3.5. SR 07-21-2008REQUEST FOR ACTION
To Item Number
Ci Council 3.5.
Agenda Section Meeting Date Prepared by
Consent ul 21, 2008 effre A. Beahen, Chief of Police
Item Description Reviewed by
Joint Powers Agreement for Public Safety Services for Lori ohnson, Ci Administrator
Republican National Convention Reviewed by
Action Requested
The City of Saint Paul has requested assistance during the Republican National Convention being held in
Minnesota September 1 through September 4, 2008. Over 4,000 officers are needed to patrol and staff
this event, and over 1,000 of those positions still need to be filled.
I have attached the Joint Powers Agreement that has been prepared for all the jurisdictions who are
taking part in this event, and I am requesting your approval in supporting the request by Saint Paul fox by
allowing our officers to take part in this important detail.
Background/Discussion
National events like this are very rare. The need to request additional officers is well known by everyone,
as St. Paul has approximately 600 officers; not near the number to provide the security levels needed at an
event of this magnitude.
Our officers would not be directly involved in crowd control or disturbances, but would see positions
along transportation routes, hotel locations, and other posts associated with the convention itself. St.
Paul, Ramsey County, and Minneapolis PD will be providing the fast response teams to deal with
disturbances and protests.
The more important piece of this agreement is the slim but possible potential that protestors or
subversive groups will be active in areas outside the convention itself. They protested at a munition plant
in Anoka last week, they have targeted medical facilities in many suburban areas, and intelligence reports
have told us that corporations such as GRE and Cargill are likely to see activity during this four day
period. The JPA insures a reciprocal response. Should we need the help it will be available and provided.
Financial Impact
All costs incurred by the City of Elk River will be reimbursed 100% through the JPA. All officers will be
paid at their overtime rate, including those who might be detailed to this event while on-duty earning
regular pay.
Attachments
^ Letter from St. Paul Assistant Chief Bostrom
^ Joint Powers Agreement
S:\Council\Police\2008\Republican Conv JPA.doc
^ Insurance Bond
^ Terrorism Act Insurance Policy
^ Reimbursement Guidelines
^ Officer Requirements
^ Equipment List
^ Internal Affairs Notice
^ Motor Officer Request
^ League of MN Cities review of the JPA
Action Motion by Second by Vote
Follow Up
S:\Council\Police\2008\Republican Conv JPA.doc
Dlrl'AR"1'YlE1'T OF POLICE
John M. Flairinaurn. C'hiefnt Polite
CITY OF SAINT PAUL
C9tri,tnphtr U. Coleman, Naynr
Mav K. ZOOR
Dear Chief,
{/!(;nnx-.Stran•r %i~iapkone: h;!_'91~;rl1
S, Pu:d. Itrrur.:auur i?rUi hinsimik•'6?i _'!~! i'lr
We appreciate your willingness to assist us in. this once-in-a-lifetime opportwtity to showcase our
region. Your cooperation has made this daunting challenge much more manageable.
I have attached a copy of`the Joint Powers Agreement and the C'ertificatc of Insurance. If you or your
City administrator has a question about them, ,lobo Kelly of our City Attorney's office, Ron Guiltitile
from Risk Managetnent or, I will he available to respond.
Many officers have already been committed and are being trained. There is still the need for 1,UUU to
1,200 officers fur the venue or for transportation. It >vnuld he helpful to have an approximate number
from your city that will he available, along with specialty skills that they may have (SWAT, Bicycle,
Motors, ~•1c>unted, K9). Ple;ase intilrm us of'any shift pn:ferencc,~s and if you would like your officers
assigned as a group. W'e will need the approximate numbers of officers the first of June with the
intention of amfitTning assignmcnfs by the end ofJunc. We want to provide you and your officers time
to plan as well as transition into and out of the event schedule.
The City of Saint Paul is excited to host a national event of this scale and is very grateful for the
cooperation of so many of you. The SPPD is looking tbnvard to working with you and your officers to
provide a sate event for this world stage.
Sincerely,
~.,a ~--
. fall Bostrotn
Assistant Chief; Saint Paul Pcllice Department
Division of Homeland Security and Support Services
.',A-AUA-EEO Employer
JOINT POWERS AGREEMENT REGARDING PUBLIC SAFETY
RELATED TO 2008 REPUBLICAN NATIONAL CONVENTION
THIS JOINT POWERS AGREEMENT REGARDING PUBLIC SAFETY
RELATED TO 2008 REPUBLICAN NATIONAL CONVENTION (hereinafter referred to as
the "Agreement"), is made effective, except as otherwise made operationally effective as set
forth in Section 4 herein, on this 21st day of July, 2008, by and between the CITY OF SAINT
PAUL, MINNESOTA, a municipal corporation, (hereinafter referred to as the "City"), acting
through its Police Department (hereinafter referred to as the "SPPD") and the City of Elk River,
acting through its Police Department (hereinafter referred to as the "Provider").
WHEREAS, the City is a host city for the 2008 National Republican Convention to be held
between September 1, 2008 and September 4, 2008 (hereinafter referred to as the "2008 RNC");
and
WHEREAS, the City has entered into a "City Service Agreement For The 2008 Republican
National Convention" with the Minneapolis Saint Paul 2008 Host Committee, Inc., a Minnesota
non-profit corporation (hereinafter referred to as the "Host Committee"), whereby the City has
agreed to undertake certain public safety and security measures related to the 2008 RNC within
the boundaries of the City of Saint Paul, Minnesota, and all other special event venues related to
the 2008 RNC, and to act as the lead local law enforcement agency to help facilitate the
provision of such measures in other locations throughout the greater Saint Paul-Minneapolis
metropolitan area to which the RRT (as defined herein) may be deployed, or such other locations
that may be subject to a Unified Command (as defined herein) (hereinafter such above-described
locations shall be collectively referred to as the "Security Event");
WHEREAS, the City is in need of procuring additional law enforcement personnel to provide
the public safety and security measures required of an event the size and unique nature of the
2008 RNC; and
WHEREAS, the Elk River Police Department provides law enforcement services to the Provider
pursuant to the police powers and law enforcement authority granted under the laws of the State
ofMinnesota; and
WHEREAS, at the request of the City, the Provider is willing to provide the services of the law
enforcement personnel identified in this Agreement to the City to assist the SPPD with the
Security Event; and
WHEREAS, the Provider may also avail itself of a rapid response team (herein referred to as the
"RRT"), comprised of licensed peace officers employed by the SPPD and certain other law
enforcement organizations, that will be established for the sole and exclusive purpose of
providing public safety-related aid and assistance to law enforcement organizations throughout
1
the greater Saint Paul-Minneapolis metropolitan area that have entered into an agreement with
the City, similar to this Agreement, provided that such aid and assistance is actually and directly
related to the 2008 RNC, and only if such .aid and assistance is warranted by extraordinary
circumstances, all as more fully set forth in Section 3.6 herein.
NOW THEREFORE, pursuant to the authority contained in Minnesota Statutes Section 471.59,
commonly known as the Joint Powers Act, and/or Minnesota Statutes, Sections 626.76 and
626.77, and in consideration of the mutual covenants herein contained and the benefits that each
party hereto shall derive hereby, the Parties agree as follows:
PURPOSE OF THE AGREEMENT; BASIC CRITERIA OF LPOs AND NON-
LPOS
1.1 The purpose of this Agreement is to set forth the terms and conditions whereby the
Provider will provide the City with the professional services of those certain licensed
peace officers identified on Attachment A attached hereto (such licensed peace officers
identified on Attachment A shall be collectively referred to herein as the "LPOs") to
assist the SPPD with the Security Event, and to set forth the terms and conditions in
which the Provider, subject to Section 3.6 herein, can avail itself of the aid and assistance
of the RRT.
1.1.1 Subject to the prior written approval of the SPPD, the Provider may also provide
the City with persons who are employed and actively utilized by the Provider in a
public safety capacity who do not meet the criteria of an LPO as set forth in this
Agreement but whose special public safety training and experience may enable
such persons to provide further assistance to the SPPD with regard to the Security
Event (hereinafter such persons are identified on Attachment B attached hereto,
and shall be collectively referred to herein as the "Non-LPOs") (an example of a
Non-LPOs might include parking enforcement and/or traffic control officers,
detention staff, special deputies, and emergency center dispatchers). If the SPPD,
in its sole discretion, desires to use any Non-LPOs, the SPPD will so notify the
Provider in writing of the conditions by which the Non-LPOs will be used, and
such writing will be incorporated as an addendum to this Agreement.
1.1.2 Provider will exercise its best efforts to assist with the Security Event. The
parties acknowledge and agree that resource availability requires Provider to
exercise its best judgment in prioritizing and responding to the public safety needs
of its jurisdiction including, but not limited to, the Security Event.. That
prioritization decision belongs solely to Provider. This Agreement does not entitle
City or the Security Event to a higher priority or special consideration during
Provider's prioritization process. Further, Provider may, at any time, recall its
LPOs when, it is considered to be in Provider's best interest to do so.
1.2 Each of the LPOs must meet the following criteria as defined in Minnesota Statutes,
Sections 626.84, Subdivision 1(c) and 471.59, Subd. 12, which reads:
2
"(1) the peace officer has successfully completed professionally recognized peace officer
pre-employment education which the Minnesota Board of Peace Officer Standards and
Training has found comparable to Minnesota peace officer pre-employment education;
and
(2) the officer is duly licensed or certified by the peace officer licensing or certification
authority of the state in which the officer's appointing authority is located."
2 ADDITIONAL CRITERIA OF LPOs; PROVIDER SCOPE OF SERVICE
2.1 In addition to meeting the criteria set forth in Section 1 of this Agreement, the Provider
agrees that each of the LPOs shall also meet the following criteria:
A. That each LPO shall by reason of experience, training and physical fitness be
deemed in the sole discretion of the SPPD, that she/he is capable of performing
the duties required by the SPPD of each such LPO during the Security Event; and
B. That: (i) each LPO shall have been employed as a licensed peace officer for a
minimum of two (2) years in the United States; or (ii) in the event that an LPO
has been employed as a .licensed peace officer for less than two (2) years in the
United States, that such LPO will at all times when providing the services
described in this Agreement, be directly supervised by an LPO who in addition to
satisfying the minimum criteria described in this Section 2.1 B. (i), shall also
possess sufficient supervisory skills and experience generally recognized and
accepted throughout the greater Saint Paul-Minneapolis law enforcement
community; and
C. That each of the LPOs are officers in good standing with the Provider.
Throughout the term of this Agreement, the Provider shall promptly notify the
SPPD in the event that any LPO is no longer an officer in good standing with the
Provider.
D. That throughout the term of this Agreement and subject to Chapter 13,
Minnesota Statutes, commonly known as the "Minnesota Governmental Data
Practice Act" (hereinafter referred to as the "MGDPA"), the Provider shall give
notice using the form attached hereto as Attachment C, to the SPPD of any public
data, as defined by the MGDPA, related to internal affairs type of investigations
either pending and/or sustained against any LPO during the past three (3) years,
involving excessive/unnecessary/unreasonable use of force, improper conduct or
conduct unbecoming of a licensed law enforcement officer; and
E. That unless otherwise provided or requested by the SPPD, each of the LPOs
shall be equipped and/or supplied by Provider at Provider's own expense, with a
seasonally appropriate patrol uniform of the day and equipment, including but not
limited to service belts with Provider radio equipment, service weapon and
3
personal soft ballistic body armor that are required to be worn by each LPO while
on duty for the Provider; see Attachment E attached hereto for uniform and
equipment list; and
F. That Provider shall furnish all of the information required in Attachments
A and B attached hereto, for each LPO and Non-LPO, no later than ten (10)
business days after the effective date of this Agreement, with the understanding
that the City will hold the data in the same classification as the Provider does
under the MGDPA.
2.1.1 Provider acknowledges and agrees that at anytime during the term of this
Agreement the City has the sole discretion to decline to accept and/or use any
LPO or Non-LPO without cause or explanation.
2.2 The Provider agrees to provide the City with the following services:
A. That upon reasonable advance written notification from the SPPD,
each LPO so designated by the SPPD shall participate in training
activities related to the Security Event, that are coordinated or
conducted by the SPPD or its designee (hereinafter each such
training session shall be referred to as a "Security Event Training
Session") for a period of time commencing from the Security
Event Training Session Commencement Date to the Security Event
Training Session Termination Date as those .respective terms are
defined in Section 4 herein; and
B. That upon reasonable advance written notification from the SPPD,
each LPO so designated by the SPPD shall participate in the
Security Event for a period of time commencing from the Security
Event Commencement Date to the Security Event Termination
Date as those respective terms are defined in Section 4 herein.
C. That each LPO agrees to be placed by the SPPD, if so determined
by the SPPD, in an "On Assignment" status in which the LPO is
physically proximate to a Security Event location within the City
of Saint Paul, so as to be able to physically report in a timely
manner to such duty post assigned by the SPPD prepared to
undertake the specific j ob task or responsibility assigned to such
LPO by the SPPD related to the Security Event.
D. That at the request of the SPPD, each LPO and Non-LPO shall
participate in and/or provide information to and otherwise
cooperate with the SPPD in any "after action activities" following
the conclusion of a Security Event Training Session and/or the
Security Event. For purposes of this Agreement "after action
4
activities" may include, but not be limited to the following
activities related to Security Event Training Sessions and the
Security Event: debriefings of information and experiences,
completion of surveys and questionnaires and assisting and/or
participating in any civil and/or criminal legal proceedings.
2.3 Notwithstanding Section 12 herein, Provider acknowledges and agrees that at all times
during each Security Event Training Session and/or the Security Event, each LPO
regardless of such LPO's rank or job title held as an employee of the Provider, shall be
subject to a structure of supervision, command and control coordinated through a unified
law enforcement command and following unified command principals and practices
established throughout the law enforcement community (herein referred to as "Unified
Command").
2.4 The Provider agrees to cooperate and provide the City, with any other information
reasonably requested by the City that the City deems necessary to facilitate and enable
compliance with the terms and conditions contained in this Agreement. By way of
illustration only, such cooperation and information may include, but not be limited to the
Provider's timely completion and production of information required for insurance
purposes and audit purposes.
3 CITY RESPONSIBILITIES
3.1 City agrees that it will provide or facilitate the Security Event Training Session[s], the
SPPD deems necessary. The substance of the training, including the locations, dates and
times of any Security Event Training Session, shall be detailed in a separate writing
provided from the SPPD to the Provider.
3.2 The City anticipates certain financial assistance will be provided to it by the federal
government and/or third parties other than the City (hereinafter referred to as the
"Security Subsidy"), to fully and completely fund and/or reimburse the Provider for the
necessary costs of participating in the Security Event Training Session[s], the Security
Event, the RRT and any "after action activities" related thereto. Subject to the City's
good faith duty to provide the Provider with as much advance written notice that is
reasonable under the circumstances that the Security Subsidy is insufficient to reimburse
all or a portion of the costs and expenses described in this Agreement, Provider
acknowledges and agrees that the City's obligation to reimburse such costs or expenses
shall be limited only to the funds available in the Security Subsidy. In such event, City
agrees that funds available shall be distributed between/among Provider and any other
law enforcement organizations providing services under this or similar agreements in, at
least, a ratio based on each organization's contribution as a share of the total
contributions
3.3 Subject to the prior written approval of the City and the Provider's compliance with the
requirements of Section 5 of this Agreement, the City agrees to provide reimbursement
from the Security Subsidy to the Provider for each LPO and Non-LPO whose services are
actually utilized by the SPPD during the Security Event Training Sessions and/or the
Security Event, for the following: the prevailing hourly contract wages at the rate of one
and one-half times, together only with the employer's share of Medicare and PERA
contributions being paid by the Provider to each LPO and Non-LPO (based on such
hourly wages and employer's share of Medicare and PERA contributions described in
Attachments A and B attached hereto) at the time the services of such LPO or Non-LPO
have been actually utilized by the SPPD in accordance with this Agreement. Unless
otherwise agreed to in writing by the City, the City shall only reimburse the Provider in
accordance with this Agreement for any pre-approved reimbursable costs incurred by the
Provider related to the actual participation by an LPO or Non-LPO in a Security Event
Training Session, only upon the satisfaction of one of the following conditions: (a) the
actual participation by such LPO or Non-LPO in the Security Event as required by the
SPPD; or (b) such LPO or Non-LPO, was ready, willing and available to participate in
the Security Event as required and needed by the SPPD hereunder, despite the LPO or
Non-LPO not having actually participated in the Security Event.
3.4 The person responsible on behalf of the SPPD for the daily operation, coordination and
implementation of this Agreement, which responsibilities shall include, but not limited to,
determining the assignments of the LPOs, shall be SPPD Assistant Chief Matt Bostrom
(hereinafter referred to as the "Coordinator"). Except as otherwise provided in this
Agreement, all contact or inquiries made by the Provider with regard to this Agreement
shall be made directly to the Coordinator or the Coordinator's designee.
3.5 The City shall provide the Provider with the eligibility guidelines for the costs described
in this Section 3 and a checklist for submitting the Reimbursement Payment Form
attached hereto as Attachment F, and related required documentation.
3.6 The RRT will be established .for the sole and exclusive purpose of providing public
safety-related aid and assistance as requested by law enforcement organizations with the
legal responsibility for providing police services to local units of government throughout
the Twin Cities metropolitan area (hereinafter referred to as the "Requesting Party"),who
have entered into an agreement substantially similar to this Agreement, with the City,
provided that: (i) such aid and assistance is actually and directly related to the 2008 RNC;
and (ii) only if such aid and assistance is warranted by extraordinary circumstances. For
purposes of this Agreement, the term "extraordinary circumstances" shall mean those
circumstances that significantly exceeds the usual and customary ability of the
Requesting Party to effectively and safely provide police services within its jurisdictional
boundaries (which by way of example only, may include, but not be limited to, providing
security for critical infrastructure, transportation routes and venues and .facilities).
Nothing contained in this Agreement shall preclude the Provider from also becoming a
Requesting Party and availing itself of the RRT in accordance with this Section 3.6.
4 TERM OF AGREEMENT
6
4.1 Unless otherwise terminated earlier as provided in Section 16 herein, this Agreement
shall become operationally effective as follows:
4.1.1 Security Event Training Sessionf sl -The Security Event Training Session
Commencement Date and the Security Event Training Session Termination Date
shall be the date[s] and time[s] so referenced in the writing described in Section
2.2 A of this Agreement which writing will incorporate the terms and conditions
of this. Agreement.
4.1.2 Security Event -The Security Event Commencement Date and the Security Event
Termination Date shall be the date[s] and time[s] so referenced in a separate
writing to be provided by the SPPD to the Provider, which writing will
incorporate the terms and conditions of this Agreement.
4.1.3 The SPPD reserves the reasonable discretion to extend the Security Event
Training Session Termination Date[s] and the Security Event Termination Date
upon verbal or other non-written notice provided to Provider.
5 BILLINGS AND PAYMENTS
5.1 That in consideration for the Provider's faithful performance of this Agreement, the City
hereby agrees to compensate Provider from the Security Subsidy as provided in Section 3
herein and this Section 5. Notwithstanding any other provision contained in this
Agreement, the Provider agrees that the City's reimbursement to the Provider from the
Security Subsidy for all aggregate reimbursable costs and expenses, otherwise allowable
in Section 3 herein, shall not exceed an amount to be mutually agreed to by the City and
the Provider, no later than June 30, 2008. This not to exceed amount shall be
memorialized in a separate writing that will be incorporated as an addendum to this
Agreement.
5.2 Reimbursement Requirements
5.2.1 Except as may otherwise be provided either by this Agreement or with the written
consent of the City, any payments due and owing by the City to the Provider for
approved reimbursable costs and expenses described in this Agreement for which
the Provider has completed and delivered to the City all of the documentation
required herein, shall be made no earlier than the Security Event Termination
Date. Subject to the conditions described in this Section 5.2.1, the City shall make
every effort to make the payment to the Provider within thirty-five (35) days after
the City's receipt of all of the documentation required herein.
5.2.2 As a condition precedent to receiving any reimbursement from the City for
approved reimbursable costs and expenses described in this Agreement, the
Reimbursement Payment Form, referenced in Attachment F, attached hereto,
must:
7
A. Be submitted to the City no later than November 15, 2008, unless such
deadline is otherwise extended with the written consent of the City. The.
Reimbursement Payment Form shall be submitted to the Attention of Lori
Lee, Office of Financial Services, 15 West Kellogg Boulevard, Room 700,
City of Saint Paul, MN 55102; and
B. Include a cover letter signed by the Provider's Chief Financial Officer or
his/her designee, detailing the total amount sought to be reimbursed and a
including a summary narrative and cost overview that provide context to
.the submission, including any unusual circumstances, all provided under
the following certification: "I certify that all information presented in this
application supports only costs incurred for security related services
provided for the 2008 Republican National Convention, and that all
information was obtained from payroll records, invoices or other
documents that are available for audit. "; and
C. Include an itemized invoice as specified on checklist; and
D. Include all back-up documentation, as outlined on the checklist provided
by the City to the Provider.
5.2.3 In addition to any other requirements contained herein, Provider agrees that it will
promptly provide to the City upon request, any other information or
documentation of approved reimbursable costs and expenses described in this
Agreement as may be required by the federal government as a condition to the
City's receipt of the Security Subsidy. All records must be maintained for future
audits and the entity being reimbursed will be fiscally responsible for the results.
of any such audit.
5.2.4 Any questions regarding this reimbursement process should be directed to:
Lori Lee or designee, Office of Financial Services.
5.2.5 The Provider acknowledge and agree that the City's obligations to provide
reimbursement pursuant to this Agreement are solely and exclusively limited to
the Security Subsidy, -and that the City shall not be liable for any payment
hereunder: (i) to the extent that the Security Subsidy is insufficient to fully
reimburse the Provider and the City provides the notice described in Section 16 of
this Agreement; or (ii) in the event that the fender[s] of the Security Subsidy
determine, independent of the City and the SPPD, that a cost that may otherwise
be reimbursable pursuant to the terms of this Agreement, is not eligible for
reimbursement and that any payment for reimbursement previously made by the
City to the Provider is deemed to be ineligible by the fender[s] and is required to
be returned to the fender[s].
5.3 In the event the Provider fails to comply with any terms or conditions of the Agreement
or to provide in any manner the work or services as agreed to herein, the City reserves the
right to withhold any payment until the City is satisfied that corrective action has been
taken or completed. This option is in addition to and not in lieu of the City's right to
termination as provided in the sections of this Agreement.
6 AGREEMENT MANAGEMENT
6.1 In addition to the person described in Section 2.3 of this Agreement, the Provider has
identified the following person[s] as persons to contact only with regard to the following
matters regarding the Agreement:
Jeffrey A. Beahen Chief of Police-Law Enforcement Contact
Tim Simon Finance Director
7 WORK PRODUCTS, RECORDS, DISSEMINATION OF INFORMATION
7.1 For purposes of this Agreement, the following words and phrases shall have the meanings
set forth in this section, except where the context clearly indicates that a different
meaning is intended.
"Work product" shall mean any report, recommendation, paper, presentation, drawing,
demonstration, or other materials, whether in written, electronic, or other format that are
used or belong to SPPD or results from Provider's services under this Agreement.
"Supporting documentation "shall mean any surveys, questionnaires, notes, research,
papers, analyses, whether in written, electronic, or in other format and other evidences
used to generate any and all work performed and work products generated under this
Agreement.
"Business records " shall mean any books, documents, papers, account records and other
evidences, whether written, electronic, or in other format, belonging to SPPD or Provider
and pertain to work performed under this Agreement.
7.2 All deliverable work products, supporting documentation and business records or copies
thereof, that are needed from or are the results from the Provider's services under this
Agreement shall be delivered to the City either pursuant to this Agreement or upon
reasonable request of the City.
7.3 The City and the Provider each agrees not to release, transmit, disclose or otherwise
disseminate information associated with or generated as a result of the work performed
under this Agreement without prior notice to the other. Except as otherwise required by
federal and/or state law, neither the City nor the Provider shall release, transmit, disclose
or disseminate any security information, security service or security service data, defined
under Minnesota Statutes, Sections 13.37 and 13.861 or any like data, as defined and/or
required in all federal, state, and local laws or ordinances, and all applicable rules,
9
regulations, and standards.
7.4 In the event of termination, all supporting documents and business records prepared by
the Provider under this Agreement, shall be delivered to the City by Provider by the
termination date.
7.5 Both the City and the Provider agree to maintain all business records in such a manner as
will readily conform to the terms of this Agreement and to make such materials available
at its office at all reasonable times during this Agreement period and for six (6) years
.from the date of the final payment under the contract for audit or inspection by the City,
the Provider, the Auditor of the State of Minnesota, or other duly authorized
representative.
7.6 Both the City and the Provider agree to abide strictly by Chapter 13 ,Minnesota
Government Data Practice Act, ("MGDPA")and in particular Minnesota Statutes,
Sections 13.05, Subd. 6 and 11; 13.37, Subd. 1 (b), 138.17 and 15.17. All of the data
created, collected, received, stored, used, maintained, or disseminated by the Provider or
the City in performing functions under this Agreement is subject to the requirements of
the MGDPA and both the City and the Provider must comply with those requirements. If
any provision of this Agreement is in conflict with the MGDPA or other Minnesota state
laws, state law shall control.
8 EQUAL OPPORTUNITY EMPLOYMENT
Neither the City nor the Provider will discriminate against any employee or applicant for
employment for work under this Agreement because of race, creed, religion, color, sex,
sexual or affectional orientation, national origin, ancestry, familial status, age, disability,
marital status, or status with regard to public assistance and will take affirmative steps to
ensure that applicants are employed and employees are treated during employment
without regard to the same.
This provision shall include, but not be limited to the following: employment, upgrading,
demotion, or transfer; recruitment advertising, layoff or termination; rates of pay or their
forms of compensation; and selection for training, including apprenticeship.
9 COMPLIANCE WITH APPLICABLE LAW
Both the City and the Provider agree to comply with all federal, state, and local laws or
ordinances, and all applicable rules, regulations, and standards established by any agency
of such governmental units, which are now or hereafter promulgated insofar as they relate
to their respective performances of the provisions of this Agreement.
10 CONFLICT OF INTEREST
10.1 Both the City and the Provider agree that it will not contract for or accept employment for
the performance of any work or services with any individual, business, corporation, or
government unit that would create a conflict of interest in their respective performances
10
of their obligations pursuant to this Agreement.
10.2 Acceptance of this Agreement by both the City and the Provider indicates compliance
with Chapter 24.03 of the Saint Paul Administrative Code, which provides that: "Except
as permitted by law, no City official or employee shall be a party to or have a direct
financial interest in any sale, lease, or contract with the City."
10.3 Both the City and the Provider agree that, should any conflict or potential conflict of
interest become known, the party learning of such conflict or potential conflict shall
advise the other party of the situation so that a determination can be made about each
party's ability to continue performing services under this Agreement.
11 INSURANCE
11.1 The Host Committee for the 2008 RNC, at its own cost, shall provide the following
insurance coverage in which the Provider shall be covered as a named insured party:
A. Police Professional Insurance (the "Insurance Coverage") providing coverage
for claims arising out of actions of each LPO and Non-LPO who provide security
and law enforcement during the convention and convention related events with a
limit of coverage not less than Ten Million Dollars ($10,000,000), as evidenced
by a certificate of insurance provided to the Provider providing at least a ten (10)
day notice of cancellation or any significant material change. in coverage.
11.1.1 The Provider agrees to be bound by the terms and conditions contained in the
Insurance Coverage policy ("Policy"), the terms and conditions of which are
incorporated herein by reference.
11.1.2 The parties acknowledge and agree that the Insurance Coverage shall only provide
coverage during the time period set forth in the Policy.
11.1.3 The Provider agrees that is shall cooperate with the insurer who will be
underwriting the Insurance Coverage by timely providing information as
reasonably requested by said insurer or its designees. For purposes of this Section
11.1.3, this cooperation will include, but not be limited to both the underwriting
process and the claims process, and this obligation shall survive and extend if
necessary, beyond the termination. of this Agreement.
11.2 The Provider shall be responsible for injuries or death of its own LPOs and Non-LPOs.
The Provider will maintain workers' compensation insurance or self-insurance equivalent
coverage, covering each of its own LPOs and Non-LPOs while such LPOs and Non-
LPOs are providing services pursuant to this Agreement. The Provider waives the right to
sue any other party for any workers' compensation benefits paid to its own LPOs or Non-
LPOs and any dependants of such LPOs and Non-LPOs, even if the injuries were caused
wholly or partially by the negligence of any other party.
11
12 INDEPENDENT CONTRACTOR; RULES. OF CONDUCT
12.1 Notwithstanding any other provision of this Agreement, including, but not limited to
Section 2.3, it is understood and agreed by the parties hereto that, at all times and for all
purposes within the scope of the Agreement, the relationship of the Provider to the City is
that of independent contractor and not that of employee. No statement contained in this
Agreement shall be construed so as to find the Provider or the LPOs and Non-LPOs, to
be employees of the City, and the Provider shall be entitled to none of the rights,
privileges, or benefits of City employees.
12.2 During the Security Event Training Session[s] and the Security Event, each LPO shall be
required to comply with the rules of conduct established by the Provider, the SPPD
and/or the Unified Command. In the event that a conflict exists between the Provider's
rules of conduct and the SPPD's rules of conduct and the Unified Command has not
otherwise provided rules of conduct, the SPPD's rules of conduct shall apply. The
Coordinator or his designee shall refer disciplinary matters involving LPOs to the
Provider for an investigation. Based on the judgment of the Coordinator or his designee,
if a particular matter represents probable cause for the issuance of a criminal complaint,
the matter shall be referred directly to an external law enforcement agency for
investigation, provided the person's agency head is notified in advance thereof.
13 SUBCONTRACTING.
Both the City and the Provider agree not to enter into any subcontracts for any of the
work contemplated under this Agreement without obtaining prior written approval of the
other party.
14 MUTUAL RESPONSIBILITY; NO WAIVER OF IMMUNITIES
14.1 Each party hereto agrees that it will be responsible for its own acts ancUor omissions and
those of its officials, employees, representatives and agents in carrying out the terms of
this Agreement and the results thereof to the extent authorized by law and shall not be
responsible for the acts and/or omissions of the other party and the results thereof.
Notwithstanding the foregoing, nothing contained in this Section 14.1 shall waive, nor
shall be construed to waive any rights and benefits either party has with regard to its
status under the insurance coverage described in Section 11 of this Agreement.
14.2 It is understood and agreed that each party's liability shall be limited by the provisions of
Minnesota Statutes, Chapter 466 (Tort Liability, Political Subdivisions) or other
applicable law. Nothing contained in this Agreement shall waive or amend, nor shall be
construed to waive or amend any defense or immunity that either party, their respective
officials and employees, may have under said Chapter 466, or any common-law
immunity or limitation of liability, all of which are hereby reserved by the parties hereto.
12
15 ASSIGNMENT
The City and the Provider each binds itself and its successors, legal representatives, and
assigns of such other party, with respect to all covenants of this Agreement; and neither
the City nor the Provider will assign or transfer their interest in this Agreement without
the written consent of the other.
16 EVENTS OF DEFAULT; TERMINATION
16.1 By the City -The City may terminate this Agreement based on the occurrence of any of
the following events:
A. the cancellation of the 2008 RNC;
B. the determination made in the sole discretion of the City, that the
Security Subsidy is insufficient to reimburse all or a portion of the
costs and expenses described in Section 3 of this Agreement,
which determination must be made and disclosed to the Provider
prior to the Security Event Commencement Date;
C. the failure of the Host Committee to purchase and provide the
insurance coverage described in Section 11 of this Agreement in a
timely manner determined by the City;
D. the failure of the Provider to comply with or perform any term,
condition or obligation contained in this Agreement and to fail to
cure such default within seven (7) calendar days after the City or
SPPD provides Provider with notice of such default.
16.2 B_y the Provider -The Provider may terminate this Agreement based on the occurrence
of any of the following events:
A. without cause, prior to any Security Event Training Session[s]
Commencement Date[s] in which any of the Provider's LPOs shall
participate;
B. the cancellation of the 2008 RNC;
C. .the failure of the Host Committee to provide the Provider with
evidence in the form of a certificate of insurance naming the
Provider as a named insured in the policy of insurance coverage
described in Section 11 of this Agreement;
D. the Provider's receipt of the notice described in Section 3.2 of this
13
Agreement;
E. the failure of the City to comply with or perform any term,
condition or obligation contained in this Agreement and to fail to
cure such default within seven (7) calendar days after the Provider
provides the SPPD with notice of such default.
16.3 Both the City and the Provider shall act in good faith, to provide as much advance written
notice of an event of default in this Section 16, to the other party that is reasonable under
the circumstances.
16.4. In the event of termination, the City will only pay Provider for those services actually,
timely, and faithfully rendered up to the receipt of the notice of termination and thereafter
until the date of termination. Except as otherwise provided in this Section 16.4, neither
the City nor the Provider shall be entitled to the recovery of any consequential damages
or attorney fees related to an event of default hereunder.
17 GOOD FAITH DISPUTE RESOLUTION
The City and the Provider shall cooperate and use their best efforts to ensure that the
various provisions of this Agreement are fulfilled and to undertake resolution of disputes,
if any, in good faith and in an equitable and timely manner. In the event such a dispute
arising out of or relating to this Agreement or breach thereof cannot be resolved
exclusively among the parties, such dispute shall be referred to non-binding mediation
before, and as a condition precedent to, the initiation of any legal action hereof, provided
for herein. Each party agrees to participate in up to four hours of mediation. The
mediator shall. be selected by the parties, or if the parties are unable to agree on a
mediator then any party can request the administrator of the Ramsey County District
Court Civil ADR Program and/or similar person, to select a person from its list of
qualified neutrals. All. expenses related to the mediation shall be borne by each party,
including without limitation, the costs of any experts or legal counsel. All applicable
statutes of limitations and all defense based on the passage of time are tolled while the
mediation procedures are pending, .and for a period of 30 days thereafter.
18 AMENDMENT OR CHANGES TO AGREEMENT
18.1 Any alterations, amendments, deletions, or waivers of the provisions of this Agreement
shall be valid only when reduced to writing and duly signed by the parties hereto, after all
appropriate and necessary authority has been acquired by each such party.
18.2 .Modifications or additional schedules shall not be construed to adversely affect vested
rights or causes of action which have accrued prior to the effective date of such
amendment, modification, or supplement. The term "this Agreement" as used herein
shall be deemed to include any future amendments, modifications, and additional
schedules made in accordance herewith.
14
19 NOTICES
Except as otherwise stated in this Agreement, all notice or demand to be given under this
Agreement shall be delivered in person or deposited in United States Certified Mail,
Return Receipt Requested. Any notices or other communications shall be addressed as
follows:
To City: To Provider:
20 WAIVER
Any fault of a party hereto to assert any right under this Agreement shall not constitute a
waiver or a termination of that right, this Agreement, or any of this Agreement's
provisions.
21 SURVIVAL OF OBLIGATIONS
21.1 The respective obligations of the City and Provider under these terms and conditions,
which by their nature would continue beyond the termination, cancellation, or expiration
hereof, shall survive termination, cancellation or expiration hereof.
21.2 If a court or governmental agency with proper jurisdiction determines that this
Agreement, or a provision herein is unlawful, this Agreement or that provision, shall
terminate. If a provision is so terminated but the parties hereto legally, commercially, and
practicably can continue this Agreement without the terminated provision, the remainder
of this Agreement shall continue in effect.
22 INTERPRETATION OF AGREEMENT
This Agreement shall be interpreted and construed according to the laws of the State of
Minnesota.
23 FORCE MAJEURE
Neither the City nor the Provider shall be held responsible for performance if its
performance is prevented by acts or events beyond the party's reasonable control,
including, but not limited to: severe weather and- storms, earthquake or other natural
occurrences, strikes and other labor unrest, power failures, electrical power surges or
current fluctuations, nuclear or other civil military emergencies, or acts of legislative,
judicial, executive, or administrative authorities.
24 ENTIRE AGREEMENT
15
It is understood and agreed that this entire Agreement supersedes all oral agreements and
negotiations between the parties hereto relating to the subject matters herein.
IN WITNESS WHEREOF, the parties hereto are authorized signatories and have
executed this Agreement, the day and year first above written.
CITY OF SAINT PAUL
By:
Its: Mayor
Date:
Approval Recommended:
By:
Its: Chief of Police
Saint Paul Police Department
By:
Its: Director, Office of Financial Services
By:
Its: Director, Department of Human Rights
Approved as to form and legality:
By:
Its: Assistant City Attorney
Funding:
Activity # and Activity Manager Signature
STATE/CITY/COUNTY OF
By:
Its: Mayor
Date:
Approval Recommended:
By:
Its: Chief of Police
Elk River Police Department
By:
Its: Director of Finance
Approved as to form and legality:
By:
Its:
City Administrator
Provider's Taxpayer I.D. No,
16
One N. Franklin Street
SW@tt & CraW'~'~~CE i~ (SSUE~' 1''URSUANT TO Suite 1400
1vcSE)7A St'~F'1.U;3 '..I.~V'E^ INSURANCE Chicago, IL 60606
ACT . THE ~'N`'.'.."• :: ~ ~::. ~±+• ::F iGir~Lor SURPLUS
t.fNE3 l~s<,J~-'"` "~~ ` ':~ c~0, OTHERWISE Phone: 312.621-1770
€.(CENuLrt ;.:'° : - " .`;"r,,';•i: OF• MINNESOTA. Ild Fax: 312-621-0262
.CASE OF (PJSOi:fE~iGi'. r^,+~y'i41ENT OF CLAIMS
IS NOT GUARANTEED.
May 1, 2008
CONFIRMATION OF COVERAGE BOUND
The coverage outlined below may not conform to the terms and conditions you requested. Please check carefully. Swett &
Crawford and its affiliated companies disclaim any responsibility for your failure to reconcile the original submission with
coverages bound herein. This document is intended for use as evidence that the insurance, as described herein, has been
effected and shall be subject to all terms and conditions of policy(ies) which will be issued and that, in the event of any
inconsistency herewith, the terms and provisions of such policy(ies) shall prevail
Broker:. Aon Risk Services-Minneapolis
8300 Norman Center Drive, Suite 400
Minneapolis, MN 55437
INSURED: The Minneapolis St. Paul 2008 Host Committee Inc; The City of St. Paul; The RNC;
The COA; and any entity/municipality that enters into a JPA
Mailing Address: Attn: Gary Wieise
180 E. 5th St.
Suite 1200
St. Paul, MN SS102
Company: Lexington Insurance Company Policy No.: 180-8923
Effective Date: 04/30/2008 Expiration Date: 09/20/2008
Coverage: Law Enforcement Professional Liability
Policy Form: Occurrence - 64086 (01/96)
Limits of Liability: $ 10,000,000 Each Wrongful Act Limit
$ 10,000,000 Annual Aggregate Limit
Defense Expenses are Outside the policy limit
Deductible: None
Premium/Taxes/Fees: $ 1,050,000.00 Premium
~ 31.500.00 3% Sumlus Lines Tax - MN
$ 1,086,500.00 Total Premium
SVYETT & CRAWFORD IS RESPONSIBZE FOR FILIrt(G OF SURPLUS LINES TAXES
Minimum Earned:
Retail Commission:
Company is:
100% Minimum Earned Premium
11.0%
Non-Admitted
TERMS AND CONDITIONS: Per Insurance Company Form including but nat limited to:
Cancellation Provisions: Importalrt: This insurance cannot be cancelled flat. Earned premium must be paid for the
time insurance has been in force. This Confirmation of Binding is a statement concerning the
above insurance as of the date of the issuance of this Confirmation of Binding. This
Confirmation of Binding is subject to policy conditions of any policy(ies) which may be
issued by Lexington Insurance Company and shall be automatically cancelled and superseded
by such policy(ies) upon issuance.
Page 1 of 2
The Minneapolis St. Pau12008 Host Committee Inc; The City of St. Paul; The ItNC;
The COA; and any entity/municipality that enters into a ,JPA
Policy No.: 180-8923
Other Conditions:
Endorsements:
Patrol Access Endorsemem (copy attached)
War exclusion endorsement
Minimum Earned premium
Coverage Territory Limitation Endorsement
Terrorism Premium Charge endorsement
Fungus/Mold Exclusion
Cross Suits Endorsement
Additional Conditions, Information or Contingencies:
This binder includes certain information regazding the terms and conditions of the policy. >f there is any
conflict between the terms and conditions stated in this binder and the terms and conditions of the policy when
issued, the terms and conditions of the policy shall govern.
Subject To: Exposure Base: N/A
Rate: not auditable
Claims Notification:
Sweit ^'& rrawfo
.,
ny: ~ '
(Authorized Representative)
Page 2 of 2
~~ Midwestern Risk Specialists. Inc.
Casualty Divisi on -Suite 2100
300 South Riverside Plaza
Chicago, IL 60 6 0 6-86 13
312.876.3915 Fax
POLICYHOLDER DISCLOSURE STATEMENT
UNDER
TERRORISM RISK INSURANCE ACT OF 2002
Line of Business: Law Enforcement Professional Liability
Named Insured: The Minneapolis St. Paut 2008 Host Committee Inc; The City of St. Paul; The
RNC; The COA; and any entity/:municipality that enters into a JPA.
You are hereby notified that under the federal Terrorism Risk Insurance Act of 2002
(the "Act") effective November 26, 2002, you now have a right to purchase insurance
coverage for losses arising out of an Act of Terrorism, which is defined in the Act as an act
certified by the Secretary of the Treasury (i) to be an act of terrorism, (ii) to be a violent act
or an act that is dangerous to (A) human life; (B) property or (C) infrastructure, .(iii) to have
resulted in damage within the United States,. or outside of the United States in case of an air
carrier or vessel or the premises of a U.S. mission and (iv) to have been committed by an
individual or individuals acting on behalf of any foreign person or foreign interest, as part of
an effort to coerce the civilian population of the United States or to influence the policy or
affect the conduct of the United States Government by coercion. You should read the Act for
a complete description of its coverage. The Secretary's decision to certify or not to certify
an event as an Act of Terrorism and thus covered by this law is final and not subject to
review. There is a $100 billion dollar annual cap on all losses resulting from Acts of Terrorism
above which no coverage will be provided under this policy and under the Act unless Congress
makes some other determination.
For your information, coverage provided by this policy for losses caused by an Act of
Terrorism may be partially reimbursed by the United States under a formula established by
the Act. Under this formula the United States pays 90% of terrorism losses covered by this
law exceeding a statutorily established deductible that must be met by the insurer, and which
deductible is based on a percentage of the insurer's direct earned premiums for the year
preceeding the Act of Terrorism.
Coverage for Acts of Terrorism is included in your Quoted Premium. The
portion of your Quoted premium that is attributable to the coverage for Acts of
Terrorism is is 550,000.
AMerrber of Americanlrxernational Group, Inc.
ATTACHMENT F
Reimbursement Guidelines and Checklist
The guidelines and checklist identifies the required documents for a complete
reimbursement package. Original submissions that are complete will simplify the review
process and expedite the processing of your payment. The City may modify or clarify
guidelines as it determines necessary or request additional information or
documentation in order to meet grant and intema/ auditing requirements. The City will
make every effort to .process payment within 35 days after complete Reimbursement
Request Package has been received and no additional documentation or information is
needed.
Eligible Costs (JPA Section 2.2)
All costs, regardless of eligibility listed below, must be supplemental to and not supplant
the normal costs of doing business. Payments will be made on a reimbursement basis
only -- all costs must have been incurred.
Wages (JPA Section 3.3) s Payment will be made for actual regular and
overtime contractual wages for each LPO on assignment by SPPD meeting the
criteria for on-site status.
2. Fringe Benefits while on assignment (JPA Section 3.3) -The only fringe benefits
reimbursed will be:
Medicare at current rate of 1.45% and
PERA Pension at anticipated 2008 rate of 12.9%
Ineligible Reimbursement Costs
In addition to the ineligible costs stated in the JPA, no reimbursement will be provided
for:
1. Uniforms and equipment listed in Attachment D
2. Fringe benefits incurred over Medicare and PERA Pension costs.
3. Security Event Training if LPO is not available for assignment for the Security
Event.
4. Providers costs for the administration or implementation of the JPA.
Timeframe for Costs
Costs must be incurred within the dates of the Security Event Training Sessions,
the Security Event, which is the 2008 RNC convention (currently scheduled from
Monday, September 1, through Thursday, September 4, 2008) and approved After
Action Activities as scheduled by SPPD.
Checklist for Submitting Reimbursement Request Package
Cover Letter - A cover letter from the Provider must be submitted as follows:
Include the statement: "I certify that all information presented in this application
supports only costs incurred for security related services provided for the 2008
Republican National Convention and that all information was obtained from
payroll records, invoices, or other documents that are available for audit."
Include the statement: "All payroll records and other supporting documentation
will be maintained for audit for seven years."
Include the statement that the entity: "takes full responsibility for reimbursing the
federal government for any costs which are subsequently deemed ineligible by
any future federal audit."
Signature of the Chief Financial Officer or official designee as indicated in the
J PA.
Invoice from Provider=s Finance system which summarizes reimbursement
request and provides a description of services provided.
Reimbursement Payment Form B
_Form provided by the City MUST be attached to invoice and provided
electronically in Excel format, either on CD, disk, or by a-mail.
List each LPO=s:
Name and title
Each day worked
Assigned location as determined by SPPD
Category of Work:
A -Increased Security at Critical Facilities
B -Traffic Control and Direction
C -Emergency Operations Center
D -Public Safety Response
Regular hours and rate of pay
Overtime hours and rate of pay
Total reimbursement of wages requested
Reimbursable Fringe benefits for Medicare at 1.45% and PERA pension
at 12.9%
Other mileage, meal or lodging per diem as approved by SPPD
Required Documentation
Payroll verification -Must provide proof of the amount paid to each LPO as
listed on Reimbursement Payment Form. This documentation must be in the
form of a report from Provider=s payroll system for time period(s) in which the
LPO was on assignment from SPPD. Report must indicate the LPO=s name,
dates worked, nu-tuber of regular and overtime hours, date paid and amount of
payment for regular and overtime hours.
Timesheets B SPPD will provide roster which will require LPO to sign in at the
designated location. Timesheets from the Provider detailing hours worked may
be required to support the reimbursement reques# if not available from payroll
system.
Overtime Documentation B Must provide documentation that is needed to
show regular hours were worked, to qualify for overtime rates. This information is
best provided on the payroll verification, by including proof of regular pay. Other
documentation may be used, but must demonstrate that overtime pay was
qualified to be paid because the required regular hours were worked.
Collective Bargaining Agreement B Must provide a copy of the current
approved agreement which includes effective dates and appropriate wage
schedules.
ATTACHMENT E
LPO CRITERIA CHECKLIST
Each Provider must state that each of the LPOs they are submitting for service under
the Joint Powers Agreement meets the following criteria:
A. Education and Licensing
1. Is a peace officer who has successfully completed professionally
recognized peace officerpre-employment education which the Minnesota
Board of Peace Officer Standards and Training has found comparable to
Minnesota peace officer pre-employment education; and.
2. Is an officer who is duly licensed or certified by the peace officer licensing
or certification authority of the state in which the officer's appointing
authority is located. (From Minnesota Statutes, Sections 626.84,
Subdivision 1(c) and 471.59, Subd. 12); and
3. Is, and has been, employed as a licensed peace officer for a minimum of
two (2) years in the United States.
B. Capable - Is, by reason of experience, training and physical fitness,. deemed
capable of performing the duties required by the SPPD during the Security Event
by the sending agency.
C. Good Standing
Is currently in good standing with the Provider; and
2. Is an officer without any pending and/or sustained internal affairs type of
investigations within the past three (3) years, involving
excessive/unnecessary/unreasonable use of force, improper conductor
conduct unbecoming of a licensed law enforcement officer. (If an officer
has a pending and/or sustained internal affairs type of investigations within
the past three (3) years, for one fo the above types of conduct, Provider
must submit to SPPD, at the time the data is created or collected, all data
of each investigation and any later final disposition, using Internal Affairs
Reporting Form. If there are any pending investigations at the time
Provider submits the Pre-Convention Information Form, Provider must
submit the Internal Affairs Reporting Form then. Provider is also obligated
to continuously update the SPPD on any subsequent data of this type, for
each LPO, using the Internal Affairs Notice Form JPA Attachment C).
D. Equipment
1. Line Patrol - Is equipped and/or supplied by Provider at Provider=s own
expense, not to be reimbursed under the JPA, with a seasonally
appropriate patrol uniform of the day and equipment, including but not
limited to (See JPA Attachment D):
a. Normal Line Patrol Working Uniform -Provider=s;
b. Outer wear Uniform appropriate for conditions, i.e. jackets and hats
- Provider=s;
c. Rain wear;
d. Duty Belt with Provider=s approved items, i.e. Taser, Mace etc.;
e. Portable Radio -Provider=s ;
f. Sidearm -Provider Approved;
g. Personal Armor -Provider=s;
h. Traffic Control Vest;
i. Riot .Helmet - if Provider required and provided; and
j. Gas Mask - if Provider required and provided.
2. Personal Specialty Equipment- Is equipped and/or supplied by Provider at
Provider=s own expense, not to be reimbursed under the JPA, with
personal specialty equipment required to fulfill listed assignments for any
specialty detail of the following:
a. Motorcycle;
b. Bicycle;
c. Horse;
d. Canine;
e. SWAT;
f. Bomb;
g. Water patrol; and
h. Civil Disturbance;
i. Etc.
II. Pre-RNC Required Information for Licensed Peace Officers and Election of Option Form
A. Information required on the form:
1. Employee Name;
2. Rank;
3. Years of Service;
4. Internal Affairs Information;
5. Regular Hourly Rate of Pay for the Named Officer Under Current or Settled
Union Contract;
6. Overtime Hourly Rate of Pay for the Named Officer Under Current or
Settled Union Contract; and
7. Anticipated Reimburse Cost Items. SPPD needs to be able to anticipate
and determine costs associated with meals, travel and lodging. Therefore,
SPPD needs each Provider to submit travel and lodging cost they will seek
reimbursement for on the form, for each officer. Also, if an officer is not
going to eat SPPD supplied meals, SPPD needs to know that information
also, since it is a cost item.
a. Meals - SPPD will provide meals for all officers while attending the
Security Event Training, the Security Event, and any After Action
Activities.
b. Travel -SPPD will reimburse for travel for all officers while attending
the Security Event Training, the Security Event, and any After Action
Activities. Travel will be reimbursed at the effective IRS mileage
reimbursement rate, currently at $0.485 per mile. The number of
miles will be based on the distance from Provider=s headquarters to
the assignment location determined by Mapquest or other
comparable method.
c. Lodging -Lodging will be reimbursed only for those Provider officers
that .Lodging reimbursements will be made for
actual costs up to the effective U.S. General Service Administration
(GSA) rate approved for Minneapolis/St/Paul, currently at $113.00
per night lodging.
B. Submission of Form. Provider shall furnish all of the information required in the
Form, which is Attachment Ain the JPA, for each LPO, no later-than ,
2008, with the understanding that the City will hold the data in the same
classification as the Provider does under the Minnesota Government Data
Practice Act, Minnesota Statutes, Chapter 13.
ATTACHMENT D
EQUIPMENT LIST
Line Patrol (See JPA ~ 2.1 E) -Seasonally appropriate patrol uniform of the day and
equipment supplied by Provider, including but not limited to:
1. Normal Line Patrol Working Uniform -Provider=s;
2. Outer wear Uniform appropriate for conditions, i.e. jackets and hats
- Provider=s;
3. Rain wear;
4. Duty Belt with Provider=s approved items, i.e. Taser, Mace etc.;
5. Portable Radio -Provider=s ;
6. Sidearm -Provider Approved;
7. Personal Armor -Provider=s;
8. Traffic Control Vest;
9. Riot Helmet - if Provider required and provided; and
10. Gas Mask - if Provider required and provided;
Specialty Assignments (See JPA ~ 2.1 E) - If the LPO is assigned to one of the below
special detail assignments, then the LPO is required to have whatever personal
specialty equipment that is supplied and required by the LPO=s agency for that special
detail assignment (If other personal specialty equipment is required for the Security
Event, SPPD will provide):
1. Motorcycle;
2. Bicycle;
3. Horse;
4. Canine;
5. SWAT;
6. .Bomb;
7. Water patrol; and
8. Civil Disturbance;
9. Etc.
ATTACHMENT C
INTERNAL AFFAIRS NOTICE FORM
If an LPO has a sustained internal affairs type of investigations within the past three (3)
years, involving one of the below types of conduct, Provider must submit this form to
SPPD, at the time the data is created or collected, all public data of each investigation
and any later final disposition for:
1. Excessive/Unnecessary/Unreasonable Use of Force;
2. Improper Conduct; or
3. Conduct Unbecoming of a Licensed Law Enforcement Officer.
Date:
Provider=s
Name:
Provider=s Representative Submitting
Form:
Contact Telephone Number for Provider
Representative:
LPO Name:
(Agency Name)
Status of Investigation:
1. Completed; and/or
2. Findings; and/or
3. Final Disposition Made.
If final disposition has been made, what were the findings and final disposition?
***Attach all public data of completed investigation/s/ and final disposition /s/ to this
form.
RNC Motors Operation Plan
July 7`ll, 2008
Multi-agency motorcycle officers will be assigned to the transportation portion of the
RNC event. All officers will work a 12 hour shift from Sept. 1, to Sept. 4, 2008. Hours
will be from 1100 to 2300 hrs.
RNC Motor Officer Duties:
Motor Officers along with traffic car officers will report to a designated area at the MSP
airport. The exact location of this area will be provided at a later time. The motor officers
along with traffic unit officers will be responsible for escorting buses along designated
routes to various locations around the metro area. Buses will be departing the staging
areas in groups to the different hotels scattered across the metro area. Escorts will be
accomplished with four officer motorcycle teams per escort and afollow-up squad car.
Upon completion of the initial escorting, motor officers will then spend the remainder of
their shift, patrolling the designated routes of travel to clear any congestion or blockage
that may occur. Motor officers will respond to any blockage quickly and contact the
command post with any type of resource needed to clear the blockage. (i.e. tow trucks,
MMF; etc.)
This will be a large endeavor for St. Paul motors to cover; we are requesting a firm
commitment of officers and equipment (motors) from all metro area departments
that have motor units.
Please contact Sgt. Curt Sandell by email (preferred) or phone call by July 11tH,
2008 with the .names and contact information of the officers your department can
commit to this task. We are asking that the officers you commit to this task attend
all upcoming motor training with our department for July and August. The exact
dates and location of this training will be sent to your agency as soon as they .are
determined.
Please contact me if you have any questions.
Sgt. Curt Sandell
St. Paul Motor Unit Supervisor
367 Grove St.
St. Paul, MN 55101.
OfFce: 651-266-5849
Cell: 651-470-0833
Email: curt.sandellna,ci.stpaul.mn.us
o~
j,EAGUE oe
MINNESO"CA
CITIES
June 11, 2008
To: LMCIT Members
CONNECTING & INNOVATING
SINCE 1913
Re: Considerations in responding to requests for public safety assistance at the Republican
National Convention
The Republican National Convention (RNC) will be held in St. Paul, Minnesota from September
1-4, 2008. The Saint Paul Police Department (SPPD) is the lead local agency responsible for
providing public safety and crowd control during the convention and related events preceding the
convention. To provide for public safety and crowd control, the SPPD is seeking the assistance of
a number of non-SPPD law enforcement personnel, including law enforcement personnel from
cities that are members ofthe League of Minnesota Cities Insurance Trust (LMCIT).
St. Paul has developed a "Joint Powers Agreement Regarding Public Safety Related to 2008
Republican National Convention" (JPA) that must be executed by each city planning to provide
law enforcement personnel during the RNC. It is LMCIT's understanding that St. Paul wishes to
have the same agreement with all governmental entities. Accordingly, SPPD has indicated the
terms of the JPA are not negotiable at this. point in time.
A number of LMCIT members have asked us to review and provide comments regarding the JPA.
The decision whether to enter into a JPA with St. Paul to provide public safety services in
conjunction with the RNC is one each city will need to consider and make for itself. A city's
choice to assist may depend. on its own evaluation of the risks, staffing availability, adequacy of
proposed reimbursement terms, etc. Please remember that in most cases only the city council is
authorized to enter into contracts - so the decision to provide assistance to the RNC under the JPA
is one that the city council needs to make, most likely after hearing from the police chief and city
attorney.
JPA Considerations
The most critical item LMCIT would note in a city's consideration is the way that liability is
handled under the JPA. Typically in a joint powers or mutual aid agreement, LMCIT advises
cities to try to put all liability with one party to the agreement. For example, we routinely
recommend the city requesting assistance should accept liability. This approach is consistent
with the way Minnesota Statutes, Section 12.331, which authorizes political subdivisions to
provide emergency aid to each other, allocates liability in disaster assistance situations.
LEAGUE OF MINNESOTA CITIES
INSURANCE TRUST
LOSS CONTROL FIELD SERVICES
222 SOUTH 9TH ST., SUITE 1300 PHONE: (612) 766-3000 FAx: (612) 766-3199
MINNEAPOLIS, MN SS402-3332 TOLL FREE: (800) 449-7707 WEB: WWW.LMC.ORG
Republican National Convention JPA
Page 2
The JPA does not place liability with one party. Rather, the JPA states that each party "will be
responsible for its own acts and/or omissions and those of its officials, employees, representative
and agents in carrying out the terms of this Agreement... and shall not be responsible for the acts
and/or omissions of the other party." See Section 14.1.
While it may sometimes seem appropriate to make parties responsible for their own acts or
omissions, it can greatly complicate the defense of a lawsuit by creating conflict and litigation
between the parties and requiring multiple defense attorneys. Thus, a city should consider the
potential burdens of defending a lawsuit if it gets sued over conduct that happens pursuant to .the
JPA.
For example, let's assume a police officer from City A injures a protestor. The protestor sues City
A alleging the officer from City A was negligent. The protestor also sues City B because the
officer from City A was under the command of an officer from City B at the time of the incident.
The protestor also sues City C alleging City C did not properly train the officer from City A. So
who is responsible? It's hard to tell. Each city will have its own attorney and there will be a lot of
finger pointing among the defendants which will probably strengthen the protestor's case. If
liability had been placed on one party, the internal disputes would have been removed and one
attorney could have been assigned to represent all three cities.
A city should also consider the type of services that its police officers will be asked to provide
during the RNC. Some services may be deemed to create a lower risk of liability. Of course, there
is no way to predict what actions may lead to claims. St. Paul officials have stated that the
perceived higher risk activities to be performed by rapid response teams under the JPA will be
mostly performed by non-LMCIT members.
There are a couple other provisions of the JPA that cities may wish to specifically review and
consider:
Workers' Compensation.. The parties to the agreement are responsible for injuries or death
to their own employees and agree to waive claims against the other city. See Section 11.2.
Accordingly, a city executing the JPA cannot bring a claim against St. Paul and St. Paul
cannot bring a claim against the other city. This is the manner LMCIT recommends
handling workers' compensation. Since each city pays for the workers' compensation
coverage of its own employees, it makes sense that a city should be responsible for injuries
to its own employees. This also helps to eliminate conflicts between governmental entities.
The JPA, however, is only an agreement with St. Paul. Thus, a city entering into the
agreement would not be precluded from bringing a claim against a third governmental
entity that injured a city's police officer. Accordingly, there is some risk that a city
entering into the agreement could be faced with defending a claim that the city's police
officer injured an officer from a governmental entity other than St. Paul.
Republican National Convention JPA
Page 3
• Reimbursement. Cities will be reimbursed at "the prevailing contract wages at the rate of
one and one-half times, together with the employer's share of Medicare and PERA
contributions." See Section 3.3. St. Paul's obligation to reimburse a city is limited to the
funds available in its security subsidy. See Sections 3.2, 5.2.5. St. Paul has a "good faith
duty" to provide cities with as much advance notice as possible if it believe the security
subsidy will be insufficient to reimburse all or a portion of a city's costs and expenses. See
Section 3.2. A city may also withdraw from the JPA if St. Paul notifies a city that the
security subsidy will be insufficient. See Section 16.2(D). One consideration for cities to
make is whether the reimbursement will be sufficient for any "backfilling" to cover local
needs while some officers respond to the RNC.
The JPA does not address damage to property. However, any claims for damage to a city's
property would be addressed by the city's LMCIT coverage, to the extent that such
property is covered.
Additional information relating to joint. powers issues can be found in the following LMCIT Risk
Management Information memos which are available on the League website:
• Liability Coverage for Joint Powers Agreements
(http://www.lmnc.or~/pdfs/LMCITMemos/LiabilityCovera~eJointPowers.pdf)
• Risk Allocation and Coverage Issues for Joint Powers and Mutual Aid Agreements
(http : //www.lmnc. org/pdfs/LMCITMemos/Ri skAndC overa geJtP owersMAA. ~df)
• Joint Powers Agreements: An Outline of Risk Considerations
(http://www.Imnc.ors/pdfslLMCITMemos/JointPowersAgreementsRiskConsiderations
~~
Liability Insurance
The host committee for the RNC has secured a $10 million Law Enforcement Professional
Liability Policy. Each city that executes the JPA will be a "named insured" on the policy and will
be protected to the extent of the policy's coverage.
One consideration for LMCIT members considering responding under the proposed JPA is
whether the $10 million limit provided under this policy is sufficient. The $10 million provided is
subject to an aggregate limit, meaning that the most the policy will pay out is $10 million for any
and all claims. If there are multiple claims of civil rights violations or similar claims to which the
state afforded tort cap protections do not apply, these limits could be insufficient.
According to SPPD representatives, no other national convention has held a policy with similarly-
sized limits and there have not been claims of this size or scope as a result of past national
conventions. While this is certainly no guarantee of whether $10 million is sufficient liability
coverage, a city could reasonably determine that the risk of this policy being inadequate is
minimal
Republican National Convention JPA
Page 4
The following is a brief summary of the policy:
• $10 million limit of liability for each wrongful act.
• $10 million aggregate limit (i.e., the most the policy will pay out is $10 million for any and
all claims).
• No deductible.
• Occurrence policy (i.e., coverage for losses which occur during the policy period,
regardless of when the claim is asserted)
• The coverage is primary (the policy will respond to a claim before a city's LMCIT
coverage applies, subject to the policy limits).
• Defense costs are outside the liability limit (however, attorney fees or expenses awarded to
a plaintiff would be subject to the limit).
In terms of the coverage, it is important to look at the exclusions in Section V of the law
enforcement policy. For example, the policy excludes coverage fora "willful violation...of any
federal, state, or local statute, ordinance rule, or regulation" and any "dishonest, fraudulent, bad
faith, criminal or malicious: [a]ct; [e]rror or [o]mission." It is easy to imagine that a claim might
involve the above type of conduct. The terms of the policy seem to indicate that not only would a
claim against a peace officer be excluded but more importantly, also a claim against the city. This
language also seems to exclude any claim for punitive damages. It is our understanding that some
of the terms of the policy are still open to negotiation.
One factor that cities should consider is that municipal tort liability limits of $400,000 per claimant
and $1,200,000 per occurrence would not apply to federal claims against a police officer,
including claims of excessive force. In addition, cities should be aware that if a plaintiff is
successful, the city could be ordered to pay a substantial award of attorney fees even if the
actual damages awarded to the plaintiff are relatively small. The payment of a plaintiff's
attorney fees would count toward the $10 million policy limit.
If the $10 million limit of the law enforcement liability policy is exhausted, a city's LMCIT
liability coverage would provide excess coverage. In other words, a city's LMCIT coverage
would respond to a claim against the city or a city's police officer that arose from the
officer's actions during the RNC. Such a claim would be subject to the city's deductible and
LMCIT coverage limits.
In addition, the claim would affect a city's experience rating. The experience rating formula
used by LMCIT looks at a city's past loss experience as a way to project the city's future
losses. The experience rating will then be used to determine future premiums. A claim could
also affect the amount of a dividend that is returned to a city by LMCIT. A dividend is only
returned when there are unneeded surplus funds. There is never a guarantee that LMCIT will be
able to return a dividend in any given year.
Republican National Convention JPA
Page 5
In conclusion, each city must make a decision whether it will enter into the JPA with the City of
St. Paul taking into account the city's desire to provide security during the RNC versus possible
risks to the city by providing security.
Representatives from the City of St. Paul are available to discuss specific concerns that a city may
have regarding the JPA. Law enforcement matters should be directed to Assistant Police Chief
Matt Bostrom, (651) 266-5545, matt.bostrom cr,ci.stpaul.mn.us. Other matters should be directed
to Ron Guilfoile, Risk Manager, (651) 266-8888, ron.guilfoile(a,ci.stpaul.mn.us.
The following LMCIT staff are also available to discuss any matters related to the JPA:
• Ann Gergen, Associate Administrator, (651) 281-1291, ager~en cr,lme.org
• Tom Grundhoefer, General Counsel, (651) 281-1266, tgrundhoefer(a~lmc.org
• Chris Smith, Risk Management Attorney, (651) 281-1269; csmith(u~lmc.or