HomeMy WebLinkAboutItem 06.i
Date: Item No.
INTERGOVERNMENTAL COOPERATIVE AGREEMENT REGARDING PUBLIC SAFETY
IN BLOOMINGTON, MINNESOTA RELATED
TO 2018 NATIONAL FOOTBALL LEAGUE SUPER BOWL
Proposed Action
Staff recommends adoption of the following motion: Move to approve a cooperative agreement
regarding public safety in Bloomington, Minnesota related to the 2018 National Football League
Super Bowl.
Overview
Law enforcement agencies leading the security for the 2018 National Football League Super Bowl
have requested additional law enforcement personnel from other agencies to provide the public
safety and security measures required for such a large event. The City of Bloomington has
specifically requested assistance from City of Lakeville and other cities due to the large number of
events in their city.
Primary Issues to Consider
• The League of MN Cities and the City Attorney have reviewed and approved the
Agreement. Both cities are insured by the League.
• Salaries of Lakeville Police Department personnel providing support will be reimbursed
by the City of Bloomington.
• By participating, Lakeville Police Department acts as a good law enforcement partner and
is directly involved with ensuring safety and providing support at a high visibility event in
our area.
Supporting Information
• Agreement for signing.
Financial Impact: $ Budgeted: Y☐ N☐ Source:
Related Documents: (CIP, ERP, etc.):
Envision Lakeville Community Values: Safety Throughout the Community
Report Completed by: Chief Jeff Long
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January 2, 2018
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INTERGOVERNMENTAL COOPERATIVE AGREEMENT REGARDING PUBLIC
SAFETY IN BLOOMINGTON, MINNESOTA, RELATED TO THE
2018 NATIONAL FOOTBALL LEAGUE SUPER BOWL
THIS INTERGOVERNMENTAL COOPERATIVE AGREEMENT REGARDING
PUBLIC SAFETY IN BLOOMINGTON, MINNESOTA, RELATED TO THE 2018
NATIONAL FOOTBALL LEAGUE SUPER BOWL (hereinafter referred to as the
“Agreement”), is made effective, except as otherwise made operationally effective as set forth in
Section 5 herein, on this 2nd day of January, 2018, by and between the CITY OF
BLOOMINGTON, a home rule charter city and a Minnesota municipal corporation (“City”)
acting through its Police Department (“BPD”) and the CITY OF LAKEVILLE, a Minnesota
municipal corporation acting through its Police Department (“Provider”). City, BPD, and each
Provider may be referred to individually as a “Party” or collectively as the “Parties” to this
Agreement.
WHEREAS, the City is the location of several events occurring before, during, and after the
2018 National Football League Super Bowl from Friday, January 26, 2018, through Monday,
February 5, 2018 (“Event”); and
WHEREAS, a Unified Command structure (as that term is defined in Section 2.4) is needed to
ensure the level of security coordination required for the Event; and
WHEREAS, the BPD will be the lead law enforcement agency for the Event in the City of
Bloomington. When BPD is the lead law enforcement agency its duties will include making
staff assignments and to administer and manage the Unified Command; and
WHEREAS, the City has agreed to serve as the fiscal agent for law enforcement costs for the
Event by entering into this Agreement with the “Provider”; and
WHEREAS, the City is in need of procuring additional extra duty and contract overtime law
enforcement personnel to provide the public safety measures required for such a large and unique
Event; 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 BPD with public
safety services during the Event.
NOW, THEREFORE, pursuant to the authority contained in Minnesota Statutes Section 471.59
(“Joint Exercise of Powers”) or Minnesota Statutes Sections 626.76 and 626.77, or both or all,
and in consideration of the mutual covenants herein contained and the benefits that each party
hereto shall derive hereby, the Parties agree as follows:
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1. PURPOSE OF THE AGREEMENT
1.1 The purpose of this Agreement is to set forth the terms and conditions whereby
the Provider will provide the City with Licensed Peace Officers to be assigned to
one or more of the Event locations identified on Exhibit A attached hereto to
assist the BPD through the use of a unified command center (as defined in Section
2.4) to provide law enforcement and security services (“Services”) during the
term of the Event.
1.2 Provider will exercise its best efforts to assist with Event security. 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 Event. That prioritization decision
belongs solely to Provider. The Provider may, at any time, recall the Provider’s
resources when, it is considered to be in Provider’s best interest to do so.
1.3 Provider’s resources shall be full-time, Licensed Peace Officers and each such
Licensed Peace Officer must meet the following criteria as defined in Minnesota
Statutes Sections 626.84, Subdivision 1(c) and 471.59, Subdivision 12.
2. ADDITIONAL CRITERIA OF LICENSED PEACE OFFICERS; 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 Licensed Peace Officers shall also meet the
following criteria:
2.1.1. That each Licensed Peace Officer shall by reason of experience, training,
and physical fitness be deemed by the Provider of being capable of
performing public safety and law enforcement duties for the Event; and
2.1.2 That each Licensed Peace Officer meets the Police Officer Standards and
Training (POST) requirements and other standards required by the
Provider. Throughout the term of this Agreement, the Provider shall
promptly notify the BPD in the event that any licensed peace officer is no
longer satisfies the POST or other standards established by the Provider;
and
2.1.3 That unless otherwise provided or requested by the BPD, each Licensed
Peace Officer shall be equipped or supplied, or both, 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 personal soft ballistic body
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armor, and traffic vest.
2.2 Provider acknowledges and agrees that at any time during the term of this
Agreement the City has the sole discretion to decline to accept or use, or both, any
of Provider’s Licensed Peace Officers or other law enforcement resources without
cause or explanation.
2.3 The Provider agrees as follows:
2.3.1 As requested by BPD, Provider shall list information on each of Provider’s
Licensed Peace Officers no later than thirty (30) days before the Event that
includes, but is not limited to, name, rank, agency, badge number, photo,
cell phone number, and emergency contact information. Said information
shall be used strictly for law enforcement purposes related to the Event
and each Party will hold the data in the same classification as the other
does under the Minnesota Government Data Practices Act, Minnesota
Statutes Chapter 13 (“MGDPA”); and
2.3.2. That upon reasonable advance written notification from the BPD, each of
Provider’s Licensed Peace Officers or other law enforcement resources so
designated by the BPD shall participate in orientation training activities
related to Event security, that are coordinated or conducted by the BPD or
its designee; and
2.3.3. That each Licensed Peace Officer shall be assigned by the BPD, as
determined and required by the BPD, to any Event-related assignment
based on the Licensed Peace Officer’s skill-set and known duty
assignment as well as the needs of the operation; including, but not limited
to, foot patrol, motorized patrol, static posts at outdoor perimeters, general
security inside or outside venues, and traffic control; and
2.3.4. That Licensed Peace Officers participating in the Event may, if so
determined by the BPD, be placed in an “On Assignment” status by BPD
in which the Licensed Peace Officer should be physically proximate to the
Event location, so as to be able to physically report in a timely manner to
such duty post assigned by the BPD and prepared to undertake the specific
job task or responsibility assigned by the BPD; and
2.3.5. That at the request of the BPD, Provider will designate personnel that
participated in or provided Event security to further participate in and/or
provide information to and otherwise cooperate with the BPD in an y “after
action activities” following the conclusion of a training session or actual
Event security. “After action activities” may include, but not be limited to
post training session meetings and revisions of training protocols and post
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Event security meetings, evaluations, mediation or court proceedings.
2.4 Provider acknowledges and agrees that at all times during any required training
session or during the Event each of Provider’s Licensed Peace Officers or other
law enforcement resources and employees, regardless of 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 principles and practices established throughout
the law enforcement community (herein referred to as “Unified Command”).
2.5 The Provider agrees to exercise reasonable efforts 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.
2.6 Event staffing levels will be determined by the BPD as the lead law enforcement
agency and fiscal agent.
2.7 The Provider will comply with the statutes and rules requiring the preservation of
evidence including, but not limited to, Minnesota Statutes Sections 590.10 and
626.04. Provider must preserve all handwritten notes, photographs, incident
reports, video recordings, statements, audio recordings, personal notes, interview
audio, text messages, cell phone videos, removable electronic media, squad car
videos, any other video recordings, emails, voice mails, computer files and all
Work Product, Supporting Documentation and Business Records as those terms
are defined in Section 8.1 of this Agreement.
2.8 The BPD will maintain a list of Licensed Peace Officers assigned to the Event.
Provider will be responsible for providing accurate lists of its Licensed Peace
Officers that will be assignable to the Event as a result of signing this Agreement.
3 CITY RESPONSIBILITIES
3.1 The City will be solely responsible for all communications with the Minnesota
Host Committee, which that is coordinating the official National Football League
activities occurring in Minneapolis, St Paul, and Bloomington (“Host
Committee”) within the same general time period as the Event covered by this
Agreement. However, this Agreement only applies to the Event locations listed in
Exhibit A.
3.2 City agrees that it will provide or facilitate any necessary training to prepare for
providing Event security. The substance of the training, if necessary; including
the locations, dates, and times, shall be detailed in a separate writing provided
from the BPD to the Provider.
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3.3 The person responsible on behalf of the BPD for the daily operation, coordination
and implementation of this Agreement, which responsibilities shall include, but
not limited to, determining the assignments of the Provider’s law enforcement
resources, shall be BPD Deputy Chief of Police Mike Hartley (hereinafter referred
to as the “Coordinator”). Except as otherwise provided in this Agreement, all
contacts or inquiries made by the Provider with regard to this Agreement shall be
made directly to the Coordinator or the Coordinator’s designee.
3.4 The City will develop and provide to each Provider an adequate supply of the
standard incident report form to be used by the City and Providers that provide
Services at the Event under the direction of the Unified Command.
3.5 The City will provide to Provider, the “claims procedure” as indicated in Exhibit
C hereto that will be used by third party claimants who file claims against the City
or against any Provider
4. COMPENSATION AND PAYMENT PROCESS
4.1 The sole source of funds to reimburse each Provider performing under this
Agreement shall be funds provided to BPD by private entities requesting public
safety and security at their facilities during the Event.
4.2 For and in consideration of the Provider performing under this Agreement, the
Provider will be reimbursed for said Services at the rates and in the manner as
indicated in attached Exhibit B. All of a Provider’s Licensed Peace Officers and
other law enforcement resources that (a) perform law enforcement services within
the Provider’s jurisdiction; and (b) are subject only to the Provider’s authority and
are therefore not under the Unified Command, are not eligible to have Provider’s
costs reimbursed pursuant to this Agreement.
4.3 The BPD will prepare and include in Exhibit B eligibility guidelines for cost
reimbursement and a checklist for the preparation and submission of the
reimbursement request.
4.4 Provider may submit any questions regarding the cost reimbursement process to
Sue LeGrand or her designee at: slegrand@bloomingtonmn.gov.
4.5 For an y disputed amounts, the Provider shall provide the BPD with written notice
of the dispute, including the date, amount, and reasons for dispute within fifteen
(15) days after receipt of the Reimbursement Summary Report. The BPD and
Provider shall memorialize the resolution of the dispute in writing and follow the
dispute resolution procedure in Section 13 of this Agreement.
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5. TERM OF AGREEMENT
This Agreement shall be effective as of the date indicated on the first page so that the
Parties can undertake planning for all Event-related activity and shall expire on March 1,
2018, or the date to which law enforcement resources or Services are extended,
whichever is later, unless terminated earlier in accordance with the provisions in Section
6. Except for the provision of orientation training as discussed and to be scheduled
pursuant to Section 3.2 of this Agreement, Services furnished by the Provider for the
Event shall begin on January 26, 2018, and shall terminate on February 5, 2018, unless
terminated sooner or extended in whole or in part as provided herein.
6. TERMINATION
6.1 Termination by the City. The City may terminate this Agreement upon providing
to the Provider fifteen (15) days advance written notice for any of the reasons
stated below:
6.1.1 Cancellation of Super Bowl LII; or
6.1.2 Failure by the Provider to perform any material term under this Agreement
and failure to cure the default within the time requested by the City; or
6.1.2 Without cause prior to the initial orientation training session.
6.2 Termination by the Provider. The Provider may terminate this Agreement upon
providing to the City not less than thirty (30) days advance written notice for any
of the reasons stated below:
6.2.1 Cancellation of Super Bowl LII; or
6.2.2 Without cause prior to the initial orientation training session.
6.3 In the event of a termination, each Party shall fully discharge all obligations owed
to the other Party accruing prior to the date of such termination, and, except as
otherwise provided herein, each Party shall be released from all obligations,
which would otherwise accrue subsequent to the date of termination.
7. AGREEMENT MANAGEMENT
7.1 The Provider has identified the following person[s] as persons to contact only
with regard to the following matters regarding the Agreement:
JEFF LONG CHIEF OF POLICE
WILLIAM GERL LIEUTENANT, PATROL DIVISION
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8. WORK PRODUCT, RECORDS, DISSEMINATION OF INFORMATION
8.1 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, including incident reports,
recommendation, paper, presentation, drawing, demonstration, or other materials,
whether in written, electronic, or other format that are used or belong to BPD 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 Product
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
BPD or Provider and pertain to work performed under this Agreement.
8.2 Subject to applicable law, including but not limited to the Minnesota Official
Records Act, Minnesota Statutes Section 15.17, and the MGDPA, all deliverable
Work Product, Supporting Documentation and Business Records or copies
thereof, that are needed from or result 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 and shall become the property of the City
after delivery.
8.3 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 (i.e. Work Product, Supporting Documentation and Business
Records) under this Agreement without notice to the other. Except as otherwise
required by and subject to federal or state law, or both, neither the City nor the
Provider shall release, transmit, disclose or disseminate any Work Product,
Supporting Documentation, or Business Records, which shall be classified as
“security information”, “security service” or “security service data”, defined
under Minnesota Statutes Sections 13.37 and 13.861 or any like data, as defined
or required, or both, in all federal, state, and local laws or ordinances, and all
applicable rules, regulations, and standards.
8.4 In the event of termination, all Work Product, Supporting Documentation, and
Business Records prepared by the Provider under this Agreement shall be
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delivered to the City by the Provider by the termination date.
8.5 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.
8.6 Both the City and the Provider agree to abide strictly by the MGDPA and, in
particular, Minnesota Statutes Sections 13.05, subds. 6 and 11; 13.37, Subd. 1(a)
and 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.
9. INSURANCE; LIABILITY; MUTUAL RESPONSIBILITY; NO WAIVER OF
IMMUNITIES
9.1 Insurance Coverage for Event. Subject to the limitations below, the City agrees to
defend and indemnify the Provider against any claims brought, or actions filed,
against the Provider, or any Licensed Police Officer of the Provider for the injury
to, death of, or damage to the property of any third person(s) arising out of the
performance and provide of assistance to the City pursuant this Agreement.
9.1.1 Provider understands and agrees that the City’s municipal liability policy
issued through the League of Minnesota Cities Insurance Trust (“LMCIT
Policy”) will be the primary policy as it relates to defense and
indemnification of claims and lawsuits arising out of the Provider’s
actions, and Provider agrees to cooperate with the City and the League of
Minnesota Cities Insurance Trust in all claims and suits arising out of this
Agreement.
9.1.2 Provider understands and agrees that the City will not defend or indemnify
Provider, its officers or employees, for any claims or lawsuits that do not
take place during the term of the Agreement; or any claim or lawsuit that
would be considered as a result of a “covered event” as defined by the law
enforcement liability policy purchased through the Host Committee and
administered by the City of Minneapolis for specific Super Bowl related
events authorized by the National Football League.
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9.1.3 Provider agrees to be bound by the terms and conditions contained in the
LMCIT Policy.
9.1.4 Provider agrees that it will cooperate with the League of Minnesota Cities
Insurance Trust and with the City by reasonably and timely responding to
the League of Minnesota Cities Insurance Trust’s request(s) for
information or to appear at meetings or judicially mandated hearings.
9.2 Liability Coverage as Sole Source for Liability and Indemnity. Provider hereto
agrees that it will only seek recovery for any liability incurred in carrying out the
terms of this Agreement from the LMCIT policy set out in Section 9.1 of this
Agreement.
9.2.1 If Provider’s liability is not subject to recovery through the LMCIT Policy,
then the Provider agrees that it will otherwise be responsible for its own
acts or omissions, or both, and those of its officials, employees,
representatives and agents in carrying out the terms of this Agreement,
whether those acts or omissions occur within or outside of the jurisdiction
or geographic limits of the City of Bloomington.
9.2.2 In the unlikely event that the aggregate amount of any one or all claims
arising from one occurrence exceeds $2 million, then each Party agrees
that it will otherwise be responsible for its own acts or omissions, or both,
and those of its officials, employees, representatives and agents in carrying
out the terms of this Agreement, whether those acts or omissions occur
within or outside the of the jurisdiction or geographic limits of the City of
Bloomington.
9.3 Further Limitation On Provider Liability. It is understood and agreed that the
liability of a Provider that is a municipality, county or similar political subdivision
shall be limited by the provisions of Minnesota Statutes Chapter 466 (Tort
Liability, Political Subdivisions) and by other applicable law. Nothing contained
in this Agreement shall waive or amend, nor shall be construed to waive or amend
any d efense or immunity that either Party, its respective officials and employees,
may have under said Chapter 466, Section 471.59 subd. 1a, and any common-law
immunity or limitation of liability, all of which are hereby reserved by the Parties
that have entered into this Agreement.
9.4 Provider Workers’ Compensation Insurance Required. Except as expressly
provided herein, each Party shall be responsible for injuries or death of its own
personnel. Each Party will maintain workers’ compensation insurance or self-
insurance coverage, covering its own personnel while they are providing
assistance pursuant to this Agreement. Except as expressly provided herein, each
Party waives the right to sue any other Party for any workers’ compensation
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benefits paid to its own employee or volunteer or their dependents.
9.5 Provider Responsible for Own Equipment. Except as expressly provided herein,
each Party shall be responsible for damages to or loss of its own equipment.
Except as expressly provided herein, each Party waives the right to sue any other
Party for any damages to, or loss of its equipment.
9.6 Provider Rendering First Aid. Except for immediate first aid rendered by a
Provider at the scene of an accident or occurrence, no other medical assistance,
expenses or aid is covered under this Agreement.
9.7 Except for the foregoing, the Parties intend that this Agreement will not benefit or
create any right or cause of action in or on behalf of any person or entity other
than the Parties.
10. INDEPENDENT CONTRACTORS
Provider in its relationship with the City under this Agreement is an independent
contractor. No Provider, its Licensed Peace Officers or other law enforcement resources
shall be considered an employee of the City. The City, its Licensed Peace Officers or
other law enforcement resources shall not be considered employees of the Provider.
11. SUBCONTRACTING
The City and Provider agree that no Services will be subcontracted and agree not to enter
into any subcontracts to provide any Services under this Agreement.
12. ASSIGNMENT
Neither the City nor the Provider will assign or transfer any interest in this Agreement
without the consent of the other Party.
13. DISPUTE RESOLUTION
The City and the Provider each agree to cooperate and negotiate in good faith to resolve
any disputes that arise regarding the terms of this Agreement and the performance of the
Services. If good faith negotiations fail to resolve a dispute, then the Parties will use
mediation services to attempt to resolve the dispute. The City and Provider will equally
share the expense of the mediator.
The Parties will select a mediator by each submitting three names in rank order of
preference to the other Party. If there is no common name on each Party’s list, then a
neutral, third party, law enforcement representative that is not a party to this Agreement
will select a mediator for the Parties. If mediation fails to resolve a dispute between
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Parties, then the Parties may exercise their legal or equitable rights.
14. AUDIT OF AGREEMENT RECORDS
Pursuant to Minnesota Statutes Section 16C.05, both the City’s and the Provider’s books,
records, documents, and accounting procedures and practices with respect to any matter
covered by this Agreement shall be made available to the State of Minnesota Office of
the State Auditor upon written notice, at any time during normal business hours, for the
purpose of auditing, examining or making excerpts or transcripts of relevant data.
15. AMENDMENT OR CHANGES TO AGREEMENT
15.1 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.
15.2 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 “Agreement” as used
herein shall be deemed to include any future amendments, modifications, and
additional schedules made in accordance herewith.
16. 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 First Class Mail,
Return Receipt Requested. Any notices or other communications shall be addressed as
follows:
City: Jeff Potts, Chief of Police, City of Bloomington, 1800 West Old Shakopee Road,
Bloomington, MN 55431, jpotts@bloomingtonmn.gov; or
Provider: Jeff Long, Chief of Police, City of Lakeville, 9237 183rd Street, Lakeville, MN
55044, jlong@lakevillemn.gov;
or such other contact information as either party may provide to the other by notice given
in accordance with this provision. Nothing in this Section 16 shall prohibit a Party from
contemporaneously providing the communication by electronic mail when such occurs at
the same time as depositing in United States Mail.
17. CHOICE OF LAW AND VENUE
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This Agreement shall be governed by and construed in accordance with the laws of the
state of Minnesota. Any disputes, controversies, or claims arising out of this Agreement
shall be heard in the state or federal courts of Hennepin County, Minnesota, and all
parties to this Agreement waive any objection to the jurisdiction of these courts, whether
based on convenience or otherwise.
18. ENTIRE AGREEMENT
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. All items
that are referenced or that are attached are incorporated and made a part of this
Agreement. If there is any conflict between the terms of this Agreement and referenced
or attached items, the terms of this Agreement shall prevail.
The matters set forth in the “WHEREAS” clauses at the beginning of this Agreement are
true and correct and by this reference incorporated into and made a part of this
Agreement.
19. AGREEMENT NOT EXCLUSIVE
The City retains the right to contract with other public safety and security providers for
other matters or for the Event, in the City’s sole discretion.
20. NO DISCRIMINATION
Provider agrees not to discriminate in providing the Services under this Agreement on the
basis of race, color, sex, creed, national origin, disability, age, sexual orientation, status with
regard to public assistance, or religion. Provider agrees to hold harmless and indemnify the
City from costs, including but not limited to damages, attorney's fees and staff time, in
any action or proceeding brought alleging a violation of these laws by the Provider or its
Licensed Police Officer(s).
21. PUBLICITY
The Parties shall develop language to use when discussing this Agreement. Provider
agrees that any publicity regarding the Services or the subject matter of this Agreement
must not be released unless it complies with the approved language.
22. WAIVER
Failure of a Party to enforce any provision of this Agreement does not affect the rights of
the Parties to enforce such provision in another circumstance. No waiver of any provision
or of any breach of this Agreement shall constitute a waiver of any other provisions or
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any other or further breach, and no such waiver shall be effective unless made in writing
and signed by an authorized representative of the party to be charged with such a waiver.
23. SEVERABILITY
In the event that any provision of this Agreement shall be illegal or otherwise
unenforceable, such provision shall be severed, and the balance of the Agreement shall
continue in full force and effect and will be construed and enforced as if such invalid or
unenforceable provision had not been included.
24. INTERCHANGE OF GOVERNMENT EMPLOYEES
The Parties shall cooperate in achieving the objectives of this Agreement pursuant to
Minnesota Statutes Sections 15.51 through 15.57.
25. COMPLIANCE WITH LAWS
The Parties shall comply with all applicable federal, state, and local statutes, regulations,
rules and ordinances currently in force or later enacted including but not limited to the
MGDPA, Minnesota Statutes Section 471.425, subd. 4a, and as applicable, non-
discrimination and affirmative action laws and policies.
REMAINDER OF THIS PAGE IS BLANK
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IN WITNESS WHEREOF, the parties hereto are authorized signatories and have
executed this Agreement the day and year first above written.
CITY OF ____________ CITY OF BLOOMINGTON
By: ___________________________ By: _____________________________
Its: Mayor, Douglas Anderson Its: City Manager, James D. Verbrugge
Date: _________________________ Date: ___________________________
By: ______________________________ By:______________________________
Its: Police Chief, Jeff Long Its: Police Chief, Jeffrey D. Potts
Date: _________________________ Date: _________________________
Reviewed and Approved By:
By:______________________________ By:______________________________
Its: Charlene Friedges, City Clerk Its: City Attorney
Date: _________________________
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EXHIBIT A
EVENT LOCATIONS
[The City of Lakeville will provide services at locations as needed and directed by the City of
Bloomington.]
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EXHIBIT B
EVENT REIMBURSEMENT GUIDELINES
Reimbursement Period: Friday, January 26, 2018, through Monday, February 5, 2018.
1. Bloomington Police Department (“BPD”) will serve as fiscal agent for purposes of this
Agreement.
2. Reimbursement will be for hours worked in direct support of the BPD.
3. Reimbursement will occur only for hours worked consistent with official operational
plans approved by BPD.
4. There will be no reimbursement for non-personnel costs, backfill, pre-Event training,
equipment, and other expenses including but not limited to travel costs, fuel, mileage, per
diem, etc.
5. Reimbursement will occur only for state, county, and local law enforcement personnel
participating in Event security details.
6. To the extent possible, law enforcement personnel will be notified of their daily and
hourly schedule 15 to 30 days prior to the Reimbursement Period. There will be no
reimbursement for any changes to the schedule or for any scheduled off days during this
period or for off hours where personnel are not actively assigned to an event detail.
7. No officer will be assigned to a shift that begins in less than 96 hours without the
Provider’s prior approval.
8. Providers and personnel assigned to the event must adhere to all BPD requirements in
order to be eligible for reimbursement.
9. If certain Event Services are cancelled within 24 hours of when the law enforcement
officer’s shift is scheduled to begin, then that Licensed Police Officer will be
compensated for 3 hours of time. If certain Event Services are cancelled more than 24
hours of when the law enforcement officer’s shift is scheduled to begin, then that
Licensed Police Officer will not be compensated.
10. For reimbursement purposes, a law enforcement officer’s shift begins and ends when
he/she checks in/out on site.
11. Provider must submit to the City an Officer Pay Rate Information Form in the format
set out in Exhibit D (“Form”), attached and incorporated hereto, that lists the 2018
regular (100%) pay rates with associated badge numbers for all Licensed Police Officers
providing Services pursuant to this Agreement. Provider must submit the Form to Sue
LeGrand at slegrand@bloomingtonmn.gov on or before January 15, 2018.
12. Reimbursement will be paid at time and a half of the Licensed Police Officer’s pay rate
as stated on the Form, plus a 17.5% fringe for PERA and Medicare related costs. These
rates are all-inclusive and will not be adjusted.
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13. On or before February 9, 2018 (covering pay period 1/26/18-1/28/18) and on or before
February 23, 2018 (covering pay period 1/29/18-2/5/18), the City will provide a
Reimbursement Summary Report (“Report”) to the Provider reflecting the dates and
hours of service performed by Provider’s Licensed Police Officers.
a. Within five (5) days of receipt of the Report from the City, Provider shall review
the Report for accuracy and indicate to the City which hours were straight time
and which hours were overtime, then return the completed Report to Sue LeGrand
at slegrand@bloomingtonmn.gov.
b. Provider will submit an invoice along with a copy of the Report to BPD.
Thereafter, BPD will review the documentation and work with Provider to
address any discrepancies.
c. BPD will issue reimbursement to Provider consistent with this Agreement within
forty-five (45) days of receipt of the Provider’s invoice, Report copy, and
documentation.
14. Any variation from the above guidelines must be approved by the Bloomington Police
Department.
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EXHIBIT C
CLAIMS PROCEDURE FOR CLAIMS
All claims will be submitted to the City on its standardized “Claim Form” found on its website
(https://www.bloomingtonmn.gov/sites/default/files/claimform.pdf ). Once received and
recorded by the City, the City will forward the Claim Form on to the League of Minnesota Cities
Insurance Trust (“LMCIT”) for investigation and determination of liability. Acceptance or
denial of a claim may be appealed through the City’s Risk and Litigation Manager. Her contact
information is alarson@bloomingtonmn.gov or 952-563-4932.
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EXHIBIT D
OFFICER PAY RATE INFORMATION FORM
Provider (Agency):
Contact Name:
Phone #:
Email:
Badge # Officer Name Regular Hourly Rate