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HomeMy WebLinkAbout2020-04-20-J01M 28E Agreement_Safety Group Central Iowa SouthAGENDA ITEM: CITY OF WAUKEE, IOWA CITY COUNCIL MEETING COMMUNICATION MEETING DATE: April 20, 2020 AGENDA ITEM:Consideration of approval of resolution approving a Chapter 28E Joint Intergovernmental Action Agreement Providing for a Safety Group Central Iowa South. FORMAT:Resolution SYNOPSIS INCLUDING PRO & CON: The City of Waukee Public Works, Parks and Recreation, and Development Services departments currently receive some occupational safety training through an agreement with Iowa Association of Municipal Utilities (IAMU). IAMU is offering to safety groups/clusters the opportunity to take our safety program to the next level by offering a Safety & Health Management Services agreement that establishes a Regional Safety Coordinator to live and work in our geographic area. This innovative model provides for intensive and effective safety and health management services to Waukee employees. This program will also offer a consistent and comprehensive safety program available to all City Departments. The 28E Agreement will be between the Cities of Waukee, Adel, Greenfield, Grimes, Stuart, Perry, Polk City, and Winterset. The agreement will remain in effect as long at least two parties remain and wish to procure and coordinate safety services. City legal staff has reviewed the agreement and finds it within acceptable terms. City staff has worked collaboratively with partnering communities and IAMU to determine a solution to enhance the safety training program for our employees and this agreement is the first step to setting up a successful and empowering program. FISCAL IMPACT INCLUDING COST/BENEFIT ANALYSIS: The cost allocation among the parties is determined by three components, (1) a base participation fee, (2) an employee proportion fee, and (3) a population proportion fee. For Waukee the annual fee is estimated to be $39,999, with payment submitted on a quarterly basis to IAMU. Staff have accounted for this fee in their respective department’s budget Training line item in the recently approved FY21 budget. COMMISSION/BOARD/COMMITTEE COMMENT: STAFF REVIEW AND COMMENT: Staff recommend approval of the resolution and 28E agreement. Time is of the essence as IAMU intends to advertise, recruit and hire a Regional Safety Coordinator with the intent of this person starting in July 2020. RECOMMENDATION: Approve the resolution. ATTACHMENTS: I. Chapter 28E Joint Intergovernmental Action Agreement II. Resolution PREPARED BY:Beth Richardson REVIEWED BY:Rudy Koester RK J1M THE CITY OF WAUKEE, IOWA RESOLUTION 2020- AGREEING TO BECOME A MEMBER OF THE SAFETY GROUP CENTRAL IOWA SOUTH AND IOWA ASSOCIATION OF MUNICIPAL UTILITIES (IAMU) AGREEMENT IN THE NAME AND BY THE AUTHORITY OF THE CITY OF WAUKEE, IOWA WHEREAS, the City of Waukee, Iowa is a duly organized municipality within Dallas County; AND, WHEREAS, the City of Waukee desires to provide safe working conditions for its employees, minimizing accidents and reducing risks and losses; AND, WHEREAS, a comprehensive safety program, including written policies of the City, is a necessary part of providing safe working conditions and minimizing accidents, risks and losses; AND, WHEREAS, a written plan for the formation of the Safety Group Central Iowa South (SGCIS) and Iowa Association of Municipal Utilities (IAMU) Agreement has been prepared. NOW THEREFORE BE IT RESOLVED by the City of Waukee City Council: 1.That management is hereby authorized to participate in SGCIS; 2.Public Works Director/City Engineer Rudy Koester is appointed as the delegate to SGCIS; 3.Assistant Public Works Director of Operations Tim Royer is appointed as the alternated to SGCIS; and 4.The SGCIS and IAMU Agreement is accepted and approved by execution of this resolution by council. Passed by the City Council of the City of Waukee, Iowa, and approved the 20th day of April, 2020. ____________________________ Courtney Clarke, Mayor Attest: ___________________________________ Rebecca D. Schuett, City Clerk RESULTS OF VOTE: AYE NAY ABSENT ABSTAIN Anna Bergman R. Charles Bottenberg Chris Crone Larry R. Lyon Ben Sinclair CHAPTER 28E JOINT INTERGOVERNMENTAL ACTION AGREEMENT PROVIDING FOR A SAFETY GROUP CENTRAL IOWA SOUTH THIS AGREEMENT ("Agreement") is entered into pursuant to Iowa Code Chapter 28E by and between the undersigned cities, city utilities, and other public or private agencies which agree to become a party to this Agreement in accordance with the terms of this Agreement. The various cities, city utilities and private agencies which may from time to time become a party to this Agreement are each individually referred to in this Agreement as a “party”, and collectively as the “parties”. WHEREAS, the parties desire to enter into this Agreement pursuant to Iowa Code Chapter 28E in order to provide for joint and cooperative action among the parties for purposes of procuring safety services at an affordable price and to reduce future safety-related liabilities; NOW, THEREFORE, the parties agree as follows: ARTICLE I PARTICIPATION Section 1. Participation and Administration. Any public or private agency may become a party to this Agreement with the consent of the other parties. Each of the parties to this Agreement shall be a member in good standing of the Iowa Association of Municipal Utilities (“IAMU”). IAMU shall be the Administrator of this Agreement and shall provide safety services to the parties jointly pursuant to a services Agreement. This Agreement does not establish a separate legal entity, and no real or personal property shall be acquired, held, or disposed of under this Agreement. Section 2. Initial Parties. The initial parties of the Safety Group Central Iowa South are the City of Adel, the City of Greenfield, the Greenfield Municipal Utilities, the City of Grimes, the City of Perry, the City of Polk City, the Stuart Municipal Utilities, the City of Waukee, the City of Winterset, and the Winterset Municipal Utilities. Section 3. Additional Parties. Any public or private agency may, on a quarterly basis, become an additional party with the consent of at least two thirds of the other parties provided that such additional party provides (1) written evidence of adoption of a resolution by the governing body of the party approving and joining this Agreement, (2) notice of intent to participate given to IAMU at least 30 days prior to the start of the calendar quarter during which the party intends to begin participation, (3) remission of the additional party’s allocated cost share as determined pursuant to Article IV of this Agreement, and (4) an executed addendum to this Agreement in form and content approved by IAMU. Section 4. Withdrawal. Any party may withdraw from this Agreement on a annual basis and may do so by providing (1) written evidence of adoption of a resolution by the governing body of the party withdrawing from this Agreement, (2) notice of intent to withdraw given to IAMU at least 90 days prior to the start of the calendar year during which the party intends to end participation, (3) remission of the party’s allocated cost share as determined pursuant to Article IV of this Agreement, and (4) an executed addendum to this Agreement in the form and content approved by IAMU. No initial party, or additional parties within the first three years, as listed in Section 2 of this Article, may withdraw from the Agreement prior to June 30, 2023. Section 5. Expulsion. A party may be expelled from this Agreement for cause upon a two thirds majority vote of the other parties at a meeting of the Coordinating Committee. For purposes of this Section 5, “for cause” means a material failure to comply with the terms of this Agreement including but 2 not limited to failure to timely remit payments for the party’s allocated share of costs or failure to participate in safety related functions. Section 6. Duration. This Agreement shall be in effect as long as at least two parties remain and wish to procure and coordinate safety services. Section 7. Termination. This Agreement may be terminated by a unanimous vote of the parties at a meeting of the Coordinating Committee established in Article III of this Agreement. ARTICLE II PURPOSE The purpose of this Agreement is to provide for joint and collective action among the parties to procure and coordinate safety and related services from IAMU and to fairly allocate the costs of those services among the parties. By procuring and coordinating safety and related services, the parties will ensure the safety of municipal employees, protect members of the public, and better care for public property in a manner that is consistent with the best interests of municipal utilities and their customers. ARTICLE III COORDINATING COMMITTEE Section 1. Coordinating Committee. Each entity that is a party to this Agreement shall be entitled to appoint one representative to the Coordinating Committee (“Committee”), except that no city may appoint more than one representative. If a city and a municipal utility in that city are each parties to this Agreement, then the city and the municipal utility in that city shall jointly appoint one representative. The Committee shall participate in training meetings, communications, and discussions with other members and with IAMU. The Committee shall hold an annual meeting each year on or after September 1. A Chairperson shall be selected at the annual meeting. The Committee may hold other meetings from time to time during the year at the call of the Chairperson. Representatives that cannot participate may name an alternate to participate. A majority of the parties to this Agreement shall constitute a quorum for purposes of the annual meeting. Section 2. Coordinating Committee Duties. The Committee may plan and execute safety coordination activities on behalf of the parties, including the following actions and activities: 1. Setting goals and priorities for training pursuant to this Agreement; 2. Making recommendations on additional parties; 3. Making and entering into service agreements on behalf of the parties; 4. Evaluating training services and recommending changes or improvements; 5. Estimating the costs of service agreements and other expenses, and allocating all costs and expenses among the parties, including approving cost allocations pursuant to Article IV of this agreement; 6. Such other planning and coordinating activities as may be determined by the Coordinating Committee to efficiently meet the needs of the parties; 7. Forming subcommittees, from time to time, for other purposes. 8. Input in the selection of the safety professional being hired by IAMU. 9. Conduct a performance evaluation of safety professional. 3 ARTICLE IV COSTS Section 1. Cost Allocation. The parties shall allocate safety and related service costs among them as follows: 1. Determine the total cost of service agreements with IAMU for providing safety and related services and any other related costs or expenses. 2. Allocate a portion of the total cost to three components: (1) a base participation fee, (2) an employee proportion, and (3) a population proportion. 3. The base participation fee shall be the same for each party, and the total amount of base participation fees shall be subtracted from the total cost of service agreements. 4. The amount remaining after subtracting the base participation fees shall be divided in half and equal amounts shall be assigned to the employee and population components. 5. The share of the cost that each party is allocated under the employee component shall be determined by dividing that party’s number of employees by the total number of employees employed by all parties and then allocating a share of the employee component costs according to that proportion. 6. The share of the cost that each party is allocated under the population component shall be determined by dividing that party’s population by the total population of all parties and then allocating a share of the population component costs according to that proportion. 7. The total amount allocated to each party shall be equal to the base participation fee plus the amount allocated under the employee component, plus the amount allocated under the population component. 8. The total amount allocated to all parties must equal the total of all obligations owed under all active service agreements. Section 2. Cost Allocation Schedule. The Committee shall review and approve the cost allocation amounts determined pursuant to Section 1 of this Article. Costs shall be allocated to the parties at least annually and may be reallocated during the year as necessary. However, upon the acceptance of additional parties to this agreement pursuant to Article I, the costs shall be reallocated as described in Section 1 of this Article. The Committee may amend the base participation fee from time to time upon a three fourths majority of those present and voting. Section 3. Payments. Parties shall remit payments to IAMU on a quarterly basis according to the cost allocation amounts determined pursuant to Section 1 of this Article. Section 4. Insurance. Each Party shall name the IAMU as an additional insured on each party’s liability policy upon the request of the IAMU. ARTICLE V AMENDMENTS This agreement may be amended from time to time upon the approval of the parties. However, the acceptance of additional parties shall be as described in Article I of this Agreement and shall not require a written amendment to the Agreement or further action by the initial parties. ARTICLE VI MISCELLANEOUS PROVISIONS 4 Section 1. Governing Law. This Agreement is entered into and performable in substantial and material part in Iowa and shall be governed by and construed in accordance with the laws of the State of Iowa, and in particular Iowa Code Chapter 28E, but without regard to the provisions thereof relating to conflicts of law or choice of law. Section 2. Relationship of Parties Limited. Nothing contained in this Agreement, and no action taken, failed, or omitted to be taken by any party pursuant hereto shall be deemed to constitute the parties a partnership, an association, a joint venture or other entity. In no event shall any party be liable or responsible for any debts, liabilities or obligations of any kind or nature of any other party. Section 3. Liability Limited. No party shall be liable for any actions taken pursuant to this Agreement, and no assets or properties of any party shall be liable for, or otherwise in any way subject to, any lien or other action of any creditor of any other party or any creditor arising from actions taken pursuant to this Agreement. IAMU, as the Administrator of this Agreement, shall have no liability under this Agreement to any party except only for any acts that are determined by a final, non-appealable judgement of an Iowa court to have constituted recklessness or intentional violation of law. Section 4. Construction. This Agreement shall not be construed more strongly against any party regardless of who was more responsible for its preparation. The titles or captions of sections and paragraphs in this Agreement are provided for convenience of reference only, and shall not be considered a part of this Agreement for purposes of interpreting or applying this Agreement and such titles or captions do not define, limit, extend, explain or describe the scope or extent of this Agreement or any of its terms or conditions. The words “include” and “including” are used in this Agreement in a nonexclusive manner and fashion, that is to include, but without limitation, the facts, items or other matters in question. Any references to a “Section” in this Agreement are to the referenced Section of this Agreement, unless expressly stated otherwise. Words and phrases in this Agreement shall be construed as in the singular or plural number and as masculine, feminine or neuter gender, according to the context. Section 5. Counterparts. This Agreement, or any addendum to this Agreement, may be executed in counterparts (including by PDF, e-mail or facsimile transmission), each of which shall be deemed an original, but all of which together shall constitute one and the same Agreement. Section 6. Severability. In the event that any provision of this Agreement is held invalid, illegal or unenforceable, in whole or in part, the remaining provisions of this Agreement shall not be affected thereby and shall continue to be valid and enforceable. In the event that any provision of this Agreement is held to be invalid, illegal or unenforceable as written, but valid, legal and enforceable if modified, then such provision shall be deemed to be amended to such extent as shall be necessary for such provision to be valid, legal and enforceable and it shall be enforced to that extent. Any finding of invalidity, illegality or unenforceability in any jurisdiction shall not invalidate or render illegal or unenforceable such provision in any other jurisdiction. Section 7. Entire Agreement. This Agreement constitutes the entire Agreement among the parties pertaining to the subject matters hereof and supersedes all negotiations, preliminary Agreements and all prior or contemporaneous discussions and understandings of the parties in connection with the subject matters hereof. Section 8. Filings. This Agreement, and any amendment, modification, or notice of termination of this Agreement, shall be filed in accordance with Section 28E of the Code of Iowa. 5 IN WITNESS WHEREOF, the parties have entered into and executed this Agreement effective as of _____________________, 2020. [SIGNATURE PAGES FOLLOW] CIASSO Group 1 Estimated Cost 3/27/2020 $130,000 Town Population Employees Base Population %Employee %Total Adel, City of 4386 10 $1,000 $4,471 $5,128 $10,600 Greenfield, City of 972 5 $1,000 $991 $2,564 $4,555 Greenfield MU 972 8 $1,000 $991 $4,103 $6,093 Grimes, City of 12742 19 $1,000 $12,990 $9,744 $23,733 Stuart MU 1695 5 $1,000 $1,728 $2,564 $5,292 Perry, City of 7517 12 $1,000 $7,663 $6,154 $14,817 Polk City, City of 4646 6 $1,000 $4,736 $3,077 $8,813 Waukee, City of 20649 35 $1,000 $21,051 $17,949 $39,999 Winterset, City of 2638 8 $1,000 $2,689 $4,103 $7,792 Winterset MU 2638 9 $1,000 $2,689 $4,615 $8,305 58855 117 10,000$ $60,000 $60,000 $130,000