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HomeMy WebLinkAbout9C Club Nomadic Event Report Phone 952.447.9800 / Fax 952.447.4245 / www.cityofpriorlake.com 4646 Dakota Street SE Prior Lake, MN 55372 CITY COUNCIL AGENDA REPORT MEETING DATE: NOVEMBER 06, 2017 AGENDA #: 9C PREPARED BY: FRANK BOYLES, CITY MANAGER; MARK ELLIOTT, POLICE CHIEF PRESENTED BY: MARK ELLIOTT AGENDA ITEM: CONSIDER APPROVAL OF A RESOLUTION APPROVING A COOPERATIVE LAW ENFORCEMENT AGREEMENT BETWEEN THE SHAKOPEE MDEWAKANTON SIOUX COMMUNITY AND THE CITY OF PRIOR LAKE RELATED TO THE 2018 CLUB NOMADIC EVENT DISCUSSION: Introduction The purpose of this agenda report is to request city council approval of the above agreement so that the SMSC may proceed with planning Club Nomadic events in association with the Super Bowl this winter. History The SMSC have long sought to attract tourists to the Prior Lake area generally and their facilities specifically for commercial purposes. Most recently the SMSC have made significant improvements to their facilities in anticipation of the Super Bowl and future large-scale events. With Super Bowl LII coming to Minneapolis in the first week of February 2018, the SMSC has arranged for Club Nomadic to build a temporary building on their property. This building will house four major concerts during the evenings of the Super Bowl Celebration the first week in February. While the artists have not yet been announced it is expected they will be internationally acclaimed. About 9000 persons are expected to attend each concert. The Police Department has been working closely with representatives of Club Nomadic, SMSC, Scott County, the Sherriff’s office and others to plan for these events. From the previous Club Nomadic experiences in the San Francisco and Houston Super Bowls, a comprehensive approach has been developed to address the many challenges associated with hosting over 9000 visitors each day for a four-day period. Current Circumstances It is estimated that public safety services for these events will require a 100+ person security force working together with 60 police officers from other metropolitan departments on duty at various times. The agreement between the SMSC and City will provide for the recruitment, hiring, training and record-keeping associated with the hiring 60 police officers. Below are the key features of the agreement: 1. Prior Lake will be responsible for hiring, scheduling, time tracking and training the police officers to serve these events. The officers will be considered independent contractors under the agreement. 2. A comprehensive rate per hour which includes wages and benefits is set forth in the agreement. Total personnel cost is expected to be $200,000 to $250,000. The SMSC will provide the city with this amount prior to the events. Actual pay will be based upon hours worked. 3. The SMSC will pay for a supplemental insurance policy associated with the event. We have worked closely with our insurer LMCIT to provide coverages which are appropriate to adequately protect all parties. 4. The agreement may be terminated by either party based upon cancellation of the event or upon breach of contract by the other party. ISSUES: The Club Nomadic agreement is an excellent example of the City of Prior Lake and SMSC working together. It is expected that the events at Mystic Lake Casino will also bring tourists who want to enjoy the Minnesota Experience. The city, area businesses and the SMSC are working together to identify ways to bring tourists to our downtown, the lakes and Lakefront Park to give visitors a true taste of the Prior Lake Community. While the event is three months away, approval of this agreement as soon as possible is desirable to assure there is sufficient time to recruit, employ and train the police officers needed to complete the contemplated responsibilities. FINANCIAL IMPACT: The agreement provides for advance payments by the SMSC to the city for all associated personnel, insurance and administrative costs so the impact of this agreement should be minimal. However other Super Bowl event related costs will likely result in budgetary impacts, the extent of which is unknown now. The SMSC Tribal Council will be considering approval of this agreement this week. ALTERNATIVES: 1. Motion and second to adopt a Resolution Approving a Cooperative Law Enforcement Agreement Between the Shakopee Mdewakanton Sioux Community and the City of Prior Lake Related to the 2018 Club Nomadic Event. 2. Take no action at this time and direct the staff to prepare additional information for city council consideration. RECOMMENDED MOTION: Alternative #1 4646 Dakota Street SE Prior Lake, MN 55372 RESOLUTION 17-___ RESOLUTION APPROVING A COOPERATIVE LAW ENFORCEMENT AGREEMENT BETWEEN THE SHAKOPEE MDEWAKANTON SIOUX COMMUNITY AND THE CITY OF PRIOR LAKE RELATED TO THE 2018 CLUB NOMADIC EVENT Motion By: Second By: WHEREAS, The SMSC and the City of Prior Lake have a long history of government to government cooperation; and, WHEREAS, The SMSC is hosting Club Nomadic from February 1, 2018 to February 4, 2018 on the SMSC Reservation and the SMSC and city agree that additional Minnesota licensed police officers during this time would better assure the public safety; and, WHEREAS, The parties agree that a unified command structure should be employed to ensure that an adequate level of law enforcement will be assured for the event; and, WHEREAS, WHEREAS, WHEREAS, Prior Lake will be the lead agency for the event including coordinating law enforcement resources with SMSC law enforcement and others and making staff assignments under the Unified Command; and, The SMSC has agreed to be responsible for all costs associated with the law enforcement services for the event; and, The SMSC and city agree to enter into a written agreement for this purpose. NOW THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF PRIOR LAKE, MINNESOTA as follows: 1. The recitals set forth above are incorporated herein. 2. The City Council approves the Cooperative Law Enforcement Agreement dated November 6, 2017. 3. The mayor and city manager are hereby authorized to execute the agreement on behalf of the City of Prior Lake. Passed and adopted by the Prior Lake City Council this 6th day of November 2017 VOTE Briggs McGuire Thompson Braid Burkart Aye ☐ ☐ ☐ ☐ ☐ Nay ☐ ☐ ☐ ☐ ☐ Abstain ☐ ☐ ☐ ☐ ☐ Absent ☐ ☐ ☐ ☐ ☐ _____________________________ Frank Boyles, City Manager COOPERATIVE LAW ENFORCEMENT AGREEMENT BETWEEN THE SHAKOPEE MDEWAKANTON SIOUX COMMUNITY AND THE CITY OF PRIOR LAKE RELATED TO 2018 CLUB NOMADIC EVENT This Cooperative Agreement (“Agreement”) is made and entered into by the Shakopee Mdewakanton Sioux Community (“SMSC”) and the City of Prior Lake, Minnesota (“Prior Lake”) pursuant to the Minn. Stat. §§ 626.93 and 471.59. This Agreement shall define and regulate the coordination of maintaining public order and enforcing the law (“Law Enforcement Services”) during SMSC’s hosting of Club Nomadic from February 1, to February 4, 2018, on the SMSC’s Reservation. This Agreement shall be governed by the following terms and conditions. Recitals WHEREAS, the SMSC has Tribal Conservation Officers that provide limited Law Enforcement Services on the SMSC Reservation and the State of Minnesota possesses criminal jurisdiction over the SMSC Reservation pursuant to 18 U.S.C. § 1162; and WHEREAS, the SMSC and Prior Lake have a long history of government -to-government relations, which includes the SMSC and Prior Lake maintaining a Law Enforcement Services agreement for such services within the governmental jurisdiction of the SMSC; and WHEREAS, the SMSC is hosting Club Nomadic from February 1, 2018, to February 4, 2018, (“Event”) on the SMSC Reservation and the SMSC agrees that additional Minnesota licensed peace officers (“Licensed Peace Officers”) to provide Law Enforcement Services during this time will better address and ensure the public safety and Prior Lake desires to provide such additional Licensed Peace Officers and Law Enforcement Services; and WHEREAS, a Unified Command structure, as that term is defined in Section 2.4, is appropriate to ensure an adequate level of law enforcement coordination required for the Event; and WHEREAS, Prior Lake will be the lead law enforcement agency for the Event, including coordinating law enforcement resources with SMSC law enforcement and others and making staff assignments under the Unified Command; and WHEREAS, the SMSC has agreed to be responsible for all costs associated with the Law Enforcement Services for the Event; and WHEREAS, for any matter not covered by this JPA, the SMSC and Prior Lake agree that the current general Cooperative Law Enforcement Agreement or other independent agreements between the Parties shall control; and NOW THEREFORE, the SMSC and Prior Lake agree to enter into this Agreement under the following terms: 1. PURPOSES OF THE AGREEMENT 1.1 The purpose of this Agreement is to set forth the terms and conditions under 2 which Prior Lake will provide the SMSC with Licensed Peace Officers to provide Law Enforcement Services during the term of the Event. 1.2 The Parties acknowledge and agree that resource availability requires Prior Lake to exercise its best judgment in prioritizing and responding to the public safety needs of its jurisdiction including, but not limited to, the City of Prior Lake and the Event. 1.3 Prior Lake shall provide Licensed Peace Officers for the Event. The Parties understand that Prior Lake will need to contract with additional Licensed Peace Officers or agencies to work the Event. 1.4 Prior Lake shall coordinate staffing assignments with the SMSC to meet the needs of the Event. 1.5 The Parties’ respective jurisdiction on the SMSC Reservation is preserved so that neither the SMSC, nor Prior Lake concede any claim to jurisdiction by entering into this Agreement. 2. PRIOR LAKE SCOPE OF SERVICE; ADDITIONAL CRITERIA OF LICENSED PEACE OFFICERS Prior Lake agrees to perform the following services: 2.1 Provide Licensed Peace Officers to provide Law Enforcement Services for the Event. Each officer’s home agency shall be responsible for paying and providing benefits to the officer. Prior Lake shall be responsible for reimbursing each home agency for the officers provided. Prior Lake shall provide to the SMSC information on each of the Licensed Peace Officers working the Event no later than thirty (30) days before the Event, which information includes, but is not limited to, name, rank, agency, badge number, cell phone number, and email address. Said information shall be used strictly for law enforcement purposes related to the Event and shall be subject to Section 8; and 2.2 Prior Lake shall provide, supervise, and coordinate training activities for all Licensed Peace Officers related to the Event, which training shall occur a reasonable time prior to the Event; and 2.3 Prior Lake shall ensure that each Licensed Peace Officer is assigned by Prior Lake to an Event-related assignment based on the Licensed Peace Officer’s skill- set and known duty assignment as well as the needs of the Event; including, but not limited to, foot patrol, motorized patrol, static posts at outdoor perimeters, general security inside or outside venues, and traffic control. 2.4 Prior Lake acknowledges and agrees that at all times during any required training 3 and during the Event each Licensed Peace Officer (and every other law enforcement resource and employee, regardless of rank or job title providing services at the Event) shall be subject to the Unified Command. The Unified Command shall be a structure of supervision, command, and control coordinated through a unified law enforcement command established by mutual agreement of the Parties, which follows unified command principles and practices established throughout the law enforcement community. 2.5 Prior Lake agrees to exercise reasonable efforts to cooperate and provide the SMSC with information reasonably requested by the SMSC that the SMSC deems necessary to facilitate and enable compliance with the terms and conditions contained in this Agreement. 2.6 Event staffing levels and assignments will be determined by Prior Lake as the lead law enforcement agency in consultation with the SMSC. 2.7 Prior Lake will comply with the statutes and rules requiring the preservation of evidence including, but not limited to, Minnesota Statutes, Section 590.10 and Section 626.04. Prior Lake and the Licensed Peace Officers contracted for by Prior Lake 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 Prior Lake, as the lead law enforcement agency, will maintain a list of Licensed Peace Officers assigned to the Event. 2.9 Prior Lake agrees that each of the Licensed Peace Officers provided for the Event shall meet the following criteria: 2.9.1. That each Licensed Peace Officer shall be licensed as a peace officer by the State of Minnesota and by reason of experience, training, and physical fitness be deemed by Prior Lake of being capable of performing Law Enforcement Services for the Event; and 2.9.2 That each Licensed Peace Officer is in good standing with Prior Lake and their respective employer. Throughout the term of this Agreement, Prior Lake agrees to promptly notify the SMSC in the event that it becomes aware that any Licensed Peace Officer is no longer an officer in good standing and upon becoming aware that the officer is no longer in good standing shall recall the Licensed Peace Officer; and 2.9.3 Prior Lake shall ensure that each Licensed Peace Officer is equipped 4 and/or supplied with a seasonally appropriate patrol uniform and equipment, including but not limited to service belts with Prior Lake or compatible radio equipment, service weapon, personal soft ballistic body armor, and traffic vest. 3. SMSC RESPONSIBILITIES 3.1 The SMSC will coordinate and cooperate with Prior Lake’s training to prepare for providing Law Enforcement Service for the Event. 3.2 The SMSC will coordinate with Prior Lake to establish and operate the Unified Command as provided in this Agreement. 3.3 The SMSC will reimburse Prior Lake for the Licensed Peace Officers, Law Enforcement Services, and insurance as provided under this Agreement as set forth in Exhibit A. 4. COMPENSATION AND PAYMENT PROCESS 4.1 The SMSC shall be solely responsible for reimbursing the costs related to the Licensed Peace Officers and Law Enforcement Services provided by Prior Lake under this Agreement. The SMSC shall also be responsible for additional insurance obtained by Prior Lake as follows: Prior Lake currently has general liability coverage of 2 million per occurrence and unlimited aggregate that will cover the Licensed Peace Officers under this Agreement. Prior Lake is obtaining a quote from the LMCIT to obtain an additional 1 million per occurrence to cover the services provided under this Agreement. The SMSC shall be solely responsible for reimbursing the costs of the additional 1 million per occurrence in general liability coverage up to $15,000. If the cost of the insurance exceeds $15,000 but does not exceed $20,000, the SMSC will be responsible for $15,000 and Prior Lake will be responsible for the difference. If the cost of the insurance exceeds $20,000 Prior Lake will not obtain the additional insurance. 4.2 For and in consideration of Prior Lake performing under this Agreement, Prior Lake will be reimbursed at the rates and in the manner as indicated in attached Exhibit A. 4.3 Prior Lake’s Licensed Peace Officers and other law enforcement resources that are not providing support for the Event or are not subject to the Unified Command as established by the Parties, shall not be eligible for and shall be excluded from reimbursement. 4.4 For any disputed amounts of compensation, the SMSC shall provide Prior Lake with written notice of the dispute, including the date, amount, and reasons for dispute within fifteen (15) days after receipt of the request for reimbursement. 5 The Parties shall memorialize the resolution of the dispute in writing and follow the dispute resolution procedure in Section 13 of this Agreement. 4.5 For any undisputed amounts the SMSC shall make payment to Prior Lake as set forth in Exhibit A. 5. TERM OF AGREEMENT This Agreement shall be effective as of the date it is fully executed as identified by the dates located by the Parties signatures below and shall expire upon the later of either Prior Lake’s submission of a written report summarizing its activities under this Agreement, which is to be provided no later than February 28, 2018 or final payment of all amounts owed from the SMSC to Prior Lake. 6. TERMINATION 6.1 SMSC may terminate this Agreement for cause by providing written notice that: (1) the Event was cancelled; or (2) Prior Lake failed to perform any material term under this Agreement and Prior Lake failed to cure the default within a reasonable time after being notified of the default. 6.2 Prior Lake may terminate this Agreement for cause by providing written notice that: (1) the Event was cancelled; or (2) SMSC failed to perform any material term under this Agreement and the SMSC failed to cure the default within a reasonable time after being notified of the default. 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. The SMSC shall be responsible for reimbursing Prior Lake for all costs incurred or obligated up to the date of termination. 7. AGREEMENT MANAGEMENT & NOTICES Notice or demand to be given under this Agreement shall be delivered in person or deposited in United States certified mail, return receipt requested, to the following persons: To Prior Lake: To SMSC: Frank Boyles, City Manager William Rudnicki 4646 Dakota Street SE 2330 Sioux Trail NW Prior Lake, MN 55372 Prior Lake, MN 55372 Notices shall be deemed effective on the date of receipt. 6 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 the Parties under this Agreement or results from the Law Enforcement 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 evidence used to generate any and all work performed and Work Product generated under this Agreement. “Business Record” shall mean any books, documents, papers, account records, and other evidence, whether written, electronic, or in other format, belonging to the Parties and pertain to work performed under this Agreement. 8.2 Prior Lake and the SMSC each agree 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 and/or state law, neither Prior Lake nor the SMSC shall release, transmit, disclose, or disseminate any Work Product, Supporting Documentation, or Business Record, 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 and/or required in all federal, state, and local laws or ordinances, and all applicable rules, regulations, and standards. 8.3 In the event of termination, all Work Product, Supporting Documentation and Business Records prepared by a Party under this Agreement shall be returned and delivered to that Party by the termination date. 8.4 Both the SMSC and Prior Lake agree that all data created, collected, received, maintained or disseminated by Prior Lake for any purpose in the course of this Agreement is governed by the Minnesota Government Data Practices Act, Minn. Stat. Chap. 13, and any other applicable state statute and any state rules adopted to implement the act, as well as federal regulations on privacy. 7 9. LIABILITY; MUTUAL RESPONSIBILITY; NO WAIVER OF IMMUNITIES 9.1 Immunities and Further Limitation On Liability. Except as expressly provided under this Agreement, nothing in this Agreement is or shall be construed to modify, diminish, or waive the immunity of any party. It is understood and agreed that the liability of Prior Lake shall be limited by the provisions of Minnesota Statutes Chapter 466 (Tort Liability, Political Subdivisions). Nothing contained in this Agreement shall waive or amend, nor shall be construed to waive or amend any defense or immunity that either Party, its respective officials and employees, may have under 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. 9.2 Prior Lake and Licensed Peace Officer Workers’ Compensation Insurance Required. Except as expressly provided herein and except as provided in Section 9.4 below, each Party shall be responsible for injuries or death of its own personnel. Prior Lake will maintain workers’ compensation insurance or self- insurance coverage, covering its own personnel while they are providing assistance pursuant to this Agreement. Prior Lake shall ensure that any Licensed Peace Officer hired to work the Event understands that Worker’s Compensation Insurance is not provided by the SMSC. Each Party waives the right to sue the other Party for any workers’ compensation benefits. 9.3 Prior Lake and Licensed Peace Officer Responsible for Own Equipment. Except as provided in Section 9.4 below, each Party shall be responsible for damages to or loss of its own equipment and each Party waives the right to sue any other Party for any damages to or loss of its equipment. 9.4 Indemnification. Each party is responsible for its own acts and omissions and the results thereof to the extent authorized by law. Each party shall indemnify the other party and hold it harmless from and against any and all judgments, claims, damages, costs and expenses, including a reasonable amount as and for its attorney’s fees paid, incurred, or for which it may be liable, resulting from the party’s negligent or intentional acts or omissions, or the negligent or intentional acts or omissions of the party’s independent contractors, subcontractors, employees, or agents. 10. INDEPENDENT CONTRACTORS Prior Lake is an independent contractor of the SMSC. Prior Lake and its employees and independent contractors shall not be considered employees of the SMSC. Each Licensed Peace Officer working the Event under this Agreement is an employee or independent contractor of Prior Lake as established by the agreement between the Licensed Peace Officer and Prior Lake. The Licensed Peace Officers working the Event under this Agreement are not employees or independent contractors of the SMSC. 8 11. SUBCONTRACTING Prior Lake is authorized to subcontract and hire Licensed Peace Officers to work the Event in order to ensure that the Event is staffed with sufficient Licensed Peace Officers. Prior Lake shall notify the SMSC when it subcontracts and shall provide a copy of the subcontract to the SMSC. 12. ASSIGNMENT Neither the SMSC nor Prior Lake will assign or transfer any interest in this Agreement without the consent of the other Party. 13. DISPUTE RESOLUTION The SMSC and Prior Lake 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 Law Enforcement Services pertaining to the Event. If good faith negotiations fail to resolve a dispute, then the Parties will seek to use non-binding mediation services to attempt to resolve the dispute and the Parties 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 Parties, then the Parties may resolve the dispute through litigation. 14. AMENDMENT OR CHANGES TO AGREEMENT Any alterations, amendments, deletions, or waivers of the provisions of this Agreement shall be valid only when reduced to writing and duly signed by both Parties. 15. ENTIRE AGREEMENT It is understood and agreed that this entire Agreement supersedes all oral agreements and negotiations between the Parties relating to the Event. 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 recitals at the beginning of this Agreement are a part of this Agreement. 16. MISCELLANEOUS PROVISIONS 16.1 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. 16.2 If any provision of this Agreement is held invalid or unenforceable, such invalidity or unenforceability will not affect any other provision, and this 9 Agreement will be construed and enforced as if such invalid or unenforceable provision had not been included. 16.3 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. Failure to enforce a provision does not affect the rights of the Parties to enforce any other provision of the Agreement at any time 16.4 This Agreement shall be governed by and interpreted pursuant to the laws of the State of Minnesota, without regard to conflict of law provisions, and shall be subject to all applicable Federal acts. 16.5 In the event of a breach of this Agreement neither party shall be entitled to recover punitive, special or consequential damages or damages for loss of business. 16.6 In performance of this Agreement, neither party shall discriminate on the grounds of or because of race, color, creed, religion, national origin, sex, marital status, status with regards to public assistance, disability, sexual orientation, or age against any employee, subcontractor, or any applicant for employment. Both parties shall include a similar provision in all contracts with subcontractors to this Agreement. When performing under this Agreement, both parties further agree to comply with all aspects of the Minnesota Human Rights Act, Minn. Stat. Section 363.01, et seq., Title VI of the Civil Rights Act of 1964, and the Americans with Disabilities Act of 1990 as each may be amended from time to time and the parties understand and agree that pursuant to 42 U.S.C. Subchapter VI, the SMSC’s qualifying Indian preference laws, policies, and practices do not constitute discrimination. 16.7 No salaried officer or employee of Prior Lake shall have a financial interest, direct or indirect, in this Agreement. The violation of this provision renders the Agreement void. Each Party, through its authorized signatory, have executed this Agreement. CITY OF PRIOR LAKE SHAKOPEE MDEWAKANTON SIOUX COMMUNITY By: ___________________________ By: __________________________ Its: Kirt Briggs, Mayor Its: By:____________________________ Date: _________________________ Its: Frank Boyles, City Manager Date: _________________________ 10 EXHIBIT A Club Nomadic Event Reimbursement Guidelines Reimbursement Period: Effective Date of this Agreement through February 4th, 2018 1. General Reimbursement Guidelines: a. All hours worked will be considered “on duty” time. b. Personnel should not be expected to work the event day in addition to their normal job at their respective agency. c. Reimbursement will occur for personnel wage costs only at established straight time or overtime rates pursuant to Section 2 “Established Hourly Reimbursement Rates” in this Exhibit A. These rates are all inclusive and will not be adjusted. d. Reimbursement will occur only for hours worked consistent with official operational plans approved by the lead law enforcement agency, Prior Lake. e. There will be no reimbursement for non-personnel costs, backfill, equipment, and other expenses including but not limited to travel costs, fuel, mileage, per diem, etc. f. Reimbursement will occur only for Licensed Peace Officers working at the Event. g. There will be no reimbursement for participation of law enforcement command level staff including but not limited to those in the ranks of Chief, Sheriff, Assistant Chief, Deputy Chief, Colonel, Major, and Sr. Commander. Reimbursement will be provided for those in the ranks of Captain, Lieutenant, and Sergeant. h. Generally, Licensed Peace Officers will be expected to work a ten-hour shift daily during the Event (This may vary based on specific assignments). i. For reimbursement purposes, a Licensed Peace Officer’s shift begins and ends when he/she checks in/out on site at the Event with the lead law enforcement agency. Licensed Peace Officers will be notified of their daily and hourly schedule 30-60 days prior to the Event subject to any changes that may occur. There will be no reimbursement for any scheduled off days during this period or for off hours where personnel are not actively assigned to an official Event detail. a. Law Enforcement Officers must adhere to all lead law enforcement agency requirements in order to be eligible for reimbursement. b. Any variation from the above guidelines must be approved by Prior Lake and SMSC. 2. Established Hourly Reimbursement Rates: a. All hours reimbursed under the terms of this Exhibit A, below will be paid at one of the following established hourly rates. These are set rates and will not be 11 adjusted based on specific agency hourly rates. The rates are inclusive of all costs including both payroll and fringe. i. $90 per hour overtime rate. ii. $60 per hour straight time rate. 3. Specific Agency Reimbursement Guidelines: a. For Licensed Peace Officers provided by Prior Lake under this Agreement: i. Reimbursement will occur only for hours worked as a result of established/approved operational plans. Whether time qualifies as overtime will be determined by the officers’ home agency based on hours worked by the officer for the relevant pay period. ii. Prior Lake will be reimbursed for overtime hours worked under this Agreement, not to exceed 75% of the total hours worked by the officers provided by Prior Lake at the established overtime rate as specified in Section 2 of this Exhibit A, above. 4. Reimbursement Process: The SMSC shall prepay Prior Lake funds in the amount of $240,000 by December 15, 2017. Prior Lake shall deduct from the prepayment all reimbursable amounts pursuant to the terms of this Agreement and this Exhibit A. Within 30 days after the Event, Prior Lake, will provide the SMSC with a report outlining hours worked for all Licensed Peace Officers under this Agreement as well as the cost of additional insurance up to $15,000 which Prior Lake obtained for the Event. a. Prior Lake will review the personnel report from each home agency for accuracy and outline which hours constituted straight time versus overtime and submit an invoice with support documentation to the SMSC. b. The SMSC will review the invoice and support documentation, and work with Prior Lake on addressing any discrepancies. c. Within 45 days of the SMSC accepting the final report one of the following shall occur: (1) if the $240,000 prepayment exceeds the amounts due to Prior Lake, Prior Lake shall refund the balance to the SMSC; (2) if the $240,000 prepayment is less than the amounts due to Prior Lake, the SMSC shall pay the balance of the amounts due to Prior Lake. 5. Administrative Reimbursement: In addition to the personnel reimbursement set forth above, the SMSC will reimburse Prior Lake in the amount $10,000 for administrative expenses incurred in the planning, preparing, equipment, and financial accounting of the Law Enforcement Services provided for this the Event. The $10,000 shall be paid by the SMSC to Prior Lake by November 30, 2017.