HomeMy WebLinkAbout6B. Res 2011-071 Mutual Aid Agreement with MN Dept of CorrectionsCity Of 6B
Faribault
Request for Council Action
TO: Mayor and City Council
THROUGH: Chuck Whiting, City Administrator
FROM: Daniel Collins, Chief of Police
MEETING DATE: May 10, 2011
SUBJECT: Resolution 2011 -071 Approve Mutual Aid
Agreement with the Minnesota Department of
Correction - Faribault
Background:
Since the development of the Minnesota Correctional Facility (MCF) in Faribault,
the Police Department has worked the MCF staff on different issues. We have
been working without a mutual aid agreement. The proposed mutual aid
agreement identifies roles and responsibilities for the different parties. This
mutual aid agreement will expire in 2015, unless renewed before then.
The proposed Mutual Aid Agreement has been reviewed by attorneys with
Kennedy & Graven and the State of Minnesota.
Recommendation:
Approve Resolution 2011 -071 authorizing the Mayor and City Administrator to
sign a Mutual Aid Agreement with the Minnesota Department of Corrections.
Attachments:
Resolution 2011 -071
Copy of Mutual Aid Agreement
State of Minnesota
County of Wice
CITY OF FARIBAULT
RESOLUTION #2011 -071
MUTUAL AID AGREEMENT WITH DEPARTMENT OF CORRECTIONS
WHEREAS, the City of Faribault maintains a full time police department
for the purpose of maintaining law and order within its jurisdiction and
affording police protection to its respective citizens; and
WHEREAS, the State of Minnesota employs full time corrections
professionals at the Minnesota Correctional Facility - Faribault; and
WHEREAS, Minnesota Statute, Section 471.59, authorizes the joint and
cooperative exercise of powers common to both organizations; and
WHEREAS, both organizations are desirous of having their respective law
enforcement officers and corrections professionals, equipment, and other
resources available beyond their respective jurisdictions for the purpose of
providing assistance in emergency and pre- authorized situations to enforce
the statutes and ordinances enacted by the State of Minnesota Department of
Corrections and the City of Faribault.
NOW, THEREFORE BE IT RESOLVED, that Mayor Jasinski and City
Administrator Whiting are authorized to sign a Mutual Aid Agreement with
the Department of Corrections.
Date Adopted: May 10, 2011
Faribault City Council
John R. Jasinski, Mayor
ATTEST:
Charles S. Whiting, City Administrator
CFMS Contract No.
MUTUAL AID AGREEMENT
THIS MUTUAL AID AGREEMENT ( "Agreement ") is between the City of Faribault, a
Minnesota municipal corporation ( "City "), and the State of Minnesota ( "State ").
Recitals
WHEREAS, City employs full time law enforcement officers for the purpose of
maintaining law and order within its jurisdiction and affording police protection to its respective
citizens; and
WHEREAS, State employs full time corrections professionals at the Minnesota
Correctional Facility — Faribault; and
WHEREAS, Minnesota Statutes, Section 471.59, authorizes the joint and cooperative
exercise of powers common to contracting parties; and
WHEREAS, both parties are desirous of having their respective law enforcement officers
and corrections professionals, equipment, and other resources available beyond their respective
jurisdictions for the purpose of providing assistance in emergency and pre- authorized situations
to enforce the statutes and ordinances enacted by the State of Minnesota and the City of
Faribault; and
NOW THEREFORE, the parties agree as follows:
1. Term of the Agreement
L I Effective Date. This Agreement is effective as of the date all the required
signatures are obtained.
1.2 Expiration Date. This Agreement shall expire on June 30, 2015, or upon thirty
days written notice of termination by either party, except for the obligations
contained in paragraphs 3, 6, 7, 9, and 10 which continue as provided in
Minnesota State Law.
2. Agreement between the Parties
2.1 If a disaster or emergency occurs within the service area of either party to this
Agreement, and the equipment or personnel of that party is inadequate to address
the situation in a timely manner, an emergency shall exist for the purposes of this
Agreement.
2.2 If a party desires the other party to participate in a future training or other future
law enforcement event through the provision of equipment or personnel, then a
pre- authorized situation shall exist for purposes of this Agreement.
2.3 In the event of an emergency or a pre- authorized situation as defined by this
Agreement, the authorized representative of the party needing assistance
( "Requesting Party ") may call upon the authorized representative of the other
party ( "Responding Party ") for such assistance. The Responding Party will make
every effort to provide the equipment or personnel requested by the Requesting
378828 FA 105 -63
CFMS Contract No.
Party, but such response will be at the discretion of the Responding Party. When
acting pursuant to this Agreement, any peace officer of the Responding Party has
the full and complete authority of a peace office appointed by the Requesting
Party.
2.4 This Agreement is expressly intended to authorize the request for assistance only
in emergency or pre- authorized situations as defined in this Agreement. Nothing
herein shall be construed as authorizing requests for assistance for patrols or other
routine activities.
2.5 The State's assistance, other than equipment, will not extend to operations such as
crowd control for general public safety projects or for the enforcement of laws
associated with scheduled public events.
2.6 State personnel may not use weapons, ammunition, or chemical agents in
providing assistance to the City unless specifically approved by the State's
authorized representative. State personnel's use of force must not go beyond that
specified by Minnesota State Law and the Minnesota Department of Corrections
policy and directive.
2.7 In the event of an emergency or a pre- authorized situation, the State may provide,
if resources are available:
a. Emergency transportation in State vehicles driven by trained State
personnel to transport prisoners who are in custody of the City. The City
must provide sufficient personnel to maintain security and control. In this
situation, the State is not considered to have assumed custody of the
prisoners.
b. Logistical support by providing emergency supplies such as blankets,
clothing, food and similar items when necessary to protect the safety and
health of others. Equipment such as vehicles, machinery and generators
may be provided by the State, but must be operated by State personnel or
by City personnel only until the emergency situation is controlled and the
public safety is no longer endangered.
C. Assistance with searches for missing persons. But, the State will not assist
in searches for felony offenders who have escaped from City custody.
d. Medical support including equipment and supplies.
e. Equipment and trained hostage negotiators. The hostage negotiators'
activities will be limited to background consultations rather than direct
negotiations. The City must obtain approval from the State's authorized
representative in order for the State to provide this resource.
f. Canine unit assistance in accordance with Minnesota Department of
Corrections Division Directive 301.120, "Canine Units."
g. Special Operations Response Teams in accordance with Minnesota
Department of Corrections Division Directive 300.036, "Emergency
Assistance Non -State Systems."
2.8 The Requesting Party shall be in command of the mutual aid scene. Except as
otherwise specifically provided for in this Agreement, the personnel, equipment,
and other resources of the Responding Party shall be under the direction and
control of the Requesting Party until the Responding Party withdraws assistance.
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CFMS Contract No.
3. Reimbursement for Services
3.1 Services provided by the Responding Party during the initial twenty -four hours of
an emergency or pre- authorized situation shall be provided without charge to the
Requesting Party,
3.2 The Requesting Party shall reimburse the Responding Party for the actual cost of
assistance (including salaries, overtime, materials, supplies, and other necessary
expenses) provided after the initial twenty -four hour period.
3.3 The Requesting Party shall reimburse the Responding Party for such actual costs
within thirty days of the Responding Party's submission of the itemized bill for
such assistance to the Requesting Party.
3.4 Such charges are not contingent on the availability of federal or state government
funds.
4. Authorized Representative
4.1 The State's authorized representative is the Warden of the Minnesota Correctional
Facility — Faribault.
4.2 The City's authorized representative is the Chief of Police.
5. Assignment, Amendments, Waiver, and Entire Agreement
5.1 Assignment. The parties may neither assign nor transfer any rights or obligations
under this Agreement without the prior consent of the other party and a fully
executed Assignment Agreement, executed and approved by the same parties who
executed and approved this Agreement, or their successors in office.
5.2 Amendments. Any modification of this Agreement or additional obligation
assumed by either party in connection with this Agreement shall be binding only
if evidenced in writing signed by each party's representative with signatory
authority to enter into agreements.
5.3 Waiver. Failure to enforce any provision of this Agreement shall not operate as a
waiver of the provision or the party's right to enforce it.
5.4 Entire Agreement. This Agreement contains all negotiations and agreements
between the parties. No other understanding regarding this Agreement, whether
written or oral, may be used to bind either party.
6. Liability
6.1 Each party will be responsible for its own acts and behavior and the results
thereof. The City's liability is governed by the Municipal Tort Claims Act,
Minnesota Statutes, Section 466.02, and the State's liability is governed by the
Minnesota Tort Claims Act, Minnesota Statutes, Section 3.736.
6.2 Each party shall be responsible for damages to or loss of its own equipment.
6.3 Neither party to this Agreement, nor any officer or employee of a party, shall be
liable to the other party or any other person for failure to furnish equipment or
personnel in response to a call for assistance under this Agreement. Further, the
Responding Party may recall any assistance provided under this Agreement if the
Responding Party, in the best judgment of its authorized representative, deems it
necessary in order to provide for the best interests of the Responding Party's
community. Such action shall not result in liability to either party.
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CFMS Contract No.
7. Workers Compensation
Each party shall maintain workers' compensation insurance or self - insurance coverage,
covering its own personnel while they are providing assistance pursuant to this
Agreement.
8. Similar Agreements
Either party may continue any other existing agreements or enter into other agreements,
similar in nature to this one without consultation with the other party. The Agreement
shall not limit a party in connection with any obligations that it may have under similar
agreements.
State Audits
The City's books, records, documents, and accounting procedures and practices are
subject to the requirements of Minnesota Statutes, Section 16C.05, subdivision 5, for six
years from the end of this Agreement.
10. Government Data Practices
Both parties must comply with the Minnesota Government Data Practices Act, Minnesota
Statutes, Chapter 13, as it applies to all data provided by the State under this Agreement,
and as it applies to all data created, collected, received, stored, used, maintained, or
disseminated by the City under this Agreement. The civil remedies for Minnesota
Statutes, Section 13.08, apply to the release of the data referred to in this paragraph by
either party. If a party to this Agreement receives a request from an outside entity to
release data referred to in this paragraph, it shall immediately notify the other party to this
Agreement. The other party will give the party who received the data request instructions
concerning the release of such data to the requester before the data is released.
11. Venue
This Agreement is to be governed by and construed in accordance with the laws of the
State of Minnesota. The venue for all legal proceedings arising out of this Agreement, or
its breach, shall be the appropriate state or federal court with competent jurisdiction in
Ramsey County, Minnesota.
12. Termination
A party to this Agreement may tenninate this Agreement at any time, with or without
cause, after thirty days written notice to the other party.
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CFMS Contract No.
IN WITNESS WHEREOF, each party has read, agreed to, and executed this Mutual Aid
Agreement on the date indicated below.
CITY OF FARIBAULT
Distribution:
DOC Financial Services Unit — Original (fully executed) agreement
City of Faribault
State's Authorized Representative
Budget Officer of Authorized Representative
Department of Administration — Materials Management Division
By:
Its: Mayor
Date:
By:
Its: City Clerk
Date:
MINNESOTA DEPARTMENT OF
CORRECTIONS
with delegated authority
By:
Its:
Date:
COMMISSIONER OF ADMINISTRATION
As delegated to Materials Management Division
By:
Its:
Date:
378828 FAI05 -63 5