HomeMy WebLinkAboutBlack Hawk/Waterloo/Cedar Falls/Evansdale/LaPorte City-1/12/2015Paul D. Pate
Secretary of State
State of Iowa
28E
Agreement
FOR OFFICE USE ONLY:
FILED
M507866
2/17/2015 2:39:18 PM
PLEASE READ INSTRUCTIONS ON BACK BEFORE COMPLETING THIS FORM
Item 1. The full legal name, organization type and county of each participant to this agreement are:
*Enter "Other" if
not in Iowa
Item 2. The type of Public Service included in this agreement is: 130 Emergency Management
(Enter only one Service Code and Description) Code Number Service Description
Item 3. The purpose of this agreement is: (please be specific)
For the purpose of gaining economy of operations while maintaining improving, and coordinating the professional
dispatching of public safety services in Black Hawk County, the Consolidated Public Safety Communications Center
Item 4. The duration of this agreement is: (check one) ❑Agreement Expires
[mm/dd/yyyy]
mindefinite Duration
Item 5. Does this agreement amend or renew an existing agreement? (check one)
❑ NO
m YES Filing # of the agreement: M507864
(Use the filing number of the most recent version filed for this agreement)
The filing number of the agreement may be found by searching the 28E database at: http://sos.iowa.gov/28e.
Item 6. Attach two copies of the agreement to this form if not filing online.
Item 7. The primary contact for further information regarding this agreement is: (optional)
LAST Name Marge FIRST Name Budensiek
Title Administrative Aide Department Administrative Aide
Email mbudensiekAco.black-hawk.ia.us Phone 3196-833-3072
Full Legal Name
Organization Type
*County
Party 1
Black Hawk County
County
Black Hawk
Party 2
City of Waterloo
City
Black Hawk
Party 3
City of Cedar Falls
City
Black Hawk
Party 4
City of Evansdale
City
Black Hawk
Party 5
City of LaPorte City
City
Black Hawk
*Enter "Other" if
not in Iowa
Item 2. The type of Public Service included in this agreement is: 130 Emergency Management
(Enter only one Service Code and Description) Code Number Service Description
Item 3. The purpose of this agreement is: (please be specific)
For the purpose of gaining economy of operations while maintaining improving, and coordinating the professional
dispatching of public safety services in Black Hawk County, the Consolidated Public Safety Communications Center
Item 4. The duration of this agreement is: (check one) ❑Agreement Expires
[mm/dd/yyyy]
mindefinite Duration
Item 5. Does this agreement amend or renew an existing agreement? (check one)
❑ NO
m YES Filing # of the agreement: M507864
(Use the filing number of the most recent version filed for this agreement)
The filing number of the agreement may be found by searching the 28E database at: http://sos.iowa.gov/28e.
Item 6. Attach two copies of the agreement to this form if not filing online.
Item 7. The primary contact for further information regarding this agreement is: (optional)
LAST Name Marge FIRST Name Budensiek
Title Administrative Aide Department Administrative Aide
Email mbudensiekAco.black-hawk.ia.us Phone 3196-833-3072
Paul D. Pate
Secretary of State
State of Iowa
28E Agreement
Additional
Participants
•
FOR OFFICE USE ONLY
FILED
M507866
2/17/2015 2:39:18 PM
Item 1. The full legal name, organization type and county of each participant to this agreement are (continued):
Full Legal Name
Organization Type
*County
Party 6
City of Hudson
City
Black Hawk
Party 7
City of Dunkerton
City
Black Hawk
Party 8
City of Gilbertville
City
Black Hawk
*Enter "Other" if
not in Iowa
CONSOLIDATED PUBLIC SAFETY COMMUNICATIONS 28E AGREEMENT
ARTICLES OF 28E AGREEMENT made and entered into this 1st day of July, 2014, by and
between the parties, Black Hawk County, hereafter referred to as "County"; the City of
Waterloo, hereafter referred to as "Waterloo"; the City of Cedar Falls, hereafter referred to as
"Cedar Falls"; the City of Evansdale, hereafter referred to as "Evansdale"; the City of Hudson,
hereafter referred to as "Hudson"; the City of LaPorte City, hereafter referred to as "LaPorte";
the City of Dunkerton, hereafter referred to as "Dunkerton"; and the City of Gilbertville, hereafter
referred to as "Gilbertville"; or such of them as may become signatories hereto.
IT IS HEREBY AGREED BY THE PARTIES HERETO AS FOLLOWS:
ARTICLE 1: PURPOSE
For the purpose of gaining economy of operations while maintaining improving, and
coordinating the professional dispatching of public safety services in Black Hawk County, the
Consolidated Public Safety Communications Center, hereafter referred to as the "Center" is
hereby created. The Center shall be operated and maintained pursuant to this Agreement and
shall provide dispatch and communications services to all participating government agencies in
Black Hawk County.
ARTICLE 2 : PLACE OF OPERATION
The Center shall be housed at County expense in a facility provided by Black Hawk County.
However, utilities, cleaning, remodeling and such other expense attributable to the Center
operations will be prorated among the parties.
ARTICLE 3: LEGAL STATUS
No separate legal entity under Iowa law is created nor is any obligation incurred by the
participating parties other than those specified in this Agreement or as may be added by
amendment properly executed in the manner hereafter provided. This Agreement is intended to
obligate the participants pursuant to Chapter 28E of the Code of Iowa.
ARTICLE 4. COMMENCEMENT OF OPERATIONS
Center operations shall commence on a date determined by the Center Board. Start-up costs and
costs incurred in implementing this Agreement shall be advanced by the County and reimbursed
according to the formula set out in this Agreement if some or all of the funding anticipated has
not yet been received at time of commencement. The entities providing the funds shall be
reimbursed proportionately.
ARTICLE 5: DURATION
The duration and existence of this Agreement shall be for a period of one year with automatic renewal
unless terminated by the parties according to the terms of the Agreement hereafter provided. The
attached assessments shall be reviewed every two years.
Original dated February 27, 1995 recorded May 22, 1995
ARTICLE 6: CONSOLIDATED PUBLIC SAFETY COMMUNICATIONS CENTER BOARD
SECTION 1: There is hereby created a Consolidated Public Safety Communications Center Board,
herein referred to as the Center Board, which shall be operated pursuant to this Agreement.
SECTION 2: An eleven -member Public Safety Communications Center Board (hereafter referred to as
the "Center Board") composed of: the Black Hawk County Sheriff, the City of Waterloo Fire Chief, the
City of Waterloo Police Chief, the City of Cedar Falls Police Chief, the City of Cedar Falls Fire Chief,
the City of Evansdale Police Chief, the City of Hudson Police Chief, the City of LaPorte City Police
Chief, the City of Dunkerton Police Chief, the City of Gilbertville Police Chief, and one Fire Chief
representing the other fire departments whose home base is within a city that is located in Black Hawk
County, is hereby created.
SECTION 3: The Center Board shall adopt, establish and approve all policies and procedures and be
responsible for the operation of the Center subject to the limitations and dispute resolution procedures
of this agreement, except that the Center Board shall adopt Black Hawk County Personnel Policies,
which shall be applicable to all Center personnel.
SECTION 4: The position of Chairperson of the Center Board shall be selected by the Center Board on a
majority vote on an annual basis. The Chairperson, through the Center Administrative Supervisor, shall
cause minutes of the Center Board meetings to be prepared and distributed to the Center Board
members and the participating cities' Mayors and the County Board of Supervisors. Each Center
Board member shall be entitled to one vote. All meetings shall be governed by the parliamentary
procedures set forth in Robert's Rules of Order.
SECTION 5: The meetings of the Center Board
Open Meetings Law. To the extent allowed by the
of the Center shall be public.
ARTICLE 7: CONSOLIDATED PUBLIC
OVERSIGHT BOARD
shall be public proceedings subject to the Iowa
Iowa Open Records Law, the minutes and records
SAFETY COMMUNICATIONS BUDGET
SECTION 1: A Consolidated Public Safety Communications Budget Oversight Board (herein
after referred to as the Oversight Board) composed of the County Board of Supervisors (who
collectively shall have only one vote) and the Mayors of the patlicipating cities are hereby created.
This Board shall be called together by the Chairperson of the County Board of Supervisors in
November of each year for the purpose of discussing and approving the budget of the
Communications Center as proposed by the Center Board for the coming fiscal year. The
Chairperson shall cause minutes of the Oversight Board meetings to be prepared and distributed to
the Oversight Board members. Each Oversight Board member shall be entitled to one vote, except
the County Board of Supervisors, who collectively shall have only one vote. All meetings shall be
governed by the parliamentary procedures set forth inRobert's Rules of Order.
SECTION 2: The Chairperson of the County Board of Supervisors may call additional meetings
from time to time to discuss concerns. In the event of the unavailability of the Chairperson of the
County Board of Supervisors, any two Mayors of participating cities may call a special
meeting.
SECTION 3: The meetings of the Budget Oversight Board shall be public proceedings subject to
the Iowa Open Meetings Law. To the extent allowed by the Iowa Open Records Law, the
minutes and the records of the Center shall be public.
Original dated February 27, 1995 recorded May 22, 1995
ARTICLE 8: COMMUNICATIONS CENTER MANAGEMENT
SECTION 1: All the usual and customary administrative, personnel, civil service regulations,
accounting, budgetary, and procurement policies of Black Hawk County shall govern the Center in
its operations and activities unless they conflict with policies and procedures adopted pursuant to
this Agreement. Established collective bargaining agreements shall also supersede any Center Board
policies or procedures . In the event of a conflict, except with regard to collective bargaining matters, the
conflict resolution procedures of Article 8 shall apply.
SECTION 2: The day-to-day operation of the Center shall be under the direction, supervision and
management of the Chairperson of the Board, who shall delegate such authority for the operation and
management of the Center as he or she deems appropriate, with the consent of the Center Board. The power
of delegation includes the power to direct and control all Center personnel and operations of the Center
pursuant to the operating procedures established by the Center Board.
SECTION 3: The management staff of the Center shall be appointed by the Center Board, which will
also have the authority to remove an employee from a position with the Center for reasons deemed
sufficient by the Center Board. The management staff of the Center shall be supervised by the Chairperson
of the Center Board on behalf of the Center Board, subject to County policies as set out herein. Center
management shall comply with all administrative, personnel, accounting, budgetary and procurement
policies of Black Hawk County unless they conflict with policies and procedures contained in this
agreement.
SECTION4: The Chairperson of the Center Board shall appoint a Personnel Committee from the members
of the Center Board. The Board Personnel Committee shall be responsible for all hiring and termination of
Center employees as well as the issuance of disciplinary actions to Center employees. All actions of the
Personnel Committee regarding hiring and termination of Center employees shall be ratified by the Center
Board.
ARTICLE 9: COUNTY EMPLOYEES
All Center employees, including the management staff, shall be employees of Black Hawk County.
Payroll and terms of employment shall be administered by Black Hawk County.
ARTICLE 10: FINANCING
The costs shares of the participants, the method of payment, and special financing arrangements and
ownership of property shall be as follows: All personnel, equipment, and operating costs shall be
advanced by and billed through the Black Hawk County Emergency Management Agency. The
participants shall reimburse the Black Hawk County Emergency Management Agency for same as set
forth in the attached Exhibit A that represents each jurisdiction's share of personnel costs. The E911
board will pay for 100 percent of all E911 related costs that are eligible under Iowa Code Chapter
34A to be recovered from the subscriber access charge. Related E911 costs which are construed by
this agreement to be included are, but not limited to, the installation of all necessary communications
equipment and on-going system maintenance.
Original dated February 27, 1995 recorded May 22, 1995
Reimbursement to the Black Hawk County Emergency Management Agency by the participants
shall be determined as follows: Each participant's percentage shall be based on a three-year average
of calls for service for that agency. Those percentages will then be set for the next three years. After
that period of time, the percentages will be reviewed and recommendations will be made at that
time. The Center's Board will apply these percentages and submit the calculations, along with their
proposed budget, to member governmental bodies and the Budget Oversight Review Board by
November 1 of each year. This will provide sufficient time for review and approval by each
representative agency prior to the certification of their respective fiscal year budgets.
ARTICLE 11: BUDGET PREPARATION
SECTION 1 : The annual operating budget shall be prepared by the Administrative Supervisor and
submitted to the Center Board for preliminary approval in October of each year.
SECTION 2: Copies of the projected costs for each agency for each fiscal year will be given to
each representative agency as part of the budget process as stated in Article 1.
SECTION 3: By November of, each year, the Chairperson of the Center Board will forward
the preliminary budget, along with the assessment factor, to the Budget Oversight Board for their
approval, as laid out in Article 7.
SECTION 4: By December of each year, the Chairperson of the Black Hawk County Board of
Supervisors shall forward the approved Center Budget to the County Auditor for submission as part
of the budget of Black Hawk County.
ARTICLE 12: INSURANCE
The Center Board shall seek and maintain liability or comprehensive insurance coverage for Center
operations and costs for same shall be divided and shared as provided for herein. Any participant
may elect to obtain its own coverage for any separate liability it may have for Center operations.
ARTICLE 13: DISPUTE RESOLUTION
In the event of a dispute between the Center Board, the County and the Cities, the dispute may be
submitted to arbitration. In order to qualify as a dispute, the matter must involve the center budget,
center operation, or the terms of this agreement. At least four participants from the Center Board,
County, or the Cities are required to request that the matter be submitted for arbitration.
The parties hereto agree that such a dispute between them shall be resolved by arbitration pursuant to
and as authorized by Chapter 679A, Code of Iowa, 2013 . In the event of such a dispute to be
submitted for arbitration, the District Court shall be requested to appoint three (3) arbitrators to hear
the matter.
ARTICLE 14: TERMINATION
SECTION 1: Any party to this, agreement may terminate its participation herein by giving at least
twelve- (12) month's prior written notice to all the other parties. Termination of the withdrawing party
shall be effective at the beginning of the next fiscal year following the twelve- (12) month notice.
Original dated February 27, 1995 recorded May 22, 1995
SECTION 2: Termination shall not relieve the County, Cities, or the E911 Board of any
financial obligation incurred before the effective termination date, under the terms of this
Agreement.
SECTION 3: Equipment and furniture owned solely by the County, Cities, or E911 Board shall
be distributed according to the inventory of the Center Board. Equipment and furniture owned
jointly shall be distributed in a manner consistent with the basis of the member's contribution.
Distribution shall be based upon a majority vote of all members eligible to vote on the Center
Board. Where full agreement is not reached, the equipment and furniture shall be liquidated and
the proceeds distributed to the parties to the Agreement prorated upon the same basis that the parties
contributed to the purchase of the equipment and furniture.
SECTION 4: The Center Board shall not be dissolved when there remains any indebtedness
incurred by the Center Board.
ARTICLE 15: AMENDMENTS
The terms of this Agreement shall be amended only upon approval of any proposed amendment by a
simple majority resolution of the participants.
ARTICLE 16: SEVERABILITY
If any provision of this Agreement or the application thereof to any person or circumstance is held
invalid, such invalidity shall not affect other provisions of application of this Agreement which can
be given effect without the invalid provisions or application and to this end the provisions of this
Agreement are declared to be severable.
ARTICLE 17: ADOPTION
This Agreement shall have full force and effect upon ratification by a county of the participants,
except that it shall not be effective unless ratified by Black Hawk County, the City of Waterloo, and
the City of Cedar Falls.
Dated this 11441 day of Ve1OIL4_C- , 2014.
Original dated February 27, 1995 recorded May 22, 1995
BLACK HAWK COUNTY, IOWA
By: I
l LW—
, Chairperson
Attest:
County Auditor— Grant Veeder
CITY.OF CEDAR FALLS, IOWA
CITY OF HUDSON, IOWA
CITY OF DUNKERTON, IOWA
Bre
Attest: `Ltc.1
City Clerk
Original dated February 27, 1995 recorded May 22, 1995
CITY OF WATERLOO, IOWA
By:
tic i '��O%I�vc , Mayor
Attest
City Cler
CITY OF EVANSDALE, IOWA
CITY OF LAPORTE CITY, IOWA
_PAP
Attest: C_ F, le j
, Mayor
Ci Clerk
CITY OF GILBERTVILLE, IOWA
ATTACHMENT A
ANNUAL ASSESSMENT
CALL FOR SERVICE PERCENTAGE
For Fiscal Years 2013, 2014 and 2015
City of Waterloo 62.00
City of Cedar Falls 20.30
Black Hawk County 10.20
City of Evansdale 3.70
City of La Porte City 1.70
City of Hudson 1.60
City of Dunkerton .40%
City of Gilbertville .10%
These percentages are for a three-year period and will be reviewed
again in fiscal year 2015 for the fiscal years 2016 — 2018.
Original dated February 27, 1995 recorded May 22, 1995