Board of Supervisors

Webster County Board of Supervisors
Fort Dodge, IA 50501

 

Board of Supervisiors Meeting
Tuesday May 15, 2012

10:00 a.m. Board of Supervisors' Room
Webster County Courthouse

The Board of Supervisors met in Session on the above date with the following members present:  Singer, Peterson, Condon and Fletcher.   Absent:  Dencklau.

Moved by Peterson, seconded by Condon to approve minutes of the May 8, 2012 regular meeting. Motion carried unanimously.

Moved by Condon, seconded by Fletcher to approve salary increase for Marcia Vote, Clerk in Sheriff’s office to $18.27 per hour, effective May 14, 2012.  Motion carried unanimously.

Moved by Fletcher, seconded by Peterson to approve salary step increase for Darren Herzog, Park Ranger to $41,725; effective May 14, 2012 per Conservation Department Salary Schedule. Motion carried unanimously.

Moved by Peterson, seconded by Condon to approve salary increase for Dean Peterson, Class C Equipment Operator to $20.54 per hour, effective May 15, 2012. Motion carried unanimously.

Moved by Condon, seconded by Fletcher to receive and place on file Manure Management Plan Updates for Gordon Farms, Inc. in Sections 18 and 23, Freedom Township, Hamilton County; and Manure Management Plan for Keaton Mosher in Section 3, Roland Township, Webster County. (Copies on file in Auditor’s office).  Motion carried unanimously.

Moved by Fletcher, seconded by Peterson to approve Liquor License Renewal Application for Webster County Agricultural Association. Motion carried unanimously.

Moved by Peterson, seconded by Condon to approve Central Iowa Juvenile Detention Center 28E Agreement, amended to add Appanoose County to the membership. Motion carried unanimously.

Moved by Condon, seconded by Fletcher to approve and authorize Chair to sign 28E Agreement with the City of Fort Dodge Parks, Recreation, & Forestry Department for a permanent, shared-Natural Resource/Trail Technician Position and authorize the director to fill the position.

This agreement contract is made pursuant to authority of the Iowa Code, Section 28E.12 and 350.7.  Pursuant to Iowa Code Section 28.E.8, this agreement shall be in full force and effect upon filing with the Secretary of State and recording with the Webster County Recorder.
IN WITNESS WHEREOF, the parties hereto have executed this Contract.

Webster County Board of Supervisors    City of Fort Dodge

By:  s/Robert H Singer                          By:                                          
Name:Robert H Singer                          Name:  Matt Bemrich               
Title:  Board Chair                                 Title:  Mayor                                        
Date:                                                        Date:                                       

Webster County Conservation Board

By:
Name:
Title:
Date:
Federal ID No:  42-600-4677  

Contract No: 01-2012                 Amount   $24,000       From   07/1/12 to 6/30/13

ARTICLE I.               IDENTIFICATION OF PARTIES AND PROJECT

This Contract is entered into by and between the Webster County Conservation Board (hereinafter referred to as the Contractor)  and the City of Fort Dodge, Parks Recreation & Forestry Department (hereinafter referred to as the City) to share services in trail maintenance, natural resource management, park maintenance, and landscaping, in Webster County, Iowa (hereinafter referred to as the Project).

ARTICLE II.              DESIGNATION OF OFFICIALS

2.1  City. The Director of the Fort Dodge Parks, Recreation, & Forestry Department is the official authorized to execute any changes in the terms, conditions, or amounts specified in this Contract the Director is designated to negotiate on behalf of the City to make any changes to the Contract.
2.2  Key Personnel for the City
  Lori Branderhorst -  Director
  Kevin Lunn – City Forester
2.3  Contractor. The Contractor Officer is authorized to execute any changes in the terms, conditions, or amounts specified in this Contract is as indicated on the title Page of this Contract.
2.4  Key Personnel for the Contractor
  Matt Cosgrove – Director
  Cody Peterson – Operations Supervisor

ARTICLE III.            TIME OF PERFORMANCE

Time of Performance – The Contractor shall commence work on the Contract on  the beginning
date and complete Contract tasks by the ending date, as set forth on the title page of this Contract
under “Time of Performance,” unless changed by mutual written agreement.  The contract may be
extended or amended by mutual written approval by both parties.

ARTICLE IV.             STATEMENT OF PURPOSE

This Contract is entered into to provide natural resource management, park and trail maintenance activities in city and county parks, trails, wildlife areas, and right-of-ways.

ARTICLE V.              SCOPE OF WORK

5.1 Natural Resource Management – The Natural Resource/Trail Technician will assist with natural resource management on city and county properties (see Appendix A for a list of duties and responsibilities). This is a minimum definition that can/should be expanded upon by the Nat. Res./Trail Tech. as he/she works with key personnel for the Contractor and with key personnel for the City.
5.2 Maintenance – The Natural Resource/Trail Technician will assist with park and trail  maintenance activities on city and county property (see Appendix A for a list of duties and responsibilities).
5.3 Coordination of duties – The Natural Resource/Trail Technician will provide key Personnel, on a weekly basis, via e-mail a schedule of weekly working hours and activity.  He/she will also complete weekly time cards for hours of work completed. The Contractor will organize meetings, as needed, with key personnel from the City to discuss activities/actions that were completed in the previous month and direction provided to key personnel through a monthly report. On an annual basis, the Contractor will prepare for the City a written report of activities/actions from the season.  The report will be presented to the City by the last working day in December.
5.4  Training/Continuing Education – the City and Contractor will be responsible for providing initial orientation and safety training.  The Contractor staff may attend Training opportunities with the Iowa Association of County Conservation Board Employees, Iowa Parks & Recreation Association, and the Iowa Department of Natural Resources.  The Contractor will notify key personnel of additional continuing Education opportunities and receive prior permission to attend and receive funding Reimbursement for said opportunities.
5.5 Equipment – The Contractor will supply transportation and necessary equipment and  supplies when the Natural Resource/Trail Technician is working on county property.  The City will provide transportation and equipment and supplies when the Natural Resource/Trail Technician is working on city property.
5.6 Employment/Liability – The Contractor will employ and compensate the Natural Resource/Trail Technician for the duration of the contract.  Workman’s Compensation and general liability will be the responsibility of the Contractor and the City. The Contractor is responsible for Workman’s Compensation and general liability when the Natural Resource/Trail Technician is working on behalf of the County and the City will be responsible for Workman’s Compensation and general liability in the event of an accident when the Natural Resource/Trail Technician is working on behalf of the City. In the event of an accident, the other party will be notified immediately.

ARTICLE VI.  REPORTS

The Contractor shall submit to the City on an annual basis (December 31) a written progress
report.  Progress report should cover what has been accomplished during the contract period.
These annual reports should also include copies of all reports and activities that have occurred
during the contract period.

ARTICLE VII. REVIEW OF WORK

The City’s key personnel shall have the right to review and observe at any time, anything defined
in Article V or in Appendix A.

ARTICLE VIII.  FUNDING

The City agrees to fund the actual project costs in an amount not to exceed the Contract amount
as set forth on the title page of this Contract for the completion of the Service. (See Budget Summary
Appendix B.)

ARTICLE IX.  PAYMENT

9.1 The City agrees to compensate the Contractor for 50% of the Contract amount.
9.2 No Costs can be incurred before the beginning date or after the ending date as set forth in the Time of performance on the Title page unless a contract extension or amendment has been approved by both parties prior to the expiration of the contract.
9.3 The Contractor and City will not expend any funds not approved in this contract (See Budget Summary – Appendix B) without written approval from the other party prior to any expenditure for wages, equipment, or training.
9.4 The City agrees to pay 90% of the contract price within 60 days of receiving an invoice from the Contractor.  The remaining 10% will be due upon successful completion of the contract. The Contractor will send an invoice for the balance of the contract amount at the end of the contract period with a final report.

                                                            APPENDIX A
Duties
         Trail Maintenance
         Habitat Management
         Landscaping, planting, tree trimming/removal
         Safe Equipment Operation
         Park Maintenance
         Volunteer Coordination
         Herbicide Application
         Prescribed Burning

Responsibilities
         CITY
                        Employee Training & Supervision
                        Equipment & Supplies
                        Funding (50%)
         CONTRACTOR
                        Employee Training & Supervision
                        Equipment & Supplies
                        Program Administration
                        Schedule & Coordinate Work
                        Employ the Nat. Resource/Trail Tech. for 32 hrs. per week at $12.00 per hour,
                        plus FICA & IPERS for the duration of the contract

                                                            APPENDIX B
                                                        Budget Summary

Budget Categories   City Contract
Amount
WCCB
Contractor
Match
Total Project
Costs
Personnel
11,614.00 
11,614.00
23,228.00
FICA/IPERS

Training
386.00
386.00
772.00
Total Costs
12,000.00
12,000.00
24,000.00

**  The purchase of equipment, supplies and materials for use in the city will be purchased
       directly by the parks Department.  The Contractor will submit to the City’s key personnel,
       in writing or via e-mail a listing of equipment needs and costs prior to purchase of any said
       supplies.

Motion carried unanimously.

Moved by Fletcher, seconded by Peterson to approve and authorize Chair to sign 28E Agreement for Joint Exercise of Law Enforcement Authority between the Webster County Conservation Board and the Iowa Department of Natural Resources.

This agreement is made and entered into by and between the Webster County Conservation Board and
The Iowa Department of Natural Resources pursuant to the provisions of Chapter 28E, Code of Iowa (2006) as amended.  The purpose of this Agreement is to provide law enforcement assistance between each party, upon request, and jointly exercise law enforcement authority within each Party’s respective jurisdiction.

 I.      DEFINITION
         A.  Party means a political subdivision whose policy making body has adopted and executed this
               agreement.

II.      IOWA CODE CHAPTER 28E AGREEMENT
         A.  A peace officer employed by any of the parties to this Agreement shall have full power and
               authority of a peace officer to act in any location within the jurisdictional boundaries of the
               parties hereto when such officer is aware of criminal activity in said jurisdiction, observes a
               crime occurring in his/her presence; or is acting pursuant to a request-for-assistance under
               this Agreement.

         B.  A peace officer acting pursuant to the Agreement shall be deemed to be serving in the scope
              of his/her employment.

         C.  Act subject to all the rules, regulations, and directives of the Peace Officers employer.

         D.  When assistance is provided under this agreement, command responsibility for the law
                enforcement activity shall be determined as appropriate for the event.

         E.   In the event of budgetary of scheduling impact, the authority to determine the extent of
               assistance shall lie exclusively with the commanding officer of the Responding Party.

         F.  Each party to the agreement shall be responsible for the compensation of its own employees
               for payment of wages and overtime expenses, as well as payment of any disability, death,
               worker’s compensation or other benefits which are owed or become owing or accrue to its
               own employees as a result of activities undertaken pursuant to the terms of this Agreement.

         G.  Each party shall be responsible for the acts or omissions of its own employees to the extent
               specified in Chapter 670 of the Code of Iowa which governs liability issues.

         H.  Each party shall be responsible for its own equipment and vehicles.

         I.   Following approval of this agreement by the parties, the Agreement shall be filed with the
              Webster County Recorder and with the Secretary of State for the State of Iowa by the
              Webster County Auditor.

         J.   This agreement shall remain in full force and effect until either Party terminates the  
               Agreement by providing notice to the other Party thirty (30) days prior to the termination
               becoming effective.

         K.  The cooperative undertaking resulting from this Agreement will not create any new or
               separate legal or administrative entity.

BY:   s/Robert H Singer , Chairperson
         Webster County Board of Supervisors

DATE:  May 15, 2012  

ATTEST:  s/Carol Messerly       , Webster County Auditor
        
BY:  s/Brad Luke                      , President
         Webster County Conservation Board

DATE:  April 10, 2012  

Motion carried unanimously.

Moved by Peterson, seconded by Condon to approve and authorize Chair to sign 28E Agreement for Joint Exercise of Law Enforcement Authority between the Webster County Conservation Board and the Webster County Sheriff’s Department.

This agreement is made and entered into by and between the Webster County Conservation Board and
the Webster County Sheriff’s Department pursuant to the provisions of Chapter 28E, Code of Iowa
(2006) as amended.  The purpose of this Agreement is to provide law enforcement assistance between
each party, upon request, and to jointly exercise law enforcement authority within each Party’s
respective jurisdiction.

 I.      DEFINITION
         A.  Party means a political subdivision whose policy making body has adopted and executed
               this agreement.

II.      IOWA CODE CHAPTER 28E AGREEMENT
         A.  A peace officer employed by any of the parties to this Agreement shall have full power and
               authority of a peace officer to act in any location within the jurisdictional boundaries
               of the parties hereto when such officer is aware of criminal activity in said jurisdiction
               observes a crime occurring in his/her presence; or is acting pursuant to a request-for-
               assistance under this Agreement.

         B.  A peace officer acting pursuant to the Agreement shall be deemed to be serving in the
               scope of his/her employment.

         C.  Act subject to all the rules, regulations, and directives of the Peace Officers employer.

         D.  When assistance is provided under this agreement, command responsibility for the law
               enforcement activity shall be determined as appropriate for the event.

         E.  In the event of budgetary or scheduling impact, the authority to determine the extent
              of assistance shall lie exclusively with the commanding officer of the Responding Party.

         F.  Each party to the agreement shall be responsible for the compensation of its own
              Employees, for payment of wages and overtime expenses, as well as payment of
              any disability, death, worker’s compensation or other benefits which are owed or
              become owing or accrue to its own employees as a result of activities undertaken
              pursuant to the terms of this Agreement.

         G.  Each party shall be responsible for the acts or omissions of its own employees to the
               extent specified in Chapter 670 of the Code of  Iowa which governs liability issues.

         H.  Each party shall be responsible for its own equipment and vehicles.

         I.   Following approval of this agreement by the parties, the Agreement shall be filed
              with the Webster County Recorder and with the Secretary of State for the State of Iowa
               by the Webster County Auditor.

         J.  This agreement shall remain in full force and effect until either Party terminates the
              Agreement  by providing notice to the other Party thirty (30) days prior to the
              termination becoming effective.

         K.  The cooperative undertaking resulting from the Agreement will not create any new or
               separate legal or administrative entity.

BY:  s/Robert H Singer  , Chairperson
         Webster County Board of Supervisors

DATE:  May 15, 201                            

ATTEST:  s/Carol Messerly       , Webster County Auditor

Motion carried unanimously.

Moved by Condon, seconded by Fletcher to approve and authorize the transfer of $1,000.00 donation from the Daybreak Rotary Club from the General Basic Fund to the Conservation Trust to be used for the purchase of a kayak trailer that will be used for paddling education and water clean-up events.  Motion carried unanimously.

Moved by Fletcher, seconded by Peterson to approve Application of Permit to Apply Dust Control Treatment for Pro Cooperative.  (Copy on file in Engineer’s office).  Motion carried unanimously.

Moved by Peterson, seconded by Condon to adjourn the meeting.  Motion carried unanimously.