HomeMy WebLinkAbout20091207 - VI-22HASTINGS
POLICE DEPARTMENT
MEMO
TO: Mayor Pau[ Hicks
Hastings City Council Members
PROM: Chief Mike McMenamy
DATE: December 3, 2009
SUBJECT: Consent Agenda Item -JPA Dakota County Drug Task Force
Attached please find the joint powers agreement (JPA) for the City of Hastings'
participation and partnership with the other Dakota County law enforcement agencies in
working together in the Dakota County Drug Task Force. If you recall we currently have
one officer assigned to full time duty with the Dakota County Drug Task Farce, which we
began in September 2008. This joint powers agreement is the same as previous years and
has been reviewed by various city attorneys and attorneys representing the League of
Minnesota Cities who would insure all jurisdictions belonging to the Dakota County Drug
Task Force.
If you have any questions concerning this please do not hesitate to contact me. Thank
yOU.
DAKOTA COUNTY DRUG TASK FORCE
JOINT POWERS AGREEMENT
DRAFT 1~1- {0 Formatted: Right
~' Deleted; 1
The parties to this Agreement are units of government responsible for the enforcement of
controlled substance laws in their respective jurisdictions. This Agreement is made pursuant to the
authority conferred upon fhe parties by Minnesota Statutes §471.59.
NOW THEREFORE, the undersigned governmental units, in the joint and mutual exercise of
their powers, agree as follows:
1. Name. The parties hereby establish the Dakofa County Drug Task Force ("Task Force"}.
2. General Purpose. The purpose of this Agreement is to establish an organization to coordinake
efforts to investigate illegal drug activity and assist in the prosecution of drug offenders.
3. Members. The members of Phis Agreement shall consist of the following units of
government:
City of Apple Valley
City of Burnsville
City of Eagan
City of Farmington
City of Hastings
City of Inver Grove Heights
City of Lakeville
4. Administrative Board.
City of Mendota Heights
City of Rosemount
City of Savage
City of South St. Paui
City of West St. Paul
Dakota County
4.1 Creation and Composition. Ajoint powers board, known as fhe Drug Task Force Administrative
Board "Board" , is established for the purposes contained herein with the powors and duties set forth in
this Agreement. The Board shall consist of one member from each of the member units of government,
appointed by their respective police chief or sheriff, plus one momber appointed by the Dakota County
Attorney. Board mambors appointed by police chiefs and the sheriff must be full-time supervisory
peace officers of fheir jurisdiction or office. Board members shall not 6e deemed amployees of the
Task Force and shall not be compensated by it.
42 Term. Board members shall serve at the pleasure of their respective police chief, sheriff or
county attorney, or fheir legal successor. In the evant that any Board member shall be removed by the
appointing agency, the vacancy shall be filled by the appropriate appointing agency.
4.3 Officers. In January of each year, the Board shall elect from its members achair, avice-chair, a
secretarylfreasurer, and such other officers as it deems necessary to conduct its meetings and affairs.
Officers shall serve for a term of one (1) year or until the officer ceases to be a board momber,
whichever is shorter.
4.4 Meetings. The Board shall have regular and special meetings of such times and places as the
Board shall determine. Special meetings may be held on three (3) days' notice by the chair or any two
(2) board members, except that a special meeting to considar adoption of or amendments to the
Board's operating rules pursuant to paragraph 6.1 shall require ten (10) days' notice. The presence of
lwo-thirds (213) of the board members at a meeting shall constitute a quorum.
4.5 Voting. Each Board member shall be entitled to one vote. Proxy voting is not permitted. The
Board shall function by a majority vote of the board members present.
DAFT
DAKOTA COUNTY DRUG TASK FORCE 1 2410-15 JOINT POWERS AGi2E=1rMENT
DAKOTA COUNTY DRUG TASK FORCE
JO1NT POWERS AGREEMENT
.7 The Board shall,maintatn liabilit coverage wrth the Leagu _
' „__-___y _. _ - . '_ e of Minnesota Cities [nsurance Trust -_. peieted: obtain
(LMC1T) with a limi# of at leasf $2.000,000 per occurrence under standard LMCIT liability coverage
fOnlls. - ..- Deleted: insurance to indemnify the
- ------------- -- - ...-------- .._..... --..--...--- --- ---- eoardanditsmembersforactiensof
6.8 The Board ma hold such ro ert as ma be re wired fo accom lish the ur oses of this thg 8oardandth9membersofthis
y p p y y q P p p A reement adsin out of this
Agreement and upon termination of this Agreement make distribution of such property as provided for Agreement.
in this Agreement.
6.9 The Board may create a policies and procedures manual for use by the Task Force If any
olic or racedure therein conflicts with a members alit ar rocedure the member's olic or
procedure steal! apply to any agent assigned by the rnembor to the Task Force pursuant to Section t3
hereunder.
6"10 _ Tho Board may rocommend changes in fhis Agreement to its members. -, .- Oersted: s
Z Budgeting and Funding.
7.1 The members intond to fund the cost of operation of the Task Force from grant funds and
matching funds from member cities and Dakota County, from the proceeds of forfeiture actions, and
from restitution. [t is the members' intention that matching funds shaft fund the continued cost of
maintaining the replacement officers for the full-time officer assigned by some members to the Task
Force.
7.2 The Board shall adapt a budget based upon grant funds, member matching funds and money
made available from other sources. The Board may amend the budget from time fo time.
7.3 The Board may contract with any of its members to provide budgeting and accounting services
necessary or conveniont far the Board. Such services shall include, but not be limited to: management
of all funds, including member contributions and grant monies; ferfeiture proceeds; payment far
contracted services; and relevant bookkeeping and recordkeeping. No payment on any invoice for
services performed by any person providing services in connection with this Agreement shall be
authorized unless approved by the Board chair, vice-chair or secretaryltreasurer.
7.~4 The members agree to contribute their grant funds and required matching funds to operate the
Task Force.
7.5 All funds shall be accounted for according to generally accopted accounting principles. The
~Secretary~reasurer_shall make_a_monthlyfinancial report_of_all_expenditures and receipts, and_current ._-_-- oereted:s
fund balances to the Board. - Oersted: r
7.6 The Board may not incur debt. Oersted: S
7.7 The Board's obligation to reimburse members for any expense, furnish equipment and rho like is
contingent upon the receipt of grant funds for that purpose. If insufficient grant funds are received, the
Board may reduce the level of reimbursement andlor reduce other expenditures.
S. Agents.
8.1 Each member shall inform the Board in December of each year the allocated numbor of
experienced, full-time licensed peace officer(s) to serve as Agents for the Task Force for the
DAKOTA COUNTY DRUG TASK FORCE 3 2010-15 JOINT POWERS AGREEMENT
DAKOTA COUNTY DRUG TASK FDRCE
JOINT POWERS AGREEMENT
9.3 Tho Task Force Commander may exclude Agents from fiurther Task Force involvement subject
to review by the Board. The member agency that assigned the Agent to the Task Force wi[I be
immediately notified of the Task Force Commander's actions.
9.4 From the Agents assigned by members, a Team Leader(s) may be appointed by the Board, with
the concurrence of the Agent's member agency, and serve at the Board's pleasure. The Team
Leader(s) must be a full-time, licensed peace officer of a member and shall be paid a supervisor's
salary by that member agency only during that time fhat the Task Force Commander is absent. The
Team Leader(s) shall remain an employee of fhe member city or county at all times.
9.5 Tho duties, responsibilities and authority of the Team Leader(s), while the Task Force
Commander is absent, shall be the same as the Task Forco Commander as described in paragraph 9.2
herein. If there is more than one Team Leader, the Task Force Commander will assign one Team
Leader to ack as Task Force Commander while the Task Force Commander is absent.
10. Forfeiture, Seizures and Fines. Items that are seized pursuant to this Agreement shall be
used to support Task Force efforts. The use and disbursement of those items must be approved by fhe
Board. In the case of federal forfeiture actions, established federal rules shall be followed. The Board
may divide aEl remaining forfeited items among Task Force members in proportion to the then-assigned
Full Time Equivalent contributions of each member of this Agreement as set forth in paragraph 8.1
herein. Fine and restitution monies ordered paid to the Task Forco by court order sha[I be used to
offset equipment or operating costs of fhe Task Force not funded by grant or matching funds.
11. Indemnification and Hold Harmless,,The Board shall purchase general liability insurance for ;'
activities of the Task Force. Such insurance shalt name each member as an additional insured. B
purchasing insurance, the members do not intend to waive, and the Agreement shall not be interpreted
to constitute a waiver of, by anv member, limitations on liability or immunities provided by anv
applicable Minnesota law, including Minn. 5tat. Chs. 456 and 471. The cast of_t_he general liability
insurance shall be paid from funds provided pursuant to paragraph 7 hereunder.
The members of this Agreement are not liable for the acts or omissions of the other members of this
Agreement except to the extent to which they have agreed in writing to be responsible for acts or
omissions of the other members.
12. Effective Date. This Agreement shall take full effect on January 1,_2010_All m_embe_rs need not
sign the same copy. The signed Agreement shall be filed with the Board's designated fiscal agent, who
shalt notify all members in writing of its effective date.
13. Termination and Withdrawal. ~':
-- - - .
13.1 Termination Date. This Agreement shall ferminate upon the occurrence of any one of the ',
following events, whichever occurs first:
• When necessitated by operation of law or as a result of a decision by a court of competent
jtlrlsdlCtion; Or
• When a majority of members agree by resolution to ferminate the agreement upon a date
certain; or
OnADecember39_, 2015.____ _
Deleted: ¶
~ ~
{a} .Applicability. The Dakota ~
county Drug Task Force shall be
considered a separate and distinct
public entity to which the members
have transferred all responsibility and
control for actions taken pursuant to
this Agreement. The Dakota County
Drug Task Force shall comply wish all
laws and rules that govern a public
entity in the State of Minnesota and
shall be entitled to the protections of
Minn. Stat. Ch. 466.¶
4
{b). Indemnification and Hold
Harmless. The Dakota County Drug
Task Force shall fully defend,
indemnify and hold harmless the
members against aSl claims, losses,
liability, suits, judgments, costs and
expenses by reason of the action or
inaction of the Drug Task Force
Administrative Board andlor the
agents of the Dakota County Drug
Task Farce. This Agreement to
indemnify and hold harmless does not
constitute a waiver by any member of
limitations on liability provida8 under
Minn. Stat. § 46fi.04.¶
To the full extent permitted by law,
actions by She parties pursuant io this
Agreement are intended to be and
shall be construed as a "ceoperative
activity" and it is the intent ofthe
members that they shall be deemed a
"single governmontaf unit' for the
purpose of liability, as set forth to
Minn. Stai. § 471.59, subd. 1a{a),
provided further that far purposes of
that statute, each member of this
Agreement expressly declines
responsibility for the acts or
omissions or the other members.q
Formatted. No underline
Deletes: ~
Formatted: No underline
DAKOTA COUNTY DRUG TASK FORCE 5 2010-15 JOINT POWERS AGREFMFNT
DAKOTA COUNTY DRUG TA5K FORCE
JOINT POWERS AGREEMENT
Date of Signature
Approved by the City Council CITY OF BEJRNSVILLE
Date By
Date of Signature
Attest
Date of Signature
Approved by the City Council CITY OF EAGAN
Date By
Date of Signature
Attest
Date of Signature
Approved by the City Council CITY OF FARMINGTON
Date By
Date of Signature
Attest
Date of Signature
Approved by the City Council CITY OF' HASTINGS
Date By
Date of Signature
Attest
Date of Signature
Approved by the City Council CITY OF INVER GROVE HEIGHTS
Date By
Date of Signature
Attest
Dafe of Signature
Approved by the City Council GITYOF LAKEVILLE
Date By
Date of Signature
DAKOTA COUNTY DRUG TASK FORCE 7 2010-15 JOINT POWERS AGREEMENT
DAKOTA COUNTY DRUG TASK FORCE
Dakota County Attorney's Office
Dakota County Judicial Center
15fi0 Highway 55
Hastings, MN 55033
651-438-4438
JOINT POWERS AGREEMENT
Approved as to Form (Asst County Atfy};
By
Date of Signature
}c1091k09-3Q8 dcdtF jpa 12-1-09-tracked changes
Deleted: ¶
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38051Drug Task Force
JPA1DccumentslDakpta Ccunty Drug
Task Force Jofnt Powars
Agreement.doc 2009 i1 25
DAKOTA COUNTY DRUG TASK FORCE 9 2090-'[5 JOINT POWERS AGREEMENT