HomeMy WebLinkAbout2.d. Drug Task Force Joint Powers AgreementN
CITY OF ROSEMOUNT
EXECUTIVE SUMMARY FOR ACTION
CITY COUNCIL WORK SESSION DATE: October 11, 2000
AGENDA ITEM :Drug Tas
k Force Joint Powers Agreement
AGENDA SECTION:
PREPARED BY: Gary D. Kalstabakken, Chief of Police
AGENDA NO:
w
Joint Powers Agreement Draft and Current JPA
APPROVED BY:
City Attorney LeFevere has prepared a draft Joint Powers Agreement for the Dakota County Drug Task Force.
This draft agreement is intended to address issues that were raised during Council discussion about the Drug
Task Force. The draft was provided to the Assistant County Attorney and the Task Force Board President Chief
Deputy Dave Bellows in July for review and was reviewed with the entire board at its September meeting.
An overview of the changes will be discussed with Council. If an updated revision is received from the
Assistant County Attorney by the meeting date, it will be brought for distribution at the meeting.
An update of the operations and activities of the drug task force will also be given.
a
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JOINT POWERS AGREEMENT 1
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, Section 471.59.
The undersigned governmental units, in the joint and mutual exercise of their powers, agree
as follows:
I . _ 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 initial members of this Agreement are e-cpected to be the following units of
government:
City of Apple Valley City of Inver Grove Heights
City of Burnsville City of Lakeville
City of Eagan City of Rosemount
City of Farmington City of Savage
City of Hastings City of South St. Paul
Dakota County 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.
ccc- r$iszsvl 1
RS220 -$s
5. Administrative Board.
5.1. The governing board of the Task Force shall be a Board consisting of as many directors as
there are members, plus one director appointed by the Dakota County Attorney. The chief law
enforcement officers of each member shall appoint one director. All directors shall serve at the
pleasure of the appointing authority. Directors other than the director appointed by the County
Attorney must be full -time supervisory peace officers of the jurisdiction or office that appoints
them.
5.2. Directors shall not be deemed employees of the Task Force and shall not be compensated by
it.
5.3. In January of each year, the Directors shall elect from their members a Chair, a Vice - Chair,
a Secretary /Treasurer, and such other officers as they deem necessary to conduct the meetings and
affairs of the Board. 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
Director. The Board shall operate by a majority vote of all Directors present. A quorum of two -
thirds of the number of Directors shall be required for all meetings.
6. Powers and Duties of the Board.
6.1. The Board will formulate a program to carry out the purposes of the Task Force.
6.2. The Board will coordinate intelligence between the members and the Task Force.
6.3. The Board will manage the TaskForce.
6.4. The Board may cooperate with other federal, state, and local law enforcement agencies to
accomplish the purpose for which the Task Force is organized.
CLL- 181825vt 2
RS220 -85
6.5. The Board may make contracts, including agreements for the rental of real property, incur
expenses and make expenditures necessary and incidental to the effectuation of its purposes 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.
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
calendar year in which the contract is made or which will require the expenditure of fiends in excess
off Inds available.
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. Task Force operations will be financed from grant funds, drug forfeitures, and any funds
voluntarily contributed by any member. Members will provide agents for the Task Force but will
CLL-181825v 1 3
RS220 -85
2. Disadvantages oLProposed7mprovement
Construction of 15 cfs lift station and forcemain is expensive.
• Construction of berm will reduce storage volume available within the
basin. .
• Greater discharge rates do not promote infiltration and evaporation within
the watershed.
• Reduced retention time reduces the ability for water quality treatment to
be provided in this basin.
B. Alternative 2
Allow for increased stormwater storage within the Marcotte Pond and reduce discharge
rate from Marcotte Pond to 6 cfs.
1. Advantages
• Lower discharge rate will require less expensive lift station and forcemain.
• Additional infiltration and evaporation can take place in Marcotte Pond.
• Reduced water surface elevation fluctuations in Birger Pond.
2. Disadvantages
• Increased stormwater storage volume required and increased 100 -year
high water elevation.
• Vegetation around perimeter of basin may be impacted more frequently. ,
• Increase of surface water fluctuations in pond and requires additional time
for draw down to normal water level.
C. Alternative 3
Reduce lift station discharge rate to 6 cfs and restrict discharge rates and increase storage
requirements in upper watersheds.
1. Advantages
• Reduce shoreline impacts for Marcotte Pond.
• Increased infiltration evaporation in upper watershed.
• Marcotte Pond lift station cost reduced.
• Reduce downstream water surface elevation fluctuation.
Marcotte Pond Outlet Feasibility Analysis
City of Rosemount
WSB Project No. 1275-003 Page 3
not otherwise be required to provide fiends without the prior amendment of this Agreement
approved by all members.
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 Board shall adopt a budget based upon grant fiends and money made available from
other sources. The Board may amend the budget from time to time.
7.5. The Board may not incur debts.
7.6. To the extent that grant funds or other finds are available after paying annual budgeted
expenses of the Task Force at the end of each calendar year or upon termination of this Agreement,
reimbursement may be made to members for wages and benefits for agents and other incurred
expenses which have been approved by the Board. The Board may elect to retain a reasonable
amount of fiends at the end of each calendar year to fund operations it the subsequent year until
funds anticipated to be received in that year are received.
8. Agent.
8.1. Each member shall assign experienced, licensed peace officers to serve on the Task Force.
Assignments for the year 2001 are as follows:
Dakota County Five (5) Full Time Equivalent (FTE)
City of Apple Valley One (1) FTE.
City of Burnsville One (1) FTE
CLL- 181825v1 4
RS220 -85
City of Eagan One (1) FTE
City of Farmington One Seventeen - Hundredth (.17) FTE
City of Hastings One Half (5) FTE
City of Inver Grove Heights One (1) FTE
City of Lakeville One (I) FTE
City of Rosemount One Tenth (.1 5) FTE
City of South St. Paul One Half (5) FTE
City of West St. Paul One Half (5) FTE
For each subsequent year, each member will advise the Board, prior to October first, of the
number of employees which that member will provide in the subsequent calendar year.
8.2. Agents shall not be employees of the Task Force. Agents shall remain employees of the
member that has assignted them to the Task Force and shall be paid b-v 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. Assigned officers
acting under this agreement in the jurisdiction of another party to this agreement are acting in the
line of duty and in the course of employment and are authorized to exercise the powers of a peace
officer therein.
8.4. 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.
9. 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 at the end of each calendar year or termination
of this Agreement in proportion to the `full -time equivalent" contributions of each member of this
agreement as set forth in paragraph 8.1 herein for that calendar year (subject to retainage in
CLL-181825v1 5
RS220-85
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of the year of withdratival by certified copy of a resolution adopted by the governing body of the
withdrawing member.
13. Duration.
13.1. This agreement shall be effective on January 1, 2001 as to all members that have executed
it, or a counterpart or copy of it by such date. As to all members listed in paragraph 3 that have not
executed this agreement by that date, this agreement shall be effective on the date of execution. As
to members joining pursuant to para 12. 1, this agreement shall be effective on the date of
execution of this agreement by such netiv member or the date of approval of such new member by
the Board, whichever is later.
13.2. This agreement shall remain in effect for as long as two or more members continue to
participate; provided that the agreement may also be terminated by the adoption of resolutions,
calling for such dissolution duly adopted by the governing bodies of a majority of the members.
13.3. Upon termination of this agreement, all property of the Task Force shall be sold or
distributed to the members of the Task Force at the time of dissolution in proportion to the "full -
time equivalent" contributions of each member of this agreement as approved by the Board as of
the date of dissolution.
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.
CLL- 181825vl 7
RS220 -85
u
JOINT POW
.2000 JO POWERS AGREEMENT V
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 drub
offenders.
3. Members. The members of this Agreement shall consist of the following
units of Qovernment:
City of Apple Valley City of Inver Grove Heights
City of Burnsville City of Lakeville
City of Eagan City of Rosemount
City of Farmington City of South St_ Paul
City of Hastings City of West St. Paul
Dakota County
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 a Board consisting of
twelve members. 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
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pleasure. Board 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.
i.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 nine (9) members shall be required for all meetings.
b. 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 an Assistant Agent -in - Charge of the
Task Force. This appointment will be with the concurrence of the agent's
member asenev.
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 For
7. Finances.
7.1 The members intend to fund :he 2000 cost of operation of the Task Force
totaling 5688.630.00 as follows: (1) 5275,000.00 from 2000 grant _funds, and
(2) 5=113,630.00 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 s3rne members to the Task Force. Additional
matching funds shall come from forfeiture funds, and S10,000.00 from the
Dakota Countv Sheriff's continge . fund for drug and alcohol investigations.
All funds will be spent in federally authorized program areas.
7.2 The Task Force's funds may Le expended by the Board in accordance with
this Agreement in a manner determ- ed by the Board. The Board shall designate
the City of Burnsville to act as de?ository for the Task Force's funds. In no
event shall there be a disburser eat 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 matchin funds will be used to
pay the 2000 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.
7.6 The Board may not incur debts.
Nee 3
I
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 2000. 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 Five (5) Full Time Equivalent FTE)
City of Apple Valley One (1) FTE
City of Burnsville One (1) FTE
City of Eagan One (1) FTE
City of Farmington One Seventeen- Hundredth (.17) FTE
City of Hastings One Half (.5) FTE
City of Inver Grove Heights One (1) FTE
City of Lakeville One (1) FTE
City of Rosemount One Quarter (.25) FTE
City of South St. Paul One Half (.5) FTE
City of ,Vest St. Paul One Half (.5) 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 Assistant Agent -in- Charge.
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.
Pace 4
9. Anent -in- Charge and Assistant Agent -in- Charge.
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 dash management, and
intellizence 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- Charze 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 tie Task Force.
9.4 From the Agents assigned by members, an Assistant Agent -in- Charge may
be appointed by the Board, with the concurrence of the Agent's member agency,
and serve at the Board's pleasure. The Assistant Agent -in- Charge 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 Assistant Agent -in
CharQe 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 Assistant Agent -in- Charge shall remain an
employee of the member city or County at all times.
9.5 The duties, responsibilities and authority of the Assistant Agent -in-
Charge, while the "Agent -in- Charge is absent, shall be the same as the Agent -in-
Charge as described in paragraph 9.2.
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
amonv Task Force members in proportion to . the "full -time equivalent"
contributions of each member of this agreement as set forth at paragraph 8.1
Pale 5
I
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. Headquarters. The Task Force is physically located in separate offices
at the City of Burnsville and Dakota County Sheriff's Office, which is provided
at no cost to the Task Force. All utilities, including electricity, heat, air
conditioning, and the like shall also be furnished to the Task Force without cost.
12. 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.
13. Duration.
13.1 This Agreement shall take full force and effect when all eleven potential
members, listed in paragraph 3 of this Agreement, sign it. 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.
13.2 This Agreement shall terminate on December 31, 2000, unless extended
by further written agreement of the parties.
13.3 This Agreement may be terminated at any time by the written agreement
of 61 of the members. v
13.' Upon termination of this Agreement, all property of the Task Force shall
be sold or distributed to the members in proportion to the `'full -time equivalent"
contributions of each member of this Agreement as set forth at paragraph 8A
.herein.
Iti 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.
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