Loading...
HomeMy WebLinkAbout08(A) - Resolution Approving the Joint Powers Agreement for School Resource Officer with ISD719, Prior Lake Savage Area Schools Report230382v4 JOINT POWERS AGREEMENT THIS JOINT POWERS AGREEMENT ("Agreement") has been entered into as of the __ day of _________2024, by and between the City of Prior Lake, a Minnesota Municipal Corporation and political subdivision of the State of Minnesota ("City"), and Independent School District No. 719 ("School District''), pursuant to Minnesota Statutes Section 471.59. 1. PURPOSE. The purpose of this Agreement is to create, fund, and implement the position of Youth Relations Officer/School Resource Officer ("Officer"). 2. JOB DESCRIPTION. The Officer will be assigned by the City. The Officer will report to and be directed by the Chief of Police for the City, but will consult regularly with the School District. A representative of the School District may take part in the interview for the position. The Officer shall be assigned to Prior Lake Middle Schools and Bridges Area Learning Center during those times in which students are in attendance as part of the standard daily curriculum three days per week during the regular school year. The School District and the City of Prior Lake will agree upon the three days the officer will be in attendance at the schools. The Chief of Police will control and direct the Officer’s attire while in attendance at the schools. 3. FUNDING. The School District shall pay a pro-rated portion of the cost based on the percentage of the school year in which the City provides services under the Agreement. Costs shall be based on the funding terms identified in the Joint Powers Agreement dated September 7, 2021. 4. BILLING. The City shall invoice the School District on April 1, 2024. The School District shall pay all such invoices within 30 days of receipt. 5. TERM. This Agreement shall commence on March 26, 2024 and shall expire on August 1, 2024. 6. CITY OF PRIOR LAKE EMPLOYEE. The Officer is a City employee and shall not be considered an employee of the School District for any purpose, including, but not limited to salaries, wages, other compensation or fringe benefits, workers' compensation, unemployment compensation, PERA, FICA, liability insurance, keeping of personnel records, termination of employment, individual contracts or other contractual rights. 7. PROVISION, OWNERSHIP AND DISTRIBUTION OF PROPERTY AND EQUIPMENT. The School District will provide the Officer a secure furnished office space and telephone at no charge to the City. The City will furnish the Officer necessary law-enforcement equipment at no expense to the School District. Each party hereto shall maintain ownership of all property and equipment provided for and in furtherance of the purpose of this Agreement. At the termination of this agreement, any property and equipment so provided shall remain the property and equipment of the party supplying or providing the property and equipment. 8. DAMAGE TO PROPERTY OR EQUIPMENT. Each party shall be responsible for damage to or loss of any property or equipment furnished by that party in furtherance of the purpose of this Agreement. Each party waives the right to sue the other party for any damages to or loss of its property or equipment, even if the damages were caused wholly or partially by the negligence of the other party, its officers, agents, or employees. Neither party shall be liable or responsible to the other party for depreciation of any property or equipment. 9. INDEMNIFICATION. Each party shall be liable for its own acts, and those of its respective officers, agents, and employees, to the extent provided by law and hereby agrees to indemnify, hold harmless and defend the other party, its officers, agents, and employees against any and all liability, loss, costs, damages, expenses, claims or actions, including attorney's fees which the other, its officers, agents or employees may hereafter sustain, incur or be required to pay, arising out of or by reason of any act or omission of the party, its agents, officers 230382v4 or employees, in the execution, performance, or failure to adequately perform its obligations pursuant to this Agreement. No party to this Agreement shall be required to pay on behalf of itself or the other party any amount as indemnification to the party, arising pursuant to this Agreement expressly, by operation of law or otherwise, in excess of the limits of liability applicable to the party required to pay as established in Minnesota Statutes Chapter 466, or in the event that Minnesota Statutes Chapter 466 does not apply, the maximum amount of insurance coverage available to the party required to pay. The limits of liability of the parties may not be added together to increase the maximum amount of liability for any party. The intent of this section is to limit each party's obligation to indemnify the other party. In those instances in which a party is directly liable for damages as well as for indemnification to the other party, the combined liability of the party will not exceed the limits of liability under Minnesota Statutes Chapter 466 applicable to the liable party or in the event that Minnesota Statutes Chapter 466 does not apply, the maximum amount of insurance coverage available to the liable party. 10. SEVERABILITY. The provisions of this Agreement shall be deemed severable. If any part of this Agreement is rendered void, invalid, or unenforceable, such rendering shall not affect the enforceability and validity of the remainder of this Agreement unless the part or parts which are void, invalid or otherwise unenforceable shall substantially impair the value of the entire Agreement with respect to any party. IN WITNESS WHEREOF, the parties have executed this Agreement the day and year first above written. CITY OF PRIOR LAKE 41-6005469 Federal Tax Identification Number BY: __________________________ Kirt Briggs, Mayor BY: Jason Wedel, City Manager INDEPENDENT SCHOOL DISTRICT 719 BY: _______________________________ Mary Frantz, School Board Chair BY: _______________________________ Dr, Michael Thomas, Superintendent