4.6. SR 09-21-2015 EOty1� ,.,�� Request for Action
River
To Item Number
Mayor and City Council 4.6
Agenda Section Meeting Date Prepared by
Consent September 21, 2015 Ron Nierenhausen, Chief of Police
Item Description Reviewed by
Mutual Aid Agreement for the Use of Law Cal Portner, City Administrator
Enforcement Personnel and Equipment Reviewed by
Action Requested
Approve,by motion, the Mutual Aid Agreement between the City of Elk River and Sherburne County.
Background/Discussion
The Mutual Aid Agreement will allow the agreed parties within Sherburne County the ability to provide
assistance before, during, and after an emergency event. It will also facilitate the rapid mobilization of
police personnel and equipment across jurisdictional boundaries when requested.
Staff supports the signing of this Mutual Aid Agreement that has been reviewed and presented by our
City Attorney, Scott Baumgartner. The agreement will continue to provide the Elk River Police
Department the ability to give and receive mutual aid assistance when needed.
Financial Impact
A responding party will levy no charges for assistance rendered. If emergency assistance continues for a
period of more than 48 hours, the requesting party will be required to pay an itemized bill from the
responding party for the actual cost of any assistance provided after the initial 48 hour period.
Attachments
■ Mutual Aid Agreement
POWERED 6T
Template Updoted 4/14 INAWRE1
MUTUAL AID AGREEMENT FOR THE USE OF
LAW ENFORCEMENT PERSONNEL AND EQUIPMENT
The parties to this Agreement are governmental units of the State of Minnesota. This Agreement
is made pursuant to Minnesota Statues § 471.59, which authorizes the joint and cooperative exercise of
powers, common to contracting parties.
NOW, THEREFORE, it is mutually agreed as follows:
1. Purpose:
The purpose of this Agreement is to allow a city, county or the State of Minnesota Department of
Public Safety or other appropriate agency of the state or federal government, which is a Party to this
Agreement to make available to another governmental entity that is a Party to this Agreement their
police personnel and police equipment in case of emergencies or special enforcement activities.
2. Definitions:
A. "Party" means a governmental unit, which is a Party to this Agreement. "Parties" is the plural of
Party.
B. "Requesting Official" means the person designated by a Party who is responsible for requesting
assistance from other Parties.
C. "Requesting Party" means a Party which requests assistance from other Parties.
D. "Responding Official" means the person designated by a Party who is responsible to determine
whether and to what extent that Party should provide assistance to a Requesting Party.
E. "Responding Party" means a Party, which provides assistance to a Requesting Party.
F. "Special Enforcement Activity" means a cooperative effort by Parties, which is non-emergency
in nature and is intended to focus law enforcement efforts on an area of concern. Examples
include but are not limited to traffic enforcement activities (Safe and Sober and Night-Cap),
criminal investigation activities and special circumstances.
3. Parties:
The initial Parties are the Cities of Big Lake, Elle River, Princeton and Becker along with the County of
Sherburne.
Other Cities or Counties may become a party to this Agreement upon approval of those cities or
counties that are parties at the date of the request. The new Party will sign a copy of this Agreement.
Existing Parties will not be required to resign.
4. Need for Assistance:
A. Request for assistance will be made when there is a reasonable need for emergency assistance or
the need to organize a Special Enforcement Activity.
B. An emergency situation under this Agreement will constitute any request for assistance in which
an officer believes there is an immediate threat to the officer's safety or to the safety of other
persons or property in the officer's city or county and where additional police support may be of
assistance in accordance to policy.
C. The Requesting Official will determine and authorize a request for assistance. The Responding
Official shall make a determination on whether he/she is able to provide assistance to the
Requesting Official.
D. The Chief of Police of each city, Sheriff of each county or the designated official for a law
enforcement agency that is not under the auspices of the city or county will implement a policy
regarding requesting and providing emergency assistance or participating in a Special
Enforcement Activity. The policy will set forth the circumstances under which aid may be
requested and the circumstances under which aid will be provided by the responding
municipality.
5. Control Over Emergency Scene or Special Enforcement Activity:
The Requesting Party will be in command of the emergency scene or Special Enforcement Activity.
The police personnel and equipment will be under the direction and control of the Requesting Party
until the Responding Official withdraws assistance. This section does not mean that the Responding
Party's personnel will be considered employees of the Requesting Party for the purposes of payroll and
worker's compensation.
6. No Requirement to Respond:
All Parties understand that police assistance will only be provided if such assistance does not unduly
jeopardize the law and order or police protection within the jurisdiction of who is requested to respond.
7. Withdrawal of Assistance:
Whenever a Responding Party has provided assistance to a Requesting Party, the Responding Official
may at any time recall such assistance or any part thereof when the Responding Official deems it
necessary to provide for the best interests of the Responding Official's own jurisdiction.
8. Reciprocal Defense and Indemnification:
A. The intent of the indemnification requirement of this section is to recognize that the Requesting
Official and its agency shall be responsible for the actions or inactions of the officers, agents
and employees under its direction and control when a request is made for additional assistance.
The Requesting Party shall indemnify and defend the Responding Party for any actions or
claims that arise as a result of the request for assistance and that such duty shall be subject to the
limits of liability afforded by statute. If there is a Special Enforcement Activity, then each Party
shall be responsible for its own persons under their direction and control.
B. Under no circumstances will a Party be required to pay on behalf of itself and other Parties, any
amounts in excess of the limits on liability established in Minnesota Statutes, Chapter 466,
applicable to only one Party. The limits of liability for some or all Parties may not be added
together to determine the maximum amount of liability for any Party.
C. No Party to this Agreement or any officer of any Party shall be liable to any other Party or to
any other person for failure of any Party to furnish assistance to any other Party or for recalling
assistance, both as described in this Agreement.
9. Responsibility for Equipment:
Each Party will be responsible for damages to or loss of its own equipment. Unused equipment
provided by the Responding Party will be returned to the Responding Party by the Requesting Party
when circumstances permit this to be done or if such equipment is recalled by the Responding Party.
Each Party waives the right to sue any other Party for any damages or loss of its equipment even if the
damages or losses were caused wholly or partially by the negligence of any other Party, its officers,
employees or volunteers.
10. Workers Compensation:
Each Party will be responsible for injuries or death of its own personnel. Each Party shall maintain
workers' compensation insurance or self-insurance coverage, covering its 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 dependants, even if
the injuries were caused wholly or partially by the negligence of any other Party or its officers,
employees, or volunteers.
11. Charges to the Requesting Party:
A. A Responding Party to this Agreement will levy no charges for assistance rendered to a
Requesting Party under the terms of this Agreement unless that assistance is for emergency
assistance and continues for a period of more than 48 hours. If emergency assistance provided
under this Agreement continues for more than 48 hours, the Responding Party will submit to the
Requesting Party an itemized bill for the actual cost of any assistance provided after the initial
48 hour period, including salaries, overtime, materials and supplies and other necessary
expenses; and the Requesting Party will reimburse the Party providing the assistance for that
amount. All Parties shall agree to track their time expended to respond for purposes of any
reimbursement, for the purpose of restitution or the ability to special assess such cost by law.
B. Such charges are not contingent upon the availability of the federal or state government funds.
C. If an officer who is rendering assistance under this Agreement is required to take a mandatory
leave of absence because of discharge of the officer's weapon in the line of duty or for any other
reason, the Requesting Party will reimburse the Responding Party for the salary of the officer
while on leave of absence. .
12. No Joint Entity or Partnership
This Agreement does not intend, nor does it create, any joint entity or partnerships between the Parties.
13. Duration:
This Agreement will be effective on the date it is executed by the initial Parties and will continue
indefinitely unless terminated as provided herein. The effective date shall be October 1, 2015.
14. Withdrawal:
Any Party may withdraw from this Agreement, by resolution of its governing body, provided that the
Party gives a 30 (thirty) day notice to the other Parties.
15. Termination:
This Agreement will terminate when fewer than two Parties wish to continue to participate in this
Agreement.
16. Posting:
A copy of this Agreement will be made available at each Party's department for each of the Parties that
are participating in this Agreement. All Data Practices requests will be handled by the entity that is the
Requesting Party unless such information is not readily available to them. All Parties agree to maintain
such documentation of their activities in order to satisfy any grant/reimbursement agreement, audit
requirements or other similar need.
17. Amendment:
Any amendment to this Agreement requires the adoption of identical resolutions by the governing body
of each Party.
18. Execution:
All Parties need not sign the same copy. Each Party will file the signed Agreement with the Big Lake
City Clerk. Each Party hereto has read, agreed to and executed this Agreement on the date indicated.
[Signature pages to follow]
CITY OF BECKER
By: DATE:
Title:
STATE OF MINNESOTA )
ss.
COUNTY OF SHERBURNE)
Sworn/Affirmed before me on this day of 2015
Notary Public
CITY OF BIG LAKE,MINNESOTA
By: DATE:
Title:
STATE OF MINNESOTA )
) ss.
COUNTY OF SHERBURNE)
Sworn/Affirmed before me on this day of 2015
Notary Public
CITY OF ELK RIVER
By: DATE:
Title:
STATE OF MINNESOTA )
ss.
COUNTY OF SHERBURNE)
Sworn/Affirmed before me on this day of 2015
Notary Public
CITY OF PRINCETON
By: DATE:
Title:
STATE OF MINNESOTA )
ss.
COUNTY OF SHERBURNE)
Sworn/Affirmed before me on this day of 2015
Notary Public
COUNTY OF SHERBURNE
By: DATE:
Title:
STATE OF MINNESOTA )
) ss.
COUNTY OF SHERBURNE)
Sworn/Affirmed before me on this day of 2015
Notary Public