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HomeMy WebLinkAboutBlack Hawk County-6/27/2011Memorandum of Understanding for Consolidated Law Enforcement Laboratory Between Black Hawk County and City of Waterloo The parties to this Memorandum of Understanding ("MOU") are Black Hawk County, Iowa (hereafter referred to as "County") and City of Waterloo, Iowa (hereafter referred to as "City"). This MOU is effective from and after the 1s` day of July, 2011. Whereas, City and County are public agencies; and Whereas, City and County desire to support the cooperation and the sharing of services and personnel for the express intent of benefiting City and County taxpayers. Now, therefore, the parties mutually agree as follows: 1. Establishment of Consolidated Lab: The City and County agree to establish a consolidated law enforcement laboratory (the "Lab" or "Consolidated Lab") for service to the Black Hawk County Sheriff's Office and the City of Waterloo Department of Safety Services for the purpose of serving in the investigation and examination of evidence and associated services regarding routine law enforcement activities conducted by the parties. The Consolidated Lab shall be located in facilities provided by the City of Waterloo. It is anticipated that the Consolidated Lab shall provide services to the City and County law enforcement departments as well as other law enforcement agencies that may engage its services, as a consolidated unit with staff participating in any investigation or service requests that may be referred to the Lab without regard to jurisdictional responsibilities. 2. Resources Provided by the City: The City shall make available to the Consolidated Lab all current resources, equipment and facilities currently being used by the City for lab services. This shall include but not be limited to the items listed on Exhibit "A" attached hereto. 3. Resources Provided by the County: The County shall make available to the Consolidated Lab all current resources and equipment currently being used by the County for lab services. This shall include but not be limited to the items indicated on Exhibit "B" attached hereto. 1 4. Personnel Agreement: The parties agree that each party shall retain its own employees to staff the Consolidated Lab. Each employee who works in the Lab will remain an employee of the entity by which they are currently employed. There will be no joint employees between the parties, and each party shall compensate its own employees and maintain employee benefits pursuant to the employer/employee obligations that currently are in practice or that may be subsequently modified by the employer/employee relationship. Notwithstanding any of the foregoing, the parties intend that all personnel staffing the Lab, regardless of employer, shall provide services to each of the parties and shall do so without preference or discrimination. 5. Administration and Supervisory Roles: The parties agree that it is necessary to provide for a chain of command and supervisory roles with the operation of the Consolidated Lab. The parties agree that there shall be co -directors of the Consolidated Lab. The Director of Safety Services for the City and the Sheriff of Black Hawk County shall each appoint one individual from their own departments to serve as Co -Director of the Consolidated Lab. The parties further agree the Director of Safety Services and the Black Hawk County Sheriff shall jointly have ultimate authority over Lab procedures and policies in the event said Co -Directors do not agree as to procedures or policies. 6. Compensation and sharing of expenses: The City and County agree that each party shall be responsible for compensation of its own employees. The parties further agree that ongoing operational expenses and supplies shall be divided between the parties with consideration as to the demands being placed upon the Lab by the respective parties. The Co -Directors of the Lab shall develop a system to log the number of investigations, man hours and supplies used during the operational period of the Lab and determine on a quarterly basis the respective contributions required of each party. In the event new equipment or capital expenditures are required, the Director of Safety Services for the City and the Black Hawk County Sheriff shall meet and determine the respective contributions of each party to the capital expenditures that are required. Consideration as to the demands and usage of said equipment shall be taken in consideration in dividing the cost of said equipment. 7. Insurance and Hold Harmless: The parties shall each continue to carry general liability insurance coverage and shall name the other party as an additional insured. The City shall hold the County harmless from any claim resulting from the acts or omissions of The City's employees relating to the Lab or its activities, and the County shall hold the City harmless from any claim resulting from the acts or omissions of the County's employees relating to the Lab or its activities. 2 8. Termination of MOU: This MOU may be terminated by either party at any time and for any reason upon at least sixty (60) days advance written notice. Upon termination, the Consolidated Lab assets shall be divided between the parties, with each party retaining those supplies, equipment or resources that were contributed by that party at the beginning of the MOU term. Any supplies or equipment acquired jointly shall be divided between the parties in an equitable manner with consideration given to each party's contribution to said supplies or equipment being divided. Any equipment or supplies provided to the Consolidated Lab by grant or donation shall be disposed of equally between the parties subject to any provisions or conditions that provide for another method of disposal when the supplies or equipment were received by the Consolidated Lab by donation or grant. 9. Separate Organization: No separate organization is formed or contemplated by this MOU. 10. Notices — Correspondence & Communication: Any formal notices or communication, including notice to terminate this MOU, shall be made to the following representatives: To the City: The Director of the Department of Safety Services for the City of Waterloo, City Hall To the County: The Black Hawk County Sheriff, Sheriff's Department 11. General Terms: This MOU represents the entire agreement of the parties concerning the subject matter hereof, and it may be amended only in writing. This MOU is binding on the parties, and neither of them may assign any of its duties herunder. In Witness whereof, County and City have executed and delivered this Memorandum of Understanding by their duly authorized representatives on the date last written below: Tom Little, Chair Black Hawk County Board of Supervisors Black Hawk County Courthouse 316 E 5th Street Waterloo, Iowa 50703 3 Ernest G. Clark, Mayor City of Waterloo City Hall 715 Mulberry Street Waterloo, Iowa 50703 Attest: Grant Veeder Date: Attest: Suzy Schares, City Clerk Date: (illO1 EXHIBIT A Waterloo Police Department Crime Lab Equipment 5 -Nikon D200 Cameras 2 -Nilson D50 Cameras 1 -Large Camera Mounting System with lights 1 -Epson R1800 Photo Printer 1 -Epson RI 900 Photo Printer 1 -Dell 37" Flat Screen TV 1 -WC 21" TV 1-JVC VHS/DVD-R Recorder/Player 1-JVC VHS Recorder/Player with Jog Function 2 -Go Video VHS Recorder/Players 1 -Panasonic VHS Player 1 -Computer with Crime Vision Software 1 -Computer with standard software and Foray Fingerprint Program 2-Onmiprint Alternate Light Sources 2 -Electrostatic Dust Print Lifters (1 is old) 1 -Night Vision System (older) 1 -Night Vision Scope (TAC usually keeps with them) 1-Sirchie Crimesite Imager 1 -Fisher Fume Hood (Wall mounted) 2 -Vacuum Chambers with pump 1 -American Optical Microscope with Light Source 1 -Scout Pro 2000g scale 1 -Mettler 600 g scale 1 -Set of scale weights 1 -Laminator 1 -Flammable Liquid Storage Cabinet 1 -Sony Camcorder 2 -Refrigerators 1 -Microwave Miscellaneous Lab Chemicals and Supplies that are used on a daily basis. EXHIBIT B Black Hawk County Sheriff's Crime Lab Equipment 1 -Dust Print Lifter 1-Flashlight/Alternate Light Source 1 -Cannon EOS Camera