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HomeMy WebLinkAbout2022-08-01 J01E_01 28E Agreement_Fire-EMS Records ManagementAGENDA ITEM: CITY OF WAUKEE, IOWA CITY COUNCIL MEETING COMMUNICATION MEETING DATE: August 11th, 2022 AGENDA ITEM:Consideration of approval of a resolution approving Intergovernmental Agreement for the Funding and Operation of a Joint Fire and EMS Records Management System [Cities of Clive, Grimes, Johnston, Norwalk, Urbandale, Waukee and Windsor Heights] FORMAT:Consent Agenda SYNOPSIS INCLUDING PRO & CON: The Waukee fire department wishes to renew a 28 E for the purpose of sharing a records management system with multiple metro cities. The original 28 E was approved by council in 2017 and had a sunset date of 8/2022. The city of Clive will continue be the fiscal agent and holder of the single license. The RMS cost is defined in the 28E, based on several criteria including fire and ambulance call volume. The participating cities are; Clive, Grimes, Johnston, Urbandale, Norwalk, Windsor Heights and Waukee FISCAL IMPACT INCLUDING COST/BENEFIT ANALYSIS: The cost of the RMS is part of the operational budget. COMMISSION/BOARD/COMMITTEE COMMENT: STAFF REVIEW AND COMMENT: RECOMMENDATION: Approve the resolution. ATTACHMENTS: I. Proposed Resolution II. 28E Agreement PREPARED BY: Fire Chief Clint Robinson REVIEWED BY: PUBLIC NOTICE INFORMATION – NAME OF PUBLICATION: DATE OF PUBLICATION: J1E1 THE CITY OF WAUKEE, IOWA RESOLUTION 2022- RESOLUTION APPROVING INTERGOVERNMENTAL AGREEMENT FOR THE FUNDING AND OPERATIONS OF A JOINT FIRE AND EMS RECORDS MANAGEMENT SYSTEM BY THE CITIES OF CLIVE, GRIMES, JOHNSTON, NORWALK, URBANDALE, WAUKEE AND WINDSOR HEIGHTS WHEREAS, the Cities of Clive, Grimes, Johnston, Norwalk, Urbandale, Waukee and Windsor Heights (the “Cities”) have established the need for the proper documentation and record keeping of emergency responses and daily operations; AND, WHEREAS, in order to most efficiently and cost effectively document and record keep emergency responses and daily operations, the Cities desire to continue operating a jointly purchased records management system originally established pursuant to a Chapter 28E agreement on the 10th of August, 2017; AND, WHEREAS, the City of Waukee desires to enter into an intergovernmental agreement with the Cities with respect to the records management system. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WAUKEE, IOWA: That the Intergovernmental Agreement for the Funding and Operations of a Joint Fire and EMS Records Management System by the Cities of Clive, Grimes, Johnston, Norwalk, Urbandale, Waukee and Windsor Heights is hereby approved and accepted by this City Council, and the Mayor is hereby authorized and directed to execute said agreement on behalf of the City; and the City Clerk is hereby authorized and directed to attest to the signature of the Mayor to same. PASSED AND APPROVED THIS 1ST DAY OF AUGUST, 2022. ____________________________ Courtney Clarke, Mayor Attest: ___________________________________ Rebecca D. Schuett, City Clerk RESULTS OF VOTE: AYE NAY ABSENT ABSTAIN Anna Bergman Pierce R. Charles Bottenberg Chris Crone Larry R. Lyon Ben Sinclair INTERGOVERNMENTAL AGREEMENT FOR THE FUNDING AND OPERATION OF A JOINT FIRE AND EMS RECORDS MANAGEMENT SYSTEM BY THE CITIES OF CLIVE, GRIMES, JOHNSTON, NORWALK, URBANDALE, WAUKEE AND WINDSOR HEIGHTS THIS INTERGOVERNMENTAL AGREEMENT ("Agreement") is entered into effective this 1st day of July, 2022, by and between the CITY OF CLIVE, IOWA, a municipal corporation ("Clive"), the CITY OF GRIMES, IOWA, a municipal corporation ("Grimes"), the CITY OF JOHNSTON, IOWA, a municipal corporation ("Johnston"), the CITY OF NORWALK, IOWA, a municipal corporation ("Norwalk"), the CITY OF URBANDALE, IOWA, a municipal corporation ("Urbandale"), the CITY OF WAUKEE, IOWA, a municipal corporation ("Waukee"), and the CITY OF WINDSOR HEIGHTS, IOWA, a municipal corporation ("Windsor Heights") (Clive, Grimes, Johnston, Norwalk, Urbandale, Waukee, and Windsor Heights are referred to herein individually as a "City" or jointly as the "Cities"), pursuant to Chapter 28E of the Iowa Code. WHEREAS, each City has established the need for the proper documentation and record keeping of emergency responses and daily operations. WHEREAS, in order to most efficiently and cost effectively document and record keep emergency responses and daily operations, the Cities desire to continue operating a jointly purchase records management system originally established pursuant to a Chapter 28E agreement on the 10th of August, 2017 and as subsequently renewed and extended. NOW, THEREFORE, the parties hereto agree as follows: 1. Joint Operation of Fire and EMS Records Management System. The Cities agree to contribute funds to operate a fire and EMS records management system (the “RMS”) to be used by the staff of the Clive Fire Department, Johnston-Grimes Metropolitan Fire Department, Norwalk Fire Department, Urbandale Fire Department, Waukee Fire Department, and the Windsor Heights Fire Department (referred to herein as the “Fire Departments”). The RMS design and operations shall be mutually agreed upon by the Fire Chiefs of the Cities. This Agreement shall not create a separate legal or administrative entity. The Fire Chiefs of the Cities shall be designated as the administrators of this Agreement. 2. Lead Agency/Licensing of RMS. Clive shall serve as the lead agency for the project, including the purchasing process and obtaining the license of the RMS software. In consideration for the contributions to the purchase and operations of the RMS, the Cities shall have the rights to use the RMS as set forth in this Agreement. 3. Operation of RMS. Each City agrees to split the cost of the RMS using a combination of percent splits (based on the fiscal year ending 12 months prior proportion of fire and EMS responses) and equal splits (based on the current number of participating fire and EMS departments). Standard Services costs are shared by all Cities. Optional Services costs are shared by those Cities utilizing individual services. 2 “Standard Services” Include: Image Trend Elite Rescue Annual Support: Percent Image Trend Elite Rescue Annual Hosting: Percent Image Trend Elite Field Site License Annual Support: Equal Image Trend Elite CAD Integration Annual Support: Equal “Optional” Services Include: Image Trend Elite Mobile Fire Inspections Annual Support: Equal Image Trend Elite Investigations Annual Support: Equal Image Trend Elite Scheduler Annual Support: Equal Image Trend Elite MARS (Mapping) Annual Support: Equal Image Trend Elite Visual Informatics EMS Cube Annual Support: Equal Image Trend Elite Visual Informatics FIRE Cube Annual Support: Equal Image Trend Elite Permits Annual Support: Equal Clive shall bill each City for their share of the annual operating costs as Clive receives the invoices for such costs, and the Cities agree to pay Clive for such costs within forty-five (45) days following the receipt of the invoice from Clive and approval of such invoice. 4. Cost of Annual Support and Hosting. The Cities will annually (no later than January 15 of each year) approve a budget for the annual support and hosting cost for the RMS for the following fiscal year. Annual support and hosting cost for the RMS will be paid by Clive, and Clive will annually submit an accounting of the expenditures to the other Cities for reimbursement based on the splits contained in paragraph 3. 5. Addition of New Users. If approved by each City, a new city that is not a party to this original Agreement may be permitted to join as a party to the Agreement by Addendum, provided that: i. the new city pays a proportional share of the initial investment to each City based on the call volume for the fiscal year ending 12 months prior (for percentage split items) and the then current number of participants (for equal splits items), and ii. any additional fees related to the addition of a new city are paid by the new city. 6. Liability/Indemnification. To the extent permitted by law, each City shall indemnify, defend and hold harmless the other Cities that are parties to this Agreement, their officers, agents and employees, from and against any and all private party claims, sui ts, actions, debts, damages, costs, charges and expenses, including court costs and attorney's fees, and against all liability for property damage to private property and injuries to private persons, including death resulting therefrom, directly or indirectly, as a result or consequence of any act, omission, fault or negligence of that City, its officers, agents or employees (collectively, “Damages”). Unless caused by gross negligence, intentional acts/omissions or fraud, each City waives all claims against the other Cities that are parties to this Agreement for compensation for personal injury or death to its personnel or for damage to its property occurring as a consequence of its participation and performance of the activities contemplated by this Agreement. Further, to the extent permitted by 3 law, each City shall indemnify, save, defend and hold harmless the other Cities that are parties to this Agreement, including their officers, agents and employees, against any and all claims, suits and actions, including court costs and attorney's fees, brought by the officers, agents and employees of the City, occurring as a consequence of the participation and performance of the activities and training contemplated by this Agreement. 7. Term and Termination. This Agreement shall be effective upon the date stated above and shall remain in effect until July 1, 2027, unless earlier terminated as set forth herein or upon the agreement of the parties. Any City may terminate its use of the RMS and terminate its participation in this Agreement by providing the other Cities with written notice not less than eighteen months (18) prior to the effective date of the termination. Upon the written agreement of the Cities, the term of this Agreement may be extended. Should any City request termination of their participation in this Agreement, there will be no return of its initial or annual contributions to the purchase and operation of the RMS. 8. Notice. Any notice or demand desired or required to be given hereunder shall be in writing and deemed given when personally delivered or when deposited in the United States mail, postage prepaid, sent certified or registered, and addressed as follows: a. If to Clive, to: City of Clive City Hall 1900 N.W. 114th Street Clive, Iowa 50325 Attention: City Manager b. If to Grimes, to: City of Grimes City Hall 101 NE Harvey Street Grimes, Iowa 50111 Attention: City Administrator c. If to Johnston, to: City of Johnston City Hall 6221 Merle Hay Road Johnston, Iowa 50131 Attention: City Administrator 4 c. If to Norwalk, to: City of Norwalk City Hall 705 North Avenue Norwalk, Iowa 50211 Attention: City Manager d. If to Urbandale, to: City of Urbandale City Hall 3315 70th Street Urbandale, Iowa 50322 Attention: City Manager e. If to Waukee, to: City of Waukee City Hall 230 W. Hickman Road Waukee, Iowa 50263 Attention: City Administrator f. If to Windsor Heights, to: City of Windsor Heights City Hall 1133 66th Street Windsor Heights, Iowa 50311 Attention: City Administrator or to such other address or person as hereafter shall be designated in writing by the applicable party. 9. Miscellaneous. This Agreement constitutes the entire agreement between the parties hereto pertaining to the subject matter hereof and supersedes all negotiations, preliminary agreements and all prior and contemporaneous discussions, agreements and understandings of the parties in connection with the subject matter hereof. No amendment, change or modification of any of the terms, provisions or conditions of this Agreement shall be effective unless made in writing and signed or initialed by all parties. Waiver of any provision of this Agreement shall not be deemed a waiver of future compliance therewith and such provision shall remain in full force and effect. In the event 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. This Agreement shall be governed by and construed in accordance with the laws of the State of Iowa with jurisdiction in the state and federal courts 5 located in Polk County, Iowa. This Agreement shall be binding upon and shall inure to the benefit of the parties hereto and their respective legal representatives, heirs, successors and permitted assigns. Nothing in this Agreement, express or implied, is intended to confer upon any party, other than the parties hereto (and their respective heirs, legal representatives, successors and permitted assigns), any rights, remedies, obligations or liabilities under or by reason of this Agreement. In addition to any other remedies available at law or in equity to the parties hereto with respect to a breach hereof, the parties hereto each reserve the right to enforce this Agreement by specific per- formance. The titles or captions of paragraphs in this Agreement are provided for convenience of reference only, and shall not be considered a part hereof for purposes of interpreting or applying this Agreement and such title or captions do not define, limit, extend, explain or describe the scope or extent of this Agreement or any of its terms or conditions. Words and phrases herein shall be construed as in the singular or plural number, and as masculine, feminine or neuter gender, according to the context. Each of the parties hereto hereby irrevocably waives all right to trial by jury in any action, proceeding or counterclaim arising out of or relating to this Agreement. 10. Filing/Recording of Agreement. After execution by the parties, this Agreement shall be filed with the Iowa Secretary of State in accordance with the provisions of Iowa Code § 28E.8. The Agreement shall then be recorded in the offices of the Polk County Recorder and Dallas County Recorder in accordance with Iowa Code § 28E.8. (REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK; SIGNATURE PAGE FOLLOWS.) 6 IN WITNESS WHEREOF, the parties have executed this Agreement effective as of the date first above written. CITY OF CLIVE, IOWA By: ____________________________ John Edwards, Mayor ATTEST: ___________________________ Matthew Graham, City Clerk 7 CITY OF GRIMES, IOWA By: ____________________________ Scott Mikkelsen, Mayor ATTEST: ____________________________ Kelley Brown, City Administrator 8 CITY OF JOHNSTON, IOWA By: ____________________________ Paula Dierenfeld, Mayor ATTEST: ____________________________ Cyndee Rhames, City Clerk 9 CITY OF NORWALK, IOWA By: ____________________________ Tom Phillips, Mayor ATTEST: ____________________________ Luke Nelson, City Manager 10 CITY OF URBANDALE, IOWA By: ____________________________ Robert D. Andeweg, Mayor ATTEST: ____________________________ Nicole Lunders, City Clerk 11 CITY OF WAUKEE, IOWA By: ____________________________ Courtney Clarke, Mayor ATTEST: ____________________________ Brad Deets, City Administrator 12 CITY OF WINDSOR HEIGHTS, IOWA By: ____________________________ Mike Jones, Mayor ATTEST: ____________________________ Travis Cooke, City Clerk