Bomb Team presently consisting of one representative and one alternate appointed by each of the chief executive officers of the City of Sikeston Department of Public Safety, the City of Cape Girardeau, the City of Poplar Bluff and the City of Jackson. "SEMO Bomb Team" means the joint board and corporation formed under Section 70.260, RSMo. "Special Equipment" is equipment whose use is generally limited to that of the member organization making such equipment available for equipment sharing for SEMO Bomb Team purposes. ARTICLE II 2. Creation of the SEMO Bomb Team Board. The parties to this Agreement hereby agree to establish a joint board which shall be a separate legal entity from the City of Sikeston, City of Poplar Bluff, City of Jackson and the City of Cape Girardeau, Missouri, respectively pursuant to Section 70.260, RSMo. The name of this entity shall be SEMO Bomb Team. The SEMO Bomb Team joint board shall be organized under the intergovernmental cooperation agreement statutes at Sections 70.210 through 70.325, RSMo. The principal office of SEMO Area Bomb Team shall be at a place determined from time to time by the joint boards. 3. Powers and duties of the Joint Board. Subject to the terms of this Agreement, the joint board shall have the following powers and duties, to be exercised exclusively on behalf of and for the benefit of the parties, for the provision and training of personnel, emergency response vehicles and equipment, mutual aid, and in order to carry out such activities as are reasonably necessary to achieve the objectives of SEMO Bomb Team: (i) To sue and be sued in its corporate name; (ii) To manage and hold any property, real or personal, simple or otherwise; (iii) To lease, lend, or otherwise transfer any property or interest in property owned by it; (iv) To enter into such agreements or execute such instruments as are necessary to carry out the foregoing; (v; To imple:Y:�nt all other duties pres�ribed to it by th?s Agreemert. 4. Organization of SEMO Bomb Team Joint Board. The powers and duties of SEMO Bomb Team shall be organized by a joint board consisting of the representatives appointed by the chief executive officers of the City of Sikeston, the City of Cape Girardeau, the City of Poplar Bluff, and the City of Jackson. a. The joint board shall have the power to select additional members who shall concurrently be required to become parties to this Agreement. 3 b. No member of the joint board shall receive compensation for services rendered other than compensation authorized by the political subdivision employing the board member. Each political subdivision represented by a joint board member shall retain responsibility for all personnel expenses incurred by that member in furtherance of the goals of SEMO Bomb Team. c. Majority required for decisions. Unless otherwise provided in the by-laws, all decisions of the joint board shall be determined by a simple majority of board members present at the meeting where such vote is taken. In order for a vote to be valid, a quorum of the members of the executive board must be present. A quorum shall consist of more than fifty percent of the members. d. Votes by alternates. In the event that any representative is not present, then the alternate from that member shall have all voting rights of the absent representative. 5. Powers and duties of the executive board. The executive board shall have the powers and duties set forth in Section 70.260, RSMo., as well as all powers and duties which executive boards may hereafter exercise by amendment of the SEMA statutes applicable to local disaster planning as set forth in Chapter 44, RSMo., or any other Missouri Statute, including but not limited to, the following: (i) To implement this Agreement; (ii) To manage equipment purchased by the Gatekeeper; (iii) To supervise and have charge of joint planning development, acquisition and services in order to respond to Energetic Material incidents; (iv) To provide for the powers and duties and specify other terms and provisions relating to the members of the joint board; (v) To accept other political subdivisions as members to the joint board; and (vi) To purchase equipment approved by SEMA and/or the United States Justice Department or any other funding state or federal governmental agency for disaster response. ARTICLE III 6. Gatekeeping and funding of SEMO Bomb Team. The City of Sikeston has performed the gatekeeper role for the Southeast Missouri Bomb Team. The City of Sikeston shall be the initial Gatekeeper for the joint board and shall apply for funding available thra�agh SEP✓1� for training, fcr t�e�ur�r.as., of equipment, ar��' fcr oth�: SEMA or Department of Justice approved purposes relating to the response objectives of SEMO Bomb Team. The Gatekeeper shall comply with all procedures which may be currently in effect or later instituted by SEMA or by applicable federal or Missouri statutes and regulations in applying for and tracking funding, obtaining reimbursement for purchases, and to ensure that expenditures are SEMA approved. The Gatekeeper shall comply with all audit and record-keeping requirements instituted by SEMA or the Department of 4 Justice. The Gatekeeper is authorized by the parties to this Agreement to execute and issue any and all documents and handle financial transactions necessary to fulfill its duties. 7. Gatekeeper withdrawal. In the event that the City of Sikeston is no longer willing or able to continue in its current Gatekeeper role, the City's representative on the joint board shall provide no less than thirty days' notice to all board members of the Gatekeeper's intent to resign. A new Gatekeeper shall be selected by two-thirds majority vote of the joint board. 8. Additional liability provisions. Each member entity shall maintain its own liability insurance covering the actions of its own employees. No member entity shall be liable for damages caused by the employee of another member entity. If for any reason any member entity is held liable for the actions of the employee of another member entity, the responsible member entity shall hold the other member entity harmless from any such liability. 9. Worker's compensation. Nothing contained in this Agreement shall be construed to make an employee of any member entity the employee of another member entity. Each member entity shall be solely responsible to provide worker's compensation insurance coverage and all other applicable employment salaries and benefits to its own employees. 10. In the event of default. In the event that a party to this Agreement fails to meet its obligations to SEMO Bomb Team, the party will forfeit any reimbursement owed to it or which may accrue in the future, as well as any rights or interest in any property owned or held by the joint board upon the dissolution of SEMO Bomb Team. ARTICLE IV Additional A�reements 1l. Projects. The parties hereby agree to conduct and participate in training necessary to ensure proficiency with equipment purchased by SEMO Bomb Team including fire and law enforcement personnel. 12. Further documents. The parties to this Agreement will execute and deliver all documents and perform all further acts that may be reasonably necessary to perform the obligations and consummate the transactions contemplated by this Agreement. 13. Wathdras�al. :�ny joint ��ard memh�r may �x�ith�rav:� fro:� participation in SEMO Bomb Team by resolution or ordinance of its governing body. If a joint board member withdraws from SEMO Bomb Team or is excluded from participation for cause, including, but not limited to, failure to obtain adequate training, the withdrawing member shall only be entitled to remove equipment donated by that political subdivision. The withdrawing member will automatically forfeit any rights to or interest in assets held by, or belonging to, SEMO Bomb Team. 5 Equipment donated by joint board members shall be specifically labeled and inventoried as property of that member political subdivision. Equipment purchased through federal and/or state emergency management agency funding or other grants shall not be subject to distribution among joint board members except in the event of final dissolution as provided in Paragraph 15. 14. Dissolution of SEMO Bomb Team. SEMO Bomb Team may be dissolved only upon a unanimous vote of the joint board or by resolution or ordinance of the governing body of each political subdivision represented on the joint board. The City of Sikeston shall serve as Trustee throughout the dissolution and winding-up process. The Trustee shall be responsible for returning any equipment purchased through SEMA or federal funding and property of SEMO Bomb Team to the state or federal granting agency where required by law. SEMO Bomb Team equipment which shall have become SEMO Bomb Team's permanent property shall be distributed among the joint board members as follows: (i) As determined by a unanimous vote of the members' representatives. (ii) In the event there fails to be a unanimous vote, then a maj ority of the members shall vote to appoint an arbitrator and the decision of the arbitrator shall be final. (iii) In the event the majority is unable to agree on an arbitrator, then the parties shall request the circuit court to appoint an arbitrator whose decision shall be final. In the event that the City of Sikeston fails or refuses to perform the duties of a trustee in dissolution, a receiver shall be appointed in order to dissolve SEMO Bomb Team and distribute its assets. 15. The parties to this Agreement each represent that they are political subdivisions of Missouri duly organized and validly existing under Missouri law and that each is duly authorized to execute and deliver this Agreement. Each party has all requisite authority to execute, deliver and perform its obligations under this Agreement, and is not party to any other contract or agreement, the performance of which would prevent or materially and adversely affect its individual performance under this Agreement. The execution and delivery of this Agreement by each of the parties and performance hereunder will not conflict with, result in a breach of, constitute a default under, or violate any terms, conditions or provisions of any ordinance, contract or other agreement to which the parties are bound or any applicable statute, regulation, order or judgment of any federal, state, county, or municipal governmental authority. AI2TIC�,E y 16. Remedies. In the event that any joint board member becomes incapable of fulfilling its obligations under this Agreement or fails to timely perform any covenants, agreements and provisions contained herein and continues to fail to perform for thirty days after written notice specifying the default has been delivered to the joint board member by SEMO Bomb Team, the SEMO Bomb Team may bring suit against the ti 6 member in default, may terminate the joint member's association with SEMO Bomb Team for cause, and may seek to enjoin any acts in violation of applicable state or federal law or this Agreement. The remedies in this Agreement are cumulative and in addition and not exclusive of other remedies now or hereafter existing at law and equity or created by statute. ARTICLE VI 17. Miscellaneous provisions. In the event any term or provision of this Agreement is held to be unenforceable by a court of competent jurisdiction, the remainder shall continue in full force and effect to the extent the remainder can be given effect without the invalid provision. 18. The parties agree that this Agreement constitutes the entire Agreement between the parties and that no other Agreements or representations other than those contained in this Agreement have been made by the parties. This Agreement shall be effective when signed by the authorized agents of the parties and shall be amended only by a writing signed by the authorized agents of the parties. No change or amendment which would adversely affect prompt reimbursement of the Gatekeeper or any other joint member by SEMA for equipment purchases and SEMO Bomb Team related expenditures shall be effective. 19. Waiver. Any waiver by any party of its rights under this Agreement must be in writing and will be limited to matters specifically addressed in the written waiver. 20. Third party beneficiaries. No persons other than SEMO Bomb Team and the political subdivisions party to this Agreement, their successors and assigns shall have any rights whatsoever under this Agreement. 21. This Agreement shall be taken and deemed to have been fully executed and made by the parties in and governed by the internal laws of the State of Missouri for all purposes and intents. 22. This Agreement shall remain in full force and effect from the time of passage by both parties. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed in their names by their duly authorized representatives the day and year first above written. CITY OF SIKESTON, MISSOURI BY� ��We /�'l.fQ�n�/� Mike Marshall, Mayor ATTEST: Carroll Couc , City Clerk � CITY OF CAP IRA D AU, M SSOURI By: dtson, Mayor ATTEST: �:� '� i. ) t �V 1 �,t �'- ��l� C�l l, Gayle nrad, City Clerk CITY OF POPLAR BLUFF, MISSOURI By: c 1 } � Bett Absheer, Mayor A TEST: ��t - Pamela S. Kearbey, City Clerk ,, CITY O�JA SON, M OURI By: Paul Sander, Mayor ATTEST: w�-' �,d;,ti ���,,,�����,e���,�,,�� . Mary Lo�a�ity Cle \\�����y OF��AC/fSo`,,��,' — � c,;• •.2 ; . • . � _ . ,or :c-�. • =-�'a:���:�� z�• •�'� • '� . '��G'�•� �. <,�. '� '••..•• � <:�' .,�qR� �o ti� �����i�i EA�U����,,�'