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HomeMy WebLinkAbout[04c] Joint Powers AgreementOW vFWEJOMIRNH Council Agenda Item 4 C MEETING DATE: September 1, 2011 AGENDA ITEM Joint Powers Agreement — Requested Action: Authorize the Mayor and Administrator to execute the Joint Amended Joint Powers Agreement for the Central MN Drug and Gang Task Force. SUBMITTED BY: Police Chief, Pete Jansky BOARD /COMMISSION /COMMITTEE RECOMMENDATION: The Police Chiefs involved with the Joint Task Force have discussed the addition of the Little Falls Police Department and have recommend inclusion, providing the area Cities with an updated Joint Powers Agreement. PREVIOUS COUNCIL ACTION: In 2006 the City partnered with the area Cities to form the Central MN Drug and Gang Task Force. The Cities involved included Sartell, St. Joseph, Waite Park and Sauk Rapids. BACKGROUND INFORMATION: The Drug Task Force is funded in part by grants received by the Central MN Major Crime Investigation Unit (MCIU). The balance not covered is proportionately distributed by the participating entities, using population and tax capacity in the distribution formula. The following table is a summary of the expenditures since formation in 2006. 2006 $ 2,283.67 2007 $ 2,787.60 2008 $ 2,646.54 2009 $ 3,365.27 2010 $ 3,887.90 In 2009 the original JPA was extended through December 31, 2012. At this time the Little Falls Police Department has requested to be part of the Central Minnesota Drug and Gang Task Force. Therefore, in order to add members, the JPA needs to be amended. BUDGET /FISCAL IMPACT: The amendment does not add additional financial impact ATTACHMENTS: Request for Council Action .......................... .......................4(c):1 -2 Joint Powers Agreement .............................. ......................4(c):3 -13 REQUESTED COUNCIL ACTION: Authorize the Mayor and Administrator to execute the revised Joint Powers Agreement regarding the Central MN Drug and Gang Strike Task Force. 4(c):1 THIS PAGE INTENTIONALLY LEFT BLANK 4(c):2 JOINT POWERS AGREEMENT TO FORM THE CENTRAL MINNESOTA DRUG AND GANG TASK FORCE WHEREAS, Minn. Stat. 387.03 requires that the sheriff of each county shall keep and preserve the peace of the county and pursue and apprehend all felons; and, WHEREAS, Minn. Stat. 412.221, Subd. 32, empowers the 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. 436.05 provides that the city can contract with the county for the performance of police service within the city by the sheriff; and, WHEREAS, Minn. Stat. 471.59 provides that cities and counties may jointly exercise any power common to each or any similar powers, NOW, THEREFORE, BE IT RESOLVED by the county boards of Benton, Morrison, Todd and Stearns Counties, and the city council of the cities of Sartell, Sauk Rapids, Waite Park, St. Joseph and Little Falls, hereinafter called the parties or member parties, as follows: L Purpose The Central Minnesota Drug and Gang Task Force was formed to investigate, identify and disrupt illegal drug and gang activity within the cities of St. Cloud, Sartell, Sauk Rapids, Waite Park and St. Joseph and counties of Benton, Todd, Steams and Morrison. The participating agencies promote cooperative law enforcement through multi jurisdictional investigations in Central Minnesota. The Drug and Gang Task Force has made numerous arrests with successful prosecutions for controlled substance and 4(c):3 gang - related criminal offenses. The Central Minnesota Drug and Gang Task Force is governed by the task force Board of Directors (Board). The Board is a joint powers board established under Minn. Stat. 471.59. The Board meets monthly and reviews the activities of the Drug and Gang Task Force. The By -Laws and Drug and Gang Task Force Policies and Guidelines address staffing, supervision, equipment, accounting, management of confidential funds and daily operations in a manner consistent with federal and state regulations for grant program funds. All Drug and Gang Task Force accounts are regularly audited by an independent auditor. II. Task Force Established The parties hereby create and establish a special criminal investigation unit to be called the Central Minnesota Drug and Gang Task Force. III. Task Force Board There is hereby created and established a board of directors which shall have general supervision over the activities of the Drug and Gang Task Force. The members of the board shall be the sheriff of each member county, the chief of police for the Little Falls Police Department, and one representative from among the chiefs of police of Sartell, Sauk Rapids, Waite Park and St. Joseph, who shall be selected annually by a majority vote of the chiefs of police. The board shall elect a chair, a secretary and a treasurer from among its members. Said officers shall serve a one -year term of office and may serve more than one term. The board shall adopt such bylaws and operating rules as it deems necessary. 4(c):4 All actions of the Board shall be consistent with this Joint Powers Agreement, By -Laws and Task Force Policies and Guidelines. The board may receive and disburse public funds, private donations and grants to carry out the purposes of this Agreement. The board shall be strictly accountable to the member parties for all funds and shall report to the parties hereto on all receipts and disbursements. The reporting period shall be the calendar year. Contracts let and purchases made by the board shall conform to Minn. Stat. 471.345 (Uniform Municipal Contracting Law). The board shall meet on the call of the chair or on written notice by any three board members. The majority of the voting members of the board shall constitute a quorum for a meeting. A majority vote of the voting members of the full board shall be necessary to approve a motion. A meeting of the board shall be required to transact business. IV. NonWaiver 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 AstackingC of any insurance each party carries for their own benefit and /or that of its agents and employees. V. Task Force Officers The sheriff of each county and the police chief of Little Falls shall appoint at least one licensed peace officer from each of their departments as a member of the Drug and Gang Task Force. The chiefs of police of Sauk Rapids, Sartell, Waite Park, and St. Joseph shall jointly appoint one officer to the task force. Employees who are on detail shall be entitled to the same salary and benefits to 4(c):5 which they would otherwise be entitled and shall remain employees of the sending agency for all other purposes except that the supervision of their duties during the period of detail may be governed pursuant to this Agreement. Participation of a sending agency =s employee in the Drug and Gang Task Force is deemed to advance the interests of the sending agency. Therefore, participation of a sending agency =s officer in the Drug and Gang Task Force is deemed to be in the course of the officer =s employment with the sending agency. VI. Jurisdictional Authority of Task Force Officers The number of Task Force officers shall be established from time to time by the board of directors in the bylaws of the Task Force. The sheriff of each member county is hereby authorized to appoint an accepted Task Force officer as special deputy sheriff. The written appointment and oath of the officer shall be filed in the office of the county recorder. The special deputies shall serve at the pleasure of the appointing sheriff. VII. Task Force Command Officers assigned to the Drug and Gang Task Force shall be under the command of the Task Force Commander. Task Force officers shall prepare and submit their investigation reports to the Task Force commander. VIII. Contributions Each participating agency agrees to provide all resources as agreed in the annual grant application proposal. These resources include funding, personnel and /or 4(c):6 equipment as necessary to meet the annual grant proposal requirements. IX. Coordinating Agency For the purposes of this agreement, the coordinating agency is the Stearns County Sheriff =s Office. The coordinating agency, subject to the approval of the advisory board, shall designate a task force commander who will be responsible for supervising the day -to -day operations of the Drug and Gang Task Force, including supervision of staff, intelligence sharing, management of confidential funds and coordination with other agencies. The coordinating agency shall be responsible for development of any recommended changes to the Drug and Gang Task Force Policies and Guidelines and shall ensure Drug and Gang Task Force compliance with all current policies and guidelines. X. Fiscal Agency The fiscal agency shall be the participating agency department head elected to serve as treasurer of the Board. The fiscal agency shall be responsible for proper fiscal management of the Drug and Gang Task Force grants and all other resources. The fiscal agency shall ensure compliance with all state and federal accounting and auditing requirements, including oversight of confidential funds. XI. Data and Public Information Releases Data gathered, collected, stored and used by the Drug and Gang Task Force shall be subject to the Minnesota Government Data Practices Act and Rules issued pursuant thereto. The receiving agency having venue over the offense for prosecution purposes shall control and be soley responsible for public information releases, including arrest 4(c):7 data. XII. Liability and Indemnification The Task Force agrees to defend and indemnify its members for any liability claims arising from Task Force activities or operations, and decisions of the Board. Nothing in this Agreement shall constitute a waiver of the statutory limits on liability set forth in Minnesota Statutes Chapter 466 or a waiver of any available immunities or defenses. To the fullest extent permitted by law, action by the parties to this Agreement are Intended to be and shall be construed as a "cooperative activity" and it is the intent of the parties that they shall be deemed a "single governmental unit' for the purposes of liability, as set forth in Minnesota Statutes, Section 471.59, subd. 1 a(a), provided further that for purposes of that statute, each party to this Agreement expressly declines responsibility for the acts or omissions of another party. The parties to this Agreement are not liable for the acts or omissions of another party to this Agreement except to the extent they have agreed in writing to be responsible for the acts or omissions of the other parties. Nothing herein shall be construed to provide insurance coverage or indemnification to an officer, employee, or volunteer of any member for any act or omission for which the officer, employee, or volunteer is guilty of malfeasance in office, willful neglect of duty, or bad faith. Any excess or uninsured liability shall be borne equally by all the members, but this does not include the liability of any individual officer, employee, or volunteer which arises from his or her own malfeasance, willful neglect of duty, or bad faith. 4(c):8 Each member shall be responsible for injuries to or death of its own personnel. Each member will maintain workers' compensation insurance or self- insurance coverage, covering its own personnel while they are assigned to the Task Force or are otherwise participating in or assisting with Task Force operations or activities. Each member waives the right to, and agrees that it will not ,bring any claim or suit against the Task Force or any other member for any workers' compensation benefits paid to its own employee or dependents, that arise out of participation in or assistance with Task Force operations or activities, even if the injuries were caused wholly or partially by the negligence of any other member or its officers, employees, or volunteers. Each member shall be responsible for damages to or loss of its own equipment. Each member waives the right to, and agrees that it will not, bring any claim or suit against the Task Force, or any other member, for damages to or loss of its equipment arising out of participation in or assistance with Task Force operations or activities, even if the damages or losses were caused wholly or partially by the negligence of any other members or its officers, employees, or volunteers. All insurance policies and certificates required under this Agreement shall be open to inspection by any member and copies of the policies or certificates shall be submitted to a member upon written request. XIII. Duration The duration of this Agreement shall continue until terminated as hereinafter provided. XIV. Withdrawal and Termination Any member party of the Drug and Gang Task Force may withdraw from this 4(c):9 Agreement upon sixty (60) days written notice to all other member parties. Upon any individual member =s withdrawal, the balance of this entire Agreement remains in full force and effect. Alternatively, this entire Agreement may be terminated at any time by the written agreement of a majority of the Board members. XV. Distribution of Property on Termination or Withdrawal A. Termination. Upon complete termination of this Agreement by all parties and after the purpose of the Agreement has been completed, any property acquired by the Board as a result of the joint exercise of powers hereunder and any surplus monies shall be returned to the parties in proportion to contributions of the parties. Liabilities shall be shared equally among the parties. B. Withdrawal. In the event of withdrawal from this Agreement by one or more parties, if two or more of the remaining parties continue this Agreement, the remaining parties may either distribute the MCIU property contributed by the withdrawing party to the withdrawing party or buy out the withdrawing party =s interest therein by purchasing the withdrawing party =s proportionate share of the actual cash value of the property measured at the time of withdrawal of the party. Surplus monies or surplus cash shall be retained by the remaining parties to this Agreement. THIS AGREEMENT, AS AMENDED, APPROVED AND ADOPTED by the member parties as follows: For the County of Stearns this day of .2011. Chair, Steams County Board ATTEST: County Auditor For the County of Benton this day of .2011. 4(c):10 Chair, Benton County Board ATTEST: County Auditor For the County of Morrison this day of , 2011. Chair, Morrison County Board ATTEST: County Auditor For the County of Todd this day of .2011. Chair, Todd County Board ATTEST: County Auditor For the City of Little Falls this Mayor of Little Falls ATTEST: City Clerk day of .2011. For the City of Waite Park this day of .2011. Mayor of Waite Park ATTEST: City Clerk For the City of St. Joseph this day of . 2011. Mayor of St. Joseph ATTEST: City Clerk For the City of Sartell this day of .2011. Mayor of Sartell ATTEST: City Clerk For the City of Sauk Rapids on this day of 2011. Mayor of Sauk Rapids ATTEST: City Clerk THIS PAGE INTENTIONALLY LEFT BLANK