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HomeMy WebLinkAbout5.o. Police Personnel & Equipment Joint Powers AgreementCITY OF ROSEMOUNT EXECUTIVE SUMMARY FOR ACTION CITY COUNCIL MEETING DATE January 07, 1992 AGENDA ITEM! AGENDA SECTION: Police Personnel and Equipment Joint Powers Attached is an agreement that was updated and discussed by the Dakota County Sheriff and the Chiefs of Police within the County. This agreement, upon approval, will become a contract between all of the municipalities in Dakota County for mutual aid in the event of a disaster, emergency or other situation which cannot be adequately dealt with by the requesting agency. The limits of this agreement have been reviewed and approved by the Rosemount City Attorney and the Dakota County Attorney. .Agreement.. Consent PREPARED BY': AGENIC M # Elliel Knutsen, Chief of Police 50 ATTACHMENTS: APP E' Y Agreement Contract RECOMMENDED ACTION: Motion to Approve the Police Joint Powers Agreement. COUNCIL ACTION: FINAL COPY AGREEI�N'P BETWEEN DAKOTA COUNTY AND MUNICIPALITIES FOR JOINT AND COOPERATIVE USE OF POLICE PERSONNEL AND EQUIPMENT The undersigned desire to be prepared to deal adequately with flood, natural disaster, civil disturbance and other exigent situations occurring within their .respective borders; and in order to ensure that such preparations are adequate to protect the lives and property of the people of their respective communities it is hereby found to be necessary that the parties hereto agree to furnish assistance to each other in the event of such emergency. This Agreement between Dakota County, Minnesota, a Minnesota municipal corporation, acting by and through the Dakota County Sheriff, ("the County"), and the undersigned municipalities, acting by and through their respective Chiefs of Police, provides that in consideration of the mutual promises and agreements stated herein and pursuant to the provision of Minnesota Statutes Chapter 471.59, the undersigned hereby contract with each other for the joint exercise of their police powers upon the following terms: 1. Assistance will be requested under this Agreement by the head of the law enforcement agency of any of the parties to this Agreement. "Head of the law enforcement agency" use«..s the County Sheriff or the Chief of Police of any of the cities who are parties to this Agreement or their designee. In the event there occurs within the boundaries of any of the undersigned contracting governmental units, a disaster, emergency, or other situation which, in the opinion of the head of the law enforcement agency of such jurisdiction (hereinafter the "requesting agency"), cannot be adequately dealt with by the requesting agency, the head of the law Page 1 enforcement agency of the requesting agency may, in his discretion, call upon the head of the law enforcement agency of the governmental unit from which assistance is sought (hereinafter the "assisting agency") to furnish law enforcement services to the requesting agency and to request for such purpose, personnel, equipment and supplies of the assisting agency. 2. Upon request of the head of law enforcement agency of the requesting agency, the head of the law enforcement agency of the assisting agency shall, if resources permit, authorize and direct the law enforcement officers or other law enforcement personnel of the assisting agency to go to the assistance of the requesting agency with such equipment and supplies of the municipality as are available. 3. It is the express understanding of all the parties hereto that the first and foremost priority of the law enforcement forces of all the jurisdictions is to maintain law and order and provide police protection within their respective jurisdictions. It is therefore expressly understood that the assistance contracted for by this Agreement shall be provided only if the assisting agencies can provide such assistance without unduly jeopardizing the law and order or police protection within their respective jurisdiction. 4. If at any time while the law enforcement personnel of one party are giving assistance to the law enforcement personnel of the other party it becomes apparent that the law and order and police protection of the assisting agency is jeopardized, such personnel may immediately terminate the giving of such assistance and return to their jurisdiction. Page 2 5. The officers and forces of the assisting agency shall remain under the control of said assisting agency and shall be paid by the assisting agency just as if performing their regular duties within the jurisdiction of the assisting agency. However, such officers shall operate under the tactical direction of the head of the law enforcement agency, or his designee, of the requesting agency for purposes of the emergency, investigation or other circumstance giving rise to a request for assistance under this Agreement. 5. The senior law enforcement officer, then on duty of the requesting agency will designate which radio channel will be used by personnel during the period in which assistance is provided. 7. It is expressly understood and agreed that the law enforcement officers who respond to a request for assistance by the law enforcement officer of the other party shall follow the orders and commands of the senior law enforcement officer then on duty ,of the requesting agency during the time such assistance is being given. 8. The Joint Exercise of Powers Act entitles officers to the same authority they have in their own jurisdiction when assisting another agency under the authority of this Agreement. The senior law enforcement officer on duty with the requesting agency may assign personnel from the assisting agency to any appropriate duties, including, but not limited to, effecting arrest, transporting prisoners, processing prisoners, and staffing temporary detention facilities. 9. The assisting agency shall be responsible for its own personnel, equipment and supplies and the requesting agency shall Page 3 not be held liable for any injuries to personnel or damage to equipment of said assisting agency, nor shall the requesting agency be required to reimburse the assisting agency for supplies used, except that the unused equipment and supplies shall be returned to the assisting agency upon the termination of the.assistance provided hereunder. 10. The requesting agency shall not be responsible for any injuries, losses or damages to persons or equipment/supplies due to the acts of the employees or agents of the assisting agency, nor shall the assisting agency be responsible for any injuries, losses or damages to persons or equipment/ supplies due to the acts of the employees or agents of the requesting agency. 11. In case weather, road conditions or other circumstances are such that in the discretion of the authority of the assisting agency, equipment, personnel and supplies cannot be furnished to the requesting agency with reasonable safety, the head of the law enforcement agency of the assisting agency may refuse to authorize and direct assistance to the requesting agency. Such determination of the head of law enforcement agency of the assisting agency as to what assistance shall be furnished and whether assistance shall be withheld or withdrawn as provided herein, shall be final and conclusive. 12. It is expressly understood that none of the parties hereto shall be in any way liable for any claim based upon a failure for any reason of a law enforcement officer of one jurisdiction to provide assistance when requested by a law enforcement officer of another jurisdiction while providing services under this Agreement. Page 4 13. This agreement is expressly intended to authorize requests for assistance only in the situations outlined herein and nothing herein shall be construed as authorizing requests by one party of the other party,for ongoing patrols and other routine activities not associated with services provided hereunder. 14. This Agreement shall: a. be effective ten (10) days after its approval and execution by the County, one or more governmental units in Dakota County and any additional governmental units in Dakota County may join thereafter by executing a copy of this agreement and mailing a copy of the same to each of the governmental units which previously signed; b. be for a term ending on December 31 of the year of execution; and C. continue in effect for continuing one year terms thereafter until and unless cancelled by any governmental unit upon written notice to all other governmental units; provided that such cancellation shall (be) only apply to the cancelling governmental units. d. This Agreement may be cancelled by any municipality by giving a written notice to the other parties addressed to their authority 60 days in advance of the date of intended discontinuance or termination. Page 5 IN WITNESS WHEREOF, the parties have executed this Agreement on the dates indicated below. Approved as to form: Assistant County Attorney/Date Approved as to execution: Assistant County Attorney/Date Approved by Dakota County Board Resolution No. APPROVED AS TO FORM City Attorney APPROVED AS TO FORM COUNTY OF DAKOTA By Michael E. Turner, Chairman Board of Commissioners Date of Signature Attest Norma Marsh, Auditor Date of Signature Rod Boyd Dakota County Sheriff Date of Signature CITY OF APPLE VALLEY, MINNESOTA Mayor Clerk Chief of Police CITY OF BURNSVILLE, MINNESOTA City Attorney Mayor Clerk Chief of Police Page 6 APPROVED AS TO FORM City Attorney APPROVED AS TO FORM City Attorney City Attorney APPROVED AS TO FORM City Attorney CITY OF EAGAN, MINNESOTA Mayor Clerk Chief of Police CITY OF FARMINGTON, MINNESOTA Mayor Clerk Chief of Police CITY OF HASTINGS, MINNESOTA Mayor Clerk Chief of Police CITY OF INVER_GROVE HEIGHTS, MINNESOTA Mayor Clerk Chief of Police Page 7 APPROVED AS TO FORM City Attorney APPROVED AS TO FORM City Attorney APPROVED AS TO FORM n. City Attorney APPROVED AS TO FORM CITY OF LAKEVILLE, MINNESOTA Mayor Clerk Chief of Police CITY OF MENDOTA HEIGHTS, MINNESOTA Mayor Clerk Chief of Police CITY OF ROSEMOUNT, MINNESOTA Mayor Clerk Chief of Police CITY OF SOUTH ST. PAUL, MINNESOTA City Attorney Mayor Clerk Chief of Police Page 8 APPROVED AS TO FORM City Attorney C/K-91-233-a CITY OF WEST ST. PAUL, MINNESOTA Mayor Clerk Chief of Police Page 9