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08-1314Council File # Green Sheet # RESOLUTION CITY OF SAIlVT PA�TL, MINNESOTA Presented By: 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 08 -l� 3�61815 16 RESOLVED, that the City of Saint Paul, Police Department, is authorized to enter into the attached govemmenta� Joint Powers Agreement to provide law enforcement assistance to other law enforcement agencies of ottxer govemmental units to effectively and efficiently maintain the peace and apprehension of ci'iininals. 29 30 Yeas CaKer Harris Thune Adopted by Council: Date_ � Adoption Certi ed by ouncil Secretary: BY� �%nii ��iv�ds� Approved b � y r. Date: ��� I�� /v \ B , v Requested by Department of: Approve M or for Subm'ssion to Council: By ', �- Q:\FiscalAffairsWO&CR\CRSTAND.xIs Approval Recommended by Financial Services: 8,,: ���`� ���'-��� � � Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet � 08-13��J '� � Datelnitiated: � i Pp _ Po��� oe , Z��T-0$ ! Green Sheet NO: 3061815 , Contact Person S Phone: � � , Chief John Harrinqton �� � 286-5588 i � Assign � Musf Be on Council Agenda by (Date): � Number �� I For - i Routing , p� TY RESOLUfION ! Order I �� E-DocumentRequired: Y J � ' DocumentCOnWct: EvetteScarver i i � ConWd Phone: 2665541 � . _ ( Totat # of Signature Pages 1 (C{ip AI1 Lxations for Signatu�e) 0 i 2 3 A 5 6 ✓ Signatures on the attached council resolution auffiorizing the City of Saint Paul, Police Department to enter into the attached Joim Powers Agreement with other law enforcement agencies (see agreement). Recommendations: Approve (A) or Reject (R): Planning Commission CIB Committee Civil Service Commission Perso�al Service CnntCacts Must Mswer the Following Questions: 1. Has this person/firm ever worked under a corrtract for this department? Yes No 2. Has this persoNfirtn ever been a city employee? Yes No 3. Dces this person/firm possess a skill not normally possessed by any curcent city employee? Yes No Explain all yes answers on separete sheet and attach to green sheet. Initiating Problem, lssues, Opportunity (Who, What, When, Where, Why): The Saint Paul Police Department will participate with other law enforcemem govemmental agencies to effectively and efficiently maintain the peace and apprehend criminals. Authorizarion is needed to enter Snto the attached Joint Powers Agreement. , AdvanWgeslfApproved: Opportunity to parhier with other ]aw enforcement agencies to address law enforcement issues that one agency may not be able to effecfively and e�ciently address alone. DisadvanWges If Approved: None. Disadvantages N Not Approved: Lost opportuni.ty to parhter with other law enfotcement agencies to address law enforcement issues that one agency may not be able to do alone. TotalAmountof see agreement Trensaction: Funding Source: Financial Information: (Explain) CostlRevenue Budgeted: Activity Number: October 29, 2008 1:41 PM Page 1 o� -I3/� 30INT 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, I�iorth Saint Paul Police Deparhnent, Ramsey County Sheriffs Office, Saint Paui Police Deparhnent, and Minnesota State Patrol. Whereas, Minn. Stat. § 471.59 authorizes governmental units to enter into joint powers agreements and Minn. Stat. § 12.27 authorizes governmental units to enter into mutual aid agreements; Whereas, all of the parties to this Agreement are governmental units under Minn. Stat. § 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. Stat. § 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) pianned 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 raiiroad crossings. The intent of this Agreement is to enable the 68-I�/� parties to make equipment, personnel, and other resources available to another party of this Agreement for the purposes set fortb in this paragraph. B. Definitions "Part�': 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. Antt�ony Police Depariment, North Saint Paul Police Department, Ramsey County Sheriffs Office, Saint Paul Police Deparlment, and Minnesota State Patrol are tl�e parties. A party will either be a party "requesting" assistance ("Requesting Party") or a party "responding" to the request for assistance ("Responding Part}�'). 2. "Requesting Official" means the person (or persons) designated by a party who is responsible far 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) designated 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 enfarcement personnel, equipment, and/or services provided by the Responding Party to the Requesting Party. C. Procedure 1. 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 Official(s) and Responding Official(s). 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 fwnish assistance. ��i��� 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. This 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 governino 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 far recalling assistance under this provasion. 5. Command of Operation. The Requesting Party shail be in conunand of the operation in the sense that the Requesting Pariy will serve as the resource for other parties if they have questions concerning the operation. The Requesting Party wi11 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 farfeited property to the jurisdiction where the anest is made and the party in the arresting jurisdiction will dispose of it in accordance with their policies and any applicable laws. D$�I�/� 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. 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 pariy 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 partiaily by the negligence of any other party or its offacers, employees, or valunteers. Liability to third parties. Each party agrees that it will be responsible for its own acts and/or omSssions 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 andlor 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 tp 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 sha11 constitute a waiver of the rights, benefits, immuniues, and privileges that each party is entitled to under federai 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 D8 (�l� 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. I. Posting of Agreement A copy of this Agreement shali be posted at the headquarters of each party's law enforcement agency. J. Similar Agreements In the event that any 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 previousiy 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 mutuai 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, coliected, 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 confllct with the Minnesota Government Data Practices Act, the Act wiil 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. ��r�i� M. Modifications All amendments or modificarions to t3us 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 farce and effect. O. Entire Agreement This Agreement and any modifications to this Agreement in accordance with paragraph K constitutes the enrire 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 goveraing bodies of the parties. Date Roseville Police Department By Title New Biighton Police D art�l�ent i By Z- +� I Tifle I White Bear Lake Po1ic De artm� By Title Maplewood Police Department By Title � Mounds View Police Department By Title St. Anthony Police Aeparhn t By Title o��f�l� Date �� / � Date /� / ; / i Date 1 � L� �/ � � � l ; Date _ � Date North Saint Paul Police Department : _� Title Ramsey County Sheriffs Office By Title Saint P By 'j'ltle Chief of Police ' i Minnesota State Patrol By �� Title / �-` City of Saint Paul Approved as to Form: I: Title : Title �: i � r�-i�i� JOINT POWERS AGREEMENT The parties to this Agreement are the Roseville Police Department, New Brighton Police Depamnent, 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. Stat. § 471.59 authorizes governmental units to enter into joint powers agreements and Minn. Stat. § 12.27 authorizes governmental units to enter into mutual aid agreements; Wbereas, all of the parties to this Agreement are governmental units under Minn. Stat. § 471.59; Whereas, all parties recognize that there are circumstances where the assistance of law enforcement agencies of other govemmental units is important in effectively and efficienUy 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 purQose 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 weifare of their citizens. Now therefore, the parties, pursuant to the authority contained in Minn. Stat. § 471.59, agree to the foliowing: 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 efficienfly 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 lunited to, speeding, seatbelt requirements, and monitoring of railroad crossings. The intent of Y1us Agreement is to enable the b{��13/� parties to make equipment, personnei, and other resources available to another party of this Agreement far the purposes set forth in this paragraph. B. Definitions "Part}�': For purposes of this Agreement, the Roseville Police Department, New Brighton Police Depamnent, Wtute 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 parkies. A party will either be a party "requesting" assistance ("Requesting Party") or a party "responding" to the request for assistance ("Responding Part�'). 2. "Requesting Official" means the person (or persons) designated by a pariy who is responsible for requesting assistance from other parties. "Requesting Party" means a party that requests assistance from other parties. 4. "Responding Official" means the person (or persons) designated by a party who is responsible to detennine 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, andlor services provided by the Responding Party to the Requesting Party. C. Procedure 1. 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 falis withisi 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 norify each other of the names, addresses, and telephone numbers of the authorized Requesting Official(s) and Responding Official(s}. 2. Requesfing 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 parry's personnel to provide assistance to the Requesting Pariy. This decision will be made after considering the needs of the Responding Party and the availability of resources. The deternunation 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 liabie 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 appainted by the Requesting Party. 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 tl�e best interests of the Responding Party to do so. Neither the Responding Party, nor any officer or employee of the Responding Party, shall be liabie to any other party or to any other person far recalling assistance under this provision. 5. Command of Operation. The Requesting Party shall be in command of the operation in the sense that the Requesting Pariy will serve as the resource for other parties if they have questions concerning the operation. The Requesfing Party wili 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 disposirion of seized and forfeited property wili 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 accordanee with their policies and any applicable laws. �-«r� F. Liability. Each pariy shali be responsible for its own personnel and equipment and for injuries or death to any such personnel or damage to any such equipment. 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 pariy for any workers' compensation benefits paid to its own empioyee or volunteer or their dependants, even if the injuries were caused wholly or partially by the negligence of any other party or it o£ficers, employees, or volunteers. 2. Damage to equipment. Each party sha11 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/ar 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 liabiliry 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 Pariy 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 wiil remain effective far all parties unless a party withdraws from this Agreement as provided by this paragraph. Any party may withdraw from this Agreement b����i� upon thiity (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. I. Posting of Agreement A copy of this Agreement shail be posted at the headquarters of each party's law enforcement agency. J. Similar Agreements In the event that any 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 Agreemettt 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 Bach party shall provide its own liability insurance that affords coverage to it while performing responsible functions outside its jurisdiction pursuant to this Agreement. The inswance 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. �g,r3�y 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, ar unenforceable, the remainder of this Agreement or portion thereof shall remain in full force and effect. O. 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. b�-�3l� 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 Roseville Police Department By Tifle New By Title Whit By Title Map: By Title Mou By Title St. A By Title a�- i3�� Date Date Date Date North Saint Paul Police Department By Tifle Ramsey County Sheriffs Office By Title Saint Paul Police By Title Minne; � � By Title City of Saint Paul Approved as to Form: I: Tltle City Attorney / / B Title m,,: i �