The URL can be used to link to this page

Home My WebLink About6.g. Joint Powers Agreement for Dakota County Attorney to process asset seizure for cases EXECUTIVE SUMMARY City Council Regular Meeting: August 1, 2016 AGENDA ITEM: Joint Powers Agreement for Dakota CountyAttorney to process asset AGENDA SECTION: seizure for cases involving the Consent Dakota County DrugTaskForceand Rosemount Police Department PREPARED BY: Mitchell Scott, Chief of Police AGENDA NO. 6.g. ATTACHMENTS: Joint Powers AgreementAPPROVED BY: ddj RECOMMENDED ACTION: Motion to approve the execution of a Joint Powers Agreement to authorize theDakota County Attorney to process asset seizures for cases involving the Dakota County Drug Task Force and the RosemountPolice Department. BACKGROUND The Rosemount Police Department has been a member of the Dakota County Drug Task Force (DTF) since 2001 and a member of its predecessor task force for several years prior to 2001. Rosemount has assigned a fulltime officer to the DTF. All law enforcement agencies within Dakota County and the City of Savage are members of the Task Force. During this time the officers seize assets from suspects who have been arrested for drug offenses. The Dakota County Attorney’s Office has handled the asset seizures in the past. SUMMARY The Dakota County Attorney has handled seizures without a Joint Powers Agreement and after reviewing their practice felt a Joint Powers Agreement would be needed for best practices. The Joint Powers Agreement has been reviewed and approved by City Attorney Tietjen. The duration of the Joint Powers Agreement will be effect from the date of the signature of the Parties and shall continue from year to year, unless terminated in accordance with the provisions herein. RECOMMEDATION Council approval of the JPA is respectfully requested to allow the Dakota County Attorney to continue to handle all asset seizures involving the Dakota County Task Force and the Rosemount Police Department. 1 JOINT POWERS AGREEMENT BETWEEN THE COUNTY OF DAKOTA AND THE CITY OF ROSEMOUNT FOR LEGAL SERVICES THIS JOINT POWERS AGREEMENT is made and entered into by and between the City of Rosemount, ( the County of Dakota, M a political subdivision of the State of Minnesota to provide legal services related to administrative asset forfeitures pursuant to Minn. Stat. § 609.5314. WHEREAS, Minn. Stat. § 471.59 authorizes governmental units in the State of Minnesota to enter into agreements by resolution with any other governmental unit to perform on behalf of that unit any service or function which that unit would be authorized to provide for itself, and WHEREAS, the Dakota County Drug Task Force was created through a Joint Powers Agreement entered into by the cities of Apple Valley, Burnsville, Eagan, Farmington, Hastings, Inver Grove Heights, Lakeville, Mendota Heights, Rosemount, Savage, South Saint Paul, West Saint Paul and the County of Dakota for the purpose of establishing an organization to coordinate efforts to investigate illegal drug activity and assist in the prosecution of drug offenders and to pursue civil asset forfeiture as provided in Minnesota statutes; and WHEREAS, to improve efficiencies the Municipality desires the Dakota County Attorney to provide legal services related to administrative asset forfeitures controlled substance offenses investigated by the DCDTF provided for in Minn. Stat. § 609.5314, and WHEREAS, the Dakota County Attorney agrees to provide legal services related to administrative asset forfeitures investigated by the DCDTF; and NOW, THEREFORE, in consideration of the mutual covenants and agreements contained herein, it is hereby agreed by and between the County of Dakota, the Municipality, and the Dakota County Attorney that: 1. PURPOSE. This Agreement has been executed by the parties for the sole purpose of designating the Dakota County Attorney as the prosecuting authority for administrative asset forfeiture pursuant to Minn. Stat § 609.5314. 2. PARTIES. The parties to this Agreement are the County of Dakota, the Dakota County Attorney and the Municipality. 3. SERVICESprovide legal services related to the asset forfeitures conducted under Minn. Stat. § 609.5314 associated with controlled substances offenses investigated by the DCDTF. including discretion to cease providing services due to a conflict of interest or any other reason. 4. TERM. This Agreement shall be in effect from the date of the signature of the Parties and shall continue from year to year, unless terminated in accordance with the provisions herein. 5. PAYMENT. In consideration for legal services provided, the County Attorney shall receive disbursements pursuant to Minn. Stat. § 609.5315. 6. AUTHORIZED REPRESENTATIVES. The following named persons are designated the Authorized Representatives of the parties for the purposes of this Agreement. These persons have authority to bind the party they represent and to consent to modifications, except that the authorized representatives shall have only the authority specifically or generally granted by their respective governing boards. Notice required to be provided pursuant to this Agreement shall be provided to the following named persons and addresses unless otherwise stated in this Agreement, or in a modification to this Agreement. TO THE COUNTY: Nancy Schouweiler, Chair or successor TO THE COUNTY ATTORNEY: James C. Backstrom, County Attorney or successor TO THE Municipality: Dwight Johnson, City Administrator or successor 7. LIAISONS. To assist the parties in the day-to-day performance of this Agreement and to ensure compliance and provide ongoing consultation, a liaison shall be designated by each party to the Agreement. The parties shall continually provide written updates of any change in the designated liaison. At the time of execution of this Agreement, the following persons are the designated liaisons: County Attorney: Helen Brosnahan, Assistant County Attorney Telephone: 651-438-4404 Email: helen.brosnahan@co.dakota.mn.us Municipality Liaison: Alex Eckstein, Agent Assigned to the DCDTF, or successor Telephone: 651-994-6225 Email: alex.eckstein@ci.rosemount.mn.us 8. DATA. All data collected, created, received, maintained or disseminated in any form for any purposes by the activities of this Agreement is governed by the Minnesota Data Practices Act, Minnesota Statute, Chapter 13, and its implementing rules, and shall only be shared pursuant to laws governing that particular data. 9. AUDIT. Pursuant to Minnesota Statute Section 16C.05 subd. 5, the parties agree that the State Auditor or any duly authorized representative at that time during normal business hours and as often as they may reasonably deem necessary, shall have access to and the right to examine, audit, excerpt, and transcribe any books, documents, papers, or records which are pertinent to the accounting practices and procedures related to this Agreement. All such records shall be maintained for a period of six (6) years from the date of termination of this Agreement. 10. INDEMNIFICATION. Each party shall be liable for its own acts to the extent provided by law and hereby agrees to indemnify, hold harmless and defend the other, its officers and employees against the other, its officers and employees may sustain, incur, or be required to pay, arising out of or by reason of any act or omission of the party, its agents, servants, or employees, in the execution or performance of its obligations pursuant to this Agreement. The provisions of the Municipal Tort Claims Act, Minnesota Statute, Chapter 466 and other applicable law govern liability of the parties to this Agreement. 11. TERMINATION notice or without cause by giving 30 days written notice, of its intent to terminate, to the other party. Such notice to terminate for cause shall specify the circumstances warranting termination of the Agreement. Cause shall mean a material breach of this Agreement and any amendments thereto. Notice of Termination shall be made by certified mail or personal delivery to the authorized representative of the other parties. Termination of this Agreement shall not discharge any liability, responsibility or right of any party, which arises from the performance of or failure to adequately perform the terms of this Agreement prior to the effective date of termination. 12. MODIFICATIONS/AMENDMENTS. Any alteration, variations, modifications, or waivers of the provisions of this Agreement shall only be valid when they have been reduced to writing, approved by 13. MERGER. This Agreement is the final expression of the Agreement of the parties and the complete and exclusive statement of the terms agreed upon and shall supersede all prior negotiations, understandings, or agreements. 14. SEVERABILITY. The provision of this Agreement shall be deemed severable. If any part of this Agreement is rendered void, invalid, or unenforceable, such rendering shall not affect the validity and enforceability of the remainder of this Agreement unless the part or parts that are void, invalid or otherwise unenforceable shall substantially impair the value of the entire Agreement with respect to either party. 15. COMPLIANCE WITH LAWS AND STANDARDS. The parties agree to abide by all Federal, State or local laws, statutes, ordinances, rules and regulations now in effect or hereafter adopted pertaining to this Agreement or to the programs and staff for which the parties are responsible. 16. MINNESOTA LAW TO GOVERN. This Agreement shall be governed by and construed in accordance with the substantive and procedural laws of the State of Minnesota, without giving effect to the principles of conflict of laws. All proceedings related to this Agreement shall be venued in the State of Minnesota, County of Dakota. 17. FINAL AGREEMENT. This Agreement is the final expression of the agreement of the parties and the complete and exclusive statement of the terms agreed upon, and shall supersede all prior negotiations, understandings or agreements. There are no representations, warranties, or stipulations, either oral or written, not herein contained. IN WITNESS WHEREOF, the parties have executed this Agreement on the dates indicated below. COUNTY OF DAKOTA CITY OF ROSEMOUNT By __________________________________ ________________________________ Title: Nancy Schouweiler, Chair of Board Title: Bill Droste, Mayor or successor Date _______________________ Date ____________________ Attest _______________________________ Attest _____________________________ Jennifer Reynolds ____________________________ Administrative Services Coordinator ____________________________ Date _______________________ Date _______________________ Approved as to Form ___________________________________ Title: Clarissa Hadler, City Clerk Date: ______________________ /s/Helen R. Brosnahan July 19, 2016 Assistant County Attorney Date County Attorney File No. KS-16-95.001 County Board Resolution No. 16-295 Contract No. ______________