Loading...
HomeMy WebLinkAbout15.B.1. Mutual Aid Pact-City of Eden Prairie IS. 16. J. CITY OF SHAKOPEE CONSEf~T Police Department Memorandum TO: Honorable Mayor and City Council Mark McNeill, City Administrator FROM: Dan Hughes, Chief of Police ~ SUBJECT: Mutual Aid Pact - City of Eden Prairie DATE: November 4, 2003 INTRODUCTION: The Police Department is requesting that Council consider and approve appropriate city officials to enter into a Law Enforcement Mutual Aid Pact with the City of Eden Prairie and the City of Shakopee. BACKGROUND: This agreement, as proposed, is made pursuant to Minnesota State Statute 471.59, which authorizes the joint and cooperative exercises of powers, common to contracting parties. The intent of this agreement is to make equipment, personnel, and other resources available to neighboring law enforcement agencies. The agreement has been reviewed by our City Attorney as to content and meeting the model guidelines as proposed by the League of Minnesota Cities Insurance Trust (LMCIT). ALTERNATIVES: 1. Do not authorize the agreement. 2. Authorize the agreement. 3. Table and provide direction to staff. RECOMMENDATION: Alternative #2. Staff recommends Council authorize the appropriate city officials to enter into a Law Enforcement Mutual Aid Pact with the City of Eden Prairie and the City of Shakopee. ACTION REQUESTED: If the Council concurs, they should offer a motion authorizing the appropriate city officials to enter into a Law Enforcement Mutual Aid Pact with the City of Eden Prairie and the City of Shakopee. DH:pm Attachments: 1. Law Enforcement Mutual Aid Pact - Eden Prairie Mutual Aid Pact - Eden Prairie November 4, 2003 LAW ENFORCEMENT MUTUAL AID PACT This Law Enforcement Mutual Aid Pact Agreement ("Agreement") is made and entered into this _day of ,2003, by and between the City of Eden Prairie, Minnesota and the City of Shakopee, Minnesota. 1. General Purpose This Agreement is made pursuant to Minn. Stat. S 471.59, which authorizes the joint and cooperative exercise of powers, common to contracting parties. The intent of this Agreement is to make equipment, personnel, and other resources available to neighboring law enforcement agenCies. II. Definitions For purposes of this Agreement, the terms defined in this section shall have the following meanings: L "Assistance" includes both law enforcement personnel and equipment. 2. "Party" means a municipality that is a party to this Agreement. 3. "Requesting Party" means a party that requests assistance from the other party. 4. "Responding Party" means a party that provides assistance to a Requesting Party. 5. "Requesting Official" means the person designated by a party who is responsible for requesting assistance from other party. 6. "Responding Official" means the person designated by a party who is responsible to determine whether and to what extent that party should provide assistance to a Requesting Party. III. General Provisions and Procedure 1. Procedure a. Request for Assistance. Whenever,.in the opinion ofa Requesting Official, there is a need for assistance from the other party, the Requesting Official may call upon the Responding Official of any other party to furnish assistance. b. Response to Request. Upon the request for assistance from a Requesting Party, the Responding Official may authorize and direct his or her party's personnel to provide assistance to the Requesting Party. This decision will be made after considering the needs of the Responding Party and the availability ofresources. c. Recall of Assistance. The Responding Official may at any time recall such assistance when in his or her best judgment, or by order of the governing body of the Responding Party, it is considered to be in the best interest of the Responding Party to do so. d. Command of Scene. The Requesting Party shall be in command of the mutual aid scene. The personnel and equipment of the Responding Party shall be under the direction and control of the Requesting Party until the Responding Official withdraws assistance. 2. General Provisions. a. The decision to request assistance, along with the procedure for making such requests, and the decision to respond or not to respond, shall be made in accordance with the internal rules and procedures of the individual parties. Failure to provide assistance shall not result in liability to any party. b. Notwithstanding the above, the parties agree the following statement of procedure represents an appropriate request circumstance and will be included in the various parties' internal rules and procedures: When there is a request for assistance from a Requesting Party in an emergency situation and an individual officer of a party is the closest available unit, it will be up to the discretion of the individual officer to decide whether or not to leave the party's jurisdictional boundaries and respond. c. No charges will be levied by a Responding Party to this Agreement for assistance rendered to the Requesting Party under the terms of this Agreement unless that instance continues for a period of more than 48 hours. If assistance provided under this Agreement continues for more than 48 hours, the Responding Party 2 will submit to the Requesting Party an itemized bill for the actual cost of any assistance provided after the initial 48 hour period, including salaries, overtime, materials and supplies, equipment and other necessary expenses; and the Requesting Party will reimburse the party providing the assistance for that amount. Such charges are not contingent upon the availability of federal or state government funds. d. The Requesting Party may, at any time, terminate the request for assistance by orally indicating such to the Responding Party and the rights and responsibilities of the Responding Party shall immediately cease. e. It shall be the responsibility of the law enforcement administrator of each of the parties to fully apprise the participating personnel of the procedures, conditions, and limitations under this Agreement, as well as any amendments hereto. IV. Insurance Each party shall maintain public liability coverage protecting itself, its officers, agents, employees and duly authorized volunteers against any usual and customary public liability claims in amounts which shall, at a minimum, comply with Minn. Stat. S 466.04 and Workers' Compensation and shall be in accordance with the Minnesota statutory requirements. Said policies shall be kept in effect during the entire term of this Agreement. V. Indemnification 1. All parties to this Agreement recognize each other as a political subdivision of the State of Minnesota. The Requesting Party agrees to defend and indemnify the Responding Party against any claims brought or actions filed against the Responding Party or any officer, employee, or volunteer of the Responding Party for injury to, death of, or damage to the property of any third person or persons, arising from the performance and provision of assistance in responding to a request for assistance by the requesting party pursuant to this Agreement. Under no circumstances, however, shall a party be required to pay on behalf of itself and other parties, any amounts in excess ofthe limits on liability established in Minnesota Municipal Tort Liability Act, Minnesota Statutes Chapter 466, applicable to anyone party. The limits of liability for some or all of the parties may not be added together to determine the maximum amount of liability for any party. 2. The intent of this subdivision is to impose on each Requesting Party a limited duty to defend and indemnify a Responding Party for claims arising within the Requesting Party's jurisdiction, subject to the limits ofliability under Minnesota Statutes Chapter 466. The purpose of creating this duty to defend and indemnify is to simplify the defense 3 of claims by eliminating conflicts among defendants, and to permit liability claims against multiple defendants from a single occurrence to be defended by a single attorney. 3. No party to this Agreement nor any officer of any party shall be liable to any other party or to any other person for failure of any party to furnish assistance to any other party, or for recalling assistance, both as described in this Agreement. 4. For the purposes ofthe Minnesota Municipal Tort Liability Act, the employees and officers of the Responding Party are deemed to be employees (as defined in Minn. Stat. S 466.01, subd. 6) of the Requesting Party. VI. Workers' Compensation Each party shall be responsible for injuries or death of its own personnel. Each party will maintain workers' compensation insurance or self-insurance coverage, covering its own personnel while providing assistance pursuant to this Agreement. Each party waives the right to bring claims against the parties to recover workers' compensation benefits paid to its own officers, employees, volunteers or their dependants, even ifthe injuries were caused wholly or partially by the negligence of any other party or its officers, employees, or volunteers. VII. Damage to Equipment Each party shall be responsible for damages.to or loss of its own equipment. Each party waives the right to sue any other party for any damages to or loss of its equipment, even if the damages or losses were caused wholly or partially by the negligence of any other party or its officers, employees, or volunteers. VIII. Withdraw and Termination A party may withdraw from this Agreement at any time upon thirty (30) calendar days written notice to the other party. Notice shall be given as described in Paragraph XI of this Agreement. Parties that have withdrawn may rejoin after executing the appropriate resolution and documents. IX. Data Practices The parties agree to abide by the provisions of the Minnesota Government Data Practices Act, Minnesota Statues Chapter 13, as amended, and Minnesota Rules promulgated pursuant to Chapter 13. Each party agrees to hold the other parties harmless from any claims resulting from an unlawful disclosure or use of data, by its respective personnel, protected under state and federal laws. 4 X. Audits The parties agree to comply with Minnesota Statutes Section l6C.05, subdivision 5 regarding audits. XL Notice Notices to be given under this Agreement shall be given by enclosing the same in a sealed envelope, postage prepaid, and depositing the same in the U. S. Postal Service, addressed to the attention of police chief or sheriff at the address of the record. XII. Amendment or Changes The parties agree that no change, amendment, or modification to this Agreement, or any attachments hereto, shall have any force or effect unless the change is reduced to writing, dated, and made part of this Agreement. The execution of the change shall be authorized and signed in the same manner as for this Agreement. XIII. Entire Agreement It is understood and agreed that the entire agreement of the parties is contained in this Agreement and it supersedes all oral agreements and negotiations between the parties relating to mutual aid, as well as any previous agreements presently in effect between the parties relating to mutual aid. XIV. Counterparts This Agreement may be executed in multiple counterparts each of which shall be considered an original. XV. Governing Law This Agreement shall be governed and construed under the laws of the State of Minnesota. 5 IN TESTIMONY WHEREOF, the parties have executed this Law Enforcement Mutual Aid Pact as of the date and year last signed below. CITY OF SHAKOPEE CITY OF EDEN PRAIRIE By: By: Mayor Mayor By: By: City Clerk City Clerk By: By: City Administrator Chief of Police Dated: ,2003 Dated: ,2003 ep\police\law enforcement mutual aid pact-shakopee.alc.ll 0403 6