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HomeMy WebLinkAbout2017-01-16-J06 Polk Police Mutual Aid 28E AGENDA ITEM: CITY OF WAUKEE, IOWA CITY COUNCIL MEETING COMMUNICATION MEETING DATE: January 16, 2017 AGENDA ITEM: Consideration of approval of a resolution approving 28E Agreement for Mutual Assistance for Polk County Area Law Enforcement Services FORMAT: Resolution SYNOPSIS INCLUDING PRO & CON: Polk County and surrounding jurisdictions are entering into a chapter 28E agreement, the purpose of which is to provide for the Law Enforcement Services of one entity to the other in such emergency or needed situations requiring additional, special personnel and/or equipment. This agreement is to provide for Mutual Aid in case of an Emerg3ency arising with the jurisdiction of the Parties to this agreement. The agreement shall be in full force upon the approval and signing of the Mayor, City Administrator and Chief of Police for the City of Waukee, by and between the Parties who have obtained approval by respective governing bodies. The agreement shall remain in full force and effect for an indefinite period of time from the effective date until termination. FISCAL IMPACT INCLUDING COST/BENEFIT ANALYSIS: COMMISSION/BOARD/COMMITTEE COMMENT: STAFF REVIEW AND COMMENT: The City Attorney has reviewed the agreement and finds it satisfactory. RECOMMENDATION: Approve the resolution. ATTACHMENTS: I. Proposed Resolution II. 28E Agreement PREPARED BY: John Quinn REVIEWED BY: PUBLIC NOTICE INFORMATION – NAME OF PUBLICATION: DATE OF PUBLICATION: THE CITY OF WAUKEE, IOWA RESOLUTION 17- APPROVING A 28E AGREEMENT FOR MUTUAL ASSISTANCE FOR POLK COUNTY AREA LAW ENFORCEMENT SERVICES 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, certain law enforcement agencies within Polk, Boone, Dallas, Jasper, Madison, Marion, Marshall, Story and Warren Counties desire to provide mutual assistance to one another in time of need; AND, WHEREAS, a 28E agreement is proposed between the participating entities in order to set forth the conditions pertaining to mutual assistance in law enforcement services; AND, WHEREAS, the Waukee City Attorney has reviewed the proposed agreement and finds it satisfactory. NOW THEREFORE BE IT RESOLVED by the City of Waukee City Council that the City of Waukee hereby approves a 28E Agreement for Mutual Assistance for Polk County Area Law Enforcement Services. Passed by the City Council of the City of Waukee, Iowa, and approved the 16th day of January, 2017. ____________________________ William F. Peard, Mayor Attest: ___________________________________ Rebecca D. Schuett, City Clerk ROLL CALL VOTE AYE NAY ABSENT ABSTAIN Anna Bergman Brian Harrison Shelly Hughes Larry R. Lyon VACANT SEAT Page 1 of 5 28E AGREEMENT FOR MUTUAL ASSISTANCE for Polk County Area Law Enforcement Services WHEREAS, the undersigned entities (“Party” or collectively “Parties”) provide Law Enforcement Services in the Polk County area and/or the adjoining counties of Boone County, Dallas County, Jasper County, Madison County, Marion County, Marshall County, Story County and Warren County (“adjoining counties”); and WHEREAS, the Parties have a desire to assist each other in time of need; and WHEREAS, the Parties each maintain adequate Law Enforcement Services equipment and personnel to respond to the normal emergencies occurring within their respective jurisdictions; and WHEREAS, situations may arise in regard to emergencies or circumstances which exhaust available personnel and equipment, or require additional or specialty personnel or additional and/or special equipment that the responsible jurisdiction may not have available at any given time; and WHEREAS, to combat such emergency situations, it is desirable for the Parties to render needed Law Enforcement Services upon a reciprocal basis; and WHEREAS, the governing bodies of each party are desirous of entering into this 28E Agreement (“Agreement”), the purpose of which is to provide for the Law Enforcement Services of one entity to the other in such emergency or needed situations requiring additional, special personnel, and/or equipment. NOW, THEREFORE, BE IT AGREED AS FOLLOWS: I. Incorporation of Recitals The foregoing Recitals are incorporated herein as if fully set forth in this paragraph. II. Definitions A. Mutual Aid. The assistance of Law Enforcement Services personnel and equipment provided by one Party (“Providing Entity”) and requested by the other Party (“Requesting Entity”) to this Agreement. B. Incident Commander. The person who, by virtue of his/her position with the Requesting Entity, is responsible for the overall command and direction of the Emergency response activities. Page 2 of 5 C. Emergency. Any situation where a Party, due to lack of personnel or training, special equipment needs or magnitude of event, and based upon actual circumstances, concludes that assistance is needed to protect life, stabilize the incident, and/or protect property within its jurisdiction. III. Purpose This Agreement is made pursuant to Chapter 28E, Code of Iowa. The purpose of this Agreement is to provide for Mutual Aid in case of an Emergency arising within the jurisdiction of the Parties to this Agreement. IV. Request for Assistance All requests for Mutual Aid in an Emergency shall be made by a Law Enforcement Services director or designee of the Requesting Entity. Such requests shall state the exact nature of the Emergency and shall include the amount and type of equipment and the number and skills of personnel required, and shall specify the location where the personnel and equipment are needed. The final decision of type and amount of equipment and number of personnel to be provided by the Providing Entity to the Requesting Entity shall be at the sole discretion of the Providing Entity. Further, the Providing Entity shall be held harmless by the Requesting Entity from liability in connection with its final decision on type and amount of equipment and number of personnel to be provided to the Requesting Entity. V. Authority over Joint Operations The Incident Commander of the Requesting Entity shall retain overall control of all Emergency response activities. The ranking supervisor of the Providing Entity shall remain in command of his/her personnel and equipment subject, however, to the direction and control of the Incident Commander. All responding agencies should coordinate their responses through the incident commander, with all responding personnel reporting to the Incident Commander for assignments. In addition to other assignments, the Incident Commander will be responsible for assigning responding units radio communications protocols. VI. Liability Employees or volunteers of either Party acting pursuant to this Agreement shall be considered as acting under the lawful orders and instructions pertaining to their employment or volunteer status with such Party. Under no circumstances are employees or volunteers of one Party to be considered employees or volunteers of the other Party. Each Party waives all claims against the other for compensation for any property loss or damage and/or personal injury or death to its personnel as consequence of the performance of this Agreement. Each Party shall bear the liability and/or costs of Page 3 of 5 damage to its equipment and facilities, and the compensation of its employees or volunteers, including injury or death of its personnel, occurring as a consequence of the performance of this Agreement, whether the damages, costs, injury or death occurs at an Emergency in the Party’s own jurisdiction or in the jurisdiction of the other Party. Nothing in this agreement is intended nor does it waive any right to seek federal or other assistance provided for disaster relief. Except as provided herein, each Party shall be responsible for the acts or omissions of its own employees, and shall indemnify, defend and hold harmless the Other Party, its officers, agents and employees from and against any and all suits, actions, debts, damages, costs, charges and expenses, including court costs and attorney’s fees arising from loss of or damage to private property, and/or the death of or injury to private persons, arising from services of response rendered pursuant to this Agreement. Provided, however, the Requesting Entity shall indemnify, defend and hold harmless the Providing Entity where any suits, actions, debts, damages, costs, charges or expenses arise from execution of a specific command or order pursuant to paragraph V of this Agreement. Nothing in this Agreement shall prevent or limit either Party to this Agreement from recovering or attempting to recover costs of services rendered to a third party where such recovery of costs is provided for by law. The Parties to this Agreement do not waive any defenses, immunities or other limitations applicable to a respective party and nothing herein shall be so construed. Each Party to this Agreement reserves the right to fully defend all claims arising from loss of or damage to private property and/or death of or injury to private persons who are not parties to this Agreement including, but not limited to asserting defenses of immunities available under applicable law. This article shall survive the termination of this Agreement where necessary to protect each Party to this Agreement. VII. Compensation Law Enforcement Services. For Law Enforcement Services, no Party shall be required to reimburse any other Party for the cost of providing the services set forth in this Agreement, unless the incident lasts twelve hours or longer. If an incident lasts twelve hours or longer, the Providing Entity may seek compensation from the Requesting Entity for the cost of providing the services set forth in this Agreement. All services are billable if the incident lasts a minimum of twelve consecutive hours. Services include, but are not limited to: a. Personnel (including backfill personnel) b. Equipment (at rates defined by FEMA) c. Supplies (actual cost incurred, including shipping of replacement supplies) Page 4 of 5 Documentation is required in the form of an incident report which clearly lists personnel, equipment and supplies used. Supply usage also requires an actual invoice copy. VIII. Termination This Agreement may be terminated with respect to that Party for any reason by any Party by giving written notice, by certified mail to the Chair Person of the Polk County Law Enforcement Executive Association. This Agreement shall thereafter terminate, with respect to that Party only, sixty (60) days from the date of receipt of termination notice. Upon termination, said terminating Party shall have no further responsibility or obligation or benefits from the other Parties to the Agreement, under this Agreement, except as provided herein. IX. Effective Date This Agreement shall be in full force and effect at 12:01 a.m., January 1, 2017, by and between the Parties who have obtained approval hereof by their respective governing bodies. This Agreement shall remain in full force and effect for an indefinite period of time from the effective date hereof until terminated as provided in paragraph VII. X. Prior Mutual Assistance Agreements This Agreement supersedes all other conflicting mutual assistance agreements XI. Amendments This Agreement represents the entire Agreement of the Parties. Any amendments must be in writing, approved by the governing body of all Parties, and executed by the authorized representatives of all Parties. Any and all amendments must comply with the provisions of Iowa Code section 28E.8. Any and all such requirements shall be done by the then presiding Chair Person of the Polk County Law Enforcement Executives Association or designee XII. Validity In the event any part or paragraph of this Agreement is declared void as being contrary to Iowa law, the remaining portions of this Agreement that are valid shall continue in full force and effect. XIII. No Separate Entity Created -- Administration It is the Intent of the Parties not to create a separate legal entity or administrative agency under this Agreement. The then presiding Chair Person of the Polk County Law Enforcement Executives Association shall serve as Administrator of this undertaking. Page 5 of 5 XIV. No Real or Personal Property No real or personal property will be acquired, held or disposed of during this undertaking as no separate entity has been created. XV. Applicable Law This Agreement shall be governed by and construed in accordance with the laws of the State of Iowa (excluding conflicts of laws rules), and applicable federal law. XVI. Counterparts This Agreement may be executed in any number of counterparts, each of which shall be deemed to be an original, but all such counterparts shall together constitute but one and the same instrument. CITY OF WAUKEE, IOWA    _____________________________________________  _________________  William F. Peard, Mayor      Date    _____________________________________________  _________________  Tim Moerman, City Administrator     Date    _____________________________________________  _________________  John F. Quinn, Chief of Police      Date