City Council Agendas

BLUE SPRINGS CITY COUNCIL MEETING March 18, 2013 6:30p.m. Multipurpose Room of Howard L. Brown Public Safety Facility 1100 SW Smith Street Blue Springs, Missouri PLEASE NOTE: Anyone wishing to address the Mayor and Council, either in a Public Hearing or in the Visitors Section of the Agenda, must fill out a Speaker’s Appearance Form. Forms are located at the entrance door of the Multipurpose Room. After completion, the form is to be given to the Deputy City Administrator. 1. Call meeting to order 2. Pledge of Allegiance 3. Consent Agenda • All matters under Item 3, Consent Agenda, are considered to be routine by the City Council and will be enacted by one motion in the form listed below. There will be no separate discussion of these items. If discussion is desired, that item will be removed from the Consent Agenda and will be considered separately. a. Approve minutes of March 4 Council meeting b. Adopt Resolution No. 18-2013 approving contract with 3Mat Co. a/k/a Precision Concrete Cutting Midwest for sidewalk repair with overlay project c. Adopt Resolution No. 19-2013 approving agreement for the Parks & Recreation Department to sell consignment tickets to various amusement & theme parks d. Approve new liquor license for Wal-Mart Stores East I, LP dba Wal-Mart Market #5149 to sell intoxicating liquors in the original package, including Sunday Sales, located at 1700 N 7 Highway 4 Presentation –Blue Springs School District’s April 2013 No-Tax Increase Bond Issue – Dr. Paul Kinder 5. Adopt Resolution No. 20-2013 waiving the construction and building permit fees related to the Blue Springs School District’s April 2013 No-Tax Increase Bond Issue 6. Introductions & readings Bill No. 4251 amending the Blue Springs Code of Ordinances by adding Section 220.296 to make it unlawful to abuse a child 7. Mayoral Announcements • Thoughts to Ponder 8. Visitors 9. Executive Session to discuss real estate matters pursuant to Section 610.021(2) of the Revised Statues of Missouri 10. Adjournment Miscellaneous Items Chamber of Commerce Candidate Forum - Thursday, March 21, 11:30 a.m., Adams Pointe Conference Center, 1400 NE Coronado Dr Planning Commission - Monday, March 25, 6:30 p.m., Multipurpose Room of Howard L. Brown Public Safety Building, 1110 SW Smith Solid Waste Management – Wednesday, March 27, 6:00 p.m., East Conference Room of City Hall, 903 W Main City Council- Monday April 1, 6:30 p.m., Multipurpose Room of Howard L. Brown Public Safety Building, 1100 SW Smith Municipal City Election – Tuesday, April 2 Veterans Way Memorial Dedication – Tuesday, April 2, 3:00 – 5:00 p.m., Pink Hill Park, 2715 Park Hill Road Park Commission – Wednesday, April 3, 6:00 p.m., East Conference Room of City Hall, 903 W Main  City of Blue Springs Memorandum Office of Administration TO: Mayor, City Council, Department Directors, and Press FROM: Eric Johnson City Administrator DATE: March 14, 2013 SUBJECT: Agenda Explanations Item 3b – Resolution approving a contract with 3Mat Co. a/k/a Precision Concrete Cutting Midwest for sidewalk repair with overlay project Resolution will approve a contract with 3Mat Co. a/k/a Precision Concrete Cutting Midwest on sidewalk concrete cutting in conjunction with the overlay project. Due to the Americans with Disabilities Act requirements, sidewalks adjacent to streets to be overlaid need to be brought into compliance with current ADA regulations. This will allow sidewalks to be brought into compliance and necessary repairs to be made. Refer to the Council Information Form from Chris Sandie, Interim Director of Public Works, for further information. Item 3c- Resolution approving an agreement for the Parks & Recreation Department to sell consignment tickets to various amusement & theme parks Resolution will allow Parks & Recreation to enter into agreements to sell consignment tickets to amusement or theme parks and other private or commercial attractions. The Blue Springs Parks & Recreation Department has an annual agreement through Missouri Parks & Recreation to sell the consignment tickets. Refer to the Council Information Form from Dennis Dovel, Director of Parks & Recreation, for further information. Item 3d- Approve new liquor license for Wal-Mart Stores East I, LP dba Wal-Mart Market #5149 Applicant has requested approval of a new liquor license for Wal-Mart Stores East I, LP dba Wal-Mart Market #5149 to sell intoxicating liquors in the original package, including Sunday sales. Wal-Mart Market #5149 is located at 1700 N 7 Hwy, Blue Springs, MO 64014. Staff recommends approval. Item 4- Presentation- Blue Springs School District’s April 2013 No-Tax Increase Bond Issue Dr. Paul Kinder, Superintendent of the Blue Springs School District, will make a presentation on the Blue Springs School District’s April 2013 No-Tax Increase Bond Issue. Item 5- Resolution waiving the construction and building permit fees related to the Blue Springs School District’s April 2013 No-Tax Increase Bond issue Resolution will waive the construction and building permit fees related to the Blue Springs School District’s April 2013 No-Tax Increase Bond Issue. The building fees are estimated at $104,000 and the will be used as part of their local FEMA grant match requirements for building upgrades. Item 6- Bill amending the Blue Springs Code of Ordinances by adding Section 220.296 making it unlawful to abuse a child Bill will amend the Blue Springs Code of Ordinances, City of Blue Springs, Missouri, by adding Section 220.296 to make it unlawful to abuse a child. The ordinance would provide the Police Department with the flexibility of bringing charges in the City’s Municipal Court against a person who abuses a child. The Ordinance follows state law as to the state crime of abuse of a child. Refer to Council Information Form from Bob McDonald, City Attorney, for further information.  Not Approved CITY OF BLUE SPRINGS, MISSOURI MINUTES OF COUNCIL MEETING March 4, 2013 A meeting of the City Council of the City of Blue Springs, Missouri, was held Monday, March 4, 2013, 6:30 p.m. in the Multipurpose Room of the Howard L. Brown Public Safety Facility, 1100 SW Smith Street, with Mayor Carson Ross presiding. COUNCILMEN Jeff Quibell Dale Carter IN ATTENDANCE Chris Lievsay Kent Edmondson Ron Fowler Grant Bowerman Also present were City Administrator Eric Johnson, City Attorney Bob McDonald and City Clerk Kathy Richardson CALL MEETING Mayor Ross called the City Council meeting to order. TO ORDER PLEDGE OF The Mayor held a moment of silence and then led the audience in the Pledge of ALLEGIANCE Allegiance. MAYOR Mayor Ross gave a brief recap of the meeting agenda and explained the COMMENTS Consent Agenda. APPROVE CITY Councilman Edmondson moved to approve the minutes of the February 19, COUNCIL MINUTES 2013 Council meeting. Motion seconded by Councilman Carter and carried with the following votes: Quibell – Aye Carter – Aye Lievsay – Aye Edmondson – Aye Fowler – Aye Bowerman – Aye ADOPT RESOLUTION - Councilman Edmondson moved to adopt Resolution No. 14-2013 approving a NO. 14-2013 utility permit application and pipeline crossing contract with the Kansas City UTILITY CONTRACT Southern Railway Company (KCS) for a new sanitary sewer force main on WITH KANSAS CITY Woods Chapel Road. Motion seconded by Councilman Carter and carried SOUTHERN RAILWAY with the following votes: Quibell - Aye Carter - Aye Lievsay – Aye Edmondson – Aye Fowler – Aye Bowerman – Aye ADOPT RESOLUTION - Councilman Edmondson moved to adopt Resolution No. 15-2013 approving NO. 15-2013 an agreement with the Kansas City Southern Railway Company (KCS) for the GRADE CROSSING removal and reconstruction of a railroad grade crossing improvement on IMPROVEMENT Woods Chapel Road. Motion seconded by Councilman Carter and carried with AGREEMENT WITH the following votes: KANSAS CITY SOUTHERN RAILWAY Quibell- Aye Carter- Aye Lievsay- Aye Edmondson- Aye Fowler – Aye Bowerman – Aye  Not Approved COUNCIL MINUTES March 4, 2013 PAGE 2 APPROVE LIQUOR Councilman Edmondson moved to approve Wanna Piece, LLC dba Pizza LICENSE CHANGE FOR Shoppe change of liquor license to by the drink including Sunday sales. Pizza WANNA PIECE DBA Shoppe is located at 1402 NW 7 Hwy, Blue Springs, MO. Motion seconded by PIZZA SHOPPE Councilman Carter and carried with the following votes: Quibell- Aye Carter- Aye Lievsay- Aye Edmondson- Aye Fowler- Aye Bowerman- Aye ADOPT RESOLUTION - Councilman Edmondson moved to adopt Resolution No. 16-2013 approving NO. 16-2013 an amendment to an agreement dated October 20, 2008, with TranSystems AMENDMENT TO Corporation for professional engineering services on Woods Chapel Road. AGREEMENT WITH Motion seconded by Councilman Carter and carried with the following votes: TRANSYTEMS CORPORATION Quibell - Aye Carter- Aye Lievsay – Aye Edmondson- Aye Fowler – Aye Bowerman – Aye ADOPT RESOLUTION - Councilman Edmondson moved to adopt Resolution No. 17-2013 approving a NO. 17-2013 contract with Infinity Building Services, LLC for providing mowing services CITY MOWING for City sites and right-of-ways. Motion seconded by Councilman Carter and SERVICES CONTRACT carried with the following votes: Quibell - Aye Carter- Aye Lievsay – Aye Edmondson- Aye Fowler – Aye Bowerman – Aye PRESENTATION- Larry Gates with Rockgate Management made a presentation requesting ADAMS POINTE funding for updates to the Adams Pointe Conference Center. The staff is CONFERENCE CENTER seeking authorization from City Council to allocate funds from the Adams Pointe Conference Center building maintenance fund in order to make improvement to the interior of the facility. He stated that the facility was thirteen (13) years old and has held up quite well due to the aggressive maintenance that had been performed by staff, however, they could no longer patch and band-aid issues. Some of the improvements include: a new lobby for the Courtyard by Marriot, including a smart board and upgraded technology; the installation of a bistro; and a new front desk. The conference center needs: new carpet, vinyl, staging, tallboy tables, automatic doors and major restroom renovations. All of the upgrades to the hotel would cost a total of $700,000; they are asking the City for a contribution of $450,000 for the conference center upgrades. Mr. Gates stated that Rockgate would make the hotel upgrades. He also stated that while the usage demand for the conference center might not be as high as expected, the center maintains excellent service and has always received compliments. He commented that the Adams Dairy Parkway retail site is in place and the University of Missouri Extension Campus is also coming along, which should boost revenue to the conference center and hotel. He requested the funds so that they could remain competitive with the new Drury Inn and Hilton Garden Inn, which is also currently undergoing renovations. All proposed repairs would hopefully be completed by March of 2014 should the funds be allocated soon. Eric Johnson, City Administrator, informed the Council that the City issued bonds in 1999 for the building and a reserve maintenance fund was set up that  Not Approved COUNCIL MINUTES March 4, 2013 PAGE 3 is currently at $600,000. He is asking for $450,000 to be allocated and that $150,000 be set aside for outside repairs. He also stated that tonight’s presentation was a discussion only and that if they all agreed then they could bring forth a vote on the improvements at the next meeting. INTRODUCTION & 1ST Councilman Edmondson introduced Bill No. 4250 adding a new title “Title READING – VIII: Redevelopment” and a new chapter “Chapter 800: Blue Springs Land BILL NO. 4250 Bank Agency” to the Blue Springs Code of Ordinances to create a Blue CREATING BLUE Springs Land Bank Agency. Councilman Fowler moved to approve Bill No. SPRINGS LAND BANK 4250 upon its first reading and proceed with the second reading. Motion AGENCY seconded by Councilman Lievsay and carried unanimously. 2ND READING- Mr. Johnson made the second reading of Bill No. 4250, by title. Councilman BILL NO. 4250 Quibell moved to adopt Bill No. 4250 upon its second reading and give it ORDINANCE NO. 4429, with a copy attached hereto and made a part of the minutes. Motion seconded by Councilman Edmondson and carried with the following votes: Lievsay- Aye Edmondson- Aye Fowler- Aye Bowerman- Aye Carter- Aye Quibell- Aye MAYORAL 1. Mayor Ross acknowledged Interim Public Works Director Chris ANNOUNCEMENTS Sandie, Jeff Mock, Public Works Operations Managers, and the entire Public Works staff on the wonderful job they did during the snow storms and the snow removal, saying that they did outstanding work. Chris Sandie stated that on behalf of the 43 employees who worked during the snow removal process he accepted the thanks and appreciated the acknowledgement. 2. Mayor Ross reminded everyone that the “State of the City” speech had been rescheduled for Monday, April 15. 3. Municipal Election Day is Tuesday, April 2; the Mayor reminded everyone to get out and vote! 4. Tuesday, April 2 for the Veteran’s Way Memorial dedication ceremony will be held at Pink Hill Park from 3-5 p.m. Thoughts to Ponder: “It is never too late to be what you might have been.” George Eliot ADJOURNMENT At 6:46 p.m. there was no further business to come before the Council; Councilman Bowerman moved the meeting be adjourned. Motion seconded by Councilman Lievsay and carried with the following votes: Fowler – Aye Bowerman – Aye Carter – Aye Quibell– Aye Edmondson- Aye Lievsay- Aye _____________________________________ ATTEST: Carson Ross, Mayor ______________________________  Not Approved COUNCIL MINUTES March 4, 2013 PAGE 4 Kathy Richardson, City Clerk M003042013  Council Meeting Date: 3/18/2013 Agenda Item # 3b Page 1 of 2 CITY OF BLUE SPRINGS CITY COUNCIL INFORMATION FORM DATE: March 1, 2013 SUBMITTED BY: Chris Sandie DEPARTMENT: Public Works Ordinance Resolution Presentation Public Hearing Agreement Discussion Rezoning Other ISSUE/REQUEST The Public Works Department is requesting permission to enter into an agreement with 3MAT Co. a/k/a Precision Concrete Cutting Midwest to provide concrete cutting on sidewalks in conjunction with the overlay project. BACKGROUND/EXPLANATION Due to American with Disabilities Act requirements, the sidewalks adjacent to streets to be overlaid need to have the sidewalks brought into compliance with the current ADA regulations. This includes installing proper ramps and truncated dome panels along with fixing trip hazards. Trip hazards that are greater than two inches in height require sidewalk section replacement. Hazards between ¼ inch and 1 and ¾ inches may be trimmed flush. JUSTIFICATION The average cost to replace a section of sidewalk is $120.00, but on those sections that can be trimmed, the average cost is $53 dollars. Cutting costs are less than half of replacement. There are 669 locations identified to be corrected by utilizing the cutting method instead of replacement. 3MAT Co. a/k/a Precision Concrete Cutting Midwest is a sole source provider because they are the only company that provides a smooth cut with vacuum retrieval of dust and debris located in the metropolitan area. 3MAT Co. a/k/a Precision Concrete Cutting Midwest also has a contract with Blue Springs for on call services. FINANCIAL IMPACT Contractor: 3MAT Co. a/k/a Precision Concrete Cutting Midwest Amount of Request/Contract: $35,028 Amount Budgeted: $200,000 Funding Source/Account Number: 310.72000.530280.000 CIP ST-44 Additional Funds Needed: N/A Funding Source/Account Number: Rev 03/01/2012  Council Meeting Date: 3/18/2013 Agenda Item # 3b Page 2 of 2 Tax Impact/Analysis: Abatement/Incentives: Escrow: PROJECT TIMELINE Estimated Start Date Estimated End Date March 25, 2013 June 30, 2013 STAFF RECOMMENDATION Public Works Staff recommends awarding the contract to 3MAT Co. a/k/a Precision Concrete Cutting Midwest for Trip Hazard Removal as they are a sole source provider of this service. A sample of the work has been provided and is satisfactory. Their work is ADA compliant, provides a significant cost savings and is environmentally friendly. OTHER BOARDS & COMMISSIONS ASSIGNED Name of Board or Commission: N/A Date: Action: LIST OF REFERENCE DOCUMENTS ATTACHED 1. Resolution with proposed contract attached IF CONTRACT REQUIRED: 1. E-Verify Affidavits Required? Yes 2. Contract/Affidavits Executed? Yes REVIEWED BY Requesting Director: Finance: Chris Sandie PW/Engineering: Legal: City Administrator: Other: Rev 03/01/2012 Introduced by Councilman Resolution No. 18-2013 RESOLUTION A RESOLUTION APPROVING A CONTRACT WITH 3MAT CO. A/K/A PRECISION CONCRETE CUTTING MIDWEST FOR SIDEWALK REPAIR WITH OVERLAY PROJECT WHEREAS, the City of Blue Springs will bring sidewalks adjacent to streets to be overlaid into compliance with the current regulations; and WHEREAS, the Public Works Engineering Department prepared specifications and secured quotations for concrete cutting on sidewalks in conjunction with the overlay project; and WHEREAS, the Department received 1 bid and now recommends that we award a contract to 3MAT Co a/k/a Precision Concrete Cutting Midwest, 11922 Stearns St., Overland Park, KS 66213 for work based on scope of services in the amount of $35,028.00. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BLUE SPRINGS, MISSOURI, as follows: 1. The City Administrator has the authority and is hereby authorized to enter into a contract with 3mat Co. a/k/a Precision Concrete Cutting Midwest, 11922 Stearns St., Overland Park, KS 66213, for concrete cutting. A copy of the proposed agreement is attached hereto as Exhibit “A” and is incorporated herein. 2. City Staff is directed to perform all tasks necessary to implement said agreement. PASSED by the City Council of the City of Blue Springs, Missouri, and approved by the Mayor of Blue Springs, this 18th day of March, 2013. CITY OF BLUE SPRINGS _________________________ Carson Ross, Mayor ATTEST: ________________________________ Kathy Richardson, City Clerk Sidewalkoverlay3/18/2013 Rev. 03/01/2012 “Exhibit A” CITY CONTRACTOR Name: 3MAT Co. a/k/a Precision Concrete Cutting Midwest CITY OF BLUE SPRINGS 903 MAIN ST Address: 11922 Stearns St. BLUE SPRINGS, MO 64015 Overland Park, KS 66213 Attention: Pat Capranica Attention: Charlie Chamblin Department: Public Works Engineering Phone: 913-851-2004 Fax: Phone: 816-228-0121 Fax: 816-228-0296 Tax ID Number: 26-4644051 CONTRACTOR AGREEMENT (CONTRACT) THIS AGREEMENT, made and entered into this 18th day of March, 2013, by the parties identified above. WITNESSETH: THAT, WHEREAS, the City of Blue Springs desires to engage the Contractor to perform certain professional and technical services, construction and labor and/or provide, materials and equipment as hereafter described in connection with a project more particularly described in Exhibit A; and WHEREAS, the Contractor made certain representations and statements to the City with respect to the provision of such services and the City has accepted said proposal; NOW, THEREFORE, for the considerations herein expressed, it is agreed by and between the City and the Contractor as follows: 1. Services. The City agrees to engage the services of the Contractor and the Contractor agrees to perform the services hereinafter set forth in connection with projects described in Exhibit A in accordance with the standard of care, skill, expertise, materials, and requirements set forth in the drawings and specifications. 2. Addition to Services. The City may add to the Contractor services or delete therefrom activities based on unit cost as set forth in Exhibit A or the bid document(s) associated with this Contract, or by written Change Orders that may be agreed to by both the City and Contractor, provided that the total cost of such work will be added to, or deleted from, the total cost as specified in Paragraph 6 hereof. The Contractor shall undertake such changed activities only upon the direction of the City. All such directives and changes shall be in written form and prepared and approved by the Department Head for the City as related to this contract, or his designee, with approval of the City Council if required, and shall be accepted and countersigned by the Contractor. 3. Exchange of Data. All information, data, plans, and reports in the City’s possession and necessary for the carrying out of the work, shall be furnished to the Contractor without charge, and the parties shall cooperate with each other in every way possible in carrying out the scope of services. 4. Personnel. The Contractor represents that Contractor will secure at Contractor’s own expense, all personnel required to perform the services called for under this contract by Contractor. Such personnel shall not be employees of or have any contractual relationship with the City except as employees of the Contractor. All of the services required hereunder will be performed by the Contractor or under Contractor’s direct supervision and all personnel engaged in the work shall be fully qualified and shall be authorized under state and local law to perform such services. None of the work or services covered by this contract shall be subcontracted without the written approval of the City. 5. Term. The services of the Contractor shall commence as soon as practicable after the execution of this contract, unless otherwise directed in writing, and shall be undertaken and completed in such sequence as to assure their expeditious completion in the light of the purposes of the contract, but in any event, all of the services required hereunder shall be completed as set forth in the schedule for the project which is attached hereto as Exhibit A. 1 Rev. 03/01/2012 “Exhibit A” 6. Costs not to Exceed. The City of Blue Springs is limited by law and its bidding and procurement process with respect to the amount of money it can pay. Therefore, the City has established a fixed sum amount, based on the bid proposal after a competitive bidding process, as described in the Maximum Payment section of Exhibit A for this contract which cannot be exceeded unless this contract is amended. The Contractor shall notify the City if Contractor anticipates that the contract amount may be exceeded, in order to determine whether or not the City is prepared to increase the total compensation. 7. Payment. a. Conditioned upon acceptable performance. Provided Contractor performs the services in the manner set forth in paragraph 1 hereof, the City agrees to pay the Contractor in accordance with the terms set forth in Exhibit A, which shall constitute complete compensation for all services to be rendered under this contract; provided, that where payments are to be made periodically to Contractor for services rendered under this contract, the City expressly reserves the right to disapprove in whole or in part a request for payment where the services rendered during the period for which payment is claimed are not performed in a timely and satisfactory manner in accordance with the schedule and description of services set forth in Exhibit A. b. Total compensation not to exceed. It is expressly understood that in no event will the total compensation and reimbursement to be paid to the Contractor under the terms of this contract exceed, the sum of thirty five thousand twenty eight Dollars ($35,028.00) unless agreed to by City and Contractor in writing. 8. Termination of Contract. a. Termination for breach. Failure of the Contractor to fulfill Contractor 's obligations under this contract in a timely and satisfactory manner in accordance with the schedule and description of services set forth in Exhibit A shall constitute a breach of the contract, and the City shall thereupon have the right to immediately terminate the contract. The City shall give written notice of termination to the Contractor by one of three different means: Facsimile Transmission ("FAX") if Contractor has a FAX number; U.S. Postal Service Mails; or by hand delivering a copy of the same to the Contractor; or may give notice by any combination of the above methods. The date of termination shall be the date upon which notice of termination is hand delivered to Contractor or given by FAX, or the third day following mailing of the notice of termination, whichever first occurs. In the event of termination for breach, all finished or unfinished deconstruction, reconstruction, new construction, repairs, and materials as required of the Contractor under this contract shall at the option of the City become its property, and the Contractor shall be entitled to receive just and equitable compensation for any satisfactory work completed on such project; provided, that the Contractor shall not be relieved of liability to the City for damages sustained by the City by virtue of any such breach of the contract by the Contractor. b. Termination for Convenience. The City shall have the right at anytime by written notice to Contractor to terminate and cancel this contract, without cause, for the convenience of the City, and Contractor shall immediately stop work. In such event City shall not be liable to Contractor except for payment for actual work performed prior to such notice in an amount proportionate to the completed contract price and for the actual costs of preparations made by Contractor for the performance of the cancelled portions of the contract, including a reasonable allowance of profit applicable to the actual work performed and such preparations. Anticipatory profits and consequential damages shall not be recoverable by Contractor. 9. Conflicts. No salaried officer or employee of the City and no member of the City Council shall have a financial interest, direct or indirect, in this contract. A violation of this provision renders the contract void. Any federal regulations, and applicable provisions in Section 105.450 et seq. RSMo. shall not be violated. Contractor covenants that it presently has no interest and shall not acquire any interest, direct or indirect, which would conflict in any manner or degree with the performance of services to be performed under this contract. The Contractor further covenants that in the performance of this contract no person having such interest shall be employed. 10. Assignment. The Contractor shall not assign any interest in this contract, and shall not transfer any interest in the same (whether by assignment or novation), without prior written consent of the City thereto. Provided, however, that claims for money due or to become due to the Contractor from the City under this contract may be assigned to a bank, trust company, or other financial institution without such approval. Notice of such assignment or transfer shall be furnished in writing promptly to the City. Any such assignment is expressly subject to all rights and remedies of the City under this agreement, including the right to change or delete activities from the contract or to terminate the same as provided herein, and no such assignment shall require the City to give any notice to any such assignee of any actions which the City may take under this agreement, though City will attempt to so notify any such assignee. 2 Rev. 03/01/2012 “Exhibit A” 11. Discrimination. The Contractor agrees in the performance of this contract not to discriminate on the ground or because of race, creed, color, national origin or ancestry, sex, religion, handicap, age, or political opinion or affiliation, against any employee of Contractor or applicant for employment and shall include a similar provision in all subcontracts let or awarded hereunder. 12. Occupational License: The Contractor shall obtain and maintain an occupational license with the City of Blue Springs, Missouri, if required by City Code and any required state or federal license. The cost for this occupational license shall be borne by the Contractor. Contractor shall not purchase materials or begin work on this contract until this occupational license has been obtained. 13. Compliance with Laws. Contractor agrees to comply with all applicable federal, state and local laws or rules and regulations applicable to the provision of services and products hereunder. Contractor affirmatively states that payment of all local, state, and federal taxes and assessments owed by Contractor is current. 14. Nonresident/Foreign Contractors. The Contractor shall procure and maintain during the life of this contract: a. If the Contractor is a foreign corporation, a certificate of authority to transact business in the State of Missouri from the Secretary of State, unless exempt pursuant to the provisions of Section 351.572 RSMo. (See also, Section 351.574 RSMo as to consequences of failing to comply.) b. A certificate from the Missouri Director of Revenue evidencing compliance with the transient employer financial assurance law, unless exempt pursuant to the provisions of Section 285.230 RSMo. 15. General Independent Contractor Clause. This agreement does not create an employee/employer relationship between the parties. It is the parties' intention that the Contractor will be an independent contractor and not the City's employee for all purposes, including, but not limited to, the application of the Fair Labor Standards Act minimum wage and overtime payments, Federal Insurance Contribution Act, the Social Security Act, Missouri Prevailing Wage requirements, the Federal Unemployment Tax Act, the provisions of the Internal Revenue Code, Missouri revenue and taxation laws, Missouri workers' compensation and unemployment insurance laws. The Contractor will retain sole and absolute discretion in the judgment of the manner and means of carrying out the Contractor's activities and responsibilities hereunder. The Contractor agrees that it is a separate and independent enterprise from the public employer, that it has a full opportunity to find other business, that it has made its own investment in its business, and that it will utilize a high level of skill necessary to perform the work. This agreement shall not be construed as creating any joint employment relationship between the Contractor and the City, and the City will not be liable for any obligation incurred by the Contractor, including but not limited to unpaid minimum wages and/or overtime premiums. 16. City Benefits. The Contractor shall not be entitled to any of the benefits established for the employees of the City nor be covered by the Worker's Compensation Program of the City. 17. Insurance. Contractor agrees to maintain insurance as set forth below and provide to City certificates of coverage evidencing said coverage within fifteen (15) days of the time of the signing of this Agreement, which certificates, if available and possible, contains a provision that the policy will not be cancelled unless and until thirty (30) days’ notice of said cancellation has been given to the City, but, in any event, the Contractor, any time after the Agreement has been signed, shall notify the City of any impending cancellation, actual cancellation, termination or nonrenewal of the policy by faxing or delivering to the City a copy of the insurer's cancellation, termination or nonrenewal notice to Contractor within two (2) business days of Contractor’s receipt of said notice. Contractor shall also advise the City in writing within two (2) business days of any oral or other advisement by the insurer of any impending cancellation, actual cancellation, termination or nonrenewal of the policy. (If the City gives written permission for some of the work under this contract to be subcontracted or it is subcontracted, Contractor shall assure that the subcontractor has the insurance set forth below and that the City and Contractor are listed as an additional insured on all of subcontractor’s policies): a. Comprehensive General Liability: Minimum limit $2,000,000 combined single limit for bodily injury and property damage per occurrence with City named as an additional insured on the policy. b. Comprehensive Automobile Liability: $2,000,000 combined single limit with City named as an additional insured on the policy. c. Workers’ Compensation: statutory requirements. 3 Rev. 03/01/2012 “Exhibit A” 18. Liability and Indemnity. The parties mutually agree to the following: a. In no event shall the City be liable to the Contractor for special, indirect, or consequential damages, except those caused by the City's gross negligence or willful or wanton misconduct arising out of or in any way connected with a breach of this contract. The maximum liability of the City shall be limited to the amount of money to be paid or received by the City under this contract. b. The Contractor shall defend, indemnify, and hold the City and its elected or appointed officials, officers, employees and agents harmless from and against all actual claims and alleged claims and all damages, including but not limited to losses, liabilities, costs, expenses and attorney fees arising out of personal injuries, including illness or death, and damage to, or destruction of, property, which are caused by the Contractor or the Contractor’s agents, employees, sub- contractors or by others for whom Contractor is liable arising out of or in any way connected with or resulting from, performance of, or failure to perform, this contract. c. The Contractor shall indemnify and hold the City harmless from all wages or overtime compensation due its employees in rendering services pursuant to this agreement, including payment of reasonable attorneys' fees and costs in the defense of any claim made under the Fair Labor Standards Act or any other federal or state law. 19. Enrollment in Work Authorization Program and Affidavit Concerning Employment of Unauthorized Aliens. If this contract, awarded to a business entity, is in excess of five thousand dollars, the business entity, and any subcontractors of the business entity, shall, by sworn affidavit and provision of documentation, affirm its or their enrollment and participation in a federal work authorization program with respect to the employees working in connection with the contracted services. (Note: If the contract is not in excess of five thousand dollars, this provision does not apply and the affidavits need not be signed.) Every such business entity, and any subcontractors of the business entity, shall also sign an affidavit affirming that it does not knowingly employ any person who is an unauthorized alien in connection with the contracted services. A subcontractor shall provide similar affidavits and documentation to the Contractor at the time the subcontractor is hired pursuant to Section 15 CSR 60-15.020. A federal work authorization program is any of the electronic verification of work authorization programs operated by the United States Department of Homeland Security or an equivalent federal work authorization program operated by the United States Department of Homeland Security to verify information of newly hired employees, under the Immigration Reform and Control Act of 1986 (IRCA), P.L.99-603. A business entity is any person or group of persons performing or engaging in any activity, enterprise, profession, or occupation for gain, benefit, advantage, or livelihood. The term business entity shall include but not be limited to self-employed individuals (except it shall not include a self-employed individual with no employees), partnerships, corporations, contractors, and subcontractors. The following two Affidavits shall be used by the contractor and any subcontractors that are required to sign affidavits: 4 Rev. 03/01/2012 “Exhibit A” AFFIDAVIT AND PROVISION OF DOCUMENTATION STATE OF MISSOURI ) ) ss. COUNTY OF JACKSON ) Affiant, _________________________, the _________________(title) of ____________________________ (contractor’s full name) having been duly sworn, states upon his/her oath: 1. My name is___________________. I am a representative of the business entity, or a subcontractor of the business entity, entering into this contract with the City of Blue Springs who is authorized to sign this affidavit on behalf of that business entity. 2. I hereby swear or affirm the above named business entity’s does not knowingly employ any person who is an unauthorized alien in connection with the contracted services. 3. I also swear and affirm to the accuracy of the attached documentation evidencing the above named business entity’s enrollment and participation in a federal work authorization program with respect to the employees working in connection with the contracted services. FURTHER AFFIANT SAYETH NOT. ______________________________ ______________________________ (Print Name & Title) Subscribed, acknowledged, and sworn to before me by ___________this _____ day of ___________, 20___. ______________________________ Notary Public My Commission Expires: 5 Rev. 03/01/2012 “Exhibit A” AFFIDAVIT CONCERNING EMPLOYMENT OF UNAUTHORIZED ALIENS STATE OF MISSOURI ) ) ss. COUNTY OF JACKSON ) Affiant, _________________________, the _________________(title) of ____________________________ (contractor’s full name) having been duly sworn, states upon his/her oath: 1. My name is___________________. I am a representative of the business entity, or a subcontractor of the business entity, entering into this contract with the City of Blue Springs who is authorized to sign this affidavit on behalf of that business entity. 2. I hereby swear or affirm the above named business entity does not knowingly employ any person who is an unauthorized alien in connection with the contracted services. FURTHER AFFIANT SAYETH NOT. ______________________________ ______________________________ (Print Name & Title) Subscribed, acknowledged, and sworn to before me by ___________this _____ day of ___________, 20____. ______________________________ Notary Public My Commission Expires: 6 Rev. 03/01/2012 “Exhibit A” 20. Notices. All notices required or permitted hereunder and required to be in writing may be given by FAX or by first class mail addressed to City and Contractor at the addresses shown above. The date of delivery of any notice given by mail shall be the date falling on the third day after the day of its mailing. The date of delivery of notice by FAX transmission shall be deemed to be the date transmission occurs, except where the transmission is not completed by 5:00 p.m. on a regular business day at the terminal of the receiving party, in which case the date of delivery shall be deemed to fall on the next regular business day for the receiving party. 21. Jurisdiction. This agreement and every question arising hereunder shall be construed or determined according to the laws of the State of Missouri. Should any part of this agreement be litigated, venue shall be proper only in the Circuit Court of Jackson County, Missouri at Independence. 22. Entire Agreement. This agreement contains the entire agreement of the parties. No modification, amendment, or waiver of any of the provisions of this agreement shall be effective unless in writing specifically referring hereto, and signed by both parties. IN WITNESS WHEREOF, the parties hereto have set their hands and seals on the day and year herein stated. CONTRACTOR: 3MAT Co. a/k/a Precision Concrete Cutting Midwest CERTIFICATE OF DIRECTOR OF FINANCE I certify that the expenditure contemplated by By: ______________________________________ this document is within the purpose of the appropriation to which it is to be charged and that there is an unencumbered balance of Name:________________________________________ appropriated and available funds to pay therefor. Title: _________________________________________ CITY OF BLUE SPRINGS, MISSOURI ______________________________________ Director of Finance APPROVED AS TO FORM By: __________________________________ Eric Johnson, City Administrator ______________________________________ City Attorney 7 Rev. 03/01/2012 “Exhibit A” Exhibit A to Contract Scope of Work Name of Contractor 3MAT Co. a/k/a Precision Concrete Cutting Midwest • Trim flush trip hazards, documented in the attached Summary Overlay /Sidewalk, Blue Springs, MO dated February 2013 between ¼” and 1.75” on sidewalks in conjunction Scope of Work with the overlay project, to ADA specifications (Job Description) • Perform concrete waste removal • Slope rating of 1:12 • Use dust abatement system Attachment which is incorporated into this Contract: 1. Attached Summary Overlay /Sidewalk, Blue Springs, MO dated February 2013 Start Date March 25, 2013 Date Phase of Project To Be Completed Interim Deadlines (if applicable) N/A Final Completion June 30, 2013 Deadline Reimbursable Expenses X None □ Travel, Lodging, Meals, Phone Calls, Copying, Postage $ 35,028 Maximum Payment for Services Rendered Maximum Payment $0.00 Maximum Amount Of Expenses To Be Reimbursed $ 35,028 Total Maximum Amount To Be Paid To Contractor □ Lump Sum Of Entire Amount Upon Satisfactory Completion of Project Method of Payment □ Monthly Payments Based On Rate of $____________ Per Hour X Incremental Payments As Follows: per invoice City Official To Jeff Sell Approve Payment(s) Department Head’s Date: Signature 8 "Exhibit A" "Exhibit A" "Exhibit A" "Exhibit A" "Exhibit A" "Exhibit A" "Exhibit A" "Exhibit A" "Exhibit A" "Exhibit A" "Exhibit A" "Exhibit A" "Exhibit A" "Exhibit A" "Exhibit A" "Exhibit A" "Exhibit A" "Exhibit A" "Exhibit A"  Council Meeting Date: 3/18/2013 Agenda Item # 3c Page 1 of 2 CITY OF BLUE SPRINGS CITY COUNCIL INFORMATION FORM DATE: March 18, 2013 SUBMITTED BY: Dennis Dovel DEPARTMENT: Parks & Recreation Ordinance Resolution Presentation Public Hearing Agreement Discussion Rezoning Other ISSUE/REQUEST Approval of a Resolution which allows the Parks and Recreation Department to enter into agreements to sell consignment tickets to amusement or theme parks and other private or commercial attractions. BACKGROUND/EXPLANATION The Blue Springs Park and Recreation Department, through an annual agreement with Missouri Parks & Recreation Association (MPRA), has for many years sold tickets to Silver Dollar City and White Water in Branson, Six Flags in St. Louis, and Oceans & Worlds of Fun and Schlitterbahn in the Kansas City metropolitan area. Historically, the Department has also sold tickets to the Kansas City Renaissance Festival in Bonner Springs, Kansas, through a separate agreement. All tickets are sold at discounted prices, which provide a great service to the community. Last year’s sales resulted in 1,050 tickets sold through the MPRA agreement. These sales generated $42,810.50, of which $420.00 in credit was applied to an account with MPRA under our Department’s name. These funds are used by the Department to defray cost of training and educational programs provided by MPRA. Funds are normally used by staff to offset the cost of the annual state conference. The City only pays for the number of tickets sold or any tickets not returned to the MPRA office at the end of the current year’s consignment program. The Renaissance agreement for 2012 generated sales of 85 tickets for $1,215.00 with the Department retaining $61.25 of the total sales. The Kansas City Renaissance agreement will be brought forward at a later date once the Department has received the agreement. Budgeted revenues of $1,140 for the year are based on previous year’s sales. JUSTIFICATION The Parks and Recreation Department is bringing the annual MPRA ticket consignment agreement to City Council to formalize the process and to secure City Council approval for the 2013 season.  Council Meeting Date: 3/18/2013 Agenda Item # 3c Page 2 of 2 FINANCIAL IMPACT Contractor: Missouri Park & Recreation Association, Musco Lighting Building, 2018 William Street, Jefferson City, MO. 65109 Amount of Request/Contract: $0 Amount Budgeted: $1,140 Funding Source/Account Number: 100.40000.520625.000 Additional Funds Needed: Funding Source/Account Number: Tax Impact/Analysis: NA Abatement/Incentives: NA Escrow: NA PROJECT TIMELINE Estimated Start Date Estimated End Date April 1, 2013 November 1, 2013 STAFF RECOMMENDATION Staff recommends approval. OTHER BOARDS & COMMISSIONS ASSIGNED Name of Board or Commission: NA Date: Action: LIST OF REFERENCE DOCUMENTS ATTACHED 1. Resolution with a copy of the Agreement with Missouri Park & Recreation Association attached IF CONTRACT REQUIRED: 1. E-Verify Affidavits Required? No 2. Contract/Affidavits Executed? No REVIEWED BY Requesting Director: Dennis Dovel Finance: PW/Engineering: Legal: City Administrator: Other: Introduced by Councilman _____________ Resolution No. 19-2013 RESOLUTION A RESOLUTION AUTHORIZING THE MAYOR OF THE CITY OF BLUE SPRINGS TO ENTER INTO AN AGREEMENT FOR THE PARKS & RECREATION DEPARTMENT TO SELL CONSIGNMENT TICKETS TO VARIOUS AMUSEMENT & THEME PARKS WHEREAS, the City of Blue Springs, Missouri, Parks and Recreation Department has the opportunity to secure tickets to various amusement and theme parks, which can be sold at discounted prices to our residents; and WHEREAS, the Parks and Recreation Department desires to secure consignment tickets through an annual agreement between the City and Missouri Park & Recreation Association to be sold spring through fall of 2013, with the City to receive a portion of the revenue to be used for training programs; and WHEREAS, locations of tickets to be sold are Silver Dollar City and White Water in Branson, Six Flags in St. Louis and Oceans & Worlds of Fun and Schlitterbahn in the Kansas City area. WHEREAS, staff recommends that the City enter into the agreement for the 2013 season. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BLUE SPRINGS, MISSOURI, as follows: Section 1. The Mayor or the Director of Parks and Recreation of the City of Blue Springs, Missouri, is authorized to sign the agreement with Missouri Park & Recreation Association, Musco Lighting Building, 2018 William Street, Jefferson City, MO 65109- 1186 a copy of which is attached hereto as Exhibit "A," and incorporated herein by reference, for the sale of consignment tickets for the 2013 season. Section 2. The City, and its staff, is further authorized to take all actions required to complete the securing of tickets, the making of sales, the keeping of records, and the completion of other responsibilities included in said agreement. PASSED by the City Council of the City of Blue Springs, Missouri, and approved by the Mayor of Blue Springs, this 18th day of March, 2013. CITY OF BLUE SPRINGS _____________________ Carson Ross, Mayor ATTEST: ________________________________ Kathy Richardson, City Clerk Seasontickets3/18/2013 "Exhibit A" "Exhibit A"  Council Meeting Date: 3/18/2013 Agenda Item # 3d Page 1 of 2 CITY OF BLUE SPRINGS CITY COUNCIL INFORMATION FORM DATE: February 20, 2013 SUBMITTED BY: Lindsey Winfrey DEPARTMENT: Tax/Revenue Collections Ordinance Resolution Presentation Public Hearing Agreement Discussion Rezoning Other ISSUE/REQUEST Approval of a new Liquor License for Wal-Mart Stores East I, LP dba Wal-Mart Market #5149 to sell intoxicating liquors in the original package, including Sunday sales. Wal-Mart Market #5149 is located at 1700 N 7 Hwy, Blue Springs, MO 64014. BACKGROUND/EXPLANATION The Managing Agent for Wal-Mart Stores East I, LP dba Wal-Mart Market #5149 is Lorene Samson located at 59 Scenic Acres Lane, Bonnots Mill, MO 65016. JUSTIFICATION This application is submitted in compliance with Chapter 600 of the Blue Springs City Code. FINANCIAL IMPACT Contractor: Amount of Request/Contract: Amount Budgeted: $75.00 Funding Source/Account Number: 100.00000.410200.000 Liquor License Revenue Additional Funds Needed: Funding Source/Account Number: Tax Impact/Analysis: Abatement/Incentives: Escrow: PROJECT TIMELINE Estimated Start Date Estimated End Date  Council Meeting Date: 3/18/2013 Agenda Item # 3d Page 2 of 2 STAFF RECOMMENDATION All documents have been submitted to the Tax/ Revenue Department. A background check has been approved by Wayne McCoy (Chief of Police) and the approvals from Norman Gurney (Codes Administrator) are on file in the Tax/ Revenue Department. Staff recommends approval by City Council. OTHER BOARDS & COMMISSIONS ASSIGNED Name of Board or Commission: Date: Action: LIST OF REFERENCE DOCUMENTS ON FILE WITH THE CITY 1. Personal Property Tax Receipt of Managing Agent, Certificate of Voter Registration for Managing Agent, Exterior photos of the premises to be used by Applicant, Drawing of the interior premises to be covered by this permit, Copy of the Current Lease, and a Photo of the Managing Agent are on file in the Tax/Revenue Department. 2. Application for a Business License is on file in the Tax/Revenue Department. IF CONTRACT REQUIRED: 1. E-Verify Affidavits Required? 2. Contract/Affidavits Executed? REVIEWED BY Requesting Director: Finance: Tina Dale, Revenue Collections Supervisor PW/Engineering: Legal: City Administrator: Other: Introduced by Councilman Resolution No. 20-2013 A RESOLUTION WAIVING THE CONSTRUCTION AND BUILDING PERMIT FEES RELATED TO THE BLUE SPRINGS SCHOOL DISTRICT’S APRIL 2013 NO-TAX INCREASE BOND ISSUE WHEREAS, This past January the Blue Springs School District publicly announced they would be seeking voter approved on April 2, 2013 for a no-tax increase bond issue; and WHEREAS, the main effort of the bond issue is to focus on safety upgrades to many of their school facilities; and WHEREAS, some of the proposed upgrades will involve the construction of hardened gymnasiums - “safe rooms” - which can serve as public shelters for students and/or City residents during times of emergency situations; and WHEREAS, the School District will also let the City Parks and Recreation Department utilize the new gymnasium space for additional recreation programming; and WHEREAS, the School District has formally requested the City to waive construction and building permits fees (estimated at $104,000) and the School District will use these funds as part of their local FEMA grant match requirement for the hardened gymnasiums; and WHEREAS, the City Council believes is will be beneficial to the community to allow this one-time waiver of construction and building permit fees in order to support enhanced safety and security measures that will affect Blue Springs residents in a positive manner. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BLUE SPRINGS, MISSOURI, as follows: 1. The City Administrator is hereby authorized to waive all construction and building permit fees relating to the April 2, 2013 no-tax increase bond issue. PASSED by the City Council of the City of Blue Springs, Missouri, and approved by the Mayor of Blue Springs, this 18th day of March, 2013. CITY OF BLUE SPRINGS _________________________ Carson Ross, Mayor ATTEST: ________________________________ Kathy Richardson, City Clerk SchoolDistrictPermitFees3-18-13  Council Meeting Date: 3/18/2013 Agenda Item # 6 Page 1 of 2 CITY OF BLUE SPRINGS CITY COUNCIL INFORMATION FORM DATE: 01/23/2013 SUBMITTED BY: Bob McDonald DEPARTMENT: Law Department Ordinance Resolution Presentation Public Hearing Agreement Discussion Rezoning Other ISSUE/REQUEST The Police Department requests consideration of an ordinance which deals with the crime of “abuse of a child.” In order to provide the Police Department with the flexibility of bringing charges in the City’s Municipal Court against a person who abuses a child, it is being recommended that the attached Ordinance be enacted. This Ordinance follows State Law as to the State crime of abuse of a child. BACKGROUND/EXPLANATION The Police Department has been frustrated at times by not being able to prosecute in a situation where a child has been abused but it does not rise to a level where State Prosecutors are willing to accept and prosecute the case in State Court. In order to provide a viable alternative, filing cases in our Municipal Court, the City is proposing that we enact most of the provisions of the State Law that relate to the crime of abuse of a child. Our ordinance will not cover major felonies which will go to State Court. This will allow our officers to file in City Court if the County is not willing to prosecute the case. JUSTIFICATION The addition of this Code provision will provide the flexibility to bring charges related to the abuse of a child in Municipal Court. The Police Department and Law Department recommend passage of the Ordinance. FINANCIAL IMPACT Contractor: 0 Amount of Request/Contract: Amount Budgeted: Funding Source/Account Number: Additional Funds Needed: Funding Source/Account Number: Tax Impact/Analysis: Abatement/Incentives: Rev 03/01/2012  Council Meeting Date: 3/18/2013 Agenda Item # 6 Page 2 of 2 Escrow: PROJECT TIMELINE Estimated Start Date Estimated End Date STAFF RECOMMENDATION Staff recommends approval. OTHER BOARDS & COMMISSIONS ASSIGNED Name of Board or Commission: Date: Action: LIST OF REFERENCE DOCUMENTS ATTACHED 1. Ordinance IF CONTRACT REQUIRED: 1. E-Verify Affidavits Required? N/A 2. Contract/Affidavits Executed? N/A REVIEWED BY Requesting Director: Finance: PW/Engineering: Legal: Bob McDonald City Administrator: Other: Rev 03/01/2012 Proposed by Legal BILL NO. 4251 Introduced by Councilman __________ ORDINANCE NO. ______ AN ORDINANCE AMENDING THE CODE OF ORDINANCES, CITY OF BLUE SPRINGS, MISSOURI, BY ADDING SECTION 220.296 TO MAKE IT UNLAWFUL TO ABUSE A CHILD BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BLUE SPRINGS, MISSOURI, AS FOLLOWS: Section 1: That the Code of Ordinances, City of Blue Springs, Missouri, is hereby amended by adding a Section, to be numbered 220.296, which said Section, reads as follows: “SECTION 220.296: ABUSE OF A CHILD 1. As used in this Section, the following terms shall mean: (1) “Abuse”, the infliction of physical, sexual, or mental injury against a child by any person eighteen years of age or older. For purposes of this Section, abuse shall not include injury inflicted on a child by accidental means by a person with care, custody, or control of the child, or discipline of a child by a person with care, custody, or control of the child, including spanking, in a reasonable manner; (2) “Abusive head trauma”, a serious physical injury to the head or brain caused by any means, including but not limited to shaking, jerking, pushing, pulling, slamming, hitting, or kicking; (3) “Mental injury”, an injury to the intellectual or psychological capacity or the emotional condition of a child as evidenced by an observable and substantial impairment of the ability of the child to function within his or her normal range of performance or behavior; (4) “Neglect”, the failure to provide, by those responsible for the care, custody, and control of a child under the age of eighteen years, the care reasonable and necessary to maintain the physical and mental health of the child, when such failure presents a substantial probability that death or physical injury or sexual injury would result; (5) “Physical injury”, physical pain, illness, or any impairment of physical condition, including but not limited to bruising, lacerations, hematomas, welts, or permanent or temporary disfigurement and impairment of any bodily function or organ. CriminalizingAbuseofChild 3/18/13  2. A person commits the offense of abuse or neglect of a child if such person knowingly causes a child who is less than eighteen years of age: (1) To suffer physical or mental injury as a result of abuse or neglect; or (2) To be placed in a situation in which the child may suffer physical or mental injury as the result of abuse or neglect. 3. A person commits the offense of abuse or neglect of a child if such person recklessly causes a child who is less than eighteen years of age to suffer from abusive head trauma. 4. A person does not commit the offense of abuse or neglect of a child by virtue of the sole fact that the person delivers or allows the delivery of child to a provider of emergency services. 5. Nothing in this Section shall be construed to alter the requirement that every element of any crime referred to herein must be proven beyond a reasonable doubt. 6. Discipline, including spanking administered in a reasonable manner, shall not be construed to be abuse under this Section. 7. The violation of any provision of this Section shall be punished by a fine of not exceeding five hundred dollars ($500.00), or such imprisonment not exceeding ninety (90) days, or by both such fine and imprisonment. Each day any violation of this Section shall continue shall constitute a separate offense.” Section 2: That this ordinance shall be in full force and effect from and after its passage and approval. PASSED by the City Council of the City of Blue Springs, Missouri, and approved by the Mayor of Blue Springs, this 18th day of March, 2013. ________________________ Carson Ross, Mayor ATTEST: ______________________________ Kathy Richardson, City Clerk 1st reading ______________________ 2nd reading ______________________ CriminalizingAbuseofChild 3/18/13