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HomeMy WebLinkAbout15.B.2. First Amendment to Law Enforcement Mutual Aid Pact /s.I3, J- . CITY OF SHAKOPEE CONSENT Police Department Memorandum TO: Honorable Mayor and City Council Mark McNeill, City Administrator FROM: Dan Hughes, Chief OfPOlice~ SUBJECT: First Amendment to Law Enforcement Mutual Aid Pact DATE: July I, 2003 INTRODUCTION: The Police Department is requesting that Council consider and approve appropriate city officials to enter into the First Amendment to Law Enforcement Mutual Aid Pact with the County and cities within Scott County. BACKGROUND: The original law enforcement mutual aid pact was approved by City Council in 2002. New language is underlined and old language is shown as a strike through. (Attachment #1). The original agreement and the First Amendment was created by the Scott County Attorney's Office and 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). The primary change of the First Amendment to Law Enforcement Mutual Aid Pact is carried under Section III, 2d. The new language meets the Federal Emergency Management Agency (FEMA) guidelines for reimbursement of federal or state funds. 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 approve the First Amendment to Law Enforcement Mutual Aid Pact with the County of Scott and cities within Scott County. ACTION REQUESTED: If the Council concurs, they should offer a motion authorizing the appropriate city officials to approve the First Amendment to Law Enforcement Mutual Aid Pact with the County of Scott and cities within Scott County, and move its adoption. DH:pm Attachments: 1. Law Enforcement Mutual Aid Pact 2. First Amendment to Law Enforcement Mutual Aid Pact DH:pm First Amendment to Law Enforcement Mutual Aid Pact - Scott County & Co. Cities 2 July 1, 2003 LAW ENFORCEMENT MUTUAL AID PACT 1. General Purpose This Agreement is made pursuant to Minn. Stat. 9471.59, 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 political subdivisions within Scott County, Minnesota from other political subdivisions within said County. 11. Definitions For purposes of this Agreement, the terms defined in this section shall have the following meanmgs: I. "Assistance" includes law enforcement personnel and equipment. 2. "Party" means a political subdivision that is a party to this Agreement. 3. "Eligible Party" means a political subdivision that is entitled to become a party to this Agreement, at its own option. The eligible parties are the cities of Belle Plaine, Elko, Jordan, New Prague, Prior Lake, Savage, and Shakopee and the County of Scott, all of the State of Minnesota. 4. "Requesting Party" means a party that requests assistance from other parties. 5. "Responding Party" means a party that provides assistance to a Requesting Party. 6. "Requesting Official" means the person designated by a party who is responsible for requesting assistance from other parties. 7. "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. II1. General Provisions and Procedure I. Procedure a. Request for Assistance. Whenever, in the opinion of a Requesting Official, there is a need for assistance from other parties, 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 Reporting 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 of resources. 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 ofthe 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 ~n any 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 effiee officer to decide whether or not to leave the party's jurisdictional boundaries and respond. c. When a Responding Party provides assistance under the terms of this Agreement, it may in turn request assistance from other parties to this Agreement as "backup" during the time that the Responding Party is providing assistance outside of its jurisdictional boundaries. fr No chargcs will be levicd by a Responding Party to this Agreemcnt fOf assistance rendered to a Requesting Party under the terms of this Agrecment. If assistance provided under this Agreement continucs fOf morc than 48 hours, the Responding Party may initiatc reimbursement discussions with the Requesting Party. d. No charges shall be levied by a Responding Party for assistance rendered to a Requesting Party under the terms of this Agreement unless the assistance continues for a period of more than 48 hours. A Responding party shall submit an itemized invoice to the Requesting Party for the actual cost of any assistance provided after the initial 48 hour period. 2 including. but not limited to. salaries. overtime. materials and supplies. equipment and other neeessary expenses. The Requesting Party shall promptly reimburse a Responding Party for the provided assistance. Such charges shall not be contingent upon the availability of federal or state funds. e. 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. f. It shall be the responsibility of the law enforcement administrator of each of the parties to fully appraise 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. ~ 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 aetions 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 of the limits on liability established in Minnesota Municipal Tort Liability Act, Minn. Chap. 466, applicable to anyone party. The limits ofliability 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 of liability under Minn. Stat. Chap. 466. The purpose of creating this duty to defend and indemnify is to simplify the defense 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 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. ~ 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 they are providing assistance pursuant to this agreement. Each party waives the right to sue any other party for any workers' compensation benefits paid to its own employee or volunteer or their dependants, even if the 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. Data Practices The parties agree to abide by the provisions of the Minnesota Government Data Practices Act, Minn. Stat. Chap. 13, as amended, and Minn. Rules promulgated pursuant to Chap. 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 by its personnel. IX. 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. x. 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. 4 XI. Entire Agreement It is understood and agreed that the entire agreement of the parties is contained in this Law Enforcement Mutual Aid Pact and that it supersedes all oral agreements and negotiations between the parties relating to mutual aid, as well as any previous agree- ments presently in effect between the parties relating to mutual aid. 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 JORDAN By: By: Mayor Mayor City Clerk City Clerk City Administrator Chief of Police Dated: ,2003 Dated: ,2003 Approved as to form: Approved as to form: City Attorney City Attorney 5 CITY OF BELLE PLAINE CITY OF NEW PRAGUE By: By: Mayor Mayor City Clerk City Clerk Chief of Police Chief of Police Dated: ,2003 Dated: , 2003 Approved as to form: Approved as to form: City Attorney City Attorney CITY OF PRIOR LAKE CITY OF SA V AGE By: By: Mayor Mayor City Clerk City Clerk Chief of Police Chief of Police Dated: ,2003 Dated: ,2003 Approved as to form: Approved as to form: City Attorney City Attorney 6 CITY OF ELKO COUNTY OF SCOTT By: By: Mayor Chair, Board of Commissioners City Clerk Sheriff Chief of Police County Administrator Dated: ,2003 Dated: ,2003 Approved as to form: Approved as to form: City Attorney County Attorney 7 FIRST AMENDMENT TO LAW ENFORCEMENT MUTUAL AID PACT This Agreement, dated this _ day of ,2003, is made and entered by and between the County of Scott, and cities located within Scott County, Minnesota. WHEREAS, the County and cities within Scott County have entered into a Law Enforcement Mutual Aid Pact in 2002, pursuant to Minn. Stat. S 471.59, hereinafter referred to as the Agreement, with the intention to make equipment, personnel, and other resources available to political subdivisions within Scott County from other political subdivisions within said County; and WHEREAS, the parties desire to amend the Agreement to enable possible reimbursement of expenses through federal government funds in those situations in which such funds are available; and WHEREAS, section X of the Agreement provides that any amendments shall be valid only when expressed in writing and duly signed by the parties; NOW, THEREFORE, in consideration of the mutual covenants contained herein, and for other good and valuable consideration, the parties do agree as follows: 1. Section III, 2d of the Agreement shall be amended as follows: d. No charges shall be levied by a Responding Party for assistance rendered to a Requesting Party under the terms of this Agreement unless the assistance continues for a period of more than 48 hours. A Responding party shall submit an itemized invoice to the Requesting Party for the actual cost of any assistance provided after the initial 48 hour period, including, but not limited to, salaries, overtime, materials and supplies, equipment and other necessary expenses. The Requesting Party shall promptly reimburse a Responding Party for the provided assistance. Such charges shall not be contingent upon the availability of federal or state funds. 2. Technical corrections are necessary as follows: a. In section III, 1 b, the typographical error referring to assistance from a "Reporting Party" should be corrected to Requesting Party. b. In section III, 2b, the typographical error in the statement of procedure that refers to "individual office" should be corrected to individual officer. 3. That all other provisions of the original Agreement, except as amended herein, shall remain in full force and effect. IN TESTIMONY WHEREOF, the parties have executed this Amendment to the Law Enforcement Mutual Aid Pact as of the date and year last signed below. CITY OF SHAKO PEE CITY OF JORDAN By: By: William P. Mars, Mayor Ron Jabs, Mayor Mark McNeil, City Administrator Tom Nikunen, City Administrator Dan Hughes, Chief of Police Bob Malz, Chief of Police Dated: ,2003 Dated: ,2003 Approved as to form: Approved as to form: James J. Thomsen, Jr., City Attorney Annette Margarite, City Attorney CITY OF BELLE PLAINE CITY OF NEW PRAGUE By: By: Maynard Harms, Mayor Craig Sindelar, Mayor Luayn Murphy, City Administrator Jerome Bohnsack, City Adm. Steve Rost, Chief of Police Dennis Rohloff, Chief of Police Dated: ,2003 Dated: ,2003 Approved as to form: Approved as to form: Steve Bubul, City Attorney , City Attorney CITY OF PRIOR LAKE CITY OF SA V AGE By: By: Jack Haugen, Mayor Tom Brennan, Mayor Frank Boyles, City Manager Barry Stock, City Administrator Bill O'Rourke, Chief of Police Gordon Vlasak, Chief of Police Dated: ,2003 Dated: , 2003 Approved as to form: Approved as to form: Suesan Pace, City Attorney David Keller, City Attorney CITY OF ELKO COUNTY OF SCOTT By: By: Carolyn Miller, Mayor Jon Ulrich, Chair, Scott County Board of Commissioners Patricia Nutt, City Clerk/Treasurer David J. Unmacht, County Adm. Rick Jensen, Chief of Police David Menden, Sheriff Dated: ,2003 Dated: ,2003 Approved as to form: Approved as to form: Andrea Poehler, City Attorney Pat Ciliberto, County Attorney