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HomeMy WebLinkAbout[04f] Joint Powers Agreement Council Agenda Item 4f MEETING DATE: April 3, 2017 AGENDA ITEM: Amend JPA – Requested Action: Authorize the Mayor and Administrator to execute the amended JPA regarding the Central MN Violent Offenders Task Force. SUBMITTED BY: Administration BOARD/COMMISSION/COMMITTEE RECOMMENDATION: PREVIOUS COUNCIL ACTION: The original JPA was executed in 2009 and amended in 2012 and 2016. BACKGROUND INFORMATION: The City of St. Joseph is part of the Central MN Violent Offenders Task Force along with the Cities of Little Falls, St. Cloud Sartell, Sauk Rapids and Waite Park. The logistics of the Task Force are managed through a Joint Powers Board. From time to time the documents need to be updated. At this time partnering Cities are being asked to authorize execution of an updated JPA. For your convenience items added are in bold and deleted items have a line through them. Some of the changes include:  The task force is governed by the Board of Directors and the existing document refers to Executive Director and the new JPA refers to Board Chair and that chair is elected from the Board.  Fiscal agent is elected by the Board, original JPA had Stearns County Sheriffs Office as agent.  Contribution of officers is re-defined  Location of the team is not required in St. Cloud  Removal of item VI – Jurisdictional Authority of Task Force Officers, removes Stearns County as authority BUDGET/FISCAL IMPACT: ATTACHMENTS: Request for Council Action Amended JPA REQUESTED COUNCIL ACTION: Authorize the Mayor and Administrator to execute the amended JPA regarding the Central MN Violent Offenders Task Force. JOINT POWERS AGREEMENT TO FORM THE CENTRAL MINNESOTA VIOLENT OFFENDER TASK FORCE WHEREAS, Minn. Stat. §387.03 requires that the sheriff of each county shall keep and preserve the peace of the county and perform all of the duties pertaining to the office; 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 and Sherburne Counties, and the city council of the cities of Sartell, Sauk Rapids, Waite Park, St. Joseph, St. Cloud and Little Falls, hereinafter called the parties or member parties, as follows: I. Purpose The Central Minnesota Violent Offender Task Force (hereinafter “Task Force”) is formed to investigate, identify and disrupt illegal drug and gang activity within the cities of Little Falls, St. Cloud, Sartell, Sauk Rapids, Waite Park and St. Joseph and counties of 1 VOTF AGREEMENT 11/16 Benton, Todd, Stearns, Sherburne and Morrison. The participating agencies promote cooperative law enforcement through multi-jurisdictional investigations in Central Minnesota. The 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, also known as the Major Crimes Investigation Unit (MCIU). Business of the MCIU is conducted as the Central MN Violent Offender Task Force. The Board meets bi-monthly and reviews the activities of the Task Force. The By-Laws and 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 Task Force accounts shall be annually 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 Violent Offender Task Force. III. Task Force Board There is hereby created and established a board of directors (MCIU) which shall have supervision over the activities of the Task Force. The Central MN Violent Offender Task Force will operate under the jurisdiction, control and direction of the MCIU. The members of the board shall be the sheriff of each member county, a county attorney from a member party as the legal advisor to the Task Force, the chief of police for the Little Falls Police Department, the chief of police for City of St. Cloud and one representative from among the chiefs of police of Sartell, Sauk Rapids, Waite Park 2 VOTF AGREEMENT 11/16 and St. Joseph, who shall be selected annually by a majority vote of the chiefs of police. The Board may have as ex-officio members the following: the Sherburne County Attorney, a Sherburne County Commissioner, the St. Cloud City Attorney, a member of the St. Cloud City Council and other law enforcement representatives as the Board deems appropriate. . The Board shall elect a chair which shall be the Executive Director Board 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 Executive Director Board Chair shall be responsible for the conducting of the business meetings, documenting meeting minutes and maintaining frequent communication with the members of the Board and the Task Force Commander. The Executive Director Board Chair, at each of the business meetings, shall review operational activities and expenditures and discuss relevant issues to the Task Force. The Chain of Command shall be: The governing Board, the Executive Director Board Chair, the Task Force Commander, the Team Leader and the investigators. The Board shall adopt such bylaws and operating rules as it deems necessary. The Board shall establish the mission and the goals of the Task Force and shall monitor the progress toward the Task Force goals. The Board shall be responsible for the records management system, the statistical records and all financial reports. All Task Force policies and procedures shall be adopted by the Board as well as any amendments thereto. All actions of the Board shall be consistent with this Joint Powers Agreement, By- Laws and Task Force Policies and Guidelines. The Task Force operations shall adhere to 3 VOTF AGREEMENT 11/16 the Gang/Drug Oversight Council Guidelines as minimum professional 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 initial A fiscal agent shall be the Stearns County Sheriff’s Office elected annually by the Board. The Board may designate a subsequent fiscal agent upon motion and approval of the majority vote of the Board and consent of the entity being asked to be fiscal agent. 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 "stacking" 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 Task Force. The chiefs of police of Sauk Rapids, Sartell, Waite Park, and St. Joseph shall jointly 4 VOTF AGREEMENT 11/16 appoint one officer to the task force. The licensed police officers from Sauk Rapids, Sartell, Waite Park, St. Joseph, Benton County and Stearns County shall form a unit within the Task Force to focus on issues that lie within the entire jurisdictional area of the Task Force and shall focus on felony-level criminal activity. Within this team, a leader shall be appointed for the team by The Board. The St. Cloud Police Department shall designate at least one licensed officer to the Task Force and one ranking police officer from the department to be the team leader for the efforts directed at felony-level criminal activity within the City of St. Cloud. The team leader shall be appointed by the Board. The Sherburne County Sheriff’s Office shall designate at least one licensed police officer to work as part of the team focused on activity within the City of St. Cloud. The two teams shall work cooperatively together and shall be accountable to a Commander. Voting member agencies will contribute one or more officers to the Task Force. Any change or addition of officers will be voted on by the board. This The Commander shall be a licensed police officer appointed by the Board. The Commander, pursuant to the Operating Procedures and Guidelines Manual as adopted by the Gang/Drug Oversight Council, shall be a full-time Task Force Commander with the operational direction of the Teams Unit (See, 1-01 Organizational Structure). Two Team Leaders shall be appointed by the board to assist the Commander with daily operations. The team shall be located at the St. Cloud Police Department. 5 VOTF AGREEMENT 11/16 Employees who are on detail shall be entitled to the same salary and benefits to 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 Task Force is deemed to advance the interests of the sending agency. Therefore, participation of a sending agency's officer in the 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. VI. Task Force Officers Task Force Officers assigned to the Drug and Gang Task Force shall be under the command of the Team Leaders and the Task Force Commander. Task Force officers shall prepare and submit their investigation reports to the Task Force Team Leader. VII. Contributions Each participating agency agrees to provide all resources as agreed in the annual grant application proposal. These resources include funding, personnel and/or equipment as necessary to meet the annual grant proposal requirements. Each member shall agree in 6 VOTF AGREEMENT 11/16 advance to the number of personnel, the funding and the equipment to be assigned to the Task Force prior to the submittal of the grant. Each participating agency may make financial contributions to be administered by the Task Force. The amount of contribution shall be determined by the Board and shall be reviewed annually. VIII. Coordinating Agency The Board shall designate a Task Force Commander who will be responsible for supervising the day-to-day operations of the Task Force, including supervision of staff, intelligence sharing, management of confidential funds and coordination with other agencies. The Commander, in conjunction with the members of the Board shall be responsible for development of any recommended changes to the Task Force Policies and Guidelines and shall ensure Task Force compliance with all current policies and guidelines. The Commander shall present to the Board proposed budgets and grant applications for approval. The Commander shall assess each investigator’s training needs and ensure that the investigators comply with the guidelines adopted by the Drug and Gang Oversight Committee. IX. Fiscal Agency The Board shall designate a fiscal agent to serve as treasurer of the Board. The fiscal agency shall be responsible for proper fiscal management of the 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. Any forfeited property and proceeds that stem from the Task Force shall be accounted for in writing, identifying each case and location of the property. The Task Force shall adhere to the guidelines of the agency retaining the property and compliance shall be 7 VOTF AGREEMENT 11/16 subject to random audit. Further, any law enforcement proceeds of any forfeiture shall return to the Task Force as the law enforcement agency of record. The proceeds of any forfeiture for the prosecutor shall be returned to the prosecution agency that handled the prosecution and forfeiture cases. X. Data and Public Information Releases Data gathered, collected, stored and used by the 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 responsible for public information releases, including arrest data. XI. Liability and Indemnification The Task Force MCIU now known as the Central MN Violent Offender 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. 1a(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. The Task Force Board shall maintain an agreement with the Minnesota Counties Intergovernmental Trust to 8 VOTF AGREEMENT 11/16 provide insurance provide insurance coverage for the Task Force, the Task Force Board of Directors and the officers assigned to the Task Force. 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. 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. 9 VOTF AGREEMENT 11/16 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. XII. Duration The duration of this Agreement shall continue until terminated as hereinafter provided. This Agreement overrides and replaces any previous MCIU Joint Powers Agreements. XIII. Withdrawal and Termination Any member party of the Task Force may withdraw from this Agreement upon sixty (60) days written notice to all other member parties and upon the completion of their responsibility to the grant agreement. 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. XIV. 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 after satisfaction of any liabilities or responsibilities of the joint powers board has been satisfied. Liabilities shall be shared equally among the parties. 10 VOTF AGREEMENT 11/16 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 buyout 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. Any agency joining the Task Force after the formation of the Central MN Violent Offender Task Force are eligible for distribution or property accrued after the date of inclusion. XV. Amendment of the Joint Powers Agreement This Agreement may be amended by agreement of all parties to the same and upon approval of the sending agencies city council or county board. THIS AGREEMENT, AS AMENDED, APPROVED AND ADOPTED by the member parties as follows: Dated: _______________ CITY OF LITTLE FALLS By: _______________________________ Its___________________________ Dated:_______________ CITY OF ST. CLOUD By:_______________________________ Its __________________________ Dated: _______________ CITY OF ST. JOSEPH By: _______________________________ 11 VOTF AGREEMENT 11/16 Its___________________________ Dated: _______________ CITY OF SARTELL By: _______________________________ Its___________________________ Dated:______________ CITY OF SAUK RAPIDS By: _______________________________ Its___________________________ Dated:_______________ CITY OF WAITE PARK By: _______________________________ Its___________________________ Dated:_______________ COUNTY OF BENTON By: _______________________________ Its___________________________ Dated: _______________ COUNTY OF MORRISON By: _______________________________ Its___________________________ Dated: _______________ COUNTY OF SHERBURNE By: _______________________________ Its___________________________ Dated: _______________ COUNTY OF STEARNS By: _______________________________ Its___________________________ Dated: _______________ COUNTY OF TODD 12 VOTF AGREEMENT 11/16 By: _______________________________ Its___________________________ 13 VOTF AGREEMENT 11/16