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HomeMy WebLinkAbout28E_Agreement - Consolidated Public Safety Communications - 8.24.2020 CONSOLIDATED PUBLIC SAFETY COMMUNICATIONS 28E AGREEMENT ARTICLES of 28E AGREEMENT made and entered into this 24th day of August ,2020,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 La Porte City,hereafter referred to as"La Porte';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 three years. 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 La Porte 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 shall be public proceedings subject to the Iowa Open Meetings Law. To the extent allowed by the Iowa Open Records Law,the minutes and records of the Center shall be public. ARTICLE 7: CONSOLIDATED OVERSIGHT BOARD PUBLIC SAFETY COMMUNICATIONS BUDGET SECTION 1: A Consolidated Public Safety Communications Budget Oversight Board(hereinafter 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 participating cities is 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 in Robert'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. 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. SECTION 4: 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 Black Hawk County. The participants shall reimburse Black Hawk County 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. Reimbursement to Black Hawk County by the participants shall be determined as follows: Each participant's percentage shall be based on a percentage of the 3 year average calls for service and a percentage of the populations base. Starting FY21,it will be based on 10%population and 90%CFS (3 year average). Each year thereafter,the Board will determine if the amount of percentages will change. 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 of each year. This will provide sufficient time for review,work session 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 review and possible work session,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 Finance Director for submission as part of the budget of Black Hawk County and to the County Auditor for billing. 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 quality 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. 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. Amendment dated this 24th day of August ,2020. BLACK HAWK COUNTY, IOWA CITY OF WATERLOO, IOWA uen BY: BY: Qtin Hmt Signature Signature Chairperson Quentin Hart Mayor Printed name Printed name Attest: Attest: Kelleff Yelclle Signature Signature CITY OF CEDAR FALLS,IOWA CITY OF EVANSDALE, IOWA BY: BY: Signature Signature Mayor Mayor Printed name Printed name Attest: Attest: Signature Signature CITY OF HUDSON, IOWA CITY OF LAPORTE CITY,IOWA BY: BY: Signature Signature Mayor Mayor Printed name Printed name Attest: Attest: Signature Signature CITY OF DUNKERTON,IOWA CITY OF GILBERTVILLE, IOWA BY: BY: Signature Signature Mayor Mayor Printed name Printed name Attest: Attest: Signature Signature ATTACHMENT A ANNUAL ASSESSMENT 90% Calls for Service/10% Population CITY/COUNTY CALLS FOR SERVICE% POPULATION% Waterloo 61.09% 52.95% Cedar Falls 19.83% 30.39% Black Hawk County 10.96% 8.23% Evansdale 4.21% 3.68% LA Porte City 1.69% 1.77% Hudson 1.59% 1.77% Dunkerton 0.25% 0.66% Gilbertville 0.38% 0.55%