Loading...
HomeMy WebLinkAbout5.C.2. Department of Corrections Mutual Aid Agreement C Z. CITY OF SHAKOPEE POLICE DEPARTMENT Memorandum TO: Mayor and City Council Mark McNeill, City Administrator FROM: Jeff Tate, Captain SUBJECT: Department of Corrections Mutual Aid Agreement DATE: ~ May 13, 2008 INTRODUCTION: The Police Department is seeking authorization to enter into a Mutual Aid Agreement by and between the Minnesota Department of Corrections, Minnesota Correctional Facility- Shakopee and the City of Shakopee. BACKGROUND: The City of Shakopee entered into a Mutual Aid Agreement with the Minnesota Department of Corrections, Minnesota Correctional Facility-Shakopee in December, 2007. Since then the Department of Corrections has returned the signed agreement requesting minor changes to the original based on statutes and Constitution provisions. The City Attorney's Office has been working with the Department of Corrections' legal council to modify the original agreement. The final Mutual Aid Agreement is attached. The changes to the Mutual Aid Agreement are minor, and the indemnification provision is the same language that all other cities, including Scott County, have agreed to with the Department of Corrections. The language changes are included in clause ten and are highlighted in attachment two. In times of disasters, additional officers or equipment may be needed to help in the response and mitigation effort by supporting local law enforcement officers with security at a mass dispensing site, transporting prisoners, or assisting in searches for missing persons. Medical support including supplies and equipment may also be provided as well as other logistical support such as blankets, clothing, food, and similar items when necessary. The police department has participated in joint training exercises with Shakopee correctional facility staff in recent years. The attached Mutual Aid Agreement will further enhance that partnership. BUDGET IMPACT: There is no budget impact unless services are provided for more than 24 hours, in which case the requesting party shall reimburse the responding party for actual costs. VISIONING RELATIONSHIP: This action supports: Goal A -Active and healthy community. Strategy 5: Foster community connections Strategy 6: Provide high quality services RECOMMENDATION: Staff recommends entering into the attached Mutual Aid Agreement with the Minnesota Department of Corrections-Shakopee Facility. ACTION REQUESTED: If Council concurs, they should, by motion, authorize the appropriate city officials to enter into a Mutual Aid Agreement with the Minnesota Department of Corrections- Shakopee Facility. Attachments: (1) Proposed Mutual Aid Agreement (2) Mutual Aid Agreement with changes MUTUAL AID AGREEMENT THIS MUTUAL AID AGREEMENT ("Agreement") is made and entered into this 20~' day of April, 2008, by and between the City of Shakopee, a Minnesota municipal corporation ("City") and the State of Minnesota ("State"). WHEREAS, the City employs full time Iaw enforcement officers for the purpose of maintaining law and order within its jurisdiction and affording police protection to their respective citizens; and WHEREAS, the State employs full time corrections professionals at the Minnesota Correctional Facility -Shakopee; and WHEREAS, Minnesota Statute Section 471.59 authorizes the joint and cooperative exercise of powers common to contracting parties; and WHEREAS, both parties axe desirous of having their respective .law enforcement officers, corrections professionals, equipment and other resources available for the purpose of providing assistance in emergency situations; and NOW THEREFORE, the parties agree as follows: 1. Term of the Agreement. 1.1 Effective date of this Agreement shall be upon obtaining all required. signatures. 1.2 This Agreement shall expire on June 30, 2012 or upon 30-day written notice of termination by either party. 2. Agreement between the Parties. 2.1 If a disaster or emergency occurs within the service area of either party, and the equipment or personnel of that party is inadequate to address the situation in a timely manner, an emergency shall exist for the purposes of this Agreement. 2.2 In the event of an emergency as defined by this Agreement, the authorized representative of the party needing the assistance may call upon the authorized representative of the other party for such assistance. The responding party will make every effort to .provide the equipment and personnel requested, but such response will be at the discretion of the responding party. Any responding peace officer acting pursuant this Agreement has the full and complete authority of a peace officer as though appointed by the requesting authority. 2.3 This Agreement is expressly intended to authorize the request for assistance only in emergency situations as defined in this Agreement and nothing herein shall be construed as authorizing requests for assistance for patrols and other routine activities. 2.4 The State's assistance, other than equipment, will not extend to operations such as crowd control for general public safety projects or for the enforcement of laws associated with scheduled public events. Mutual Aid Agreement 1 2.5 The State's personnel may not use weapons, ammunition, or chemical agents in providing assistance to the City unless specifically approved by the State's authorized representative. The State's personnel's use of force must not go beyond that specified by statute and the Minnesota Department of Corrections policy and directive. 2.6 In the event of an emergency, the State may provide to the City, if resources are available: a. Emergency transportation in State vehicles driven by trained State personnel to transport prisoners who are in custody of the City. The City must provide sufficient personnel to maintain security and control. In this situation, the State is not considered to have assumed custody of the prisoners. b. Logistical support by providing emergency supplies such as blankets, clothing, food and similax items when necessary to protect the safety and health of others. Equipment such as vehicles, machinery and generators may be provided by the State, but must be operated by the State's personnel, or by the City's personnel only until the emergency situation is controlled, and the public safety is no longer endangered. c. Assistance with searches for missing persons. However, the State will not assist in searches for felony offenders who have escaped from the City's custody. d. Medical support including medical equipment and supplies. e. Equipment and trained hostage negotiators. The hostage negotiators' activities will be limited to background consultations, rather than direct negotiations with . prisoners or citizens. The City must obtain approval from the State's authorized representative for the State to provide this service. £ Canine unit assistance in accordance with Minnesota Department of Corrections Division Directive 301.120, "Canine Units." g. Special Operations Response Teams in accordance with Minnesota Department of Corrections Division Directive 300.036, "Emergency Assistance Non-State Systems." 3. Authorized Representatives. For purposes of this Agreement, the State's authorized representative is Rick Hillengass, Warden, or his successor. The City's authorized representative is the Chief of Police/Director of Emergency Management. 4. No Liability for Failure to Respond. No party to this Agreement, not any officer or employee of a party shall be liable to the other parry or any other person for failure to furnish equipment or personnel in response to a call for assistance under this Agreement. Further, the responding party may recall any assistance provided under this Agreement if the responding party, in the best judgment of its authorized representative, Mutual Aid Agreement 2 deems it necessary in order to provide for the best interests of the responding party's community. Such action shall not result in liability to either party. 5. Liability. 5.1 Each party will be responsible for its own acts and behavior and the results thereof. The City's liability is governed by the Municipal Tort Claims Act, Minnesota Statutes Section 466.02 and the State's liability is governed by the Minnesota Tort Claims Act, Minnesota Statutes Section 3.736. 5.2 Each party shall maintain workers' compensation insurance or self-insurance coverage, covering its own personnel while they are providing assistance pursuant to this Agreement. 5.3 Each party shall be responsible for damages to or loss of its own equipment. 6. Reimbursement for Services. Services provided pursuant to this Agreement during the initial twenty-four hours of an emergency shall be provided without charge to the requesting party. The requesting party shall reimburse the responding party for the actual cost of assistance provided after the initial twenty-four hour period. The requesting party shall reimburse the responding party for such actual costs within thirty days of submission of the itemized bill for services. 7. Similar Agreements. Either party may continue any other existing agreements or enter into other agreements, similar in nature to this one without consultation with the other party. This Agreement shall not limit a party in connection with any obligations that it may have under similar agreements. 8. Government Data Practices. Both parties must comply with the Minnesota Government Data Practices Act, Minnesota Statutes Chapter 13, as it applies to all data provided by the State under this Agreement, and as it applies to all data created, collected, received, stored, used, maintained, or disseminated by the City under this Agreement. The civil remedies of Minnesota Statute Section 13.08 apply to the release of the data referred to in this paragraph by either party. If a party receives a request to release the data referred to in this paragraph, it must immediately notify the other party. The other party will give the party who has received ,the data request instructions concerning the release of the data to the requester before the data is released. 9. Governing Law. This Agreement is to be governed by and construed in accordance with the laws of the State of Minnesota. The venue for all legal proceedings arising out of this Agreement, or its breach, shall be in the appropriate state or federal court with competent jurisdiction in Ramsey County, Minnesota. Mutual Aid Agreement 3 10. Entire Agreement. This Agreement constitutes the entire agreement between the parties. There are no other agreements, either oral or written, between the parties. Any modification of this Agreement or additional obligation assumed by either party in connection with this Agreement shall be binding only if evidenced in writing signed by each party's representative with signatory authority to enter into agreements. Mutual Aid Agreement 4 IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the date and year written above. CITY OF SHAKOPEE By: John Schmitt Its: Mayor By: Mark McNeill Its: City Administrator By: Judith S. Cox Its: City Clerk MINNESOTA DEPARTMENT OF CORRECTIONS With delegated authority By: Its: COMMISSIONER OF ADMINISTRATION As delegated to Materials Management Division By: Its: Distribution: DOC Financial Services Unit -Original (fully executed) agreement City of Shakopee State's Authorized Representative Budget Officer of Authorized Representative Department of Administration -Materials Management Division Mutual Aid Agreement 5 MUTUAL AID AGREEMENT THIS MUTUAL AID AGREEMENT ("Agreement") is made and entered into this _day of 200 , by and between the City of Shakopee, a Minnesota municipal corporation ("City") and the State of Minnesota ("State"). WHEREAS, the City employs full time law enforcement officers for the purpose of maintaining law and order within its jurisdiction and affording police protection to their respective citizens; and WHEREAS, the State employs full time corrections professionals at the Minnesota Correctional Facility -Shakopee; and WHEREAS, Minnesota Statute Section 471.59 authorizes the joint and cooperative exercise of powers common to contracting parties; and WHEREAS, both parties are desirous of having their respective law enforcement officers, corrections professionals, equipment and other resources available for the purpose of providing assistance in emergency situations; and NOW THEREFORE, the parties agree as follows: 1. Term of the Agreement. 1.1 Effective date of this Agreement shall be upon obtaining all required signatures. 1.2 This Agreement shall expire on June 30, 2012 or upon 30-day written notice of termination by either party. 2. Agreement between the Parties. 2.1 If a disaster or emergency occurs within the service area of either party, and the equipment or personnel of that parry is inadequate to address the situation in a timely manner, an emergency shall exist for the purposes of this Agreement. 2.2 In the event of an emergency as defined by this Agreement, the authorized representative of the party needing the assistance may call upon the authorized representative of the other party for such assistance. The responding party will make every effort to provide the equipment and personnel requested, but such response will be at the discretion of the responding party. Any responding peace officer acting pursuant this Agreement has the full and complete authority of a peace officer as though appointed by the requesting authority. 2.3 This Agreement is expressly intended to authorize the request for assistance only in emergency situations as defined in this Agreement and nothing herein shall be construed as authorizing requests for assistance for patrols and other routine activities. 2.4 The State's assistance, other than equipment, will not extend to operations such as crowd control for general public safety projects or for the enforcement of laws associated with scheduled public events. 324889v4 SJS SH155-23 1 2.5 The State's personnel may not use weapons, ammunition, or chemical agents in providing assistance to the City unless specifically approved by the State's authorized representative. The State's personnel's use of force must not go beyond that specified by statute and the Minnesota Department of Corrections policy and directive. 2.6 In the event of an emergency, the State may provide to the City, if resources are available: a. Emergency transportation in State vehicles driven by trained State personnel to transport prisoners who are in custody of the City. The City must provide sufficient personnel to maintain security and control. In this situation, the State is not considered to have assumed custody of the prisoners. b. Logistical support by providing emergency supplies such as blankets, clothing, food and similar items when necessary to protect the safety and health of others. Equipment such as vehicles, machinery and generators may be provided by the State, but must be operated by the State's personnel, or by the City's personnel only until the emergency situation is controlled, and the public safety is no longer endangered. c. Assistance with searches for missing persons. However, the State will not assist in searches for felony offenders who have escaped from the City's custody. d. Medical support including medical equipment and supplies. e. Equipment and trained hostage negotiators. The hostage negotiators' activities will be limited to background consultations, rather than direct negotiations with prisoners or citizens. The City must obtain approval from the State's authorized representative for the State to provide this service. f. Canine unit assistance in accordance with Minnesota Department of Corrections Division Directive 301.120; "Canine Units." g. Special Operations Response Teams in accordance with Minnesota Department of Corrections Division Directive 300.036, "Emergency Assistance Non-State Systems." 3. Authorized Representatives. For purposes of this Agreement, the State's authorized representative is Rick Hillengass, Warden, or his successor. The City's authorized representative is the Chief of Police/Director of Emergency Management. 4. No Liability for Failure to Respond. No party to this Agreement, not any officer or employee of a party shall be liable to the other party or any other person for failure to furnish equipment or personnel in response to a call for assistance under this Agreement. Further, the responding party may recall any assistance provided under this Agreement if the responding party, in the best judgment of its authorized representative, 324889v4 SJS SH155-23 2 deems it necessary in order to provide for the best interests of the responding party's community. Such action shall not result in liability to either party. 5. Liability. 5.1 Each party will be responsible for its own acts and behavior and the results thereof. The City's liability is governed by the Municipal Tort Claims Act, Minnesota Statutes Section 466.02 and. the State's liability is governed by the Minnesota Tort Claims Act, Minnesota Statutes Section 3.736. 5.2 Each party shall maintain workers' compensation insurance or self-insurance coverage, covering its own personnel while they are providing assistance pursuant to this Agreement. 5.3 Each party shall be responsible for damages to or loss of its own equipment. 6. Reimbursement for Services. Services provided pursuant to this Agreement during the initial twenty-four hours of an emergency shall be provided without charge to the requesting party.. The requesting party shall reimburse the responding party for the actual cost of assistance provided after the initial twenty-four hour period. The requesting party shall reimburse the responding party for such actual costs within thirty days of submission of the itemized bill for services. 7. Similar Agreements. Either party may continue any other existing agreements or enter into other agreements, similar in nature to this one without consultation with the other party. This Agreement shall not limit a party in connection with any obligations that it may have under similar agreements. 8. Government Data Practices. Both parties must comply with the Minnesota Government Data Practices Act, Minnesota Statutes Chapter 13, as it applies to all data provided by the State under this Agreement, and as it applies to all data created, collected, received, stored, used, maintained, or disseminated by the City under this Agreement. The civil remedies of Minnesota Statute Section 13.08 apply to the release of the data referred to in this paragraph by either party. If a party receives a request to release the data referred to in this paragraph, it must immediately notify the other party. The other party will give the party who has received the data request instructions concerning the release of the data to the requester before the data is released. 9. Governing Law. This Agreement is to be governed by and construed in accordance with the laws of the State of Minnesota. The venue for all legal proceedings arising out of this Agreement, or its breach, shall be in the appropriate state or federal court with competent jurisdiction in Ramsey County, Minnesota. 324889v4 SJS SH155-23 3 10. Entire Agreement. This Agreement constitutes the entire agreement between the parties. There are no other agreements, either oral or written, between the parties. Any modification of this Agreement or additional obligation assumed by either party in connection with this Agreement shall be binding only if evidenced in writing signed by each party ^r ~r ~~•+~^~-~~°'"s representative of-eaEk with si~natorv authority to enter into agreements. 324889v4 SJS SH155-23 q, IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the date and year written above. CITY OF SHAKOPEE By: John Schmitt Its: Mayor By: Mark McNeill Its: City Administrator By: Judith S. Cox Its: City Clerk MINNESOTA DEPARTMENT OF CORRECTIONS With delegated authority By: Its: COMMISSIONER OF ADMINISTRATION As delegated to Materials Management Division By: Its: Distribution: DOC Financial Services Unit -Original (fully executed) agreement City of Shakopee State's Authorized Representative Budget Officer of Authorized Representative Department of Administration -Materials Management Division 324889v4 SJS SH155-23 5