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
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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
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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.
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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.
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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.
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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
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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
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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
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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
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