IV.6. Hwy 7 Joint Powers Agreement; Johnson
CITY OF HOPKINS
City Council Report 2024-084
To: Honorable Mayor and Council Members
Mike Mornson, City Manager
From: Brent Johnson, Police Chief
Date: July 9, 2024
Subject: Joint Powers Agreement for Hwy 7 Safe Road Zone Grant Projects
_____________________________________________________________________
RECOMMENDED ACTION
MOTION TO Enter into a Joint Powers Agreement regarding Hwy 7 Safe Road Zone
Grant Projects.
OVERVIEW
South Lake Minnetonka Police Department (SLMPD) has obtained a grant from the
Minnesota Department of Public Safety for enhanced enforcement along Hwy 7 under
the 2025 Safe Road Zone Grant Program.
The SLMPD also applied for a grant from the Minnesota Department of Transportation
under the 2025 Safe Road Zone Grant Program, to be used for public awareness and
education activities related to the Hwy. 7 Safe Road Zone. South Lake Minnetonka
Police Department anticipates receiving a grant but has not received the grant
agreement.
The applications for both grants were prepared in coordination with all cities that abut
the Hwy. 7 Safe Road Zone, which extends from St. Louis Park to the western border of
Hennepin County and includes portions of the following cities: St. Louis Park, Hopkins,
Minnetonka, Deephaven, Greenwood, Excelsior, Shorewood, Chanhassen, Victoria,
Minnetrista, Saint Bonifacious and their respective law enforcement agencies, which
includes city police departments and the Carver County Sheriff’s Office .
The cooperative agreement identifies activities to be undertaken by the parties to the
agreement, establishes the responsibilities of the parties, and designates the SLMPD as
the fiscal agent for the grants.
SUPPORTING INFORMATION
• Joint Powers Agreement for Hwy 7 Safe Road Zone Grant Projects
Police Department
COOPERATIVE AGREEMENT
REGARDING HWY 7 SAFE ROAD ZONE GRANT PROJECTS
This Agreement is made as of July 1, 2024, by and among South Lake Minnetonka Police
Department, City of Chanhassen, City of Deephaven, City of Excelsior, City of Greenwood, City
of Hopkins, City of Minnetonka, City of Minnetrista, City of St. Bonifacius, City of St. Louis Park,
City of Shorewood, City of Victoria and County of Carver, by and through its Sheriff’s Department.
This Agreement is made pursuant to Minn. Stat. § 471.59.
Recitals
A. South Lake Minnetonka Police Department (“SLMPD”) is a joint powers entity and
instrumentality of the cities of Excelsior, Greenwood, Shorewood and Tonka Bay
pursuant to Minn. Stat. § 471.59 whose purpose is to provide law enforcement services
for those cities.
B. SLMPD has obtained a grant from the Minnesota Department of Public Safety under the
2025 Safe Road Zone Grant Program, Grant Agreement No. A-SRZ25-2025-
SLKMINPD-007 (the “Enforcement Grant”), for additional traffic safety enforcement
activities within a Safe Road Zone that includes Minnesota Highway 7 from St. Louis
Park to Minnetrista, within Hennepin and Carver Counties (the “Hwy 7 Safe Road
Zone”).
C. SLMPD has also applied for a grant from the Minnesota Department of Transportation
(MnDOT) under the 2025 Safe Road Zone Grant Program (the “Awareness and
Education Grant”), for development and delivery of public awareness and education
about the Hwy 7 Safe Road Zone. The grant agreement for the Awareness and
Education Grant has not yet been finalized.
D. The Hwy 7 Safe Road Zone lies within portions of the following cities: City of
Chanhassen (“Chanhassen”), City of Deephaven (“Deephaven”), City of Excelsior
(“Excelsior”), City of Greenwood (“Greenwood”), City of Hopkins (“Hopkins”), City of
Minnetonka (“Minnetonka”), City of Minnetrista (“Minnetrista”), City of St. Bonifacius (“St.
Bonifacius”), City of St. Louis Park (“St. Louis Park”), City of Shorewood (“Shorewood”)
and City of Victoria (“Victoria”), collectively, the City Parties. Each of the City Parties is a
municipal corporation and political subdivision of the State of Minnesota and is also a
local road authority, as defined by Minn. Stat. chapter 160.
E. County of Carver (“County”) is a political subdivision of the State of Minnesota, and its
sheriff’s office provides law enforcement services for Chanhassen and Victoria.
F. The following City Parties provide their own law enforcement services for their respective
cities, through a police department: Deephaven, Hopkins, Minnetonka, Minnetrista, and
SLP. Minnetrista’s police department also provides services to St. Bonifacius.
G. Collectively, SLMPD, Chanhassen, Deephaven, Excelsior, Greenwood, Hopkins,
Minnetonka, Minnetrista, St. Bonifacius, St. Louis Park, Shorewood, Victoria and County
are referred to as “the Parties.”
H. As used in this Agreement, the term “Law Enforcement Agency” refers to the entities or
departments that provide law enforcement services for each of the City Parties and
includes: SLMP, County, Deephaven Police Department, Hopkins Police Department,
Minnetonka Police Department, Minnetrista Police Department and St. Louis Park Police
Department.
I. The purpose of this Agreement is to provide coordination among the Parties regarding
the use of grant funds and implementation of the Enforcement Grant and the Awareness
and Education Grant.
Terms of Agreement
ARTICLE 1: GENERAL AND ADMINISTRATION
1.1. Recitals Incorporated. The recitals set forth above are incorporated into and made a part
of this Agreement.
1.2. Term; Effective Date.
a. The Law Enforcement Grant has a grant term of July 1, 2024 through June 30,
2025. The anticipated Awareness and Education Grant is expected to have the
same grant term.
b. This Agreement is effective July 1, 2024 as to all Parties that have executed this
Agreement prior to that date. The Agreement is effective as to other parties on
the date that they execute this Agreement.
c. This Agreement terminates when all reimbursement requests for the grant period
have been submitted and processed, but no later than December 31, 2025.
d. None of the activities contemplated by this Agreement may occur within the
jurisdiction of a City Party until that City Party has executed this Agreement.
None of the activities for the Awareness and Education Grant may occur until the
grant agreement has been received and executed by the SLMPD.
1.3. Fiscal Agent. SLMPD will serve as the Fiscal Agent for the Parties under this
Agreement. The Fiscal Agent must account for all funds received pursuant to this Agreement
according to generally accepted accounting principles. The Fiscal Agent shall manage the
budgets for the Enforcement Grant and Awareness and Education Grant and shall employ
procedures to ensure that the activities performed under this Agreement do not exceed the
available grant funds. The Fiscal Agent shall provide reports on receipts and disbursements to
each of the Parties on at least a quarterly basis. Except as provided in Section 3.__ below, the
Fiscal Agent shall not receive compensation for performing the duties of fiscal agent and shall
not request reimbursement from grant funds for performance of Fiscal Agent duties.
1.4. Reimbursement-based Grants. Both the Enforcement Grant and Awareness and
Education Grant provide for reimbursement of eligible expenses, and neither provides advance
funding for grant-eligible expenses, such as personnel costs, labor costs or the cost of
purchasing or leasing supplies or equipment.
a. Compensation of Employees. Each Party is responsible for compensating its
employees who perform work under this Agreement according to the collective
bargaining agreements, contracts and policies applicable for that Party,
regardless of the jurisdiction in which the Party’s employee performed the work.
The grant-eligible personnel costs contemplated by this Agreement include
peace officer hours incurred in connection with planning and implementation of
Safe Road Projects (as that term is defined below); personnel costs incurred in
installing fixed grant-eligible equipment or moving mobile grant-eligible
equipment; and personnel costs incurred in administering the purchase of grant-
eligible equipment. Each Party agrees to assume all other personnel costs
related to the performance of this Agreement, including, but not limited to,
administrative costs in submitting and processing reimbursement requests.
b. Contracted Costs for Services, Labor or Equipment. As further set forth in Article
3 below, the Awareness and Education Grant contemplates that the parties will
contract for services, for the purchase or rental of certain equipment; in addition,
a City Party may wish to contract for the installation of grant-eligible equipment
rather than perform that labor with city forces. The SLMPD will serve as
purchasing agent for the Parties with respect to the purchase or rental of any
grant-eligible equipment and with respect to the contract with Independent
School District No. 276. If grant-eligible equipment is to be permanently installed
within the jurisdiction of a City Party, that City Party is responsible for contracting
for the installation (unless the City Party will use city forces).
c. Reimbursement Requests. A Party must submit to the Fiscal Agent a request for
reimbursement of grant-eligible costs incurred under this Agreement (whether
compensation costs or contracted costs) within ___ days after the costs are
incurred. The Fiscal Agent is responsible for submitting the request to the grant
agency in accordance with the applicable grant agreement. A Party who fails to
timely submit reimbursement requests assumes all risks associated with late
submission, including, specifically, the risk that previously-submitted
reimbursement requests may have exhausted the available grant funds. The
Fiscal Agent will use its best efforts to manage the budgets for the grant funds
but is not responsible for untimely reimbursement requests.
1.5. Workers' Compensation. Each Party shall be responsible for injuries to or the death of its
own personnel. Each Party shall maintain workers' compensation coverage or self-insurance
coverage covering its own personnel while they are participating in any activities 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.
1.6. Liability. Each Party is responsible for its own acts and omissions and the results thereof
to the extent authorized by law and will not be responsible for the acts and omissions of any
others ad the results thereof. Each Party agrees to defend and indemnify the other Parties from
any liability, claims, causes of action, judgments, damages, losses, costs or expenses, including
reasonable attorneys’ fees, resulting directly or indirectly from any act or omission of the
indemnifying Party’s officers, employees or volunteers performing any activity pursuant to this
Agreement. Nothing in this Section 1.5 constitutes a waiver by any Party of the limitations on
liability provided by Minn. Stat. Ch. 466. The Parties’ liability shall be governed by Minn. Stat.
Ch. 466 and Minn. Stat. 471.59, subd. 1a.
1.7. Damage to Equipment. Each Party shall be responsible for damage to or loss of its own
equipment that occurs in connection with the joint exercise of the Parties' powers pursuant to
this Agreement. 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.
ARTICLE 2: ENFORCEMENT GRANT ACTIVITIES
2.1. Enforcement Grant. The amount of the Enforcement Grant is Two Hundred Thousand
Dollars ($200,000.00), all of which is allocated to overtime enforcement.
2.2. Enforcement Grant Activities. The Parties will carry out the purpose of this Agreement
through their respective Law Enforcement Agencies by jointly participating in high visibility traffic
enforcement projects (Safe Road Projects) to which the Law Enforcement Agencies will assign
peace officers. Traffic enforcement projects will include targeted geographic areas during
specified periods of time on specific dates in which and during which the Law Enforcement
Agencies will assign peace officers to work together to enforce traffic safety laws, including but
not limited to semaphore violations, crosswalk violations and distracted driving violations. Safe
Road Projects may include the use of equipment acquired with funds from the Awareness and
Education Grant. Assignment of peace officers to work on traffic enforcement projects will
remain in the sole discretion of the chief law enforcement officer of each Law Enforcement
Agency. Any Law Enforcement Agency may decline participation in any traffic enforcement
project without liability to any Party.
2.3. Recommendation of Safe Road Projects, Assigned peace officers from the parties will
meet on an ad hoc basis as the Hwy 7 Safe Road Zone Group to identify and recommend Safe
Road Projects to the chief law enforcement officers of each Law Enforcement Agency. The Hwy
7 Safe Road Zone Group will utilize data to identify Safe Road Projects that will have a
substantial effect upon public safety, including: citations for excessive speed; crash history;
pedestrian crossings; bicycle use; other vulnerable road users; intersection risks, roadway
design, and data from the Road Safety Audit completed in July 2022. The decision to assign
peace officers to work on any particular Safe Road Project remains within the discretion of the
chief law enforcement officer for each Law Enforcement Agency.
2.4. Exercise of Police Power. A peace officer who has been assigned by his or her chief law
enforcement officer to participate in a Safe Road Project located outside of the officer's
jurisdiction has the full and complete authority of a peace officer as though appointed by the
Law Enforcement Agency within whose jurisdiction the Safe Road Project is located.
2.5. Direction and Control. Peace officers assigned by their appointing agency to participate
in Safe Road Projects pursuant to this Agreement shall remain under the direction and control of
their chief law enforcement officer.
2.6. Recall of Peace Officers. The appointing Law Enforcement Agency may at any time and
in the agency's sole judgment and without liability to any Party recall a peace officer assigned to
participate in a Safe Road Project pursuant to this Agreement.
2.7. Incidental Equipment and Supplies. When a Law Enforcement Agency assigns peace
officers to work on Safe Road Projects pursuant to this Agreement, that Law Enforcement
Agency shall provide all fuel and other materials and services for its peace officers who have
been so assigned, without any claim for reimbursement from grant funds.
ARTICLE 3: AWARENESS AND EDUCATION GRANT ACTIVITES
3.1. Awareness and Education Grant. The application for the Awareness and Education
Grant was in the amount of ___________ Thousand Dollars ($___,000.00). The Parties’
activities will be limited to the amount of the Awareness and Education Grant, as set forth in the
executed grant agreement.
3.2. Awareness and Education Grant Activities. The grant application for the Awareness and
Education Grant identified the following grant activities:
a. Purchase of 15 semaphore confirmation lights;
b. Installation of 15 semaphore confirmation lights;
c. Inspection and consultation for semaphore confirmation lights;
d. One-year lease of Acusensus® Real-time Distracted Driving Enforcement Tech
equipment;
e. Signage for Hwy 7 Safe Road Zone;
f. Development of Hwy 7 Safe Road Zone messaging, in cooperation with Independent
School District No. 276 (“ISD 276”)(creation of logo, production of videos, creation of
social media posts, town hall meetings/school safety presentations by on-duty
officers, press conferences)
g. Billboard messaging
h. Boosting social media posts and adding space on social media;
i. Purchase of truck-mounted messaging system
j. Installation of flashing crosswalk sign at Hwy 7 and CR 101;
k. On-duty time for Hwy 7 community gatherings.
3.3. Prioritization of Awareness/Education Projects. Each Law Enforcement Agency will
identify a representative to serve on a Project Group that will determine the priorities for projects
to be funded with Awareness and Education Grant funds (“Awareness Projects”). The Project
Group representatives for each City Party must consult with that City’s public works,
engineering or other staff, as the City Party may designate, regarding projects falling within
Section 3.2 a., b., c., e., or j. above, before making final decisions on funding priority for
projects. The Project Group will utilize data to identify Awareness Projects that will have a
substantial effect upon public safety, including: citations for excessive speed; crash history;
pedestrian crossings; bicycle use; other vulnerable road users; intersection risks, roadway
design, and data from the Road Safety Audit completed in July 2022.
3.4. Party Responsibilities. All grant funds are awarded on a reimbursement basis. The
responsibilities of the Parties with respect to Awareness Projects is governed by this Section
3.4.
a. Semaphore Confirmation Lights. The City Party in whose jurisdiction a
semaphore confirmation light is to be installed will be responsible to: obtain
necessary permits or agreements from MnDOT for the installation and
maintenance of the confirmation light; contract for the purchase of the
confirmation light equipment; install or contract for the installation of the
confirmation light equipment; and maintain the installed confirmation light
equipment on an on-going basis; and submit requests for reimbursement of
grant-eligible costs to the Fiscal Agent in accordance with Section 1.4 of this
Agreement.
b. Acusensus® Equipment. SLMPD is responsible for leasing the Acusensus®
Real-time Distracted Driving Enforcement Tech equipment and processing a
request for reimbursement in accordance with Section 1.4 of this Agreement.
c. Contract with ISD 276. ________ is responsible for (1) contracting with ISD 276
to develop a media program for the Hwy 7 Safe Road Zone project, including the
creation of a logo, production of videos, creation of social media posts, and
developing presentation materials for town hall meetings and school safety
presentations, and (2) submitting a request for reimbursement of grant-eligible
costs to the Fiscal Agent in accordance with Section 1.4 of this Agreement.
d. Truck-mounted Messaging Equipment. SLMPD is responsible for purchasing
truck-mounted messaging equipment, to be used as part of the Awareness
Project, and for processing any request for reimbursement in accordance with
Section 1.4 of this Agreement. SLMPD shall own the truck-mounted messaging
equipment and may retain that equipment after termination of this Agreement.
SLMPD acknowledges that SLMPD will benefit from the remaining useful life of
that equipment and agrees that, in consideration of that value, SLMPD will not
request compensation from any of the Parties or reimbursement from the grant
funds for its services as Fiscal Agent for this Agreement.
e. Crosswalk Sign at Hwy 7 and CR 101. The City of Minnetonka will be responsible
to: (1) obtain necessary permits or necessary permits or agreements from
MnDOT for the installation and maintenance of the flashing crosswalk sign at
Hwy 7 and CR 101, and (2) submit a request for reimbursement of grant-eligible
costs to the Fiscal Agent in accordance with Section 1.4 of this Agreement.
f. Other Awareness Grant Activities. The Project Group will determine which other
Awareness Projects may be undertaken and the City Party(ies) who will be
responsible for undertaking the activity and submitting requests for
reimbursement in accordance with Section 1.4 of this Agreement. Those projects
may include: obtaining Hwy 7 Safe Road Zone signage, coordinating public
service announcement messaging with billboard companies in the Hwy 7 Safe
Road Zone; boosting social media posts and adding space on social media; and
providing personnel for town hall/school presentations and Hwy 7 community
gatherings.
3.5. Incidental Equipment and Supplies. When any Party assigns personnel to work
on an Awareness Project pursuant to this Agreement, that Party shall provide all travel
expenses for attending meetings or presentations, and incidental supplies and materials
related to the provision of services by its personnel, without any claim for reimbursement
from grant funds.
ARTICLE 4: MISCELLANEOUS
4.1. Withdrawal. Any City Party may withdraw from this Agreement upon thirty (30) days'
written notice to the Fiscal Agent. The Fiscal Agent will notify the other Parties to this
Agreement. After the effective date of the withdrawal, no grant activities will take place within
the jurisdiction of the withdrawing City Party. Withdrawal shall not act to discharge any liability
incurred by any Party prior to withdrawal.
4.2. Notice. Notices required by Section 4.1 of this Agreement shall be provided by first
class United States mail to the addresses set forth below. All other correspondence relating to
this Agreement may be by either U. S. mail or email to email addresses provided by the Parties
to each other.
South Lake Minnetonka Police Dept.
Attn: Chief of Police Brian Tholen
24150 Smithtown Rd.
Shorewood, MN 55331
City of Chanhassen
Attn: ____________
7700 Market Blvd.
P. O Box 147
Chanhassen, MN 55317
City of Deephaven
Attn: ____________
20225 Cottagewood Rd
Deephaven, MN 55331
City of Excelsior
Attn: ______________
350 Hwy 7, Suite 230
Excelsior, MN 55331
City of Greenwood
Attn: ____________
350 Hwy 7, Suite 230
Excelsior, MN 55331
City of Hopkins
Attn: _____________
1010 1st Street South
Hopkins, MN 55343
City of Minnetonka
Attn: Chief of Police Scott Boerboom
14600 Minnetonka Blvd.
Minnetonka, MN 55345
City of Minnetrista
Attn: ______________
7701 Co. Rd. 110 W.
Minnetrista, MN 55364
City of St. Louis Park
Attn: Chief of Police Bryan Kruelle
5005 Minnetonka Blvd.
St. Louis Park, MN 55416
City of Shorewood
Attn: ______________
5755 County Club Rd.
Shorewood, MN 55331
City of Victoria
Attn: ________________
1670 Stieger Lake Ln.
Victoria, MN 55386
County of Carver
Attn: Sheriff Jason Kamerud
606 E. Fourth St.
Chaska, MN 55318
4.3. Records/Audit. Under Minn. Stat. § 16C.05, subd. 5, the Parties’ books, records,
documents, and accounting procedures and practices relevant to this Agreement, including
books and records of any approved subcontractors, are subject to examination by any other
Party and/or the State Auditor or Legislative Auditor, as appropriate, for a minimum of six years
after the termination of this Agreement.
4.4. Nondiscrimination. The provisions of Minnesota Statute Section 181.59 discrimination
shall be considered a part of this Agreement as though fully set forth herein.
4.5. Minnesota Laws Govern. The laws of the State of Minnesota shall govern all questions
and interpretations concerning the validity and construction of this Agreement and the legal
relations between the Parties and their performance. The appropriate venue and jurisdiction for
any litigation will be those courts located within the County of Hennepin, State of Minnesota.
4.6. Electronic signatures. The Parties agree that this agreement may be electronically
signed by any or all Parties. The Parties agree that electronic signatures appearing on this
Agreement are the same as handwritten signatures for the purposes of validity and admissibility.
4.7. Data Practices. The books and records of all the Parties shall be subject to the
provisions of the Minnesota Government Data Practices Act, Minn. Stat. Ch. 13.
4.8. Survival of Terms. Provisions that by their nature are intended to survive the term of this
Agreement do survive such term. Such provisions include but are not limited to: Workers’
Compensation; Liability; Damage to Equipment; Records/Audit; Minnesota Laws Govern.
4.9. Amendments. This Agreement may be amended only in writing and upon the consent of
each of the Parties’ governing body.
IN WITNESS of the above, the authorized representatives of each of the Parties has executed
this Agreement below.
[signature pages follow]
Signature Page for City of Hopkins
CITY OF HOPKINS:
Dated: _________________ By:_____________________________________
_____________, Mayor
Dated: _________________ By:_____________________________________
________________, City Manager