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Home My WebLink About15.B.1. Mutual Aid Pact-Carver County ) 5. e,. I · CITY OF SHAKOPEE CONSENT Police Department Memorandum TO: Honorable Mayor and City Council Mark McNeill, City Administrator FROM: Dan Hughes, Chief of Police ~ SUBJECT: Mutual Aid Pact - Carver County DATE: December 12,2002 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 Carver County Sheriff s Office 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 original agreement was created by Scott County Attorney's Office and has been reviewed by our City Attorney as to consent and meeting the model guidelines as proposed by the League of Minnesota Cities illsurance 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 approve appropriate city officials to enter into a Law Enforcement Mutual Aid Pact with the Carver County Sheriff s Office and the City of Shakopee. Mutual Aid Pact - Carver County December 12,2002 ACTION REQUESTED: Ifthe Council concurs, they should offer motion authorizing approve appropriate city officials to enter into a Law Enforcement Mutual Aid Pact with the Carver County Sheriff's Office and the City of Shako pee, and move it's adoption. DH:pm Attachments: 1. Law Enforcement Mutual Aid Pact - Carver County Mutual Aid Pact - Carver County December 12, 2002 LAW ENFORCEMENT MUTUAL AID PACT I. 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 meamngs: 1. "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 City of Shakopee and the County of Carver, Minnesota. 4. "Requesting Party" means a party that requests assistance from other party. 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 party. 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. III. General Provisions and Procedure 1. Procedure a. Request for Assistance. Whenever, in the opinion of a 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 of resources. c. RecaIrofAsslshince;YheRespohdingOfficialmayat 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 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 office 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 Requesting Party under the terms of this agreement unless that instance continues for a period of more than 48 hours, the Responding Party 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 Responding 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. 2 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 ofthis 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 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 ofliability under Minn. Stat. Chap. 466. The purpose of creating this duty to defendand 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. 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 of the Minnesota Municipal Tort Liability Act, the employees and officers ofthe Responding Party are deemed to be employees (as defined in Minn. Stat. S 466.01, subd. 6) ofthe Requesting Party. VI. Workers' Compensation 3 Each party shall be responsible for injuries or death of its own personnel. Each party will . -------.---mairitain workers'-compensation-insurance0fself~insuFanceG0verage,coveringits..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. 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 agreements presently in effect between the parties relating to mutual aid. 4 -.-------. .....--..................-.-."'... .--...."....-............-.-.-.".....-...".---........"---.--.........--.--------....-......,,--.-....-.-.-- . ...--. ..."'.-......-.- . 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 COUNTY OF CARVER By: By: Mayor Chair, Board of Commissioners City Clerk Sheriff City Administrator County Administrator Dated: ,2003 Dated: ,2003 Approved as to form: Approved as to form: City Attorney County Attorney 5