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
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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
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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.
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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
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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.
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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.
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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
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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
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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
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APPROVED AS TO FORM
City Attorney
C/K-91-233-a
CITY OF WEST ST. PAUL, MINNESOTA
Mayor
Clerk
Chief of Police
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