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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