HomeMy WebLinkAbout2007-148 Council ResolutionCouncil Member o' Donnelixitroduced the following resolution and moved its adoption:
CITY OF LINO LAKES
RESOLUTION NO. 07 -148
RESOLUTION AUTHORIZING THE CITY OF LINO LAKES TO ENTER INTO A
MUTUAL AID AGREEMENT BETWEEN THE MINNESOTA DEPARTMENT OF
CORRECTIONS, MINNESOTA CORRECTIONAL FACILITY -LINO LAKES
Resolved by the City Council of The City of Lino Lakes:
That the Lino Lakes Police Department is authorized to enter into a Mutual Aid
agreement with the Minnesota Department of Corrections, Minnesota Correctional
Facility -Lino Lakes
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Be geso !Mayor
Adopted by the Lino Lakes City Council this 24th day of September, 2007.
The motion for the adoption of the foregoing resolution was duly seconded by Council
Member Stoltz and upon vote being taken thereon, the following voted in favor
thereof:
O'Donnell, Stoltz, Carlson, Reinert, Bergeson
The following voted against same:
NONE
Whereupon said resolution was declared duly passed and adopted.
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STAFF ORIGINATOR:
MEETING DATE:
TOPIC:
VOTE REQUIRED:
BACKGROUND
AGENDA ITEM 4A
David J. Pecchia, Public Safety Director/ Chief of Police
September 24, 2007
Consideration to Approve Resolution No. 07 -148 entering
into a mutual aid agreement between the Minnesota
Department of Corrections, Minnesota Correctional Facility -
Lino Lakes and the City of Lino Lakes
Simple Majority
Staff is requesting to approve Resolution No. 07 -148 for the City of Lino Lakes to enter
into a mutual aid agreement with the Minnesota Department of Corrections, Minnesota
Correctional Facility -Lino Lakes which is consistent with the updated Emergency
• Management plan and consistent with our new City proposed ordinance and current
State law.
The purpose of Resolution No. 07 -148 is to enter into a mutual aid agreement and
execute the agreement.
OPTIONS
1. Approve Resolution No. 07 -148.
2. Return to staff for further consideration.
RECOMMENDATION
1. Approve and sign
ATTACHMENTS
Resolution No. 07 -148
Mutual Aid Agreement
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Mutual Aid Agreement
•The Parties to this Agreement are the City of Lino Lakes ( "City ") and the Minnesota Department of
Corrections, Minnesota Correctional Facility -Lino Lakes ( "MCF -LL ").
Whereas, City employs full time law enforcement officers for the purpose of maintaining law and order
within its jurisdiction and affording police protection to their respective citizens; and
Whereas, MCF -LL employs full time corrections professionals; and
Whereas, both parties are desirous of having their respective officers and professionals extend their
services beyond their respective jurisdictions for the purpose of providing assistance in emergency
situations to enforce the statutes and ordinances enacted by the State of Minnesota.
Now therefore, the parties, pursuant to the authority contained in Minn. Stat. §471.59, agree to the
following:
1. Terms of Agreement
1.1 Effective date: upon obtaining all required signatures.
1.2 Expiration date: expiration of this Agreement is only upon 30 -day notice of termination
by either party.
2. Agreement between the Parties
2.1 If a disaster or emergency occurs within the service area of either party, and the
equipment or personnel of that party is inadequate to address the situation in a timely
manner, an emergency shall exist for the purposes of this Agreement.
2.2 In the event of an emergency, the authorized representative of the party needing the
assistance may call upon the authorized representative of the other party for such
assistance. The responding party will make every effort to provide equipment and
personnel requested, but such response will be at the discretion of the responding party.
Any responding peace officer acting pursuant this Agreement has the full and complete
authority of a peace officer as though appointed by the requesting authority.
2.3 This Agreement is expressly intended to authorize the request for assistance only in
emergency situations and nothing herein shall be construed as authorizing requests for
assistance for patrols and other routine activities.
2.4 MCF -LL assistance, other than equipment, will not extend into operations such as crowd
control for general public safety projects or for the enforcement of laws associated with
scheduled public events.
2.5 The MCF -LL personnel may not use weapons, ammunition, or chemical agents in
providing assistance unless specifically approved by the MCF -LL authorized
representative. MCF -LL personnel use of force must not go beyond that specified by
statute and Minnesota Department of Corrections policy and directive.
2.6 MCF -LL may provide, if resources are available:
a. Emergency transportation in MCF -LL vehicles driven by trained MCF -LL staff to
transport prisoners who are in custody of the City. The City must provide
sufficient staff to maintain security and control. In this situation the MCF -LL is
not considered to have assumed custody of the prisoners.
b. Logistical support by providing emergency supplies such as blankets, clothing,
food, and similar items when necessary to protect the safety and health of others.
Equipment such as vehicles, machinery, and generators may be provided, but
must ordinarily be operated by MCF -LL staff, or by City staff only until
emergency situation is controlled, and the public safety is no longer endangered.
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c. Assistance with searches for missing persons. MCF -LL may not assist in
searches for felony offenders who have escaped from City custody.
d. Medical support including medical equipment and supplies.
e. Hostage negotiations — MCF -LL may provide equipment and trained hostage
negotiators, but their activities are ordinarily to be limited to background
consultations, rather than direct negotiations with prisoners or citizens. Approval
to provide this service must be made through the MCF -LL authorized
representative.
f. Canine unit assistance pursuant to MCF -LL Division Directive 301.120, which is
attached and incorporated into this Agreement.
g. Special Operations Response Teams as outlined in Minnesota Department of
Corrections Division Directive 300.036, "Emergency Assistance Non -State
Systems," which is attached and incorporated into this agreement.
3. Authorized Representatives
The MCF -Lino Lakes Authorized Representative is David R. Crist, Warden, or successor.
The City Authorized Representative is , , or successor.
4. No Liability for Failure to Respond
No party to this Agreement, not any officer or employee of a party shall be liable to the other
party or any other person for failure to furnish equipment or personnel in response to a call for
assistance under this Agreement. Further, responding party may recall any assistance provided
under this Agreement if the responding party, in the best judgment of the Authorized
Representative, deems it necessary to provide for the best interests of the responding party's
community. Such action shall not result in liability to either party.
5. Liability for Injury or Damage to Responding Parties Personnel or Equipment
A responding party shall be responsible for its own personnel, equipment and for injuries or
death to any such personnel or damage to any such equipment. Responding personnel shall be
deemed to be performing their regular duties for the responding parting. Insurance coverage and
any financial compensation shall be the responsibility of the responding party. Each party
waives the right to sue any other party for any worker's compensation benefits to its own
employees or volunteers, even if the injuries were caused wholly or partially by the negligence of
any other party, its officers, employees, or volunteers.
6. Liability for Injury to Third Parties or the Property of Third Parties
The requesting party agrees to indemnify and defend against any claims brought or actions filed
against a responding party or any officers, employees, or volunteers of the responding party for
injury or death to any third person or persons or damage to the property of third persons arising
out of the performance and provisions of assistance pursuant to the Agreement. Under no
circumstances shall a requesting party be required to pay, on behalf of itself and other parties,
any amounts in excess of the limits of liability established in Minnesota Statutes.
7. Reimbursement for Services
Services provided during the initial 24 hours of an emergency shall be provided without charge
to the requesting party. The requesting party shall reimburse the responding party for the actual
cost of assistance provided after the initial 24 -hour period. The requesting party shall reimburse
the responding party for such actual costs within thirty (30) days of submission of the itemized
bill for services.