Commission Minutes

OFFICIAL
COMMISSION MINUTES
AUGUST 28th, 2018 9th DAY OF
THE JULY ADJOURN TERM

PRELIMINARY STUDY
None.

PUBLIC COMMENT
None.

CALL TO ORDER
Presiding Commissioner Scofield called the Commission meeting to order at 1:32 p.m.

FORMAL AGENDA
The County Commission met in the Commission Hearing Room with Mike Scofield (present),
Brandon Williams (present), and Sheila Wyatt (absent).

COMMISSION REMARKS
None.

APPROVE ACCOUNTS PAYABLE
Commissioner Williams moved to approve Checks #451277 thru #451350, Warrants #7049, and
4 Journal Entries/Transfers. Presiding Commissioner Scofield seconded the motion. The motion
passed by vote: Scofield (aye), Williams (aye), and Wyatt (absent).

APPROVAL OF PREVIOUS MEETING MINUTES
Commissioner Williams moved to approve Executive Session Minutes dated August 20th, 2018.
Presiding Commissioner Scofield seconded the motion. The motion passed by vote: Scofield
(aye), Williams (aye), and Wyatt (absent).

Commissioner Williams moved to approve Previous Regular Session Minutes dated August 20th,
2018. Presiding Commissioner Scofield seconded the motion. The motion passed by vote:
Scofield (aye), Williams (aye), and Wyatt (absent).

BID RECOMMENDATION FOR ROOF REPAIRS (HAIL DAMAGE) RFB #201808-415
Ron Erickson, Taney County Purchasing Agent, and Scott Terpening, Maintenance, appeared
before the Commission to speak on this bid. There was only one response back and that was
Advantage Roofing o f W alnut Grove Missouri.

Commissioner Williams moved to award bid #201808-415 to Advantage Roofing o f Walnut
Grove Missouri. Presiding Commissioner Scofield seconded the motion. The motion passed by
vote: Scofield (aye), Williams (aye), and Wyatt (absent).

INSURANCE UPDATE AND PROPERTY VALUES WITH OLLIS/AKERS/ARNEY
Jeff Chronister and Derek Richardson o f Ollis/Akers/Amey appeared before the Commission to
speak on insurance updates with regards to property values. Mr. Chronister stated there appears
to be some properties that are over insured while others are under insured. Dawn Muller will
work with Ollis/Akers/Amey to help update the properties.

OLLIS/AKERS/ARNEY CLAIMS REVIEW AND RENEWAL PLANNING
John Akers appeared before the Commission to speak on Claims Review and Renewal Planning
concerning Taney County.

LIBERTY UTILITIES - CULTURAL RESOURCES SURVEY (CONSENT TO ENTRY)
#18-095CM
Presiding Commissioner Scofield read a letter from Taney County Attorney Travis Elliott dated
August 8th, 2018 which stated that he reviewed the consent for entry and approves all except one.

Commissioner Williams moved to approve the request for consent to entry by Liberty Utilities
for parcel #04-8.0-34-001-006-047.004 labeled as the Canning Factory Lot as well as parcel #17-

Presiding C om m issioner/^^?/; Eastern Commissioner-—U ;)Western Commissioner " O Q
4.0-18-002-002-040.001 known as Acacia Club Road, and parcel #04-4.0-18-003-002-016.000
known as Mohawk Lane. Presiding Commissioner Scofield seconded the motion. The motion
passed by vote: Scofield (aye), Williams (aye), and Wyatt (absent).

INTERGOVERNMENTAL AGREEMENT - AIRPORT - WESTERN TANEY COUNTY
FIRE PROTECTION DISTRICT #18-084CM
Chris Bemdt with Western Taney County Fire Protection District and Mike Mulnik, Airport
Director, came before the Commission to speak on behalf o f the Intergovernmental Agreement.

Presiding Commissioner Scofield read a letter from Taney County Attorney Travis Elliott dated
August 22nd, 2018 which stated that he drafted the Intergovernmental Agreement between Taney
County and the Western Taney County Fire Protection District in order for the district to provide
fire protection for the life safety services to the M. Graham Clark Field Taney County Regional
Airport.

INTERGO V ERN M EN TA L AG REEM ENT 2. Score and Intent o f Ayrcemcnt. H ie parties agree that the scopc o f this
Agreement may include the District providing assistance to the County in responding to lircs,
TIIIS AGREEMENT is made and entered into th is2 ^"ila y o f August. 2018, by nnd medical emergencies, hazardous materials incidents, rescue and extrication situations, and other
between Taney County, Missouri, a county o f the first classification (•County"), nnd Western types o f emergency situations at the Airport (“ Fire Protection and Life Safety Services").
Tnncy County Fire Protection District, a Chapter 3 2 1 fire protection district (“District").
3. Construction o f New Facilities: Code. County agrees that during the term o f this
WITNESSETH: Agreem ent with respect to the construction o f new facilities at the Airport. County will follow
nnd adhere to the requirements o f all fire code provisions duly adopted by the District with
WHEREAS, Taney County, Missouri (“County") is n county o f the first classification; respect to facilities located at the Airport.
and
4. District Use o f Airoort Facilities. In consideration for the District's provision of
WHEREAS, Western Taney County Fire Protection District C'District” ) is a Chapter
Fire Protection nnd Life Safety Services to the Airport, the County agrees to the following:
321 fire protection district; and
a. The District may utilize meeting rooms located at the Airport terminal when
WHEREAS, the County has operated the Graham Clark Field - Tnncy County
needed and as available;
Regional Airport ("Airport") on a continuous basis sincc August 1 ,2005; and

WHEREAS, section 70.220, RSMo, permits political subdivisions to contract and b. The District may utilize the Airport parking lot for occasional training
cooperate with one another for the planning, development, construction, acquisition or exercises involving Fire Protection nnd Life Safety Services nnd other
operation o f any public improvement or facility or common service; nnd emergency services. The use of the parking lot shall be limited so tlmt the
use docs not obstruct or interfere with the operation o f the Airport or its
WHEREAS, the Airport is not located within the geographical boundaries o f llie tenants. Any use shall be at the sole discretion o f the Airport Manager,
District, but the District has a fire station located nnd adjoining the Airport; and however, permission to utilize the parking lot for these purposes shall not be
unreasonably withheld.
WHEREAS, the parlies desire to continue nnd improve the nature nnd coordination of
emergency assistance to incidents that threaten the loss o f life or property and to enter into this 5. Other Agreements. Nothing contained in this Agreement shall be construed to
agreement in order for the District to provide for aid to the County to respond to fire, hazardous limit the ability o f any o r all o f the parties from agreeing to contracts for services, mutual
materials, rescue and extrication and other related emergencies occurring at the Airport ("Fire assistance, or automatic response; nor shall this Agreement prohibit any party from providing
Protection and Life Safety Services"); emergency assistance to another jurisdiction that is not n participant to this Agreement.

WHEREAS, the District lias provided Fire Protection and Life Safety Services by 6- Liability. To the extent permitted by law, and without waiving either parties’
intergovernmental agreement sincc August 1,2005, and the District and County desire to enter sovereign, official, or governmental immunity, each party to this Agreement shall be
into a new intergovernmental agreement in order for the District to provide for continuing Fire responsible for the respective parties' own liability, loss, expense, attorneys' fees, or claim s for
Protection and Life Safety Services to the Airport; and injury or damages arising out o f the perform ance o f this Agreement, but only in proportion to
nnd to the extent such liability, loss, expense, attorneys’ fees, o r claim s for injury or damages
NOW, THEREFORE, in consideration o f the mutual promises contained herein, the urc caused by o r result from the negligent or intentional acts or omissions o f the respective
parties agree as follows: party, and its officers, agents, or employees.

I. Term. This Agreement shall be effective as o f the effective date set forth herein, 7. Compensation. This Agreement shall not create any obligation on cither party
and shall continue to the earlier of: (a) December 3 1. 2027; (b) pursuant to §321.300, RSMo., to pay compensation to the other party for any costs, expenses or services incurred in
the County petitions the District for the real estate comprised o f the Airport to be included performing the provisions o f this Agreement.
within the geographical boundaries o f the District and the petition is granted by the District and
the Airport is included in the District by order o f the court; (c) term ination by mutual 8. Hazardous Substances. In the event o f a hazardous substance release, the party
agreement o f the parties; (d) the parties enter into a subsequent agreement tliat supersedes this having jurisdiction shall bill the person having control over the substance for the reasonable
Agreement; o r (c) term ination o f this Agreement by either party upon thirty (30) days advance and necessary costs incurred while securing an emergency situation or cleaning up any
written notice. hazardous substances, including materials and supplies used to secure the emergency situation

and contractual services, but excluding the cost o f normal services, pursuant to Section
260.546, RSMo.

9. No Partnership: Joint Venture. This Agreement shall not be construed to create,
and nothing contained in this Agreement shall crcatc. any partnership, joint venture, or similar W E ST E R N T A N E Y CO U NTY FIR E P RO T EC T IO N D IST R IC T
arrangement among the parties hereto.

10. Assignment. This Agreement may not be assigned by either party. The parties
do not intend to confer and this Agreement shall not be construed or deemed to confer any David Waters, President WTCFPD
rights or benefits to any person or entity other

11. Superseding Effect. The parties agree that this Agreement supersedes any
previous mutual aid agreement between any o f the parties hereto.
C O U N TY O F T A N E Y
12. Insurance. The Parties shall not be responsible for providing any insurance
coverage for the benefit o f the other party to this Agreement, or their personnel or equipment.

Mike Scofield
13. Legal Authority. All personnel of any party performing under this Agreement
Taney County Pressing Commissioner
shall have such legal authority to perform the assigned duties as that party has in its
jurisdiction.

14. Equipment and Personnel. The District shall be responsible for adequately
equipping and training all personnel responding to any request for aid or assistance to provide
ATTEST: 0 f o t M L
Fire Protection and Life Safety Services. All personnel provided in response to any such
Donna Neeley. Tdney CounwCTerk
request shall be duly certified to provide the level o f emergency services commensurate w ith
the rank and duties assigned to such personnel by the District.

15. N o Benefit to Third Parties. This agreement shall not be construed as an
Agreement for the benefit o f any third party.

16. Approval. Prior to entering into this Agreement the Parties have taken all steps
neccssary to obtain approval o f their respective agency and as o f the date o f execution have the
authority necessary to enter into this Agreement.

IN W IT N E S S W H EREO F, this Agreement is dated the year and date first above written

Commissioner Williams moved to approve the Intergovernmental Agreement by and between
Taney County and Western Taney County Fire Protection District. Presiding Commissioner
Scofield seconded the motion. The motion passed by vote: Scofield (aye), Williams (aye), and
Wyatt (absent).

DAVIS AVIATION LEASE AGREEMENT 2018-2021 #18-106CM
Mike Mulnik, Airport Director, came before the Commission to speak on behalf o f the Lease
Agreement.

Presiding C o m m is sio n e r/^ ^ /; Eastern Commissioner ^ Western Commissioner
 LEA SE A G R E E M E N T
T IIIS A G REEM EN T made and entered Into this
2Q15. by nnd between live Toney County Commission on behalf ofTnncy CounrjrM issouri.
hereinafter rcretTcd to as "County." nnd l)»vi« Avlntl»n. Inc.. a Minnesota corporation in good
standing, hereinafter referred to as “ Lessee".

W HEREAS. Taney County. Missouri is the owner ofTnncy County Airport (hcrcinnfte
referred to as "Airport"), located In the County ofTnncy. State o f Missouri: and

W IIEHEA S. County has space available for the operation o f n helicopter tour and
charter operation and said tour and chartcr operation is u benefit to flic community, nnd

W HEREA S. Lessee is desirous o f securing and entering into an agreement (hereinafter
referred to as “Agreement") for space at the uirport so that it can provide tour and charter
services to tile general public; LESSOR:
NOW TH E R E FO R E , the parties hereto, for and in consideration o f the covenants and
agreements hereinafter contained to be kept and performed and the consideration to be paid to TANEY COUNTY. MISSOURI
County by Lessee, do agree us follows:

LEASED PR EM ISES, T E R M . RENTAL
Mike Scolicld. Presiding Commissior
T hat in consideration o f the covenants and agreements herein contained on the part of Taney County Comm*
the Lessee to be observed nnd perform ed, the Lessor docs hereby lease and demise unto the P.O. Box 1086
Lessee and the I-cssec docs hereby take, lease and hire from tlic Lessor the premises which Forsyth. Missouri 65653
consists o f certain space at the Taney County Airport/M. Graham Clark Airfield, located ut
Point Lookout. Taney County. Missouri, said premises more particularly described as follows:

Building, including rooms and facilities within the building, located on tlic cast end of
Taney County Airport nnd just south o f Taxi way 0.

County reserves to itself use o f a portion o f the storage spacc located on the cast side o f
said leased building, where there is currently stored airport runway and laxlw ay lighting
regulators and otlter County equipment.

Parking space for additional aircraft associated with Lessee's business operations for
short periods o f time shall not be denied, and said parking is permitted only In the space I certify that based on my information and belief, this contract complies with the requirements
immediately north o f the leased building. o f all applicable laws and that il is in the best interest o f the citizens of Taney County.

I-essor shall also provide parking spaccs for Lessee's employee's automobiles in
currently existing parking lot spaccs in parking lot adjacent to the premise.

To have nnd to hold unto the Lessee. its successors nnd assigns, for the term o f three (3)
yenrs commencing the I" dny o f September. 2U1U. and ending on the 31** day o f AUiUU).

Commissioner Williams moved to approve the agreement by and between Taney County and
Davis Aviation. Presiding Commissioner Scofield seconded the motion. The motion passed by
vote: Scofield (aye), Williams (aye), and Wyatt (absent).

INTERGOVERNMENTAL AGREEMENT FOR USE OF SHOOTING RANGE #18-078S
CITY OF BRANSON
CITY OF HOLLISTER
STATE OF MISSOURI, DIVISION OF CORRECTIONS, P&P OFFICE
(BRANSON)

IN TE R G O V E R N M E N TA I. CO O P E R A TIV E A G H E EM ES 1
a breach o f this Agreement shall be solely and exclusively in the Circuit Court of Taney County,
THIS AOREEMENT. made and entered into on thisZSTiLy o f August, 2018 (“ Effective Missouri.
Date"), by and between Taney County, Missouri (“County"), a county o f the first classification
nnd the City o f Branson, Missouri ("City").
2 1. Authority. The panics represent and warranty that all actions necessary in order to
WHEREAS, section 70.220, RSMo, permits political subdivisions to contract and create a legal, valid, and binding agreement between the parties have been taken.
cooperate with one another for the planning, development, construction, acquisition or operation
o f any public improvement or facility or common scrvice; and
IN W IT N ESS W HEREOF, the parties hereto have caused this Agreement to be executed
WHEREAS, the County owns nnd operates a shooting range, located al 255 Critter Trail. by their representative officers or officials.
Hollister, Missouri ("Range"), for the use o f performing training exercises and firearms practice
and qualifications for law enforcement officers; and
T H E C IT Y O F B R A N S O N T A N E Y C O U N T Y . M IS S O U R I
WHEREAS, the City desires lo utilize the Range for tlic performance o f training exercises
and firearms practice and qualifications for law enforcement officers; and

WHEREAS, the County and City desire to set forth the terms and conditions o f the use of
By: K A R E N BEST
22h
By: M IK E SC O FIE L D
the Range by City; and
M AYOR P R E SID IN G C O M M ISSIO N E R
NOW. THEREFORE, in consideration o f the mutual promises and covenants set forth
herein, the parlies agree as follows:

1. Use o f Rnni-c. County agrees to permit use o f the Range by the City, and its
Commissioned Law Enforcement Officers. subject lo the terms and conditions o f this Agreement,
for the purposes o f performing training exercises, and firearms practice and qualifications, and for
no other purposes without the express written consent o f County, which consent may be withheld
in the sole discretion o f County. City acknowledges that other local and state government entities
utilize the Range pursuant to other Intergovernmental Cooperative Agreements, and the use of tlic D O N N A N E E fE ;
Range is subject to availability and scheduling the use o f the Range based on the parties to this T A N E Y C O U N T Y CLE1
Agreement as well us the parties to the other Intergovernmental Cooperative Agreements relating
to use of the Range. The City acknowledges and agrees that this Agreement docs not constitute a
license for the exclusive use o f any portion o f the Range by City, or its officers, ogcnts. or
employees. City acknowledges and agrees that this Agreement does not constitute a lease or other
interest in the real property on which the Range is located, and that by the use or occupancy o f the
Range, neither the City, nor its officers, agents, or employees hnvc acquired and will not acquire
any rights or interest in or to the Range, nor slull the City obtain any right or claim to the continued
use o f the Range beyond that specifically provided for in this Agreement.

2. Term. The term o f this Agreement shall be from the cflcctivc date set forth above
and shall run for a period o f one ( I) year. The term o f this Agreement may be extended by the
parties, at the option o f the parties, for additional periods o f one ( I) year.

Commissioner Williams moved to approve the Intergovernmental Agreement by and between
Taney County and the City o f Branson. Presiding Commissioner Scofield seconded the motion.
The motion passed by vote: Scofield (aye), Williams (aye), and Wyatt (absent).

— No IM7IS

INTERGOVERNMENTAL CO O PERATIV E AGREEMENT
a breach o f this Agreement shall be solely and exclusively in the Circuit Court o f Taney County.
THIS AOREEMENT. made and entered into on this2^*day o f August. 2018 (“Effective Missouri.
Date"), by and between Taney County. Missouri (“County"), a county o f the first classification
and the City o f Hollister, Missouri (“City").
21. Authority. The parties represent and warranty that all actions necessary in order to
WHEREAS, section 70.220, RSMo, permits political subdivisions to contract and rcatc a legal, valid, and binding agreement between the parties have been taken.
cooperate with one another for the planning, development, construction, acquisition or operation
o f any public improvement or facility or common service; and IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed
by their representative officers or officials.
WHEREAS, the County owns and operates a shooting range, located at 255 Critter Trail,
Hollister, Missouri (“Range"), for the use o f performing training exercises and firearms practice
and qualifications for law enforcement officers; and T H E CIT Y O F HOLLISTER TANEY COUNTY, MISSOURI

WHEREAS, the City desires to utilize the Range for tlic performance o f training exercises
and firearms practice and qualifications for law enforcement officers; and
/yyfaf 9 »$]
WHEREAS, the County and City desire to set forth the terms and conditions o f the use of By: DAVID G. TATE By: M(KESCOFIELI j /
the Range by City, and MAYOR PRESIDING COMMISSIONER

NOW, THEREFORE, in consideration o f the mutual promises and covenants set forth ATTEST: ATTEST:
herein, the parties agree as follows:

1. Use o f Ranee. Countv acrces to permit use o f the Ranee bv the Citv. and its
Commissioned Law Enforcement Officers, subject to the terms and conditions o f this Agreement,
for the purposes o f performing training exercises, and firearms practice and qualifications, and for
no other purposes without the express written consent o f County, which conscnt may be withheld
/lu Z -w
in the sole discretion of County. City acknowledges that other local und state government entities
CITY CLERK DONNA NEELEY / /f
utilize the Range pursuant to other Intergovernmental Cooperative Agreements, and the use o f the TANEY C O U N T Y C L E R K ^
Range is subjcct to availability and scheduling the use o f the Range based on the parties to this
Agreement as well os the parties to the other Intergovernmental Cooperative Agreements relating
to use o f the Range. The City acknowledges and agrees that this Agreement docs not constitute a
license for the exclusive use o f any portion o f the Range by City, or its officers, agents, or
employees. City acknowledges and ogrccs tlrnt this Agreement does not constitute a lease or other
interest in the real property on which the Range is located, and that by the use or occupancy o f the
Range, neither the City, nor its officers, ogcnts, or employees Imve acquired and will not acquire
any rights or interest in or to the Range, nor shall the City obtain any right or claim to the continued
use o f the Range beyond tliat specifically provided for in this Agreement.

2. Term. The term o f this Agreement shall be from the effective date set forth above
and shall run for a period o f one (1) year. The term o f this Agreement may be extended by the
rvirlir* nl ih r nntinn o f ih r nrnlirs for ndditinnnl nrriml* o f nnr Ml vrnr

305
Presiding Commissioners ^ ; Eastern Commissioner ^ ( \ j Western Commissioner - A j
Commissioner Williams moved to approve the Intergovernmental Agreement by and between
Taney County and the City o f Hollister. Presiding Commissioner Scofield seconded the motion.
The motion passed by vote: Scofield (aye), Williams (aye), and Wyatt (absent).
Xa IS-Q7SS

l > T F. R g a Y E M ^ l F J n ,A I. C O P P E « A T lv i; A g R S g M F .y .T
a breach of this Agreement shall be solely and exclusively in the Circuit Court o f Taney County,
THIS AGREEMENT, made and entered into on this ffi^d a y o f August. 2018 (“EITcctivc Missouri.
Date"), by and between Taney County. Missouri (“County"), a county o f the first classification
and the State o f Missouri. Division o f Corrections, Probation & Parole (Branson Office) ("State”). 21. Authority. The parties represent and warranty that all actions necessary in order to
WHEREAS, scction 70.220, RSMo, permits political subdivisions to contract and create a legal, valid, and binding agreement between the parties have been taken.
cooperate with one another for the planning, development, construction, acquisition or operation
o f any public improvement or facility or common service; and IN W ITNESS W HEREOF, the parties hereto have caused this Agreement to be executed
by their representative officers or officials.
WHEREAS, the County owns and operates a shooting range, located at 255 Critter Trail.
Hollister. Missouri ("Range"), for the use o f performing training exercises and firearms practice
and qualifications for law enforcement officers; and S T A T E O F M IS S O U R I T A N E Y C O U N T Y , M IS S O U R I
D IV ISIO N OF C O RR EC TIO N S
WHEREAS, the State desires to utilize tlic Range for the performance o f training exercises P RO BATION & PARO LE
and firearms practice and qualifications for law enforcement officers; and

WHEREAS, the County and State desire to set forth the terms and conditions o f the use o f
the Range by State; and

NOW, THEREFORE, in consideration o f the mutual promises and covenants set forth
herein, the parties agree as follows:

1. t.'sc of Ranuc. County agrees to permit use o f the Range by the State, and its
Commissioned Law Enforcement Officers, subject to the terms and conditions o f this Agreement,
for the purposes o f performing training exercises, and firearms practice and qualifications, und for
no other purposes without the express written consent o f County, which consent may be withheld
in the sole discretion o f County. State acknowledges that other local and state government entities
utilize the Range pursuant to other Intergovernmental Cooperative Agreements, and the use o f the
Range is subject to nvailability and scheduling the use o f the Range based on the parties to this
Agreement as well as the parties to the other Intergovernmental Cooperative Agreements relating
to use o f the Range. Tltc State acknowledges and agrees that this Agreement docs not constitute
a license for the exclusive use o f any portion o f the Range by State, or its officers, agents, or
employees. State acknowledges and agrees that this Agreement docs not constitute a lease or other
interest in the real property on w hich the Range is located, and tlrnt by the use or occupancy o f the
Range, neither the State, nor its officers, agents, or employees have acquired and will not acquire
any rights or interest in or to the Range, nor shall the State obtain any right or claim to the continued
use o f the Range beyond that specifically provided for in this Agreement.

2. Tcnn. The term o f this Agreement shall be from the effective date set forth above
and shall run for a period o f one (1) year. The term o f this Agreement may be extended by the
parties, at the option o f the parties, for additional periods o f one (I ) year.

Commissioner Williams moved to approve the Intergovernmental Agreement by and between
Taney County and the State o f Missouri, Division o f Corrections, P&P Office. Presiding
Commissioner Scofield seconded the motion. The motion passed by vote: Scofield (aye),
Williams (aye), and Wyatt (absent).

MUTUAL COOPERATION AGREEMENT FOR OPERATION OF THE 911
EMERGENCY TELEPHONE SYSTEM 2018 #18-074CM
Tammy Hagler, 911 Administrator, and Jeff Matthews, Branson Chief o f Police, came before the
Commission on behalf o f this Agreement.

Presiding Commissioner Scofield read a letter from Taney County Attorney Travis Elliott who
revised the Mutual Cooperative Agreement for 911 Emergency Telephone Systems by and
between The City o f Branson and Taney County.

THIS AGREEMENT is mode t h i - v g ^ y of 2018. by and between Taney 3. Compensation. Without regard to tlic following provisions, the duty of the
County. Missouri (''County"), and the City of Branson. Missouri ("City"). County to provide compensation to the City as set forth below, shall be limited to funds received
from the tax approved by the voters for the establishment and operation of tltc 911 emergency
Wl IEREAS. scction 70.220. RSMo, authorizes any municipality o r political subdivision telephone system ("911 Funds”).
to contract and cooperate with one another, and their elective o r appointive officials for the
planning, development, construction, acquisition or operation of public improvements or Subject to the County's budget and appropriations process. County shall annually budget
facilities and common services; and and appropriate un amount for funding two (2) PSAP locations (the “PSAP Appropriation
Amount"), one to be operated by the City as set forth in this Agreement and the other to be
WHEREAS, at a referendum election, the voters o f Taney County. Missouri approved the operated by the Taney County SherifT s Department. The total number o f terminated 911 calls
establishment and operation o f u county-wide 911 emergency telephone system ond a levy to across both PSAPs shall be identified for the previous two (2) years and added together (“Total
fund the system; and Calls"). O f those, the number of terminated 911 calls ut the City PSAP and County PSAP for the
previous two (2) years shall be identified (the "City Calls" and "County Calls”, respectively).
WHEREAS, the parties have cooperated to establish and maintain two Public Service
The compensation under this paragraph shall be paid to the City in November by taking tlie City
Answering Points O'PSAP), with one being loeated in the Taney County Sheriff*s Office, and the
other being located in the Branson Policc Department: and Calls divided by the Total Calls, multiplied by the PSAP Appropriation Amount.

WHEREAS, the parties desire to set forth the respective terms and obligations o f the By way of example, for 2016, there were a total o f 46,932 terminated 911 calls across
parties with respect to providing a 911 Emergency Telephone System and Public Service both PSAPs. and in 2017, there were a total o f 43.283 terminated 911 calls across both PSAPs.
Answering Points in Taney County. Missouri; and for a total of90.21S Total Calls. The terminated 911 calls for the City were 15,627 in 2016. and
16,864 in 2017, for n total o f 32,491 City Calls. In order to calculote the compensation to be paid
nsideration o f the mutual promises and covenants set forth to the City, tltc following calculation is applied: 32,491/90.215 multiplied by the PSAP
Appropriation Amount.

1. Operation o f PSAPs. The City shall maintain, operate, and supervise the 4. Term. The term of this Agreement shall commence on the date it is cxccutcd by
respective City PSAP 24-hours per day, 7-days per week, and shall provide n minimuni^>J'-tW& the parties. The term of the Agreement shall be for one (1) year from the date of
(2) dispatchers (or such other position title is assigned by the respective party) ("Dispatcher") on commencement, and shall automatically renew for one (I) additional one (I) year term unless
duty at all times. Eoch PSAP shall be responsible for answering emergency telephone calls; any party provides advance written notice at least thirty (30) days prior to the renewal date.
operating PSAP equipment and voice recorders; and handling to completion all 9 1 1 cmergcncy Notwithstanding anything to the contrary set forth herein, uny party may terminate this
calls routed to und accepted by the respective PSAP. In the event o f Interruption or failure o f Agreement, in its sole and absolute discretion, by providing 60-days advnncc written notice.
PSAP service at a location, each PSAP shall provide full emergency back-up service to the other
City shall provide suitable and appropriate office space and employees for the respective City 5. Operational Control. The parties agree tliat each exists independently of the
PSAPs. as follows: other, that no party has the right to control the activities o f the other parties; that no respondent
superior relationship exists between the parties; and that no party shall be vicariously liable for
a. Bv Citv. City agrees to and shall maintain, operate, and supervise one (1) the conduct o f any other party.
PSAP. to be located at the Branson Police Department. City will recruit,
select, hire, train, compensate, discipline and terminate all Dispatchers at the
6. Century link Database. The patties acknowledge that Centurylink has provided
Branson PSAP. who shall all be employees o f the City. City will provide all
information from its customer records to create a database for the 911 system. The parties
benefits and other expenses related to employment o f operators, including
workers' compensation and applicable fringe benefits in accordance with City acknowledge that such information shall remain the property of Centurylink and agree to strictly
limit the use of information provided by Centurylink to uses necessary to the performance by the
parties as public safety agencies. The parties ogrcc that they will use information provided by
2. I'ouinment. County shall purchase, provide, own, und maintain all PSAP Centurylink only for the purpose o f responding to emergency calls at the lime such calls arc
equipment and voice recorders utilized at the respective PSAP locations. In the event o f placed. Tlic parties agree to take all reasonable efforts to safeguard the proprietary nature of
information provided by Centurylink, including, but not limited to:

a. Maintain an A L I log that records all 911 calls placed to the respective PSAPs. TANEY COUNTV, MISSOURI
The 911 Administrator shall review such logs with all authorized public safely
supervising officers to dctect any unauthorized retrieval of information from
the 911 systems database. The parties shall report unauthorized access and
retrieval to Centurylink and shall implement corrective action to prevent
5
further unauthorized access and retrieval.

b. City shall provide a list of authorized personnel to Centurylink and to the 911
Administrator. Authorized personnel shall be provided passwords by ATTEST
Centurylink so that they may log onto the system.
I. Donna Neeley, as the Clerk o f the Taney County Commission, hereby attest that the
above Agreement was cxccutcd by the County Commissioner who signed it. and that it was
7. Sovereign Immunity: Official Immunity. In no event shall the language or signed pursuant to a duly passed motion of the Taney County Commission approving the
requirements set forth in this Agreement constitute or be construed as a waiver or limitation of Agreement.
the parties' rights or defenses with regard to sovereign, governmental, or official immunity and
protections provided by state or federal law.

8. Compliance with Laws. The parties agree to comply with all applicable state and
federal laws and regulations regarding the operations and performance of 911 services under this
Agreement.

9. Authority. The parties represent and warranty that the individuals executing this Certificate of Accounting Officer Pursuant to 50.660, RSMo.
Agreement on behalf of the respective parties have rcccivcd the proper approvals and
The undersigned, as Budget and Accounting Office for Taney County, Missouri, certified
authorizations necessary to enter into this Agreement and that the same has been approved by the that there is a balance otherwise unencumbered in the county treasury to the credit o f the
appropriate governing bodies o f the parties. appropriotion to which the financial obligation imposed upon the county by this Agreement is to
be charged, and there is a cash balance otherwise unencumbered in the county treasury to tlic
10. Entire Agreement. This instrument contains the entire agreement between the credit of the fund from which payment is to be made, each sufficient to meet the obligations
scheduled to be incurred under this Agreement.
parties regarding the subject matter set forth herein, and no statements, promises, or inducements
made by any party or agent o f any party that are not contained in this agreement shall be valid or
binding. This Agreement supersedes any prior agreements o f the parties regarding the subject
matter set forth herein. This agreement may not be enlarged, modified or altered except in
writing and signed by the parties.

11. Governing Law. This Agreement shall be construed in accordance with the laws
o f the state o f Missouri.

[Signature Pace* Follow - Remainder o f Pace Intentionally Blankl

306
Presiding C o m m i s s i o n e r E a s t e r n Commissioner ^ U 7 ; Western Commissioner —7^
Commissioner Williams moved to approve the Mutual Cooperation Agreement for the 911
Emergency Telephone System by and between Taney County and the City o f Branson. Presiding
Commissioner Scofield seconded the motion. The motion passed by vote: Scofield (aye),
Williams (aye), and W yatt (absent).

NOTICE OF RENEWAL FOR ELECTRICAL WORK/SERVICES - CASTRO
ELECTRIC, INC. #18-106CM
No. I M 06CM
Commission OrcJor 0201507-308
NOTICE OF RENEWAL Agroomont
Electrical Work/Sorvices
To: Castro Elcctric. Inc.. Dcrrick R. Castro, Authorized Representative. 1751 Sycatnorc Church
Rood, Branson, Missouri, 65616 THIS AGREEMENT dated tho : I ' / day of 201'" la modo
boUvoon Toney County, Missouri, a political tubdivialon of tho Stalo of Missouri, herein
Notice is given that the County o f Tnney. Missouri hereby renews its agreement with Castro •County", ond Caslro Electric, Inc., horoln 'Contractor".
Electric. Inc.. Tor electrical work/services, commencing August 31, 2018. Tor a period o f ( I) year,
which will expire on August 31,2019. A copy o f this agreement is attached hereto as Exhibit A.
1. Contract Documents - This agreement shall consist of this Agreement tor Electrical
Work/Services; County of Taney Request Tor Did number 201507-300; ony oppllcablo oddenda;
ond the Contractor's bid response executed by Dorrlck R. Caslro on behalf of the Contractor.
Date: AD such documents shall constitute tho contract documents, which are atlochod hereto and
Incorporated heroin by roference. Service or product data, specifications ond literature
submitted with bid response moy be permanently maintained In tho County Purchasing Offico
bid file for this bid If nol attached. In the event of conflict between ony of tho forogoing
documents, this Agreement, tho Request For Bid, and any applicable addenda, shall prevail and
control ovor tho Contractor's bid response. Below Is a copy of tho Items covered within thlo
agreement, taken directly from the bid, with the exact bid pricing os submitted by 'Contractor'.
ATTEST: I, Donna Neeley, as the Clerk o f the Toney County Commission hereby attest that the Material (Total Cost plus %) *0*3500 10%
ubovc Notice of Renewal was executed by Taney County Presiding Commissioner, Mike Scofield, Material (Total Cost phis %) $2500-14,400 10%
pursuant to a duly passed motion o f the Taney County Commission approving the above Notice Matorlftl (Total Cost plus %) *4,500 and up 10%
Rontal Equipment (Cost plus %) 10%
o f Renewal. Electrical Work Services (Straight Time) 130 Bi/per hour
Rale per hour for each adauona! worker (Straight Time) *30.8l/per hour
Electrical Work Services (Nights ond Woekonds) *50.72/por hour
Rato per hour for oach ad&lional worker (Nighls ond Weekends) *60.72/por hour
Electrical Work Services (Holidays) *7D.02/per hour
Date: Roto per hour for each additional worker (Holidays) *?0.02/per hour
2. Contract Duration * This agroomont shall commonco on .*/•»day of August, 2015 and extend
for 36 months through '-7W day of August, 201B. subjoct to the provisions for termination
specified below. This agroement moy be axtended beyond tho expiration data by tho order of
the County for one year subject to the pricing clauses In the contractor's RFB response. This
ogroomont may be renewed thereafter on a month to month basis for up to six months In the
Certification of Accounting Offlccr pursuant to Section 5U.660KSMo: ovent tho County Is unablo to re-bid and award a new contract prior to expiration.
3. Torm & Supply Sotvlco - The County agrees to term & supply service from the Contractor
The undersigned, ns Budget and Accounting OfTicer for the County o f Taney, certifies that there and the Contractor ogroos to supply Ihe County all Items per tho bid specifications, and for the
is a balance otherwise unencumbered in the county treasury to tlie credit o f the appropriation to prices set forth In the Contractor's bid response, as needed and as ordered by County.
which the financial obligation imposed upon the county by this Notice o f Renewal is to be charged, Contractor shall act os tho primary supplier and shall furnish electrical work/services for the
County. Sold sorvicos will bo porformed on on "os neodod" basis with scheduling being
und there is a cash balance otherwise unencumbered in the county treasury to the credit of the fund completed via mutual ogroomont which Indudos all itoms os listed within the bid rosponso.
from which payment is to be made, each sufficient to meet the obligations scheduled to be incurred
under this Notice o f Renewal. 4. Dining and Payment - AH billing shall be Invoiced with specific department Information and
Includo bid number 201507-308 for reference. Billings may only include the prices listeO In the
Contractor's bid rosponso.
No additional fees or extra sorvicos not includod In tho bid rosponso or taxos shall be includod
as additional chorgcs In oxcoss of ho chargos In tho Contractor's bid rosponso to tho
specifications. The County agreos to pay all correct monthly statements within thirty days of
receipt: Contractor agrees to honor any cash or prompt poymont discounts offerod in Its bid

Commission Order *201607-308
rosponso if County makos payment as provided thoroin. In tho ovont of o billing dlsputo, tho
County reserves the right to withhold payment on tho disputed amount; in the event Ihe billing
disputo Is resolved in favor of the Contractor, tho County ogroos to pay Interost at a rate of 0%
per annum on disputed amounts withhold commoncing from tho last dato payment was duo.
5. Binding Eltoct - This agreement shall bo binding Upon tho parlies hereto and their successors
ond assigns for so long as this agroement remains In fuR force and effect
6. Entire Agroomont - This agreement constitutes tho onllro agreement between the parlies und
supersedes any prior negotiations, written or verbal, and any other bid or bid specification or
contractual ogroomont. This ogroemont may only bo amondod by a signed writing oxocutcd
with tho n m o formality as this ogroomont.
7. Tormlnolion - This ogroomont moy be lorminated by the County upon thirty days advanco
written notice tor any of the following reasons or under any of the following circumsloncos
a. County may terminate this ogroemont duo to material broach of any torm or
condition of this ogroomont. or
b. County moy tormlnoto this agroement If in tho opinion of the Taney County
Commission delivery of products is dolayod or products delivered are not
In conformity with bid specifications or variances authorized by County, or
c. If appropriations aro not made available and budgeted for any calendar year.
IN WITNESS WHEREOF tho partlos through tholr duly authorized representatives heroby
oxocuto this agroomont.

"Contractor' Castro Electric, Inc.
f r V l. M S7X0
Auowuso Ptrtoo (PRINT)

9 ' 0 - / 5 - _____________ — r>
Address n r / < SV/$tt»cna- *0.

Commissioner Williams moved to approve the Notice o f Renewal for Electrical Work by and
between Taney County and Castro Electric, Inc. Presiding Commissioner Scofield seconded the
motion. The motion passed by vote: Scofield (aye), Williams (aye), and Wyatt (absent).

RECESS
2:25 p.m.

RECONVENE
2:51 p.m.

EXECUTIVE SESSION
2:51 p.m.

EXECUTIVE SESSION PER SECTION 610.021.1.3 (LEGAL & PERSONNEL)
Taney County Commission Conference Room

See Executive Session Minutes for motions made or votes taken.

END OF EXECUTIVE SESSION
3:07 p.m.

307
Presiding Commissioner^ - ^ / ; Eastern Commissioner Western Commissioner -/)i—
ROAD & BRIDGE ROUND TABLE DISCUSSION
Present: Devin Huff and Denzil Brown o f Road & Bridge, and Carl Bonnell o f Mo State Parks.

3:27 p.m. Carl Bonnell left

Discussion included the following:
• Guard rail for Bradleyville Heli-Pad
• A gate at Buchanan
• The old transfer building repairs
• Amherst Rd is referred to the county attorney
• Discussed fill dirt agreements

3:48 p.m. Denzil and Devin left and Shanna entered

DAILY STAFF REVIEW AND AGENDA REQUEST
Present: Presiding Commissioner Scofield, Commissioner Williams, Donna Neeley, and Shanna
Tilley

The Commission met with their staff to review the day’s business and go over agenda requests.
th
The Commission agreed to have the levy setting on September 10 , 2018 at 9:30 am.

ADJOURNMENT
Commissioner Williams moved to adjourn. Presiding Commissioner Scofield seconded the
motion. The motion passed by vote: Scofield (aye), Williams (aye), and Wyatt (absent).

ADJOURN
3:59 p.m.

The Minutes were taken by County Clerk Donna Neeley and Deputy Clerk April Deal and typed
by Deputy Clerk April Deal.

308
Presiding Commissioner^ ? ^ ; Eastern Commissioner ^ lx ^Western Commissioner /' x J