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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