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
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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.
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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
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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)
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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.
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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