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HomeMy WebLinkAbout6.q. Joint Powers Agreement for Dakota County Electronic Crimes Task Force � ROSEMOL�NT EXECUTIVE SUMMARY CITY COUNCIL City Council Meeting: December 16, 2014 AGENDA ITEM: Joint Powers Agreement for Dakota AGENDA SECTION: County Electronic Crimes Task Force Consent PREPARED BY: Mitchell Scott, Chief of Police AGENDA NO. 6 � . ATTACHMENTS: Joint Powers Agreement APPROVED BY: �� . RECOMMENDED ACTION: Motion to approve a resolution authorizing execution of a Joint Powers Agreement for Dakota County Electronic Crimes Task Force. ISSUE The Dakota CountySheriff's Office has advised local municipalities due software and personal costs that they are no longer able to fund their current computer forensic program. BACKGROUND For the last several years the Dakota County Sheriff's Office has assisted local law enforcement agencies with processing computers and cell phones for forensic evidence. The Sheriff's Office has advised due to the increased costs,they are no longer able to provide this service on their own. The Sheriff's Office, partnered with the Chief L.aw Enforcement Officers in Dakota County, has agreed that electronic forensics is e�remely important to the future of law enforcement. Through discussion,the local law enforcement administrators recognize the need for a forensic program and believe a joint task force would provide the assistance to Dakota County law enforcement agencies. This program will begin January 2015 and operate for a pilot period of three years to ensure the task force is beneficial to Dakota County law enforcement agencies. The Joint Powers Agreement has been reviewed and approved by City Attorney Tietjen. RECOMMENDATION Staff recommends the approval of the attached resolution authorizing the execution of the Joint Powers Agreement for Dakota County Electronic Criines Task Force. Page 1 DAKOTA COUNTY ELECTRONIC CRIMES TASK FORCE JOINT POWERS AGREEMENT The parties to this Agreement are units of government responsible for the enforcement of criminal laws in their respective jurisdictions. This Agreement is made pursuant to the authority conferred upon the 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 Dakota County Electronic Crimes Task Force (“Task Force”). 2 . General Purpose. The purpose of this Agreement is to establish an organization to coordinate efforts to investigate illegal activities related to the use of electronic devices, the Internet, and materials transmitted or use d in electronic form and the prosecution of those conducting such illegal activities. 3. Parties. The parties to this Agreement are the following units of government: City of Apple Valley City of Mendota Heights City of Burnsville City of Ros emount City of Farmington City of South St. Paul City of Hastings City of West St. Paul City of Inver Grove Heights Dakota County 4. Administrative Board. 4.1 Creation and Composition . A joint powers board, known as the Electronic Crimes Task Force Administrative Board (“Board”), is established for the purposes contained herein with the powers and duties set forth in this Agreement. The Board shall consist of one member from each of the law enforcement units of government that participat es in the Task Force, appointed by their respective police chief or sheriff. Board members appointed by police chiefs and the sheriff must be full -time supervisory peace officers of their jurisdiction or office. The police chief or sheriff may appoint an alternative member to attend Board meetings if the appointed member is unavailable. Alternates must be full -time supervisory peace officers from their jurisdiction or office. Board members shall not be deemed employees of the Task Force and shall not be compensated by it. At the discretion of the Dakota County Attorneys, the Dakota County Attorney’s Office shall serve the Board in an advisory capacity. The fiscal agent shall maintain a roster of current Board members and appointed alternates. 4.2 Term . Board members and alternates shall serve at the pleasure of their respective police chief or sheriff. In the event that any Board member shall be removed by the appointing agency, the vacancy shall be filled by the appropriate appointing agency. 4 .3 Officers . At its initial meeting after execution of this Agreement by all parties, the Board shall elect from its members (but not alternates) a chair, a vice -chair and a secretary/treasurer. The officers shall serve in their respective positions unt il the Board meets in January 2016, when Board members shall again elect from its members a chair, a vice -chair, a secretary/treasurer, and such other officers as it deems necessary to conduct its meetings and affairs. In January of each subsequent year t he Board shall meet and elect from its members a chair, a vice -chair, a secretary/treasurer, 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 member, whichever is shorter. Page 2 4.4 Meetings . Except as provided in Paragraph 4.3, the Board shall meet in January of each year and shall have other regular and special meetings at such times and places as the Board shall determine. Special me etings may be held on three (3) days' notice by the chair or any two (2) board members, except that a special meeting to consider adoption of or amendments to the Board's operating rules pursuant to paragraph 6.1 shall require ten (10) days' notice. The p resence of two - thirds (2/3) of the Board members at a meeting shall constitute a quorum. 4.5 Voting . Each Board member shall be entitled to one vote. If a Board member is unable to attend a meeting, the duly appointed alternative may attend and vote. Proxy voting is not permitted. The Board shall function by a majority vote of the board members, or alternates, present. 5. Duties of the Administrative Board . 5.1 The Board shall formulate a program to carry out its purpose. 5.2 The Board shall coo rdinate intelligence between the members and the Task Force. 5.3 The Board shall have prepared an independent audit of the books and accounts of the Task Force and shall provide an audit report to its members if any member requests a financial audit of t he Task Force. 5.4 The Sheriff’s Office shall provide annually a year -end review/expenditure report of the Task Force’s activities. 5.5 The Board shall establish performance and quality control measures and periodically monitor those measures, to include Task Force investigatory practices and policies. 6. Powers of the Administrative Board. 6.1 The Board may adopt and amend such bylaws that it may deem necessary or desirable for the conduct of the business of the Board. Such bylaws shall be consisten t with the terms of this Agreement and any applicable laws or regulations. 6.2 The Board may enter into any contract necessary or proper for the exercise of its powers or the fulfillment of its duties and enforce such contracts to the extent available in equity or at law. The Board may authorize the chair of the Board to enter into and execute those contracts. 6.3 The Board may disburse funds in a manner which is consistent with this Agreement and with the method provided by law for the disbursement of funds by the parties to this Agreement. 6.4 The Board may apply for and accept gifts, grants or loans of money or other property or assistance from - the United States Government, the State of Minnesota, or any person, association or agency for any of its purposes; enter into any agreement in connection therewith; and hold, use and dispose of such money, property or assistance in accordance with the terms of the gift, grant or loan relating thereto. 6.5 The Board may cooperate with other federal, stat e and local law enforcement agencies to accomplish the purpose for which it is organized. 6.6 The Board shall maintain liability coverage with the League of Minnesota Cities Insurance Trust (LMCIT) with a limit of at least $1,500,000 per occurrence, unde r standard LMCIT liability coverage forms. Page 3 6.7 Technology equipment required to investigate crimes and analyze evidence seized by Agents of the Task Force shall be contributed and owned by Dakota County. The Board may hold such other property as may be required to accomplish the purposes of this Agreement and upon termination of this Agreement make distribution of such property as provided for in this Agreement. 6.8 The Board may create a policies and procedures manual for use by the Task Force. If a p olicy or procedure adopted by the Board conflicts with a policy or procedure of a member, that member’s policy or procedure shall apply to any agent assigned by that member to the Task Force. 6.9 The Board may recommend changes in this Agreement to its m embers. 7. Budgeting and Funding. 7.1 7.1 The members intend to fund the cost of operating the Task Force through member contributions of funds and staff and by obtaining grant funds and restitution, if available. For 2015, the cities of Hastings, Far mington, Mendota Heights, Rosemount, South St. Paul and West St. Paul each will pay $15,000 to the Task Force fiscal agent to be deposited in the Task Force account. For 2015 each of the cities of Burnsville and Apple Valley will contribute the services of one full -time licensed peace officer and the city of Inver Grove Heights will contribute the services of one half -time licensed peace officer. For subsequent years, these cities, as well as any new member cities, each will pay an amount or contribute staffing determined by the Board so that the adopted budget will be adequately funded, provided only that any member may object to a proposed payment as excessive relative to the adopted budget. If a member’s objection cannot be resolved, the Board may a dopt a revised budget to accommodate the member’s objection or an amendment to this Agreement approved by all members shall be approved and executed by each member’s governing body. Other members may contribute the services of licensed peace officers as e ach deems appropriate. 7.2 The Board shall adopt a budget based upon grant funds received, member financial contributions and money made available from other sources. The Board may amend the budget as needed to reflect revenue and expenditure changes. 7 .3 Dakota County shall serve as the fiscal agent of the Task Force and shall account for all funds received pursuant to this Agreement according to generally accepted accounting principles. The fiscal agent shall forward reports on Task Force receipts an d disbursements to the members on a regular basis . Fiscal agent responsibilities shall include, but not be limited to: management of all funds, including member contributions and grant monies, payment for contracted services and relevant bookkeeping and r ecordkeeping. 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 secretary/treasurer. 7.4 The members agree to contrib ute their financial contributions, grant funds and dedicated licensed peace officers required to operate the Task Force. 7.5 All funds shall be accounted for according to generally accepted accounting principles. The secretary/treasurer shall make a qua rterly financial report of all expenditures and receipts, and current fund balances to the Board. 7.6 The Board may not incur debt. 7.7 The Board’s obligation to reimburse members for any expense, furnish equipment and the like is contingent upon the re ceipt of grant funds for that purpose. If insufficient grant funds are received, the Board may reduce the level of reimbursement and/or reduce other expenditures. 8. Agents. Page 4 8.1 Each member shall inform the Board in December of each year of the identity of the licensed peace officers to serve as Agents for the Task Force for the following calendar year. The chief law enforcement officer shall have the responsibility for determining the identity of their agency’s assigned officer(s). The number of licensed peace officer(s) per member allowed to serve as Agents for the Task Force must be approved in advance by the Board. 8.2 Agents are not employees of the Task Force. Agents shall remain employees of the member that has assigned them to the Tas k Force and shall be compensated by that member. Each party to this Agreement shall be responsible for injuries to or death of its own personnel. Each party to this Agreement waives its right to sue any other party for any workers' compensation benefits paid to its own employee or their dependents, even if the injury is caused wholly or partially by the negligence of any other party, or its officers, employees or agents. 8.3 The member appointing the Agent shall furnish the Agent with all standard depar tment issued equipment necessary to perform all functions of the Agent. Agents’ computers must meet Dakota County standards. Each member shall be responsible for damages to or loss of its own equipment. Each member waives the right to sue any other memb er for any damages to or loss of its equipment, even if the damages or loss were caused wholly or partially by the negligence of any other member or its officers, employees or agents. 8.4 The members shall maintain the officer positions hired to replace the officer assigned to the Task Force, or maintain the Full Time Equivalent or Half Time Equivalent staffing assigned to the Task Force as described in Section 8.1. 9. Task Force Supervisory Oversight. The Dakota County Sheriff’s Office will provide su pervisory oversight of Task Force operations including case assignments, record keeping, intelligence management, management of all property seized, and the execution of stings, arrests, search warrants and similar operations performed by the Agents. 10. Indemnification and Hold Harmless. The Board shall purchase general liability insurance for activities of the Task Force as described in Section 6.7. Such insurance shall name each member as an additional insured. By purchasing insurance, the members do not intend to waive, and this Agreement shall not be interpreted to constitute a waiver by any member of limitations on liability or immunities provided by any applicable Minnesota law, including Minn. Stat. Chs. 466 and 471. The cost of the general liab ility insurance shall be paid from funds of the Task Force. 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. 11. Additional Parties. Any additional unit of government may become a party to this Agreement by adopting a resolution declaring its intention to do so and by entering into this Agreement, as it may be amended from tim e to time, provided that the parties have entered into an amendment pursuant to Paragraph 12 approving such additional member. Such amendment shall be substantially in form of Exhibit A, attached hereto and incorporated by reference. 12. Amendments. Any amendment to this Agreement must be in writing and executed by all of the parties. 13. Counterparts. This Agreement may be executed in two or more counterparts, each of which shall be deemed an original but all of which shall constitute one and the same instrument. All counterparts and amendments shall be filed with the fiscal agent. Page 5 14. Effective Date. This Agreement shall take full effect on January 1, 2015. Members may execute this Agreement in counterparts and need not sign the same original docu ment. The signed Agreement shall be filed with the Board’s designated fiscal agent, who shall notify all members in writing of its effective date. The fiscal agent shall also notify all parties of additional parties added pursuant to Paragraph 11 and par ties withdrawing pursuant to Paragraph 15.2. 15. Termination and Withdrawal.15.1 Termination Date . This Agreement shall terminate 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 jurisdiction; or  When a majority of members agree by resolution to terminate the agreement upon a date certain; or  On December 31, 2017, unless extended by agreement of all of the members. 15.2 Withdrawal . Without the necessity of approval from the parties’ governing bodies, any party may withdraw from this Agreement upon 60 days’ written notice to the Board. The Board shall notify the members pursuant to Section 16 of the receipt of a withdrawal notice. Withdrawal shall not act to discharge any liability incurred by the member prior to withdrawal. Such liability shall continue until discharged by law or agreement. In the event of withdrawal by any member, the agreement shall remain in full force and ef fect as to all remaining members. 15.3 Effect of Termination . With the exclusion of technology equipment contributed and owned by Dakota County as described in Section 6.8, upon termination of this Agreement all property of the Task Force shall be sold or distributed to the members in proportion to their respective financial and staff contributions to the Task Force since its inception. Parties who effectively withdraw from this Agreement will not be entitled to any return of their contributions. 16. Notice . Notice of withdrawal shall be provided by first class mail to the following and to any additional members added pursuant to Paragraph 11:Apple Valley Chief of Police Mendota Heights Chief of Police 7100 147th Street West 1101 Victoria Curve App le Valley, MN 55124 Mendota Heights, MN 55118 Burnsville Chief of Police Rosemount Chief of Police 100 Civic Center Parkway 2875 145 th Street West Burnsville, MN 55337 Rosemount, MN 55068 Farmington Chief of Police South St. Paul Chief of Po lice 19500 Municipal Drive 125 3 rd Avenue North Farmington, MN 55024 South St. Paul, MN 55075 Hastings Chief of Police West St. Paul Chief of Police 150 3rd Street East 1616 Humboldt Avenue Hastings, MN 55033 West St. Paul, MN 55118 Inver Grove Heights Chief of Police Dakota County Sheriff 8150 Barbara Avenue Law Enforcement Center Inver Grove Heights, MN 55077 1580 Highway 55 Hastings, MN 55033 Page 6 IN WITNESS WHEREOF , the undersigned governmental units, by action of their governing bodies, have caused this Agreement to be executed in accordance with the authority of Minnesota Statute § 471.59. Approved by the City Council CITY OF APPLE VALLEY Date: By: Date of Signature: Attest: Date of Signature: o:\civil \contract \2014 \ks14 -212 dakotactyelectroniccrimestaskforcejpa.kastrackchanges#2.docx Page 7 Approved by the City Council CITY OF BURNSVILLE Date: By: Date of Signature: Attest: Date of Signa ture: Page 8 Approved by the City Council CITY OF FARMINGTON Date: By: Date of Signature: Attest: Date of Signature: Page 9 Approved by the City Council CITY OF HASTINGS Date: By: Date of Signature: Attest: Date of Signature: Page 10 Approved by the City Council CITY OF INVER GROVE HEIGHTS Date: By: Date of Signature: Attest: Date of Signature: Page 11 Approved by the City Council CITY OF MENDOTA HEIGHTS Date: By: Date of Signature: Attest: Date of Signature: Page 12 Approved by the City Council CITY ROSEMOUNT Date: By: Date of Signature: Attest: Date of Signature: Page 13 Approved by the City Council CITY SOUTH ST. PAUL Date: By: Date of Signature: Attest: Date of Signature: Page 14 Approved by the City Council CITY WEST ST. PAUL Date: By: Date of Signature: Attest: Date of Signature: Page 15 COUNTY OF DAKOTA By: Approved by Dakota County Board Date of Signature: Resolution No.: Dakota County Attorney's Office Approved as to form: Dakota County Judicial Center 1560 Highway 55 Hastings, MN 55033 651 -438 -4438 By: Assistant County Attorney Date of Signature: Page 16 EXHIBIT A Amendment to Dakota County Electronic Crimes Task Force Joint Powers Agreement Whereas, on or about January 1, 2015, the County of Dakota and the cities of Apple Valley, Burnsville, Farmington, Hastings, Inver Grove Heights, Mendota Heights, Rosemount, South St. Paul and West St. Paul have entered into a joint powers agreement establishing the Dakota County Electronic Crimes Task Force (Agreement); and Whereas, the Parties desire to amend the Agreement to add the __________ of __________ as a party to the Agreement; and Wherea s, the __________ of __________, a governmental unit of the State of Minnesota, through its duly elected governing body has adopted a resolution approving the Agreement and authorizing its __________ to execute the same; and Whereas, the Agreement provid es that any amendments to the Agreement must be in writing and executed by all of the parties. Now, therefore, in consideration of the mutual promises contained herein, the parties agree as follows: 1. Paragraph 3 of the Agreement to include the __________ of __________ as a party to the Agreement. 2. All other terms of the Agreement shall remain in force and effect unless otherwise amended in accordance with the terms of the Agreement. In Witness Whereof, the parties have executed this Amendment to t he Agreement on the dates indicated below.