Oskaloosa and Mahaska County Look To Ink Agreement for Joint Emergency Dispatch Operations

Oskaloosa, Iowa – In a significant move towards enhanced public safety, the City of Oskaloosa and Mahaska County are considering a Joint PSAP Management Agreement. This arrangement paves the way for the consolidated operation of a 9-1-1 Public Safety Answering Point, being sold as boosting the efficiency and effectiveness of emergency dispatch services in the region.

The agreement outlines a framework where both parties will share the costs and responsibilities of managing the emergency dispatch facility. Key elements of the deal include a clear division of operational and financial responsibilities, comprehensive budgeting procedures, and provisions for dispute resolution.

The “Joint PSAP Management Agreement” outlines an arrangement between the City of Oskaloosa, Iowa, and Mahaska County, Iowa, for jointly operating an Emergency Dispatch and a consolidated 9-1-1 Public Safety Answering Point. Key components of the agreement include:

Purpose: To jointly operate and manage the existing consolidated 9-1-1 Public Safety Answering Point facility, sharing associated costs.

Definitions: Clarification of terms like Joint Law Enforcement Center, Management Services, Members, Operating Costs, Public Safety Answering Point, Service Area, and Total Costs.

Administration: Details on how Oskaloosa will provide management services, employment of personnel, and administration of the agreement.

Budgeting and Finance: Division of costs between Oskaloosa and the County, budget procedures, accounting, and additional services.

Duration and Termination: Defines the effective date, term, termination process, and handling of financial obligations and equipment after termination.

Indemnification and Dispute Resolution: Outlines responsibility for actions under the agreement, including dispute resolution methods.

Other Provisions: Includes clauses on confidentiality, non-discrimination, amendment of the agreement, and legal approval process.

Below is a DRAFT of the proposed agreement; there could be changes before a final agreement is inked.

AGREEMENT BETWEEN THE CITY OF OSKALOOSA, IOWA AND MAHASKA COUNTY, IOWA FOR THE JOINT OPERATION OF AN EMERGENCY DISPATCH AND A CONSOLIDATED 9-1-1 PUBLIC SAFETY ANSWERING POINT AT THE JOINT LAW ENFORCEMENT CENTER

This Agreement is made and entered into on this ____ day of ________________ , 20___, by and

between the City of Oskaloosa, located in Mahaska County, Iowa (“Oskaloosa”), and Mahaska County, Iowa (“County”), and collectively referred to as the Parties, pursuant to the provisions of Chapter 28E, Code of Iowa.

WHEREAS, since 1996, Oskaloosa and the County have shared in the occupancy and capital costs for the Mahaska County Joint Law Enforcement Center under the terms of a Joint Law Enforcement Agreement, with a committee thereunder which meets annually to determine projects and allocation of costs (“Joint LEC Agreement”); and

WHEREAS, pursuant to the Joint LEC Agreement, a portion of the Law Enforcement Center is designated for 911 services; and

WHEREAS, Mahaska County emergency communications services have been administered pursuant to the terms of a 28E Agreement (“Joint Emergency Management Agreement”); and

WHEREAS, the transfer of emergency communications management services is anticipated to be approved as a condition of this Agreement; and

WHEREAS, the County owns a radio system and other assets associated with emergency dispatch services and the Mahaska County E-911 Service Board owns the remainder of the assets within the dispatch portion of the Facility; and

WHEREAS, Oskaloosa and the County desire to form an agreement that will continue the emergency management communications services provided under the Joint Emergency Management Agreement, which agreement shall provide for joint coordination and cooperation in the efficient administration and provision of emergency dispatch services from the Joint Law Enforcement Center, and share in the allocation of costs, subject to additional ancillary agreements as specified herein; and

NOW THEREFORE, Oskaloosa and the County agree as follows:

I. PURPOSE

The purpose of this Agreement is for the Parties to jointly operate and manage the existing consolidated 911 Public Safety Answering Point (PSAP) facility (herein referred to as the “Communications Center”), as defined in Iowa Code Chapter 34A, for police, fire, and emergency medical dispatch services, and to share in the associated costs. This Agreement shall be construed as a joint exercise of governmental power pursuant to Iowa Code Chapter 28E for the operational and management functions permitted by Iowa law and shall not be construed to displace the exclusive authorities granted by Iowa law to the County, the Mahaska County E-911 Service Board, or the Mahaska County Emergency Management Commission.

This Agreement is not intended to alter or amend the existing service territory established and approved by the State of Iowa.

II. DEFINITIONS

1. Joint Law Enforcement Center. The facility administered by the committee identified in the Parties’ Joint LEC Agreement, as defined herein.

2. Joint Law Enforcement Center (LEC) Agreement. The facility management agreement between Oskaloosa and Mahaska County dated September 16, 1996.

3. Management Services. All personnel services provided by Oskaloosa under this Agreement.

4. Members. The City of Oskaloosa, Mahaska County, and any other city within Mahaska County that desires to make financial investment in the operations of public safety communications within Mahaska County as designated by any subsequent amendment to this Agreement. The term “Party” or “Parties” shall have the same meaning herein as the terms “Member” or “Members.”

5. Operating Costs. The total of all personnel and operating expenses under this Agreement, including office supplies, postage/shipping, uniforms, small equipment/tools, events and meetings, liability and equipment insurance, fuel, small equipment capital outlay, payroll, employee benefits, staff development, and contractual services.. Equipment and liability insurance costs included in Operating Costs shall include the County as an additional insured. Operating Costs do not include any outstanding debt obligations of either Party that exists at the time this Agreement is executed.

6. Public Safety Answering Point, or PSAP, or Communications Center. The existing public safety communications facility for Mahaska County operating within the Joint LEC Center, which receives 911 service calls and directly dispatches emergency response service or relays calls to the appropriate public or private safety agency, as defined by Iowa Code chapter 34A.

7. Service Area. The geographical response areas within Mahaska County as they exist on the effective date of this Agreement, as may be amended from time to time pursuant to the

applicable 911 service plan, and as is depicted in Exhibit A attached hereto and incorporated herein by reference.

8. Total Costs. The sum of operating expenses, capital expenditures which are outside the scope of the Joint LEC agreement, equipment expenses, and management services. Equipment expenses for purposes of this definition includes all equipment necessary for the operation of the PSAP, other than radio equipment owned by the County.

III. ADMINISTRATION

1. Oskaloosa shall provide management services necessary to administer emergency communications services at the Communications Center under this Agreement. Management services shall include finance, payroll, human resources, and information technology. If information technology services are provided by a third-party vendor, the vendor and County facility staff shall coordinate as needed to carry out the duties hereunder.

2. Oskaloosa shall employ under its policies and procedures all regular and probationary employees to operate the Joint Law Enforcement Center dispatch services and to administer and carry out the purposes of this Agreement. Oskaloosa shall abide by national standards in setting policies and procedures of dispatch. Oskaloosa shall have sole discretion and control to determine policies and procedures for any matter related to his agreement.

3. This Agreement shall be administered by the Oskaloosa City Manager, who shall make managerial decisions necessary to accomplish the purposes of this Agreement. The Oskaloosa Police Chief, Oskaloosa Fire Chief, and Mahaska County Sheriff may make recommendations as to the levels of staffing, equipment, and budget necessary to operate the Center.

4. The Parties, along with any future Members as designated by subsequent amendment(s) to this Agreement, may meet not less than once per fiscal year to review staffing, equipment, budgeting, and provide feedback on written policies pertaining to operational procedures. Meetings may, but are not required to, coincide with the meetings of the committee established under the Joint LEC Agreement.

5. Nothing in this Agreement obligates any Member to provide dispatch services to any non-Member incorporated city within Mahaska County, unless such duty arises under other governing law.

IV. EMPLOYEES

Oskaloosa shall employ and manage all regular and probationary personnel pursuant to its employee and administrative policies and procedures, union contracts, city ordinances and other applicable laws.

The Communications Center’s regular operations shall be managed by a Communication Center Manager (“CCM”). The CCM shall be appointed by the Oskaloosa City Manager. The CCM shall be responsible for daily operational decisions and assisting the City Manager with annual review processes and personnel management, recommendations as to strategic direction, policy directions, equipment purchases, facility needs and partnerships.

Subject to Section III of this Agreement, Oskaloosa has sole discretion to determine employment policies and procedures and make final decisions related to all employment matters arising under this Agreement, including hiring and firing of personnel.

V. BUDGETING AND FINANCE

1. Division of Annual Operating Costs. Oskaloosa and the County shall annually contribute to the Communication Center’s operating total costs, and each Member shall be responsible for a fifty percent (50%) contribution to the total costs as set forth and defined in this Agreement. Capital costs and purchases within the scope of the Joint LEC Agreement shall be excluded from annual operating costs. Oskaloosa and the County agree to meet to determine any appropriate changes in lease payments under the Joint LEC agreement as part of the division of total costs.

If Members other than the City and County are made a part of this Agreement, the total Annual Operating Costs shall be determined by Amendment to this Agreement.

2. Payments. Payment of each contributing Member’s respective share of the budget divided by twelve (12) shall be remitted to the City on a monthly basis on or before the fifteenth (15th) day of each month. Any difference between actual and budgeted expenditures may be an adjustment to the following year’s payment of costs on a pro-rata basis.

3. Budget.

a. Initial Year. The proposed budget for the initial year of this Agreement shall be $1,118,406.41 (“Initial Year Budget”). This Initial Year budget is subject to amendment and expressly conditioned upon approval of each Member’s governing bodies in accordance with law.

b. The proposed budget for the fiscal year following the Initial Year Budget and subsequent years shall be delivered to the County by January 1 prior to the date city and county budgets are required to be filed with the County Auditor. The budget is subject to approval by each respective Member’s governing council or board. In the event the budget is not approved by a Member’s city council or board, the budget for the current year, as adjusted for inflation, shall remain in effect until approval of a new budget. The budget may be amended with approval of all Members’ governing councils or boards, and in the manner provided by law. The County or City may seek reimbursement or payment of its share from other incorporated municipalities within Mahaska County that are not Party to this Agreement, at its discretion and in accordance with applicable law. The funds received from other municipalities for dispatch services shall be a part of the City’s accounting and budget for the following fiscal year.

4. Accounting. Oskaloosa shall provide for accounting practices and financial tracking of operational activities under this Agreement separately from other City activities. Oskaloosa shall deliver an annual financial report to the County for review following the completed audit of the previous fiscal year. Fund transfers for services not contemplated under this Agreement are prohibited without the prior written consent of all Parties.

5. Books and Records. Oskaloosa shall have custody of and maintain all books and records related to the operations of the Communications Center. Members shall have the right, at any time upon reasonable notice, to review and inspect the books and records.

6. Additional Services. The City Manager shall have the authority within the approved budget to engage legal or other professional services as may be necessary from time to time.

VI. DURATION AND TERMINATION

1. Effective Date. This Agreement shall be effective only after the occurrence of the following conditions:

a. Discontinuance of Mahaska County E-911 Service Board’s operation of a public service answering point as defined by Iowa Code section 31.1(5).

b. Approval of each Party’s governing body.

c. Approval of the Iowa Department of Homeland Security E-911 program manager, if deemed necessary.

d. Approval of the Department of Public Safety, if deemed necessary.

2. Term. The effective date of the term of this Agreement shall accrue from and after the date of filing the final, authorized and approved Agreement, with the Iowa Secretary of State. This Agreement shall continue until terminated as herein provided.

3. Termination. This Agreement may be terminated by either Party by giving written notice of intent to terminate at least eighteen months (one year and six months) prior to the date on which termination is to be effective. In no event shall termination be effective prior to the end of a fiscal year (June 30).

4. Any financial obligations entered during this Agreement, prior to the expiration date, shall survive termination of this Agreement and remain the obligation of each Party.

5. All equipment, assets, and personal property contemplated herein are owned by the County. In the event of termination of this Agreement, the County shall continue to own all equipment, assets, and personal property associated with the Communication Center’s operational activities.

VII. INDEMNIFICATION

For actions and omissions under the sole control of either Party which are exercised in effectuating this Agreement, to the extent permitted by law, each Party agrees to defend, indemnify and hold the other Party, their elected officers, agents, employees and successors and assigns, harmless from and against all claims, demands, actions and/or causes of action, judgments, settlements, or other costs, including reasonable attorney’s fees, which the other Party, their successors and assigns, may incur or sustain (a) by reason of the indemnifying Party’s breach of this Agreement or failure to legally or timely meet the responsibilities imposed herein (including, but not limited to, any financial obligations herein), or (b) by reason of the torts of the indemnifying Party.

Each Party shall defend, indemnify and hold the other Party harmless from and against any and all claims, demands, causes of action, liability, loss, damage, or injury (“claims”), both to person and property, arising out of or related to this Agreement, to the extent such claims are attributable to the negligent or willful misconduct of the indemnitor; provided, indemnitee gives the indemnitor prompt notice of any such claims and all necessary information and assistance so that indemnitor, at its option, may defend or settle such claims and indemnitee does not take any adverse position in connection with such claims. In the event that any such liability, loss, damage or injury is caused by the joint or concurrent negligence or willful actions of one or more Members/Parties, the loss, expense or claim shall be borne by each Party in proportion to its negligence or willful action. Nothing in this Section shall be deemed to limit the right of a Party to defend against any claim or the application of any and all available protections and defenses under state and federal law, including, but not limited to, the Iowa Torts Claims Act and Iowa Municipal Torts Claims Act.

VIII. DISPUTE RESOLUTION

The Parties shall endeavor in good faith to resolve claims, disputes and other matters in question between them by mutual agreement and, in the event they cannot agree, may, by mutual agreement and in their discretion, submit the same to mediation which shall be in accordance with Iowa Code Chapter 679C, unless otherwise mutually agreed by the Parties. A request for mediation shall be given in writing to the other Party to this Agreement. The Parties shall mutually agree upon a mediator within thirty (30) days of receipt of the written request for mediation. Mediation shall be voluntary only and shall not be a mandatory prerequisite to litigation or other means of dispute resolution.

The Parties shall share the mediator’s fee and any filing fees equally. The mediation shall be held in a mutually agreeable location. Agreements reached in mediation shall be enforceable as settlement agreements in any court having jurisdiction thereof.

Any legal claim brought under this Agreement shall be filed in the Iowa District Court for Mahaska County, unless otherwise mutually agreed to by the Parties.

IX. AGREEMENT—METHOD OF APPROVAL

The City of Oskaloosa and Mahaska County approve this Agreement by City Council Resolution and Board of Supervisor Resolution, respectively, which Resolutions shall authorize the respective Mayor and Board Chair to execute this Agreement.

X. NOTICES

Any notice or demand required or desired 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:

If to Oskaloosa, to:

City of Oskaloosa

Attn: City Manager

220 S. Market Street

Oskaloosa, Iowa 52577

If to Mahaska County to:

Mahaska County Board of Supervisors

106 S 1st St.

Oskaloosa, IA 52577

or to such other address or person as hereafter shall be designated in writing by the applicable Party.

XI. EFFECT OF TERMINATION

In the event this Agreement is terminated: (a) by mutual agreement of all Parties, or (b) by a single Party giving a timely notice as provided immediately above, each Party shall continue to remain liable for its pro rata portion of the budget until termination takes effect eighteen (18) months thereafter. If monies are due from one Party to the other Party, repayment shall be made within 180 days of termination of the Agreement.

XII. NOT A LEGAL ENTITY

This Agreement is a voluntary joint undertaking.. It is not the intent of the Parties to create a new legal entity by this Agreement.

XIII. CONFIDENTIALITY

Except with the prior written consent of the respective Members, to the extent required by law, or in connection with the normal and lawful course of its business under this Agreement, the Members shall keep confidential, and shall not disclose or use for its benefit or the benefit of any third party, any confidential information obtained from another Member. Confidential information may include, without limitation, information about personnel or personnel matters, internal operating procedures, development strategies, financial information, funding opportunities, or information the Members may obtain through the ordinary course and lawful interactions among employees.

Confidential information does not include information generally available to the public, public records pursuant to Iowa Code chapter 22, independently developed information, and information

already known by the receiving Member before entering into this Agreement or that is rightfully obtained by the receiving Member from sources other than the other Member to this Agreement. All confidential information furnished under this Agreement shall remain the property of the furnishing Member and shall be returned, upon request, to the furnishing Member to the extent possible upon the termination of this Agreement.

For all confidential information shared under this Agreement, the Parties agree to exercise all necessary diligence, protections, technology, or other safeguards to comply with its privacy obligations concerning employee information protected under Iowa Code Chapter 22.7 Confidential Records; the Americans with Disabilities Act (ADA), as amended; the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”), the Fair Credit Reporting Act, and any related federal or state privacy or confidentiality laws and regulations.

XIV. NON-DISCRIMINATION IN EMPLOYMENT AND SERVICES

Both the County and Oskaloosa are equal opportunity employers, and shall not discriminate against any employee or applicant on the grounds of race, color, religion, sex, sexual orientation, gender identity, national origin, creed, marital status, age, veteran status, or the presence of any disability; provided that the prohibition against discrimination in employment because of disability shall not apply if the particular disability prevents the particular worker involved from performing the occupational requirements of the job. The Members shall not, on the grounds of race, color, sex, sexual orientation, gender identity, religion, national origin, creed, marital status, age, veteran status or the presence of any disability deny any individual any services or other benefits provided under this Agreement.

XV. AMENDMENT OF AGREEMENT

Any amendment to this Agreement shall be in writing and subject to appropriate public review and discussion, including a public hearing, if required. Amendments shall require the approval by resolution of both the Oskaloosa City Council and the Mahaska County Board of Supervisors.