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HomeMy WebLinkAboutJPA Police and Equipment 1980 /980 JOINT AND COOPERATIVE AGREEMENT FOR USE OF POLICE PERSONNEL AND EQUIPMENT I. GENERAL PURPOSE The general purpose of this Agreement is to provide a means by which a party to this Agreement may obtain police assistance from other parties when the party reque -sting such assistance deems it to be necessary. This Agreement is made pursuant to Minnesota Statutes 471.59. 1I. DEFINITION OF TERMS For the purposes of this Agreement, the terms defined in this section shall have the meanings given them. Subd. 1 "Party" means a governmental unit which is a party to this agreement. Subd. 2 "Eligible party" means a governmental unit which is entitled to become a party to this agreement, at its own option. The eligible parties are the County of Washington and every city, and town within the County of Washington, State of Minnesota. Subd. 3. "Requesting party" means a party which requests police assistance from other parties. Subd. 4 "Responding party" means a party which provides police assistance to a requesting party. Subd. 5 "Police assistance" includes police or sheriff personnel and equipment. Subd. 6 "Requesting official" means the person who has been designated by the requesting party to request police assistance from other parties. • III. PARTIES The parties to this agreement shall consist of as many eligible parties as shall elect, through resolutions adopted by their respective governing bodies, to become parties. Upon the adoption of such resolution by an eligible party an executed copy of this agreement shall be sent by it to the County Sheriff of Washington County, together with a certified copy of the resolution authorizing the agreement. When five or more eligible parties have elected to become parties and have provided such resolutions and executed contracts to the Sheriff of Washington County, this agreement shall become operative, and shall continue in force until, by reason of withdrawals as hereinafter provided, the number of parties to this agreement is reduced to less than five. The Sheriff of Washington County shall maintain a current list of the parties to this agreement, and whenever there is a change in the parties of this agreement, he shall notify the designated responding official of each of the parties of such change. IV. PROCEDURE Subd. 1 Each party shall designate, and keep on file with the County Sheriff of Washington County, the name of the person of that party who shall be its requesting official and responding official. A party may designate the same person as both the requesting official and the responding official. Also, a party may designate alternate officials to act in the absence of the official. Subd. 2 Whenever, in the opinion of a requesting official of a party, there is a need for police assistance from other parties to assist the police officers of the requesting party, such requesting official may, in his discretion, call upon the responding official of any other party to furnish police assistance to and within the boundaries of the requesting party. Subd. 3 Upon the receipt of a request for police assistance from a party, requesting party, and if so, to what extent such police assistance shall be provided shall be determined solely by the responding official (subject to such supervision and direction as may be applicable to him within the governmental structure of the party by which he is employed). Failure to provide assistance will not result in liability to a party. Subd. 4 When a responding party provides police assistance under the terms of this agreement, it may in turn request assistance from other parties as "back -up" during the time that it is providing police assistance outside its boundaries. Subd. 5 Whenver a responding party has provided police assistance to a requesting party, the responding official may at any time recall such police assistance or any part thereof to the responding party, if the responding official in his best judgment deems this necessary. Subd. 6 When a responding party supplies law enforcement officers to a requesting party, such officers shall remain under the direction and control of the responding party; shall be paid by the responding party; shall be protected by the Workmen's Compensation of the responding party; and shall otherwise be deemed to be performing their regular duties for the responding party. However, the responding party shall undertake to coordinate with the requesting party the police assistance which it provides. Subd. 7. A responding party shall be responsible for its own personnel, equipment and supplies and for injuries or death to any such personnel or damage to any such equipment or supplies, except that unused equipment and supplies shall be returned to the responding party by the requesting party when circumstances permit this to be done. Subd. 8. The requesting party shall not be responsible for any injuries, losses or damages to persons or property arising out of the acts of any of the personnel of a responding party nor shall the responding party be responsible for anv injuries, losses or damages arising out of the acts of any of the V. WITHDRAWAL AND TERMINATION This agreement shall continue in effect until the number of parties is less than five. Any party may withdraw at any time upon thirty (30) days written notice to the Sheriff of Washington County; such a party may become a party if later entering into this agreement. The Sheriff of Washington County shall thereupon give notice of such withdrawal, and of the effective date thereof, to all other parties, as hereinbefore provided. IN WITNESS WHEREOF, the undersigned has caused this agreement to be executed and delivered on its behalf. Dated this d 7 day of , 1980. In the presence of: '' By L L 7AA, Its 7,1-4-.) By - (, Its (3 �, Attest: Clerk Seal 4 . . . �`. STATE OF MINNESOTA ) ) SS. COUNTY OF WASHINGTON ) On this day of , 1980, before me, a Notary Public within and for said County, personally appeared and , to me personally known, who, being each by me duly sworn did say that they are respectively the and of the corporation named in the foregoing instrument and that the seal affixed to said instrument is the corporate seal of said corporation, and that said instrument was signed and sealed in behalf of said corporation by authority of its and said and acknowledged said instrument to be the free act and deed of said corporation. Notary Public My Commission Expires Filed in the office of the Sheriff of Washington County, Minnesota, this day of , 1980.