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HomeMy WebLinkAbout9.b. Dakota County Drug Task Force Joint Powers AgreementCITY OF ROSE.%IOUNT EXECUTIVE SUMMARY FOR ACTION CITY COUNCIL MEETING DATE: December 19, 2000 AGENDA ITEM: DAKOTA COUNTY DRUG TASK FORCE AGENDA SECTION: JOINT POWERS AGREEMENT NEW BUSINESS PREPARED BY: Gary D. Kalstabakken, Chief of Police AGE ! 7 4 ATTACHMENTS: Joint Powers Agreement APPROVED BY Memo The Council is asked to approve the participation of the Police Department in the Dakota County Drug Task Force. The Task Force operates under a Joint Powers Agreement and it is recommended by staff that Rosemount enter into the Agreement. This Agreement will commit Rosemount to the Task Force for the year 2001. RECOMMENDED ACTION: MOTION TO APPROVE THE EXECUTION OF A JOINT POWERS AGREEMENT TO PARTICIPATE IN THE DAKOTA COUNTY DRUG TASK FORCE. I COUNCIL ACTION: Burtjom From: LeFevere, Charlie L. [clefevere@Kennedy- Graven:com] Sent: Wednesday, December 13, 2000 11:23 AM To: Gary Kalstabakken (E -mail) Cc: Tom Burt (E -mail) Subject: Drug Task Force Joint Powers Agreement Gary, I have reviewed the current draft of the Dakota County Drug Task Force joint powers agreement. As you know we suggested a substantial number of changes to the agreement that were not accepted. In proposing the changes, we intended to streamline and clarify the agreement, to clarify the relationship of the parties, to conform the agreement to the intent of the parties and past practices relating to contributions of members, and to allow for the addition and withdrawal of members. I do not know why none of our proposed changes were accepted. When I discussed the agreement with the assistant county attorney working on this matter, she seemed to be favorably disposed to the changes. In any case, it appears that the other members intend to continue on with the task force without making any of the changes that we suggested, and we are left with the choice of participating under the agreement in its current form or not participating. With that in mind, I have reviewed the agreement to see whether it contains terms that should be a serious concern to the city, such as a term that exposes the city to uninsured liability. I find nothing in the agreement that would cause me to recommend that the city refrain from participation in the task force. If the task force were being created for the first time, I would be concerned about the ambiguity in contract terms relating to the expected contribution of the cities of staffing and other contributions. (At least I find the contract to be ambiguous.) However, the task force has been operating under this agreement for a number of years so that the past practices of the group would give meaning to the terms. The contract language itself may not protect the city from surprises, but those surprises would fall on all of the other participants as well. As you describe the parties' understanding of their obligations to make financial and staff contributions, there is probably nothing to be concerned about. In summary, the form of the contract is not everything that we would wish. However, 1 do not feel that the city would be taking any substantial risks in entering into the contract for two reasons. The first is that we are dealing with other cities that share common interests with Rosemount - rather than a private company, for example. And the second is that the task force has several years of operation under this agreement so that the parties have a good understanding about how it is supposed to work - even though it may not be spelled out very precisely in the contract. Please give me a call if you have any further questions on this issue. Charlie 2001 JOINT POWERS AGREEMENT DAKOTA COUNTY DRUG TASK FORCE The parties to this Agreement are units of government responsible for the enforcement of controlled substance laws in their respective jurisdictions. This Agreement is made pursuant to the authority conferred upon the parties by Minnesota Statutes 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 Drug Task Force. 2. General Purpose. The purpose of this Joint Powers Agreement is to establish an organization to coordinate efforts to apprehend and prosecute drug offenders. 3. Members. The members of this Agreement shall consist of the following units of government: City of Apple Valley City of Burnsville City of Eagan City of Farmington City of Hastings Dakota County City of Inver Grove Heights City of Lakeville City of Rosemount City of Savage City of South St. Paul City of West St. Paul 4. State and Local Assistance for Narcotics Control Program. The City of Burnsville, acting on behalf of the Dakota County Drug Task Force and its members, shall apply for funding under the State and Local Assistance for Narcotics Control Program ( "grant funds "). The Burnsville City Manager shall be the "authorized official" as defined in the general policies and procedures for the program. 5. Administrative Board. 5.1 The governing board of the Task Force shall be constituted as follows: The police chief or sheriff of each party shall appoint one board member to serve at the chiefs or sheriffs pleasure. The Dakota County Attorney shall appoint one board member to serve at the County Attorney's pleasure. Board Page 1 s members appointed by the police chiefs and sheriff must be full -time supervisory peace officers of the jurisdiction or office that appoints the Board member. 5.2 Board members shall not be deemed employees of the Task Force and shall not be compensated by it. 5.3 In January of each year, the Board shall elect from its members a chair, a vice- chair, a secretary /treasurer, and such other officers as it deems necessary to conduct its meetings and affairs. The Board may adopt rules and regulations governing its meetings. Such rules and regulations may be amended from time to time at either a regular or a special meeting of the Board provided 'that at least ten (10) days' prior notice of the meeting has been furnished to each Board - member. The Board shall operate by a majority vote of all members present. A quorum of two- thirds (2/3) of the members shall be required for all meetings. 6. Powers and Duties of the Board. 6.1 The Board will formulate a program to carry out its purpose. 6.2 The Board will coordinate intelligence between the members and the Task Force. 6.3 The Board shall appoint and supervise the Agent -in- Charge of the Task Force. The Board may appoint and supervise Team Leader(s) of the Task Force. This appointment will be with the concurrence of the agent's member agency. 6.4 The Board may cooperate with other federal, state, and local law enforcement agencies to accomplish the purpose for which it is organized. 6.5 The Board may make contracts, incur expenses and make expenditures necessary and incidental to the effectuation of its purpose and consistent with its powers. 6.6 The Board shall cause to be made an annual audit of the books and accounts of the Task Force and shall make and file a report to its members which includes the following information: (a) the financial condition of the Task Force; (b) the status of all Task Force projects; (c) the business transacted by the Task Force; and (d) other matters which affect the interests of the Task Force. Page 2 6.7 The Task Force's books, reports, and records shall be open to inspection by its members at all reasonable times. 6.8 The Board may recommend changes in this Agreement to its members. 6.9 The members may not incur obligations or enter into contracts that extend beyond the term of this Agreement. 6.10 The Board will purchase liability insurance which shall be payable from Task Force funds, and the Dakota County Drug Task Force may not take any actions under this Agreement until such liability insurance is in effect. 6.11 The Board may receive real or personal property by grant, devise, or bequest for the use of the Task Force. 7. Finances. 7.1 The members intend to fund the 2001 cost of operation of the Task Force totaling $803,643.00 as follows: (1) $251,579.00 from 2001 grant funds, and (2) $357,410.00 in matching funds from member cities and County. Matching funds shall fund the continued .cost of maintaining the replacement officers for the full -time officer assigned by some members to the Task Force. Additional matching funds shall come from forfeiture funds, and $10,000.00 from the Dakota County Sheriff's contingent fund for drug and alcohol investigations. All funds will be spent in federally authorized program areas. 7.2 The Task Force's funds may be expended by the Board in accordance with this Agreement in a manner determined by the Board. The Board shall designate the City of Burnsville to act as depository for the Task Force's funds. In no event shall there be a disbursement of Task Force funds from the City of Burnsville depository without the signature of the Task Force Secretary /Treasurer, or the Chairman in the absence of the Secretary /Treasurer. 7.3 The Board shall receive a monthly financial report of all expenditures and receipts, and current fund balances from the secretary /treasurer. 7.4 The members shall contribute their grant funds and required matching funds to operate the Task Force. The required matching funds will be used to pay the 2001 salary and benefits of the full -time officer hired to replace the officer assigned to the Task Force by some members. 7.5 The Board shall adopt a budget based upon grant funds, member matching funds and money made available from other sources. The Board may amend the budget from time to time. Page 3 7.6 The Board may not incur debts. 7.7 The Task Force's obligation to reimburse members for any expense, furnish equipment, and the like is contingent upon the Task Force receiving at least $275,000.00 in grant funds in 2001. If grant funds less than that amount are received, the Board may reduce the level of expense reimbursement and cut back on equipment and other purchases otherwise required by this Agreement. 8. Agent 8.1 Each member shall assign one experienced, licensed peace officer to serve on the Task Force as follows: Dakota County 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 Rosemount. City of Savage City of South St. Paul City of West St. Paul Five (5) Full Time Equivalent (FTE) One (1) FTE One (1) FTE One (1) FTE One Seventeen - Hundredth (.17) FTE One Half (.5) FTE One (1) FTE One (1) FTE One Fifteen - Hundredth (.15) FTE One Quarter (.25) FTE One Half (.5) FTE Three Quarters (.75) FTE* *After July 1, 2001, this position will be staffed at One (1) FTE. 8.2 Agents shall not be employees of the Task Force. Agents shall remain employees of the member that has assigned them to the Task Force and shall be paid by that member, not the Task Force. 8.3 Agents will be responsible for drug investigation, including intelligence management, case development, and case charging. Agents will also assist other agents in surveillance and undercover operations. Task Force agents will work cooperatively with assisting agencies. 8.4 Agents will be supervised by the Agent -in- Charge or, in his /her absence, by the Team Leader assigned by the Agent -in- Charge to act in his /her absence. 8,5 The member appointing the Agent shall furnish the Agent a weapon and a vehicle and pay any lease payments, insurance, maintenance, and operating costs of the vehicle. 8.6 The members shall maintain the officer positions hired to replace the officer assigned to the Task Force, or maintain the Full Time Equivalent staffing assigned to the Task Force as shown in 8.1. Page 4 9. Agent -in- Charge and Team Leader(s). 9.1 From the full -time Agents assigned by members, an Agent -in- Charge shall be appointed by the Board and serve at its pleasure. The Agent -in- Charge must be a full -time, licensed supervisory peace officer of a member. The Agent -in- Charge shall remain an employee of the member city or County. 9.2 The Agent -in- Charge shall be in charge of the day -to -day operation of the Task Force, including supervising the Task Force's assigned personnel, subject to direction received from the Board. The Agent -in- Charge is responsible for staffing, scheduling, case assignment, case management, record keeping, informant management, buy fund management, petty cash management, and intelligence management. The Agent -in- Charge will be responsible to keep the Board updated as to the Task Force's activity, which would include major case development within member jurisdictions. The Agent -in- Charge will supervise the drafting and execution of all search warrants initiated by the Task Force Unit and will work cooperatively with the agencies with venue over the case. The Agent -in- Charge will be responsible for all buy fund monies and petty cash funds and will provide Board members with a monthly accounting of all funds disbursed and a written summary of activity with the unit. 9.3 The Agent -in- Charge may exclude Agents from further Task Force involvement subject to review by the Board and approval of the member that assigned the Agent to the Task Force. 9.4 From the Agents assigned by members, a Team Leader(s) may be appointed by the Board, with the concurrence of the Agent's member agency, and serve at the Board's pleasure. The Team Leader(s) must be a full -time, licensed peace officer of a member and shall be paid a supervisor's salary by that member agency only during that time that the Agent -in- Charge is absent. The difference between the rate of pay, if any, the Team Leader(s) would normally have received from the member agency and the rate of pay for the member's first line supervisor, however, will be paid by the Task Force to the member agency. The Team Leader(s) shall remain an employee of the member city or County at all times. 9.5 The duties, responsibilities and authority of the Team Leader(s), while the Agent -in- Charge is absent, shall be the same as the Agent -in- Charge as described in paragraph 9.2. If there is more than one team leader, the Agent -in- Charge will assign one team leader to act as Agent -in- Charge while the Agent - in- Charge is absent. 10. Forfeiture, Seizures and Fines. Items that are seized by the Task Force may be used to support Task Force efforts. The use of these items must be approved by the Board. In the case of Federal forfeiture actions, established Federal Rules shall be followed: All remaining forfeited items shall be divided among Task Force members in proportion to the "full -time equivalent" contributions of each member of this agreement as set forth at paragraph 8.1 Page 5 herein. Fine or 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. 11. Indemnification. Each member shall fully indemnify and hold harmless the other members against all claims, losses, damage, liability, suits, judgments, costs and expenses by reason of the action or inaction of its employees assigned to the Task Force to the extent not covered by insurance. This agreement to indemnify and hold harmless does not constitute a waiver by any member of limitations on liability provided by Minnesota Statutes, Chapter 466. 12. Duration. 12.1 This Agreement shall take full effect on January 1, 2001. All. members need not sign the same copy. The signed Agreement shall be filed with the City of Burnsville, who shall notify all members in writing of its effective date. With the exception of paragraph 4 of this Agreement, implementation is also contingent upon receipt of grant funds. Prior to the effective date of this Agreement, any signatory may rescind its approval. 12.2 This Agreement shall terminate on December 31, 2001, unless extended by further written agreement of the parties. 12.3 This Agreement may be terminated at any time by the written agreement of a majority of the members. 12.4 Upon termination of this Agreement, all property of the Task Force shall be sold or distributed to the members his Agreement proportion oeet contributions of each member as set forth at paragraph 81 herein. IN WITNESS WHEREOF, the undersigned governmental units, by action of their governing bodies, have caused this Agreement to be executed in accordance with the authority of Minnesota Statutes 471.59. Approved by the City Council CITY OF APPLE VALLEY By Date of Signature Attest Date of Signature Page 6 Approved by the City Council Approved by the City Council Approved by the City Council Approved by the City Council Approved by the City Council Approved by the City Council Page 7 CITY OF BURNSVILLE By Date of Signature Attest Date of Signature CITY OF EAGAN By Date of Signature Attest Date of Signature CITY OF FARMINGTON By Date of Signature Attest Date of Signature - CITY OF HASTINGS By Date of Signature Attest Date of Signature CITY OF INVER GROVE HEIGHTS By Date of Signature Attest Date of Signature CITY OF LAKEVILLE By Date of Signature Attest Date of Signature Approved by the City Council Approved by the City Council Approved by the City Council Approved by the City Council Approved by Dakota County Board Resolution No. __N___ Dakota County Attorney's Office Dakota County Judicial Center 1560 Highway 55 Hastings, Minnesota 55033 Telephone: (651) 438 -4438 K /K00 -373 2001 DCDTF CITY OF ROSEMOUNT By Date of Signature Attest Date of Signature CITY OF SAVAGE By Date of Signature Attest Date of Signature CITY OF SOUTH ST. PAUL By Date of Signature Attest Date of Signature CITY OF WEST ST. PAUL By Date of Signature Attest Date of Signature COUNTY OF DAKOTA By Don Gudmundson, Sheriff Date of Signature Approved as to Form: By Assistant County Attorney /Date Approved as to Execution: By Assistant County Attorney /Date Page 8