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Amendment to 28E Agreement - Emergency Communications Center ... CITY OF DUBUQUE, IOWA MEMORANDUM September 14, 2000 TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Amendment to the 28E Agreement Emergency Communications Supervisor Sandi Hutchcroft is recommending approval of amendments to the 28 E Agreement between the City of Dubuque, Dubuque County and the E911 Service Board for operation of the Dubuque County Public Safety Communication Center. I concur with the recommendation and respectfully request Mayor and City Council approval. Michael C. Van Milligen MCVM/dd Attachment o a o U) f01 '-0 :0 ITl .~ :Tl :::::: -4;~~........ I'll o cc: Barry Lindahl, Corporation Counsel Tim Moerman, Assistant City Manager Sandi Hutchcroft, Emergency Communications Supervisor 0''::: tJ- (") c t"r, ". ]: N o ...~ 3; o CD UI ~ ,. DUBUQUE PUBLIC SAFETY COMMUNICATIONS CENTER COMMITTEE Dubuque City/County Law Enforcement Center 770 Iowa Street Dubuque, Iowa 52001 \1,>vJ~ 8 September 2000 Mayor Terry Duggan and Dubuque City Council City Hall Dubuque, Iowa 52001 Dear Council Members: The Dubuque County Public Safety Communications Center Committee recently reviewed and updated the articles of agreement which govern the Communications Center. At our meeting on September 6th, we approved the accompanying agreement and voted to recommend approval of this agreement to you, the Dubuque County Board of Supervisors and the Joint E-911 Service Board. We would appreciate your action approving this agreement. Sincerely, ~~- Chief, Asbury Police Department Chair, Dubuque Public Safety Communications Center Committee Enclosure GF/dmd , DUBUQUE COUNTY PUBLIC SAFETY COMMUNICATIONS CENTER AGREEMENT ARTICLES OF AGREE~fENT made and entered into by and between the parties, DUBUQUE COUNTY, IOWA, hereinafter referred to as "County", the CITY OF DUBUQUE, IOWA, a Municipal Corporation in Dubuque ~ounty, State of Iowa, hereinafter referred to as "City", and the DUBUQUE COUNTY JOINT E911 SERVICE BOARD, described in Iowa Code 34A.3, herein referred to as "E911 Board". IT IS HEREBY AGREED BY THE PARTIES HERETO AS FOLLOWS: ARTICLE I. Purpose For the purpose of gaining economy of operations while maintaining, improving and coordinating the professional dispatching of public safety services in Dubuque County, the Dubuque County Public Safety Communications Center, hereinafter referred to as the "Center", is hereby established. The Center shall be operated and maintained by the City of Dubuque and shall provide dispatch and communications services to all law enforcement agencies within Dubuque County, to the volunteer and paid fire departments within Dubuque County, and to all emergency ambulance services within Dubuque County. ARTICLE II. Place ofOperntion The Center shall be housed in the Dubuque City/County Law Enforcement Center. Page 1 /}. -- //} . -7 f'--;::::/ /(.L / .? /:. <?' ~O /.A' ,:;.c;"0.. ~~ /Y' 4~~ c1 {~#'~/--%O4?. /?:-r"~~/L/ ~/ //C/ ~ ( /. . 7" //1' -, .'---" / ~..---' ' .. ARTICLE III. Legal Status No 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 hereinafter provided. ARTICLE IV. Commencement ofO?erations The organization and implementation of the Center shall commence at such time as the City, the County, and the Ee911 Board execute this Agreement in the manner hereinafter provided. ARTICLE V. Duration The duration and existence of this Agreement shall be continuous, until terminated as hereinafter provided. ARTICLE VI. Public Safety Communications Center Committee Section 1. A separate and distinct Dubuque County Public Safety Communications Center Division shall be established within the organization and budget of the City of Dubuque, Iowa. Section 2. To manage and administer the Center there is hereby established a five member Public Safety Communications Center Committee, hereinafter referred to as the "Committee", composed of: (a) the County Sheriff; (b) the City of Dubuque Fire Chief; (c) the City of Page 2 Dubuque Police Chief; (d) a representative of the other law enforcement agencies within Dubuque County; and (e) a representative from the Dubuque County Fire Association. The term of the representative of the other law enforcement agencies shall be one year beginning July 1 each year. The term of the representative of the Dubuque County Fire Association shall be one year beginning July 1 of each year. Section 3. The Committee shall establish the operating procedures for the Center and meet as necessary, but at least monthly, to provide the direction and oversight necessary for the effective operation of the Center. Section 4. The position of Chairperson shall rotate between the members of the Committee on a semi-annual basis. The Chairperson shall cause minutes of the Committee meetings to be prepared and distributed to the Committee members, Joint E911 Board members & heads of all public safety agencies in Dubuque County. Section 5. The Committee shall act as an advisory committee to the City Manager in the selection of the Center Manager. Section 6. Page 3 All administrative, personnel, accounting, budgetary and procurement policies of the City of Dubuque shall govern the Center in all of its operations and activities. Section 2. The Manager shall be appointed by the City Manager upon recommendation of the Committee. ARTICLE VIII. City Employees The Manager and other persons assigned to the Center shall be employees of the City of Dubuque. Payroll and terms of employment shall be administered by the City of Dubuque. ARTICLE IX. Financing The cost shares of the City and the County, the method of payment, and special financing Page 4 arrangements and ownership of property shall be as follows: Section 1. All personnel and operating costs shall be paid by the City. The County shall reimburse the City upon receipt of a monthly billing that represents one-third of actual personnel and operating costs and the E911 Board through Dubuque County will reimburse the City for 1 DO-percent of all E911 related costs that are eligible under Chapter 34A of the Iowa Code to be recovered from the one-dollar ($1.00) per month subscriber access charge. Section 2. Equipment, furniture and maintenance costs eligible to be paid from E911 surcharge monies will be paid for by the surcharge fund. All costs for the Center to be used jointly by the City and the County, which are ineligible for payment by surcharge monies, shall be paid for by the City. The County shall reimburse the City upon receipt of a billing that represents one-third of the actual joint use equipment, furniture and maintenance costs. Section 3. Equipment, furniture and maintenance costs of facilities for sole use by the City or the County shall be entirely paid for by the governmental agency which uses such equipment, furniture or maintenance. Section 4. Page 5 Equipment or furniture purchased for joint use under this Agreement shall be jointly owned in accordance with the cost sharing agreement. Equipment or furniture purchased for sole use under this Agreement shall be owned solely by the purchasing jurisdiction. Section 5. All equipment and furniture shall be marked and inventoried in a manner prescribed by the Committee. Ownership shall also be identified. ARTICLE X. Budget Preparation The annual operating budget shall be prepared by the Manager and submitted to the City Manager in the format requested and according to the City's budget submission schedule. The Manager shall submit to the Sheriff, by December 1 st, the estimated County share of the expense of the Center for the next fiscal year for inclusion in the County budget. ARTICLE XI. Control Over Emergency Communications Center Equipment Interfaced Directly to the National Crime Information Center Computer or any Iowa Computer Containing Criminal Historv Data The Committee will maintain access to the National Crime Information Center (NCIC) and to the Iowa criminal history data. Computer terminals having access to the criminal history information must be under the 28E agreement with the State of Iowa. This control and supervision shall include: Page 6 1. Security of the Center and all records and information; 2. Authority to set and enforce standards for the selection, supervision and termination of personnel not inconsistent with the laws of the State of Iowa; 3. Authority to set and enforce polICY governing the operation of computers, circuits and telecommunication terminals used to process criminal history record information insofar as the equipment is used to process, store and transmit criminal history record information; 4. Control over the dissemination of criminal history information whether by radio, telephone, or teletype; and 5. Determination of who shall have access to the Center area. It is understood and agreed that this does not affect the Committee's authority and responsibilities outlined under this Agreement and the bylaws of the Committee nor does it affect the powers and duties of the City Manager as provided by the Code of Iowa. ARTICLE XU. Termination Section 1. Temlination of the operation of the Center established by this Agreement shall be Page 7 effective at the beginning of the next fiscal year following twelve (12) months written notice of withdrawal given by any of the parties to this Agreement to the other parties. Section 2. Termination shall not relieve the County, City, or 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, City or E911 Board shall be distributed according to the inventory of the Committee. Equipment and furniture owned jointly shall be distributed in a manner consistent with the basis of the member's contribution and is as agreeable to each Committee member. Where full agreement is not reached, the equipment and furniture shall be liquidated and the proceeds distributed to the County, City or E911 Board prorated upon same basis that the County, City or E911 Board contributed to the purchase of the equipment and furniture. Section 4. The Committee shall not be dissolved when there remains any indebtedness incurred by the Center or any undistributed equipment and furniture of the Center ARTICLE XIII. Amendments The terms of this Agreement shall be amended only upon approval of any proposed amendment Page 8 by resolution of the County, City and E911 Board. ARTICLE XIII. 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 or 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 XV. Adoption It is hereby mutually agreed that this Agreement shall have full force and effect upon passage of a resolution by the Board of Supervisors of Dubuque County approving this Agreement and authorizing and directing the Chairperson of the Board of Supervisors to sign the same, and upon passage of a resolution by the City Council of the City of Dubuque approving this Agreement and authorizing and directing the Mayor to sign the same, and upon passage of a resolution by the Dubuque County Joint E911 Service Board approving this Agreement and authorizing and directing the Chairperson to sign the same. DUBUQUE COUNTY, IOWA CITY OF DUBUQUE, IOWA aL. ffi.~g,L Alan Manternach Chairperson, Board of Supervisors Te1.~ Mayor, Dubuque City Council Date: Date: September 18, 2000 Page 9 DUBUQUE COUNTY JOINT E911 SERVICE BOARD Alan Manternach Chairperson, E911 Service Board Date: Adopted - July 1, 1991 Revised - September, 2000 Page 10 DUBUQUE COUNTY PUBLIC SAFETY COMMUNICATIONS CENTER AGREEMENT ARTICLES OF AGREEMENT made and entered into by and between the parties, DUBUQUE COUNTY, IOWA, hereinafter referred to as "County", the CITY OF DUBUQUE, IOWA, a Municipal Corporation in Dubuque County, State of Iowa, hereinafter referred to as "City", and the DUBUQUE COUNTY JOINT E911 SERVICE BOARD, described in Iowa Code 34A.3, herein referred to as "E911 Board", IT IS HEREBY AGREED BY THE PARTIES HERETO AS FOLLOWS: ARTICLE I. Purpose For the purpose of gaining economy of operations while maintaining, improving and coordinating the professional dispatching of public safety services in Dubuque County, the Dubuque County Public Safety Communications Center, hereinafter referred to as the "Center", is hereby established. The Center shall be operated and maintained by the City of Dubuque and shall provide dispatch and communications services to all law enforcement agencies within Dubuque County, to the volunteer and paid fire departments within Dubuque County, and to all emergency ambulance services within Dubuque County. ARTICLE II. Place of Operation The Center shall be housed in the Dubuque City/County Law Enforcement Center. Page 1 ARTICLE III. Legal Status No 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 hereinafter provided. ARTICLE IV. Commencement of Operations The organization and implementation of the Center shall commence at such time as the City, the County, and the Ee911 Board execute this Agreement in the manner hereinafter provided. ARTICLE V. Duration The duration and existence of this Agreement shall be continuous, until terminated as hereinafter provided. ARTICLE VI. Public Safety Communications Center Committee Section I. A separate and distinct Dubuque County Public Safety Communications Center Division shall be established within the organization and budget of the City of Dubuque, Iowa. Section 2. To manage and administer the Center there is hereby established a five member Public Safety Communications Center Committee, hereinafter referred to as the "Committee", composed of: (a) the County Sheriff; (b) the City of Dubuque Fire Chief; (c) the City of Page 2 Dubuque Police Chief; (d) a representative of the other law enforcement agencies within Dubuque County; and (e) a representative from the Dubuque County Fire Association. The term of the representative of the other law enforcement agencies shall be one year beginning July 1 each year. The term of the representative of the Dubuque County Fire Association shall be one year beginning Julyl of each year. Section 3. The Committee shall establish the operating procedures for the Center and meet as necessary, but at least monthly, to provide the direction and oversight necessary for the effective operation of the Center. Section 4. The position of Chairperson shall rotate between the members of the Committee on a semi-annual basis. The Chairperson shall cause minutes of the Committee meetings to be prepared and distributed to the Committee members, Joint E9ll Board members & heads of all public safety agencies in Dubuque County. Section 5. The Committee shall act as an advisory committee to the City Manager in the selection of the Center Manager. Section 6. Page 3 All administrative, personnel, accounting, budgetary and procurement policies of the City of Dubuque shall govern the Center in all of its operations and activities. ARTICLE VII. Communications Center Manager Section 1. The day-to-day operation of the Center shall be under the direction and management of a Communications Center Manager, hereinafter referred to as the "Manager". The Manager shall have the responsibility to direct and control all dispatchers and operations of the Center subject to: (a) the operating procedures established by the Public Safety Communications Center Committee; (b) the policies and procedures of the City of Dubuque; and (c) the purposes of the Center. Section 2. The Manager shall be appointed by the City Manager upon recommendation of the Committee. ARTICLE VIII. City Employees The Manager and other persons assigned to the Center shall be employees of the City of Dubuque. Payroll and terms of employment shall be administered by the City of Dubuque. ARTICLE IX. Financing The cost shares of the City and the County, the method of payment, and special fmancing Page 4 arrangements and ownership of property shall be as follows: Section 1. All personnel and operating costs shall be paid by the City. The County shall reimburse the City upon receipt of a monthly billing that represents one-third of actual personnel and operating costs and the E9I1 Board through Dubuque County will reimburse the City for 1 DO-percent of all E9I1 related costs that are eligible under Chapter 34A of the Iowa Code to be recovered from the one-dollar ($1.00) per month subscriber access charge. Section 2. Equipment, furniture and maintenance costs eligible to be paid from E9I1 surcharge monies will be paid for by the surcharge fund. All costs for the Center to be used jointly by the City and the County, which are ineligible for payment by surcharge monies, shall be paid for by the City. The County shall reimburse the City upon receipt of a billing that represents one-third of the actual joint use equipment, furniture and maintenance costs. Section 3. Equipment, furniture and maintenance costs of facilities for sole use by the City or the County shall be entirely paid for by the governmental agency which uses such equipment, furniture or maintenance. Section 4. Page 5 Equipment or furniture purchased for joint use under this Agreement shall be jointly owned in accordance with the cost sharing agreement. Equipment or furniture purchased for sole use under this Agreement shall be owned solely by the purchasing jurisdiction. Section 5. All equipment and furniture shall be marked and inventoried in a manner prescribed by the Committee. Ownership shall also be identified. ARTICLE X. Budget Preparation The annual operating budget shall be prepared by the Manager and submitted to the City Manager in the format requested and according to the City's budget submission schedule. The Manager shall submit to the Sheriff, by December 1 st, the estimated County share of the expense of the Center for the next fiscal year for inclusion in the County budget. ARTICLE XI. Control Over Emergencv Communications Center Equipment Interfaced Directly to the National Crime Information Center Computer or any Iowa Com9uter Containing Criminal History Data The Committee will maintain access to the National Crime Information Center (NCIC) and to the Iowa criminal history data. Computer terminals having access to the criminal history information must be under the 28E agreement with the State ofIowa. This control and supervision shall include: Page 6 1. Security of the Center and all records and information; 2. Authority to set and enforce standards for the selection, supervision and termination of personnel not inconsistent with the laws of the State of Iowa; 3. Authority to set and enforce policy governing the operation of computers, circuits and telecommunication terminals used to process criminal history record information insofar as the equipment is used to process, store and transmit criminal history record information; 4. Control over the dissemination of criminal history information whether by radio, telephone, or teletype; and 5. Determination of who shall have access to the Center area. It is understood and agreed that this does not affect the Committee's authority and responsibilities outlined under this Agreement and the bylaws of the Committee nor does it affect the powers and duties of the City Manager as provided by the Code of Iowa. ARTICLE XII. Termination Section 1. Termination of the operation of the Center established by this Agreement shall be Page 7 effective at the beginning of the next fiscal year following twelve (12) months written notice of withdrawal given by any of the parties to this Agreement to the other parties. Section 2. Termination shall not relieve the County, City, or E911 Board of any fmancial obligation incurred before the effective termination date, under the terms of this Agreement. Section 3. Equipment and furniture owned solely by the County, City or E911 Board shall be distributed according to the inventory of the Committee. Equipment and furniture owned jointly shall be distributed in a manner consistent with the basis of the member's contribution and is as agreeable to each Committee member. Where full agreement is not reached, the equipment and furniture shall be liquidated and the proceeds distributed to the County, City or E911 Board prorated upon same basis that the County, City or E911 Board contributed to the purchase of the equipment and furniture. Section 4. The Committee shall not be dissolved when there remains any indebtedness incurred by the Center or any undistributed equipment and furniture of the Center ARTICLE XIII. Amendments The terms of this Agreement shall be amended only upon approval of any proposed amendment Page 8 by resolution of the County, City and E911 Board. ARTICLE XIII. 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 or 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 XV. Adoption It is hereby mutually agreed that this Agreement shall have full force and effect upon passage of a resolution by the Board of Supervisors of Dubuque County approving this Agreement and authorizing and directing the Chairperson of the Board of Supervisors to sign the same, and upon passage of a resolution by the City Council of the City of Dubuque approving this Agreement and authorizing and directing the Mayor to sign the same, and upon passage of a resolution by the Dubuque County Joint E911 Service Board approving this Agreement and authorizing and directing the Chairperson to sign the same. DUBUQUE COUNTY, IOWA CITY OF DUBUQUE, IOWA /) j t?7/ CZ' /:'~ / . "\) , 04i;-- //(~/~LI~ ~/L'U~Y' y~ Alan Manternach Terrance M. Duggan Chairperson, Board of Supervisors Mayor, Dubuque City Council Date: II :jtctJ-/tJ{lt( lM/( 2tfZ~ Date: September 18, 2000 Page 9 DUBUQUE COUNTY JOINT E911 SERVICE BOARD ~ !It-~../ Alan Manternach Challpe~on,E911SenriceBo~d Date: 1 ~..., .tJ-1 Adopted - July 1, 1991 Revised - September, 2000 Page 10