HomeMy WebLinkAbout6.r. Mutual Aid Agreement - City of Rosemount and City of St. Paul
EXECUTIVE SUMMARY
City Council Meeting: March 16, 2021
AGENDA ITEM: Mutual Aid Agreement – City of
Rosemount and City of St. Paul
AGENDA SECTION:
Consent
PREPARED BY: Mikael Dahlstrom, Chief of Police AGENDA NO. 6.r.
ATTACHMENTS: Mutual Aid Agreement APPROVED BY: LJM
RECOMMENDED ACTION: Motion to approve and sign the Mutual Aid Agreement
between the City and the City of St. Paul.
SUMMARY
In preparation for anticipated civil unrest surrounding the trial involving the death of George Floyd, the
Rosemount Police Department has been involved in extensive planning with local, state, and federal law
enforcement and security partners. For ease of planning mutual aid across the Twin Cities Metro Area,
these partner agencies geographically divided into an east and a west division. “Operation Safety Net”
exists in the west portion of the Twin Cities, while the East Metro Coalition was created to protect the
eastern portion of the Twin Cities. Primary goals during this planning involves preserving First
Amendment rights to peacefully protest while also preventing violent disturbances, property damage, fires,
and destruction of public and private infrastructure.
Furthermore, beyond primary responsibilities to protect and serve their respective jurisdictions, all law
enforcement agencies in Dakota County have agreed to provide mutual aid to St. Paul and the East Metro
Coalition. Vice versa, St. Paul has signed similar mutual aid agreements with most Dakota County
jurisdictions. Attached is the mutual aid agreement that has been reviewed by staff and the City Attorney.
RECOMMENDATION
Staff recommends the Council approve the mutual aid agreement between the City of Rosemount and City
of St. Paul.
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MUTUAL AID AGREEMENT
THIS MUTUAL AID AGREEMENT (“Agreement”) is made effective as of January 1,
2021, by and among the City of Saint Paul and the City of Rosemount, political subdivisions of
the State of Minnesota, pursuant to the provisions of Minnesota Statutes §471.59, the Joint Powers
Act (“Agreement”).
WHEREAS, The Parties (Saint Paul & Rosemount) desire to be prepared to adequately
address fire, flood, natural disaster, civil disturbance, or any other Emergency that may occur
within the jurisdictions of the Parties; and
WHEREAS, In order to protect the public peace and safety, and to preserve the lives and
property of people in each jurisdiction, the Parties (Saint Paul & Rosemount) agree to furnish
Assistance to one another in the event of said emergencies.
NOW, THEREFORE, The Parties (Saint Paul & Rosemount) hereby agree to furnish
Assistance to each other upon the terms and conditions set forth in this Agreement.
I. Purpose
The general purpose of this Agreement is to enable the Parties (Saint Paul & Rosemount) and their
respective law enforcement personnel to come to the aid of each party to this Agreement as
permitted in Minnesota Statutes §471.59 and Minnesota Statutes §12.331. This Agreement is
limited to the named Parties.
II. Definitions
The capitalized terms in this Agreement shall have the following meanings:
Assistance means the provision of law enforcement personnel, services, equipment, supplies and
related resources.
Emergency means any disaster including, but not limited to, a multi-alarm fire; casualty involving
the damage, collapse or destruction of private or public infrastructure; accident or occurrence
involving one or more modes of transportation including, but not limited to air, rail, vehicular or
watercraft; civil disorder or disturbance; release of contaminates or pollutants, hazardous
substances or hazardous waste that necessitates the evacuation of occupants from structures or
some defined geographic area; any quarantine or limitation on the movement of persons due to
disease or threat to health and safety of the general population; any threat to national security;
“Disaster” and “Emergency” as defined in Minnesota Statutes §12.03; and “Emergency” and
“Major disaster” as defined in 44 CFR Sections 206.2(a)(9) and (17).
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Incident Commander means the ranking peace officer designated by the Requesting Party to be
responsible for overseeing the management of Emergency Responders and for the planning,
logistics and finances at the field level during an Emergency.
Party means a governmental unit as defined by Minnesota Statues, §471.59, Subdivision 1.
“Parties” shall collectively mean more than one Party.
Providing Party means the entity that provides mutual aid Assistance to the Requesting Party.
Providing Official means the person designated by the Party who is responsible to determine
whether and to what extent that Party should provide assistance to the Requesting Party.
Requesting Party means the entity that requests mutual aid Assistance under this Agreement.
Self-Deployment means deploying resources without a request for mutual aid Assistance from a
Requesting Party.
State means the State of Minnesota.
III. Assistance
A participating political subdivision may request Assistance (a “Requesting Party”) from the other
participating subdivision (a “Providing Party”) to respond to an Emergency or as a participant in
drills or exercises authorized under legislation or this Mutual Aid Agreement. A request for
Emergency Assistance shall be made by a Requesting Party to a Providing Party by contacting the
Providing Official or his/her designee. Requests may either be verbal or in writing. Any verbal
requests will be followed by a written request made by the Requesting Party to the Providing
Official or his/her designee as soon as practical or within such period of time as provided by law.
Requests and responses to requests under this Agreement are limited to law enforcement personnel
assistance services, equipment, supplies, and related resources.
In the case of an Emergency for which a Requesting Party will seek reimbursement of costs from
the Federal Emergency Management Agency (FEMA) or the State of Minnesota, the Requesting
Party shall make the request for Assistance to each Providing Party and the Incident Commander
shall monitor and oversee the documentation of the performance of Emergency work and the
documentation of reasonable and reimbursable costs of a Providing Party in accordance with the
FEMA Disaster Assistance Policy and will disburse the federal share of funds owed to a Providing
Party.
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In response to a request for Assistance under this Agreement, a Providing Party may authorize and
direct personnel to go to the aid of a Requesting Party. The Providing Party shall provide personnel
who possess the required qualifications along with the equipment and supplies of the Providing
Party to the Requesting Party at the discretion of the Providing Party within the scope of the aid
deemed necessary by the Requesting Party and the Incident Commander.
IV. Limitations
A Party’s decision to provide Assistance in response to, or recovery from, an Emergency, or in
authorized drills or exercise is subject to the following conditions:
A.) Party may withhold resources to the extent necessary to provide reasonable protection and
services within its own jurisdiction.
B.) Party may recall Assistance at any time in the best interests of that Party.
C.) Emergency response personnel of a Providing Party shall follow the policies and
procedures of the Providing Party and will be under the Providing Party’s command and
control but will follow the operational direction of the Incident Commander and be subject
to the incident management system of the Requesting Party.
D.) Assets and equipment of a Providing Party shall remain under the control of the Providing
Party but shall be under the operational control of the Incident Commander within the
incident management system of the Requesting Party.
V. Compensation
Except as provided for herein when funds for reimbursement are available from a third party, the
Requesting Party and Providing Party will each be responsible for its own costs and compensation
for any Assistance, including for personnel, equipment and supplies, arising from any Emergency
that may occur during the Term of the Agreement.
If a local, State, or federal Emergency is declared, and funds become available for reimbursement
from a third party, the Providing Party may charge the Requesting Party for Assistance rendered
under the terms of this Agreement. The Providing Parties will submit to the Requesting Party an
itemized bill for the actual cost of any Assistance provided. The Requesting Party is responsible to
take all steps it deems necessary to seek reimbursement from the United States of America, the
State of Minnesota or other sources, to the extent that such reimbursement is available, for
expenses it incurs for services provided pursuant to this Agreement. The charges for Assistance
provided pursuant to this Agreement will be based upon the actual costs incurred by the Providing
Party, including salaries or wages, overtime, materials, supplies and other necessary expenses,
except that the Parties agree that the Federal Emergency Management Agency (FEMA) equipment
rates will be used as the basis for equipment charges whenever possible. For an Emergency that is
eligible for reimbursement of costs by FEMA, the labor force expenses of the Providing Party will
be treated a s contract labor, with regular time, overtime wages and certain benefits eligible for
reimbursement. Should funding become available, the Requesting Party may reimburse the
Providing Party to the extent possible under the terms of this Agreement. Any claims for
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reimbursement by the Providing Party must be made to the Requesting Party within 90 days after
the expense is sustained or incurred.
No Party will be responsible for the reimbursement of Self-Deployment costs.
VI. Workers’ Compensation
Each Party will be responsible for injuries or death of its own personnel. Each Party will maintain
workers’ compensation insurance or a program of self-insurance covering its own personnel while
they are providing Assistance pursuant to this Agreement. Each Party waives the right 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, employees, or volunteers.
VII. Damage to Equipment
Each Party shall be responsible for damages to or loss of its own equipment used to respond to an
Emergency under 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.
VIII. Term of Agreement
This Agreement shall be in full force and effect from January 1, 2021 through December 31, 2026,
subject to Section XVI Withdrawal of Party/Termination of Agreement.
IX. Liability and Indemnification
For purposes of the Minnesota Municipal Tort Liability Act (Minnesota Statues, §466), the
employees and officers of a Providing Party are deemed to be employees (as defined in Minnesota
Statues, §466.01, Subdivision 6) of the Requesting Party.
The Requesting Party agrees to defend and indemnify the Providing Party against any claims
brought or actions filed against the Providing Party or any officer, employee, or volunteer of the
Providing Party for injury to, death of, or damage to the property of any third person or persons,
arising from the performance and provision of Assistance in responding to a request for Assistance
by the Requesting Party pursuant to this Agreement.
Under no circumstances, however, shall a Party be required to pay on behalf of itself and the other
Party, any amounts in excess of the limits on liability established in Minnesota Statutes Chapter
466 applicable to any one Party. The limits of liability for one or both of the Parties may not be
added together to determine the maximum amount of liability for any Party.
The intent of this subdivision is to impose on each Requesting Party a limited duty to defend and
indemnify the Providing Party for claims arising within the Requesting Party’s jurisdiction subject
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to the limits of liability under Minnesota Statutes §466. The purpose of creating this duty to defend
and indemnify is to simplify the defense of claims by eliminating conflicts among defendants, and
to permit liability claims against multiple defendants from a single occurrence to be defended by
a single attorney.
Neither Party to this Agreement or any officer of any Party shall be liable to the other Party or to
any other person for failure of any Party to furnish Assistance to the other Party, or for recalling
Assistance, both as described in this Agreement.
Nothing in this Agreement is intended to prevent or hinder the pursuit of applicable State or federal
benefits to personnel who respond or render Assistance pursuant to an Emergency request and
sustain injury or death in the course of, and arising out of, their employment and response or
Assistance under this Agreement.
Providing Party shall not be responsible for any injuries, damages or losses arising from the acts
or omissions of personnel of the Requesting Party and its officers, employees, agents and assigns.
X. General Compliance
Both Parties agree to comply with all applicable federal, State and local laws and regulations
governing any services provided under this Agreement.
XI. Accounting Standards and Retention of Records
A.) Accounting – Both Parties agree to maintain the necessary source documentation and
enforce sufficient internal controls as dictated by generally accepted accounting practices
and as required by FEMA to properly account for expenses incurred under this Agreement.
B.) Retention of Records - Both Parties will retain all records pertinent to expenditures
incurred under this Agreement as required by the applicable records retention schedule.
XII. Data Practices
Both Parties agree to comply with the Minnesota Government Data Practices Act and all other
applicable State and federal laws relating to data privacy or confidentiality. Each Party must
immediately report to other Party any requests from third parties for information relating to
activities performed pursuant to this Agreement. Each Party agrees to promptly respond to
inquiries from the other Party concerning data requests. Each Party agrees to hold the other Party,
their officers and employees harmless from any claims resulting from unlawful disclosure or use
of data protected under state and federal laws by the disclosing Party.
XIII. Applicable Law
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The laws of the State of Minnesota shall govern all interpretations of this Agreement and any
litigation which may arise under this Agreement.
XIV. Non-Discrimination
All Parties agree to comply with the provisions of all applicable federal and State statutes and
regulations pertaining to civil rights and nondiscrimination including, without limitation,
Minnesota Statutes §181.59 and §363A.
XV. Withdrawal of Party/Termination of Agreement
A.) Without Cause - Either Party may withdraw from this Agreement without cause upon
thirty (30) days written notice to the designated recipients for the other Party. If withdrawal
is without cause, the Party shall pay the withdrawing Party all reimbursements and
payments to which it is entitled under this Agreement, to the date of withdrawal. Any
withdrawing Party must also pay all obligations owed to any other Party under this
Agreement, to the date of withdrawal.
B.) For Cause - A Party may terminate this Agreement if another Party fails to perform in
accordance with the provisions of this the Agreement in a proper and timely manner, or
otherwise violates the terms of this Agreement. The non-defaulting Party shall have the
right to terminate this Agreement, if the default has not been cured after ten (10) days
written notice has been provided.
C.) This Agreement shall terminate upon expiration of the Term or by mutual written
agreement of both Parties in the form of a resolution by the Party’s governing body.
XVI. Severability
Should a court of competent jurisdiction rule any portion, section or subsection of this Agreement
invalid or nullified, that fact shall not affect or invalidate any other portion, section or subsection;
and all remaining portions, sections or subsections shall remain in full force and effect.
FOR THE CITY OF SAINT PAUL
Approved _______________________________
Todd Axtell, Chief of Police
Approved _______________________________
Melvin Carter, Mayor
Approved _______________________________
John McCarthy, Director of Financial Services
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Approved _______________________________
Judy Hanson, Assistant City Attorney
Designee for purposes of receipt of Notice:
Title: Deputy Chief of Police, Community Engagement Division
Address: 367 Grove Street, Saint Paul Minnesota 55101
FOR THE CITY OF ROSEMOUNT
Approved _______________________________
Mikael Dahlstrom, Chief of Police
Approved _________________________________
William Droste, Mayor
Approved _________________________________
Logan Martin, City Administrator
Approved _______________________________
Mary Tietjen, City Attorney
Designee for purposes of receipt of Notice:
Title: Chief of Police / Deputy Chief / etc, Mikael Dahlstrom
Address:2875 145th Street West, Rosemount, MN 55068