HomeMy WebLinkAbout5C Club Nomadic Event Report for Outside LE
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: DECEMBER 4, 2017
AGENDA #: 5C
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 CITY OF PRIOR LAKE
AND OTHER GOVERNMENTAL AGENCIES 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 City of Prior Lake 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 City and the SMSC entered into an agreement last month that will provide for
the City providing for the recruitment, hiring, training and record-keeping
associated with the hiring 60 police officers, and the SMSC paying for the Law
Enforcement services.
There is a need to have an agreement between the City and the other
governmental agencies (cities and counties) to provide additional licensed officers
to fill the estimated 60 positions needed each night.
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 raising liability limits from $2 million to $3 million which are deemed
to be appropriate by our insurer LMCIT.
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 working together with other agencies to fill a need. 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 two 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. The city
attorney has been extensively involved in the completion of this agreement.
FINANCIAL
IMPACT:
The agreement provides for reimbursement payments by the city at a specified
rate for all associated personnel, insurance and administrative costs so the impact
of this agreement should be minimal.
The other governmental agencies will approve this agreement as they make
commitments over the next 30 days.
ALTERNATIVES: 1. Motion and second as part of the consent agenda to adopt a Resolution
Approving a Cooperative Law Enforcement Agreement the City of Prior Lake
and other Governmental Agencies Related to the 2018 Club Nomadic Event.
2.Motion and second to remove this item from the consent agenda for additional
discussion.
RECOMMENDED
MOTION:
Alternative #1
ATTACHMENT: Agreement
4646 Dakota Street SE
Prior Lake, MN 55372
RESOLUTION 17-___
RESOLUTION APPROVING A COOPERATIVE LAW ENFORCEMENT AGREEMENT
BETWEEN THE CITY OF PRIOR LAKE AND OTHER GOVERNMENTAL AGENCIES
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 other departments and making staff assignments
under the Unified Command; and,
The Prior Lake Police Department will need approximately 60 outside law
enforcement officers for the event; and,
The other agencies and the 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 December 4th, 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 4th day of December 2017
VOTE Briggs McGuire Thompson Braid Burkart
Aye ☐ ☐ ☐ ☐ ☐
Nay ☐ ☐ ☐ ☐ ☐
Abstain ☐ ☐ ☐ ☐ ☐
Absent ☐ ☐ ☐ ☐ ☐
______________________________
Frank Boyles, City Manager
PublicSafetyJPA (7.28.2017/gpw) Page 1
COOPERATIVE AGREEMENT REGARDING PUBLIC SAFETY RELATED
TO 2018 CLUB NOMADIC EVENT
THIS INTERGOVERNMENTAL COOPERATIVE AGREEMENT REGARDING
PUBLIC SAFETY RELATED TO THE 2018 CLUB NOMADIC EVENT (hereinafter
referred to as the “Agreement”), is made effective, except as otherwise made operationally
effective as set forth in Section 5 herein, on this day of , 2017, by and between the
CITY OF PRIOR LAKE, MINNESOTA, a municipal corporation, (hereinafter referred to as
the “City”), acting through its Police Department (hereinafter referred to as the “PLPD”) and
____________________________, a [insert name of city/county/or other governmental entity
acting through its _____________________________ [insert name of law enforcement
organization] (hereinafter referred to as the “Provider”). City, PLPD, and each Provider may be
referred to individually as a “Party” or collectively as the “Parties” to this Agreement.
WHEREAS, the City is providing additional law enforcement services for the Shakopee
Mdewakanton Sioux Community’s (“SMSC”) Club Nomadic Event from February 1, 2018, to
February 4, 2018, (“Event”) on the SMSC Reservation; 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, the PLPD will be the lead law enforcement agency for the Event; and
WHEREAS, the City has agreed to provide law enforcement services and act as the lead law
enforcement agency for the Event by entering into an agreement with the SMSC; and
WHEREAS, the City is in need of procuring additional law enforcement personnel to provide
the additional law enforcement services required for such a large and unique Event; and
WHEREAS, at the request of the City, the Provider is willing to provide the services of the law
enforcement personnel identified in this Agreement to the City to assist the PLPD with providing
law enforcement services for the Event; and
NOW THEREFORE, pursuant to the authority contained in Minnesota Statutes Section 471.59
(“Joint Exercise of Powers”) and/or Minnesota Statutes Sections 626.76 and 626.77, and in
consideration of the mutual covenants herein contained and the benefits that each party hereto
shall derive hereby, the Parties agree as follows:
1. PURPOSE OF THE AGREEMENT
1.1 The purpose of this Agreement is to set forth the terms and conditions whereby
the Provider will provide the City with Licensed Peace Officers to assist the
PLPD through the use of a unified command center (as further explained in
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Section 2.4 of this Agreement) to provide law enforcement (“Services”) during
the term of the Event.
1.2 Provider will exercise its best efforts to assist with law enforcement services for
the Event. The Parties acknowledge and agree that resource availability requires
Provider to exercise its best judgment in prioritizing and responding to the public
safety needs of its jurisdiction including, but not limited to, the Event. That
prioritization decision belongs solely to Provider.
1.3 Provider’s resources shall be full-time, Licensed Peace Officers and each such
Licensed Peace Officer must meet the following criteria as defined in Minnesota
Statutes Sections 626.84, Subdivision 1(c) and 471.59, Subdivision 12, which
reads:
“(1) the peace officer has successfully completed professionally recognized peace
officer pre-employment education which the Minnesota Board of Peace Officer
Standards and Training has found comparable to Minnesota peace officer pre-
employment education; and
(2) the officer is duly licensed or certified by the peace officer licensing or
certification authority of the state in which the officer's appointing authority is
located.”
2. ADDITIONAL CRITERIA OF LICENSED PEACE OFFICERS; PROVIDER
SCOPE OF SERVICE
2.1 In addition to meeting the criteria set forth in Section 1 of this Agreement, the
Provider agrees that each of the Licensed Peace Officers shall also meet the
following criteria:
2.1.1. That each Licensed Peace Officer shall by reason of experience, training,
and physical fitness be deemed by the Provider of being capable of
performing public safety and law enforcement duties for the Event; and
2.1.2 That each Licensed Peace Officer is in good standing with the Provider.
Throughout the term of this Agreement, the Provider shall promptly notify
the PLPD in the event that any licensed peace officer is no longer an
officer in good standing with the Provider or shall recall any peace officer
that is no longer in good standing; and
2.1.3 That unless otherwise provided or requested by the PLPD, each Licensed
Peace Officer shall be equipped and/or supplied by Provider at Provider’s
own expense, with a seasonally appropriate patrol uniform of the day and
equipment, including but not limited to service belts with Provider radio
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equipment, service weapon and personal soft ballistic body armor, and
traffic vest. Additionally, in Provider’s discretion, personnel may be
equipped with a cell phone that may be used to download a public safety
application to aid in the tracking of law enforcement personnel during
operational periods if allowed pursuant to Provider’s policy.
2.2 Provider acknowledges and agrees that at any time during the term of this
Agreement the City has the sole discretion to decline to accept and/or use any of
Provider’s Licensed Peace Officers or other law enforcement resources without
cause or explanation.
2.3 The Provider agrees as follows:
2.3.1 As requested by PLPD, Provider shall list information on each of
Provider’s Licensed Peace Officers no later than fifty (50) days before the
Event that 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 each
Party will hold the data in the same classification as the other does under
the Minnesota Government Data Practices Act, Minnesota Statutes
Chapter 13 (“MGDPA”); and
2.3.2. That upon reasonable advance written notification from the PLPD, each of
Provider’s Licensed Peace Officers or other law enforcement resources so
designated by the PLPD shall participate in training activities related to
the Event, that are coordinated or conducted by the PLPD or its designee;
and
2.3.3. That each Licensed Peace Officer shall be assigned by the PLPD, as
determined and required by the PLPD, to any Event-related assignment
based on the Licensed Peace Officer’s skill-set and known duty
assignment as well as the needs of the operation; including, but not limited
to, foot patrol, motorized patrol, static posts at outdoor perimeters, general
security inside or outside venues, and traffic control; and
2.3.4. That Licensed Peace Officers participating in the Event may, if so
determined by the PLPD, be placed in an “On Assignment” status by
PLPD in which the Licensed Peace Officer should be physically proximate
to the Event location, so as to be able to physically report in a timely
manner to such duty post assigned by the PLPD and prepared to undertake
the specific job task or responsibility assigned by the PLPD; and
2.3.5. That at the request of the PLPD, Provider will designate personnel that
participated in or provided services for the Event to further participate in
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and/or provide information to and otherwise cooperate with the PLPD in
any “after action activities” following the conclusion of a training Session
or the Event. “After action activities” may include, but not be limited to
post training Session meetings and revisions of training protocols and post
Event meetings, evaluations, mediation or court proceedings.
2.4 Provider acknowledges and agrees that at all times during any required training
session or during the Event each of Provider’s Licensed Peace Officers or other
law enforcement resources and employees, regardless of rank or job title held as
an employee of the Provider, shall be subject to a structure of supervision,
command and control coordinated through a unified law enforcement command
and following unified command principles and practices established throughout
the law enforcement community (herein referred to as “Unified Command”).
2.5 The Provider agrees to exercise reasonable efforts to cooperate and provide the
City with any other information reasonably requested by the City that the City
deems necessary to facilitate and enable compliance with the terms and conditions
contained in this Agreement.
2.6 Event staffing levels will be determined by the PLPD as the lead law enforcement
agency, in consultation with the Unified Command. Notwithstanding Section 2.4,
the Provider retains the sole discretion for determining what Provider Licensed
Peace Officer and other law enforcement resources will be deployed in its own
jurisdiction for events not included under this Agreement and remain under the
Provider’s own authority. The Provider’s Licensed Peace Officers and other law
enforcement resources deployed in the Provider’s jurisdiction and which are
either included above the number of Licensed Peace Officers as determined by the
Unified Command or remain under Provider’s authority for events not included
under this Agreement, will not be eligible for reimbursement of costs as provided
in Section 4.2 of this Agreement.
2.7 The Provider 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. Each Provider 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 The PLPD, as the lead law enforcement agency, will maintain a list of Licensed
Peace Officers assigned to the Event. Each Provider will be responsible for
providing accurate lists of its Licensed Peace Officers that will be assignable to
the Event as a result of signing this Agreement.
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3 CITY RESPONSIBILITIES
3.1 The City will be solely responsible for all communications with the SMSC.
3.2 The City and the SMSC will prepare and enter into an agreement relating to funding
for the Licensed Peace Officers to be provided under this
Agreement (the “Support Agreement”). The Support Agreement will be the
source of funding for the Event including the source of payment for the Services
to be provided pursuant to this Agreement.
3.3 City agrees that it will provide or facilitate any necessary training to prepare for
providing the Services for the Event. The substance of the training, if necessary;
including the locations, dates, and times, shall be detailed in a separate writing
provided from the PLPD to the Provider.
3.4 The person responsible on behalf of the PLPD for the daily operation,
coordination and implementation of this Agreement, which responsibilities shall
include, but not limited to, determining the assignments of the Provider’s law
enforcement resources, shall be Prior Lake Police Chief Mark Elliott (hereinafter
referred to as the “Coordinator”). Except as otherwise provided in this
Agreement, all contacts or inquiries made by the Provider with regard to this
Agreement shall be made directly to the Coordinator or the Coordinator’s
designee.
3.5 The City will develop and provide to each Provider an adequate supply of the
standard incident report form to be used by the City and Providers that provide
Services at the Event under the direction of the Unified Command.
4. COMPENSATION AND PAYMENT PROCESS
4.1 The sole source of funds to reimburse each Provider performing under this
Agreement shall be funds provided by the SMSC pursuant to the Support
Agreement.
4.2 For and in consideration of the Provider performing under this Agreement, the
Provider will be reimbursed for said Services at the rates and in the manner as
indicated in attached Exhibit A. All of a Provider’s Licensed Peace Officers and
other law enforcement resources that (a) perform law enforcement services within
the Provider’s jurisdiction; and (b) are subject only to the Provider’s authority and
are therefore not under the Unified Command, are not eligible to have Provider’s
costs reimbursed pursuant to this Agreement.
4.3 The PLPD will prepare and include in Exhibit A eligibility guidelines for cost
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reimbursement and a check list for the preparation and submission of the
reimbursement request. Exhibit A will include a “Reimbursement Payment Form
[To be developed by PLPD at a later date] to be completed by the Provider along
with the required support documents to be attached by the Provider.
The PLPD shall furnish the Provider with a statement which describes all
applicable hours performed by the Provider during the term of the Agreement.
The Provider shall submit the Reimbursement Payment Form to the PLPD for all
undisputed amounts within fourteen (14) days after receipt of the statement of
hours.
4.4 Provider may submit any questions regarding the cost reimbursement process to
Mark Elliott or his/her designee at: melliott@pd.cityofpriorlake.com.
4.5 For any disputed amounts, the Provider shall provide the PLPD with written
notice of the dispute, including the date, amount, and reasons for dispute within
fourteen (14) days after receipt of the statement of hours. The PLPD and Provider
shall memorialize the resolution of the dispute in writing and follow the dispute
resolution procedure in Section 13 of this Agreement.
5. TERM OF AGREEMENT
5.1 This Agreement shall be effective as of the date indicated on the first page so that
the Parties can undertake planning for all Event-related activity and shall expire
on March 1, 2018, or the date to which law enforcement resources or Services are
extended, whichever is later, unless terminated earlier in accordance with the
provisions in Section 6. Except for the provision of training as discussed and to
be scheduled pursuant to Section 3.3 of this Agreement, Services furnished by the
Provider for the Event shall begin on February 1, 2018, and shall terminate on
February 5, 2018, unless terminated sooner or extended in whole or in part as
provided herein.
6. TERMINATION
6.1 Termination by the City-The City may terminate this Agreement upon providing
to the Provider advance written notice for any of the reasons stated below:
6.1.1 Cancellation of the Event;
6.1.2 City and SMSC fail to enter into the Support Agreement; or
6.1.4 Failure by the Provider to perform any material term under this Agreement
and failure to cure the default within the time requested by the City.
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6.2 Termination by the Provider-The Provider may terminate this Agreement upon
providing to the City advance written notice for any of the reasons stated below:
6.2.1 Cancellation of the Event;
6.2.2 Without cause prior to the initial training session; or
6.2.3 City and SMSC fail to enter into the Support Agreement.
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.
7. AGREEMENT MANAGEMENT
7.1 The Provider has identified the following person[s] as persons to contact only
with regard to the following matters regarding the Agreement:
(List names) (List responsibilities)
8. WORK PRODUCTS, 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 PLPD or
results from Provider's 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 evidences used to generate any and all work performed and Work Products
generated under this Agreement.
“Business Records” shall mean any books, documents, papers, account records
and other evidences, whether written, electronic, or in other format, belonging to
PLPD or Provider and pertain to work performed under this Agreement.
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8.2 Subject to applicable law, including but not limited to the Minnesota Official
Records Act, Minnesota Statutes Section 15.17, and the MGDPA, all deliverable
Work Product, Supporting Documentation and Business Records or copies
thereof, that are needed from or result from the Provider's Services under this
Agreement shall be delivered to the City either pursuant to this Agreement or
upon reasonable request of the City and shall become the property of the City
after delivery.
8.3 The City and the Provider each agrees 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 the City nor the
Provider shall release, transmit, disclose or disseminate any Work Product,
Supporting Documentation and Business Records 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.
8.4 In the event of termination, all Work Product, Supporting
Documentation and Business Records prepared by the Provider under this
Agreement shall be delivered to the City by the Provider by the termination date.
8.5 Both the City and the Provider agree to maintain all Business Records in such a
manner as will readily conform to the terms of this Agreement and to make such
materials available at its office at all reasonable times during this Agreement
period and for six (6) years from the date of the final payment under the contract
for audit or inspection by the City, the Provider, the Auditor of the State of
Minnesota, or other duly authorized representative.
8.6 Both the City and the Provider agree to abide strictly by the MGDPA and, in
particular, Minnesota Statutes, Sections 13.05, Subd. 6 and 11; 13.37, Subd. 1(b),
138.17, and 15.17. All of the data created, collected, received, stored, used,
maintained, or disseminated by the Provider or the City in performing functions
under this Agreement is subject to the requirements of the MGDPA and both the
City and the Provider must comply with those requirements. If any provision of
this Agreement is in conflict with the MGDPA or other Minnesota state laws,
state law shall control.
9. LIABILITY COVERAGE; LIABILITY; MUTUAL RESPONSIBILITY; NO
WAIVER OF IMMUNITIES
9.1 Liability Coverage for Event- Prior Lake maintains a general liability policy
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through LMCIT which will provide coverage for claims that the City becomes
legally obligated to pay as damages due to “bodily injury”, “property damage”, or
“personal injury” suffered by third parties related to or arising out of the Services
provided under this Agreement (the “Policy”).
9.1.1 The limits of liability per occurrence during the coverage period is $2
million and there is no annual aggregate for police liability claims. The
City has also obtained excess coverage in the amount of $1 million for the
Event.
9.1.2 The cost to hire and pay for legal representation to defend the City and any
Provider (“defense costs”) are not subject to the $2 million limit of the
Policy.
9.1.3 The Policy is subject to the payment of a deductible by the City.
9.1.4. Each Provider agrees to be bound by the terms and conditions contained in
the Policy.
9.1.5 Each Provider agrees that it will cooperate with the liability coverage
provider and with the City by reasonably and timely responding to the
insurer’s request for information or to appear at meetings or judicially
mandated hearings.
9.2 Indemnification- Except as provided below in Sections 9.3, 9.4 and 9.5, the City
will defend and indemnify the Providers from and against any and all third party
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 Services provided under this Agreement. The City’s obligation under
this paragraph shall be limited to the coverage provided by the Policy.
9.2.1 If a Party’s liability is not subject to recovery through the Policy, then
each Party agrees that it will otherwise be responsible for its own acts
and/or omissions and those of its officials, employees, representatives and
agents in carrying out the terms of this Agreement, whether those acts or
omissions occur within or outside of the jurisdiction or geographic limits
of the SMSC Reservation, and the results thereof to the extent authorized
by law and shall not be responsible for the acts and/or omissions of the
other Party and the results thereof.
9.3 Further Limitation On Provider Liability-It is understood and agreed that the
liability of the City, the liability of each Provider that is a municipality, county or
similar political subdivision shall be limited by the provisions of Minnesota
Statutes Chapter 466 (Tort Liability, Political Subdivisions) and the liability of the
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State of Minnesota as a Provider shall be limited by the provisions of Minnesota
Statutes, Section 3.736 and by other applicable law. 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 said 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.
9.4 Provider Workers’ Compensation Insurance Required-Each Party shall be
responsible for injuries or death of its own personnel. Each Party will maintain
workers’ compensation insurance or self-insurance coverage, covering its own
personnel while they are providing assistance pursuant to this Agreement. Except
as expressly provided herein, 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.
9.5 Provider Responsible for Own Equipment-Each Party shall be responsible for
damages to or loss of its own equipment. Except as expressly provided herein,
each Party waives the right to sue any other Party for any damages to, or loss of
its equipment.
9.6 Provider Rendering First Aid-Except for immediate first aid rendered by a Provider
at the scene of an accident or occurrence, no other medical assistance, expenses or
aid is covered under the Policy.
10. INDEPENDENT CONTRACTORS
Each Provider in its relationship with the City under this Agreement is an
independent contractor. No Provider, its Licensed Peace Officers or other law
enforcement resources shall be considered an employee of the City. The City, its
Licensed Peace Officers or other law enforcement resources shall not be
considered employees of the Provider.
11. SUBCONTRACTING
The City and Provider agree that no Services will be subcontracted and agree not
to enter into any subcontracts to provide any Services under this Agreement.
12. ASSIGNMENT
Neither the City nor the Provider will assign or transfer any interest in this
Agreement without the consent of the other Party.
13. DISPUTE RESOLUTION
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The City and the Provider 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 the Services. If good faith negotiations fail to resolve a dispute,
then the Parties will use mediation services to attempt to resolve the dispute.
The City and Provider 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 will resolve the dispute through
litigation.
14. AUDIT OF AGREEMENT RECORDS
Pursuant to Minnesota Statutes, Section 16C.05, both the City’s and the
Provider’s books, records, documents, and accounting procedures and practices
with respect to any matter covered by this Agreement shall be made available to
the State of Minnesota Office of the State Auditor upon written notice, at any time
during normal business hours, for the purpose of auditing, examining or making
excerpts or transcripts of relevant data.
15. AMENDMENT OR CHANGES TO AGREEMENT
15.1 Any alterations, amendments, deletions, or waivers of the provisions of this
Agreement shall be valid only when reduced to writing and duly signed by the
Parties hereto; after all appropriate and necessary authority has been acquired by
each such Party.
15.2 Modifications or additional schedules shall not be construed to adversely affect
vested rights or causes of action which have accrued prior to the effective date of
such amendment, modification, or supplement. The term “Agreement” as used
herein shall be deemed to include any future amendments, modifications, and
additional schedules made in accordance herewith.
16. NOTICES
Except as otherwise stated in this Agreement, all notice or demand to be given under this
Agreement shall be delivered in person or deposited in United States Certified Mail,
Return Receipt Requested. Any notices or other communications shall be addressed as
follows:
To City: To Provider:
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City of Prior Lake
Chief of Police
4646 Dakota St. SE
Prior Lake, MN 55372
Notices shall be deemed effective on the date of receipt.
17. INTERPRETATION OF AGREEMENT
This Agreement shall be interpreted and construed according to the laws of the State of
Minnesota.
18. ENTIRE AGREEMENT
It is understood and agreed that this entire Agreement supersedes all oral agreements and
negotiations between the parties hereto relating to the subject matters herein. 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 matters set forth in the “WHEREAS” clauses at the beginning of this Agreement are
by this reference incorporated into and made a part of this Agreement.
19. MISCELLANEOUS PROVISIONS
19.1 The Parties intend that, with respect to the defense and indemnification provisions
in Section 9 hereof, this Agreement may benefit or create rights or causes of
action in or on behalf of any other agency providing services for the Event under
a similar but separate agreement. Except for the foregoing, 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.
19.2 The Parties shall cooperate in achieving the objectives of this Agreement pursuant
to Minnesota Statutes, Sections 15.51 through 15.57.
19.3 The Parties shall comply with all applicable federal, state, and local statutes,
regulations, rules and ordinances currently in force or later enacted including but
not limited to the MGDPA, Minnesota Statutes Section 471.425, subd. 4a, and as
applicable, non-discrimination and affirmative action laws and policies.
19.4 If any provision of this Agreement is held invalid or unenforceable, such
invalidity or unenforceability will not affect any other provision, and this
Agreement will be construed and enforced as if such invalid or unenforceable
provision had not been included.
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19.5 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
REMAINDER OF THIS PAGE IS BLANK
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IN WITNESS WHEREOF, the parties hereto are authorized signatories and have
executed this Agreement, the day and year first above written.
CITY OF PRIOR LAKE STATE/CITY/COUNTY OF
By: ___________________________ By: __________________________
Its: Kirt Briggs, Mayor Its:
Date: _________________________ Date: _________________________
By: ______________________________ By:______________________________
Its: Frank Boyles, City Manager Its:
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EXHIBIT A
Club Nomadic Event Reimbursement Guidelines
Reimbursement Period: Effective Date of this Agreement through February 5th, 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, PLPD.
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 PLPD and SMSC.
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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
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 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. Provider will be reimbursed for overtime hours worked under this
Agreement, not to exceed 75% of the total hours worked by the Provider’s
officers providing Services under this Agreement at the established
overtime rate as specified in Section 2 of this Exhibit A, above.
4. Reimbursement Process:
Within 14 days after the special event period, the lead law enforcement agency, PLPD
will provide the sending agency with a report outlining hours worked for all personnel for
that agency.
a. Providing agency will review the personnel report for accuracy and outline which
hours constituted straight time versus overtime and submit an invoice with support
documentation to the lead law enforcement agency.
b. The lead law enforcement agency will review the invoice and support
documentation, and work with the Providing agency on addressing any
discrepancies.
c. The lead law enforcement agency will issue reimbursement to the Providing
agency consistent with the guidelines established in this agreement within 45 days
of receiving an invoice and the requested support documentation.
Invoices should be sent to:
City of Prior Lake
Attn: Mark Elliott
4646 Dakota St. SE
Prior Lake MN 55372