HomeMy WebLinkAbout2018-28392018 -2839
Police Department — Medaria Arradondo, Chief of Police
Minneapolis
City of Lakes
October 16, 2017
Dear Sir /Madam,
350 S. Fifth St. - Room 130
Minneapolis, MN 55415
TEL 612.673.3559
www.minneapolismn.gov
Enclosed is the signed Joint Powers Agreement between your agency and the City of Minneapolis
related to Public Safety and Security for the 2018 Super Bowl.
Will you please forward the contract to the appropriate department within your agency for
completion and filing.
Please contact me with any questions.
Thank you.
Sincerely,
fit
Robin McPherson
Finance Director
Minneapolis Police Department
Robin.mcpherson@minneapolismn.gov
(612) 673 -3696
RVM:njd
enclosure
COOPERATIVE AGREEMENT REGARDING PUBLIC SAFETY RELATED
TO 2018 NATIONAL FOOTBALL LEAGUE SUPER BOWL SECURITY
THIS INTERGOVERNMENTAL COOPERATIVE AGREEMENT REGARDING
PUBLIC SAFETY AND SECURITY RELATED TO THE 2018 NATIONAL FOOTBALL
LEAGUE SUPER BOWL (hereinafter referred to as the "Agreement "), is made effec ive,
except as otherwise made operationally effective as set forth in Section 5 herein, on this I9nay
Of J> 017, by and between the CITY OF MINNEAPOLIS, MINNESOTA, a municipal
corporation, (hereinafter referred to as the "City "), acting through its Police Department
(hereinafter referred to as the "MPD ") and- a /k- q a [insert name of
city /county /or other governmental entity acting drough its 7 +L
[insert name of law enforcement organization] (hereinafter referred to as the "Provider "). City,
MPD, and each Provider may be referred to individually as a "Party" or collectively as the
"Parties" to this Agreement.
WHEREAS, the City is the host city for the 2018 National Football League Super Bowl to be
held on Sunday, February 4, 2018, and for related events authorized by the National Football
League, most of which will take place in the City, City of St. Paul, and City of Bloomington
from Friday, January 26, 2018, through Monday, February 5, 2018 (hereinafter referred to
collectively as the "Event "); and
WHEREAS, a Unified Command structure (as that term is defined in Section 2.4 ) is needed to
ensure the level of security coordination required for the Event; and
WHEREAS, the MPD will be the lead law enforcement agency for those portions of the Event
that occur within the City of Minneapolis (Minneapolis Events) and the St. Paul Police
Department (SPPD) and the Bloomington Police Department (BPD) will be the lead law
enforcement agencies for those portions of the Event that occur within their cities, respectively
(St. Paul Events and Bloomington Events) When either BPD or SPPD is the lead law
enforcement agency, its duties will not include making staff assignments that will continue to be
administered and managed by the MPD as part of the Unified Command; and
WHEREAS, the City has agreed to serve as the fiscal agent for law enforcement costs for the
Event by entering into an agreement with the "Host Committee" (as that entity and agreement
are referenced in Section 3.1 herein) for the Event; and
WHEREAS, the City is in need of procuring additional law enforcement personnel to provide
the public safety and security measures 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 MPD with Event
security; and
PublicSafetyJPA (8/2/2017/gpw) Page 1
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 be assigned to
one or more of the Event locations identified on Exhibit A attached hereto to
assist the MPD through the use of a unified command center (as further explained
in Section 2.4 of this Agreement) to provide law enforcement and security
services ( "Services ") during the term of the Event.
1.2 Provider will exercise its best efforts to assist with Event security. 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. The Provider may, at any time, recall the Provider's
resources when, it is considered to be in Provider's best interest to do so.
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."
1.4 The MPD will coordinate and inform the SPPD and the BPD of staffing
assignments for the St. Paul Events and the Bloomington Events based, when
possible, on the recommendations of the SPPD and the BPD, respectively.
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:
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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 MPD 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 MPD, 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
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 MPD, Provider shall list information on each of
Provider's Licensed Peace Officers no later than ninety (90) days before
the Event that includes, but is not limited to, name, rank, agency, badge
number, photo, cell phone number, and emergency contact information.
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 MPD, each of
Provider's Licensed Peace Officers or other law enforcement resources so
designated by the MPD shall participate in training activities related to
Event security, that are coordinated or conducted by the MPD or its
designee; and
2.3.3. That each Licensed Peace Officer shall be assigned by the MPD, as
determined and required by the MPD, to any Event - related assignment
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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 MPD, be placed in an "On Assignment" status by MPD
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 MPD and prepared to undertake the
specific job task or responsibility assigned by the MPD; and
2.3.5. That at the request of the MPD, Provider will designate personnel that
participated in or provided Event security to further participate in and /or
provide information to and otherwise cooperate with the MPD in any
"after action activities" following the conclusion of a Training Session or
actual Event security. "After action activities" may include, but not be
limited to post Training Session meetings and revisions of Training
protocols and post Event security 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 MPD as the lead law enforcement
agency and fiscal agent, in consultation with the Unified Command and the SPPD
for St. Paul Events and the BPD for Bloomington Events, regardless of the
location of the Event. Provider may increase the staffing levels at Events located
within the Provider's jurisdiction: (a) at the sole cost of the Provider that hosts an
Event; and (b) with the knowledge that the additional Licensed Police Officers
and other staff members above the staffing level approved by the MPD and
Unified Command are not covered by the Policy as described in Section 9 of this
Agreement. The number of Licensed Peace Officers and other law enforcement
resources to be deployed within the Provider's jurisdiction will be communicated
to the City as part of the Unified Command. Notwithstanding Section 2.4, the
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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 Officer 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 MPD, as the lead law enforcement agency, will maintain a list of Licensed
Peace Officers (LPOs) assigned to the Events. Each Provider, including the
SPPD and BPD, will be responsible for providing accurate lists of its LPOs that
will be assignable to the Events as a result of signing this Agreement.
3 CITY RESPONSIBILITIES
3.1 The City will be solely responsible for all communications with the Minnesota Host
Committee (the "Host Committee "). The Host Committee shall be responsible for
coordinating each of the events authorized by the National Football League
(including St. Paul Events and Bloomington Events) and activities that occur
within the term of the Event.
3.2 The City and the Host Committee will prepare and enter into an "Event Support and
Funding Agreement for Super Bowl LII" (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 Joint Exercise
of Powers Agreement ( "Agreement ") and for the policy of insurance that will pay
for the defense and indemnification of claims filed against the City and each
Provider during the term of the Event.
3.3 City agrees that it will provide or facilitate any necessary training to prepare for
providing Event security. The substance of the training, if necessary; including
the locations, dates, and times, shall be detailed in a separate writing provided
from the MPD to the Provider.
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3.4 The person responsible on behalf of the MPD 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 Minneapolis Police Department Commander Scott Gerlicher
(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.
3.6 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.
3.7 The City will obtain from the Host Committee and provide to each Provider, the
"claims procedure" as indicated in Exhibit C hereto that will be used by third
party claimants who file claims against the City or against any Provider
4. COMPENSATION AND PAYMENT PROCESS
4.1 The sole source of funds to reimburse each Provider perfonning under this
Agreement shall be funds provided by the Host Committee 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 B. 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 MPD will prepare and include in Exhibit B eligibility guidelines for cost
reimbursement and a check list for the preparation and submission of the
reimbursement request. Exhibit B will include a "Reimbursement Payment Form
[To be developed by MPD at a later date] to be completed by the Provider along
with the required support documents to be attached by the Provider.
The MPD 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 MPD for all
undisputed amounts within thirty -five (35) days after receipt of the statement of
hours.
4.4 Provider may submit any questions regarding the cost reimbursement process to
Col
Robin McPherson or her designee at: robin.mcpherson @minneapolismn.gov.
4.5 For any disputed amounts, the Provider shall provide the MPD with written notice
of the dispute, including the date, amount, and reasons for dispute within fifteen
(15) days after receipt of the statement of hours. The MPD 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 January 26, 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 not less than forty -five (45) days advance written notice for any of
the reasons stated below:
6.1.1 Cancellation of Super Bowl LII;
6.1.2 City and Host Committee fail to enter into the Support
Agreement;
6.1.3 Host Committee fails to purchase and provide insurance coverage as
described in Section 9.1 of this 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 not less than forty -five (45) days advance written notice for
any of the reasons stated below:
6.2.1 Cancellation of Super Bowl LII;
6.2.2 Without cause prior to the initial training session;
6.2.3 City and Host Committee fail to enter into the Support Agreement; or
6.2.4 Host Committee fails to purchase and provide insurance coverage as
described in Section 9.1 of this 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 MPD 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
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MPD or Provider and pertain to work performed under this Agreement.
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 tennination 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. INSURANCE; LIABILITY; MUTUAL RESPONSIBILITY; NO WAIVER OF
IMMUNITIES
C
9.1 Insurance Coverage for Event -The Host Committee has purchased a law
enforcement liability insurance policy (the "Policy "). The insurance carrier is
International Insurance Company of Hannover SE (the "Insurer "). The Policy
will provide coverage for claims that each Provider becomes legally obligated to
pay as damages due to "bodily injury ", "property damage ", or "personal injury"
suffered by third parties. The Policy will require the insurer to have the right
and duty to defend and indemnify each Provider against any claim or lawsuit due
to Provider acts that occur within the territory of the Events and during the period
in which the Policy is in effect. Each Provider's Law Enforcement Officers and
supervisors under the Unified Command will be covered under the Policy by
virtue of the Provider being named an "insured" under the Policy.
9. 1.1 The limits of liability for all occurrences (claims) during the coverage
period is $3,000,000.00 ($3 million). The limit of liability for any third
party claim for damage to or loss of personal property is $25,000.
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 $3 million limit of the
Policy.
9.1.3 The Policy is not subject to the payment of a deductible by the Host
Committee, the City or by any other Provider.
9.1.3. Each Provider agrees to be bound by the terms and conditions contained in
the Policy.
9.1.4 Each Provider agrees that it will cooperate with the insurer 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 Insurance as Sole Source for Liability and Indemnity -Each Provider hereto agrees
that it will only seek recovery for any liability incurred in carrying out the terms
of this Agreement from the insurance to be procured by the Host Committee as
set out in Section 9.1 of this Agreement.
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 City of Minneapolis, 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.
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9.2.2 In the unlikely event that the aggregate amount of any one or all claims
exceeds $3 million, 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 the of
the jurisdiction or geographic limits of the City of Minneapolis, and the
results thereof to the extent authorized by law and shall not be responsible
for the acts and /or omissions of the other Parties and the results thereof.
9.3 Further Limitation On Provider Liability -It is understood and agreed that 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 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. 1 a, 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- Except as expressly
provided herein, 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- Except as expressly provided herein,
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.
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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
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 Mimnesota 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
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16
17
In
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herein shall be deemed to include any future amendments, modifications, and
additional schedules made in accordance herewith.
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:
Scott Gerlicher
Commander- Minneapolis Police Department
511 l 1th Avenue South
Suite 401
Minneapolis, MN 55415
INTERPRETATION OF AGREEMENT
To Provider:
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This Agreement shall be interpreted and construed according to the laws of the State of
Minnesota.
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.
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
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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.
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
IN WITNESS WHEREOF, the parties hereto are authorized signatories and have
executed this Agreement, the day and year first above written.
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Approval Recommended:
By:
Its: Assistant 0 ty Attorney
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EXHIBIT A - Super Bowl Events
Event Description
Super Bowl Experience
Media Center /Radio Row
Mall of America Game Day Event
NFL Honors
NFL Friday Night Party
Tailgate Party
15
Opening Night
NFL on Location
Super Bowl Live
Stadium Interior
Stadium Perimeter
Pre -game Party
AFC Team Hotel
NFC Team Hotel
NFL Headquarters Hotel
AFC Practice Site
NFC Practice Site
Police Escorts
Tactical Squad
Bomb Technical Squad
Bomb K -9s
VACIS
Street Patrol Downtown
Extra Metro Transit Security
Mobile Field Force Square
Fit Team
VPSO
Command Post Security
Staging
Logistics
Credentialing
Dignitary Liaison
Counterfeiting
Human Trafficking
Investigators
The MPD will maintain a list of Licensed Police Officers covered by this Agreement
EXHIBIT B
Super Bowl Special Event Period Reimbursement Guidelines
Reimbursement Period: Friday January 26th, 2018 through Monday February 5th, 2018
1. General Reimbursement Guidelines:
a. The lead law enforcement agency, Minneapolis Police Department, will serve as
fiscal agent for purposes of this agreement.
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b. Reimbursement will be for official Super Bowl events sanctioned by the MN Host
Committee and /or the NFL only, or for hours worked in direct support of the lead
law enforcement agency, Minneapolis Police Department.
c. All hours worked will be considered "on duty" time.
d. Sending agencies are expected to place provided law enforcement officers "on
assignment" for the event period and this assignment will be their normal
assignment for that period. Personnel should not be expected to work the event
week in addition to their normal job at their respective agency.
e. 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 B. These rates are all inclusive and will not be adjusted.
f. Reimbursement will occur only for hours worked consistent with official
operational plans approved by the core planning team and the lead law
enforcement agency, MPD.
g. There will be no reimbursement for non - personnel costs, backfill, pre -event
training, equipment, and other expenses including but not limited to travel costs,
fuel, mileage, per diem, etc.
h. Reimbursement will occur only for state, county, and local law enforcement
personnel participating in official Super Bowl Event security details.
i. 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, Sr. Commander, Captain or other
law enforcement officers working in a command position and /or in an exempt
payroll status.
j. Generally, participating law enforcement personnel will be expected to work a ten
hour shift daily during the event period (This may vary based on specific
assignments).
k. For reimbursement purposes, a law enforcement officer's shift begins and ends
when he /she checks in/out on site with the lead law enforcement agency. This will
be tracked using an automated system provided by the lead law enforcement
agency.
Law enforcement personnel will be notified of their daily and hourly schedule 30 -60 days prior
to the special event period subject to any changes that may occur. There will be no
reimbursement for any changes to the schedule or for any scheduled off days during this period
or for off hours where personnel are not actively assigned to an official special event detail.
a. Sending agencies and personnel assigned to the special event week 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 the lead law
enforcement agency, Minneapolis Police Department.
2. Established Hourly Reimbursement Rates:
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a. All hours reimbursed under the terms of Sections 3 and 4 of this Exhibit B, 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. $82 per hour overtime rate.
ii. $55 per hour straight time rate.
3. Specific Agency Reimbursement Guidelines:
a. For law enforcement personnel working in areas where they have jurisdictional
authoriW. -
i. Reimbursement will occur only for overtime hours worked as a result of
established /approved operational plans and hours above and beyond that
of their scheduled shifts for that day with approval of incident commander.
ii. Sending agencies will be reimbursed for overtime hours worked under the
Joint Powers Agreement, not to exceed 60% of the total hours worked by
that ap-ency at the established overtime rate as specified in Section 2 of
this Exhibit B, above.
iii. Sending agencies are dxpected to place provided law enforcement officers
"on assignment " for the event period and this assignment will be their
normal assignment for that period. Personnel should not be expected to
work the event week in addition to their normal job at their respective
agency.
b. For law enforcement personnel working in areas where they do not have
jurisdictional authority
i. Reimbursement will occur for all hours worked to include straight time
and overtime at the established rates as specified in Section 2 of this
Exhibit B, above however reimbursement for overtime hours worked
under this Joint Powers Agreement which will not exceed 60% of the total
hours worked by that agency.
ii. Sending agencies are expected to place provided law enforcement officers
"on assignment " for the event period and this assignment will be their
normal assignment for that period. Personnel should not be expected to
work the event week in addition to their normal job at their respective
agency.
4. Reimbursement Process:
Within 30 days after the special event period, the lead law enforcement agency, MPD
will provide the sending agency with a report outlining hours worked for all personnel for
that agency.
a. Sending 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 sending agency on addressing any
discrepancies.
c. The lead law enforcement agency will issue reimbursement to the sending 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:
MPD Chief Financial Officer
C/O Robin McPherson
350 South 5th Street, Room 130
Minneapolis, MN. 55415
EXHIBIT C
CLAIMS PROCEDURE FOR CLAIMS BROUGHT AS A RESULT OF LAW
ENFORCEMENT AND SECURITY SERVICES
1. The Host Committee and Insurer will develop a "uniform claim form (the "Form "). The
Form will be approved by the insurance broker retained by the Host Committee and by
the Insurer.
2. The Host Committee will establish a committee to review each Form submitted by third
parties alleging injuries or property damage due to law enforcement activities that
occurred during the Event (each completed Form a "Claim ").
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3. The committee established to conduct the preliminary review of the Claim Forms
( "Claims Committee ") will consist of at least the following members:
(a) A Host Committee representative;
(b) A Representative of the insurance broker retained by the Host Committee; and
(c) The City of Minneapolis Risk Manager.
The Claims Committee may also include other Provider representatives as determined by
the three (3) required Claims Committee members.
4. After making a preliminary determination as to the validity of a Claim, the Claims
Committee will forward each Form to the Insurer. The Insurer will determine whether
Claims are covered by the Law Enforcement Liability Policy and determine when the
Policy limits have been reached and exceeded.
5. Once the aggregate amount of Claims exceeds $3 million, then the Insurer will notify the
Host Committee, the City and each Provider. Any further Claims brought against each
Provider after the date of notification that the $3 million coverage limitation has been
exhausted will be the sole responsibility of the Provider or Providers named in the Claim
to defend and pay the amount of damages determined by a court of law.
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