HomeMy WebLinkAbout6.s. Dakota County Mutual Aid Assistance Group Joint Powers AgreementCITY OF ROSEMOUNT
EXECUTIVE SUMMARY FOR ACTION
CITY COUNCIL MEETING DATE: December 2, 2003
The Council is asked to approve the Joint Powers Agreement authorizing participation of the Police Department
on the Dakota County Mutual Aid Assistance Group. The Mutual Aid Assistance Group is a tactical team or as
it is more often referred - S.W.A.T.
This agreement will establish a governing board to operate a tactical team comprised of the agencies listed in
the agreement. The JPA is brought forward at this time for approval because two existing tactical teams are
being merged to form the one team covered by this agreement. The two teams currently operating are the
Dakota County Sheriff's Department/Hastings team and the Mutual Aid Assistance Group (MAAG), which is
comprised of all the other cities included in this agreement. Rosemount has been an active member of the
MAAG team for several years and currently has two officers assigned to the team. These tasks are fulfilled in
addition to the officers' regular police duties.
The merger of two teams will allow the one team to provide the same specialized services currently provided by
the separate teams. This merger should result in the services being provided to the cooperating cities in a more
cost effective and efficient manner. In 2004, Rosemount's cost to participate in the MAAG team is proposed to
be $1650. This cost is in addition to the staff time spent on the team activities and any special equipment
needed by the personnel assigned to the team. The annual cost covers some training and specialized equipment
purchases of the team.
RECOMMENDED ACTION: MOTION TO APPROVE THE EXECUTION OF A JOINT POWERS
AGREEMENT TO AUTHORIZE THE POLICE DEPARTMENT TO PARTICIPATE IN THE DAKOTA
COUNTY MUTUAL AID ASSISTANCE GROUP.
COUNCIL ACTION:
AGENDA ITEM: DAKOTA COUNTY MUTUAL AID
AGENDA SECTION:
ASSISTANCE GROUP JOINT POWERS
CONSENT
AGREEMENT
PREPARED BY: Gary D. Kalstabakken, Chief of Police
AGEN" "6 `R,
ATTACHMENTS: Joint Powers Agreement
APPROVED BY:
b
DAKOTA COUNTY MUTUAL AID ASSISTANCE GROUP
2003 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.
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 Mutual Aid 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 the parties' jurisdictions.
3. Parties The parties to this Agreement shall consist of the following units of government that
have signed this agreement:
City of Apple Valley City of Mendota Heights
City of Farmington City of Northfield
City of Hastings City of Rosemount
City of Inver Grove Heights _ City of South St. Paul
City of Lakeville City of West St. Paul
County of Dakota
4. Governance
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 parry
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.
Members of the governing board shall not be deemed to be employees and shall not be
compensated by the governing board.
K/K03 -163 1 JPA FOR DAKOTA COUNTY MUTUAL AID ASSISTANCE GROUP
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.
4.5.
Voting 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 parties 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 Governing 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
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.
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
K/K03 -163
2 JPA FOR DAKOTA COUNTY MUTUAL AID ASSISTANCE GROUP
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
parry 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) 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 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. 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.
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.
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.
K/K03 -163 3 JPA FOR DAKOTA COUNTY MUTUAL AID ASSISTANCE GROUP
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.
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.
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
agreement.
9. Team members
9.1. The chief law enforcement officer of each parry 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
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
other 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 for 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
K/K03 -163 4 JPA FOR DAKOTA COUNTY MUTUAL AID ASSISTANCE GROUP
of the governing board. 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 a requesting 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. If the MAAG provides services to an -
entity which is not a party to this agreement and which does not have its own
critical incident response team, the responding parties 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 bill such entity for
the actual cost of such assistance.
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
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
K/K03 -163 5 JPA FOR DAKOTA COUNTY MUTUAL AID ASSISTANCE GROUP
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 The MAAG will defend and indemnify the units of
government that are parties to this Agreement for any claims arising out of
actions taken by the governing board, its members, team leaders or team
members pursuant to this Agreement. This Agreement to defend and indemnify
does not constitute a waiver by any party of the limitations on liability provided
by Minn. Stat. Ch.. 466.
11. Term The term of this agreement shall be effective only among the parties who have signed
this agreement. Dakota County shall notify the members in writing of the effective date of this
agreement.
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.
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 or by 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.
13.2 Records, accounts and reports The books and records of the MAAG shall be subject
to the provisions of Minn. Stat. Ch. 13.
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.
K/K03 -163 6 JPA FOR DAKOTA COUNTY MUTUAL AID ASSISTANCE GROUP
IN WITNESS WHEREOF, the parties have executed this Agreement on the dates indicated
below.
Approved as to form: COUNTY OF DAKOTA
Assistant County Attorney /Date Donald Gudmundson
Dakota County Sheriff
Date of Signature
K/K03 -163 7 JPA FOR DAKOTA COUNTY MUTUAL AID ASSISTANCE GROUP