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HomeMy WebLinkAbout6.m. Amendment to the Dakota County Drug Task Force Joint Powers Agreement TIVE S UMMARY 4 ROSE4GLIITF EXECUTIVE CITY COUNCIL City Council Meeting: February 6, 2008 AGENDA ITEM: Amendment to the Dakota County Drug AGENDA SECTION: Task Force Joint Powers Agreement PREPARED BY: Gary Kalstabakken, Chief of Police AGENDA NO. 6 hi ATTACHMENTS: JPA Amendment APPROVED BY: RECOMMENDED ACTION: Motion to authorize the execution of an amendme to the Joint Powers Agreement for the Dakota County Drug Task Force. Background The City of Rosemount entered into a Joint Powers Agreement with the other major cities within Dakota County and the Dakota County Sheriff's Office for the purpose of continuing a combined drug task force. Summary The JPA entered into effective January 1, 2005 specified the number of officers, calculated in full time equivalent (FTE), within the JPA. Since the execution of the JPA several parties of the agreement have amended the number of officer FTEs assigned to the task force. An amendment to the JPA is proposed to incorporate the changes that have already occurred and to allow future changes to the FTEs agencies contribute to the task force. The amendment in Section 8.1 has been changed to language which allows "Up to" a specific FIE for each party to the agreement. This change allows each agency to adjust the level of commitment without needed to amend the entire JPA. Amending the JPA in this manner allows agencies to make changes to their FTE commitment based upon staffing availability, community needs and other factors. Other sections of the JPA impacted by the change in the r 1'E section will also be amended to be in alliance with changes in section 8.1. The amendment lists Rosemount as contributing "Up to One (1) FTE." In the 2005 JPA Rosemount is listed at .20 FTE. Staff recommends approval of this amendment to allow for flexibility in assigning staff to the Drug Task Force and complying with the JPA. AMENDMENT TO THE DAKOTA COUNTY DRUG TASK FORCE JOINT POWERS AGREEMENT WHEREAS, effective January 1, 2005, the City of Apple Valley, City of Burnsville, City of Eagan, City of Farmington, City of Hastings, City of Inver Grove Heights, City of Lakeville, City of Mendota Heights, City of Rosemount, City of Savage, City of South St. Paul, City of West St. Paul, and Dakota County entered into a Joint Powers Agreement to establish an organization to coordinate efforts to apprehend and prosecute drug offenders; and WHEREAS, the parties desire to amend the number of officers assigned to the Dakota County Drug Task Force; and WHEREAS, the Agreement may be amended only when expressed in writing and duly signed by all of the parties. NOW, THEREFORE, in consideration of the mutual covenants contained herein the parties agree as follows: 1. Section 8.1 is amended to read as follows: 8.1 Each member shall assign at least one experienced, licensed peace officer to serve as agents for the Task Force as follows: City of Apple Valley Up to Two (2) Full Time Equivalent (FTE) City of Burnsville Up to Two (2) FTE City of Eagan Up to Two (2) FTE City of Farmington Up to One (1) FTE City of Hastings Up to One (1) FTE City of Inver Grove Heights Up to Two (2) FTE City of Lakeville Up to Two (2) FTE City of Mendota Heights Up to One (1) FTE City of Rosemount Up to One (1) FTE City of Savage Up to One (1) FTE City of South St. Paul Up to One (1) FTE City of West St. Paul Up to Two (2) FTE Dakota County tip to Four (4) FTE 2. Section 10, Forfeiture, Seizures and Fines, is amended to read as follows: 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 these items must be approved by the Board. In the case of federal forfeiture actions, established federal rules shall be followed. The Board may divide all 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 Force by court order shall be used to offset equipment or operating costs of the Task Force not funded by grant or matching funds. 3. Section 13.3, Effect of Termination is amended to read as follows: 13.3 Effect of Termination. Upon termination of this Agreement, all property of the Task Force shall be sold or distributed to the members in proportion to the then assigned Full Time Equivalent contributions of each member of this Agreement as set forth in paragraph 7.1 herein. 4. All other terms of the Joint Powers Agreement between the parties listed above shall remain in full force and effect unless otherwise amended or terminated in accordance with law or the terms of the Contract. 1 i. 5. This Amendment is effective upon execution of the Amendment by all parties, which may be executed in one or more counterparts, each of which shall be deemed to be an original, but all of which shall be deemed to constitute one and the same Amendment. 6. In any case where this Amendment conflicts with the earlier Joint Powers Agreement, this Amendment shall govern. IN WITNESS WHEREOF, the parties have executed this Amendment on the dates indicated below. (the reminder of this page is intentionally left blank) 2 CITY OF ROSEMOUNT Approved by the City Council By Date Date of Signature Attest Date of Signature 11