Loading...
HomeMy WebLinkAbout28E Agreement BH and BHC Communities - 1.17.2023CONSOLIDATED PUBLIC SAFETY COMMUNICATIONS 28E AGREEMENT ARTICLES of 28E AGREEMENT made and entered 'nto this day of , 20 , 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. 1 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 Director, 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. Center Board members shall be entitled to the following voting structure: Black Hawk County Sheriff-2 votes City of Waterloo Fire Chief— 1 vote City of Waterloo Police Chief— 3 votes City of Cedar Falls Fire Chief— 1 vote City of Cedar Falls Police Chief-2 votes City of Evansdale Police Chief— 1 vote City of Hudson Police Chief — 1 vote City of LaPorte City Police Chief - 1 vote City of Dunkerton Police Chief - 1 vote City of Gilbertville Police Chief - 1 vote One Fire Chief representing the Firemen's Association — 1 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: 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 regarding collective bargaining matters, the conflict resolution procedures of Article 12 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. 2 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 8: 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 9: FINANCING The Black Hawk County 911 Service Board, hereinafter referred to as the 91 1 Board, will pay for 100 percent of all 911 related costs that are eligible under Iowa Code Chapter 34A to be recovered from the subscriber access charge. Related 911 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. In the event funds are not available through the 911 Board, expenses not covered would then be absorbed into the Center's budget and covered under the EMA Levy. The Center's Board will provide their proposed budget, to the EMA Commission by December of each year. ARTICLE 10: BUDGET PREPARATION SECTION 1: The annual operating budget shall be prepared by the Director and submitted to the Center Board for preliminary approval in November 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 I. SECTION 3: By December of each year, the Chairperson of the Center Board will forward the preliminary budget, to the EMA Commission for their review, approval, and adoption to become part of the Commission's budget, which would be funded through a countywide property tax special levy. ARTICLE 11: 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. 3 ARTICLE 12: 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 13: 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 911 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 911 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 14: 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 15: SEVERABILITY If any provision of this Agreement or the application thereof to any person a 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 16: ADOPTION This Agreement shall have full force and effect upon ratification by a simple majority of the participants. BLACK HAWK COUNTY, IOWA CITY OF WATERLOO, IOWA BY: Signature Chairperson Printed name Attest: BY: Quentin Signature Quentin Hart Mayor Printed name Attest: ?Carey Fefc(iT 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 nacre Attest: Attest: Signature Signature 5