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HomeMy WebLinkAboutRES 18-023 AUTHORIZING JOINT POWERS AGREEMENT FOR THE RAMSEY COUNTY SPECIAL WEAPONS AND TACTICS TEAM (RC-SWAT)CITY OF SAINT ANTHONY VILLAGE STATE OF MINNESOTA RESOLUTION 18 -023 A RESOLUTION AUTHORIZING JOINT POWERS AGREEMENT FOR THE RAMSEY COUNTY SPECIAL WEAPONS AND TACTICS TEAM (RC -SWAT) WHEREAS, The City of St. Anthony has been part of The East Metro SWAT Team since 2002; and WHEREAS, The East Metro SWAT will combine with the RC -SWAT effective upon execution of agreement; and WHEREAS, The City of St. Anthony wishes to appoint personnel from the St. Anthony Police Department to join the RC -SWAT. NOW, THEREFORE, BE IT RESOLVED, the City Council authorizes the City of St. Anthony to become a member of the Ramsey County Special Weapons and Tactics Team (RC -SWAT) and execute Joint Powers Agreement. Adopted this 13th day of March, 2018. Jerome O. Faust, Mayor ATTEST: Ni of Miller, City le' Review for Administration: VA ('4 / Mark Casey, City Manager RAMSEY COUNTY SHERIFF'S SPECIAL WEAPONS AND TACTICS TEAM AMENDED & RESTATED JOINT POWERS AGREEMENT The parties to this Amended and Restated Agreement are the City of Maplewood, the City of White Bear Lake, the City of Mounds View, the City of New Brighton, the City of North Saint Paul, the City of Roseville, the City of Saint Anthony, the University of Minnesota, the Metropolitan Council, and the County of Ramsey (collectively, "Parties"). The Parties are all units of government responsible for critical incident response in their respective jurisdictions. This Agreement is made pursuant to the authority conferred upon the Parties by Minn. Stat § 471.59. This Agreement shall become effective only upon the approval and execution hereof by duly authorized officials of all of the Parties. NOW, THEREFORE, the undersigned Parties, in the joint and mutual exercise of their powers, agree as follows: 1. Purpose. 1.1 The purpose of this Amended and Restated Joint Powers Agreement ("Agreement") is to amend and restate in its entirety the Joint Powers Agreement first entered into in 2016 that formally created and established the Ramsey County Sheriff's Special Weapons and Tactics Team ("RC -SWAT" or "Team") as an organization to coordinate efforts to develop and provide joint responses to critical incidents or high risk entries where there is a risk of criminal violence, occurring within and outside of the Parties' jurisdictions. 1.2 It is the intent of the parties that the RC -SWAT does not constitute a separate entity under Minnesota law. 2. Budget and Finance 2.1 The Ramsey County Sheriff's Office ("RCSO") shall provide a budget for basic operations of the RC -SWAT. The RCSO shall provide budgeting and accounting services as necessary or convenient for the RC -SWAT. Such services shall include but not be limited to: management of funds, payment for contracted services and other financial obligations set forth in this Agreement, and relevant bookkeeping and record keeping. 2.2 The Parties acknowledge and agree that beginning with the 2019 fiscal year, RCSO will assess each Party an annual fee (Fee) to cover training and other operational expenses related to the RC -SWAT. RCSO will establish the Fee and notify each Party of the fee by October 1 of the preceding year. If a Party fails to pay the Fee by February 1 of the applicable fiscal year, the provisions of Section 7.1 shall apply. 2.3 The Parties will provide basic uniforms and equipment for their Team members. Parties may lend or provide additional equipment to RC -SWAT, as they are able. 2.4 The RC -SWAT may apply for and/or accept gifts, grants or loans of money or other property (excluding real property) or assistance from the United States government, the State of Minnesota, any political subdivision of the State of Minnesota, or any person, association, or agency for any of its purposes; enter into any agreement in connection therewith; and hold, use, and dispose of such money or other property and assistance in accordance with the terms of the gift, grant, or loan relating thereto. 2.5 The RC -SWAT does not have the authority to seize property for purposes of Minn. Stat. §§ 609.531-.5318. 2.6 All property and cash monies obtained through forfeiture that are derived from RC -SWAT operations shall remain the property of the law enforcement agency of record wherein the operation occurred. 3. Team Leaders 3.1 The Ramsey County Sheriff shall appoint a Team Commander from the RCSO to lead the RC -SWAT. 3.2 The Team Commander shall appoint an Executive Officer. 3.3 The Team Commander and Executive Officer shall appoint POST -licensed peace officers to serve as RC -SWAT Team Leaders. Appointment as a Team Leader pursuant to this Agreement shall not obligate any Party to pay to its employees so appointed supervisory or other premium pay except as provided by the collective bargaining agreement between the Party and its employees. 3.4 Team Leaders assigned to the RC -SWAT at all times will remain employees of the leaders' own jurisdictions and will not be employees of the RCSO or the RC -SWAT. 3.5 Team Leaders shall be the liaison between the Team members and the Team Commander or Executive Officer when a RC -SWAT team has been deployed pursuant to this Agreement. Team leaders may fill the role of Team Commander or Executive Officer when asked to do so by the Team Commander or the Executive Officer. 4. Team Members 4.1 The chief law enforcement officer of each Party approves POST -licensed peace officers from their law enforcement agency who meet the minimal qualifications, as set by the Team Commander, to test for the RC -SWAT. The testing process is to select the best peace officers for the position regardless of members' own jurisdictions. An agency participating may not have a peace officer on the team as a result of the competitive process. Appointment as a Team Member pursuant to this Agreement shall not obligate any Party to pay its employees so appointed any premium pay except as provided by the collective bargaining agreement between the Party and its employees. 4.2 The fire chief of a Party may approve properly vetted Emergency Medical Technicians or Paramedics (collectively referred to as Medics) who meet the minimal qualifications, as set by the Team Commander, to test for RC - SWAT. Proper vetting for these positions will include, at a minimum, criminal background checks conducted by RCSO. The testing process is to select the best Medics for the position regardless of members' own jurisdictions. An agency participating may not have a Medic on the team as a result of the competitive process. Appointment as a Team member pursuant to this Agreement shall not obligate any party to pay its employees so appointed any premium pay except as provided by the collective bargaining agreement between the Party and its employees. 4.3 Team Members assigned to the RC -SWAT will at all times remain employees of the Members' own jurisdictions. 4.4 Team members assigned to the RC -SWAT may be removed from RC - SWAT by the Team Commander based on performance, safety, participation or RC -SWAT Policy regardless of the members' own jurisdictions. 5. Operations 5.1 Training. The Team Commander shall be responsible for arranging training events for Team Leaders and Team Members, consistent with the National Tactical Officers Association (NTOA) standards. The Team Commander shall also be responsible for maintaining records of the training received by Team Leaders and Team Members as well as records of all other activities undertaken by the Team Commander, Executive Officer, Team Leaders, and Team Members pursuant to this Agreement. 5.2 Deployment 5.2.1 Definitions and Controlling Law. A Party to this agreement may request assistance from RC -SWAT. A Party requesting assistance is the "Requesting Party" or "Receiving Party." The Parties that compose RC -SWAT are the "Responding Parties." Requests for assistance by Parties to this Agreement are governed by Minn. Stat. § 12.331, except as modified by this Agreement. 5.2.2 Requests for Assistance by Parties. Whenever a Party determines that conditions within its jurisdiction require specialized support in handling critical field operations, where intense negotiations or special tactical deployment methods appear to be necessary, the Party may request that the Ramsey County Sheriff or his or her designee deploy RC -SWAT to assist the Party. Upon a request for assistance, RC -SWAT may be dispatched to the Requesting Party's jurisdiction, in accordance with RC -SWAT policy. The Team Commander or Executive Officer shall notify the Chief Deputy of the RCSO of any request for assistance. No Party or individual member of RC -SWAT shall incur any liability based upon a refusal to respond. In addition, once deployed, the Team Commander or Executive Officer may at any time and in his or her sole judgment recall the Team. The decision to recall a Team deployed pursuant to this Agreement will not result in liability to any Party or to the Team Commander or Executive Officer who recalled the Team. 5.2.3 Direction and Control. Personnel and equipment provided pursuant to this Agreement shall remain the personnel and property of the Party providing the same. The Requesting Party will be in control of the scene. The Team will not engage in any controlled offensive action without the express authorization of the chief law enforcement officer (CLEO) of the Requesting Party, or the CLEO's designee, or a district court -approved search warrant with a "no- knock" authorization. Nothing in this provision shall limit the Team Commander's ability to establish Team Member protocol to take emergency action in response to immediate threats to officer or public safety in accordance with law. 5.2.4 Compensation. When the RC -SWAT provides services to a Requesting Party, the Team Members of the RC -SWAT shall be compensated by their respective employers just as if they were performing the duties within and for the jurisdiction of their employers. No charges will be levied by the RC -SWAT or by the Parties for specialized response operations provided to a Requesting Party pursuant to this Agreement unless that assistance continues for a period exceeding 24 continuous hours. If assistance provided pursuant to this Agreement is reimbursable by an outside source, any Party whose officers provided assistance for the RC - SWAT may submit itemized bills for the actual cost of any assistance provided, including salaries, overtime, materials and supplies, to the RC -SWAT Team Commander. The RC -SWAT shall submit the invoices to the reimbursing entity. The reimbursing entity shall reimburse the RC -SWAT for the actual cost, and the RC -SWAT shall forward the reimbursement to the Responding Party. 5.2.5 Workers' Compensation. Each Party to this Agreement shall be responsible for injuries to or death of its own employees in connection with services provided pursuant to this Agreement. Each Party shall maintain workers' compensation coverage or a program of self-insurance, covering its own personnel while they are providing assistance as a member of the RC -SWAT. Each Party to this Agreement waives the right to sue any other Party for any workers' compensation benefits paid to its own employee or their dependents, even if the injuries were caused wholly or partially by the negligence of any other Party or its officers, employees, or agents. 5.2.6 Damage to Equipment. Each Party shall be responsible for damage to or Is of its own equipment occurring during deployment of the RC -SWAT. 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 agents. 5.2.7 Liability 5.2.7.1 The intent of this section is to impose on each Requesting Party a limited duty to defend and indemnify Responding Parties for claims arising against the Responding Parties subject to the limits of liability under the Minnesota Municipal Tort Liability Act (Minn. Stat. Ch. 466). The purpose of creating this duty to defend and indemnify is to simplify the defense of claims by eliminating conflicts among defendants and to permit liability claims against multiple defendants from a single occurrence to be defended by a single attorney. 5.2.7.2 A Requesting Party shall defend, indemnify and hold harmless the Responding Parties, their employees, officers, and elected and appointed officials for injury to, death of, or damage to the property of any third person or persons, arising from the performance and provision of assistance in responding to a request for assistance by a Requesting Party pursuant to this Agreement, subject to the limits of liability under Minnesota Statutes Chapter 466 and other applicable law, rule, and regulation, including common law. 5.2.7.3 For purposes of the Minnesota Municipal Tort Liability Act, the employees and officers of the Responding Parties are deemed to be employees (as defined in Minn. Stat. § 466.01, subd. 6) of the Requesting Party, but only for purposes of addressing liability under this Agreement. The employees of the Responding Parties shall not be considered employees of the Requesting Party for any other purpose. 5.2.7.4 Under no circumstances shall a party be required to pay on behalf of itself and other Parties any amounts in excess of the limits on liability established in Minn. Stat. Ch. 466 applicable to any one Party. Pursuant to Minn. Stat. § 471.59, subd. 1a, the limits of liability for some or all of the Parties may not be added together to determine the maximum amount of liability for any Party or Requesting Party. In addition to the foregoing, nothing herein shall be construed to waive or limit any immunity from, or limitation on, liability available to any Party, whether set forth in Minnesota Statutes, Chapter 466 or otherwise. 5.2.7.5 Consistent with Minn. Stat. § 466.07, nothing herein shall be construed to require provision of defense or indemnification to an officer, employee, or volunteer of any member for any act or omission for which the officer, employee, or volunteer is guilty of malfeasance in office, willful neglect of duty, or bad faith. 5.2.8 Aid to Non -Parties. 5.2.8.1 Definitions and Controlling Law. A political subdivision that is not a Party to this Agreement may request assistance from RC - SWAT. A non-party political subdivision that requests assistance is the "Requesting Political Subdivision" or 'Receiving Political Subdivision" as that term is used in Minn. Stat. § 12.331. The Parties that compose RC -SWAT are the "Sending Political Subdivision(s)" as that term is used in Minn. Stat. § 12.331. Requests for assistance by other political subdivisions are governed by Minn. Stat. § 12.331. 5.2.8.2 Upon a request for assistance from a political subdivision that is not a Party to this Agreement, R C - S W A T may be deployed to such Requesting Political Subdivision, provided that the Ramsey County Sheriff or his or her designee has consented to such deployment. No Party or individual member of RC -SWAT shall incur any liability based upon a failure to provide assistance. Upon deployment, the Requesting Political Subdivision will be in control of the scene. The Team will not engage in any controlled offensive action without the express authorization of the chief law enforcement officer (CLEO) of the Requesting Political Subdivision, or the CLEO's designee, or a district court -approved search warrant with a "no-knock" authorization. Nothing in this provision shall limit the Team Commander's ability to establish Team Member protocol to take emergency action in response to immediate threats to officer or public safety in accordance with law. 5.2.8.3 Liability and responsibility for use of personnel, equipment, and supplies, resulting from the provision of assistance to a Receiving Political Subdivision shall be allocated in the same manner as provided by Minnesota Statutes §12.331, subd. 2, i.e., any Party to this agreement assumes the same liability as a Sending Political Subdivision and the non-party assumes the same liability as a Receiving Political Subdivision. 6. Term. The term of this Agreement shall begin upon execution of this Agreement by all Parties. This Agreement shall continue in effect until terminated in accordance with its terms. 7. Withdrawal and Termination. 7.1 Withdrawal. Any Party may withdraw from this Agreement upon six (6) months' written notice to the other Parties or by the failure to pay the Fee described in Section 2. Withdrawal by any Party shall not terminate this Agreement with respect to any Parties who have not withdrawn. Withdrawal shall not discharge any liability incurred by any Party, its employees, officers, and elected and appointed officials prior to withdrawal. Such liability shall continue until discharged by law or agreement. 7.2 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; (b) when a majority of the then existing Parties agrees to terminate the Agreement upon a date certain; or (c) when the Ramsey County Sheriff, in his or her sole discretion, decides to terminate this agreement. 7.3 Effect of Termination. Termination s h a I I not discharge a n y liability incurred by any Party, its employees, officers, and elected and appointed officials during the term of this Agreement. 8. Miscellaneous. 8.1 Amendments. This Agreement may be amended only in writing and upon the consent of each Parties' governing bodies. 8.2 Counterparts. This Agreement may be executed in two or more copies, each of which shall be deemed an original, but all of which shall constitute one and the same instrument. Counterparts shall be submitted to the Ramsey County Sheriff. 8.3 Additional Parties. Upon the consent and approval of the existing Parties to this Agreement and their governing bodies, any other municipality operating within Ramsey County may become a Party to this Agreement, upon approval of that municipality's governing body, adoption of a resolution by the municipality's governing body, execution of this Agreement, and submission of a copy of the signed Agreement with Ramsey County. IN WITNESS WHEREOF, the Parties have executed this Agreement as of the last date this Agreement is signed by the Parties as written below. FOR THE CITY OF MAPLEWOOD Approved Date Scott Nadeau, Chief of Police Approved Approved Steve Lukin, Fire Chief Nora Slawik, Mayor Date Date Approved Date Andrea Sindt, City Clerk Approved as to Form Ronald H. Batty, City Attorney Designee for purposes of receipt of Notice: Title: Address: [SIGNATURE PAGES FOLLOW] Date FOR THE CITY OF MOUNDS VIEW Approved Approved Approved Nathan Harder, Chief of Police Carol A. Mueller, Mayor Nyle Zikmund, City Administrator Approved as to Form in Scott J. Riggs, City Attorney Designee for purposes of receipt of Notice: Title: Address: Date Date Date Date [SIGNATURE PAGES FOLLOW] FOR THE CITY OF WHITE BEAR LAKE Approved Julie Swanson. Chief of Police Approved Jo Emerson, Mayor Approved Approved as to Form In , City Clerk Andy Pratt, City Attorney Designee for purposes of receipt of Notice: Title: /_[[1iX31 [SIGNATURE PAGES FOLLOW] Date Date Date Date FOR THE CITY OF NEW BRIGHTON Approved Date Tony Paetznick, Director of Public Safety Approved Valerie Johnson, Mayor Date Approved Date Terri Spangrud, City Clerk Approved as to Form 31 , City Attorney Designee for purposes of receipt of Notice: Title: Address: Date [SIGNATURE PAGES FOLLOW] FOR THE CITY OF ROSEVILLE Approved Approved Approved Approved Rick Mathwig, Chief of Pol Tim O'Neill, Fire Chief Dan Roe, Mayor Pat Trudgeon, City Manager Approved as to Form , City Attorney Designee for purposes of receipt of Notice: Title: Address: [SIGNATURE PAGES FOLLOW] Date Date Date Date FOR THE UNIVERSITY OF MINNESOTA Approved Approved Approved Matthew A. Clark, Chief of Police Eric W. Kaler, President I Klatt, Chief Auditor Approved as to Form Date Date Date By: Date Doug Peterson, General Counsel Designee for purposes of receipt of Notice: Title: Address: [SIGNATURE PAGES FOLLOW] FOR THE CITY OF SAINT ANTHONY Approved c�,,�, Date 3113/18 J angseth, Chief f Police Approved, `_ J Date 31141f Jerome O. Faust, Mayor Approved A4 66/ 1 Date Mark Casey, City Manager Approved as to Form M Date Designee for purposes of receipt of Notice: Title: L' Ck Qr( t� 0 � � u , \\ ,� �J Address: 3,30 t�VQf �C�L 1 . [SIGNATURE PAGES FOLLOW] y AV ss(>iy FOR THE METROPOLITAN COUNCIL Approved Date John Harrington, Chief of Police Approved Date Alene Tchourumoff, Chair Approved Date Wes Kooistra, Regional Administrator Approved as to Form By: Date General Counsel Designee for purposes of receipt of Notice: Title: /_rC'liZfl [SIGNATURE PAGES FOLLOW] FOR THE CITY OF NORTH ST. PAUL Approved Date Tom Lauth, Chief of Police Approved Date Scott Duddeck, Fire Chief Approved Date Mike Kuehn, Mayor Approved Date Dr. Craig Waldron, City Manager Approved as to Form By: Soren Mattick, City Attorney Designee for purposes of receipt of Notice: Title: Address: [SIGNATURE PAGES FOLLOW] FOR THE COUNTY OF RAMSEY Approved Date Jim McDonough, County Board Chair Approved Date Janet Guthrie, County Board Chief Clerk Approval recommended: Jack Serier, Sheriff Approved as to Form A John Ristad, Assistant County Attorney Designee for purposes of receipt of Notice: Title: Address: Date Date