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Home My WebLink About2019-09-16-J01H Suburban Emergency Response Team 28E AmendmentAGENDA ITEM: CITY OF WAUKEE, IOWA CITY COUNCIL MEETING COMMUNICATION MEETING DATE: September 16, 2019 AGENDA ITEM:Consideration of approval of a resolution approving amended Agreement for the Suburban Emergency Response Team pursuant to Iowa Code Chapter 28E FORMAT:Consent Agenda SYNOPSIS INCLUDING PRO & CON: On July 6, 2015, the Waukee City Council approved a 28E Agreement to participate as a member of the Suburban Emergency Response Team (SERT) to provide tactical and critical incident services during emergency and high risk situations. An amended agreement is proposed with the following changes: Adding the City of Norwalk / Norwalk PD as members. Changing the five-year “sunset” of the current agreement from June 2020 to an “indefinite agreement.” FISCAL IMPACT INCLUDING COST/BENEFIT ANALYSIS: COMMISSION/BOARD/COMMITTEE COMMENT: STAFF REVIEW AND COMMENT: Police Chief Quinn recommends approval of the amended agreement. RECOMMENDATION: Approve the resolution. ATTACHMENTS: I. Proposed Resolution II. Agreement for the Suburban Emergency Response Team Pursuant to Iowa Code Chapter 28E (amended) PREPARED BY:Becky Schuett REVIEWED BY: Police Chief John Quinn PUBLIC NOTICE INFORMATION – NAME OF PUBLICATION: DATE OF PUBLICATION: J1H THE CITY OF WAUKEE, IOWA RESOLUTION 19- APPROVING AN AMENDED AGREEMENT FOR THE SUBURBAN EMERGENCY RESPONSE TEAM PURSUANT TO IOWA CODE CHAPTER 28E 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, on July 6, 2015, the Waukee City Council approved an Agreement for the Suburban Emergency Response Team pursuant to Iowa Code Chapter 28E for the consolidation of the members’ respective part-time police tactical teams and critical incident negotiators into one team under the command, guidance, and coordination of one team commander (Resolution #15-222); AND, WHEREAS, the member organizations within the Suburban Emergency Response Team proposed an amendment to the 28E agreement with the following changes: Adding the City of Norwalk / Norwalk PD as members, and Changing the five-year “sunset” of the current agreement from June 2020 to an “indefinite agreement”; AND, WHEREAS, the City Attorney has reviewed the proposed 28E Agreement amendment and finds it satisfactory. NOW THEREFORE BE IT RESOLVED by the City of Waukee City Council in session this 16th day of September, 2019 that it hereby approves an amended Agreement for the Suburban Emergency Response Team Pursuant to Iowa Code Chapter 28E. ____________________________ William F. Peard, Mayor Attest: ___________________________________ Rebecca D. Schuett, City Clerk RESULTS OF VOTE: AYE NAY ABSENT ABSTAIN Anna Bergman R. Charles Bottenberg Courtney Clarke Shelly Hughes Larry R. Lyon Prepared by: Greta Truman, Assistant City Attorney, PO Box 65320, West Des Moines, IA 50265-0320 (515) 222-3673 Return to: City Clerk, City of West Des Moines, PO Box 65320, West Des Moines, IA 50265-0320 SPACE ABOVE THIS LINE FOR RECORDER Agreement for the Suburban Emergency Response Team 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, 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. II.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. III.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. IV.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 the combined complement of trained crisis negotiators from member 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. V.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. VI.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. VII.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 Avenue 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. Notice 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, 201 North Nile Kinnick Drive, Box 187, Adel, Iowa 50003. Notice to the City of Norwalk shall be addressed to the Chief of Police, City of Norwalk, 1100 Chatham Avenue, Norwalk, Iowa 50211. 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. Passed and approved this ______ day of ____________________, 2019. CITY OF WEST DES MOINES, IOWA By_____________________________ Steven K. Gaer, Mayor ATTEST: _________________________________ Ryan T. Jacobson, City Clerk Passed and approved this ______ day of ____________________, 2019. CITY OF URBANDALE, IOWA By_____________________________ Bob Andeweg, Mayor ATTEST: _________________________________ Nicole Lunders, City Clerk Passed and approved this ______ day of ____________________, 2019. CITY OF CLIVE, IOWA By_____________________________ Scott Cirksena, Mayor ATTEST: _________________________________ Joyce Cortum, City Clerk Passed and approved this ______ day of ____________________, 2019. CITY OF JOHNSTON, IOWA By_____________________________ Paula Dierenfeld, Mayor ATTEST: _________________________________ Cyndee Rhames, City Clerk Passed and approved this ______ day of ____________________, 2019. CITY OF ALTOONA, IOWA By_____________________________ Dean O’Connor, Mayor ATTEST: _________________________________ Randy Pierce, City Clerk Passed and approved this ______ day of ____________________, 2019. CITY OF ANKENY, IOWA By_____________________________ Gary Lorenz, Mayor ATTEST: _________________________________ Denise Hoy, City Clerk Passed and approved this ______ day of ____________________, 2019. CITY OF WAUKEE, IOWA By_____________________________ William F. Peard, Mayor ATTEST: _________________________________ Rebecca D. Schuett, City Clerk Passed and approved this ______ day of ____________________, 2019. DALLAS COUNTY, IOWA By_____________________________ Chairperson, Board of Supervisors ATTEST: _________________________________ Julia Helm, Dallas County Auditor Passed and approved this ______ day of ____________________, 2019. CITY OF NORWALK, IOWA By_____________________________ Tom Phillips, Mayor ATTEST: _________________________________ Lindsey Offenburger, City Clerk