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HomeMy WebLinkAbout[08a] Regional Gang Strike Police JPA MEETING DATE: May 7, 2009/ May 21, 2009 Council Agenda Item 8 8 AGENDA ITEM: Regional Gang Strike Police JPA -Requested Action: Authorize the Mayor and Administrator to execute the amendment to the Joint Powers Agreement regarding the Gang Strike Police Officer, continuing the agreement. SUBMITTED BY: Administration/Police Chief BOARD/COMMISSION/COMMITTEE RECOMMENDATION: None PREVIOUS COUNCIL ACTION: In 2006 the City's of Waite Park, St. Joseph, Sartell and Sauk Rapids entered into a Joint Powers Agreement to jointly fund a Police Officer who would be part of the Central Minnesota Major Crime Investigation Unit's (MCIU) Gang Task Force. The JPA was for an initial period of three years and funding was secured to pay for a large portion of the costs. BACKGROUND INFORMATION: The Area Police Chiefs have discussed the role of the Gang Strike Officer and have recommended that the City's continue to support and fund the regional Gang Strike Officer. It is evident when reading the St. Cloud Times that the Gang Strike Task Force is working and includes work in the St. Joseph Area. Being part of a regional task force is more efficient that each City having their own officer and has many more resources. Updated RFA -The Police Chief had a discussion with Councilor Loso regarding the agreement. His concern was what would happen to the officer if the task dissolved. If you remember one of the Officers from Sartell accepted the position to be on the task force and they replaced that position. Therefore in the event the task force dissolved, the Sartell Officer would be re-instated in Sartell and his seniority would be the same as if he had not taken the position. The impact of the reinstatement would be handled by Sartell as it is their employee. BUDGET/FISCAL IMPACT: $ 2,500 to $ 3,000 per year for a three year period ATTACHMENTS: Extension of JPA, Original IPA, Detail of expenditures for the first three years. REQUESTED COUNCIL ACTION: Authorize the Mayor and Administrator to execute the Extension of Joint Powers Agreement to Provide Gang Task Officer Staffing and Support (:r'1'1' QF ti7:.1(1~1:1'N Council Agenda Item 4 d MEETING DATE: May 7, 2009 AGENDA ITEM: Regional Gang Strike Police JPA -Requested Action: Authorize the Mayor and Administrator to execute the amendment to the Joint Powers Agreement regarding the Gang Strike Police Officer, continuing the agreement. SUBMITTED BY: Administration/Police Chief BOARD/COMMISSION/COMMITTEE RECOMMENDATION: None PREVIOUS COUNCIL ACTION: In 2006 the City's of Waite Park, St. Joseph, Sartell and Sauk Rapids entered into a Joint Powers Agreement to jointly fund a Police Officer who would be part of the Central Minnesota Major Crime Investigation Unit's (MCIU) Gang Task Force. The JPA was for an initial period of three years and funding was secured to pay for a large portion of the costs. BACKGROUND INFORMATION: The Area Police Chiefs have discussed the role of the Gang Strike Officer and have recommended that the City's continue to support and fund the regional Gang Strike Officer. It is evident when reading the St. Cloud Times that the Gang Strike Task Force is working and includes work in the St. Joseph Area. Being part of a regional task force is more efficient that each City having their own officer and has many more resources. BUDGET/FISCAL IMPACT: $ 2,500 to $ 3,000 per year for a three year period ATTACHMENTS: Extension of JPA, Original JPA, Detail of expenditures for the first three years. REQUESTED COUNCIL ACTION: Authorize the Mayor and Administrator to execute the Extension of Joint Powers Agreement to Provide Gang Task Officer Staffing and Support EXTENSION OF JOINT POWERS AGREEMENT TO PROVIDE GANG TASK FORCE OFFICER STAFFING AND SUPPORT WHEREAS, the cities of Sartell, Waite Park, St. Joseph and Sauk Rapids hereinafter called "the Cities" previously entered into a Joint Power Agreement to Provide Gang Task Force Officer Staffing and Support, which Agreement is attached hereto as Exhibit A; and WHEREAS, the Cities wish to extend the Agreement upon the same terms and conditions as the original Agreement. NOW, THEREFORE, the Cities hereby agree as follows: I. Duration. This Extension will be effective from May 1, 2009 through December 31, 2012, unless terminated as provided herein. II. Withdrawal. Any Party may withdraw from this Agreement, by resolution of its city council, by providing written notice to the other Parties by August 1St on any year during the term of this Agreement. The withdrawal will be effective December 3 l S` following the notice. III. Termination. This Agreement will terminate when fewer than two Parties wish to continue to participate in this Agreement. IV. Continuation. All other terms and conditions of the Agreement remain unchanged. V. Execution. All Parties need not sign the same copy. Each Party will file the signed Extension with the Sartell City Clerk. Each Party hereto has read, agreed to and executed this Extension on the date indicated. CITY OF SARTELL, MINNESOTA By: DATE: Title: By: Title: CITY OF ST. JOSEPH, MINNESOTA By: DATE: Title: By: Title: CITY OF WAITE PARK, MINNESOTA By: DATE: Title: By: Title: CITY OF SAUK RAPIDS, MINNESOTA By: DATE: Title: By: Title: JOINT POWERS AGREEMENT TO PROVIDE GANG TASK FORCE OFFICER STAFFING AND SUPPORT WHEREAS, Minn. Stat. §412.221, Subd. 32, empowers a city to prevent crime and to provide for the protection of property and the promotion of health, safety, order, and convenience; and WHEREAS, Minn. Stat. §471.59 provides that cities may jointly exercise any power common to each or any similar powers, NOW, THEREFORE, BE IT RESOLVED by the city council's of the cities of Sartell, Waite Park, St. Joseph and Sauk Rapids hereinafter called "the Cities" each of whom will be considered a Party to this Agreement, as follows: I. Purpose The purpose of this Agreement is to provide a mechanism through which the Cities can provide a police officer to assist the Central Minnesota Major Crime Investigation Unit's (MCIU} Gang Task Force, or similar entity. The Gang Task Force will bring together officers from the St. Cloud metropolitan area to focus on organized gangs, their activities and the crimes related to that activity. Further, the Cities recognize that criminal activity in one city has an impact on the other cities, and that a joint, cooperative effort by the member law enforcement agencies contributes to more efficient and effective use of resources, including sharing information, intelligence, data and skilled officers, and thereby leads to earlier detection and solution of gang related crimes. II. Definitions "Sending city" means the law enforcement agency of a Party to this Agreement which sends any employee thereof to the MCIU for service as a member of the Gang Task Force. III. Non Waiver of Immunities The joining of the Parties in this joint powers agreement shall not waive any immunities that the Parties may enjoy under statute or common law, nor shall the joinder of the Parties constitute a "stacking" of any insurance each Party carries for their own benefit and/or that of its agents and employees. IV. Gang Task Force Officers The intent of this Agreement is to provide one police officer from the four participating Cities to the MCIU to support the efforts of the Gang Task Force. Officers from any of the Cities can apply when a vacancy arises. The Chief of Police in each city will provide reasonable notice to their officers of the vacancy. The Chiefs of each of the Cities will meet to consider all candidates and will recommend the candidate whom they determine to be most qualified to the MCIU Board of Directors. The recommended candidate must be acceptable to the MCIU Board of Directors. Upon termination of the gang task force assignment, when the officer assigned by the sending city returns to that city it may have a negative impact on that city's workforce. The sending city may not have a vacancy and may have to lay off the least senior member of the department. Upon such an occurrence the Cities will make an effort to give that officer preference in hiring if a vacancy occurs in their respective departments based on each city's hiring process. V. Cost Sharing The Cities will share the costs associated with providing and supporting the officer assigned to the MCIU Gang Task Force to the extent those cost are not covered by the proceeds of any grant received by the MCN in support of the Gang Task Force. The distribution of costs will be under a formula that adds each city's percent of the population total for the four cities in 2004 to each city's percent of tax capacity within the four cities in 2005 and divides that number by two. The determined percentage is then applied to the total costs not covered by grants. Costs for purposes of this Agreement include the actual costs for a replacement officer in the sending city. Replacement cost includes but is not limited to wages, PERA contribution, Medicare, cost of providing city benefits, costs associated with hiring and testing the new officer including medical, psycho]ogical, drug testing and costs associated with training. Replacement cost will also include equipment necessarily purchased to support the replacement officer. The determination of necessity and appropriate replacement cost will be determined by the Chiefs of Police of the Cities. The Cities will also share the costs associated with the ongoing support of the officer assigned to the Gang Task Force by the sending city. These costs include, but are not limited to a $10,000 overtime fund and radio equipment. The determination of appropriate ongoing costs will be determined by the Chiefs of Police of the Cities. The sending city will provide an officer that is already equipped according to the standards of the sending city. The sending city's share of the costs associated with providing and supporting the officer assigned to the MCIU Gang Task Force will be credited with the resale value of that equipment at the time of the assignment. The determination of the resale value will be made by the Chiefs of Police of the Cities. The sending city will make the initial payment of all costs associated with their officer subject to reimbursement by the Cities in accordance with this Agreement. Each city's share of the actual costs will be billed by the sending city on a quarterly basis. Quarterly billings will include an itemized accounting of the costs incurred. VI. Jurisdictional Authority of Gang Task Force Officers The Cities mutually agree and understand that the officer assigned by the sending city will perform their duties in multiple jurisdictions participating in the MCIU. The Cities authorize the assigned officers to exercise their police powers within the MCIU jurisdictions. It is anticipated that the sheriff of each county that is a member of the MCIU will appoint the assigned officer as a special deputy sheriff. The special deputies will serve without additional compensation from the MCIU, but will be compensated only by the sending city. The special deputies will serve at the pleasure of the appointing sheriff. Additionally, Minn. Stat. §471.59, Subd. 12 provides that officers authorized by agreement to jointly exercise police powers have the full and complete authority of a peace officer as though appointed by each of the participating governmental units. VII. Command While assigned to the MCN Gang Task Force the officer will be under the command of the Gang Task Force supervisor. Officer's investigation reports will be submitted to the Gang Task Force supervisor. VIII. Officer's Expenses The sending city will be responsible for the usual and customary expenses of the officer assigned to the Gang Task Force subject to reimbursement for equipment as provided in this Agreement. IX. Reciprocal Defense and Indemnification. The intent of the indemnification requirement of this section is to impose on the sending city a limited duty to defend and indemnify any of the Cities for claims arising by reason of the assignment of the sending city's officer to the Gang Task Force subject to the limits of the liability under Minnesota Statues, Chapter 466. The purpose of creating these reciprocal duties to defend and indemnify is to simplify the defense of liability 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. The sending city agrees to indemnify and defend against any claims brought or actions filed against the Cities or any officers, employees or volunteers of the Cities for injury or death to any third person or persons, or damage to the property of third persons, arising out of the performance and provision of duties by the officer assigned by the sending city pursuant to this Agreement. Under no circumstances will any of the Cities 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 only one Party. The limits of liability for some or all Cities may not be added together to determine the maximum amount of liability for any Party. X. Responsibility for Equipment. Damages to or loss of equipment provided to its officer by the sending city will be reimbursed to the sending city by Cities using the percentage determined under article V relating to cost sharing. XL Workers Compensation. Each city will be responsible for injuries or death of its own personnel. Each city will maintain workers' compensation insurance or self-insurance coverage, covering its own personnel while they are providing assistance pursuant to this Agreement. Each city waives the right to sue any other party for any workers' compensation benefits paid to its own employee or volunteer or their dependants, even if the injuries were caused wholly or partially by the negligence of any other party or its officers, employees, or volunteers. XII. No Joint Entity or Partnership. This Agreement does not intend, nor does it create, any joint entity or partnerships between the Cities. XIII. Duration. This Agreement will be effective on the date it is last executed by the Cities and will continue until May 1, 2009 unless terminated as provided herein. XIV. Withdrawal. Any Party may withdraw from this Agreement, by resolution of its city council, by providing written notice to the other Parties by August 1St on any year during the term of this Agreement. The withdrawal will be effective December 31St following the notice. XV. Termination. This Agreement will terminate when fewer than two Parties wish to continue to participate in this Agreement. XVI. Distribution of property on Withdrawal or Termination A. Withdrawal. In the event of withdrawal from this Agreement by a Party cash deposited by the Party with the sending city will be retained by the sending city. B. Termination. Upon complete termination of this Agreement by all Cities surplus monies will be returned to the Parties in proportion to contributions of the parties. Liabilities shall be distributed in the same manner. XVI. Execution. All Parties need not sign the same copy. Each Party will file the signed Agreement with the Sartell City Clerk. Each Party hereto has read, agreed to and executed this Agreement on the date indicated. CITY OF SARTELL, MINNESOTA By: DATE: Title: By: Title: CITY OF ST. JOSEPH, MINNESOTA BY~ DATE: Title: By: Title: CITY OF WAITE PARK, MINNESOTA BY~ DATE: Title: By: Title: CITY OF SAUK RAPIDS, MINNESOTA BY~ DATE: Title: By: _ Title: !I ~ CITY OF ST. JOSEPH 05/03/09 12:33 PM ~~! ~~~~ [~, f~,...Y ~ Page 1 ~.~h Regional Gang Strike Officer Act Year Search Name Act Year 2006 2006 CITY OF SARTELL Act Year 2007 2007 CITY OF SARTELL 2007 CITY OF SARTELL Act Year 2007 Act Year 2008 2008 CITY OF SARTELL 2008 CITY OF SARTELL i 2008 CITY OF SARTELL 12008 CITY OF SARTELL Act Year 2008 Tran Comments Amount Date 2nd & 3rd Qtr Gang Strike Force $2,283.67 10/30/2006 4th Quarter Gang Strike Force $1,198.13 2/1612007 2nd & 3rd Quarter Gang Strike Forc $1,589.47 10/1512007 $2,787.60 4th Quarter Gang Strike Force $581.18 1/2512008 1st Quarter Gang Strike Force $462.10 4/21/2008 2nd Quarter Gang Strike Force $995.23 10/21/2008 3rd Quarter Gang Strike Force $608.03 10/21/2008 $2,646.54 $7,717.81