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HomeMy WebLinkAboutCC RES 98-035 RESOLUTION APPROVING THE JOINT POWERS AGREEMENT FOR POLICE SERVICES WITH THE CITY OF FALCON HEIGHTS AND AUTHORIZING THE MAYOR AND CITY MANAGER TO EXECUTE SAID AGREEMENT Meeting Sheet IIIIIIVIIIVIIIVIIIVIIIVIIIIIII IIII 103157 Box: 26 Folder: RES 1998 Document: CC RES 98-035 RESOLUTION APPROVING THE JOINT POWERS AGREEMENT FOR POLICE SERVICES WITH THE CITY OF FALCON HEIGHTS AND AUTHORIZING THE MAYOR AND CITY MANAGER TO EXECUTE SAID AGREEMENT CITY OF ST. ANTHONY RESOLUTION 98-035 A RESOLUTION APPROVING THE JOINT POWERS AGREEMENT FOR POLICE SERVICES WITH THE CITY OF FALCON HEIGHTS AND AUTHORIZING THE MAYOR AND CITY MANAGER TO EXECUTE SAID AGREEMENT WHEREAS, the City of St. Anthony and the City of Falcon Heights desire to enter into a joint powers agreement whereby the City of St. Anthony agrees to provide police services for the City of Falcon Heights during 1999 and 2000. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of St. Anthony hereby approves the Joint Powers Agreement with the City of Falcon Heights and authorizes the Mayor and City Manager to execute said Agreement on behalf of the City of St. Anthony. • Adopted this a day of �� , 1998. Mayor ATTEST: City Clerk Reviewed for administration: 411 City M ager • t t • JOINT POWERS AGREEMENT FOR POLICE SERVICES This Agreement is made and entered into as of M a 4 1998, between the CITY OF ST. ANTHONY, a municipal corporation under the laws of the State of Minnesota ("St. Anthony") and the CITY OF FALCON HEIGHTS, a municipal corporation under the laws of the State of Minnesota ("Falcon Heights"). The services to be performed under this Agreement will commence January 1 , 1999. I. PURPOSE St. Anthony and Falcon Heights have the power within their respective cities to provide for the prevention of crime and for police protection. Under Minnesota Statutes, Section 471 .59, the cities may, by agreement, provide for the exercise of the police power by one city on behalf of the other city. This Agreement sets forth the terms and conditions under which St. Anthony will provide police services for Falcon Heights. St. Anthony will have full authority and responsibility to provide services in accordance with all enabling legislation under the • laws of the State of Minnesota and the ordinances of Falcon Heights. St. Anthony will provide feedback to the Falcon Heights City Administrator and City Council on a regular and timely basis, and will actively support the creation of a joint advisory committee pursuant to Section IX of this Agreement, whose members come from both cities, and whose purpose is to review, monitor, and ensure a successful relationship between the two cities under this Agreement. II. INTERPRETATION This Agreement is entered following the preparation by Falcon Heights of a Request for Proposal for Police Services and the submission of a responsive Proposal by St. Anthony (the "Proposal"). To the extent that any of the provisions of this Agreement are inconsistent with the provisions of the Proposal, the provisions of this Agreement will control. If any provision of this Agreement is ambiguous, the parties agree that the Proposal may be looked to as evidence of the parties' intent. III. SERVICES St. Anthony will provide Falcon Heights with 24 hour police service, and will physically • place a certified officer within the boundaries of Falcon Heights 24 hours each day, except in those instances when the officer makes an arrest and transports a prisoner, • Joint Powers Agreement for Police Services Page 2 during mutual aid situations, when providing a backup for another officer, or when called away for a court appearance, booking or similar police matter. Subject to these exceptions and in normal circumstances, St. Anthony will provide 24 hour police protection and police presence each day within the City of Falcon Heights. In those instances stated above when an officer is not physically present in Falcon Heights, St. Anthony will respond to emergency police calls with other officers. IV. LEVEL OF SERVICES During the term of this Agreement, St. Anthony will provide to Falcon Heights the same police service extended to persons and property within St. Anthony, which will include, but be limited to, the following: A. Patrol services, with random patrolling of all residential, business and public property areas during all shifts; • B. Police presence within the boundaries of Falcon Heights 24 hours each day, subject only to the exceptions noted above; C. Animal control services as provided within the City of St. Anthony by the animal control service employed by St. Anthony; D. Enforcement of all ordinances of Falcon Heights which are intended to be enforced by police officers, with special attention being given to parking, winter and nuisance ordinances; E. Ticketing for traffic violations will be done routinely during normal shifts; F. Crime prevention programs that encourage community involvement and investment in the City of Falcon Heights, including participation in the Mayor's Commission, Family Violence Network, Neighborhood Watch Programs, "McGruff Houses," and "Combat Auto Theft" programs; in appropriate cases, referrals will be made to the Northwest Youth and Family Services Youth Diversion Program; G. Criminal investigations, crime lab service and supervisory service; H. Reports on police services and activities, including weekly, monthly and • annual police reports; • Joint Powers Agreement for Police Services Page 3 I. Responses to medical emergencies, fires and other emergencies; responses shall include, where appropriate, securing the scene for fire/rescue personnel, accompanying fire/rescue personnel to the hospital upon request of such personnel, and providing follow-up information to fire/rescue personnel upon request of such personnel; J. Officers will be available at Falcon Heights City Hall to answer questions from, and provide information regarding police activities to, Falcon Heights residents, business owners and staff on an as-needed basis; K. License inspections, background investigations and license enforcement services as called for under applicable state law or city ordinances; L. Review and comment, upon request, of proposed Falcon Heights ordinances affecting police services or enforcement; M. Follow-up on reported crimes with the persons) who reported the crime, • including routine notification by telephone or mail as to the status of the investigation; and N. Special event traffic patrol services, including ten days per year during the State Fair; and other events such as periodic parades and the National Street Rods Association Convention. V. PAYMENT FOR SERVICES This Agreement will be effective January 1, 1999 and will continue until December 31 , 2000, In consideration of the services to be provided under this Agreement, Falcon Heights will pay St. Anthony an annual fee of $381,507 for the year 1999, and an annual fee of _$_3_96,767 for the year 2000, for the police services under this Agreement. This Agreement will be effective January 1, 1999 and will continue indefinitely unless canceled in accord with the procedure outlined in Section XX of this Agreement. In consideration of services provided for under this Agreement, St. Anthony and Falcon Heights shall establish the fee for these services on a biennial basis by May 15th of the even numbered year preceding each biennium. Joint Powers Agreement for Police Services Page 4 VI. METHOD OF PAYMENT St. Anthony will bill Falcon Heights monthly for 1/12 of the annual fee, and Falcon Heights will promptly remit payments to St. Anthony within 30 days after receiving each billing from St. Anthony. VII. LIABILITY St. Anthony will be responsible for all liability incurred as a result of the actions of St. Anthony police officers under this Agreement, and will hold Falcon Heights, its officers and employees harmless for any liability resulting from actions of a St. Anthony employee and shall defend Falcon Heights, its officers and employees, against any claim for damages arising out of St. Anthony's performance of this Agreement; provided, however that if the claim, action or liability is one which is insured by St. Anthony's liability insurer, Falcon Heights will bear the first $5,000.00 of expense for any such claim, action or liability, or expenses relation thereto, including attorneys' fees, to the extent not covered by the insurer because of a deductible amount under • the policy (which deductible amount is currently $10,000.00). VIII. ADMINISTRATIVE RESPONSIBILITY The law enforcement and police services rendered to Falcon Heights will be under the sole direction of St. Anthony. The standards of performance, the hiring and discipline of officers assigned, and other matters relating to regulations and policies related to police employment, services and activities, will be within the exclusive control of St. Anthony. The parties hereto expressly affirm the importance of work force diversity and St. Anthony agrees to use reasonable efforts, within applicable departmental budgetary limits, to recruit qualified female and minority police officers through the Minnesota Police Recruitment System. IX. JOINT ADVISORY COMMITTEE Both cities will appoint members to a joint advisory committee. The committee will meet at least four times each year to ensure that this Agreement and the services performed pursuant to this Agreement are meeting the expectations of both cities. Any recommendations of the committee will be strictly advisory. • t 1 • Joint Powers Agreement for Police Services Page 5 X. COMMUNICATIONS, EQUIPMENT AND SUPPLIES St. Anthony will furnish all communication equipment and any necessary supplies required to perform the services which are to be rendered under this Agreement. XI. COOPERATION AND ASSISTANCE AGREEMENTS Falcon Heights will be included in all cooperative agreements entered into by the St. Anthony Police Department with other police services units. XII. HEADQUARTERS Headquarters for services rendered to Falcon Heights under this Agreement will be located at offices owned or leased by St. Anthony. The citizens of Falcon Heights may notify headquarters or Ramsey County radio dispatch for police services requested • either in person or by some other means of communication. St. Anthony officers may take routine telephone calls and complete routine reports for Falcon Heights at the Falcon Heights City Hall, and Falcon Heights will have facilities available to the officers at Falcon Heights City Hall for this purpose. The facilities will include a desk, telephone, fax and copier. XIII. EMPLOYEES OF ST. ANTHONY Officers assigned to duty in Falcon Heights will at all times be employees of St. Anthony. All obligations with regard to workers compensation, PERA, withholding tax, insurance, and similar personnel and employment matters will be the obligation of St. Anthony. Falcon Heights will not be required to furnish any fringe benefits or assume any other liability of employment to any officer assigned to duty within Falcon Heights. XIV. ENFORCEMENT POLICIES Enforcement policies of St. Anthony will prevail as the enforcement policies within Falcon Heights. A written statement of the current enforcement policies of St. Anthony will be provided in writing to Falcon Heights. • • Joint Powers Agreement for Police Services Page 6 XV. ENFORCEMENT OF ORDINANCES OF THE CITY OF FALCON HEIGHTS St. Anthony officers assigned to duty within Falcon Heights will enforce Falcon Heights' ordinances to the extent appropriate for enforcement by police officers. XVI. OFFICERS OF FALCON HEIGHTS The officers assigned duty within Falcon Heights will be provided with authority to enforce the laws of the City of Falcon Heights by proper action to be taken by the Falcon Heights City Council, and while performing services under this Agreement will be considered police officers of Falcon Heights. The Chief of Police of St. Anthony will furnish to the Falcon Heights City Administrator the names of all St. Anthony police officers assigned to Falcon Heights, and all such officers will be appointed officers of the City of Falcon Heights. • XVII. OFFENSES All offenses within Falcon Heights charged by police officers under this Agreement will be charged in accordance with Falcon Heights' ordinances when possible; otherwise, the charge will be made in accordance with the laws of the State of Minnesota or the laws of the United States of America. XVIII. COMMUNICATIONS St. Anthony agrees to provide the Falcon Heights Administrator with weekly, monthly and annual police reports, in a format as is mutually agreed to by the St. Anthony Police Chief and the Falcon Heights City Administrator. The St. Anthony Police Chief will regularly communicate with the Falcon Heights City Administrator in order to ensure that Falcon Heights is knowledgeable about any police activity in the City, and at the request of the Administrator the Police Chief will make presentations to the Falcon Heights City Council. • • Joint Powers Agreement for Police Services Page 7 XIX. PROSECUTION AND REVENUES Falcon Heights will pay all costs of prosecution for all offenses charged within its boundaries or under its ordinances. LEAA funds and confiscated drug funds will be retained by St. Anthony. Fine revenues will be paid to Falcon Heights. P.O.S.T. training funds will be used for officer training. XX. CONTINUATION OF AGREEMENT This Agreement will be effective January 1 , 1997 and will continue until terminated as described in Paragraph XXI below. Inconsideration for services provided under this Agreement, St. Anthony and Falcon Heights shall establish the fee for police services on a biennial basis on or before May 15th of the even numbered year preceding each biennium. XXI. TERMINATION OF AGREEMENT Either St. Anthony or Falcon Heights may terminate the Agreement by submitting a written notification to terminate to the City Administrator of Falcon Heights and the City Manager of St. Anthony by April 15th of even numbered years that St. Anthony or Falcon Heights intends to terminate the Agreement. Termination of this Agreement shall be effective on December 31 st at 11 :59 of the year that either St. Anthony or Falcon Heights terminate the Agreement. XXII. REVIEW OF AGREEMENT From time to time the terms and conditions of this Agreement shall be reviewed and revised as St. Anthony and Falcon Heights deem necessary. XXIII. ASSIGNMENT The rights and obligations of the parties under this Agreement will not be assigned, and St. Anthony will not subcontract for any services to be furnished to Falcon Heights (except as otherwise provided in this Agreement), without the prior written consent of the other party. • • Joint Powers Agreement for Police Services Page 8 The parties hereto have executed this Agreement as of the date first above stated. CITY OF FALCON HEIGHTS CITY OF ST. ANTHONY By: By: Mayor Mayor By: By: City Administrator City Manager • • Joint Powers Agreement • St. Anthony/Lauderdale Page 5 The St. Anthony Police Chief will regularly commnunicate with the Lauderdale City Administrator in order to ensure that Lauderdale is knowledgeable about any police activity in the City, and at the request of the Administrator the Police Chief will make presentations to the Lauderdale City Council. XVIII. PROSECUTION Lauderdale shall pay all costs of prosecution for all offenses charged within its boundaries or under its ordinances. XIX. TERMS OF AGREEMENT This Agreement is on-going. The parties agree to commence negotiations for a mutually agreeable annual cost on or before April 15th of even numbered years. Either St. Anthony or Lauderdale may terminate the Agreement by submitting a written notification of the intent to terminate to the City Administrator of Lauderdale and the City Manager of St. Anthony by May 15th of even numbered years that St. Anthony or Lauderdale intends to terminate the Agreement. • Termination of this Agreement shall be effective on December 31st at 11 :59 P.M. of the year that either St. Anthony or Lauderdale terminates the Agreement. From time to time other terms and conditions of this Agreement shall be reviewed and revised as St. Anthony and Lauderdale deem necessary. IN WITNESS THEREOF, THE PARTIES HERETO HAVE EXECUTED THIS AGREEMENT ON THE DATE SET FORTH BELOW. CITY OF LAUDERDALE CITY OF ST. ANTHONY By: By: Mayor Mayor By: By: City Administrator City Manager Date: Date: •