HomeMy WebLinkAbout6.p. Authorize Amendment to Joint Powers Agreement - Multi-Agency Assistance Group4ROSEMOLINT
CITY COUNCIL.
City Council Meeting: July 6, 2010, 0000
EXECUTIVE SUMMARY
AGENDA ITEM: Authorize Amendment to Joint Powers
Agreement — Multi- Agency Assistance
AGENDA SECTION:
Group
PREPARED BY: Gary Kalstabakken, Chief "of Police
AGE O.
ATTACHMENTS: Joint Powers Agreement
APPROVED BY:
RECOMMENDED ACTION: Motion to approve the Dakota County Multi- Agency
Assistance Group 2010 Joint Powers Agreement and authorize the mayor to executive the
agreement.
ISSUE
Council is asked to approve an amendment to the Joint Powers Agreement governing a combined tactical
team that the Police Department is a part of with other Dakota County cities and the'Sheriffls Office.
BACKGROUND
The Police Department is part of a cooperative tactical team that operates under a Joint Powers
Agreement. Tbis tactical team is referred to as the Mutual Aid Assistance Group or MAAG. A JPA in its
present format and with the current membership has been in place since 2003. +,
This amendment was initiated after the MAAG's assistance at the Republican National Convention. In
preparation for assisting St. Paul Police with the RNC it was discovered that the current MAAG JPA only
authorized a response in the jurisdictions of the member agencies. However, the practice of MAAG has
been to provide assistance to other tactical'teams and other law enforcement agencies. This includes
supporting and assisting Burnsville and Eagan's'tactical teams as they both have their own teams. MAAG
is also`a primary support for response in Goodhue County, for response to incidents at the Prairie Island
Nuclear Facility. While the RNC response was accomplished by having individual cities and the county
sign agreements with St. Paul and Ramsey County, an amendment to the JPA authorizing response outside
the `participating jurisdictions is needed to address the past practices and operations of MAAG. MAAG
relies upon other tactical teams for support and in exchange provides support to other teams. Most often
the type of support provided by MAAG falls'into, four broad categories: barricaded suspects, execution of
high risk search and arrest warrants, civil disturbances or protests, and dignitary protection.
The Governing Board of MAAG started the process to have the JPA amended. Rosemount City Attorney
Charlie LeFevere wrote the first draft of the amended JPA and remained actively involved in the various
drafts presented. In addition.to amending the JPA to authorize responding to requests from outside
agencies, a more comprehensive review of the JPA was conducted by the various city attorneys., The
resulting changes include:
1. Language allowing MAAG to respond outside of the jurisdictions of participating agencies (Section
2 — General Purpose).
2. Prohibiting MAAG officer's from seizing property while acting as a member of MAAG because
MAAG is only provides assistance and does not conduct investigations. (Section 6.8)
3. Authorize the MAAG Board to hire legal counsel for civil matters as needed (Section 6.9).
` 4. Allow MAAG to accept forfeiture proceeds and restitution ordered by the court and use the funds
for MAAG operations (Section 6.10).
5. Clarify that the police chief has the right to refuse to send personnel to a specific MAAG operation
(Section 10.2.1).
6. °Amended liability and indemnification language as suggested by the League of Minnesota Cities
Insurance Trust attorney and various city attorneys (Section 10.2.6).
7. Change the name to Multi- Agency Assistance Group from Mutual Aid Assistance Group while
retaining MAAG as its acronym. (Section 1).
RECOMMENDATION
Staff recommends the approval of the JPA amendment.
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DAKOTA COUNTY MULTI — AGENCY ASSISTANCE GROUP
2010 JOINT POWERS AGREEMENT
The parties to this Agreement are units of government responsible for critical incident response
in their respective jurisdictions. This Agreement is made pursuant to the authority• conferred upon the
parties by Minn. Stat §§ 471.59. This Agreement amends and supersedes the DAKOTA COUNTY
MUTUAL AID ASSISTANCE GROUP, 2003 JOINT POWERS AGREEMENT, and shall become
effective only upon the approval and execution hereof by duly authorized. officers of all of the parties. ;
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 Multi Agency Assistance Group
(MA AG).
2. General Purpose. The purpose of this Joint Powers Agreement is to establish an organization to
coordinate efforts to develop and provide joint response to critical incidents or high risk entries
where there is a risk of criminal violence, occurring within and outside of the parties'
jurisdictions.
3. ' Parties. The parties to this Agreement shall consist of the following units of government:
City of Apple Valley
City of Farmington
City of Hastings
City of Inver Grove Heights
City of Lakeville
4. Governance.
City of Mendota Heights
City of Northfield
City of Rosemount
City of South St. Paul
City of West St. Paul
County of Dakota
4.1. Governing Board. The governing board of the MAAG shall consist of the following:
one member and one alternate member appointed by the police chief of each party
that is a city; and
one member and one alternate member appointed by.the Dakota County Sheriff.
Appointees shall be full -time supervisory peace officers of the appointing party.
Resolutions or other documentation of the appointments shall be filed with the Dakota
County Sheriff.
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Members of the. governing board shall not be deemed to be employees and shall -not be
compensated by the governing board.
4.2. Terms. Appointees shall serve' at the pleasure of the appointing party and may be_
removed only by the appointing party.
4.3. Officers. In January of each year the governing board shall elect from its members a
chair, vice chair and secretary /treasurer. The chair- shall preside at all meetings of the
governing board and shall perform other duties as determined by the governing board,
including -the authority to sign contracts authorized by the governing board. The 'vice
chair shall preside during the absence of the chair. The secretary /treasurer shall assist
the chair in overseeing the governing board's budget and finances.
4.4. Meetings. The governing board shall have regular quarterly meetings. Special meetings
may be held on reasonable notice by the chair or vice chair. The presence of a simple
majority of the members shall constitute a quorum. All meetings of the board shall be
subject to the Open Meeting Law.
4.5. Votin . Each party to this agreement shall have one vote at any meeting of the
governing board. Proxy votes are not,permitted. The governing board shall function by
a majority vote of board, members or alternate members present, provided that a quorum
is present.
5. Duties of the Governing Board.
5.1. The governing board will formulate a program to carry out its purpose.
5.2. The governing board will coordinate information between the partie "s and the MAAG.
5.3. The governing board shall appoint and supervise the Team Commander of the MAAG.
The governing board may appoint and supervise Assistant Team Commanders of the
MAAG. Appointments require the concurrence `of the chief law enforcement officer of
the Team Commander's or Assistant Team Commander's employer. Appointment as
Team Commander or Assistant Team Commander pursuant to this agreement shall not
obligate any party to pay to its employees so appointed either supervisory or other
premium pay.
6. Powers of the GoverninE Board.
6.1. The governing board may enter into any contract necessary or proper for the exercise of
its powers or the fulfillment to its duties and enforce such contracts to the extent
available in equity or at law, except that the governing board shall not enter into any
contract the term of which exceeds one year. No payment on any invoice shall be
a authorized unless approved by at least two of the three officers elected pursuant to
paragraph 4.3. The. chair shall report to the governing board any such payments at its
next meeting.
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6.2. The governing board may contract with any party to' provide budgeting and accounting
services necessary or convenient for the governing board. Such services shall include
but not be-limited to: management of all funds, payment for contracted services and
other purchases, and relevant bookkeeping and record keeping.
6.3. The governing 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
party under contract to provide budgeting and accounting services.
6.4. The governing board may apply for and accept gifts, grants or loans of money or other
property (excluding real property) of 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 or
other property and assistance in accordance with the terms of the gift, grant or loan
relating thereto.
6.5. The governing board must obtain and maintain liability insurance , in amounts not less
than the statutory liability limits established under Minn. Stat. Ch. 466 and may obtain
other insurance it deems necessary to insure the parties, the governing board, its
members and employees of the parties for actions arising out of this Agreement,
including, but riot limited to extended reporting period coverage upon termination. With
respect to employees of parties who have responded to a request for assistance pursuant
to paragraph 10.2.1, they will be deemed to be taking actions arising out of this
Agreement from the time they receive a request for assistance pursuant to this
Agreement and commence traveling to the location where assistance is to be provided
until the Team Commander 'or Assistant Team Commander has made the decision
pursuant to paragraph 10.2.1 to recall the team.
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6.6. All powers granted herein shall be. exercised by the governing board in a fiscally
responsible manner and in accordance with the requirements of law. The purchasing and
contracting requirements of Dakota County shall apply to the governing board.
6.7. The governing board may cooperate with other federal, state and local law enforcement
agencies to accomplish the purpose for which it is organized.
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6.8 The MAAG does not have the authority to seize property for purposes of Minn. §tat. §§
609.531- .5318.
6.9. The governing board may retain legal counsel to advise the board,and provide civil legal
services.
�- 6.10. All cash monies received through forfeiture or restitution that are derived from MAAG
operations shall remain the property of MAAG and shall be used in furtherance of
MAAG efforts.
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7.+ Budget and Finance.
7.1. Budget. By March 31 of each year the governing board shall prepare and adopt a budget
for the following calendar year and may amend the same from time to time.
7.2. Expenses. The parties intend to.fund the MAAG through annual contribution paid-by
each party. The governing board shall' establish the contribution by March 31 of the year
prior to the year when the contribution is payable. The parties agree to pay the
contribution as determined by the governing board on or before January 31 of the year
following the determination, provided that the city council or county board has included
funds for this purpose in its adopted budget.
7.3. Accountability. All funds shall be accounted for according to generally accepted
accounting principles. A report on all receipts and disbursements shall be forwarded to
the parties quarterly and on an annual basis. z
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8. Team Leaders:
8.1. The Team'Commander and Assistant Team Commanders shall appoint licensed peace
officers to serve as MAAG team leaders, subject to approval of the governing board.,
Appointment as team leader pursuant to this agreement shall not obligate any party to
pay to its employees so appointed either supervisory or other premium pay.
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8.2. Team leaders assigned to the MAAG at all times.will remain employees of the leaders'
own jurisdictions and will not be employees of the governing board.
8.3. Team leaders shall be the liaison between the team members and the Team Commander
or Assistant Team Commander when a MAAG team has been deployed pursuant to this
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agreement.
9: Team members.
9.1. The chief law enforcement officer of each party shall assign licensed peace officers to
serve as MAAG team members, subject to approval of the Team Commander.
Appointment as a team member pursuant to this agreement shall -not obligate any party
to pay its employees so appointed any premium pay.
9.2. Team members assigned to the MAAG at all times will remain employees of the
members' own jurisdictions and will not be employees of the governing board.
10. Operations.
10.1. Training. The Team Commander shall be responsible for arranging monthly and annual
training events for team leaders and team members, consistent with direction from the,
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governing „board. The Team Commander shall also be responsible for- maintaining
records -of the training received by team leaders and members as well as records of all
o "ther activities undertaken by the Team Commander, Assistant Team Commanders,
team leaders and team members pursuant to this agreement.
10.2. Deployment.
10.2.1. Requests fora Assistance. Whenever a party, in its sole discretion, determines
that conditions within its jurisdiction cannot be adequately addressed by that
jurisdiction's personnel, and resources because of a critical. incident or need for
high risk entry, the party may request, in accordance with policies and
procedures of the governing board, that the MAAG deploy a MAAG team to
assist the party's jurisdiction. Upon a request for assistance, a MAAG team may
be dispatched to the requesting party, in accordance with policies and procedures
of the governing board. A party may decline to make its personnel available in
response to any such request. Failure to provide assistance in response to a
request made pursuant to this agreement will not result in any MAAG liability.
The Team Commander or Assistant Team Commander shall notify the chair or
vice chair anytime. that assistance is provided pursuant to this agreement. The
Team Commander or'an Assistant Team Commander may at any time and in
his/her sole judgment recall the team. The decision to recall a team provided
pursuant to this agreement will not result in liability to the MAAG, any party, or
to the Team Commander or Assistant Team Commander who recalled the team.
10.2.2. Direction and Control. Personnel and equipment provided pursuant to this
agreement shall remain under the direction and control of the party providing the
same and also to the tactical control of the licensed peace officer in command of
the scene of the jurisdiction to which assistance is being provided.
10.2.3. Compensation. When the MAAG provides services to a1equesting party, the
personnel of the MAAG shall be compensated by their respective employers just
as if they were performing the duties within and for the jurisdiction of their
employer. No charges will be levied by the MAAG or by the., parties for
specialized response operations provided to a requesting party pursuant to this
agreement unless that assistance continues for a period exceeding 48 continuous
hours. If assistance provided pursuant to this agreement continues for more than
48 continuous . hours, and the assistance is not provided in connection with a ,
criminal investigation, any party whose officers provided assistance for MAAG
shall submit itemized bills for the actual cost of any assistance provided,
including salaries, overtime, materials and supplies, to the MAAG and the
MAAG shall submit the invoices to the requesting party. The requesting party,
shall reimburse the MAAG for,. that amount, and the MAAG shall forward the
reimbursement to the responding party.
10.2.4. Workers' Compensation. Each party to this agreement shall be responsible for
injuries to or death of its own employees in connection with services.-provided
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pursuant to this agreement. Each party shall maintain workers' compensation
coverage or self - insurance coverage, covering its own personnel while they are
providing assistance as a member of the MAAG. Each party to this agreement
waives the right to sue any other party for any workers' compensation benefits
paid to its own employee or their dependents, even if the injuries were caused
wholly or partially by the negligence of any other party or, its officers, employees
or agents.
10.2.5. Damage to Equipment. Each party shall be responsible for damage to or loss of
its own equipment occurring during deployment of the MAAG. Each party
waives the right to sue any other party for any damages to or loss of its
equipment, even if the damages or losses were caused wholly or partially by the
negligence of any other party or its officers, employees or agents.
10.2.6. Indemnification. To the full extent permitted by law, this Agreement -is
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, all as set forth in Minnesota Statutes, Section 471.59,
subd. l a(a); provided further that for purposes of that statute, each party to this
Agreement expressly - declines responsibility for the acts or omissions of the other
party. In addition to the foregoing, nothing herein shall be construed to waive or
limit any immunity from, or limitation on, liability available to either party,
whether set forth in Minnesota Statutes, Chapter 466 or otherwise.
To the extent that tort damages or other related costs or fees become payable,to a
third party as the result of this Agreement or the activities carried out hereunder
that are not covered by insurance ihat MAAG has in force, the parties to this
Agreement shall. each pay an equal amount. Notwithstanding the foregoing, this
Agreement is solely for the benefit of the parties hereto and no other person shall
have any right, claim, or interest in it.
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.
10.3. Aid to Non - Parties.
10.3.1. Upon a request for assistance from a governmental unit that is not a party to this
Agreement, a MAAG team may be dispatched to such governmental unit, in`
accordance with policies and procedures of the governing board, provided that the
police chief or Dakota County Sheriff, as appropriate, has consented to such
deployment of its employees. Failure to provide assistance in response to any such
request shall not result in any MAAG liability. The Team Commander or Assistant
Team Commander shall notify the chair any time such assistance is provided. The
Team Commander or Assistant Team Commander may at any time and in his/her:
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sole judgment recall the team. The decision to recall a team -fiere`under shall,not
result in any MAAG liability. y
10.3.2. Liability resulting from the provision of assistance to a non -party shall be
allocated in the same manner as provided by Minnesota Statutes, Section 12.331,
subd. 2, i.e., MAAG assumes the same liability as a sending political subdivision
and the non -party assumes the same liability as a receiving 'political subdivision.
11. Term. The term of this agreement shall -be effective only when all of the parties have signed this
agreement. The Dakota County Sheriff shall notify the members in writing of the effective date
of this agreement. This Agreement shall continue in effect until terminated in accordance with
its 'terms.
12. Withdrawal and Termination.
12.1 Withdrawal. Any party may withdraw from this agreement upon 6 months' written
notice to the other parties. Withdrawal by any;party shall not terminate this agreement
with respect'to any parties who have not withdrawn. Withdrawal shall not discharge any
liability incurred by any party prior to withdrawal. Such liability shall continue until
discharged by law or agreement. A withdrawing- party shall have no claim to any
property or assets owned or held by MAAG.
12.2 Termination. This agreement shall terminate upon the occurrence of any one of the
following events: (a) when necessitated by operation of law or as a result of a decision by
a court of competent jurisdiction; or (b) when a majority of remaining parties agrees to
terminate the agreement upon a date certain.
12.3 Effect of Termination. Termination shall not discharge any liability incurred by the
MAAG oreby the parties during the term of this agreement. Upon termination and after
payment of all outstanding obligations, property or surplus money held by the MAAG
shall then be distributed to the parties in proportion to their contributions.
13. Miscellaneous.
13.1 Amendments. This agreement may be amended only in writing and upon the consent of
each of the parties' governing body. z
13.2 Records, accounts and reports. The.books and records of the MAAG shall be subject
to the provisions of Minn. Stat. Ch. 13. x
13.3 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. Counterparts shall be filed with the Dakota County Sheriff.
- 13.4 Additional Parties. Any other municipality within Dakota County may become a party
to this agreement upon approval of the governing board, adoption of a resolution by the
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municipality's governing body, execution of this agreement, and filing of the same with
Dakota County.
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municipality's governing body, execution of this agreement, and filing of the same with
Dakota County.
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CITY OF ROSEMOUNT-
Name
Title
Date of Signature