HomeMy WebLinkAbout6.l Mutual Police Assistance Agreement for Enforcement of Traffic Safety LawsAGENDA ITEM: Resolution Authorizing Execution of a
Mutual Police Assistance Agreement for
Enforcement of Traffic Safety Laws
AGENDA SECTION:
C sent
PREPARED BY: Gary Kalstabakken, Chief of Police
O.
AGENDA NN 446 L
ATTACHMENTS: Resolution, Agreement
APPROVED BY:
RECOMMENDED ACTION: Motion to approve a Mutual Police Assistance Agreement for
Enforcement of Traffic Safety Laws with other Dakota County law enforcement agencies.
ACTION:
City Council Meeting Date: May 3, 2005
CITY OF ROSEMOUNT
EXECUTIVE SUMMARY FOR ACTION
BACKGROUND
The Police Department has received several Safe Sober Grants from the Minnesota
Department of Public Safety Office of Traffic Safety in the last several years. The grants
were used to pay overtime to police officers to work enhanced traffic enforcement projects.
Rosemount has partnered with Eagan for the last couple of grant awards to provide a
collaborative approach to traffic enforcement and education.
Law enforcement agencies within Dakota County formed an ad hoc Traffic Safety Committee
to discuss additional means to improve traffic safety The group approached the Office of
Traffic Safety with the concept of doing countywide cooperative enforcement projects and
received positive feedback. A plan has been created which designates certain county and
state roadways to focus saturation enforcement efforts on during the next twelve to eighteen
months. Agencies participating agree to allow officers to work outside their own jurisdiction
during the designated enforcement periods in other jurisdictions to create a more pronounced
presence in the targeted area(s).
A review of existing mutual aid agreements and joint powers agreements by the Dakota
County Attorneys office was done and it was determined that a separate agreement was
necessary to cover this type of cooperative approach to traffic enforcement.
SUMMARY
The Council is asked to approve the Assistance Agreement in order to allow Rosemount
police officers to assist in this traffic enforcement effort Several events are planned for the
summer months In addition, the attached resolution will also allow a cooperative grant
application to be submitted to provide funding for this project in the next Office of Traffic
Safety grant period, which is expected to be October 1, 2005 to September 30, 2006.
City of Rosemount
o Dakota County, Minnesota
RESOLUTION 2005-
A RESOLUTION AUTHORIZING THE ROSEMOUNT POLICE DEPARTMENT
TO ENTER INTO A GRANT AGREEMENT
WITH THE DAKOTA COUNTY TRAFFIC SAFETY GROUP
WHEREAS, the City of Rosemount desires to participate in the Dakota County Traffic Safety
Committee.
WHEREAS, the State of Minnesota requires a resolution of the City Council to participate.
WHEREAS, the City has entered into previous grants to provide increased traffic enforcement
and educational activities.
WHEREAS, the City has partnered with the Eagan Police Department to increase traffic safety
in the community as part of prior grants.
WHEREAS, the City will partner with the 12 other government entities in Dakota County to
increase traffic safety for this grant opportunity.
WHEREAS, the City Council of the City of Rosemount have duly considered this matter and
believe that it is in the best interests of the City to enter into a grant agreement with the Office of
Traffic Safety to provide enhanced traffic enforcement.
NOW THEREFORE, BE IT FURTHER RESOVLED that the mayor and city administrator
be and hereby are authorized to execute such agreement and any amendments, and thereby
assume for and on behalf of the City all of the contractual obligations contained therein
Adopted by the City Council of the City of Rosemount this 3rd` day of May, 2005.
ATTEST:
Linda Jentink, City Clerk
CITY COUNCIL
CITY OF ROSEMOUNT
William Droste, Mayor
CERTIFICATION
RESOLUTION 2005
I hereby certify that the foregoing is a true and correct copy of a resolution presented to and
adopted by the City Council of Rosemount at a duly authorized meeting thereof, held on the 3rd
day of February, 2004 as disclosed by the records of said City in my possession.
(SEAL)
Linda J. Jentink, Rosemount City Clerk
Motion by: Second by:
Voted in favor:
Voted against:
Member absent:
Hf'my documents \WPDATA1reso Traffic Safety Grant Resolution May 2005 doc
MUTUAL POLICE ASSISTANCE AGREEMENT
FOR ENFORCEMENT OF TRAFFIC SAFETY LAWS
1. Purpose. The purpose of this agreement is to provide for the joint exercise of the parties' law
enforcement powers pursuant to Minn. Stat. 471.59, so that the parties may furnish assistance
to and coordinate with each other in the enforcement of traffic laws within or adjacent to the
boundaries of Dakota County in the conduct of Traffic Safety Projects. It is not the purpose of
this agreement to provide for or address in any way requests by one party of another party for
any other law enforcement services, including ordinary patrol services.
2. Parties. The parties to this Agreement shall consist of the following units of government that
have signed this agreement
City of Apple Valley
City of Burnsville
City of Eagan
City of Farmington
City of Hastings
Mutual Police Assistance Agreement
City of Inver Grove Heights
City of Lakeville
City of Mendota Heights
City of Northfield
City of Rosemount
Page 1 of 16
City of South St. Paul
City of West St. Paul
County of Dakota
3. Grant Funds. The City of Apple Valley, acting on behalf of the parties, shall apply for funding
from the State of Minnesota to support coordinated local enforcement of traffic safety laws. To
the extent that such grant funds are obtained and may be expended for peace officer overtime
compensation, the parties shall be entitled on a pro rata basis to reimbursement of overtime
compensation paid to the parties' peace officers who have participated in Traffic Safety
Projects pursuant to this Agreement. The City of Apple Valley shall account for all funds
received pursuant to this Agreement according to generally accepted accounting principles and
reports on receipts and disbursements shall be forwarded to the parties on a regular basis.
4. Traffic Safety Projects. The parties will carry out the purpose of this agreement by jointly
participating in Traffic Safety Projects to which the parties will assign peace officers. Traffic
Safety Projects means targeted geographic areas during specified periods of time on specific
dates in which and during which the parties will assign peace officers to work together to
enforce traffic safety laws. Assignment of peace officers to work on Traffic Safety Projects
will remain in the sole discretion of the chief law enforcement officer of each party. The
decision of a party to decline participation in any Traffic Safety Project is without liability to
any party.
5. Recommendation of Traffic Safety Projects. Peace officers from the parties will meet on an ad
hoc basis as the Dakota County Traffic Safety Group to identify and recommend Traffic Safety
Projects to the chiefs of police and Dakota County Sheriff. The Dakota County Traffic Safety
Group shall identify Traffic Safety projects utilizing data which identifies areas where Traffic
Safety Projects likely would have a substantial effect upon public safety within Dakota County.
The decision to assign peace officers to work on any particular Traffic Safety Project remains
within the discretion of the chief of police of each city that is a party to this agreement and of
the Dakota County Sheriff.
6. Exercise of Police Power. A peace officer who has been assigned by his chief law enforcement
officer to participate in a Traffic Safety Project located outside of the officer's jurisdiction has
the full and complete authority of a peace officer as though appointed by the agency or
agencies within whose jurisdiction the Traffic Safety Project is located.
7. Compensation. A peace officer who has been assigned by his appointing agency to participate
in a Traffic Safety Project pursuant to this Agreement shall be compensated by his appointing
agency just as if the officer were performing duties within and for jurisdiction of the officer's
appointing agency.
8. Workers' Compensation. Each party to this agreement shall be responsible for injuries to or the
death of its own personnel Each party shall maintain workers' compensation coverage or self
insurance coverage covering its own personnel while they are participating in any Traffic
Safety Project pursuant to this Agreement. Each party waives the nght to sue any other party
for any workers' compensation benefits paid to its own employee or volunteer or their
dependents, even if the injuries were caused wholly or partially by the negligence of any other
party or its officers, employee or volunteers.
9. Liability. Each party shall fully indemnify and hold harmless the other parties against all
claims, losses, damages, liability, suits, judgments, costs and expenses incurred by reason of
the action or inaction of its employees assigned to participate in any Traffic Safety Project
pursuant to this Agreement. This agreement to indemnify and hold harmless does not
constitute a waiver by any party of the limitations on liability provided by Minn. Stat. Ch. 466.
10. Direction and Control. Peace officers assigned by their appointing agency to participate in Traffic
Safety Projects pursuant to this Agreement shall remain under the direction and control of their
chief law enforcement officer.
11. Recall of Peace Officers. The appointing agency of a party may at any time and in the agency's
sole judgment and without liability to any party recall a peace officer assigned to participate in a
Traffic Safety Project pursuant to this Agreement.
12. Damage to Equipment. Each party shall be responsible for damage to or loss of its own
equipment that occurs in connection with the joint exercise of the parties' powers pursuant to this
Agreement. 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.
13. Compensation for Equipment and Supplies. When a party assigns peace officers to work on
Traffic Safety Projects pursuant to this Agreement, that party shall provide all fuel and other
materials and services for its peace officers who have been so assigned.
14. Effective Date. This Agreement shall be effective when all eleven parties have signed the
Agreement. All parties need not sign the same copy of the Agreement. Signed Agreements shall
be filed with the City of Apple Valley, who shall notify all parties of the effective date.
15. Withdrawal. Any party may withdraw from this Agreement upon thirty (30) days' written notice
to the City of Apple Valley. The City of Apple Valley will notify the other parties to this
Agreement. Withdrawal shall not act to discharge any liability incurred by any party prior to
withdrawal.
Mutual Police Assistance Agreement
Page 2of16
16. Notice. Notices required by Paragraph 15 of this Agreement or other correspondence related to
this Agreement shall be provided by first class mail to the following:
Apple Valley Chief of Police
7100 147 Street West
Apple Valley, MN 55124
Burnsville Chief of Police
100 Civic Center Parkway
Burnsville, MN 55337 -3817
Eagan Chief of Police
3830 Pilot Knob Road
Eagan, MN 55122
Farmington Chief of Police
325 Oak Street
Farmington, MN 55024
Hastinps Chief of Police
150 3` Street East
Hastings, MN 55033
Inver Grove Heights Director of Public
Safety
8150 Barbara Avenue
Inver Grove Heights, MN 55077
Lakeville Chief of Police
20110 Holyoke Avenue South
Lakeville, MN 55044
Mendota Heights Chief of Police
1101 Victoria Curve
Mendota Heights, MN 55118
Northfield Chief of Police
300 West 5th Street
Northfield, MN 55057
Rosemount Chief of Police
2875 145th Street West
Rosemount, MN 55068
South St Paul Chief of Police
125 3 Avenue North
South St. Paul, MN 55075
West St. Paul Chief of Police
1616 Humboldt Avenue
West St Paul, MN 55118
Dakota County Sheriff
Law Enforcement Center
1580 Highway 55
Hastings, MN 55033
17. Termination. This Agreement shall terminate upon the occurrence of any one of the following
events: (a) when necessitated by operation of law or as a result of a decision by a court of
competent jurisdiction or (b) when a majority of remaining parties agrees to terminate the
Agreement upon a date certain or (c) December 31, 2008.
18. Effect of Termination. Termination shall not discharge any liability incurred by the parties
during the term of this Agreement. Upon termination and after payment of all outstanding
obligations, property or surplus money held by the parties shall then be distributed to the parties
in proportion to their contributions.
19. Amendments. This Agreement may be amended only in writing and upon the consent of each
of the parties' governing body.
20. Records Accounts and Reports. The books and records of the parties shall be subject to the
provisions of Minn Stat. Ch. 13.
Mutual Police Assistance Agreement
Page 3 of 16
21. Counterparts. This Agreement may be executed in two or more counterparts, each of which
shall be deemed an original, but all of which shall constitute one and the same instrument.
Counterparts shall be filed with the City of Apple Valley.
IN WITNESS WHEREOF, the parties have executed this Agreement on the dates indicated below.
Approved as to form: COUNTY OF DAKOTA
Assistant County Attorney /Date
Mutual Police Assistance Agreement
Donald Gudmundson
Dakota County Sheriff
Date of Signature
Page 4 of 16
Mutual Police Assistance Agreement
Page 14 of 16
CITY OF ROSEMOUNT
Name
Title
Date of' Signature
Name
Title
Date of Signature