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HomeMy WebLinkAbout20081020 - VI-13VI-13 HASTINGS POLICE DEPARTMENT MEMO TO: Mayor Paul Hicks Hastings City Council FROM: Chief McMenomy DATE: October 14, 2008 SUBJECT: MPA Agreement -Dakota County Traffic Safety Group As you know the City of Hastings is part of the Dakota County Traffic Safety Group, which partners with the other eleven Dakota County law enforcement agencies to work traffic safety saturation projects in various cities and areas throughout Dakota County. Any previous agreement expires on December 31, 2008. Attached please find a new agreement which was reviewed and put together by the Dakota County Attorney's Office. The only new portion of this agreement is a rotation of the fiscal agent for the Dakota County Traffic Safety Group. Each year the State of Minnesota has grant funding available for traffic safety, to apply for reimbursement of the overtime expense of officers working special traffic safety saturation details in Dakota County. With that grant program a fiscal agent has to be documented with the State of Minnesota. The City of Apple Valley and City of Rosemount have maintained that fiscal agent responsibility for the past four years. The Dakota County Chiefs Association agreed that there will be a yearly rotation of the fiscal agent's responsibilities, which would involve the City's Finance Department keeping track of the funds and allocating reimbursement to the other cities in this countywide agreement. This rotation will be done alphabetically beginning in 2010. The City of Mendota Heights, who is a current fiscal agent, has agreed to be the fiscal agent through the year 2009. The City of Hastings would be the fiscal agent for the fiscal year of 2013. The Dakota County Traffic Safety Group is highly recognized through Minnesota Safe and Sober and the Department of Public Safety as being the pioneer and benchmark for other counties in dealing with traffic safety issues with the cooperative effort and partnering with the 12 law enforcement agencies in Dakota County to address traffic safety issues. If you have any questions concerning this agreement please do not hesitate to contact me. Thank you. MCM/mjc M[TTUAL POLICE ASSISTANCE AGREEMENT FOR ENFORCEMENT OF TRAFFIC SAFETY LAW S 1. Pumose. The purpose of this agreement is to provide for the joint exercise of the parties' law enforcement powers pursuant to Minn. Stat. § 471.59, so that the parties may furnish assistance to and coordinate with each other in the enforcement of traffic laws within or adjacent to the boundaries of Dakota County in the conduct of Traffic Safety Projects. It is not the purpose of this agreement to provide for or address in any way requests by one party of another party for any: other law enforcement services, including ordinary patrol services. 2. Parties. The parties to this Agreement shall consist of the following units of government that have signed this agreement: City of Apple Valley City of Hastings City of Rosemount City of Burnsville City of Inver Grove Heights City of South St. Paul City of Eagan City of Lakeville City of West St. Paul City of Farmington City of Mendota Heights County of Dakota Fiscal Agent. The Fiscal Agent, acting on behalf of the parties, shall apply for funding from the State of Minnesota to support coordinated local enforcement of traffic safety laws. To the extent that such grant funds are obtained and may be expended for peace officer overtime compensation, the parties shall be entitled on a pro rata basis to reimbursement of overtime compensation paid to the parties' peace officers who have participated in Traffic Safety Projects pursuant to this Agreement. The Fiscal Agent shall account for all funds received pursuant to this Agreement according to generally accepted accounting principles and reports on receipts and disbursements shall be forwarded to the parties on a regular basis. The Fiscal Agent for each of the following calendar years shall be: .2009 City of Mendota Heights 2015 City of Lakeville 2010 City of Burnsville 2016 City of South St. Paul 2011 City of Eagan 2017 City of West St. Paul :2012 City of Farmington 2018 City of Apple Valley 2013 City of Hastings 2019 City of Rosemount :2014 City of Inver Grove Heights 4. Traffic Safety Projects. The parties will carry out the purpose of this agreement by jointly participating in Traffic Safety Projects to which the parties will assign peace officers. Traffic Safety Projects means targeted geographic areas during specified periods of time on specific dates in which and during which the parties will assign peace officers to work together to enforce traffic safety laws. Assignment of peace officers to work on Traffic Safety Projects will remain in the sole discretion of the chief law enforcement officer of each party. The decision of a party to decline participation in any Traffic Safety Project is without liability to any: party. 5. Recommendation of Traffic Safety Projects. Peace officers from the parties will meet on an ad hoc basis as the Dakota County Traffic Safety Group to identify and recommend Traffic Safety Projects to the chiefs of police and Dakota County Sheriff. The Dakota County Traffic Safety Group shall identify Traffic Safety projects utilizing data which identifies areas where Traffic Mutual Police Assistance Agreement Page 1 of 15 Safety Projects likely would have a substantial effect upon public safety within Dakota County. The decision to assign peace officers to work on any particular Traffic Safety Project remains within the discretion of the chief of police of each city that is a party to this agreement and of the'Dakota County Sheriff. 6. Exercise of Police Power. A peace officer who has been assigned by his chief law enforcement officer to participate in a Traffic Safety Project located outside of the officer's jurisdiction has the.full and complete authority of a peace officer as though appointed by the agency or agencies within whose jurisdiction the Traffic Safety Project is located. 7. Coi~npensation. A peace officer who has been assigned by his appointing agency to participate in a Traffic Safety Project pursuant to this Agreement shall be compensated by his appointing agency just as if the officer were performing duties within and for jurisdiction of the officer's appointing agency. 8. Workers' Compensation. Each party to this agreement shall be responsible for injuries to or the death of its own personnel. Each party shall maintain workers' compensation coverage or self- insurance coverage covering its own personnel while they are participating in any Traffic Safety Project pursuant to this Agreement. Each party waives the 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, employee or volunteers. 9. Liabili .Each party shall fully indemnify and hold harmless the other parties against all claims, losses, damages, liability, suits, judgments, costs and expenses incurred by reason of theaction or inaction of its employees assigned to participate in any Traffic Safety Project pursuant to this Agreement. This agreement to indemnify and hold harmless does not constitute a waiver by any party of the limitations on liability provided by Minn. Stat. Ch. 466. 10. Direction and Control. Peace officers assigned by their appointing agency to participate in Traffic Safety Projects pursuant to this Agreement shall remain under the direction and control of their chief lawenforcement officer. 11. Recall of Peace Officers. The appointing agency of a party may at any time and in the agency's sole judgment and without liability to any party recall a peace officer assigned to participate in a Traffic Safety Project pursuant to this Agreement. 12. Dania e to Equipment. Each party shall be responsible for damage to or loss of its own equipment that occurs in connection with the j oint exercise of the parties' powers pursuant to this Agreement. Each party waives the right to sue any other party for any damages to or loss of its equipment, even if the damages or losses were caused wholly or partially by the negligence of any other party or its officers, employees or volunteers. 13. Compensation for Equipment and Supplies. When a party assigns peace officers to work on Traffic Safety Projects pursuant to this Agreement, that party shall provide all fuel ar>d other materials and services for its peace officers who have been so assigned. Mutual Police Assistance Agreement Page 2 of 15 14. Effective Date. This Agreement shall be effective when all eleven parties have signed the Agreement. All parties need not sign the same copy of the Agreement. Signed Agreements shall be f led with the City of Mendota Heights, who shall notify all parties of the effective date. I5. Withdrawal. Any party may withdraw from this Agreement upon thirty (30) days' written notice to the Fiscal Agent. The Fiscal Aunt will notify the other parties to this Agreement Withdrawal shall not act to discharge any liability incurred by any party prior to withdrawal. 16. Notice. Notices required by Paragraph 15 of this Agreement or other correspondence related to this Agreement shall be provided by first class mail to the following: Apple Valley Chief of Police 7100 147th Street West Apple Valley, MN 55124 Burnsville Chief of Police 100 Civic Center Parkway Burnsville, MN 55337-3817 Eagan Chief of Police 3830 Pilot Knob Road Eagan, MN 55122 Farmington Chief of Police 325' Oak Street Farmington, MN 55024 Hastings Chief of Police 150 3rd Street East Hastings, MN 55033 Inver Grove Heights Director of Public Safety 81 SO Barbara Avenue Inver Grove Heights, MN 55077 Lakeville Chief of Police 20110 Holyoke Avenue South Lakeville, MN 55044 Mendota Heights Chief of Police 1101 Victoria Curve Mendota Heights, MN 55118 Rosemount Chief of Police 2875 145th Street West Rosemount, MN 55068 South St. Paul Chief of Police 125 3rd Avenue North South St. Paul, MN 55075 West St. Paul Chief of Police 1616 Humboldt Avenue West St. Paul, MN 55118 Dakota County Sheriff Law Enforcement Center 1580 Highway 55 Hastings, MN 55033 17. Termination. This Agreement shall terminate upon the occurrence of any one of the following events: (a) when necessitated by operation of law or as a result of a decision by a court of competent jurisdiction or (b) when a majority of remaining parties agrees to terminate the Agreement upon a date certain or (c) December 31, 2019. 18. Effect of Termination. Termination shall not discharge any liability incurred by the parties during the term of this Agreement. Upon termination and after payment of all outstanding obligations, property or surplus money held by the parties shall then be distributed to the parties in proportion to their contributions. Mutual Police Assistance Agreement Page 3 of 15 19. Amendments. This Agreement may be amended only in writing and upon the consent of each of tine parties' governing body. 20. Records, Accounts and Reports. The books and records of the parties shall be subject to the provisions of Minn. Stat. Ch. 13. 21. Counterparts. This Agreement may be executed in two or more counterparts, each of which shall be deemed an original, but all of which shall constitute one and the same instrument. Counterparts shall be filed with the City of Mendota Heights. IN WITNESS WHEREOF, the parties have executed this Agreement on the dates indicated below. Approved as to form: COUNTY OF DAKOTA Assistant County Attorney/Date Donald Gudmundson Dakota County Sheriff Date of Signature Mutual Police Assistance Agreement Page 4 of 15 CITY OF HASTINGS Name Title Date of Signature Name Title Date of Signature Mutual Police Assistance Agreement Page 9 of 15