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HomeMy Public PortalAbout046-2023 - Emergency Communication Department - 911 #. INTERLOCAL AGREEMENT FOR EMERGENCY COMMUNICATIONS DEPARTMENT THIS INTERLOCAL AGREEMENT TO PROVIDE FOR THE SHARING OF COSTS FOR AN EMERGENCY COMMUNICATIONS DEPARTMENT ("Agreement") is entered into this 5 day of 77)2_ 2023, to be effective as of January 01, 2023, 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") to which and from which all emergency communications within Wayne County, Indiana, are centrally directed and dispatched; and WHEREAS, County and City desire to share the costs for the PSAP and to provide for its joint management by the creations of 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 operate the PSAP. 2. County and City hereby create a joint committee known as the "Policy/Executive Committee" which shall establish administrative and budgetary policies, plans and procedures for, and provide oversight of the financial and budgetary aspects of the WCECD. The Policy/Executive Committee shall meet at least annually to review the WCECD's budget for the subsequent fiscal year. 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 level 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 2 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) 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,by the Director of the County Emergency Management Office, shall report to the Policy/Executive Committee as the Director reasonably deems necessary. 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 actual costs paid by the City over the last five (5) years 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. County shall bill City for such actually incurred costs monthly, in arrears, and as soon as the actual costs of operating and staffing the WCECD shall have been determined for the prior month. 11. All personnel of the WCECD shall be deemed County employees for purposes of determining those employees' 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 3 Agreement. 13. The term of the Agreement shall be for a period of one (1) year commencing as of January 1, 2023, and continuing through December 31, 2023. Either party hereto may terminate this 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) 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 COUNTY, INDIANA CITY OF RICHMOND, INDIANA J as (rer, President Lhi, 4 - now, or a e ounty Board of Commissioners City of Richmoi11, IN Also Approved by Wayne County Council CITY OF RICHMOND COMMON COUNCIL Beth A. Leisure, Presiden Jeff a„ , Pre-gentl-r- Attest: Mark A. Hoelscher, Wayne County Auditor This Instrument Prepared by: Ronald L. Cross Indiana Attorney#3450-49 Andrew J. Sickmann Indiana Attorney#30127-64 BOSTON BEVER FORREST CROSS&SICKMANN 27 North 8th Street Richmond,IN 47374 Telephone: 765.962.7527 Facsimile: 765.966.4597 Email:rcrossSObfeslaw.com ahiekmann@llthfeslaw.com City/County 911 Interlocal-2023 Page 5 01'5 Exhibit A Actual Expenses Paid by City of Richmond YEAR ACTUAL PAID 2017 $387,703.47 2018 $368,016.68 2019 $399,056.51 2020 $399,951.11 2021 $395,213.02 2022 $440,338.60