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Home My Public Portal About001-2021 - City & County - 911 INTERLOCAL AGREEMENT FOR EMERGENCY COMMUNICATIONS DEPARTMENT THIS INTERLOCAL AGREEMENT FOR EMERGENCY COMMUNICATIONS DEPARTMENT ("Agreement") is entered into this day o-/ a—c_c—A-202/, to be effective as of January 01, 2021, by and between WAYNE COUNTY, INDIANA (hereinafter "County") and the CITY OF RICHMOND,INDIANA(hereinafter "City"). WITNESSETH: WHEREAS, County and City currently operate a joint Combined Dispatch and 911 Public Safety Answering Point (hereinafter "PSAP") wherein all emergency communications within Wayne County, Indiana, are centrally directed and dispatched; and WHEREAS, County and City desire to create a joint executive committee and joint board,each • consisting of representatives from County and City, to govern the operations of the PSAP. NOW, THEREFORE, in consideration of the following terms and conditions, including the above-stated recitals,and for other good and valuable consideration,the parties hereby agree as follows: 1. County and City hereby create a joint department known as the "Wayne County Emergency Communications Department" (hereinafter"WCECD")which shall govern the operations of the PSAP. 2. County and City hereby create a joint committee known as the "Policy/Executive Committee" which shall establish policies for, and provide oversight to,the WCECD. 3. The six (6) members of the Policy/Executive Committee shall be the Mayor of City, each Member of the Board of County Commissioners, the President of City Common Council, or his/her designee, and the President of County Council, or his/her designee. 4. County and City hereby create a joint board known as the "Operations Board" which shall, in cooperation with the Director, establish and implement operational policies and procedures for the WCECD. Personnel policies of the WCECD shall be consistent with those contained in the Wayne County Employee Handbook, except as to those deviations therefrom that shall have been approved by the County Council and/or County Commissioners, as applicable. 5. The seven (7)members of the Operations Board shall be the Sheriff of County,the Police Chief of City, the Fire Chief of City, one (1) Fire Chief of a Unit within County appointed by the President of the County Fire Association Board, one(1)police chief or law enforcement officer of a Unit within County appointed by the Board of County Commissioners on the recommendation of the remaining members of the Operations Board, one (1) representative of emergency medical services within County appointed by the Board of County Commissioners and the Director of the County Emergency Management Office, or the duly named designees of each of the above described offices. Each appointed member shall serve for at least one (1) Interlocal Agreement—001-2021 YIN . City/County 911 Interlocal-2021 Page 2 of 4 year but shall not serve more than four (4) years unless such extended service shall be recommended by the appointing authority and approved by the Policy/Executive Committee. 6. The Operations Board shall report to the Policy/Executive Committee. 7. The Operations Board, with the approval of the Policy/Executive Committee, shall hire one (1) Director for the WCECD. The Director shall manage and conduct the day-to-day operations of the WCECD. 8. All other personnel of the WCECD shall be hired by the Director and shall report and be accountable to the Director. 9. The Director, the Deputy Director, one (1) shift supervisor and five (5) communications specialists, one (1) partial salary of IT Public Safety Specialist, and one (1) partial salary of Office Coordinator shall be compensated by funds received by County from the State of Indiana for all 911 telephone surcharges. Said compensation shall include all benefits paid to the Director, the Deputy Director, one (1) shift supervisor and five (5) communications specialists, one (1) part-time communications specialist, one (1) partial salary of IT Public Safety Specialist, and one(1)partial salary Office Coordinator. 10.All other personnel of the WCECD shall be compensated by funds contributed equally by County and City, or in such respective percentages as shall be agreed upon by the parties from time to time. A schedule of the shared costs positions is attached hereto as "Exhibit A". Such compensation shall include all wages, benefits (including employer's portion of health insurance premium charges, but excluding actual paid claims) and employer PERF /retirement contributions. It is further agreed by the County and City that City's total payments to be made to County representing City's share of the costs of operating and staffing the WCECD for the calendar year 2021 shall not exceed fifty percent (50.0%) of the actual incurred costs of WCECD operations and staffing in the 2021 calendar year or the sum of Five Hundred Twenty Thousand Eight Hundred Eighty-two and 02/100 US Dollars ($520,882.06), whichever is the lesser. County shall bill City for such actually incurred costs one month in arrears and as soon as the actual costs of operating and staffing the WCECD have been determined for the prior month. 11.All personnel of the WCECD shall be deemed County employees to compute benefits and to establish personnel policies not otherwise created and implemented as provided herein. 12.With the exception of the Motorola radio equipment and ancillary equipment, systems and software ( collectively, the "Motorola Equipment") purchased in late 2020 by equal contributions from the City and from the County, which Motorola Equipment shall be equally owned by the City and the County, all other equipment required for the implementation of the services contemplated by this Interlocal Agreement shall be provided by County and shall remain the property of County upon the termination of this Agreement. 13.The term of the Agreement shall be for a period of one (1) year commencing as of January 1, 2021 and continuing through December 31, 2021. Either party hereto may terminate this • City/County 911 Interlocal-2021 Page 3 of 4 Agreement in the final year of its term by providing at least three (3) months prior written notice to the members of the other party's Policy/Executive Committee. 14.This Agreement shall be construed in accordance with the substantive laws of the state of Indiana. This Agreement has been the product of the parties' negotiations and prior years of past practice under predecessor agreements. This Agreement shall enjoy a neutral construction and shall not be strictly construed against either City or County, notwithstanding the fact that counsel for one of the parties may have been the primary scrivener of this document. This Agreement constitutes the entire Agreement between the parties and any alteration, amendment, or modification shall be in writing and signed by both parties. (End of Page 3 - Signature Templates Follow) + City/County 911 Interlocal-2021 Page 4 of 4 IN WITNESS WHEREOF,the parties hereby execute the Interlocal Agreement for the Wayne County Emergency Communications Department as of the day and year first above written, although signatures may be affixed on different dates. WAYNE OUNTY INDIANA CITY OF RICHMOND, INDIANA , President avi now,1 W ne County Board of Commissioners City of Richmond,IN Also Approved by Wayne County Council CITY OF RICHMOND COMMON COUNCIL Ci c12.44.—,___— , President 1-A r- Fa-,eie 8 A., President Attest: Wa1 ' berly Wal n, Wayne Coun Auditor This Instrument Prepared by: Ronald L.Cross Indiana Attorney#3450-49 BOSTON BEVER FORREST CROSS&SICKMANN 27 North 81 Street Richmond,IN 47374 Telephone:765.962.7527 Facsimile:765.966.4597 Email:rcross@bbfcslaw.com • -I .. ' • : . City/County 911_:Interlocal Pages of5 •.. 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