Items 1 - 6 - of the board. Approval of the Regular July 7, 2015 Board of Aldermen meeting minutes. ... 6389-15, Section
TENTATIVE AGENDA RAYTOWN BOARD OF ALDERMEN JULY 21, 2015 REGULAR SESSION NO. 7 RAYTOWN CITY HALL 10000 EAST 59TH STREET RAYTOWN, MISSOURI 64133 OPENING SESSION 7:00 P.M. Invocation Pledge of Allegiance Roll Call Proclamations A Proclamation recognizing Al Brown Public Comments Communication from the Mayor Communication from the City Administrator Committee Reports
LEGISLATIVE SESSION 1. CONSENT AGENDA All matters listed under the Consent Agenda are considered to be routine by the Board of Aldermen and will be enacted by one motion without separate discussion or debate. The Mayor or a member of the Board of Aldermen may request that any item be removed from the consent agenda. If there is no objection by the remaining members of the board, such item will be removed from the consent agenda and considered separately. If there is an objection, the item may only be removed by a motion and vote of the board.
Approval of the Regular July 7, 2015 Board of Aldermen meeting minutes. REGULAR AGENDA 2. R-2791-15: A RESOLUTION AUTHORIZING THE CITY ADMINISTRATOR TO ENTER INTO AN AGREEMENT WITH VANCE BROTHERS, INC. FOR THE 2015 LIGHTWEIGHT AGGREGATE SEAL PROJECT AND APPROVAL OF CHANGE ORDER NO. 1 IN AN AMOUNT NOT TO EXCEED $264,766.00. Point of Contact: Jim Melvin, Interim Public Works Director. 3. R-2792-15: A RESOLUTION AUTHORIZING AND APPROVING AN AGREEMENT WITH PAC-VAN FOR MODULAR HOUSING RENTAL FOR THE TEMPORARY HOUSING OF THE RAYTOWN POLICE DEPARTMENT AND ALL NECESSARY EXPENSES IN AN AMOUNT NOT TO EXCEED $73,500.00. Point of Contact: Jim Melvin, Interim Public Works Director. 4. SECOND Reading: Bill No. 6389-15, Section IV-A. AN ORDINANCE ESTABLISHING A PROCEDURE TO DISCLOSE POTENTIAL CONFLICTS OF INTEREST AND SUBSTANTIAL INTERESTS FOR CERTAIN MUNICIPAL OFFICIALS IN THE CITY OF RAYTOWN, MISSOURI. Point of Contact: Teresa Henry, City Clerk. ADJOURNMENT Next Ordinance No. 5523-15
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DRAFT MINUTES RAYTOWN BOARD OF ALDERMEN JULY 7, 2015 REGULAR SESSION NO. 6 RAYTOWN CITY HALL 10000 EAST 59TH STREET RAYTOWN, MISSOURI 64133 OPENING SESSION 7:00 P.M. Mayor Michael McDonough called the July 7, 2015 meeting to order at 7:00 p.m. Rex Block of Raytown Community Interfaith Alliance led the invocation. Boy Scout Troop #54 presented the flags and led the pledge of allegiance. Roll Call The roll was called and the attendance was as follows: Present: Alderman Karen Black, Alderman Josh Greene, Alderman Jim Aziere, Alderman Jason Greene, Alderman Janet Emerson, Alderman Mark Moore, Alderman Steve Meyers, Alderman Bill Van Buskirk, Alderman Steve Mock, Alderman Eric Teeman Proclamations Mayor McDonough presented a proclamation recognizing Devin Cordes. Mayor McDonough announced Maggie Chase as the 2015 Missouri Municipal League’s West Gate Citizen of the Year recipient. Public Comments None. Communication from the Mayor None. Communication from the City Administrator Mahesh Sharma, City Administrator, congratulated the graduating EMS class for passing their exams. Mr. Sharma reported that it is a very rare occasion for an entire class to pass the state exams. Mr. Sharma congratulated Code Enforcement Officer, Allyn Harvey for her dedication and hard work. Mr. Sharma reported that a Raytown resident personally spoke to him regarding Ms. Harvey working with him and his neighbors to improve conditions in their Ward III neighborhood. Committee Reports Alderman Steve Mock reported that the Council on Aging was scheduled to meet July 17, 2015 at 4:15 p.m. Alderman Mock also announced that the Raytown Art & Music Festival was scheduled for August 9, 2015 at Kenagy Park. Festivities begin at Noon and last until 7:00 p.m. Alderman Emerson announced that the Raytown Area Chamber golf tournament was scheduled for July 17, 2015. People can visit the Chamber’s website to get more information and sign up for the tournament.
Board of Aldermen
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July 7, 2015
Alderman Emerson announced that the Raytown Area Chamber A.M. Connections event was scheduled for July 14, 2015 at 7:30 a.m. at the Four Points by Sheraton. Alderman Emerson reported that the Raytown Area Chamber of Commerce membership luncheon was scheduled for July 22, 2015 at 11:30 a.m. Reservations for the event must be turned into the Chamber by July 20, 2015.
STUDY SESSION Economic Development Update Tom Cole, Economic Development Administrator
LEGISLATIVE SESSION 1. CONSENT AGENDA All matters listed under the Consent Agenda are considered to be routine by the Board of Aldermen and will be enacted by one motion without separate discussion or debate. The Mayor or a member of the Board of Aldermen may request that any item be removed from the consent agenda. If there is no objection by the remaining members of the board, such item will be removed from the consent agenda and considered separately. If there is an objection, the item may only be removed by a motion and vote of the board.
Approval of the Regular June 16, 2015 Board of Aldermen meeting minutes. Alderman Aziere, seconded by Alderman Moore, made a motion to approve the consent agenda. The motion was approved by a vote of 9-0-1. Ayes: Aldermen Aziere, Moore, Teeman, Mock, Van Buskirk, Meyers, Emerson, Jason Greene, Black Nays: None Abstain: Alderman Josh Greene REGULAR AGENDA 2. R-2787-15: A RESOLUTION AUTHORIZING AND APPROVING THE EXPENDITURE OF FUNDS TO WATKINS LITHOGRAPHIC, INC. IN AN AMOUNT NOT TO EXCEED $17,000.00 FOR FISCAL YEAR 2014-2015. Point of Contact: Brenda Gustafson, Public Information Officer. The resolution was read by title only by Teresa Henry, City Clerk. Brenda Gustafson, Public Information Officer, provided the Staff Report and remained available for discussion. Discussion included whether or not a longer term contract with the printing company would reduce the price of the newsletter. Alderman Jason Greene, seconded by Alderman Teeman made a motion to adopt. The motion was approved by a vote of 10-0. Ayes: Aldermen Jason Greene, Teeman, Josh Greene, Moore, Van Buskirk, Black, Aziere, Emerson, Meyers, Mock Nays: None 3. R-2788-15: A RESOLUTION AUTHORIZING AND APPROVING A 6-MONTH LEASE WITH BPS PROPERTIES L.L.C. FOR TEMPORARY HOUSING OF THE RAYTOWN POLICE DEPARTMENT AT 7001 BLUE RIDGE BOULEVARD. Point of Contact: Jim Melvin, Interim Public Works Director. The resolution was read by title only by Teresa Henry, City Clerk. Jim Melvin, Interim Public Works Director, provided the Staff Report and remained available for discussion. Board of Aldermen
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July 7, 2015
Discussion included clarification regarding whether or not contract submitted to the Board had revised changes, who had checked the roof and HVAC system to ensure they worked, price per square foot to rent the proposed space, the size of the HVAC unit used at the building, who should be in charge of landscaping of the property, clarification of time frame needed to renovate the Police Department and requests by Aldermen that Public Works inspect roof and HVAC system. Alderman Mock, seconded by Alderman Emerson made a motion to adopt. The motion was approved by a vote of 10-0. Ayes: Aldermen Mock, Emerson, Van Buskirk, Josh Greene, Teeman, Jason Greene, Moore, Aziere, Black, Meyers Nays: None 4. R-2789-15: A RESOLUTION AUTHORIZING AND APPROVING THE PURCHASE OF SALT FOR THE PURPOSE OF TREATING ROADS AND BRIDGES IN INCLEMENT WEATHER FROM INDEPENDENT SALT COMPANY IN AN AMOUNT NOT TO EXCEED $52,000.00 FOR FISCAL YEAR 2014-2015. Point of Contact: Jim Melvin, Interim Public Works Director. The resolution was read by title only by Teresa Henry, City Clerk. Jim Melvin, Interim Public Works Director, provided the Staff Report and remained available for discussion. Discussion included how many pounds of salt were in reserve and if Public Works Department had ever worked with a co-op from other cities. Alderman Mock, seconded by Alderman Emerson made a motion to adopt. The motion was approved by a vote of 10-0. Ayes: Aldermen Mock, Emerson, Van Buskirk, Josh Greene, Teeman, Jason Greene, Moore, Aziere, Black, Meyers Nays: None 5. R-2790-15: A RESOLUTION DECLARING CERTAIN PROPERTY OWNED BY THE CITY OF RAYTOWN AS SURPLUS AND AUTHORIZING DISPOSITION OF SUCH PROPERTY BY AUCTION. Point of Contact: Jim Melvin, Interim Public Works Director. The resolution was read by title only by Teresa Henry, City Clerk. Jim Melvin, Interim Public Works Director, provided the Staff Report and remained available for discussion. Alderman Aziere, seconded by Alderman Teeman made a motion to adopt. The motion was approved by a vote of 10-0. Ayes: Aldermen Aziere, Teeman, Emerson, Moore, Black, Meyers, Jason Greene, Josh Greene, Van Buskirk, Mock Nays: None 6. FIRST Reading: Bill No. 6389-15, Section IV-A. AN ORDINANCE ESTABLISHING A PROCEDURE TO DISCLOSE POTENTIAL CONFLICTS OF INTEREST AND SUBSTANTIAL INTERESTS FOR CERTAIN MUNICIPAL OFFICIALS IN THE CITY OF RAYTOWN, MISSOURI. Point of Contact: Teresa Henry, City Clerk. The bill was read by title only by Teresa Henry, City Clerk. Teresa Henry, City Clerk, presented an overview of the Staff Report and remained available for questions. No discussion. Board of Aldermen
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July 7, 2015
ADJOURNMENT Alderman Moore, seconded by Alderman Meyers made a motion to adjourn. The motion was approved by a majority of those present. The meeting adjourned at 8:21 p.m.
___________________ Teresa M. Henry, MRCC City Clerk
Board of Aldermen
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July 7, 2015
PROCLAMATION WHEREAS, Al Brown, is a dedicated and active community leader who has served the City of Raytown citizens as Executive Director of the Raytown Emergency Assistance Program for the last 20 years and; WHEREAS, during his tenure, REAP has benefitted and experienced unprecedented growth and recognition during his management tenure by serving over 300 families per month and assisting several hundred students in the Raytown Consolidated School District and; WHEREAS, under his management, he assisted in securing funds to build a $1.3 million building that was needed for storage and office space for the organization and; WHEREAS, as Director, Al has provided valuable leadership and guidance to promote and educate Raytown regarding the services and programs needed to serve residents in the community and; WHEREAS, in recognition of his exemplary community leadership, dedicated service to the community and upcoming retirement, the City of Raytown would like to honor Al Brown. NOW THEREFORE, I, Michael McDonough, Mayor of the City of Raytown, Missouri, do hereby recognize
AL BROWN and call upon all residents to join me in recognizing Mr. Brown’s leadership, public service and extend the sincerest gratitude for his commitment to our City. Signed this Twenty-First Day of July, Two Thousand and Fifteen.
Michael McDonough, Mayor
CITY OF RAYTOWN Request for Board Action Date: July 15, 2015 Resolution No.: R-2791-15 To: Mayor and Board of Aldermen From: Jim Melvin, Interim Public Works Director Department Head Approval: Finance Director Approval:
(only if funding is requested)
City Administrator Approval:
Action Requested: Board of Aldermen approval of the 2015 Lightweight Aggregate Seal Project low bid of Vance Brothers Inc. and approval of Change Order No. 1. Recommendation: Staff recommends approval as submitted. Analysis: The Public Works Department received 1 sealed bid that was opened on Tuesday, May 19, 2015 at 2:00 p.m. Vance Brothers Inc. was the only bidder, but is a responsive, responsible bidder. The Vance Brothers, Inc. bid of $376,425.00 with Change Order No. 1 (-$116,859.00) is being recommended for approval. Change Order No. 1 changes the aggregate from Lightweight Aggregate to Granite Aggregate, deletes the Nu-Seal and Ultra-Seal bid items, adds Granite Aggregate Seal for the Parks Trail and deletes the full depth removal and repair bid items. The total for the project with Change Order No. 1 in place is $259,566.00. As in 2011 through 2014, the City will allow the contractor to close a section of road for up to an hour to place the asphalt emulsion oil and to use less aggregate to decrease the amount of loose gravel. Also, the 2015 Lightweight Aggregate Seal project will require the contractor to make a straight edge for the seal surface treatment when ending at another street. We are also requesting an additional $5,200.00 (2%) in the approved amount for possible change orders. Overruns in this resurfacing project are prone to happen with the fast pace of the project. This will make an approved amount to spend of $259,566.00 + $5,200.00 = $264,766.00. This total is within the 2015 Street Maintenance Plan allocation for the lightweight aggregate seal project and the Parks budget for trails repair. Alternatives: N/A Budgetary Impact: Not Applicable Budgeted item with available funds Non-Budgeted item with available funds through prioritization Non-Budgeted item with additional funds requested Account Number(s): Fund: Amount to Spend:
204-62-00-100-53250 Transportation Sales Tax Fund $247,550.00
Account Number: Fund: Amount to Spend:
201-94-00-100-53250 Parks Operations, Capital Expenditures $ 17,216.00
Additional Reports Attached: Bid tabulation and the locations map.
RESOLUTION NO.: R-2791-15 A RESOLUTION AUTHORIZING THE CITY ADMINISTRATOR TO ENTER INTO AN AGREEMENT WITH VANCE BROTHERS, INC. FOR THE 2015 LIGHTWEIGHT AGGREGATE SEAL PROJECT AND APPROVAL OF CHANGE ORDER NO. 1 IN AN AMOUNT NOT TO EXCEED $264,766.00 WHEREAS, the City of Raytown (the “City”) issued an invitation to bid on the 2015 Lightweight Aggregate Seal Project for street maintenance within the City; and WHEREAS, the Public Works Department received one (1) bid in response to the invitation and has determined that the bid submitted by Vance Brothers, Inc. in the amount of $376,425.00 was the most advantageous bid received; and WHEREAS, after further evaluation of the project and after numerous years of receiving one bid in response to the yearly bid, Change Order No. 1 changes the project from Lightweight Aggregate to Granite Aggregate resulting in a reduction in the original bid amount of $116,859.00 to an amount not to exceed $259,566.00; and WHEREAS, the City finds Vance Brothers, Inc. meets all of the qualifications as the lowest and best bidder for the project; and WHEREAS, the City desires to enter into an agreement with Vance Brothers, Inc. for the 2015 Lightweight Aggregate Seal Project within the City in an amount not to exceed $259,566.00 for such proposes; and WHEREAS, the Board of Aldermen find it is in the best interest of the City to authorize and approve an additional $5,200.00 to fund any changes in the final unit measurements for a total amount not to exceed $264,766.00. NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF RAYTOWN, MISSOURI, AS FOLLOWS: THAT the Board of Aldermen find it is in the best interest of the City to enter into an agreement with Vance Brothers, Inc. in the amount of $259,566.00 for the 2015 Lightweight Aggregate Seal Project within the City, attached hereto as Exhibit “A” and incorporated herein, is hereby authorized and approved; and FURTHER THAT, the Board of Aldermen finds it is in the best interest of the City to authorize and approve an additional $5,200.00 to fund any changes in the final unit measurements for a total amount not to exceed $264,766.00; and FURTHER THAT the City Administrator, or designee, is hereby authorized to execute any and all documents and to take any and all actions necessary to effectuate the terms of the Agreement and exercise the authority granted herein on behalf of the City. PASSED AND ADOPTED by the Board of Aldermen and APPROVED by the Mayor of the City of Raytown, Missouri, the 21st day of July, 2015.
________________________________ Michael McDonough, Mayor
ATTEST:
Approved as to Form:
____________________________ Teresa M. Henry, City Clerk
________________________________ Joe Willerth, City Attorney
v:\board of aldermen meetings\agendas\agendas 2015\07-21-15\reso light weight aggregate 2015.docx
BID TABULATION 2015 LIGHT WEIGHT AGGREGATE SEAL PROJECT DATE BID: Tues., May 19, 2015 at 2:00PM
Vance Brothers
Item Dsecription
Est. Qty.
Units
Unit Price
Est. Amount
Engineers Estimate Unit Price
Est. Amount
1. Light Weight Agg. Seal-Patching
20,000 S.Y.
$2.20
$44,000.00
$2.20
$44,000.00
2. Light Weight Agg. Seal-Final
97,500 S.Y.
$1.95
$190,125.00
$2.00
$195,000.00
3. Concrete-Asphalt St Full Depth Removal
470 S.Y.
$70.00
$32,900.00 $10.00
$4,700.00
4. Type 5 Full Depth Asphalt Street Rep.
260 TON
$145.00
$37,700.00 $65.00
$16,900.00
5. Asphalt Trail Rem./Rep. of Failed Areas
570 S.Y.
$94.50
$53,865.00 $27.00
$15,390.00
6a. Ultra Seal
2,900 S.Y.
$6.15
$17,835.00
$5.00
$14,500.00
6b. Nu Seal
2,900 S.Y.
$8.75
$25,375.00
$7.00
$20,300.00
6c. Nu Seal w/ Ultra Seal sprayed on top
2,900 S.Y.
$10.25
$29,725.00
$9.00
$26,100.00
Total =
$376,425.00 Total =
$290,490.00 (Items 1 - 6a)
City of Raytown Public Works Department 10000 E 59th Street, Raytown, Missouri 64133 PH: (816) 737-6050 FX: (816) 737-6012
CHANGE ORDER PROJECT NAME: CONTRACTOR:
2015 Light Weight Aggregate Seal Project Vance Brothers Inc.
Change Order No.
1
Date: Project No.
July 21, 2015 NA
Reason for change order: Changed aggregate from Light Weight to Granite. Deleted Asphalt patching. Deleted Nu-Seal, Ultra-Seal Bid Items. Added Granite Seal for Park Trail. Description of work: Apply seal coat and aggregate to streets and trails. Item 1 2 3 4 5 6a 6b 6c 7 8
Description Aggregate Seal—Patching Aggregate Seal—Final Concrete Asphalt St. Full Depth Removal Type 5 Full Depth Asphalt Street Repair Asphalt Trail Rem./Rep. of Failed Areas Ultra Seal Nu Seal Nu Seal w/Ultra Seal sprayed on top. Aggregate Seal Park Trails—Patching Aggregate Seal Park Trails— Final
Quantity 20,000 97,500 0 0 0 0 0 0 300 2900
Units SY SY SY Ton SY SY SY SY SY SY
Unit Price $2.27 $2.02 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $5.38 $5.38
Amount $45,400.00 $196,950.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $1,614.00 $15,602.00 $259,566.00
NOT VALID UNTIL SIGNED BY THE OWNER, ENGINEER AND CONTRACTOR
$376,425.00
Original Contract Total ……………….............……………………………………….
$0.00
Net change by previously authorized Change Orders………………………………
-$116,859.00
Current Change Order amount ….......................................................................
$259,566.00
New Contract Total including this Change Order ………..............………………. The Contract Time will be increased by 0 days
NOTES: This summary does not reflect changes in the Contract, Sum, Contract Time or Guaranteed Maximum Price which have been authorized by Construction Change Directive.
(Engineer Signature)
(Printed Name)
Date:
(Contractor Signature)
(Printed name)
Date:
(City of Raytown Signature)
(Printed Name)
Date:
CITY OF RAYTOWN Request for Board Action Date: July 16, 2015 Resolution No.: R-2792-15 To: Mayor and Board of Aldermen From: Jim Melvin, Interim Public Works Director Department Head Approval: Finance Director Approval: City Administrator Approval:
Action Requested: Board of Aldermen approval of a 6-month lease for mobile office space to accommodate the remodel of the lower level of City Hall. Recommendation: Staff recommends approval as submitted for $1,790.00/month plus utilities, plus delivery and recovery, plus installation and take-down, plus other factors. Analysis: Staff has worked with local realtors to find a location to temporarily house the Police Department during the remodel of the lower level of City Hall. Staff looked at several sites, as follows: 1. Terminex/Ken-A-Vision: While this property is immediately adjacent to City Hall, the lease rate of $5.50 per square foot plus an additional $1.40 per square foot for maintenance fees would have equated to a total lease rate in excess of $17,000.00 for the 6-month term not including construction to accommodate PD’s needs. Ultimately, the property was unsuitable without some construction. Time and expense does not permit any construction. 2. Blue Ridge Plaza: while the property would have provided ample space, the available spaces in the property were not finished and had a number of mechanical system deficiencies. Converting the space to office for a temporary use would have been cost prohibitive. 3. Former GE Building: The initial rental rate was projected in excess of $15,000.00 per month, ultimately negotiated below $2,500.00 per month. Due to an unanticipated sale of the property to the State of Missouri, the lease negotiations were called off. 4. School District Properties: Staff contacted the school district regarding the Success Academy and other school properties. The Success Academy is currently full and the District has no other properties available. 5. 7001 Blue Ridge: Twenty-two of the Police Department personnel will need to move during the remodel, and can readily be housed at 7001 Blue Ridge. For a 6-month duration the cost would be $21,000.00 plus utilities. Taxes on the property are included in the monthly rent of $3,500.00 Utilities average about $800.00 per month, so assume $5,000.00 for the 6-month rental. 6. Staff obtained approximately a dozen other listings, but upon examination they were found not to be suitable for one reason or another. 7. Mobile Office Space: Space could be made available quickly. Lease of the space was approximately $1,790.00, and this did not include electrical hookups, utilities, pumping the sewer holding tank, and other expenses. Total expense for the 6-month period is approximately $55,420.00, although the expenses are not all final. Some additional cost would be incurred with any of the options staff examined, such as moving expenses and disassembly and assembly of office cubicles. However, those same costs would be incurred with any other facilities. Moving expenses and cubicle take-down and installation cost is $5,689.00 on move-out and $5,689.00 to move back into City Hall. Total moving costs are then
$11,378.00. Expense for holding tanks for septic and bulk tank for potable water are not final. Also unknown is the cost of electrical, phone, and computer hookup. Staff estimate is $73,500.00. Alternatives: As follows: • Repair the sewer and HVAC systems only and do so without moving the personnel. Budgetary Impact: Renting mobile office space for 6-months would be approximately $66,800.00 (Including moving expenses) plus utilities, plus electrical hookup, plus phone and computer hookup. Other costs are not entirely tied down. Staff requests a 10% contingency to address unknowns, for a total of $73,500.00. Not Applicable Budgeted item with available funds: Non-Budgeted item with available funds through prioritization Non-Budgeted item with additional funds requested Fund: Amount to Spend: Additional Reports Attached:
Capital Sales Tax Fund $73,500.00 Rental agreement from current owners. Spread of other quotes obtained.
RESOLUTION NO.: R-2792-15
A RESOLUTION AUTHORIZING AND APPROVING AN AGREEMENT WITH PAC-VAN FOR MODULAR HOUSING RENTAL FOR THE TEMPORARY HOUSING OF THE RAYTOWN POLICE DEPARTMENT AND ALL NECESSARY EXPENSES IN AN AMOUNT NOT TO EXCEED $73,500.00 WHEREAS, the City of Raytown Police Department will need temporary housing during the renovations of the lower level of City Hall; and WHEREAS, the Board of Aldermen finds it is in the best interest of the citizens of the City of Raytown to authorize and approve an agreement with Pac-Van for modular housing rental for the temporary housing of the Raytown Police Department during renovations of the lower level of City Hall and all necessary expenses in an amount not to exceed $73,500.00. NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF RAYTOWN, MISSOURI, AS FOLLOWS: THAT the agreement with Pac-Van for modular housing rental for the temporary housing of the Raytown Police Department during renovations of the lower level of City Hall and all necessary expenses in an amount not to exceed $73,500.00. is hereby authorized and approved; FURTHER THAT the City Administrator and/or his designee is authorized to execute all documents necessary or incidental to such lease and the City Clerk is authorized to attest thereto. PASSED AND ADOPTED by the Board of Aldermen of the City of Raytown, Missouri, and APPROVED by the Mayor of the City of Raytown, Missouri this 21st day of July, 2015.
________________________________ Michael McDonough, Mayor ATTEST:
____________________________ Teresa M. Henry, City Clerk
Approved as to Form:
________________________________ Joe Willerth, City Attorney
Rental Agreement No: SFQ-224989 Rental Agreement Date: 07-14-2015 Rental Agreement Expires: 30 days Sales Rep: Steve Harvel Email:
[email protected]
Kansas City 7002 E. 40 Highway Kansas City, MO 64129 PH: (816) 332-6439 FAX: (816) 332-6516
▒ Billing Information
▒
▒ Shipping Information
▒
City of Raytown Raytown, MO
City of Raytown Jim Melvin 10000 E 59th St Raytown, MO 64133 Ph: (816) 737-6065
Monthly Charges
Quantity
60' x 48' Section Modular OSHA Steps - Size 103
1 3
Unit Price
Total Price
$1,700.00 $30.00
$1,700.00 $90.00
This Rental Rate is based on a minimum lease of 8 billing cycles beginning on 8/26/2015 12:00:00 AM Installation & Delivery Charges Delivery
Qty 1
Unit Price $1,240.00
Total $1,240.00
Removal & Return Charges Pick-up
Set-up
1
$5,600.00
$5,600.00
Teardown
Skirting Set-Up
1
$1,700.00
$1,700.00
Qty 1
Unit Price $1,240.00
Total $1,240.00
1
$5,500.00
$5,500.00
Notes:
SPECIAL OFFER: Need Storage? Please ask us about our special pricing on all Storage Containers with your order. (1) Pricing assumes level, compact and accessible site. (2) Transportation and site services may be subject to permitting, weather delays, transportation restrictions or fuel surcharges. (3) Back-end services are quoted at a lock-in rate assuming prompt payment upon initial invoice and completion of services within lease term. Actual pricing may vary if services are either not paid in full with initial invoice or are incurred beyond stipulated lease term. (1) This Rental Agreement is subject to the terms and conditions of the Equipment Lease Terms & Conditions attached hereto. (2) Lessee is responsible for securing any and all building permits, licenses or approvals necessary for use of the leased equipment, performing normal preventative maintenance, and returning the leased equipment in the same condition as received (less normal wear and tear). Additional charges will be incurred if cleaning and/or repairs are needed to return leased equipment to original condition. (3) Lessee is required to either provide an acceptable insurance certificate or pay Lessor's insurance waiver fee (if eligible). (4) In addition to the above prices, Lessee shall also pay Lessor any sales and use taxes, personal property taxes, and/or any other fees or taxes imposed by any governmental entity or taxing authority related to the leased equipment or its use. (5) Agreement is contingent upon final acceptance and credit approval by Pac-Van, Inc.
Sign Here
Signature: Printed: Title: Date:
____________________________________ ____________________________________ ____________________________________ ____________________________________
Signature: Printed: Title: Date:
___________________________________ Steve Harvel Sales Representative ___________________________________
Equipment Lease Terms & Conditions 1. Lease - Lessor hereby leases to Lessee, and Lessee and its successors and assigns hereby lease from Lessor, the Equipment described in this Lease (“Lease”) and any added or substituted units (the "Equipment"). Lessee shall not acquire any ownership interest in any Equipment leased hereunder. 2. Term – Unless otherwise stated in the Lease, the lease term (“Term”) for each unit of Equipment and continues unless terminated as provided herein. The Term commences upon the earlier of delivery of the Equipment to the Lessee’s site or pick-up of the Equipment by Lessee at Lessor’s site and continues until the later of the end of the Term stated in this Lease or the return of the Equipment to Lessor’s site. Lessee may not cancel a Lease, unless agreed to by Lessor in writing. Upon expiration of the rental term stated on each Rental Agreement, said lease will continue on a month-to-month basis and all terms of the Agreement and the Rental Agreement shall continue to remain in force until written request is received by Lessor from Lessee, however Lessor may increase the rental rate and other fees. 3. Delivery and Installation/Return and Dismantle - Lessee shall pay for all costs of delivery of the Equipment to Lessee's site and return to Lessor’s site. Lessee shall be liable for all costs associated with site preparation and accessibility. Lessee shall be solely responsible for any damages to contents of the Equipment (“Contents”), the Equipment or Lessee’s premises or property arising in connection with the delivery or removal of any Equipment. Pricing for delivery and installation assumes a solid, suitable and accessible site. If Lessor determines the site to be unsuitable, Lessee may be liable for additional charges or consequential damages and any removal, repair or replacement of landscaping or obstacles will be at Lessee’s cost. Lessor reserves the right to require advance payment for all charges for delivery and return of the unit. In the event pick-up is attempted but the Equipment is not accessible or ready for pick-up, Lessee may be liable for the costs associated with said attempt. Pick-up of the Equipment shall be performed within a reasonable time after the Equipment is made available for pick-up. 4. Lease Payments and Deposit – Lessor shall deliver an invoice to Lessee in advance of each lease period (“Period”) for lease charges, which are subject to change without notice, taxes, the damage waiver program charge (“Damage Waiver”) and other charges set forth in invoices (collectively, “Charges”) delivered to Lessee. Lessee shall pay all Charges for each Period regardless of whether Lessor delivers an invoice to Lessee.Lessee shall pay Lessor a late charge equal to the greater of $25 or two percent (2%) per month, or the highest legal rate, of the unpaid Charges which begins accruing one Period after the Charges are due. No credit shall be due for partial lease periods. In the event Lessee has paid a deposit to Lessor, said deposit shall not be considered as final payment and shall only be refunded to Lessee upon satisfactory payment of all sums due under the Lease. 5. Use - Lessee shall use the Equipment in a careful and proper manner and shall comply with and conform to all national, state, municipal, police and other laws, ordinances and regulations in any way relating to the possession, use or maintenance of the Equipment. Lessee shall not store hazardous materials in any Equipment, remove any Equipment from the United States or alter the Equipment in any way. Lessee shall pay Lessor all Charges until any damaged Equipment is rental ready and all costs to clean, repair, restore to good working order or make ready for lease any Equipment, remove any locks from any Equipment or remove, store and dispose of any abandoned Contents. Lessee shall bear responsibility for all permitting and other related issues, unless specifically stated in the Lease. Lessee may not relocate Equipment without written permission from Lessor. All transactions hereunder shall be considered commercial transactions. Lessee is solely responsible for ensuring that the Equipment is suitable for its use. LESSOR MAKES NO WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, REGARDING THE EQUIPMENT OR SERVICES PROVIDED BY LESSOR, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, PERFORMANCE, QUALITY, DESIGN, CONDITION OR COMPLIANCE WITH LAW. Lessee leases the Equipment hereunder “as is.” Lessee shall have the right to inspect the Equipment at the place of delivery before delivery is considered complete. If Lessee rejects the Equipment at time of delivery, Lessee shall not be charged for its use. 6. Right to Lease –Lessee may not sub-lease the Equipment or assign any Lease without the prior written consent of Lessor. Lessor may assign or transfer its interest in this Lease without the prior consent of Lessee. 7. Care and Maintenance - Lessee, at its own cost and expense, shall keep the Equipment in good repair, condition and working order and shall furnish any and all parts, mechanisms and devices required to keep the Equipment in good mechanical working order. Lessee shall return the Equipment to Lessor in good repair, condition and working order. Lessee shall be responsible for all required repairs, missing Equipment, structural or cosmetic damage, lost keys, cleaning fees, and any other costs incurred by Lessee or Lessor to return the leased Equipment to its original condition. These costs will be charged upon return of the leased Equipment or termination of the Lease and are due upon demand. Damage to Lessor’s signage or stickers shall be considered damage to the Equipment. Lessee may not undertake any modification of, or major repair to, the Equipment without prior written authorization from Lessor. 8. Loss and Damage – Lessee hereby assumes and shall bear the entire risk of loss and damage to the Equipment and its Contents from any and every cause whatsoever. No loss or damage to the Equipment or any part thereof shall relieve Lessee of any obligation under this Lease, which shall continue in full force and effect through the term of the Lease. In the event of loss or damage of any kind whatever to the Equipment, Lessee shall, at Lessor's option, (i) repair the Equipment to good repair, condition and working order; or (ii) replace the same with like Equipment in good repair, condition and working order; or (iii) pay Lessor the greater of the book value or fair market value of any Equipment. Lessee’s payment of the Damage Waiver relieves Lessee of liability in excess of the amount for Equipment specified in the Damage Waiver for loss or damage caused by graffiti, theft, forced or attempted forced entry, earthquake, hail, windstorm, hurricane and tornado. The Damage Waiver shall not bind Lessor unless Lessee (a) takes reasonable precautions against theft and forced entry, (b) notifies Lessor of such event within 3 business days of discovery of such event, (c) delivers to Lessor satisfactory proof of the loss or damage and the police report regarding such event within 30 days of discovery of such event and (d) Lessee complies with the terms of this Lease. 9. Insurance - Lessee shall procure and continuously maintain and pay for: (A) all risk property insurance against loss of and damage to the Equipment for not less than the full replacement value of the Equipment, naming Lessor as loss payee, and (B) combined general liability and property damage insurance with limits as approved by Lessor, naming Lessor as an additional insured and loss payee with coverage that is primary and non-contributory, with 30 days written notice prior to cancellation or expiration. The insurance shall be in such form and with such company or companies as shall be reasonably acceptable to Lessor, shall provide written notice to Lessor of any cancellation, change or modification, and shall provide primary coverage for the protection of Lessee and Lessor without regard to any other coverage carried by Lessee or Lessor protecting against similar risks. Lessee shall provide Lessor with an original policy or certificate evidencing such insurance. SFQ-224989
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Equipment Lease Terms & Conditions 10. Equipment Damage Waiver - In the event the Lessee fails to deliver the required certificate or policy to the Lessor within 10 days after delivery of the leased Equipment or Lessee’s insurance is not in effect, Lessee shall be deemed to have accepted and shall pay for the Equipment Damage Waiver. The Damage Waiver is not insurance. The Equipment Damage Waiver shall only be in effect after Lessee submits payment for the Equipment Damage Waiver charges within the stated terms of the invoice. The Equipment Damage Waiver relieves Lessee of financial responsibility to Lessor in excess of $500 for storage Equipment and $1,000 for ground level offices, mobile offices, and modular buildings in the event that the leased Equipment is lost or damaged due to theft or act of god. The Equipment Damage Waiver is not total damage protection. If the Equipment is damaged due to neglect, vandalism, carelessness, or inadequate security, the Lessee is required to pay the cost of repairs regardless of whether the Lessee purchased an Equipment Damage Waiver. The Lessee may cancel the Equipment Damage Waiver upon receipt by Lessor of the required insurance certificate. The Equipment Damage Waiver does not relieve Lessee of its obligation to provide liability insurance. 11. Lessor's Payment of Fees - Lessee shall pay for all of the following arising from Lessee’s use of the Equipment: fees, permits, fines, taxes, penalties, towing charges, impound fees and other charges. In case of failure of Lessee to procure or maintain said insurance or to pay fees, assessments, charges and taxes, all as specified in this Lease, Lessor shall have the right, but shall not be obligated, to effect such insurance, or pay said fees, assessments, charges and taxes, as the case may be. In that event, the cost thereof shall be repayable to Lessor with the next lease payment installment, and failure to repay the same shall carry with it the same consequences as failure to pay any lease payment installment. 12. Indemnity - To the fullest extent allowed by law, Lessee shall defend, indemnify and hold harmless Lessor and its directors, officers, shareholders, employees, agents, affiliates and assigns (“Lessor Related Parties”) from and against all claims, damages, causes of actions, losses and expenses, including attorney’s fees, arising out of or resulting from the Lessee’s use of the Equipment, provided that such claim, damage, loss or expense (A) is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property including the loss of use resulting therefrom and (B) is caused in whole or in part by any negligent act or omission of Lessee or any of Lessee’s subcontractors, anyone directly or indirectly employed by any of them or for anyone for whose acts any of them may be liable, regardless of whether it is caused in part by a party indemnified hereunder. Lessor shall not be liable for any damages, loss of profits, loss of or damage to property stored in or around the Equipment, loss of business income, personal injury, death or other damages, direct or indirect, consequential or otherwise of Lessee or Lessee’s agents or invitees caused by or resulting directly or indirectly from any defect in the Equipment, transport of the Equipment or damage caused to Lessee’s property or goods caused by the negligence of Lessor, its employees or agents. Lessee shall indemnify, hold harmless, defend and reimburse each of the Lessor Related Parties from and against all losses, damages, death, claims, injuries, costs and attorney’s fees, whether or not caused by the concurrent negligence of Lessor Related Parties arising from (i) the loss of, damage to or destruction of Equipment due to collision, forces of nature, fire, explosion or other casualty, (ii) damage to Lessee’s goods or property caused during storage in or transport of the Equipment, (iii) any levy, attachment or repossession of the Equipment, (iv) any fine, liens, tax, assessment, penalty, towing, impound or other charges arising from Lessee’s use of the Equipment or (v) Lessee’s breach of this Lease. 13. Default - If Lessee fails to pay any Charges or other amount herein provided within the greater of one Period and ten (10) days after the same is due and payable, or if Lessee fails to observe, keep or perform any other provision of this Lease required to be observed, kept or performed by Lessee, Lessor shall have the right to exercise any one or more of the following remedies: (A) to declare the entire amount of Charges hereunder immediately due and payable without notice or demand to Lessee, (B) to sue for and recover all Charges and amounts owed under this Lease, then accrued or thereafter accruing, (C) to take possession of the Equipment, without demand or notice, wherever same may be located, without any court order or other process of law, and Lessee hereby waives any and all damages occasioned by such taking of possession, (D) to terminate this Lease and (E) to pursue any other remedy at law or in equity. Lessee grants Lessor a lien in all Contents and proceeds thereof to secure payment of the Charges in the event of default under this Lease. Lessee agrees to pay all costs of collection including, but not limited to, reasonable attorney’s or collection agency fees. Upon default interest on all unpaid amounts shall accrue at the rate of 21% per annum, compounded monthly, however, if this rate exceeds the maximum allowed by law, then interest will accrue at the maximum rate allowed by law, and Lessee agrees to pay said interest. Notwithstanding any repossession or any other action that Lessor may take, Lessee shall be and remain liable for the full performance of all obligations on the part of the Lessee to be performed under this Lease. All of Lessor's remedies are cumulative, and may be exercised concurrently or separately. 14. Bankruptcy - Lessee agrees to provide Lessor notice of any event of insolvency within 10 days of such event. Neither this Lease nor any interest therein is assignable or transferable by operation of law. If any proceeding under the Bankruptcy Act, as amended, is commenced by or against the Lessee, or if the Lessee is adjudged insolvent, or if Lessee makes any assignment for the benefit of his creditors, or if a writ of attachment or execution is levied on the Equipment and is not released or satisfied within ten (10) days thereafter, or if a receiver is appointed in any proceeding or action to which the Lessee is a party with authority to take possession or control of the Equipment, Lessor shall have and may exercise any one or more of the remedies set forth in Section 13 hereof; and this Lease shall, at the option of the Lessor, without notice, immediately terminate and shall not be treated as an asset of Lessee. 15. Ownership - The Equipment is, and shall at all times be and remain, the sole and exclusive property of Lessor; and the Lessee shall have no right, title or interest therein or thereto. Lessee shall keep the Equipment free and clear of all levies, liens and encumbrances. The Equipment shall not attach to or become part of any real property. 16. Additional Documents - If Lessor shall so request, Lessee shall execute and deliver to Lessor such documents as Lessor shall deem necessary or desirable for purposes of recording or filing to protect the interest of Lessor in the Equipment including, but not limited to a UCC financing statement. If Lessee has executed a credit guarantee agreement the terms of said agreement are incorporated into the terms of this Lease. 17. Entire Agreement - This Lease constitutes the entire agreement between the parties on the subject matter hereof and it shall not be amended, altered or changed except by a further writing signed by the parties hereto. Once signed, an officer of Lessor must authorize in writing all changes or amendments to this Lease. In case any provision of this Lease shall for any reason be held as invalid in any respect, there shall be no effect on any other provision of this Lease.
SFQ-224989
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Equipment Lease Terms & Conditions 18. Notices - Service of all notices, including all checks marked “paid in full” or with other endorsements, under this Agreement shall be sufficient if given personally or mailed certified, return receipt requested, postage prepaid, at the address hereinafter set forth, or to such address as such party may provide in writing from time to time: If to Lessor: Attention: Credit Manager, Pac-Van, Inc., 9155 Harrison Park Court, Indianapolis, IN 46216 or via email to
[email protected]. If to Lessee:
City of Raytown 10000 E 59th St Raytown, MO 64133
19. Forum Selection - With respect to any claim or dispute arising under or in connection with this Lease hereunder, or with respect to any proceedings to enforce this Lease in connection herewith, any such claim or matter may be filed and adjudicated in any state or federal court situated in Marion County, Indiana, and Lessee hereby consents and submits to personal jurisdiction over Lessee in any such court in Marion County, Indiana.
SFQ-224989
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Safeguarding Your Rented Equipment Rental Agreement No: SFQ-224989
Insurance for Rented Equipment and The Damage Waiver Option As the lessee, you bear the entire risk of loss or damage to the rented equipment and its contents from any and every cause. In the event of loss or damage, you will be responsible for either repairing the equipment, replacing the equipment, or paying Pac-Van or its designee the covered value of the equipment. No loss or damage shall relieve you of your financial obligations under the terms of your Lease. Any outstanding rent or fees will still be due in full.
You will be charged for the Damage Waiver unless you provide evidence of insurance. The Damage Waiver will be charged for each rental period unless you decline the Damage Waiver in writing and deliver to Pac-Van, Inc. a certificate of insurance from an insurance company acceptable to Pac-Van, Inc., meeting all of the following requirements: (1) coverage for loss of or damage to leased/rented equipment for the retail value as determined by the Lessor’s schedule of value of all equipment leased and Lessor must be named as the loss payee, (2) Lessee must carry comprehensive general liability insurance insuring both Lessor and Lessee against loss. The general liability insurance amounts must be 1,000,000 per occurrence. Lessor must be named as an additional insured on general liability, and (3) the policy must provide for at least 30 days written notice to PacVan, Inc. before cancellation of the insurance policy can be completed. Must be Waiver of Subrogation in favor of PacVan for General Liability. Coverage must be Primary and Non-Contributory.
Insurance Coverage Values: Building Size Storage Container Office Container 8’ & 10’ Wide Mobile Office 12’ Wide Mobile & Sales Office 24’ Wide Modular Building 28’ Wide or Larger Modular Building
Coverage $6,000 $25,000 $30,000 $45,000 $90,000 As Quoted
Agree to provide Insurance Certificate Accept Damage Waiver
Signature___________________________ Printed ___________________________ Title _____________________________ Company _________________________ Date ______________________________
www.pacvan.com
If proof of insurance is not provided within 10 days from the delivery date, Pac-Van shall, at its option, automatically add a Damage Waiver Fee to your periodic invoice. This fee is to provide coverage for the rented equipment on your behalf.
The Damage Waiver is NOT an insurance policy and does NOT cover your contents. The equipment damage waiver relieves you of your financial responsibility to Pac-Van in excess of $500 for storage containers and $1,000 for ground level offices, mobile offices, and modular buildings in the event that the leased equipment is lost or damaged due to theft or act of god.
Losses and Damage Not Covered by the Damage Waiver. Pac-Van, Inc. will NOT waive your liability for damage or loss involving the following circumstances: 1. Use or operation of the Equipment in a manner prohibited by or in breach of the rental agreement. 2. The unauthorized use or negligent or willful act of you, your employees or agents, improper use of the Equipment, overloading or improper load distribution, lack of maintenance or neglect of the Equipment. For example, without limitation, any damage to rental Equipment caused by a collision with a forklift. 3. Theft or loss of, or damage to, any Equipment contents. 4. Delivery, pickup or movement of equipment. 5. Damage or loss to a third party’s person or property resulting from any occurrence or accident involving a trailer or other rental unit, whether on-road or off-road. 6. Damage to a unit’s components or fixtures, including, without limitation, shelves, racks, cabinets, floor covering, window coverings, lights, HVAC, etc. 7. Fees for towing or storage. 8. Vandalism or malicious mischief, including graffiti. 9. Damage caused by any third party not expressly covered under the Damage Waiver, not representing Pac-Van, Inc. or you, including graffiti.
Damage Waiver Fee Per Billing Period: Equipment Size 10’/20’ Storage Container 40’ Storage Container 20’ Office Container 40’ Office Container 8’ Wide Mobile Office/Guardshack 10’ Wide Mobile Office 12’ Wide Mobile & Sales Office 14’ Wide Mobile Office 24’ Wide Modular Building 28’ Wide and larger Modular buildings and All Florida Modular Buildings
Waiver Fee $8 $12 $40 $45 $30 $45 $60 $80 $120 As Quoted
800.587.4887
PAC-VAN Modular Office Cost Double WideX2 Monthly Rent Office $ 1,700.00 Monthly Rent Steps $ 120.00 Utilities (Heat/Cool/H2O) $ 1,200.00 Subtotal $ 3,020.00 Times six $ 18,120.00
SATELLITE Double WideX2 $ 2,400.00 $ 70.00 $ 1,200.00 $ 3,670.00 $ 22,020.00
PAC-VAN Fourplex Unit $ 1,700.00 $ 90.00 $ 1,200.00 $ 2,990.00 $ 17,940.00
Delivery Pickup Skirting Set up Teardown
$ $ $ $ $ Subtotal $
1,240.00 1,240.00 2,800.00 5,800.00 5,500.00 16,580.00
$ $ $ $ $ $
1,440.00 1,440.00 3,200.00 8,012.00 6,575.00 20,667.00
$ $ $ $ $ $
1,240.00 1,240.00 1,700.00 5,600.00 5,500.00 15,280.00
Sewer 24 weeks Electric Hookup Water Hookup
$ $ $ Subtotal $ TOTAL $
7,200.00 4,000.00 5,000.00 16,200.00 50,900.00
$ $ $ $ $
7,200.00 4,000.00 5,000.00 16,200.00 58,887.00
$ $ $ $ $
7,200.00 4,000.00 5,000.00 16,200.00 49,420.00
3,000.00 $ 3,000.00 $
3,000.00 3,000.00
$
55,420.00
REQUIRED FOR ANY OFFICE SPACE Phone Hookup $ Computer Hookup $
3,000.00 $ 3,000.00 $
CITY OF RAYTOWN Request for Board Action Date: July 15, 2015 To: Mayor and Board of Aldermen From: Teresa Henry, City Clerk
Bill No. 6389-15 Section No. IV-A
Department Head Approval: City Administrator Approval:
Action Requested: Adopt the Ordinance. Recommendation: Adopt the Ordinance. Analysis: In 1991, the Missouri General Assembly adopted an ethics and personal financial disclosure law, which applied to all municipalities with an annual operating budget in excess of $1 million. Under the law, municipalities were allowed to adopt their own simplified personal financial disclosure requirements by ordinance (commonly known as “short form” reporting). The financial disclosure reporting requirements apply to each elected official, the City Administrator (as the Chief Administrative Officer and Chief Purchasing Officer), the Director of Finance (as the Chief Financial Officer), the City Clerk, the full-time General Counsel, the Park Board, and the Parks and Recreation Director. Each political subdivision desiring to use the “short form” is required to readopt the ordinance authorizing “short form” reporting every two years. However, in order to avoid the significant consequences of the failure to readopt the ordinance the recommended best practice is to adopt the ordinance annually. The ordinance must be adopted by September 15 and a copy must be provided to the Missouri Ethics Commission.
Alternatives: Alternative is to not adopt and require “long form” reporting by officials of the City of Raytown.
V:\Board of Aldermen Meetings\Agendas\Agendas 2015\07-21-15\Ord Financial Disclosure July 2015 RBA.doc
BILL NO. 6389-15
ORDINANCE NO. ____
SECTION NO. IV-A
AN ORDINANCE ESTABLISHING A PROCEDURE TO DISCLOSE POTENTIAL CONFLICTS OF INTEREST AND SUBSTANTIAL INTERESTS FOR CERTAIN MUNICIPAL OFFICIALS IN THE CITY OF RAYTOWN, MISSOURI WHEREAS, the proper operation of municipal government requires that public officials and employees be independent, impartial and responsible to the people; that government decisions and policy be made in the proper channels of the governmental structure; that public office not be used for personal gain; and that the public have confidence in the integrity of its government; and WHEREAS, in recognition of these goals, there is hereby established a procedure for disclosure by certain officials and employees of private financial or other interests in matters affecting the City; and WHEREAS, State law requires that the procedure for disclosure of such interests be adopted by each public subdivision every two years and that a copy of the ordinance be provided to the Missouri Ethics Commission on or before September 15; and WHEREAS, the City of Raytown has determined it is in the best interest of the citizens of the City to reaffirm it’s commitment to disclose such interests and adopt such procedures annually; NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF ALDERMEN OF THE CITY OF RAYTOWN, MISSOURI, AS FOLLOWS: SECTION 1 – RE-ADOPTION OF CITY CODE SECTION 2-131. That Chapter 2, Administration, Article III, Officers and Employees, Division 2, Ethical Standards, Section 2-131, Disclosure reports, of the City Code is hereby adopted to read as follows: Sec. 2-131. Disclosure reports. Each elected official, the city administrator (as the chief administrative officer and purchasing officer), the Director of Finance (as the chief financial officer), the City Clerk, the full-time General Counsel, the Park Board, and the Parks and Recreation Director, shall disclose the following information by May 1 if any such transactions occurred during the previous calendar year: (1)
For such person, and all persons within the first degree of consanguinity or affinity of such person, the date and the identities of the parties to each transaction with a total value in the excess of five hundred dollars ($500.00), if any, that such person had with the political subdivision, other than compensation received as an employee or payment of any tax, fee or penalty due to the political subdivision, and other than transfers for no consideration to the political subdivision.
(2)
The date and the identities of the parties to each transaction known to the person with a total value in excess of five hundred dollars ($500.00), if any, that any business entity in which such person had a substantial interest, had with the political subdivision, other than payment of any tax, fee or penalty due to the political subdivision or transactions involving payment for providing utility service to the political subdivision, and other than transfers for no consideration to the political subdivision.
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BILL NO. 6389-15
(3)
ORDINANCE NO. ____
SECTION NO. IV-A
The City Administrator (as Chief Administrative Officer and Chief Purchasing Officer) shall also disclose by May 1 for the previous calendar year the following information: a.
The name and address of each of the employers of such person from whom income of one thousand dollars ($1,000.00) or more was received during the year covered by the statement.
b.
The name and address of each sole proprietorship that he owned; the name, address and the general nature of the business conducted of each general partnership and joint venture in which he was a partner or participant; the name and address of each partner or co-participant for each partnership or joint venture unless such names and addresses are filed by the partnership or joint venture with the secretary of state; the name, address and general nature of the business conducted of any closely held corporation or limited partnership in which the person owned ten (10) per cent or more of any class of the outstanding stock or limited partnership units; and the name of any publicly traded corporation or limited partnership that is listed on a regulated stock exchange or automated quotation system in which the person owned two (2) percent or more of any class of outstanding stock, limited partnership units or other equity interests.
c.
The name and address of each corporation for which such person served in the capacity of a director, officer or receiver.
SECTION 2 – RE-ADOPTION OF CITY CODE SECTION 2-132. That Chapter 2, Administration, Article III, Officers and Employees, Division 2, Ethical Standards, Section 2-132, Filing of disclosure reports, of the City Code is hereby adopted to read as follows: Sec. 2-132. Filing of disclosure reports. The disclosure report shall be filed at the following times, but no person is required to file more than one (1) report in any calendar year: (1)
Each person appointed to office who is required to report under section 2-131 shall file the report within thirty (30) days of such appointment or employment.
(2)
Every other person required to file a report shall file the same annually not later than May 1 and the report shall cover the calendar year ending the immediately preceding December 31; provided that any member of the Board of Aldermen may supplement the report to disclose additional interests acquired after December 31 of the covered year until the date of filing the report.
(3)
The reports shall be filed with the City Clerk and the Ethics Commission. The reports shall be available for public inspection and copying during normal business hours.
SECTION 3 – CITY CLERK TO NOTIFY MISSOURI ETHICS COMMISSION. The City Clerk is hereby directed to provide a copy of this ordinance to the Missouri Ethics Commission on or before September 15, 2015.
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BILL NO. 6389-15
ORDINANCE NO. ____
SECTION NO. IV-A
SECTION 4 – REPEAL OF ORDINANCES IN CONFLICT. That all ordinances or parts of ordinances in conflict with this ordinance are hereby repealed. SECTION 5 – EFFECTIVE DATE. That this ordinance shall be in full force and effect from and after the date of its passage and approval. BE IT REMEMBERED that the above was read two times by heading only, PASSED AND ADOPTED by a majority of the Board of Aldermen and APPROVED by the Mayor of the City of Raytown, Jackson County, Missouri, this 21st day of July, 2015.
___________________________________ Michael McDonough, Mayor ATTEST:
______________________________ Teresa M. Henry, City Clerk Approved as to Form:
___________________________________ Joe Willerth, City Attorney
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