HomeMy WebLinkAbout2017-08-21-J01K Fire Records Management System_28E Agr AGENDA ITEM:
CITY OF WAUKEE, IOWA
CITY COUNCIL MEETING COMMUNICATION
MEETING DATE: August 21st, 2017
AGENDA ITEM: Consideration of approval of a resolution approving Intergovernmental
Agreement for the Purchase and Operations of a Joint Fire and EMS Records
Management System
FORMAT: Consent Agenda
SYNOPSIS INCLUDING PRO & CON: The Waukee fire department wishes to share a records
management system with multiple metro cities. The city of Clive will be the
fiscal agent and holder of the single license. The RMS cost is defined in the
28E, based on several criteria. 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. Intergovernmental Agreement
PREPARED BY: Clint Robinson
REVIEWED BY:
PUBLIC NOTICE INFORMATION –
NAME OF PUBLICATION:
DATE OF PUBLICATION:
THE CITY OF WAUKEE, IOWA
RESOLUTION 17-
APPROVING INTERGOVERNMENTAL AGREEMENT FOR THE PURCHASE AND
OPERATIONS OF A JOINT FIRE AND EMS RECORDS MANAGEMENT SYSTEM
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 Cities of Clive, Grimes, Johnston, Norwalk, Urbandale, Waukee and Windsor
Heights (the “Cities”) have established the need for the property documentation and record
keeping of emergency responses and daily operations; AND,
WHEREAS, in order to most efficiently and cost effectively document and keep records of
emergency responses and daily operations, the Cities desire to jointly purchase and operate a
records management system; AND,
WHEREAS, the City of Waukee desires to enter into an intergovernmental agreement with the
Cities with response to the records management system, pursuant to Chapter 28E of the Iowa
Code.
NOW THEREFORE BE IT RESOLVED by the Waukee City Council that the
Intergovernmental Agreement for the Purchase and Operations of a Joint Fire and EMS Records
Management System is hereby approved and accepted, and the Mayor is hereby authorized and
directed to execute said agreement on behalf of the City.
Passed by the City Council of the City of Waukee, Iowa, and approved the 21st day of August,
2017.
____________________________
William F. Peard, Mayor
Attest:
___________________________________
Rebecca D. Schuett, City Clerk
ROLL CALL VOTE AYE NAY ABSENT ABSTAIN
Anna Bergman
R. Charles Bottenberg
Brian Harrison
Shelly Hughes
Larry R. Lyon
INTERGOVERNMENTAL AGREEMENT
FOR THE PURCHASE AND OPERATIONS 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 this ____
day of __________, 2017, 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 jointly purchase and operate a
records management system.
NOW, THEREFORE, the parties hereto agree as follows:
1. Joint Purchase of Fire and EMS Records Management System. The Cities agree to
contribute funds to purchase and 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. Purchase and 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).
One-Time Fees
Image Trend Elite Rescue License: Percent
2
Image Trend Elite Rescue Setup Fee and Project Management: Percent
Image Trend Elite Field Site License: Equal
Image Tend Elite Mobile Fire Inspections Site License: Equal
CAD Integration: Any CAD integration expenses that are applicable to all Cities,
regardless of PSAP, will be paid equally by participating Cities. Any CAD
integration expenses that are specific to separate PSAPs will be coordinated
outside of this agreement.
Initial Training: Equal
Recurring Fees
Image Trend Rescue Annual Support: Percent
Image Trend Elite Rescue Annual Hosting: Percent
Image Trend Elite Field Site License Annual Support: Equal
Image Trend Elite Mobile Fire Inspections Annual Support: Equal
CAD Integration Annual Support and Hosting: Equal
Optional Services
Investigations Setup Fee: Equal
Investigations Annual Support: Equal
Scheduler Setup Fee: Equal
Scheduler Annual Support: Equal
MARS (Mapping) Setup Fee: Equal
MARS (Mapping) Annual Transactional Fee
Visual Informatics – Analytics Setup Fee (includes 1 cube) Cube: EMS: Equal
Additional Cube – Setup Fee Cube: Fire: Equal
Additional Cube Annual Support: Equal
The Cities agree that the RMS cost estimates shall be approved by all Cities before the purchase
is made. Clive shall bill each City for their share of the purchase and 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. However, in the first year,
Cities will pay Clive by June 30, 2018.
5. 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 percentage contained in Item 4.
6. 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
3
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.
9. 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, suits, 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”). 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 of the training contemplated by this
Agreement. Further, to the extent permitted by 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.
10. Term and Termination. This Agreement shall be effective upon its execution by all
the Cities, and shall remain in effect until July 1, 2022, unless earlier terminated as set forth herein
or upon the agreement of the parties.
The Cities agree that no City may terminate its participation in the Agreement before July
1, 2022. Early termination will require contribution of remaining costs through duration of the
term despite the City’s participation in the Agreement or use of the RMS. If a termination is
effective on or after July 1, 2022, 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. However, the Cities agree that
Section 9 herein shall survive the termination of this Agreement with respect to any activities
undertaken during the term of this Agreement. Upon the written agreement of the parties, the term
of this Agreement may be extended.
Should any City request termination of their participation in this Agreement on or after
July 1, 2022, there will be no return of its initial or annual contributions to the purchase and
operation of the RMS.
11. 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
4
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
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:
5
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.
12. 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
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.
13. 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.)
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IN WITNESS WHEREOF, the parties have executed this Agreement effective as of the
date first above written.
CITY OF CLIVE, IOWA
By: ____________________________
Scott Cirksena, Mayor
ATTEST:
___________________________
Joyce Cortum, City Clerk
7
CITY OF GRIMES, IOWA
By: ____________________________
Tom Armstrong, Mayor
ATTEST:
____________________________
Kelley Brown, City Administrator
8
CITY OF JOHNSTON, IOWA
By: ____________________________
Paula Dierenfeld, Mayor
ATTEST:
____________________________
Jim Sanders, City Administrator
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:
____________________________
Debra Mains, City Clerk
`
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CITY OF WAUKEE, IOWA
By: ____________________________
William Peard, Mayor
ATTEST:
____________________________
Tim Moerman, City Administrator
12
CITY OF WINDSOR HEIGHTS, IOWA
By: ____________________________
Diana Willits, Mayor
ATTEST:
____________________________
Elizabeth Hansen, City Administrator