05-31-15

NORTH COUNTY

POLICE COOPERATIVE

THIS AGREEMENT, made and entered into this 1st day of June, 2015 by and between the City of

Vinita Park, Missouri (hereinafter referred to as Vinita Park) and the City of Wellston, Missouri

(hereinafter referred to as Wellston).

Article I - Police Services Provided ByVinita Park

1.1 Vinita Park, through members of its Police Department, agrees to provide to Wellston,

Routine Police Services as more fully described and defined in this agreement

1.2 The services provided for policing between Vinita Park and Wellston shall be referred to as

the "North County Police Cooperative". The "North County Police Cooperative" name is not

solely for the Vinita Park - Wellston agreement. It may include any other municipalities

that also contract with Vinita Park for routine police services.

1.3 Vinita Park will furnish Wellston all necessary Routine Police Services to enforce all Federal

and State laws insofar as the same come within the knowledge and notice of the members of

the Vinita Park Police Department "Routine Police Services" shall include, by way of

illustration and not of limitations, the following:

a) Vinita Park will provide police vehicle(s) clearly marked with the insignia of the "North

County Police Cooperative". Unless agreed upon otherwise, the police vehicles to be

used will come from Vinita Park's and Wellston's existing fleet of police vehicles. See

paragraph 3.3( d).

b) The service area of the North County Police Cooperative will be divided into two or

more precincts for patrol. Wellston will be included as one of the respective precincts.

Wellston City Hall facility will be utilized by officers assigned to the Wellston precinct.

c) Absent exigent circumstances, the Wellston precinct will have a minimum of three

highly visible patrol officers per eight hour shift (three shifts per day), seven days per

week, and 365 days per year. The number of patrol officers assigned per shift will be

increased for high call load times (weekends, evenings, etc ...). The increase in patrol

officers will be as deemed necessary by the Chief of Police, in consultation with the

Mayor of Wellston.

d) Wellston precinct will be divided into three separate sectors/zones for patrol; "A", "B",

"C". Up to 20 geographic codes will be used for the Wellston precinct to further refine

crime statistics and aid in determining the most efficient assignment of police personnel

and for routine and saturation patrol (hotspot policing).

e) Officers assigned to the Wellston precinct and any other Vinita Park precinct may assist

each other as necessary. If called upon to assist officers in the other precinct, assisting

officer( s) will complete their assignment with all due diligence and return to their

respective precinct in a timely manner.

f) As requested by Wellston, an enforcement program for radar patrol, manned or

unmanned, will be instituted and maintained.

g) Upon Wellston's request, Vinita Park will meet with Wellston at any mutually agreed

upon time, to discuss best practices, crime reports, and crime trends that mayor may

not affect how routine police service is delivered to Wellston.

h) Vinita Park will provide or cause to be provided police services for investigation and/or

prosecution of major cases and felonies. Vinita Park will assign one detective and one

Bureau of Criminal Investigations commander to the Wellston precinct. The Detective

will be assisted by any other detectives employed by Vinita Park

i) In order to maintain and develop relationships between the police, elected officials and

citizens of Wellston, Vinita Park will provide a Community Policing Commander

assigned directly to the Wellston precinct. This command officer will maintain an office

within the existing Wellston City Hall facility. Along with the Chief of Police, the

command officer will also be available to the Mayor of Wellston at all times.

j) If emergency police assistance is requested in the area, but outside the Wellston

precinct, Wellston Precinct officers may temporarily suspend patrol in the Wellston

precinct in order to provide assistance as needed. Wellston Precinct officers will make

every effort to limit the occasion and time spent providing emergency assistance

outside the Wellston precinct.

k) The Wellston Precinct officers may temporarily leave their precinct for normal patrol

functions such as but not limited to: meal breaks, restroom breaks, transport of

arrestees, investigation involving recent crimes within the Wellston precinct, fueling,

etc ...

1) Any and all other police services normally associated with policing a city such as

Wellston.

1.4 North County Police Cooperative officers will enforce all General Ordinances of Wellston as

prescribed by city ordinance. Vinita Park will meet with all officers prior to initiating this

agreement and provide orientation regarding Wellston's General Ordinances. These

ordinances will be provided to Vinita Park by Wellston, either in electronic or hard copy

format.

1.5 North County Police Cooperative officers will serve or cause to be served all summons

issued by Wellston and all warrants issued by the Municipal Judge of Wellston.

1.6 Vinita Park will require the attendance of any North County Police Cooperative officer at

any trial or court proceeding where the attendance of such person is necessary as a witness

in any matter pending before the Municipal Court of Wellston or other courts of St. Louis

County, Missouri or Federal Courts of the United States of America.

1.7 The Chief of Police of The Vinita Park Police Department of the North County Police

Cooperative, or duly authorized representative, shall attend, upon request, any meeting of

the Board of Aldermen for Wellston when sufficient time is given for preparation. The Chief

of Police understands the necessity to maintain open communication with Wellston and will

endeavor to further said communication whenever possible.

1.8 Vinita Park will maintain staffing levels in the North County Police Cooperative police

department consistent with the proposal given to Wellston in order to maintain adequate

coverage for both cities routine policing services.

1.9 As provided by Wellston, a police precinct station may be maintained within the existing

City Hall facility of Wellston. This station will be equipped with all necessary office supplies,

locker room and restroom facilities.

1.10 Vinita Park will provide snow removal services to Wellston. These services will be at no

additional charge. These services will be provided in the same manner as Vinita Park

provides to itself. If Wellston chooses to have salt spreading before or during snow

removal, Vinita Park will provide the service at no additional charge, however; the

purchasing of salt will be the responsibility of Wellston. It is expected that a minimum of 4

tons of salt will be used in Wellston during each instance of salt spreading. This amount

may increase as dictated by the severity of inclement weather. Wellston may dictate the

amount of salt spread by Vinita Park in advance of any inclement weather instance. Vinita

Park will endeavor to remain in contact with Wellston immediately prior to any inclement

weather occasion to coordinate salt spreading.

1.11 Vinita Park will provide street sweeping services to Wellston. These services will be

provided at no additional charge. Street sweeping services will be provided once monthly,

beginning April 1, 2015 and ending December 1, 2015. Vinita Park agrees to be responsible

for any and all liability arising from providing street sweeping services to Wellston, to

include but not limited to damage to the street sweeper. "Good condition" for purposes of

this paragraph shall mean the road will be free of any major potholes, the kind which could

cause damage to the street sweeper and only those areas which contain major potholes will

not be swept. The remainder of the road that is in "Good condition" shall be swept.

3.1

3.2

3.3

1.12 Vinita Park will waive all previous charges for snow removal/salt spreading for Wellston

performed by Vinita Park in Winter 2014/2015

ARTICLE 11-CITY OF WELLSTON

2.1 Wellston, through its public officials, jgrees to participate in this Agreement as more fully

described herein.

2.2 Any copies of Police Reports forwarded to the Police Commissioner/Mayor of Wellston shall

be provided in the capacity that such a person is the chieflaw enforcement officer of the

municipality and shall remain confidential. Any and all additional copies thereof shall be

acquired only through Vinita Park for the North County Police Cooperative or the Attorney

for Wellston.

2.3 Wellston will keep, or cause to be kept to the extent reasonably possible, all streets and

alleys free of snow to provide access for police vehicles solely for the purpose of assisting

The North County Police Cooperative in its response time to render police protection and

services. As previously stipulated, Vinita Park will provide snow removal and street

sweeping services to Wellston at no charge.

ARTICLE 111-CONTRACT TERM. FEES AND EXPENSES

The term of this agreement shall be thirty six (36) months. The service of this Agreement

shall commence on the 1st day of June, 2015, and shall remain in effect for thirty six (36)

consecutive months ending on the 31st day of May, 2018.

For Routine Police Services enumerated herein, Wellston agrees to pay Vinita Park a

monthly fee and reimburse Vinita Park for such expenses as shall be determined under this

Agreement.

IaJ During the first year of this agreement, the base fee for routine police services

shall be $610,000.00 per year payable in eleven (11) equal monthly installments of

$55,455.00. The first such ins1tallment shall be due and payable on August 1, 2015

with the remaining installments being due and payable on the Ist= day of each

succeeding month for (10) mJnths.

b) During the second year of this agreement, the base fee for routine police services

shall be $610,000.00 per year payable in equal monthly installments of $50,833.00.

The first such installment shall be due and payable on July 1, 2016 with the

remaining installments being due and payable on the 1stth day of each succeeding

month for (11) months.

During the third year of this Jreement. the base fee for routine police services

shall be $560,000.00 per year payable in equal monthly installments of $46,667.00.

The first such installment shalf be due and payable on July 1, 2017 with the

remaining installments being due and payable on the 1stth day of each succeeding

month for (11) months.

Upon execution of this Agree,ent, Vinita Park agrees to assume full ownership and

liability for paying off allioanl/leases/liabilities and insurance costs for the follow

of Wellston's police vehicles: 2014 Ford Taurus Police Interceptors (4),2014 FordI

Explorer Police Interceptor (lD and two (2) Ford Crown Victoria vehicles selectedI

from Wellston's existing fleet ty Vinita Park. Vinita Park is to pay Wellston the

remainder of any outstandinglloans/leases for the vehicles. Upon execution of this

agreement, the cost of these cars is not to exceed $100,000.00 and it will be paid to

either Wellston and! or the title/lien owner, at Wellston's discretion. A bill of sale

will be executed for each vehi~le upon execution of this Agreement.

Excluding the attendance of the Chief ~f Police. or his duly authorized representative as

provided in §1.7 hereof, Wellston agrees to reimburse to Vinita Park any authorizedI

overtime amount required for officer~s) to attend court sessions or Board of Aldermen

meetings on behalf of Wellston. Vinitr Park will provide a minimum of two police officers

for security purposes at every Wellston court session and Board of Aldermen meeting.

Whenever possible, on duty officers Jill be assigned for security in order to lessen overtime

cost.

ARTICLE IV- T ,RMS AND CONDITIONS

In accordance with state law, it is expressly understood that any duly appointed officer of

the Vinita Park Police Department for the North County Police Cooperative who enters

Wellston under the terms of this Agr~ement shall remain under the authority and

jurisdiction of the Chief of Police of The Vinita Park Police Department for the North County

Police Cooperative. The Chief of Polide and police officers will make every effort to assist

the Wellston Mayor and Board of Aldermen in taking steps to combat crime and furtherI

their community relationships.

3.4

4.1

4.2

c)

d)

It is expressly understood that all perfons arrested by any North County Police Cooperative

officer on behalf of Wellston shall either be held in The Vinita Park Police Department jail

and allowed to post bond or be turne? over to the St. Ann City Jail, or other nearby jail, and

admitted to bail in such manner as the City Jail shall prescribe. Nothing herein shall require

any officer to actually take into custodv any person accused of any traffic violation wherein,

at the discretion of the officer, a copy bf the charges will be sufficient to accomplish the

presence of the accused. Any expenses incurred for housing of prisoners shall be the

burden of Wellston. The North counJy Police Cooperative Wellston Precinct commander or

designee will inform the Police Comrrlissioner /Mayor of Wellston when a prisoner expense

is foreseeable and an effective plan tJ eliminate or lessen the expense upon Wellston will be

4.3

4.4

4.5

5.1

5.2

agreed to. This may include releasingja prisoner on a lowered bond or a personal

recognizance bond.

The City of Vinita Park, Missouri, agrees to indemnify and hold harmless Wellston, Missouri,

from any and all liabilities, lawsuits, expenses, costs and attorney's fees incurred related to

performance or non- performance of Routine Police Services provided by police officers of

The Vinita Park Police Department within the boundaries of Wellston. Missouri. including

but not limited to any negligent, mali10us or intentional acts whether unlawful or lawful.

The City of Vinita Park shall carry all forms of insurance that may be required, including but

not limited to, a public liability policy pffering minimum limits of$100,000/$800,000 for

bodily injury and $50,000 for property damage; and Police Professional Liability Insurance

in the amount of $500,000 per officer per occurrence.

In accordance with the non-discrimin~tOry ordinances of Vinita Park and in accordance

with the non-discriminatory ordinanoe of Wellston (Sec 2-10 of Wellston Code of

Ordinances), Vinita Park will not discfiminate against employees or applicants for

employment on the basis of race, religion, color, sex or national origin. Vinita Park agrees to

provide Wellston any records necessary for Wellston to monitor compliance of these

ordinances. IARTICLE V-TIME OF PERFORMANCE: TERMINATION

I

It is expressly understood and agreed that this Agreement cannot be immediately

terminated by either party during the first nine (9) consecutive months of the Term. except

upon a material breach of the Agree ent by either party with prior written notice thereof

provided to the breaching party. It is rther expressly understood and agreed that after

the first nine (9) months of the Term, the Agreement may be terminated with or without

cause, by either party with ninety (90 days prior written notice of such termination

delivered to the other party, either being the Mayor of the City of Vinita Park or the Mayor

of the City of Wellston. Any fees or eTenses due related to Routine Police Services or any

other services or costs described under this Agreement shall be adjusted on a prorated

basis. Termination of the Agreement rnder this paragraph does not absolve either party

of their responsibilities under this Agreement up until the stated termination

date. Paragraph 4.3 survives termina~ion.

This Agreement may be amended onJ by the written mutual consent of the parties. In the

event of any inconsistency between t~is Agreement and any other agreement between the

parties with respect to the subject mltter herein, this Agreement shall govern and control.

The various provisions of this Agree I ent shall be deemed to be separate and severable and

the invalidity or unenforceability of a y of them shall not affect or impair the validity or

enforceability of the remaining provisions, If any provision of this Agreement shall be

unenforceable in any jurisdiction, it shall be deemed modified to conform to the minimum

requirements of such jurisdiction without affecting the effectiveness of the provision in any

other jurisdiction. The failure of either party to enforce at any time any term or condition of

this Agreement shall not be construed to be a waiver of such term or condition, nor in any

way to affect the validity of this Agreement or any part hereof or the right of any party

thereafter to enforce each and every such term or condition. The parties do not intend that

any agency, joint venture or partnership relationship be created between them by this

Agreement. This Agreement shall be construed in accordance with the laws of the State of

Missouri. The jurisdiction for any cause of action under this Agreement will be in a court

located in St. Louis County and both parties agree to submit to this jurisdiction. This

Agreement is being executed in two or more counterpart, each of which shall be deemed an

original, but all of which together shall constitute one instrument.

IN TESTIMONYWHEREOF,the parties have hereunto caused these present to be

signed by their respective officers with seal affixed on the day first above written.

CITY OF WELLSTON, MISSOURI

By:~hJIL.NA~

MAYOR OF WELLSTON, MISSOURI