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HomeMy WebLinkAboutJoint Powers Agreement With Ramsey County Agencies UINT POWERS AGREEMENT The parties to this Agreement are the Roseville Police Department, New Brighton Police Department, White Bear Lake Police Department, Maplewood Police Department, Mounds View Police Department St. Anthony Police Department, North Saint Paul Police Department, Ramsey County Sheriffs Office, Saint Paul Police Department, and Minnesota State Patrol. Whereas, Minn. Slat, § 471.59 authorizes governmental units to enter into joint powers' agreements and Minn. Slat. § 12.27 authorizes governmental units to enter into mutual 'aid agreements; Whereas, all of the parties to this Agreement are governmental units under Minn. Slat. § 471.59, Whereas, all parties recognize that 'there are circumstances where the assistance of law enforcement agencies of other governmental units is important in effectively and efficiently maintaining the peace and apprehending criminals; Whereas, all parties are desirous of having their respective officers extend their services beyond their respective jurisdictions for the purpose of providing assistance and enforcing the laws in agreed-upon situations; and Whereas, the parties believe that the establishment of a procedure whereby a party to this Agreement may provide to another party, personnel or equipment, in order to address law enforcement issues that one agency may not be able to effectively and efficiently address alone would be of great benefit to the public health, safety, and welfare of their citizens. Now therefore, the parties, pursuant to the authority contained in Minn. Slat. § 471.59, agree to the following: A. Purpose The purpose of this Agreement is to provide law enforcement assistance to the parties to this Agreement in circumstances where such assistance would enable a party to more effectively and efficiently deal with a situation involving public safety than the sole use of its own law enforcement agency. Examples of such situations include, but are not limited to, the following: (1) concentrated alcohol patrols; (2) planned events or gatherings of citizens which are reasonably expected to draw a large crowd and which may therefore require extensive crowd control and law enforcement efforts; and (3) enforcement of traffic laws, *including, but not limited to, speeding, seatbelt requirements, and monitoring of railroad crossings. The intent of this Agreement is to enable the parties to make equipment, personnel, and other resources available to another party of this Agreement for the purposes set forth in this paragraph. B Definitions I Tarty": For purposes of this Agreement, the Roseville Police Department, New Brighton Police Department, White Bear Lake Police Department, Maplewood Police Department, Mounds View Police Department, St. Anthony Police Department, North Saint Paul Police Department, Ramsey County Sheriffs Office, Saint Paul Police Department, and Minnesota, State Patrol are the parties. A party will either be a party "requesting" assistance ("Requesting Party") or a party "responding" to the request for assistance �"Responding Party"). 2. "Requesting Official" means the person (or persons) designated by a party who is responsible for requesting assistance from other parties. 3. "Requesting Party" means a party that requests assistance from other parties. 4. "Responding Official" means. the person (or persons) degignated by a party who is responsible to determine whether and to what extent that party should provide assistance to a Requesting Party. 5. "Responding Party" means a party that provides assistance to a Requesting Party. 6. "Assistance" means law enforcement personnel, equipment, and/or services provided by the Responding Party to the Requesting Party. C. Procedure I. Authorized Representatives. Each party shall designate the appropriate official(s) within its jurisdiction who are empowered to request assistance with a law enforcement project that falls within the purpose of this Agreement (i.e. the "Requesting Official") and to respond to requests for assistance from other Parties (i.e. the "Responding Official") under the terms of this Agreement. The parties shall notify each other of the names, addresses, and telephone numbers of the authorized Requesting Offirial(s) and Responding Official(s). 2. Requesting assistance. Whenever, in the opinion of a Requesting Official, there is a need for assistance from other parties ' to address a law enforcement issue, the Requesting Official may call upon the Responding Official of any other party to furnish assistance. 3. Responding to request. Upon receiving the request for assistance from the Requesting Party, the Responding Official may authorize and direct his/her party's personnel to provide assistance to the Requesting Party. 'fhis decision will be made after considering the needs of the Responding Party and the availability of resources. The determination of whether or not to provide the requested assistance shall be made exclusively by the Responding Official and shall be conclusive. Neither the Responding Party, nor any officer or employee of the Responding Party, shall be liable to any other Party or to any other person for failing to respond or provide assistance to the Requesting Party. Any responding peace officer acting pursuant to this Agreement has the full and complete authority of a peace officer as though appointed by the Requesting Party. 4. Recall of Assistance. The Responding Official may at any time recall such assistance when in his or her best judgment, or by an order from the governing body of the Responding Party, it is considered to. be in the best interests of the Responding Party to do so. Neither the Responding Party, nor any officer or employee of the Responding Party, shall be liable to any other party or to any other person for recalling assistance under this provision. S. Command of Operation. The Requesting Party shall be in command of the Z:� - operation in the sense that the Requesting Party will serve as the resource for other parties if they have questions concerning the operation. The Requesting Party will be the liaison between the parties participating in the operation. D. Authority of Peace Officers. Personnel of a party acting under this Agreement in the jurisdiction of another party are acting in the line of duty and in the course of employment and are authorized to exercise the powers of a peace officer therein. E. Disposition of Property. When an arrest is made pursuant to this Agreement,. the party making the arrest will follow its own policies associated with arrests. The retention and disposition of seized and forfeited property will become the responsibility of the party in the jurisdiction where the arrest is made. The party making the arrest will forward any seized and forfeited property to the jurisdiction where the arrest is made and the party in the arresting jurisdiction will dispose of it in accordance with their policies and any applicable laws. F. Liability. Each party shall be responsible for its own personnel and equipment and for injuries or death to any such personnel or damage to any such equipment. I . Worker's compensation. 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 it officers, employees, or volunteers. 2. 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. 3. Liability to third parties. Each party agrees that it will be responsible for its own acts and/or omissions and those of its officials, employees, representatives, and agents in carrying out the terms of this Agreement and the results thereof, to the extent authorized by law, and shall not be* responsible for the acts and/or omissions of any other party and the results thereof. 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 Statutes Chapter 466 applicable to any one 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. Nothing in this Agreement shall constitute a waiver of the rights, benefits, immunities, and privileges that each party is entitled to under federal law or state law. G. Charges to the Requesting Party No charges will be levied by a Responding Party to this Agreement for assistance rendered to a Requesting Party under the terms of this Agreement unless agreed to by the parties. H. Duration This Agreement will remain effective for all parties unless a party withdraws from this Agreement as provided by this paragraph. Any party may withdraw from this Agreement upon thirty (30) days written notice to the other parties to the Agreement. In the event any party withdraws from the Agreement, this Agreement shall remain in full force and effect between the remaining parties to this Agreement, subject to any modifications made pursuant to paragraph K of this Agreement. 1. Posting of Agreement A copy of this Agreement shall be posted at the headquarters of each party's law enforcement agency. J. Similar Agreements In the event that a4y of the parties to this Agreement have entered into mutual aid agreements with another party or parties to this Agreement or other non-parties, those Agreements remain in effect, and this Agreement shall not limit any of the parties in connection with any obligations a party may have under similar agreements. If any of the parties have previously entered into agreements with one or more of the other parties to this Agreement and those agreements are for the same purpose as this Agreement, this Agreement will supersede the previous agreement. Any party may enter into other mutual aid agreements without consultation with the other parties. K Government Data Practices Nothing in this Agreement can be construed to be contrary to Minnesota Statutes, Chapter 13, Minnesota Government Data Practices Act. All of the data created, collected,.received, stored, used, maintained, or disseminated by the parties in performing functions under this Agreement is subject to the requirements of the Minnesota Government Data Practices Act and all parties must comply with those requirements. If any provision in this Agreement is in conflict with the Minnesota Government Data Practices Act, the Act will control. L. Liability Insurance Each party shall provide its own liability insurance that affords coverage to it while performing responsible functions outside its jurisdiction pursuant to this Agreement. The insurance coverage obtained will be in at least the liability limits set forth in Minnesota Statute Section 466.04. Each party agrees to modify its coverage to reflect statutory increases in liability limits that occur during the term of this Agreement. No party waives its immunities under Minnesota law. M. Modifications All amendments or modifications to this Agreement must be in writing and approved by all parties and included or attached to this Agreement. N. Severability The. provisions of this Agreement shall be severable, and if any provision, or any portion thereof, contained in this Agreement is held unconstitutional, invalid, or unenforceable, the remainder of this Agreement or portion thereof shall remain in full force and effect. Q. Entire Agreement This Agreement and any modifications to this Agreement in accordance with paragraph K constitutes the entire agreement of the parties hereto. Except as stated in this Agreement, no party has relied on any statement, promise, inducement or representation of the other. This Agreement supersedes any and all prior statements and agreements between the parties relating to-the subject matter contained herein. IN WITNESS WHEREOF, the parties have- caused this Agreement to be executed by their respective duly authorized officers pursuant to the authority granted by the attached resolutions adopted by the governing bodies of the parties. Date 11- Roseville Police Department By � Title Date New Brighton Police Department By —4 0 Title Pal- Date White Bear Lake Police.Department BY Title Date ��-.>' �zS Maplewood Police Department By -�- Title Date / r ' Mounds View Police Department By Title 'J A Date St. Anthony Police Department By .v. C3" Title F Date Xn - 20te North Saint Paul Police Departure t By Y Title Date ( Ramsey Coun Sheriffs Office By ' Title . art -mot Date Saint Paul Police Department By Title Date Minnesota Scat Parr 1 By r ' Title rrm: 113077 A,