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HomeMy WebLinkAbout6.i. Joint Powers Agreement for Public Safety Related to 2008 Republican National Convention 4 ROSEt v1OLINTEXECUTIVE SUMMARY CITY COUNCIL City Council Meeting: July 1, 2008 AGENDA ITEM: Joint Powers Agreement for Public AGENDA SECTION: Safety Related to 2008 Republican Consent National Convention t1 PREPARED BY: Gary Kalstabakken, Chief of Police `AGENDA NO. 10.i. ATTACHMENTS: JPA and Attachments, Memo from, APPROVED BY: LMCIT, e-mail from LMCIT RECOMMENDED ACTION: Motion to approve a Joint Powers Agreement with the City of Saint Paul to provide public safety services during the Republican National Convention and authorizing the mayor and city administrator to sign and execute the agreement. ISSUE The Republican National Convention (RNC) will be held in the City of Saint Paul from September 1 4, 2008. Safety and security for the RNC will be provided and coordinated by the Saint Paul Police Department as the lead agency. The number of police officers needed for the event exceeds those available in Saint Paul and through its normal mutual aid partners. BACKGROUND Because of the need for additional police officers to support the security needs of the RNC, St. Paul has prepared a Joint Powers Agreement specifically for the event. The JPA covers liability, compensation and operational issues. A liability insurance policy has been taken out for law enforcement services provided by agencies signing the JPA. The limit of $10,000,000 is based upon the experience of the agencies that have previously hosted national conventions and similar events. While the role of assisting agencies has not been finalized yet, Saint Paul has indicated that they will attempt to keep all officers from an assisting agency working together at one site. This will take advantage of the familiarity of the officers with each other and work well within the Unified Command structure. Rosemount has a number of officers interested in assisting. Assignment to the event will occur on the officers' off days and will not impact the day -to -day operations of the department. If the Council approves the JPA and authorizes the police department to assist, four (4) officers will be offered to assist Saint Paul for each day of the RNC. In addition to these officers, as a member of the Dakota County Mutual Aid Assistance Group (tactical team), one Rosemount officer will be working as part of MAAG for the duration of the RNC. The JPA does explain the anticipated reimbursement for agencies assisting. Saint Paul intends to fully reimburse cities for the wages of officers assisting, including the costs of Medicare and retirement. This JPA has been reviewed by the City's legal counsel. Attorneys and staff at the League of Minnesota Cities Insurance Trust LMCIT) have also reviewed the JPA. As in any JPA and the provision of law enforcement services, there are liability and risk concerns. However, the JPA does adequately address the issues and is very similar in the treatment of liability and risks to other JPAs which the City has signed. RECOMMENDATION Staff recommends that Council approve the JPA and authorize the police department to assist Saint Paul with the security services at the RNC. 2 JOINT POWERS AGREEMENT REGARDING PUBLIC SAFETY RELATED TO 2008 REPUBLICAN NATIONAL CONVENTION THIS JOINT POWERS AGREEMENT REGARDING PUBLIC SAFETY RELATED TO 2008 REPUBLICAN NATIONAL CONVENTION (hereinafter referred to as the "Agreement is made effective, except as otherwise made operationally effective as set forth in Section 4 herein, on this day of 2008, by and between the CITY OF SAINT PAUL, MINNESOTA, a municipal corporation, (hereinafter referred to as the "City acting through its Police Department (hereinafter referred to as the "SPPD and the CITY OF ROSEMOUNT, MINNESOTA, a municipal corporation acting through its Police Department (hereinafter referred to as the "Provider WHEREAS, the City is a host city for the 2008 National Republican Convention to be held between September 1, 2008 and September 4, 2008 (hereinafter referred to as the "2008 RNC and WHEREAS, the City has entered into a "City Service Agreement For The 2008 Republican National Convention" with the Minneapolis Saint Paul 2008 Host Committee, Inc., a Minnesota non profit corporation (hereinafter referred to as the "Host Committee whereby the City has agreed to undertake certain public safety and security measures related to the 2008 RNC within the boundaries of the City of Saint Paul, Minnesota, and all other special event venues related to the 2008 RNC, and to act as the lead local law enforcement agency to help facilitate the provision of such measures in other locations throughout the greater Saint Paul Minneapolis metropolitan area to which the RRT (as defined herein) may be deployed, or such other locations that may be subject to a Unified Command (as defined herein) (hereinafter such above described locations shall be collectively referred to as the "Security Event WHEREAS, the City is in need of procuring additional law enforcement personnel to provide the public safety and security measures required of an event the size and unique nature of the 2008 RNC; and WHEREAS, the Rosemount Police Department provides law enforcement services to the Provider pursuant to the police powers and law enforcement authority granted under the laws of the State of Minnesota; and WHEREAS, at the request of the City, the Provider is willing to provide the services of the law enforcement personnel identified in this Agreement to the City to assist the SPPD with the Security Event; and WHEREAS, the Provider may also avail itself of a rapid response team (herein referred to as the "RRT comprised of licensed peace officers employed by the SPPD and certain other law enforcement organizations, that will be established for the sole and exclusive purpose of providing public safety related aid and assistance to law enforcement organizations throughout 1 the greater Saint Paul Minneapolis metropolitan area that have entered into an agreement with the City, similar to this Agreement, provided that such aid and assistance is actually and directly related to the 2008 RNC, and only if such aid and assistance is warranted by extraordinary circumstances, all as more fully set forth in Section 3.6 herein. NOW THEREFORE, pursuant to the authority contained in Minnesota Statutes Section 471.59, commonly known as the Joint Powers Act, and/or Minnesota Statutes, Sections 626.76 and 626.77, and in consideration of the mutual covenants herein contained and the benefits that each party hereto shall derive hereby, the Parties agree as follows: 1 PURPOSE OF THE AGREEMENT; BASIC CRITERIA OF LPOs AND NON LPOS 1.1 The purpose of this Agreement is to set forth the terms and conditions whereby the Provider will provide the City with the professional services of those certain licensed peace officers identified on Attachment A attached hereto (such licensed peace officers identified on Attachment A shall be collectively referred to herein as the "LPOs to assist the SPPD with the Security Event, and to set forth the terms and conditions in which the Provider, subject to Section 3.6 herein, can avail itself of the aid and assistance of the RRT. 1.1.1 Subject to the prior written approval of the SPPD, the Provider may also provide the City with persons who are employed and actively utilized by the Provider in a public safety capacity who do not meet the criteria of an LPO as set forth in this Agreement but whose special public safety training and experience may enable such persons to provide further assistance to the SPPD with regard to the Security Event (hereinafter such persons are identified on Attachment B attached hereto, and shall be collectively referred to herein as the "Non- LPOs (an example of a Non -LPOs might include parking enforcement and/or traffic control officers, detention staff, special deputies, and 911 /emergency center dispatchers). If the SPPD, in its sole discretion, desires to use any Non -LPOs, the SPPD will so notify the Provider in writing of the conditions by which the Non -LPOs will be used, and such writing will be incorporated as an addendum to this Agreement. 1.1.2 Provider will exercise its best efforts to assist with the Security Event. The parties acknowledge and agree that resource availability requires Provider to exercise its best judgment in prioritizing and responding to the public safety needs of its jurisdiction including, but not limited to, the Security Event. That prioritization decision belongs solely to Provider. This Agreement does not entitle City or the Security Event to a higher priority or special consideration during Provider's prioritization process. Further, Provider may, at any time, recall its LPOs when, it is considered to be in Provider's best interest to do so. 1.2 Each of the LPOs must meet the following criteria as defined in Minnesota Statutes, Sections 626.84, Subdivision 1(c) and 471.59, Subd. 12, which reads: 2 "(1) the peace officer has successfully completed professionally recognized peace officer pre employment education which the Minnesota Board of Peace Officer Standards and Training has found comparable to Minnesota peace officer pre- employment education; and (2) the officer is duly licensed or certified by the peace officer licensing or certification authority of the state in which the officer's appointing authority is located." 2 ADDITIONAL CRITERIA OF LPOs; PROVIDER SCOPE OF SERVICE 2.1 In addition to meeting the criteria set forth in Section 1 of this Agreement, the Provider agrees that each of the LPOs shall also meet the following criteria: A. That each LPO shall by reason of experience, training and physical fitness be deemed in the sole discretion of the SPPD, that she/he is capable of performing the duties required by the SPPD of each such LPO during the Security Event; and B. That: (i) each LPO shall have been employed as a licensed peace officer for a minimum of two (2) years in the United States; or (ii) in the event that an LPO has been employed as a licensed peace officer for less than two (2) years in the United States, that such LPO will at all times when providing the services described in this Agreement, be directly supervised by an LPO who in addition to satisfying the minimum criteria described in this Section 2.1 B. (i), shall also possess sufficient supervisory skills and experience generally recognized and accepted throughout the greater Saint Paul Minneapolis law enforcement community; and C. That each of the LPOs are officers in good standing with the Provider. Throughout the term of this Agreement, the Provider shall promptly notify the SPPD in the event that any LPO is no longer an officer in good standing with the Provider. D. That throughout the term of this Agreement and subject to Chapter 13, Minnesota Statutes, commonly known as the "Minnesota Governmental Data Practice Act" (hereinafter referred to as the "MGDPA the Provider shall give notice using the form attached hereto as Attachment C, to the SPPD of any public data, as defined by the MGDPA, related to internal affairs type of investigations either pending and/or sustained against any LPO during the past three (3) years, involving excessive /unnecessary /unreasonable use of force, improper conduct or conduct unbecoming of a licensed law enforcement officer; and E. That unless otherwise provided or requested by the SPPD, each of the LPOs shall be equipped and/or supplied by Provider at Provider's own expense, with a seasonally appropriate patrol uniform of the day and equipment, including but not limited to service belts with Provider radio equipment, service weapon and 3 personal soft ballistic body armor that are required to be worn by each LPO while on duty for the Provider; see Attachment E attached hereto for uniform and equipment list; and F. That Provider shall furnish all of the information required in Attachments A and B attached hereto, for each LPO and Non -LPO, no later than ten (10) business days after the effective date of this Agreement, with the understanding that the City will hold the data in the same classification as the Provider does under the MGDPA. 2.1.1 Provider acknowledges and agrees that at anytime during the term of this Agreement the City has the sole discretion to decline to accept and/or use any LPO or Non -LPO without cause or explanation. 2.2 The Provider agrees to provide the City with the following services: A. That upon reasonable advance written notification from the SPPD, each LPO so designated by the SPPD shall participate in training activities related to the Security Event, that are coordinated or conducted by the SPPD or its designee (hereinafter each such training session shall be referred to as a "Security Event Training Session for a period of time commencing from the Security Event Training Session Commencement Date to the Security Event Training Session Termination Date as those respective terms are defined in Section 4 herein; and B. That upon reasonable advance written notification from the SPPD, each LPO so designated by the SPPD shall participate in the Security Event for a period of time commencing from the Security Event Commencement Date to the Security Event Termination Date as those respective terms are defined in Section 4 herein. C. That each LPO agrees to be placed by the SPPD, if so determined by the SPPD, in an "On Assignment" status in which the LPO is physically proximate to a Security Event location within the City of Saint Paul, so as to be able to physically report in a timely manner to such duty post assigned by the SPPD prepared to undertake the specific job task or responsibility assigned to such LPO by the SPPD related to the Security Event. D. That at the request of the SPPD, each LPO and Non -LPO shall participate in and/or provide information to and otherwise cooperate with the SPPD in any "after action activities" following the conclusion of a Security Event Training Session and/or the Security Event. For purposes of this Agreement "after action 4 activities" may include, but not be limited to the following activities related to Security Event Training Sessions and the Security Event: debriefings of information and experiences, completion of surveys and questionnaires and assisting and/or participating in any civil and/or criminal legal proceedings. 2.3 Notwithstanding Section 12 herein, Provider acknowledges and agrees that at all times during each Security Event Training Session and/or the Security Event, each LPO regardless of such LPO's rank or job title held as an employee of the Provider, shall be subject to a structure of supervision, command and control coordinated through a unified law enforcement command and following unified command principals and practices established throughout the law enforcement community (herein referred to as "Unified Command 2.4 The Provider agrees to cooperate and provide the City, with any other information reasonably requested by the City that the City deems necessary to facilitate and enable compliance with the terms and conditions contained in this Agreement. By way of illustration only, such cooperation and information may include, but not be limited to the Provider's timely completion and production of information required for insurance purposes and audit purposes. 3 CITY RESPONSIBILITIES 3.1 City agrees that it will provide or facilitate the Security Event Training Session[s], the SPPD deems necessary. The substance of the training, including the locations, dates and times of any Security Event Training Session, shall be detailed in a separate writing provided from the SPPD to the Provider. 3.2 The City anticipates certain financial assistance will be provided to it by the federal government and/or third parties other than the City (hereinafter referred to as the "Security Subsidy to fully and completely fund and/or reimburse the Provider for the necessary costs of participating in the Security Event Training Session[s], the Security Event, the RRT and any "after action activities" related thereto. Subject to the City's good faith duty to provide the Provider with as much advance written notice that is reasonable under the circumstances that the Security Subsidy is insufficient to reimburse all or a portion of the costs and expenses described in this Agreement, Provider acknowledges and agrees that the City's obligation to reimburse such costs or expenses shall be limited only to the funds available in the Security Subsidy. In such event, City agrees that funds available shall be distributed between/among Provider and any other law enforcement organizations providing services under this or similar agreements in, at least, a ratio based on each organization's contribution as a share of the total contributions 3.3 Subject to the prior written approval of the City and the Provider's compliance with the requirements of Section 5 of this Agreement, the City agrees to provide reimbursement 5 from the Security Subsidy to the Provider for each LPO and Non -LPO whose services are actually utilized by the SPPD during the Security Event Training Sessions and/or the Security Event, for the following: the prevailing hourly contract wages at the rate of one and one -half times, together only with the employer's share of Medicare and PERA contributions being paid by the Provider to each LPO and Non -LPO (based on such hourly wages and employer's share of Medicare and PERA contributions described in Attachments A and B attached hereto) at the time the services of such LPO or Non -LPO have been actually utilized by the SPPD in accordance with this Agreement. Unless otherwise agreed to in writing by the City, the City shall only reimburse the Provider in accordance with this Agreement for any pre- approved reimbursable costs incurred by the Provider related to the actual participation by an LPO or Non -LPO in a Security Event Training Session, only upon the satisfaction of one of the following conditions: (a) the actual participation by such LPO or Non -LPO in the Security Event as required by the SPPD; or (b) such LPO or Non -LPO, was ready, willing and available to participate in the Security Event as required and needed by the SPPD hereunder, despite the LPO or Non -LPO not having actually participated in the Security Event. 3.4 The person responsible on behalf of the SPPD for the daily operation, coordination and implementation of this Agreement, which responsibilities shall include, but not limited to, determining the assignments of the LPOs, shall be SPPD Assistant Chief Matt Bostrom (hereinafter referred to as the "Coordinator Except as otherwise provided in this Agreement, all contact or inquiries made by the Provider with regard to this Agreement shall be made directly to the Coordinator or the Coordinator's designee. 3.5 The City shall provide the Provider with the eligibility guidelines for the costs described in this Section 3 and a checklist for submitting the Reimbursement Payment Form attached hereto as Attachment F, and related required documentation. 3.6 The RRT will be established for the sole and exclusive purpose of providing public safety related aid and assistance as requested by law enforcement organizations with the legal responsibility for providing police services to local units of government throughout the Twin Cities metropolitan area (hereinafter referred to as the "Requesting Party "),who have entered into an agreement substantially similar to this Agreement, with the City, provided that: (i) such aid and assistance is actually and directly related to the 2008 RNC; and (ii) only if such aid and assistance is warranted by extraordinary circumstances. For purposes of this Agreement, the term "extraordinary circumstances" shall mean those circumstances that significantly exceeds the usual and customary ability of the Requesting Party to effectively and safely provide police services within its jurisdictional boundaries (which by way of example only, may include, but not be limited to, providing security for critical infrastructure, transportation routes and venues and facilities). Nothing contained in this Agreement shall preclude the Provider from also becoming a Requesting Party and availing itself of the RRT in accordance with this Section 3.6. 4 TERM OF AGREEMENT 6 4.1 Unless otherwise terminated earlier as provided in Section 16 herein, this Agreement shall become operationally effective as follows: 4.1.1 Security Event Training Sessionf sl The Security Event Training Session Commencement Date and the Security Event Training Session Termination Date shall be the date[s] and time[s] so referenced in the writing described in Section 2.2 A of this Agreement which writing will incorporate the terms and conditions of this Agreement. 4.1.2 Security Event The Security Event Commencement Date and the Security Event Termination Date shall be the date[s] and time[s] so referenced in a separate writing to be provided by the SPPD to the Provider, which writing will incorporate the terms and conditions of this Agreement. 4.1.3 The SPPD reserves the reasonable discretion to extend the Security Event Training Session Termination Date[s] and the Security Event Termination Date upon verbal or other non -written notice provided to Provider. 5 BILLINGS AND PAYMENTS 5.1 That in consideration for the Provider's faithful performance of this Agreement, the City hereby agrees to compensate Provider from the Security Subsidy as provided in Section 3 herein and this Section 5. Notwithstanding any other provision contained in this Agreement, the Provider agrees that the City's reimbursement to the Provider from the Security Subsidy for all aggregate reimbursable costs and expenses, otherwise allowable in Section 3 herein, shall not exceed an amount to be mutually agreed to by the City and the Provider, no later than June 30, 2008. This not to exceed amount shall be memorialized in a separate writing that will be incorporated as an addendum to this Agreement. 5.2 Reimbursement Requirements 5.2.1 Except as may otherwise be provided either by this Agreement or with the written consent of the City, any payments due and owing by the City to the Provider for approved reimbursable costs and expenses described in this Agreement for which the Provider has completed and delivered to the City all of the documentation required herein, shall be made no earlier than the Security Event Termination Date. Subject to the conditions described in this Section 5.2.1, the City shall make every effort to make the payment to the Provider within thirty-five (35) days after the City's receipt of all of the documentation required herein. 5.2.2 As a condition precedent to receiving any reimbursement from the City for approved reimbursable costs and expenses described in this Agreement, the Reimbursement Payment Form, referenced in Attachment F, attached hereto, must: 7 A. Be submitted to the City no later than November 15, 2008, unless such deadline is otherwise extended with the written consent of the City. The Reimbursement Payment Form shall be submitted to the Attention of Lori Lee, Office of Financial Services, 15 West Kellogg Boulevard, Room 700, City of Saint Paul, MN 55102; and B. Include a cover letter signed by the Provider's Chief Financial Officer or his/her designee, detailing the total amount sought to be reimbursed and a including a summary narrative and cost overview that provide context to the submission, including any unusual circumstances, all provided under the following certification: "1 certify that all information presented in this application supports only costs incurred for security related services provided for the 2008 Republican National Convention, and that all information was obtained from payroll records, invoices or other documents that are available for audit. and C. Include an itemized invoice as specified on checklist; and D. Include all back -up documentation, as outlined on the checklist provided by the City to the Provider. 5.2.3 In addition to any other requirements contained herein, Provider agrees that it will promptly provide to the City upon request, any other information or documentation of approved reimbursable costs and expenses described in this Agreement as may be required by the federal government as a condition to the City's receipt of the Security Subsidy. All records must be maintained for future audits and the entity being reimbursed will be fiscally responsible for the results of any such audit. 5.2.4 Any questions regarding this reimbursement process should be directed to: Lori Lee or designee, Office of Financial Services. 5.2.5 The Provider acknowledge and agree that the City's obligations to provide reimbursement pursuant to this Agreement are solely and exclusively limited to the Security Subsidy, and that the City shall not be liable for any payment hereunder: (i) to the extent that the Security Subsidy is insufficient to fully reimburse the Provider and the City provides the notice described in Section 16 of this Agreement; or (ii) in the event that the funder[s] of the Security Subsidy determine, independent of the City and the SPPD, that a cost that may otherwise be reimbursable pursuant to the terms of this Agreement, is not eligible for reimbursement and that any payment for reimbursement previously made by the City to the Provider is deemed to be ineligible by the funder[s] and is required to be returned to the funder[s]. 8 5.3 In the event the Provider fails to comply with any terms or conditions of the Agreement or to provide in any manner the work or services as agreed to herein, the City reserves the right to withhold any payment until the City is satisfied that corrective action has been taken or completed. This option is in addition to and not in lieu of the City's right to termination as provided in the sections of this Agreement. 6 AGREEMENT MANAGEMENT 6.1 In addition to the person described in Section 2.3 of this Agreement, the Provider has identified the following person[s] as persons to contact only with regard to the following matters regarding the Agreement: Gary Kalstabakken Personnel /Assignments Jewel Ericson Personnel /Assignments Judy Miller Reimbursement 7 WORK PRODUCTS, RECORDS, DISSEMINATION OF INFORMATION 7.1 For purposes of this Agreement, the following words and phrases shall have the meanings set forth in this section, except where the context clearly indicates that a different meaning is intended. "Work product" shall mean any report, recommendation, paper, presentation, drawing, demonstration, or other materials, whether in written, electronic, or other format that are used or belong to SPPD or results from Provider's services under this Agreement. "Supporting documentation" shall mean any surveys, questionnaires, notes, research, papers, analyses, whether in written, electronic, or in other format and other evidences used to generate any and all work performed and work products generated under this Agreement. "Business records" shall mean any books, documents, papers, account records and other evidences, whether written, electronic, or in other format, belonging to SPPD or Provider and pertain to work performed under this Agreement. 7.2 All deliverable work products, supporting documentation and business records or copies thereof, that are needed from or are the results from the Provider's services under this Agreement shall be delivered to the City either pursuant to this Agreement or upon reasonable request of the City. 7.3 The City and the Provider each agrees not to release, transmit, disclose or otherwise disseminate information associated with or generated as a result of the work performed under this Agreement without prior notice to the other. Except as otherwise required by federal and/or state law, neither the City nor the Provider shall release, transmit, disclose or disseminate any security information, security service or security service data, defined 9 under Minnesota Statutes, Sections 13.37 and 13.861 or any like data, as defined and/or required in all federal, state, and local laws or ordinances, and all applicable rules, regulations, and standards. 7.4 In the event of termination, all supporting documents and business records prepared by the Provider under this Agreement, shall be delivered to the City by Provider by the termination date. 7.5 Both the City and the Provider agree to maintain all business records in such a manner as will readily conform to the terms of this Agreement and to make such materials available at its office at all reasonable times during this Agreement period and for six (6) years from the date of the final payment under the contract for audit or inspection by the City, the Provider, the Auditor of the State of Minnesota, or other duly authorized representative. 7.6 Both the City and the Provider agree to abide strictly by Chapter 13 Minnesota Government Data Practice Act, "MGDPA ")and in particular Minnesota Statutes, Sections 13.05, Subd. 6 and 11; 13.37, Subd. 1 (b), 138.17 and 15.17. All of the data created, collected, received, stored, used, maintained, or disseminated by the Provider or the City in performing functions under this Agreement is subject to the requirements of the MGDPA and both the City and the Provider must comply with those requirements. If any provision of this Agreement is in conflict with the MGDPA or other Minnesota state laws, state law shall control. 8 EQUAL OPPORTUNITY EMPLOYMENT Neither the City nor the Provider will discriminate against any employee or applicant for employment for work under this Agreement because of race, creed, religion, color, sex, sexual or affectional orientation, national origin, ancestry, familial status, age, disability, marital status, or status with regard to public assistance and will take affirmative steps to ensure that applicants are employed and employees are treated during employment without regard to the same. This provision shall include, but not be limited to the following: employment, upgrading, demotion, or transfer; recruitment advertising, layoff or termination; rates of pay or their forms of compensation; and selection for training, including apprenticeship. 9 COMPLIANCE WITH APPLICABLE LAW Both the City and the Provider agree to comply with all federal, state, and local laws or ordinances, and all applicable rules, regulations, and standards established by any agency of such governmental units, which are now or hereafter promulgated insofar as they relate to their respective performances of the provisions of this Agreement. 10 CONFLICT OF INTEREST 10.1 Both the City and the Provider agree that it will not contract for or accept employment for 10 the performance of any work or services with any individual, business, corporation, or government unit that would create a conflict of interest in their respective performances of their obligations pursuant to this Agreement. 10.2 Acceptance of this Agreement by both the City and the Provider indicates compliance with Chapter 24.03 of the Saint Paul Administrative Code, which provides that: "Except as permitted by law, no City official or employee shall be a party to or have a direct financial interest in any sale, lease, or contract with the City." 10.3 Both the City and the Provider agree that, should any conflict or potential conflict of interest become known, the party learning of such conflict or potential conflict shall advise the other party of the situation so that a determination can be made about each party's ability to continue performing services under this Agreement. 11 INSURANCE 11.1 The Host Committee for the 2008 RNC, at its own cost, shall provide the following insurance coverage in which the Provider shall be covered as a named insured party: A. Police Professional Insurance (the "Insurance Coverage providing coverage for claims arising out of actions of each LPO and Non -LPO who provide security and law enforcement during the convention and convention related events with a limit of coverage not less than Ten Million Dollars ($10,000,000), as evidenced by a certificate of insurance provided to the Provider providing at least a ten (10) day notice of cancellation or any significant material change in coverage. 11.1.1 The Provider agrees to be bound by the terms and conditions contained in the Insurance Coverage policy "Policy the terms and conditions of which are incorporated herein by reference. 11.1.2 The parties acknowledge and agree that the Insurance Coverage shall only provide coverage during the time period set forth in the Policy. 11.1.3 The Provider agrees that is shall cooperate with the insurer who will be underwriting the Insurance Coverage by timely providing information as reasonably requested by said insurer or its designees. For purposes of this Section 11.1.3, this cooperation will include, but not be limited to both the underwriting process and the claims process, and this obligation shall survive and extend if necessary, beyond the termination of this Agreement. 11.2 The Provider shall be responsible for injuries or death of its own LPOs and Non -LPOs. The Provider will maintain workers' compensation insurance or self-insurance equivalent coverage, covering each of its own LPOs and Non -LPOs while such LPOs and Non LPOs are providing services pursuant to this Agreement. The Provider waives the right to sue any other party for any workers' compensation benefits paid to its own LPOs or Non 11 LPOs and any dependants of such LPOs and Non -LPOs, even if the injuries were caused wholly or partially by the negligence of any other party. 12 INDEPENDENT CONTRACTOR; RULES OF CONDUCT 12.1 Notwithstanding any other provision of this Agreement, including, but not limited to Section 2.3, it is understood and agreed by the parties hereto that, at all times and for all purposes within the scope of the Agreement, the relationship of the Provider to the City is that of independent contractor and not that of employee. No statement contained in this Agreement shall be construed so as to find the Provider or the LPOs and Non -LPOs, to be employees of the City, and the Provider shall be entitled to none of the rights, privileges, or benefits of City employees. 12.2 During the Security Event Training Session[s] and the Security Event, each LPO shall be required to comply with the rules of conduct established by the Provider, the SPPD and/or the Unified Command. In the event that a conflict exists between the Provider's rules of conduct and the SPPD's rules of conduct and the Unified Command has not otherwise provided rules of conduct, the SPPD's rules of conduct shall apply. The Coordinator or his designee shall refer disciplinary matters involving LPOs to the Provider for an investigation. Based on the judgment of the Coordinator or his designee, if a particular matter represents probable cause for the issuance of a criminal complaint, the matter shall be referred directly to an external law enforcement agency for investigation, provided the person's agency head is notified in advance thereof. 13 SUBCONTRACTING. Both the City and the Provider agree not to enter into any subcontracts for any of the work contemplated under this Agreement without obtaining prior written approval of the other party. 14 MUTUAL RESPONSIBILITY; NO WAIVER OF IMMUNITIES 14.1 Each party hereto 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 the other party and the results thereof. Notwithstanding the foregoing, nothing contained in this Section 14.1 shall waive, nor shall be construed to waive any rights and benefits either party has with regard to its status under the insurance coverage described in Section 11 of this Agreement. 14.2 It is understood and agreed that each party's liability shall be limited by the provisions of Minnesota Statutes, Chapter 466 (Tort Liability, Political Subdivisions) or other applicable law. Nothing contained in this Agreement shall waive or amend, nor shall be construed to waive or amend any defense or immunity that either party, their respective 12 officials and employees, may have under said Chapter 466, or any common -law immunity or limitation of liability, all of which are hereby reserved by the parties hereto. 15 ASSIGNMENT The City and the Provider each binds itself and its successors, legal representatives, and assigns of such other party, with respect to all covenants of this Agreement; and neither the City nor the Provider will assign or transfer their interest in this Agreement without the written consent of the other. 16 EVENTS OF DEFAULT; TERMINATION 16.1 By the City The City may terminate this Agreement based on the occurrence of any of the following events: A. the cancellation of the 2008 RNC; B. the determination made in the sole discretion of the City, that the Security Subsidy is insufficient to reimburse all or a portion of the costs and expenses described in Section 3 of this Agreement, which determination must be made and disclosed to the Provider prior to the Security Event Commencement Date; C. the failure of the Host Committee to purchase and provide the insurance coverage described in Section 11 of this Agreement in a timely manner determined by the City; D. the failure of the Provider to comply with or perform any term, condition or obligation contained in this Agreement and to fail to cure such default within seven (7) calendar days after the City or SPPD provides Provider with notice of such default. 16.2 By the Provider The Provider may terminate this Agreement based on the occurrence of any of the following events: A. without cause, prior to any Security Event Training Session[s] Commencement Date[s] in which any of the Provider's LPOs shall participate; B. the cancellation of the 2008 RNC; C. the failure of the Host Committee to provide the Provider with evidence in the form of a certificate of insurance naming the Provider as a named insured in the policy of insurance coverage described in Section 11 of this Agreement; 13 D. the Provider's receipt of the notice described in Section 3.2 of this Agreement; E. the failure of the City to comply with or perform any term, condition or obligation contained in this Agreement and to fail to cure such default within seven (7) calendar days after the Provider provides the SPPD with notice of such default. 16.3 Both the City and the Provider shall act in good faith, to provide as much advance written notice of an event of default in this Section 16, to the other party that is reasonable under the circumstances. 16.4 In the event of termination, the City will only pay Provider for those services actually, timely, and faithfully rendered up to the receipt of the notice of termination and thereafter until the date of termination. Except as otherwise provided in this Section 16.4, neither the City nor the Provider shall be entitled to the recovery of any consequential damages or attorney fees related to an event of default hereunder. 17 GOOD FAITH DISPUTE RESOLUTION The City and the Provider shall cooperate and use their best efforts to ensure that the various provisions of this Agreement are fulfilled and to undertake resolution of disputes, if any, in good faith and in an equitable and timely manner. In the event such a dispute arising out of or relating to this Agreement or breach thereof cannot be resolved exclusively among the parties, such dispute shall be referred to non binding mediation before, and as a condition precedent to, the initiation of any legal action hereof, provided for herein. Each party agrees to participate in up to four hours of mediation. The mediator shall be selected by the parties, or if the parties are unable to agree on a mediator then any party can request the administrator of the Ramsey County District Court Civil ADR Program and/or similar person, to select a person from its list of qualified neutrals. All expenses related to the mediation shall be borne by each party, including without limitation, the costs of any experts or legal counsel. All applicable statutes of limitations and all defense based on the passage of time are tolled while the mediation procedures are pending, and for a period of 30 days thereafter. 18 AMENDMENT OR CHANGES TO AGREEMENT 18.1 Any alterations, amendments, deletions, or waivers of the provisions of this Agreement shall be valid only when reduced to writing and duly signed by the parties hereto, after all appropriate and necessary authority has been acquired by each such party. 18.2 Modifications or additional schedules shall not be construed to adversely affect vested rights or causes of action which have accrued prior to the effective date of such amendment, modification, or supplement. The term "this Agreement" as used herein 14 shall be deemed to include any future amendments, modifications, and additional schedules made in accordance herewith. 19 NOTICES Except as otherwise stated in this Agreement, all notice or demand to be given under this Agreement shall be delivered in person or deposited in United States Certified Mail, Return Receipt Requested. Any notices or other communications shall be addressed as follows: To City: To Provider: Chief Gary Kalstabakken City of Rosemount 2875 145 Street West Rosemount, MN 55068 20 WAIVER Any fault of a party hereto to assert any right under this Agreement shall not constitute a waiver or a termination of that right, this Agreement, or any of this Agreement's provisions. 21 SURVIVAL OF OBLIGATIONS 21.1 The respective obligations of the City and Provider under these terms and conditions, which by their nature would continue beyond the termination, cancellation, or expiration hereof, shall survive termination, cancellation or expiration hereof. 21.2 If a court or governmental agency with proper jurisdiction determines that this Agreement, or a provision herein is unlawful, this Agreement or that provision, shall terminate. If a provision is so terminated but the parties hereto legally, commercially, and practicably can continue this Agreement without the terminated provision, the remainder of this Agreement shall continue in effect. 22 INTERPRETATION OF AGREEMENT This Agreement shall be interpreted and construed according to the laws of the State of Minnesota. 23 FORCE MAJEURE Neither the City nor the Provider shall be held responsible for performance if its performance is prevented by acts or events beyond the party's reasonable control, including, but not limited to: severe weather and storms, earthquake or other natural 15 occurrences, strikes and other labor unrest, power failures, electrical power surges or current fluctuations, nuclear or other civil military emergencies, or acts of legislative, judicial, executive, or administrative authorities. 24 ENTIRE AGREEMENT It is understood and agreed that this entire Agreement supersedes all oral agreements and negotiations between the parties hereto relating to the subject matters herein. IN WITNESS WHEREOF, the parties hereto are authorized signatories and have executed this Agreement, the day and year first above written. CITY OF SAINT PAUL STATE /CITY /COUNTY OF By: By: Its: Mayor Its: Date: Date: Approval Recommended: By: By: Its: Chief of Police Its: Saint Paul Police Department Date: By: Its: Director, Office of Financial Services By: Its: Director, Department of Human Rights Approved as to form and legality: By: Its: Assistant City Attorney Funding: Provider's Taxpayer I.D. No Activity and Activity Manager Signature 16 N 5• w m 0 0 m 3 0 0 m -11 a m o o n 3 0 73 o c m Z m co n) CD Z 0 o CD 0 m m o Z D 3 3 0 z a) 0 D o m m O °'m I D Z m o 0 o n O Q -1 Z D CD m Cr z y M "O Z 5v co n) N m' CD v 3� CD o 5 n m 0 O N (Q O CD g O N N (!l O N O N 5 (D 0 (D o_ Q 0 o a r (D (D D C) 0 D ,.G 0 PI (D (p co 5- O 0 0. N t o c ID O 0 y v O z 1 Q i b d; 3 -16'''''' 0 71 o Q -s. E N a O S c CD -13 6 CD 0) a 3 o N C ID co w Z m 0 N o q m io W. 1 D O N 7 O (D g• CO D o n2) c n M o W 1 K m v 5 U zi ATTACHMENT C INTERNAL AFFAIRS NOTICE FORM If an LPO has a sustained internal affairs type of investigations within the past three (3) years, involving one of the below types of conduct, Provider must submit this form to SPPD, at the time the data is created or collected, all public data of each investigation and any later final disposition for: 1. Excessive /Unnecessary/Unreasonable Use of Force; 2. Improper Conduct; or 3. Conduct Unbecoming of a Licensed Law Enforcement Officer. Date: Provider =s Name: (Agency Name) Provider =s Representative Submitting Form: Contact Telephone Number for Provider Representative: LPO Name: Status of Investigation: 1. Completed; and /or 2. Findings; and /or 3. Final Disposition Made. If final disposition has been made, what were the findings and final disposition? *Attach all public data of completed investigation /s/ and final disposition /s/ to this form. ATTACHMENT D EQUIPMENT LIST Line Patrol (See JPA 2.1E) Seasonally appropriate patrol uniform of the day and equipment supplied by Provider, including but not limited to: 1. Normal Line Patrol Working Uniform Provider =s; 2. Outer wear Uniform appropriate for conditions, i.e. jackets and hats Provider=s; 3. Rain wear; 4. Duty Belt with Provider =s approved items, i.e. Taser, Mace etc.; 5. Portable Radio Provider =s 6. Sidearm Provider Approved; 7. Personal Armor. Provider =s; 8. Traffic Control Vest; 9. Riot Helmet if Provider required and provided; and 10. Gas Mask if Provider required and provided; Specialty Assignments (See JPA '2.1 E) If the LPO is assigned to one of the below special detail assignments, then the LPO is required to have whatever personal specialty equipment that is supplied and required by the LPO =s agency for that special detail assignment (If other personal specialty equipment is required for the Security Event, SPPD will provide): 1. Motorcycle; 2. Bicycle; 3. Horse; 4. Canine; 5. SWAT; 6. Bomb; 7. Water patrol; and 8. Civil Disturbance; 9. Etc. ATTACHMENT E LPO CRITERIA CHECKLIST Each Provider must state that each of the LPOs they are submitting for service under the Joint Powers Agreement meets the following criteria: A. Education and Licensing 1. Is a peace officer who has successfully completed professionally recognized peace officer pre employment education which the Minnesota Board of Peace Officer Standards and Training has found comparable to Minnesota peace officer pre employment education; and 2. Is an officer who is duly licensed or certified by the peace officer licensing or certification authority of the state in which the officer's appointing authority is located. (From Minnesota Statutes, Sections 626.84, Subdivision 1(c) and 471.59, Subd. 12); and 3. Is, and has been, employed as a licensed peace officer for a minimum of two (2) years in the United States. B. Capable Is, by reason of experience, training and physical fitness, deemed capable of performing the duties required by the SPPD during the Security Event by the sending agency. C. Good Standing 1. Is currently in good standing with the Provider; and 2. Is an officer without any pending and /or sustained internal affairs type of investigations within the past three (3) years, involving excessive /unnecessary/unreasonable use of force, improper conduct or conduct unbecoming of a licensed law enforcement officer. (If an officer has a pending and /or sustained internal affairs type of investigations within the past three (3) years, for one fo the above types of conduct, Provider must submit to SPPD, at the time the data is created or collected, all data of each investigation and any later final disposition, using Internal Affairs Reporting Form. If there are any pending investigations at the time Provider submits the Pre Convention Information Form, Provider must submit the Internal Affairs Reporting Form then. Provider is also obligated to continuously update the SPPD on any subsequent data of this type, for each LPO, using the Internal Affairs Notice Form JPA Attachment C). D. Equipment 1. Line Patrol Is equipped and /or supplied by Provider at Provider =s own expense, not to be reimbursed under the JPA, with a seasonally appropriate patrol uniform of the day and equipment, including but not limited to (See JPA Attachment D): a. Normal Line Patrol Working Uniform Provider =s; b. Outer wear Uniform appropriate for conditions, i.e. jackets and hats Provider =s; c. Rain wear; d. Duty Belt with Provider =s approved items, i.e. Taser, Mace etc.; e. Portable Radio Provider =s f. Sidearm Provider Approved; g. Personal Armor Provider =s; h. Traffic Control Vest; i. Riot Helmet if Provider required and provided; and j. Gas Mask if Provider required and provided. 2. Personal Specialty Equipment- Is equipped and /or supplied by Provider at Provider =s own expense, not to be reimbursed under the JPA, with personal specialty equipment required to fulfill listed assignments for any specialty detail of the following: a. Motorcycle; b. Bicycle; c. Horse; d. Canine; e. SWAT; f. Bomb; g. Water patrol; and h. Civil Disturbance; i. Etc. II. Pre -RNC Required Information for Licensed Peace Officers and Election of Option Form A. Information required on the form: 1. Employee Name; 2. Rank; 3. Years of Service; 4. Internal Affairs Information; 5. Regular Hourly Rate of Pay for the Named Officer Under Current or Settled Union Contract; 6. Overtime Hourly Rate of Pay for the Named Officer Under Current or Settled Union Contract; and 7. Anticipated Reimburse Cost Items. SPPD needs to be able to anticipate and determine costs associated with meals, travel and lodging. Therefore, SPPD needs each Provider to submit travel and lodging cost they will seek reimbursement for on the form, for each officer. Also, if an officer is not going to eat SPPD supplied meals, SPPD needs to know that information also, since it is a cost item. a. Meals SPPD will provide meals for all officers while attending the Security Event Training, the Security Event, and any After Action Activities. b. Travel SPPD will reimburse for travel for all officers while attending the Security Event Training, the Security Event, and any After Action Activities. Travel will be reimbursed at the effective IRS mileage reimbursement rate, currently at $0.485 per mile. The number of miles will be based on the distance from Provider =s headquarters to the assignment location determined by Mapquest or other comparable method. c. Lodging Lodging will be reimbursed only for those Provider officers that Lodging reimbursements will be made for actual costs up to the effective U.S. General Service Administration (GSA) rate approved for Minneapolis /St/Paul, currently at $113.00 per night lodging. B. Submission of Form. Provider shall furnish all of the information required in the Form, which is Attachment Ain the JPA, for each LPO, no later than 2008, with the understanding that the City will hold the data in the same classification as the Provider does under the Minnesota Government Data Practice Act, Minnesota Statutes, Chapter 13. ATTACHMENT F Reimbursement Guidelines and Checklist The guidelines and checklist identifies the required documents for a complete reimbursement package. Original submissions that are complete will simplify the review process and expedite the processing of your payment. The City may modify or clarify guidelines as it determines necessary or request additional information or documentation in order to meet grant and internal auditing requirements. The City will make every effort to process payment within 35 days after complete Reimbursement Request Package has been received and no additional documentation or information is needed. Eligible Costs (JPA Section 2.2) All costs, regardless of eligibility listed below, must be supplemental to and not supplant the normal costs of doing business. Payments will be made on a reimbursement basis only all costs must have been incurred. 1. Wages (JPA Section 3.3) B Payment will be made for actual regular and overtime contractual wages for each LPO on assignment by SPPD meeting the criteria for on -site status. 2. Fringe Benefits while on assignment (JPA Section 3.3) The only fringe benefits reimbursed will be: Medicare at current rate of 1.45% and PERA Pension at anticipated 2008 rate of 12.9% Ineligible Reimbursement Costs In addition to the ineligible costs stated in the JPA, no reimbursement will be provided for: 1. Uniforms and equipment listed in Attachment D 2. Fringe benefits incurred over Medicare and PERA Pension costs. 3. Security Event Training if LPO is not available for assignment for the Security Event. 4. Providers costs for the administration or implementation of the JPA. Timeframe for Costs Costs must be incurred within the dates of the Security Event Training Sessions, the Security Event, which is the 2008 RNC convention (currently scheduled from Monday, September 1, through Thursday, September 4, 2008) and approved After Action Activities as scheduled by SPPD. Page 1 of 3 Checklist for Submitting Reimbursement Request Package Cover Letter A cover letter from the Provider must be submitted as follows: Include the statement: "I certify that all information presented in this application supports only costs incurred for security related services provided for the 2008 Republican National Convention and that all information was obtained from payroll records, invoices, or other documents that are available for audit." Include the statement: "All payroll records and other supporting documentation will be maintained for audit for seven years." Include the statement that the entity: "takes full responsibility for reimbursing the federal government for any costs which are subsequently deemed ineligible by any future federal audit." _Signature of the Chief Financial Officer or official designee as indicated in the JPA. Invoice from Provider =s Finance system which summarizes reimbursement request and provides a description of services provided. Reimbursement Payment Form B Form provided by the City MUST be attached to invoice and provided electronically in Excel format, either on CD, disk, or by e-mail. List each LPO =s: Name and title Each day worked Assigned location as determined by SPPD Category of Work: A Increased Security at Critical Facilities B Traffic Control and Direction C Emergency Operations Center D Public Safety Response Regular hours and rate of pay Overtime hours and rate of pay Total reimbursement of wages requested Reimbursable Fringe benefits for Medicare at 1.45% and PERA pension at 12.9% Other mileage, meal or lodging per diem as approved by SPPD Page 2of3 Required Documentation Payroll verification Must provide proof of the amount paid to each LPO as listed on Reimbursement Payment Form. This documentation must be in the form of a report from Provider =s payroll system for time period(s) in which the LPO was on assignment from SPPD. Report must indicate the LPO =s name, dates worked, number of regular and overtime hours, date paid and amount of payment for regular and overtime hours. _Timesheets B SPPD will provide roster which will require LPO to sign in at the designated location. Timesheets from the Provider detailing hours worked may be required to support the reimbursement request if not available from payroll system. Overtime Documentation B Must provide documentation that is needed to show regular hours were worked, to qualify for overtime rates. This information is best provided on the payroll verification, by including proof of regular pay. Other documentation may be used, but must demonstrate that overtime pay was qualified to be paid because the required regular hours were worked. Collective Bargaining Agreement B Must provide a copy of the current approved agreement which includes effective dates and appropriate wage schedules. Page 3 of 3 RNC JPA Addendum NOT TO EXCEED REIMBURSMENT AMOUNT The City of Rosemount Police Department will provide up to four (4) officers per day from September 1— 4, 2008 to the RNC. Reimbursement for this assistance will not exceed $9192.50. O LEAGUE of CONNECTING INNOVATING MINNESOTA SINCE 1913 CITIES June 11, 2008 To: LMCIT Members Re: Considerations in responding to requests for public safety assistance at the Republican National Convention The Republican National Convention (RNC) will be held in St. Paul, Minnesota from September 1 -4, 2008. The Saint Paul Police Department (SPPD) is the lead local agency responsible for providing public safety and crowd control during the convention and related events preceding the convention. To provide for public safety and crowd control, the SPPD is seeking the assistance of a number of non -SPPD law enforcement personnel, including law enforcement personnel from cities that are members of the League of Minnesota Cities Insurance Trust (LMCIT). St. Paul has developed a "Joint Powers Agreement Regarding Public Safety Related to 2008 Republican National Convention" (JPA) that must be executed by each city planning to provide law enforcement personnel during the RNC. It is LMCIT's understanding that St. Paul wishes to have the same agreement with all governmental entities. Accordingly, SPPD has indicated the terms of the JPA are not negotiable at this point in time. A number of LMCIT members have asked us to review and provide comments regarding the JPA. The decision whether to enter into a JPA with St. Paul to provide public safety services in conjunction with the RNC is one each city will need to consider and make for itself. A city's choice to assist may depend on its own evaluation of the risks, staffing availability, adequacy of proposed reimbursement terms, etc. Please remember that in most cases only the city council is authorized to enter into contracts so the decision to provide assistance to the RNC under the JPA is one that the city council needs to make, most likely after hearing from the police chief and city attorney. JPA Considerations The most critical item LMCIT would note in a city's consideration is the way that liability is handled under the JPA. Typically in a joint powers or mutual aid agreement, LMCIT advises cities to try to put all liability with one party to the agreement. For example, we routinely recommend the city requesting assistance should accept liability. This approach is consistent with the way Minnesota Statutes, Section 12.331, which authorizes political subdivisions to provide emergency aid to each other, allocates liability in disaster assistance situations. LEAGUE OF MINNESOTA CITIES INSURANCE TRUST 222 SOUTH 9TH ST., SUITE 1300 PHONE: (612) 766 -3000 FAx (612) 766 -3199 LOSS CONTROL FIELD SERVICES MINNEAPOLIS, MN 55402 -3332 TOLL FREE: (800) 449 -7707 WEB: WWW.I.MC.ORG Republican National Convention JPA Page 2 The JPA does not place liability with one party. Rather, the JPA states that each party "will be responsible for its own acts and/or omissions and those of its officials, employees, representative and agents in carrying out the terms of this Agreement... and shall not be responsible for the acts and/or omissions of the other party." See Section 14.1. While it may sometimes seem appropriate to make parties responsible for their own acts or omissions, and city contracts do sometimes contain such provisions, it can greatly complicate the defense of a lawsuit by creating conflict and litigation between the parties and requiring multiple defense attorneys. Thus, a city should consider the potential burdens of defending a lawsuit if it gets sued over conduct that happens pursuant to the JPA. For example, let's assume a police officer from City A injures a protestor. The protestor sues City A alleging the officer from City A was negligent. The protestor also sues City B because the officer from City A was under the command of an officer from City B at the time of the incident. The protestor also sues City C alleging City C did not properly train the officer from City A. So who is responsible? It's hard to tell. Each city will have its own attorney and there will be a lot of finger pointing among the defendants which will probably strengthen the protestor's case. If liability had been placed on one party, the internal disputes would have been removed and one attorney could have been assigned to represent all three cities. A city should also consider the type of services that its police officers will be asked to provide during the RNC. Some services may be deemed to create a lower risk of liability. Of course, there is no way to predict what actions may lead to claims. St. Paul officials have stated that the perceived higher risk activities to be performed by rapid response teams under the JPA will be mostly performed by non -LMCIT members. There are a couple other provisions of the JPA that cities may wish to specifically review and consider: Workers' Compensation. The parties to the agreement are responsible for injuries or death to their own employees and agree to waive claims against the other city. See Section 11.2. Accordingly, a city executing the JPA cannot bring a claim against St. Paul and St. Paul cannot bring a claim against the other city. This is the manner LMCIT recommends handling workers' compensation. Since each city pays for the workers' compensation coverage of its own employees, it makes sense that a city should be responsible for injuries to its own employees. This also helps to eliminate conflicts between governmental entities. The JPA, however, is only an agreement with St. Paul. Thus, a city entering into the agreement would not be precluded from bringing a claim against a third governmental entity that injured a city's police officer. Accordingly, there is some risk that a city entering into the agreement could be faced with defending a claim that the city's police officer injured an officer from a governmental entity other than St. Paul. Republican National Convention JPA Page 3 Reimbursement. Cities will be reimbursed at "the prevailing contract wages at the rate of one and one -half times, together with the employer's share of Medicare and PERA contributions." See Section 3.3. St. Paul's obligation to reimburse a city is limited to the funds available in its security subsidy. See Sections 3.2, 5.2.5. St. Paul has a "good faith duty" to provide cities with as much advance notice as possible if it believe the security subsidy will be insufficient to reimburse all or a portion of a city's costs and expenses. See Section 3.2. A city may also withdraw from the JPA if St. Paul notifies a city that the security subsidy will be insufficient. See Section 16.2(D). One consideration for cities to make is whether the reimbursement will be sufficient for any "backfilling" to cover local needs while some officers respond to the RNC. The JPA does not address damage to property. However, any claims for damage to a city's property would be addressed by the city's LMCIT coverage, to the extent that such property is covered. Additional information relating to joint powers issues can be found in the following LMCIT Risk Management Information memos which are available on the League website: Liability Coverage for Joint Powers Agreements (http /www.lmnc.org /pdfs/ LMCITMemos LiabilityCoverageJointPowers .pdf) Risk Allocation and Coverage Issues for Joint Powers and Mutual Aid Agreements (http: /www.lmnc. org /pdfs LMCITMemo s/ RiskAndCoverageJtPowersMAA.pdf) Joint Powers Agreements: An Outline of Risk Considerations (http: /www.lmnc. org /pdfs/ LMCITMemos/ JointPowersAgreementsRiskConsiderations Liability Insurance The host committee for the RNC has secured a $10 million Law Enforcement Professional Liability Policy. Each city that executes the JPA will be a "named insured" on the policy and will be protected to the extent of the policy's coverage. One consideration for LMCIT members considering responding under the proposed JPA is whether the $10 million limit provided under this policy is sufficient. The $10 million provided is subject to an aggregate limit, meaning that the most the policy will pay out is $10 million for any and all claims. If there are multiple claims of civil rights violations or similar claims to which the state afforded tort cap protections do not apply, these limits could be insufficient. According to SPPD representatives, no other national convention has held a policy with similarly sized limits and there have not been claims of this size or scope as a result of past national conventions. While this is certainly no guarantee of whether $10 million is sufficient liability coverage, a city could reasonably determine that the risk of this policy being inadequate is minimal. Republican National Convention JPA Page 4 The following is a brief summary of the policy: $10 million limit of liability for each wrongful act. $10 million aggregate limit (i.e., the most the policy will pay out is $10 million for any and all claims). No deductible. Occurrence policy (i.e., coverage for losses which occur during the policy period, regardless of when the claim is asserted). The coverage is primary (the policy will respond to a claim before a city's LMCIT coverage applies, subject to the policy limits). Defense costs are outside the liability limit (however, attorney fees or expenses awarded to a plaintiff would be subject to the limit). In terms of the coverage, it is important to look at the exclusions in Section V of the law enforcement policy. The policy excludes coverage for a "willful violation... of any federal, state, or local statute, ordinance rule, or regulation" and any "dishonest, fraudulent, bad faith, criminal or malicious: [a]ct; [e]rror or [o]mission." It is easy to imagine that a claim might involve allegations of this kind of conduct. The terms of the policy indicate coverage for damages in a claim of this sort against a peace officer would be excluded, although the policy may provide for defense. More importantly, the policy language seems to exclude coverage for damages against the city when an officer is found to have acted in willful violation, bad faith, etc. The policy also appears to exclude any claim for punitive damages. It is our understanding that some of the terms of the policy are still being clarified, specifically with regards to coverage for a city when its officer is found to have acted in willful violation of the law, bad faith, or similar. One factor that cities should consider is that municipal tort liability limits of $400,000 per claimant and $1.2 million per occurrence would not apply to federal claims against a police officer, including claims of excessive force. In addition, cities should be aware that if a plaintiff is successful, the city could be ordered to pay a substantial award of attorney fees even if the actual damages awarded to the plaintiff are relatively small. The payment of a plaintiff's attorney fees would count toward the $10 million policy limit. If the $10 million limit of the law enforcement liability policy is exhausted, a city's LMCIT liability coverage would provide excess coverage. In other words, a city's LMCIT coverage would respond to a claim against the city or a city's police officer that arose from the officer's actions during the RNC. Such a claim would be subject to the city's deductible and LMCIT coverage limits. In addition, the claim would affect a city's experience rating. The experience rating formula used by LMCIT looks at a city's past loss experience as a way to project the city's future losses. The experience rating will then be used to determine future premiums. A claim could also affect the amount of a dividend that is returned to a city by LMCIT. A dividend is only Republican National Convention JPA Page 5 returned when there are unneeded surplus funds. There is never a guarantee that LMCIT will be able to return a dividend in any given year. In conclusion, each city must make a decision whether it will enter into the JPA with the City of St. Paul taking into account the city's desire to provide security during the RNC versus possible risks to the city by providing security. Representatives from the City of St. Paul are available to discuss specific concerns that a city may have regarding the JPA. Law enforcement matters should be directed to Assistant Police Chief Matt Bostrom, (651) 266 -5545, matt.bostrom @ci.stpaul.mn.us. Other matters including clarification about the law enforcement liability policy should be directed to Ron Guilfoile, Risk Manager, (651) 266 -8888, ron .guilfoile@ci.stpaul.mn.us. The following LMCIT staff are also available to discuss any matters related to the JPA or risks related to a city's response to the RNC: Ann Gergen, Associate Administrator, (651) 281 -1291, agergen@lmc.org Tom Grundhoefer, General Counsel, (651) 281 -1266, tgrundhoefer@lmc.org Chris Smith, Risk Management Attorney, (651) 281 -1269; csmith @1mc.org June 12, 2008 Addendum from League of Minnesota Cities Asst. Administrator Ann Gergen: To ease any possible confusion, let me again clarify that I am not suggesting it's a bad idea for cities to agree to the JPA. It's a good idea for cities considering the JPA to understand any contractual or response risks that might exist those risks are best evaluated on a local level by those folks directly involved in both the operational aspects of response at the RNC and the contract. A city could reasonably decide that the risks are minimal, the insurance coverage is adequate, and the contract is agreeable. It sounds as though a few cities have in fact already signed off on the JPA.