SHARED AREA RADIO AGREEMENT ADOPTED PURSUANT TO IOWA CODE CHAPTER 28E

Transcription

1 SHARED AREA RADIO AGREEMENT ADOPTED PURSUANT TO IOWA CODE CHAPTER 28E This 28E Agreement is entered into by the following local governmental entities pursuant to Iowa Code Chapter 28E: RECITALS 1. JECSA, created by Johnson County, the City of Iowa City, the City of Coralville, the City of North Liberty and the Johnson County Emergency Management Commission is responsible for the Johnson County public safety radio system. 2. The City of Cedar Rapids, the City of Marion, and Linn County, Iowa, are responsible for the Linn County public safety radio system. These three governments have created an entity known as the Linn County Radio Governance Board, which is responsible for making policy with respect to the Linn County public safety radio system. 3. The entities identified above, sometimes referred to as the members or individually as a member, have each purchased a Harris P-25 radio system with RACOM Corporation or Harris. These systems include various configurations of a console radio subsystem, mobile radios, portable radios, radio gateway equipment, microwave, and other supporting network infrastructure and equipment to provide emergency communication systems. 4. The purpose of this Agreement is to permit the members to be able to communicate and interconnect with each other s countywide radio systems to better serve the citizens in their respective jurisdictions. This will be accomplished by the connection of the network switching centers owned by Johnson County, Linn County, and RACOM Corporation. NOW, THEREFORE, the parties agree as follows: 1. The Recitals set forth above are hereby incorporated by reference. 2. The effective date of this Agreement shall be. 3. The initial term of this Agreement shall begin on the effective date and shall continue until. This Agreement shall automatically renew for 2-year intervals at the end of the initial term. 4. Any member may terminate its membership upon 90 days written notice sent to all other then current members. Upon any member s termination of membership, such member s equipment, personal property, and real property shall remain with such terminating member, and 1

2 such terminating member shall not have access to the interconnected countywide radio systems referenced herein. 5. The members hereby establish the SARA Board (Shared Area Radio Agreement) for the purpose of promulgating any rules and regulations necessary for carrying out this Agreement. The SARA Board shall be comprised of one representative of JECSA and one representative of the Linn County Radio Governance Board. Further, members admitted after the effective date pursuant to Section 6 of this Agreement shall be entitled to name one representative to the SARA Board, provided that no single county shall have more than one representative. The SARA Board shall enact rules and regulations governing the use, operation, and management of the interconnected countywide radio systems. 6. It is anticipated that other entities may wish to become members. New members may be admitted pursuant to a majority vote of all then-existing members and upon such new member agreeing to comply with the terms and conditions of this Agreement. Each new member shall execute an Agreement in the form of Exhibit A when they are admitted as members that bind such new member to the terms and conditions of this Agreement. 7. All members agree: a. To be bound by the terms and conditions of this Agreement. b. To comply with any rules and regulations established by the SARA Board. c. To have an active system maintenance agreement with RACOM Corporation or Harris to keep software at revision levels as set by the SARA Board. A unanimous vote of the SARA Board shall be required to change the software revision level. d. To designate a representative to serve on the SARA Board, provided that no county may designate more than one such representative. e. Each member shall have full and complete autonomy to determine what channels/talkgroups in its communication system it will share with each member. 8. If a member fails to comply with the terms of this Agreement, the SARA Board shall provide the noncompliant member with written notice of its lack of compliance. If the noncompliant member fails to cure its noncompliance within ninety (90) days of receipt of such notice, the other members shall have the power to remove such noncompliant member from this entity by a majority vote of the SARA Board. 9. A majority vote of the SARA Board shall be required to promulgate or amend any rules or policies. However, the SARA Board shall not be permitted to dictate what channels/talkgroups are to be shared by each member. 2

3 10. Nothing in this Agreement shall provide any authority of the SARA Board to expend any funds and no budget shall be created for the SARA Board. Further, nothing in this Agreement authorizes the SARA Board to impose any taxes or fees upon a member. 11. This entity shall not be permitted to acquire or dispose of real or personal property. 12. The SARA Board shall meet at least annually on a date to be determined in the month of June and may hold additional meetings as are deemed necessary. Notices of any and all meetings shall be sent by the SARA Board, either by ordinary mail or by electronic mail ( ), at least thirty (30) days prior to the time the meeting is to be held. 13. Each member shall maintain all records associated with this Agreement, including but not limited to, technical records, research, and reports for the periods required by law or for the periods set forth in accordance with their respective retention schedules. Any such records shall be maintained in compliance with Chapters 22 and 28E of the Iowa Code. 14. Any notice required to be given under this Agreement shall be sufficient if in writing and delivered either by mail or electronic mail ( ). Notices for the current members shall be delivered as follows: a. JECSA: Joint Emergency Communications Services Association Attn: Executive Director Tom Jones 4529 Melrose Avenue Iowa City, IA b. Linn County Radio Governance Board: Linn County Sheriff s Office Attn: Chairperson Sheriff Brian Gardner 310 2nd Ave SW Cedar Rapids, IA This Agreement shall be interpreted and governed by the laws of the State of Iowa. The interpretation of this Agreement shall be in accordance with Iowa Code Chapter 28E and any other applicable statutes regarding the rights and responsibilities of political subdivisions. 16. Each member shall submit all reports required by law, including without limitation the initial report and biennial reports with the Iowa Secretary of State in accordance with Section 28E.8 of the Iowa Code. 17. In the event any part of this Agreement shall be ruled invalid by any court or other judicial or quasi-judicial body, or in the event subsequent legislation affects the legality and 3

4 enforceability of any part of this Agreement, such invalidity shall not affect the other parts of this Agreement and the other parts shall remain enforceable and of full force and effect. 18. This Agreement may be executed in separate counterparts, each of which is deemed to be an original and all of which as taken together constitute one and the same agreement. 19. This Agreement supersedes any previous agreement and constitutes the entire agreement between the parties with respect to the matters addressed herein. 20. This Agreement may be amended only by a writing signed by seventy-five percent (75%) of the then-current members. IN WITNESS WHEREOF, the parties have executed this Agreement. JECSA CITY OF CEDAR RAPIDS, IOWA By: Tom Jones, Executive Director Ron Corbett, Mayor Amy Stevenson, City Clerk CITY OF MARION, IOWA Nicholas AbouAssaly, Mayor Wesley Nelson, City Clerk LINN COUNTY, IOWA Brent Oleson, Chairperson Linn County Board of Supervisors Jerry Vander Sanden, Linn County Attorney 4

5 Exhibit A NEW MEMBER AGREEMENT This NEW MEMBER AGREEMENT is made by and between the existing members of the SARA Board, a 28E intergovernmental entity created pursuant to that certain Shared Area Radio Agreement Adopted Pursuant to Iowa Code 28E, as amended from time to time ( SARA ), and (the New Member ). Whereas, SARA sets rules and regulations for its members use, operation, and management of interconnected countywide radio systems, and SARA s members are entitled to use the interconnected countywide radio system. Whereas, the New Member wishes to become a member of SARA and to participate in the interconnected countywide radio system. Whereas, a majority of SARA s existing members have voted to admit the New Member as a full member of SARA, with all the privileges and responsibility of membership as such privileges and responsibilities are defined in the Shared Area Radio Agreement Adopted Pursuant to Iowa Code 28E (the 28E Agreement ). IT IS THEREFORE AGREED that the New Member is admitted as a member of SARA pursuant to the following terms and conditions. 1. The New Member is hereby made a full member of SARA and shall be entitled to designate a representative to vote on all policy matters under consideration. 2. The New Member hereby agrees to be bound by the terms and conditions of the 28E Agreement as if the New Member was an original party thereto. IN WITNESS WHEREOF, the parties have executed this NEW MEMBER AGREEMENT this th day of, 20. SARA BOARD NEW MEMBER JECSA Representative Tom Jones, Executive Director Governance Board Representative [Name, Title] [Other approving parties as needed] [Name, Title] [Other approving parties as needed] 5