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ANOKA COUNTY- CITY
JOINT POWERS AGREEMENT FOR
MUTUAL AID
THIS MUTUAL AID AGREEMENT made and entered into by and between
the undersigned units of government all acting by and through their governing
bodies,
WITNESSETH THAT:
WHEREAS, Minn. Stat. 471.59 authorizes the joint and cooperative
exercise of powers common to contracting governmental units; and
WHEREAS, the undersigned governmental units recognize that there are
circumstances where it is an efficient use of government resources to make
equipment, personnel and other resources available to political subdivisions from
other political subdivisions; and
WHEREAS, the undersigned governmental units entered into a Law
Enforcement Joint Powers Agreement in 1981, which provided for the sharing of
police and law enforcement resources under certain defined circumstances; and
WHEREAS, the undersigned units of government wish to modify the terms
of the 1981 Joint Powers Agreement for the provision of mutual aid and
assistance in order to conform to both existing law and to the current needs of
the governmental units herein; and
NOW THEREFORE, in consideration of the mutual covenants contained
herein, the undersigned units of government do covenant and agree pursuant to
Minn. Stat. 471.59 as follows:
1. PURPOSE.
The intent of this agreement is to make equipment, personnel and other
resources available to political subdivisions within Anoka County from
other political subdivisions within Anoka County.
2. DEFINITIONS.
a. "Party" means a political subdivision.
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b. "Requesting Party" means a party that requests assistance from
other parties.
c. "Requesting Official" means any person designated by a Party who
is responsible for requesting Assistance from other Parties. Each
party to this agreement has the authority to designate such person,
persons or Departments that are authorized to act as a requesting
official. In the case of requests for law enforcement personnel and
equipment, the Requesting Official shall be the chief law
enforcement officer of the Party, or his or her designee(s).
d. "Responding Party" means a party that provides assistance to a
Requesting Party.
e. "Responding Official" means a person or persons designated by a
Party, who is responsible to determine whether and to what extent
that party should provide assistance to a Requesting Party. Each
party to this agreement has the authority to designate such person
or persons who are authorized to act as a responding official. In
the case of requests for law enforcement personnel and
equipment, the Responding Official shall be the chief law
enforcement officer of the Party, or his or her designee(s).
f. "Assistance" means
i. Law enforcement personnel and equipment
ii. Fire and/or emergency medical services personnel and
equipment
iii. Public Works personnel and equipment
iv. Utility personnel and equipment
v. Other assistance as requested by the Requesting Party
3. PROCEDURE.
a. Request for assistance. Whenever, in the opinion of a
Requesting Official, there is a need for assistance from other
parties, a Requesting Official may call upon a Responding Official
of any other party to furnish assistance.
b. Response to request. Upon the request for assistance from a
Requesting Party, the Responding Official may authorize and
direct his/her party's personnel to provide assistance to the
Requesting Party. This decision will be made after considering the
needs of the responding party and the availability of resources.
c. Recall of assistance. The Responding Official may at any time
recall such assistance when in his or her best judgment or by an
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order from the governing body of the Responding Party, it is
considered to be in the best interests of the Responding Party to
do so.
d. Command of scene. The Requesting Party shall be in command
of the mutual aid scene. The personnel and equipment of the
Responding Party shall be under the direction and control of the
Requesting Party until the Responding Official withdraws
assistance.
4. WORKERS' COMPENSATION.
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. 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, even if the injuries were
caused wholly or partially by the negligence of any other party or its
officers, employees, or volunteers.
5. DAMAGE TO EQUIPMENT.
Each party shall be responsible for damages to or loss of its own
equipment. 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 volunteers.
6. LIABILITY.
a) For the purposes of the Minnesota Municipal Tort Liability Act (Minn.
Stat. Chapter 466), the employees and officers of the Responding
Party are deemed to be employees (as defined in Minn. Stat. 466.01,
subdivision 6) of the Requesting Party.
b} The Requesting Party agrees to defend and indemnify the
Responding Party against any. claims brought or actions filed against
the Responding Party or any officer, employee, or volunteer of the
Responding Party for injury to, death of, or damage to the property of
any third person or persons, arising from the performance and
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provision of assistance in responding to a request for assistance by
the Requesting Party pursuant to this agreement.
Under no circumstances, however, 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 Minnesota Statutes Chapter 466 applicable
to any one party. 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.
The intent of this subdivision is to impose on each Requesting Party a
limited duty to defend and indemnify a Responding Party for claims
arising within the Requesting Party's jurisdiction subject to the limits of
liability under Minnesota Statutes Chapter 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.
c) No party to this agreement nor any officer of any party shall be liable
to any other party or to any other person for failure of any party to
furnish assistance to any other party, or for recalling assistance, both
as described in this agreement.
7. EFFECTIVE DATE.
This agreement shall be effective upon its execution by two or more
governmental units. Additional governmental units may join this
agreement through proper execution of this Agreement and this
agreement shall be effective as to such units upon execution.
8. TERMINATION AND WITHDRAWAL.
Any party to this agreement may withdraw from this agreement upon thirty
(30) days written notice to the other parties to the agreement, delivered to
the Mayor or Clerk of the municipal parties and to the Chair of the Anoka
County Board of Commissioners. Such withdrawal shall not terminate this
agreement except as tt~ such party and this agreement shall continue
unless and until there is only one remaining party. It is further agreed that
the prior Joint Powers Agreement between the parties covering the
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provision of law enforcement mutual aid is hereby terminated and is
superseded by this agreement.
IN WITNESS WHEREOF, each party has read, agreed to and executed
this Mutual Aid Agreement on the dates indicated below.
CITY OF ANOKA
Rv•
Its:
By: _
Its:
Dated:
CITY OF CENTERVILLE
Rv•
Its:
By: _
Its:
Dated:
CITY OF LEXINGTON
By:
its:
CITY OF BLAINE
Rv•
ItS: _._
By: _
Its:
Dated:
CITY OF CIRCLE PINES
Rv~ _-
its:
By: _
Its:
Dated:
CENTENNIAL LAKES POLICE
DEPARTMENT GOVERNING BOARD
Rv
Its:
By:
By:
ItS:
Its:
Dated:
Dated:
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CITY OF CO~.UMBIA EIG~G~TS CITY OF COON RAPIDS
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By: ~ By:
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Dated: r `` Dated:
CITY OF FRIDLEY CITY OF LINO LAKES
By: By:
Its:
By:
Its:
Dated:
CITY OF RAMSEY
By:
Its:
By:
Its:
Its:
Dated:
CITY OF ST: FRANCIS
By:
Its:
By: By'
ItS: ItS:
Dated: __ Dated:
CITY OF SPRING LAKE PARK COUNTY OF ANOKA
By: By:
Dennis D. Berg, Chair
Its: County Board of Commissioners
By: By:
Tent' t_. Johnson
Its: County Administrator
Dated: Dated:
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Bruce Andersohn
Anoka County Sheriff
Dated: