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HomeMy WebLinkAboutItem 06.n Date: Item No. LAKEVILLE POLICE DEPARTMENT TO PARTICIPATE IN AN AGREEMENT WITH THE DAKOTA COUNTY TRAFFIC SAFETY GROUP Proposed Action Staff recommends adoption of the following motion: Move to approve the Resolution to authorize the Lakeville Police Department to participate in an Agreement with the Dakota County Traffic Safety Group. Passage of this motion will result in the Lakeville Police Department partnering with other government entities in Dakota County to increase traffic safety. Overview The Dakota County Traffic Safety Project is applying for grant funding through the Minnesota Department of Public Safety – Office of Traffic Safety and will provide enforcement of traffic in all Dakota County cities on targeted dates and areas. The Agreement begins after all Dakota County partners have signed the Agreement and shall be terminated when a majority of the parties agrees to terminate upon a certain date or on December 31, 2030. The Lakeville Police Department has entered into previous agreements to provide increased traffic enforcement and educational activities within Dakota County. Primary Issues to Consider • On certain targeted dates, there will be patrol cars, from other agencies, patrolling and enforcing traffic laws within our City. Supporting Information • See attached Agreement Financial Impact: $ Budgeted: Y☐ N☐ Source: Related Documents: (CIP, ERP, etc.): Envision Lakeville Community Values: Safety Throughout the Community Report Completed by: Jeff Long, Police Chief December 16, 2019 0.00 CITY OF LAKEVILLE RESOLUTION NO._________ RESOLUTION AUTHORIZING THE CITY OF LAKEVILLE TO ENTER INTO A MUTUAL AGREEMENT WITH THE DAKOTA COUNTY TRAFFIC SAFETY GROUP WHEREAS, the City of Lakeville desires to continue participation in the Dakota County Traffic Safety Group project to enforce traffic laws; and WHEREAS, the State of Minnesota requires a resolution of the City Council to participate; and WHEREAS, the City will coordinate these efforts with law enforcement agencies in Dakota County pursuant to the mutual Agreement, which is effective through December 31, 2030; and WHEREAS, the City of Lakeville has duly considered this matter and believed it is in the best interest of the City to enter into an Agreement with the Dakota County Traffic Safety Group to provide enhanced traffic enforcement. NOW, THEREFORE, BE IT RESOLVED that the City of Lakeville is authorized to enter into a Mutual Police Assistance Agreement with the Dakota County Traffic Safety Group for the project period of January 01, 2020 through December 31, 2030. ADOPTED by the Lakeville City Council this 16th day of December 2019. ___________________________ Douglas P. Anderson, Mayor _____________________________ Charlene Friedges, City Clerk MUTUAL POLICE ASSISTANCE AGREEMENT FOR ENFORCEMENT OF TRAFFIC SAFETY LAWS Page 1 of 16 Mutual Police Assistance Agreement l. Purpose. The purpose of this agreement is to provide for the joint exercise of the parties' law enforcement powers pursuant to Minn. Stat. § 471.59, so that the parties may furnish assistance to and coordinate with each other in the enforcement of traffic laws within Dakota County in the conduct of Traffic Safety Projects. It is not the purpose of this agreement to provide for or address in any way requests by one party of another party for any other law enforcement services, including ordinary patrol services. 2. Parties. The parties to this Agreement shall consist of the following units of government that have signed this agreement: City of Apple Valley City of Hastings City of Rosemount City of Burnsville City of Inver Grove Heights City of South St. Paul City of Eagan City of Lakeville City of West St. Paul City of Farmington City of Mendota Heights County of Dakota 3. Fiscal Agent. The Fiscal Agent, acting on behalf of the parties, shall apply for funding from the State of Minnesota to support coordinated local enforcement of traffic safety laws. To the extent that such grant funds are obtained and may be expended for peace officer overtime compensation, the parties shall be entitled on a pro rata basis to reimbursement of overtime compensation paid to the parties' peace officers who have participated in Traffic Safety Projects pursuant to this Agreement. The Fiscal Agent shall account for all funds received pursuant to this Agreement according to generally accepted accountin g principles and reports on receipts and disbursements shall be forwarded to the parties on at least a quarterly basis. As provided in prior traffic safety task force JPAs, the Fiscal Agent position will be held by an agency for 2 calendar years before rotating to the next agency in alphabetical order. The Fiscal Agent for each of the following calendar years during the term of this JPA shall be: 2020- Mendota Heights (covered 2019 under previous JPA) 2021-2022- City of Rosemount 2023-2024- City of South St Paul 2025-2026- City of West St Paul 2027-2028- City of Apple Valley 2029-2030- City of Burnsville MUTUAL POLICE ASSISTANCE AGREEMENT FOR ENFORCEMENT OF TRAFFIC SAFETY LAWS Page 2 of 16 Mutual Police Assistance Agreement 4. Traffic Safety Projects. The parties will carry out the purpose of this agreement by jointly participating in Traffic Safety Projects to which the parties will assign peace officers. Traffic Safety Projects means targeted geographic areas during specified periods of time on specific dates in which and during which the parties will assign peace officers to work together to enforce traffic safety laws. Assignment of peace officers to work on Traffic Safety Projects will remain in the sole discretion of the chief law enforcement officer of each party. The decision of a party to decline participation in any Traffic Safety Project is without liability to any party. 5. Recommendation of Traffic Safety Projects. Peace officers from the parties will meet on an ad hoc basis as the Dakota County Traffic Safety Group to identify and recommend Traffic Safety Projects to the Chiefs of Police and Dakota County Sheriff. The Dakota County Traffic Safety Group shall identify Traffic Safety projects utilizing data which identifies areas where Traffic Safety Projects likely would have a substantial effect upon public safety within Dakota County. The decision to assign peace officers to work on any particular Traffic Safety Project remains within the discretion of the chief of police of each city that is a party to this agreement and of the Dakota County Sheriff, and the decision to conduct a Traffic Safety Project within a participating jurisdiction remains with the Sheriff or Chief of the jurisdiction in which the Project is conducted. 6. Exercise of Police Power. A peace officer who has been approved and assigned to participate in a Traffic Safety Project located outside of the officer's jurisdiction has the full and complete authority of a peace officer as though appointed by the agency or agencies within whose jurisdiction the Traffic Safety Project is located. 7. Compensation. A peace officer who has been assigned by his/her appointing agency to participate in a Traffic Safety Project pursuant to this Agreement shall be compensated by his/her appointing agency just as if the officer were performing duties within and for jurisdiction of the officer's appointing agency. 8. Workers' Compensation. Each party to this agreement shall be responsible for injuries to or the death of its own personnel. Each party shall maintain workers' compensation coverage or self- insurance coverage covering its own personnel while they are participating in any Traffic Safety Project pursuant to this Agreement. Each party waives the right to sue any other party for any workers' compensation benefits paid to its own employee or volunteer or their dependents, even if the injuries were caused wholly or partially by the negligence of any other party or its officers, employee or volunteers. 9. Liability. Each party shall fully indemnify and hold harmless the other parties against all claims, losses, damages, liability, suits, judgments, costs and expenses incurred by reason of the action or inaction of its employees assigned to participate in any Traffic Safety Project pursuant to this Agreement. This agreement to indemnify and hold harmless does not constitute a waiver by any party of the limitations on liability provided by Minn. Stat. Ch. 466. 10. Direction and Control. Peace officers assigned by their appointing agency to participate in Traffic Safety Projects pursuant to this Agreement shall remain under the direction and control of their chief law enforcement officer. MUTUAL POLICE ASSISTANCE AGREEMENT FOR ENFORCEMENT OF TRAFFIC SAFETY LAWS Page 3 of 16 Mutual Police Assistance Agreement 11. Recall of Peace Officers. The appointing agency of a party may at any time and in the agency's sole judgment and without liability to any party recall a peace officer assigned to participate in a Traffic Safety Project pursuant to this Agreement. 12. Damage to Equipment. Each party shall be responsible for damage to or loss of its own equipment that occurs in connection with participation in any Traffic Safety Project pursuant to this Agreement. Each party waives the right to sue any other party for any damages to or loss of its equipment, even if the damages or losses were caused wholly or partially by the negligence of any other party or its officers, employees or volunteers. 13. Compensation for Equipment and Supplies. When a party assigns peace officers to work in any Traffic Safety Projects pursuant to this Agreement, that party shall provide all fuel and other materials and services for its peace officers who have been so assigned. 14. Effective Date. This Agreement shall be effective when all parties have signed the Agreement. All parties need not sign the same copy of the Agreement. Signed Agreements shall be filed with the City of Mendota Heights, who shall notify all parties of the effective date. 15. Withdrawal. Any party may withdraw from this Agreement upon thirty (30) days' written notice to the Fiscal Agent. The Fiscal Agent will notify the other parties to this Agreement Withdrawal shall not act to discharge any liability incurred by any party prior to withdrawal. 16. Notice. Notices required by Paragraph 15 of this Agreement or other correspondence related to this Agreement shall be provided by first class mail to the following: Apple Valley Chief of Police Lakeville Chief of Police 7100 147th Street west 9237 183rd Street Apple valley, MN 55124 Lakeville, MN 55044 Burnsville Chief of Police Mendota Heights Chief of Police 100 Civic Center Parkway 1101 Victoria Curve Burnsville, MN 55337-3817 Mendota Heights, MN 55118 Eagan Chief of Police Rosemount Chief of Police 3830 Pilot Knob Road 2875 145th Street West Eagan, MN 55122 Rosemount, MN 55068 Farmington Chief of Police South St Paul Chief of Police 19500 Municipal Dr. 125 3rd Avenue North Farmington, MN 55024 South St. Paul, MN 55075 Hastings Chief of Police West St. Paul Chief of Police 150 3rd Street East 1616 Humboldt Avenue Hastings, MN 55033 West St. Paul, MN 55118 MUTUAL POLICE ASSISTANCE AGREEMENT FOR ENFORCEMENT OF TRAFFIC SAFETY LAWS Page 4 of 16 Mutual Police Assistance Agreement Inver Grove Heights Dakota County Sheriff Chief of Police Law Enforcement Center 8150 Barbara Avenue 1580 Highway 55 Inver Grove Heights, MN 55077 Hastings, MN 55033 17. Termination. This Agreement shall terminate upon the occurrence of any one of the following events: (a) when necessitated by operation of law or as a result of a decision by a court of competent jurisdiction or (b) when a majority of remaining parties agrees to terminate the Agreement upon a date certain or (c) December 31, 2030. 18. Effect of Termination. Termination shall not discharge any liability incurred by the parties during the term of this Agreement. Upon termination and after payment of all outstanding obligations, property or surplus money held by the parties shall then be distributed to the parties on the pro rata basis provided under Paragraph 3 of this Agreement. 19. Amendments. This Agreement may be amended only in writing and upon the consent of each of the parties' governing body. 20. Records, Accounts and Reports. The books and records of the parties shall be subject to the provisions of Minn. Stat. Ch. 13. 21. Government Data Practices. Each party to this Agreement must comply with the Minnesota Government Data Practices Act, Minnesota Statutes Chapter 13 and other applicable law, as it applies to all data created, collected, received, stored, used, maintained, or disseminated by the party under this Agreement. The civil remedies of Minnesota Statutes § 13.08 apply to the release of the data referred to in this clause by any party. 22. Assignment. A party to this Agreement may not assign or transfer any rights or obligations under this Agreement 23. Counterparts. This Agreement may be executed in two or more counterparts, each of which shall be deemed an original, but all of which shall constitute one and the same instrument. Counterparts shall be filed with the City of Mendota Heights. IN WITNESS WHEREOF, the parties have executed this Agreement on the dates indicated below. COUNTY OF DAKOTA Tim Leslie Dakota County Sheriff Date Assistant County Attorney Date MUTUAL POLICE ASSISTANCE AGREEMENT FOR ENFORCEMENT OF TRAFFIC SAFETY LAWS Page 12 of 16 Mutual Police Assistance Agreement CITY OF LAKEVILLE Name, Title, Address and Phone Number of City’s Authorized Representative: Name, Title, Address and Phone Number of City’s Liaison: CITY OF LAKEVILLE I, the below signed, have authority to sign this Agreement on behalf of the City By: [print name] Date: Attest: [print name] Title: Date: