Loading...
HomeMy WebLinkAbout2022-05-16 I01G_01 28E Agreement_Law Enforcement Crisis Intervention ProgramAGENDA ITEM: CITY OF WAUKEE, IOWA CITY COUNCIL MEETING COMMUNICATION MEETING DATE: May 16, 2022 AGENDA ITEM:Consideration of approval of a resolution approving 28E Agreement between Heart of Iowa Region and the City of Waukee, Iowa [Law Enforcement Crisis Intervention Program] FORMAT:Consent Agenda SYNOPSIS INCLUDING PRO & CON: The City of Waukee and the Heart of Iowa Region propose a 28E agreement to facilitate the creation of a Crisis Intervention Team to address the growing number of mental health related calls for service. Both of the aforementioned parties share a mutual goal of making available training and resources to better equip Police and Fire personnel to address mental health related calls and situations. The Heart of Iowa Region has agreed to provide funding and resources to facilitate crisis intervention training to public safety personnel; make available trained mental health professionals to act as a resource to law enforcement and to cooperatively respond with law enforcement to mental health related public safety calls; and provide funding for a full- time crisis intervention police officer in the Waukee Police Department. The city believes that having the additional training and resources available to Police and Fire personnel serving the Waukee community will further enhance the public safety services provided by the City to the community. Further it will aid in fostering community relations, provide the tools necessary to allow public safety personnel to more effectively respond to mental health related calls, and provide more opportunities for intervention, navigation and follow up for those in need of Mental Health Services. FISCAL IMPACT INCLUDING COST/BENEFIT ANALYSIS: COMMISSION/BOARD/COMMITTEE COMMENT: STAFF REVIEW AND COMMENT: RECOMMENDATION: Approve the resolution. ATTACHMENTS: I. Proposed Resolution II.28E Agreement PREPARED BY:Police Chief John Quinn I1G1 THE CITY OF WAUKEE, IOWA RESOLUTION 2022- APPROVING 28E AGREEMENT BETWEEN HEART OF IOWA REGION AND THE CITY OF WAUKEE, IOWA [LAW ENFORCEMENT CRISIS INTERVENTION PROGRAM] IN THE NAME AND BY THE AUTHORITY OF THE CITY OF WAUKEE, IOWA WHEREAS, the City of Waukee, Iowa is a duly organized municipality within Dallas County; AND, WHEREAS, the City and the Heart of Iowa Region desire to enter into a 28E agreement to facilitate the creation of a Crisis Intervention Team to address the growing number of mental health related calls for service, with a shared goal of making available training and resources to better equip Police and Fire personnel to address mental health related calls and situations; AND, WHEREAS, the City believes that having the additional training and resources available to Police and Fire personnel serving the Waukee community will further enhance the public safety services provided by the City to the community; AND, WHEREAS, this additional resource will aid in fostering community relations, provide the tools necessary to allow public safety personnel to more effectively respond to mental health related calls, and provide more opportunities for intervention, navigation and follow up for those in need of mental health services; AND, WHEREAS, under Chapter 28E of the Code of Iowa, 2021, the City of Waukee, as a public agency, may enter into an Agreement with the Heart of Iowa Region, another public agency, to provide services to the mutual advantage of both agencies. NOW THEREFORE BE IT RESOLVED by the City of Waukee City Council in session this 16th day of May, 2022, that it hereby approves a 28E Agreement between Heart of Iowa Region and the City of Waukee, Iowa [Law Enforcement Crisis Intervention Program]. ____________________________ Courtney Clarke, Mayor Attest: ___________________________________ Rebecca D. Schuett, City Clerk RESULTS OF VOTE: AYE NAY ABSENT ABSTAIN Anna Bergman Pierce R. Charles Bottenberg Chris Crone Larry R. Lyon Ben Sinclair 28E AGREEMENT BETWEEN HEART OF IOWA REGION AND THE CITY OF WAUKEE, IOWA CONCERNING THE THE LAW ENFORCEMENT CRISIS INTERVENTION PROGRAM THIS AGREEMENT, made and entered into this ____ day of _____________, 2022, by and between the HEART OF IOWA REGION, an entity created pursuant to Iowa Code Chapter 28E, (hereinafter referred to as “Region”), and the CITY OF WAUKEE, IOWA, an Iowa municipal corporation organized and existing under the provisions of Iowa Code Chapter 364 (hereinafter referred to as “City”). WHEREAS, there is a growing mental health problem in this country and public safety personnel are encountering more and more mental health related calls without the training and resources necessary to adequately address those calls; and WHEREAS, the parties share a mutual goal of making available training and resources to better equip public safety personnel to address mental health related calls and situations (hereinafter the “Crisis Intervention Program”); and WHEREAS, Region has funding and resources available to provide crisis intervention training to public safety personnel; make available trained mental health professionals to act as a resource to law enforcement and to cooperatively respond with law enforcement to mental health related public safety calls; and provide funding for a full time crisis intervention police officer in the Waukee Police Department; and WHEREAS, the City believes that having the additional training and resources available to public safety personnel serving the community will further enhance the public safety services provided by the City to the community; further aid in fostering community relations; provide the tools necessary to allow public safety personnel to more effectively respond to mental health related calls; and provide more opportunities for intervention, navigation and follow up for those in need; and WHEREAS, this Agreement is entered into between two (2) public agencies for joint and cooperative action pursuant to the provisions of Iowa Code Chapter 28E; and WHEREAS, in accordance with Iowa Code Chapter 28E, after execution of this Agreement by the Region and the City, it shall be electronically filed in the office of the Secretary of State. NOW, THEREFORE, the parties hereby agree as follows: ARTICLE I CRISIS INTERVENTION OFFICER 1.1 Crisis Intervention Officer. Subject to the funding contemplated by the agreement, the City shall provide one full time Crisis Intervention Officer (hereinafter “CIO”) whose duties will include at the minimum: 1st May A. Maintain a professional working relationship with the mental health professional assigned. B. Be a direct liaison between the mental health community and the Waukee Police Department. C. Respond to mental health related calls as requested by Westcom. Complete mental health follow-ups with identified consumers or referrals from patrol. D. Complete assessments of individuals in a mental health crisis to determine if involuntary hospitalization is required. Provide transportation to locally identified resources best suited for the consumer requesting/requiring hospitalization. E. Develop a region-specific resource guide linking all the community stakeholders. Coordinate with local mental health agencies for continuity of care. F. Attend meetings with local facilities, hospitals, courtroom workgroups, as required. Maintain statistics pertinent to the role and the program. G. Attend roll calls, monthly or as needed, to educate patrol officers and supervisors about the program. H. Work closely with the consultant group to improve the implementation of the co-responder program. I. Performs other duties or assumes other responsibilities as apparent or assigned. The duties specified herein may be changed by the City after consultation with Region. 1.2 Selection. The CIO shall be a certified and sworn law enforcement officers under the authority and in the employ of the City. The City Chief of Police shall select the police officer for assignment as CIO. 1.3 Supervision. The Waukee Police Department shall supervise the CIO. 1.4 Assignment. Subject to the funding required by this agreement, the Waukee Police Department will provide an unmarked police motor vehicle assigned to the CIO for their duties. In addition, the CIO will be provided office space, a desk and standard issue police equipment in accordance with the policies of the Waukee Police Department. 1.5 Training. Region shall provide crisis intervention training to the CIO within 60 days of the position of CIO being filled. 1.6 Employment Status. The CIO shall at all times be an employee of the City, and all assignment of duties, discipline/termination of employment and performance shall remain the responsibility of the City. The City shall be responsible for the payment of salary, wages, unemployment, taxes, FICA and any other compensation, benefits, associated with the CIO. The City shall maintain workers compensation insurance and liability insurance covering the acts and omissions of its employees, including the CIO. Region and the City acknowledge that the CIO will remain solely under the supervision, direction and control of chain of command of the City police department. ARTICLE II ASSIGNED MENTAL HEALTH PROFESSIONAL 2.1 Mental Health Professional. Region will fund and contract with a mental health service organization (“MHSO”) of its choosing, currently Zion Integrated Behavioral Health, to make available mental health resources to the Waukee Police Department as contemplated hereunder. The MHSO will assign a Mental Health Professional(“MHP”) as a resource available to respond and provide assistance, as needed, to the Waukee Police Department in connection with mental health related calls received by the Waukee Police Department. The MHP assigned by said MSHO shall be qualified as a Mental Health Professional as defined by the State of Iowa and, at a minimum, assist with the following: 1. Maintain a professional working relationship with the local law enforcement 2. Be a direct liaison between the mental health community and the Waukee PD 3. Assist with mental health related calls as requested by Waukee PD 4. Complete mental health follow-ups with local law enforcement referrals 5. Complete assessments of individuals in a mental health crisis to determine if an involuntary hospitalization is required 6. Provide transportation to locally identified resources best suited for the consumer requesting/requiring hospitalization 7. Develop a region-specific resource guide linking all the community stakeholders 8. Coordinate with local community resources for continuity of care 9. Attend meetings with local facilities, hospitals, courtroom workgroups, as required 10. Maintain statistics pertinent to the role and the program 11. Participate in required training to maintain and improve qualifications and quality of service. 12. Work closely with the consultant group to improve the implementation of the co-responder program 2.2 Employment Status. The MHP assigned by the MHSO shall at all times be an employee of the MHSO, and all assignment of duties, discipline/termination of employment and performance shall remain the responsibility of the MHSO. The MHSO shall be responsible for the payment of salary, wages, unemployment, taxes, FICA and any other compensation, benefits, associated with the MHP. The MHSO shall maintain workers compensation insurance and liability insurance covering the acts and omissions of its employees and contractors, including but not limited to the MHP assigned by MHSO. Region and the City acknowledge that any assigned MHP will remain solely under the supervision, direction and control of MHSO. ARTICLE III CRISIS INTERVENTION OFFICE 3.1 Materials and Facilities. In order to facilitate the program, the assigned MHP will have access to the following, to be arranged and made available by the City as necessary: (a) Access to a properly lighted reasonably secure private office, equipped with a telephone to be used for general business purposes for use by the MHP in the same building as the CIO: (b) A location for files and records that can be properly locked and secured; and (c) A desk with drawers, a chair, worktable, filing cabinet and office supplies for use by the MHP as needed; 3.2 Access to Information. It is recognized that the City and the assigned MHP or MHSO possess, or have access to, information not possessed by the other party, including but not limited to criminal history data, police investigative reports and information, mental health related information and histories, and other data and information that are subject to the confidentiality provisions and data sharing restrictions under state and federal law, including limitations on redisclosure. The parties agree to thoroughly consider the type of information and data that each party might possess that may prove beneficial in facilitating more effective crisis intervention responses in mental health related law enforcement calls and to develop a written policy, consistent with the limitations imposed by federal, state and local law, to be approved by both the assigned MHSO and the Waukee Police Department. After adoption, both parties will implement the policy and share and handle data and information in accordance with the approved policy. ARTICLE IV CRISIS INTERVENTION TRAINING 4.1 Crisis Intervention Training. The City desires that police personnel be provided the resources and training to be better equipped to respond to mental health related calls to law enforcement. Region agrees to provide crisis intervention training (“CIT”) to Waukee Police Department (“WPD”) personnel. The training will include 40-hour course of CIT instruction and training for ____ WPD employees. ARTICLE V FUNDING ASSISTANCE BY REGION 5.1 Funding. Region will provide funding to the City based on the City’s cost of the program as follows: a. an amount equal to the cost incurred by the City for the salary, overtime, benefits and training of the CIO on annual basis; and b. an amount equal to the cost of uniforms and equipment for one police officer, including but not limited to, weapon, taser, restraint devices and defense equipment issued by the Police Department under existing City policy; and c. an amount equal to the training expenses incurred by the City for a new police officer, including, but not limited to, ILEA training and expenses to be incurred in the fiscal year starting July 1, 2022 ; and d. an amount equal to the costs incurred by the City for the purchase of an unmarked, fully equipped law enforcement patrol vehicle, to be assigned by the City for use by the CIO. e. Independently of this agreement, Region will arrange, contract and fully fund and p ay directly a MHSO for the services provided by said MHSO as contemplated by this agreement. 5.2 Method of Funding. The City and Region have agreed that Region will provide funding in advance based on the City budget for each prior to the next fiscal year. Region and the City have agreed that to initial reimbursement the budget year commencing July 1, 2022 which is set forth in Exhibit A. For subsequent budget years, the City will prepare its budgeted costs for the CI Program (including, inter alia, costs for the CIO salary, benefits, overtime, training and necessary equipment, including any maintenance of the police vehicle used by the CIO) in a form substantially similar to Exhibit A on a yearly basis and provide a copy of the proposed budget to Region on or before May 30th of the City fiscal year preceding the upcoming fiscal year. Said budget shall include a true up reflecting the actual expenses incurred by the City for the current budget year which shall be claimed by the City as either a debit, or a credit, in the budget submitted, and shall be reflected in the total amount to funded by Region (ie. overtime expense incurred for CIO exceeded the budgeted amount). Region shall remit the funding payment to the City in the amount of the submitted budget no later than June 30 following its submission by the City to Region. 5.2 Overtime. If the CIO is required to work overtime associated with the performance of their duties as CIO with the City, the City’s cost for such overtime is eligible for funding assistance from Region. The CIO shall submit their Waukee Police Department City timesheet to the City with the overtime worked as part of their regular duties as CIO in accordance with City overtime policies . The City shall then invoice region for reimbursement for overtime worked by the CIO in the current fiscal year, through the date of the budget submitted in 5.1. Region will make payment to the City for the overtime costs with the funding payment made pursuant to this article. ARTICLE VI TERM AND TERMINATION 6.1 Term. The initial term of this Agreement shall commence July 1, 2022 and continue for a period of three (3) years. The Agreement shall renew automatically for two (2) year terms, unless the cancelling party provides six (6) months notice prior to the expiration of the initial term or extension. 6.2 Termination. After the initial term this Agreement may be terminated for any reason by either party upon three hundred sixty five (365) days written notification to the other party. The City shall be entitled to compensation for all services performed up to the date of termination. The City shall retain vehicles, radios, cell phones, computers, cameras, and all other City property. ARTICLE VII MISCELLANEOUS 7.1 Independent Contractor. Region shall serve as an independent contractor at all times. The manner in which Region services are rendered shall be within Region’s sole control and discretion. Region, its officers, employees, agents, contractors or subcontractors, shall not be authorized to speak for, represent, or obligate the City or act as an agent for the City. Region, it’s officers, employees, agents, contractors or subcontractors will not be eligible for, and shall not participate in, any employee pension, health, welfare, or other fringe benefit plan of the City. No workers' compensation insurance or liability insurance shall be obtained by the City covering Region its officers, employees, agents, contractors or subcontractors. Further, Region shall assure that the MHSO contracted by Region, is aware of this contract and agrees to this provision, Article II and paragraph 7.6, prior the MHSO commencing services. 7.2 Amendments. This Agreement may be modified only by written agreement of the parties. 7.3 Entire Agreement. This Agreement is the entire Agreement between the parties regarding the subject matter hereof. 7.4 Enforcement. This Agreement may only be enforced by the parties hereto or their successors or assigns and no third party shall have standing to enforce the terms of this Agreement. There are no third- party beneficiaries to this Agreement including but not limited to the employees, personnel, contractors, sub-contractors or the public as whole. 7.5 Governing Law. This Agreement and the rights and obligations of the parties hereto shall be governed by and construed in accordance with the laws of the State of Iowa. 7.6 Liability and Indemnification. The City, its officers and employees, shall not be deemed to have assumed any liability for negligent or intentional acts of Region or the MHSO or its officers, employees, agents, contractors or subcontractors. Region and the MHSO shall indemnify, defend and hold the City, its employees and agents harmless from and against any and all liability, loss, damages, expenses, court costs and attorneys’ fees in connection with, arising out of or directly or indirectly related to any claim of loss or damage to property or of death or injury to persons, resulting from the negligent or intentional acts of their officers, employees, agents, contractors or subcontractors. Region and the MHSO, their officers and employees, shall not be deemed to have assumed any liability for negligent or intentional acts of the City or its officers, employees or agents. City shall indemnify, defend, and hold them, their employees and agents harmless from and against any and all liability, loss, damages, expenses, court costs and attorneys’ fees in connection with, arising out of or directly or indirectly related to any claim of loss or damage to property or of death or injury to persons, resulting from the negligent or intentional acts of the City. 7.7 No Separate Entity/Administrator. It is understood that this Agreement is between two (2) public agencies and that a separate legal or administrative entity is not created under this Agreement. The Chief of Police of the Waukee Police Department and the Chief Operating Officer of Region shall be the Joint Administrators of this Agreement. IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first written above. HEART OF IOWA REGION CITY OF WAUKEE ________________________ ________________________ By: Darci Alt By: Courtney Clarke Its: Chief Operating Officer Its: Mayor Date: ____________________ Date: ____________________ ATTEST ATTEST ________________________ ________________________ By: _______________ By: Becky Shuett Its: Board Secretary Its: City Clerk Date: ____________________ Date: ____________________ May 6, 2022 EXHIBIT A City of Waukee Crisis Intervention Budget FY 2022/2023