County officials and the Warren County 911 Joint Communications Board continue to be at odds over contract language that was supposed to be the final detail in a new mapping agreement. Meanwhile, …
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County officials and the Warren County 911 Joint Communications Board continue to be at odds over contract language that was supposed to be the final detail in a new mapping agreement. Meanwhile, emergency agencies throughout the county await a decision. When the 911 Board of Directors met last Thursday, they declined to accept the county's offer to use the GIS maps for a one-year period at no cost, saying they don't agree with language in the contract that would hold 911 legally liable in certai circumstances. The board also indicated the dispute may need to be settled by a judge. Since learning of the board's rejection, county commissioners agreed Monday they will offer the same one-year contract to each emergency responder agency that provides services in the county in an effort to settle the matter. Assessor Wendy Nordwald said she met with the Warrenton and Wright Fire departments Tuesday and both expressed interest in signing the agreement. "We want it out for the consumers," Presiding Commissioner Arden Engelage said. "It's taken long enough." A few weeks earlier, the county set a June 18 deadline for the Joint Communications to accept or decline its offer. The 911 board normally meets the second Thursday of every month, but this month's meeting was rescheduled for the evening of June 18. The meeting was changed to the afternoon due to the possibility of not having a quorum present. As the lone licensee in the agreement, 911 officials questioned why they should be held responsible should a third-party misuse the mapping system. "It's their (the county's) information," Sexton said. "We don't really need to be in the middle." Sexton said 911 officials were concerned about an indemnification clause being removed in the latest agreement by the county's lawyers. She said 911 wouldn't be able to recoup any costs related to litigation should it be sued by another party. "I have been in situations where I have been asked to agree to a contract where my entities were held liable for things I couldn't control," said 911 board member Jean Deutsch. "That is always a deal breaker in my judgment." Sexton also argued that the county's mapping system should be available should an agency or individual make a Sunshine Law request. It was indicated at last week's 911 board meeting the numerous emergency responder agencies would sign a letter to be sent to the commissioners requesting the mapping system be made available to 911 through a Sunshine Law request. However, th commissioners agree the maps shouldn't be made available to the public since they paid for them and bought the system. County officials also question 911's unwillingness to use the system offered by Nordwald. They are concerned whether the 911 board is seeing all the latest contract revisions. "There really is, in my mind, no excuse on why they shouldn't try it for a year," Southern District Commissioner Hubie Kluesner said. "There is no (fee) and I don't think there is any liability." Nordwald also disputes 911's claims that there is too much liability for them to agree to the latest contract revision. "We took all that language out," she said. Having a judge settle the dispute is a possibility. Bob Koch, 911 board president, said a summary judgment could be made once both sides stated their case. Sheriff Kevin Harrison attended last week's 911 board meeting and agreed the court system might be the only place where a decision can be reached. "I'm frustrated and wish we could quit dealing with attorneys," Harrison said. "Somebody sue and get this in front of a judge because somebody is right and somebody is wrong. It's in everybody's best interest." Both sides acknowledged the mounting legal fees in the mapping dispute as lawyers continue to rework and revise the contract language. The 911 board has spent $3,325 since February, according to officials. The county, meanwhile, has spent approximately $5,600 over the same time period, including $1,522.50 in the past month on what they have said is the third rewrite of the agreement. The county and 911 Board met in February to resolve any issues regarding what map to use. The county offered 911 the opportunity to purchase its one-half inch resolution base, far more defined than the 2-inch resolution 911 received from the Missouri Department of Transportation (MoDOT). The 911 Board had preferred the state's map since it was free. At that meeting, emergency agencies said they were willing to pay the $5,000 fee requested by the county for 911, which had balked at the price. In response, commissioners agreed to waive the fee for a one-year trial basis. The assessor's office had requested a fee from the 911 Board to help cover future updates to the mapping system.