RES 2000-1791 - Interlocal agmt with Carter Lake IA to provide law enforcement authoritytAAHA,NF
Omaha Police Department
m 505 South 15th Street.
c,1,.e.•q; Omaha,Nebraska 68102-2769
jt+;1^ 402)444-5600
P . t14;Don Carey
Chief of PoliceO'
D FEBRV 402)444-5666
City of Omaha FAX:444-4225
Hal Daub,Mayor
Honorable President and
Members of the City Council,
Submitted herewith for your consideration is a Resolution authorizing the City of Omaha to enter
into, and the Mayor to execute on behalf of the City of Omaha, an Interlocal Cooperation
Agreement between the City of Omaha and the City of Carter Lake, Iowa.
This Agreement provides that officers at the Omaha Police Department have full law
enforcement authority to operate cruisers and emergency equipment into and through Carter
Lake in limited circumstances. This will help to avoid delays in responses to police emergencies
in and around Carter Lake, Iowa by permitting City of Omaha police officers to travel through
Carter Lake and to respond to problems in Carter Lake, Iowa.
Nebraska statutes provide authority for the City of Omaha to join with other governmental
agencies for this type of joint effort. However, our statutes do not provide that we can
reciprocate by providing full law enforcement authority to officers of another state. However,
Iowa statutes do provide for empowering police officers of Omaha to exercise extraterritorial law
enforcement authority, including arrest, in Carter Lake.
The City of Omaha and the City of Carter Lake, Iowa desire and are agreeable to entering into
this Interlocal Cooperation Agreement establishing this relationship. I believe this agreement is
in the best interest of the City and I respectfully recommend approval of the attached Resolution.
Respectfully submitted, Referred to City Council for Consideration:
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INTERLOCAL COOPERATION AGREEMENT
THIS AGREEMENT is entered into as of this"Aday of 2000,by and
between the City of Carter Lake, Iowa ('Carter Lake') and the City o Omaha, a Municipal
Corporation('Omaha').
WHEREAS, the parties wish to implement to the extent hereafter provided, the provisions
of Iowa Code 804.7B passed by the 1998 General Assembly of the State of Iowa, so as to empower
police officers of Omaha to exercise extraterritorial law enforcement authority, including arrest, as
hereinafter described,with Carter Lake; and,
WHEREAS, the parties wish to formalize this understanding pursuant to the Interlocal
Cooperation Act of the State of Nebraska, Neb.Rev.Stat. § 13-801 et seq., as amended and
Neb.Rev.Stat. § 18-1706, in addition to Iowa Code Chapter 28E; and,
WHEREAS,the City of Omaha and the City of Carter Lake wish to provide Omaha Police
with the authority to operate cruisers with emergency equipment within the Carter Lake city limits;
and,
WHEREAS,the parties have common goals, staffing needs,training needs and other needs
in common in the area of law enforcement, and the joint cooperation contemplated by this
Agreement will allow the parties each to provide improved public safety services at less cost.
NOW, THEREFORE, IT IS AGREED as follows:
1.Authority. The authority for entering into this Agreement is that authority granted
by law, including the general powers of the parties, the Nebraska Political Subdivision Interlocal
Cooperation Act, Chapter 8 of Article 13,Neb.Rev.Stat. § 13-801 et seq. (1943)(Reissue 1991); and
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and
are agreeable to entering into this Interlocal Cooperation Agreement establishing this relationship. I believe this agreement
is in the best interest of the City
and I respectfully recommend approval of the
attached Resolution.Respectfully submitted, Referred to City Council for
Consideration:Ca4,
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Sti Alta'
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Carey
Date
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the authority granted under Neb.Rev.Stat. 18-1706; and the authority granted under Iowa Code
804.7B .
2.Purpose. The purpose of this Agreement is to provide Omaha Police with the
authority to operate cruisers with emergency equipment operating ("expedite status") to locations
inside Carter Lake, Iowa; and through Carter Lake, Iowa if necessary to reach Omaha locations
surrounding Carter Lake,Iowa. This is necessary to avoid delays in responses to police emergencies
in and around Carter Lake, Iowa.
3. Authority Granted. Subject to the limitations hereinafter set forth in this Agreement,
the police officers of Omaha while in Carter Lake shall have authority to operate in expedite status
and while doing so shall have full law enforcement authority, including the authority to arrest and
detain.
4.Officers Remain Employees of Own City. An Omaha Officer, while serving in
Carter Lake, shall at all times be considered and held as serving in the regular line of duty of Omaha
as fully as if the Officer were serving within the limits of the City of Omaha.
5.Disciplinary Procedures. Disciplinary action arising out of an Omaha police officer's
conduct, action, or omissions,whether occurring within Carter Lake shall be handled by the City of
Omaha.
6.Administrative Board. This agreement shall be administered by a board consisting
of the chiefs of police or their designees of Omaha and Carter Lake. Such board shall meet
periodically as needed and shall make decisions by unanimous vote. The board may establish and
implement rules and procedures not inconsistent with the terms of this Agreement for the
implementation hereof, establish and implement Uniform General Orders of Conduct consistent
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ement is in the best
interest of the City and I respectfully
recommend approval of the attached Resolution.Respectfully submitted, Referred
to City
Council for Consideration:Ca4,
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herewith for officers while serving pursuant to the provisions of this Agreement and make such
budget requests and other requests and such reports to their respective governing bodies as are
appropriate.
7.Financing. Annually during the term hereof and as needed,the Administrative Board
shall develop a budget for this cooperative effort and each police department shall include within
its budget its allocable share thereof,which shall be subject to the approval of and appropriation of
necessary funds by the governing bodies of the respective Cities. The budget year for the
cooperative effort shall be the same as that of the cooperating cities.
8.Equipment. In the event the parties purchase specialized equipment which is to be
shared for joint use of the parties,the procedures for acquisition,holding,use, and disposition of the
equipment shall be developed by the Administrative Board and submitted to the respective
governing bodies for approval.
9.Liability Insurance. Each City shall be responsible for any liability for acts and
omissions of its Officers while performing services under this Agreement.
10. No Agency Relationship Created. This Agreement merely creates the framework for
cooperation between Omaha and Carter Lake for the purposes hereof, and there is no agency or
instrumentality and no agency relationship created hereby between the Cities or between any City's
employee and any other City. The cooperative activity hereby established does not constitute an
independent agency or employer. This is a cooperative undertaking between the Cities and Officers
while performing any services under this Agreement shall at all times and for all purposes remain
employees exclusively of the police department of the City for which they work and shall for no
purpose be deemed to be an employee of any other City.
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for Consideration:Ca4,141 goloz bra
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11. Duration of Agreement. This Contract shall commence when signed on behalf of the
parties and shall continue until terminated by either party. Carter Lake or Omaha may cancel their
participation in this agreement at any time with ten(10)days written notification to the other party.
12. General Provisions.
A. Captions. Captions used in this contract are for convenience and are not used in
the construction of this contract.
B. Applicable Law. Parties to this contract shall conform with all existing and
applicable Omaha ordinances, resolutions, state laws, federal laws, and all existing and applicable
rules and regulations. Nebraska law will govern the terms and the performance under this contract.
C. Merger and Modification. This contract shall not be merged into any other oral
or written contract of any type. This is the complete and full agreement of the parties. Further,this
contract contains the entire agreement of the parties. No representations were made or relied upon
by either party other than those that are expressly set forth herein. No agent, employee or other
representative of either party is empowered to alter any of the terms hereof unless done in writing
and signed by an authorized officer of the respective parties.
D. Assignment. Neither City may assign its rights under this contract without the
express prior written consent of the other.
E. Strict Compliance. All provisions of this contract shall be strictly complied with
as written, and no substitution or change shall be made except upon written direction from an
authorized representative.
F. Nondiscrimination. Omaha and Carter Lake shall not, in the performance of this
contract, discriminate or permit discrimination in violation of federal or state laws or local
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t of the City for which they work and
shall
for no purpose be deemed to
be an
employee of any other
City.3
for Consideration:
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ordinances because of race, color, sex, age,political or religious opinions, affiliations, or national
origin.
G. Authorized Representative. The parties expressly agree that for purposes of
notice, including legal service of process, during the term of this contract and for the period of any
applicable statute of limitations thereafter, the following individuals shall be the authorized
representatives of the parties:
A. City of Omaha
Chief, Omaha Police Department
505 South 15th Street
Omaha,NE 68183
B. City of Carter Lake
Chief, Carter Lake Police Department
Carter Lake, Iowa
EXECUTED this I/day of 2000.
CITY OF CARTER LAKE, IOWA TY OF OMAHA,NEBRASKA
Byz.-A,w .. 7--0421 By
Wand dos N 3L- , Mayor Hal Daub, Mayor
City of Carter Lake City of Omaha
ATTEST:' ,
By
Bust r Brown,- maha City Clerk
VED AS TO FO
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Assistant ity Attorney
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INTER-OFFICE COMMUNICATION
POLICE DEPARTMENT
To Serve and Protect"
May 23, 2000
TO: 4, Clerk' Office
FROM: Carey, Chief Police
SUBJECT: COUNCIL RESOLUTION—INTERLOCAL AGREEMENT
Attached is a cover letter and resolution approving an interlocal agreement between the City
of Omaha and the City of Carter Lake. Also attached are four signed originals of the inter-
local agreement. I have included twelve copies of the package for the City Council.
I am requesting that this be placed on the xt available Council agenda for consideration.
Thank you.
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Attachments
c-25A CITY OF OMAHA
LEGISLATIVE CHAMBER
Omaha,Nebr
RESOLVED BY THE CITY COUNCIL OF THE CITY OF OMAHA:
WHEREAS, it is the belief of the uniform law enforcement administrators within
the City of Omaha and the City of Carter Lake, Iowa that entering into an agreement
empowering police officers of the City of Omaha to exercise extraterritorial law enforcement
authority within Carter Lake in emergency situations is in the best interests of both entities and
can best be achieved through a cooperative effort of the two cities; and,
WHEREAS, the provisions of Nebraska Revised Statutes §§13-801 et seq.
provide authority for the City of Omaha to join with other governmental agencies on a basis of
mutual advantage and in a manner that will accomplish the common goals of the agencies by
entering into an interlocal cooperation agreement; and,
WHEREAS, provisions of the Iowa State Code §804.7B and Iowa Code Chapter
28E provide authority for the City of Carter Lake to join with the City of Omaha in an interlocal
cooperation agreement which further provides law enforcement authority for City of Omaha
police officers in Carter Lake; and,
WHEREAS, the City of Carter Lake, Iowa is desirous of and agreeable to join
with the City of Omaha in an interlocal cooperation agreement providing for joint cooperation
and providing improved public safety services at less cost.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF OMAHA:
THAT, the Mayor is authorized to sign, and the City Clerk to attest, the attached
Interlocal Cooperation Agreement between the City of Omaha and the City of Carter Lake, Iowa.
APPROVED AS TO FORM:
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