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HomeMy WebLinkAbout2025-04-07 I01E_02 28E Agr Amendment_SERTAGENDA ITEM: CITY OF WAUKEE, IOWA CITY COUNCIL MEETING COMMUNICATION MEETING DATE: April 7, 2025 AGENDA ITEM:Consideration of approval of amended 28E Agreement adding the City of Windsor Heights and the City of Polk City to the Suburban Emergency Response Team (SERT). FORMAT:Consent Agenda SYNOPSIS INCLUDING PRO & CON: The Waukee Police Department currently is a member of the Suburban Emergency Response Team (SERT), which provides specially trained and equipped teams to assist with extraordinary law enforcement related incidents. The SERT team is a collaboration of the cities of Waukee, West Des Moines, Urbandale, Clive, Johnston, Altoona, Ankeny, Norwalk and Dallas County. Recently, the City of Windsor Heights and the City of Polk City have expressed interest in joining SERT. As a result of adding Windsor Heights and Polk City, an amended 28E agreement is necessary. FISCAL IMPACT INCLUDING COST/BENEFIT ANALYSIS: No additional fiscal impact to the City of Waukee. COMMISSION/BOARD/COMMITTEE COMMENT: STAFF REVIEW AND COMMENT: RECOMMENDATION: Approve Agreement. ATTACHMENTS: I. 28E with related to SERT PREPARED BY:Chad McCluskey, Police Chief REVIEWED BY:Brad Deets, City Administrator I1E2 THE CITY OF WAUKEE, IOWA RESOLUTION 2025- APPROVING CHAPTER 28E AGREEMENT BETWEEN THE CITY OF WAUKEE, IOWA, THE CITY OF URBANDALE, IOWA, THE CITY OF WEST DES MOINES, IOWA, THE CITY OF CLIVE, IOWA, THE CITY OF JOHNSTON, IOWA, THE CITY OF ALTOONA, IOWA, THE CITY OF ANKENY, IOWA, THE CITY OF NORWALK, IOWA, THE CITY OF WINDSOR HEIGHTS, IOWA, THE CITY OF POLK CITY, IOWA, AND DALLAS COUNTY RELATED TO THE CONSOLIDATED SUBURBAN EMERGENCY RESPONSE TEAM (SERT). 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 of Waukee and the Waukee Police Department need the availability of a specially trained and equipped team to handle extraordinary law enforcement-related incidents for which a specially equipped team could prove beneficial; AND, WHEREAS, several Des Moines Metropolitan area agencies have entered into an agreement to create the Suburban Emergency Response Team (SERT) for the benefit of all involved communities and agencies in special circumstances where a tactical team may prove beneficial; AND, WHEREAS, on September 16, 2019, the Waukee City Council approved a Chapter 28E agreement (Resolution #1-344) related to the Suburban Emergency Response Team (SERT); AND, WHEREAS, the Waukee Police Department recommends entering into an amended Chapter 28E agreement with the agencies listed above to provide continuation of the Suburban Emergency Response Team (SERT), as well as adding the City of Windsor Heights and the City of Polk City to the original agreement; NOW THEREFORE BE IT RESOLVED by the City of Waukee City Council that the City of Waukee hereby approves the Chapter 28E Agreement Between the City of Waukee, Iowa, and the cities of Urbandale, West Des Moines, Clive, Johnston, Altoona, Ankeny, Norwalk, Windsor Heights, Polk City, and Dallas County for the Suburban Emergency Response Team (SERT). Passed by the City Council of the City of Waukee, Iowa, and approved the 7th day of April, 2025. ____________________________ Courtney Clarke, Mayor Attest: ___________________________________ Rebecca D. Schuett, City Clerk RESULTS OF VOTE: AYE NAY ABSENT ABSTAIN R. Charles Bottenberg Chris Crone Rob Grove Anna Bergman Pierce Ben Sinclair Prepared by: Molly Tracy, Asst. City Attorney, PO Box 65320, West Des Moines, IA 50265-0320 (515) 222-3474. Return to: City Clerk, City of West Des Moines, PO Box 65320, West Des Moines, IA 50265-0320 (515) 222-3603 SPACE ABOVE THIS LINE FOR RECORDER Agreement for the Suburban Emergency Response Team (SERT) Pursuant to Iowa Code Chapter 28E This agreement, made pursuant to Iowa Code Chapter 28E, for the consolidated Suburban Emergency Response Team ("SERT") is entered into between the City of Urbandale, the City of West Des Moines, the City of Clive, the City of Johnston, the City of Altoona, the City of Ankeny, the City of Waukee, the City of Norwalk, the City of Windsor Heights, the City of Polk City, and Dallas County (hereinafter "Local Government Agencies" or "Agencies"). WHEREAS, the Local Government Agencies have established a relationship for the consolidation of their respective part-time police tactical teams and critical incident negotiators whose primary responsibility would be to provide specialized tactical and crisis negotiation responses to critical incidents and high-risk situations. NOW, THEREFORE, BE IT REMEMBERED that in consideration of the mutual promises, covenants, and considerations herein contained and for the benefit of the public, the Local Government Agencies have entered into the following agreement pursuant to Chapter 28E of the Code of Iowa as set out herein: I. PURPOSE The purpose of this Agreement is to provide for a formalized agreement among the Local Government Agencies, which will combine the previously separate tactical teams formed by the Cities of Urbandale and West Des Moines into one team under the command, guidance, and coordination of one team commander. This new combined team shall be made up of members from various Agency law enforcement departments to provide tactical and critical incident services during emergency and high-risk situations. This Agreement is a voluntary undertaking of the Agencies. It is not the intent of these Agencies to create a new legal entity by this Agreement. II. DURATION 1. This Agreement shall be approved by the respective governing bodies of the Local Government Agencies. Said approval shall be by resolution. Said resolution shall authorize the Mayors of the Cities and the Chairperson of the Board of Supervisors of the County to execute this Agreement on behalf of that party. Upon approval by each party, as provided herein, the Agreement shall be electronically filed with the Secretary of State of Iowa, as provided by Iowa Code Section 28E.8. The Agreement will be in effect upon the completion of such filings. 2. Unless otherwise extended or amended by agreement of the parties, this Agreement will be indefinite in duration, as provided by Iowa Code Section 28E.27. III. MEMBERSHIP On an annual basis, the parties to this Agreement shall decide whether to allow other local government agencies to join the consolidated SERT. Each existing party to this Agreement shall approve the new member agency by resolution. The existing parties shall also approve the necessary revisions to this Agreement required by the addition of new member agencies. IV. ADMINISTRATOR No separate entity is created by the Agreement. Pursuant to Iowa Code Section 28E.6, the West Des Moines Chief of Police shall be the administrator of this Agreement. V. SERVICES AND RESPONSIBILITY 1. The part-time consolidated SERT shall be coordinated and led by a Team Commander selected from one of the member law enforcement departments. The SERT shall be made up of Entry Teams, a Crisis Intervention Team, Observers/Marksmen, and a Medical Team. A. All personnel assigned to the SERT as entry team members or Observers/Marksmen will be assigned to a specific team as required by mission requirements. The SERT commander will attempt to assign personnel equitably among the multiple entry teams and Observers/Marksmen teams. B. The Crisis Intervention Team shall be made up of a combined compliment of trained crisis negotiators from members law enforcement departments and shall be coordinated by an executive officer from a member department. C. The Observers/Marksmen will be comprised of trained counter-sniper / observers from member law enforcement departments. The Observers/Marksmen shall be coordinated by an executive officer from a member department. D. Storage space, meeting space, and training facilities shall be respectively provided by each member agency as needed. E. The Oversight Board will be composed of the Chief Executive Officer from each respective law enforcement agency. 2. This combined SERT will provide tactical and crisis intervention services to the Local Government Agencies which have entered into this Agreement. Additional local government agencies may enter this Agreement if they provide qualified personnel pursuant to the application process to one or more of the SERT teams. With the formal request of another Police Chief or his designee, the SERT may be deployed to a non-member community with the approval of the SERT Commander's Chain of Command. 3. In rotation with other area tactical teams, each of the Entry Teams will take a week of on-call duty for the MINE Task Force for the purpose of planning and executing high-risk drug related search warrants. 4. The SERT Commander shall ensure that the files have been maintained on any incident or situation where the SERT is utilized or activated to include involved officers and action taken by the SERT. This reporting shall include training exercises, search warrant executions, and overtime expenditures. 5. Each member Agency shall retain control, responsibility, and liability for its own employees while participating in SERT. 6. The members agree that the applicable National Incident Management System (NIMS) standards shall apply for command and control of SERT units while operating in member and non-member jurisdictions. VI. FINANCIAL AGREEMENT 1. Each participating Agency shall be responsible for equipping their officer(s) with the agreed upon seasonal clothing, uniforms, personal protective equipment, communication hardware, training ammunition, ballistic vest, and other equipment. An exception to this clause may be a mutual agreement between two or more Agencies to provide an officer or agency with necessary equipment such as a radio if the affected officer does not have access to the same communication system. 2. Each Agency shall be responsible for any overtime pay due their respective officer(s) from any team related training, call-out, or critical situation incidents. 3. Each Agency shall be responsible for tracking, monitoring, and reporting the financial implications of an officer's use of overtime. VII. ACQUISITION AND DIVESTITURE OF PROPERTY 1. Two or more Agencies may decide to jointly purchase equipment for use by the SERT with costs split as agreed by the parties. The parties purchasing such joint equipment will also designate which party will be responsible for processing the purchase through its Agency's purchasing process. The purchasing party shall invoice the other parties for their agreed share of the equipment cost which shall be payable within thirty (30) days of presentation of the invoice. 2. Should this relationship be dissolved or terminated, all equipment originally purchased by an individual Agency shall be returned to and retained by that Agency. Any equipment jointly purchased by two or more Agencies shall be disposed of by public auction with a distribution of the proceeds using the same ratio as the original funding of the purchase. Should an individual Agency desire to retain the jointly purchased equipment, all law enforcement executive officers of the member Agencies shall agree upon a value price and the Agency desiring to retain the equipment shall pay the other purchaser Agency(s) the percentage of the value price equal to the purchaser Agency's percentage of the original funding purchase. VIII. CANCELLATION OR MODIFICATION OF THE AGREEMENT 1. Any member Agency may withdraw from the SERT at any time prior to the expiration of this Agreement by giving sixty (60) days written notice to the other member Agencies. All notices under this Agreement shall be in writing and are deemed as given when deposited in the United States Post Office. Notices to the City of West Des Moines shall be addressed to Chief of Police, City of West Des Moines, P.O. Box 65320, 250 Mills Civic Parkway, West Des Moines, Iowa 50265-0320. Notices to the City of Urbandale shall be addressed to Chief of Police, City of Urbandale, 3740 NW 86th Street, Urbandale, Iowa 50322. Notices to the City of Clive shall be addressed to Chief of Police, City of Clive, 8505 Harbach Street, Clive, Iowa 50325. Notices to the City of Johnston shall be addressed to the Chief of Police, City of Johnston, P.O. Box 410, Johnston, Iowa 50131-0410. Notices to the City of Altoona shall be addressed to the Chief of Police, City of Altoona, 700 1st A venue South, Altoona, Iowa 50009. Notices to the City of Ankeny shall be addressed to the Chief of Police, City of Ankeny, 411 SW Ordnance Road, Ankeny, Iowa 50023. Notices to the City of Waukee shall be addressed to the Chief of Police, City of Waukee, P.O. Box 757, Waukee, Iowa 50263. Notices to Dallas County shall be addressed to the Dallas County Sheriff, 28985 Thin Blue Line Lane, Adel, Iowa 50003. Notices to the City of Norwalk shall be addressed to the Chief of Police, City of Norwalk, 1100 Chatham Avenue, Norwalk, Iowa 50211. Notices to the City of Windsor Heights shall be addressed to the Chief of Police, City of Windsor Heights, 1133 66th St., Windsor Heights, IA 50324. Notices to the City of Polk City shall be addressed to the Chief of Police, City of Polk City, 309 W Van Dorn St., P.O. Box 381, Polk City, IA 50226. If during the term of this Agreement any party shall change the address of the above contact persons, it shall notify the other parties of said new address. 2. This Agreement may be supplemented, amended, or revised by agreement of the parties after approval by their respective governing bodies by resolution approving said amendments, supplements, or revisions. IX. LIABILITY Each party to this Agreement shall be responsible for the negligence of their own employees while engaging in SERT operations. X. APPROVAL AND FILING Each member Agency approving this Agreement shall execute the separate signature page provided for it, and the parties hereto authorize the City Clerk of West Des Moines to assemble the signature pages and append the same to copies of this Agreement, and to electronically file the Agreement with the Secretary of State of Iowa. SIGNATURE PAGES TO FOLLOW Passed and approved this ________ day of ____________________, 2025 CITY OF WEST DES MOINES, IOWA By______________________________ Russ Trimble, Mayor ATTEST: _______________________________ Ryan T. Jacobson, City Clerk Passed and approved this ________ day of ____________________, 2025 CITY OF URBANDALE, IOWA By______________________________ Robert D. Andeweg, Mayor ATTEST: _______________________________ Nicole Lunders, City Clerk Passed and approved this ________ day of ____________________, 2025 CITY OF CLIVE, IOWA By______________________________ John Edwards, Mayor ATTEST: _______________________________ Matthew Graham, City Clerk Passed and approved this ________ day of ____________________, 2025 CITY OF JOHNSTON, IOWA By______________________________ Paula Dierenfeld, Mayor ATTEST: _______________________________ Cyndee Rhames, City Clerk Passed and approved this ________ day of ____________________, 2025 CITY OF ALTOONA, IOWA By______________________________ Dean O’Connor, Mayor ATTEST: _______________________________ Randy Pierce, City Clerk Passed and approved this ________ day of ____________________, 2025 CITY OF ANKENY, IOWA By______________________________ Bobbi Bentz, Mayor ATTEST: _______________________________ Michelle Yuska, City Clerk Passed and approved this ________ day of ____________________, 2025 CITY OF WAUKEE, IOWA By______________________________ Courtney Clarke, Mayor ATTEST: _______________________________ Becky Schuett, City Clerk Passed and approved this ________ day of ____________________, 2025 DALLAS COUNTY, IOWA By______________________________ Chair Dallas County Board of Supervisors ATTEST: _______________________________ Notary Passed and approved this ________ day of ____________________, 2025 CITY OF NORWALK, IOWA By______________________________ Tom Phillips, Mayor ATTEST: _______________________________ Lindsey Offenburger, City Clerk Passed and approved this ________ day of ____________________, 2025 CITY OF WINDSOR HEIGHTS, IOWA By______________________________ Mike Jones, Mayor ATTEST: _______________________________ Adam Strait, City Clerk Passed and approved this ________ day of ____________________, 2025 CITY OF POLK CITY, IOWA By______________________________ Steve Karsjen, Mayor ATTEST: _______________________________ Jenny Coffin, City Clerk