HomeMy WebLinkAbout6.q. Joint Powers Agreement - City of Apple Valley, City of Rosemount and Dakota County Law Enforcement and Community Services Coordinated Response Pilot
EXECUTIVE SUMMARY
City Council Meeting: March 16, 2021
AGENDA ITEM: Joint Powers Agreement – City of Apple
Valley, City of Rosemount and Dakota
County for Law Enforcement and
Community Services Coordinated
Response Pilot
AGENDA SECTION:
Consent
PREPARED BY: Mikael Dahlstrom, Chief of Police AGENDA NO. 6.q.
ATTACHMENTS: Joint Powers Agreement APPROVED BY: LJM
RECOMMENDED ACTION: Motion to approve and sign the Joint Powers Agreement
between the City of Rosemount, City of Apple Valley, and Dakota County Community
Services.
SUMMARY
From 2016 to 2019, the police department experienced a 60% increase in “check the welfare” calls for
service, and in 2019 alone, officers responded to more than 400 mental health-related calls. These local
numbers align with national trends that show the number police calls for behavioral health is increasing.
With the upsurge of these calls came several challenges. While these complex calls can be very time
consuming and require specialized crisis intervention/de-escalation training, officers experienced repeated
contacts with the same individuals. As our mission statement indicates, our Departments strives to resolve
problems; too often, it appeared the resources available to stabilize those in crisis were limited and thus led
to diminishing and/or cyclical problems.
In December of 2019, our Department partnered with the Apple Valley Police Department to write a
letter of interest with the hopes of joining a pilot project in Dakota County; the pilot partnered law
enforcement with social services to create a coordinated response model to mental health. The goal of the
pilot was to become more effective with response, efficient with system resources (i.e. law enforcement
and social services), provide stabilization resources more readily, and divert individuals before they enter
the criminal justice system, emergency system, or other more restrictive options. We were selected to help
expand the coordinated response model in Dakota County; the program was started in South St. Paul and
West Paul in the beginning of 2019.
Our target population is individuals residing in the cities of Rosemount and Apple Valley who are
experiencing mental health challenges, chemical dependency issues, homelessness, and many other crises
related to their well-being. The pilot program will focus on those with complex needs who would benefit
from further assistance and to improve future police contacts with these individuals. Lastly, this program
will support and encourage mental health wellness, work towards reducing the stigma of mental illness,
and provide education for our agencies and citizens about law enforcement contacts related to mental
health.
RECOMMENDATION
Staff recommends the Council approve the JPA for the Coordinated Community Response program.
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JOINT POWERS AGREEMENT
BETWEEN CITY OF APPLE VALLEY, CITY OF ROSEMOUNT AND
DAKOTA COUNTY FOR LAW ENFORCEMENT AND
COMMUNITY SERVICES COORDINATED RESPONSE PILOT
THIS AGREEMENT ("Agreement") is made and entered into by and between the City of Apple
Valley, by and through its City Council, 7100 147th St. W., Apple Valley, MN 55124; the City of
Rosemount, by and through its City Council, 2875 145th St. W., Rosemount, MN 55068
(hereinafter collectively known as "Cities"); and Dakota County, by and through its Community
Services Department (DCCS), 1 Mendota Rd. W., West St. Paul, MN 55118 (hereinafter “County”).
WHEREAS, pursuant to the provisions of Minn. Stat. § 471.59, Cities and County are
authorized to enter into an agreement to exercise jointly or cooperatively governmental powers
common to each and to permit one governmental entity to perform services or functions for or with
another governmental unit; and
WHEREAS, mental health crisis response is required to be provided by Cities and County in
accordance with applicable federal, and state, laws, statutes, rules and regulations; and
WHEREAS, Cities desire to receive services from County to assist people who need mental
health crisis services on a prompt basis to protect their health, safety, and welfare.
NOW, THEREFORE, in consideration of the mutual covenants contained herein, it is agreed, by
and between the parties as follows:
1. PURPOSE.
The purpose of the Pilot is to implement a more coordinated response by the parties to address
increased law enforcement involvement in calls for service that may require the need for services
and programs offered by County. The implementation will take place utilizing a Mental Health
Coordinator (Coordinator) position. Throughout the Pilot, the parties will continue to develop
and evaluate effective and timely service models. The goal of the Pilot is to assist the Cities’
police departments (“Law Enforcement”) to transition to a permanent service model(s) that will
be memorialized between the parties in a future agreement.
2. TERM.
This Joint Powers Agreement will become effective on the date that the Agreement has been
executed by Cities and County, through 12:00 A.M. on December 31, 2021, and unless
terminated earlier in writing. This Agreement may be terminated with or without cause by
either Cities or County upon ninety (90) days' written notice to the other party to this
Agreement.
.
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Notwithstanding the above, Cities may immediately terminate this Agreement at any time if the
health, safety, or welfare of any person receiving services or entitled to receive services under
this Agreement is at risk because of the actions or inaction of County.
3. AUTHORIZED REPRESENTATIVE.
The named persons, in the positions stated below, or their successors in title, are designated the
Authorized Representatives of the parties for purposes of this Agreement. Notifications required
to be provided by the terms of this Agreement and invoices, if any, to be submitted and payments
made shall be provided to the following named persons unless otherwise stated in this
Agreement:
TO COUNTY: TO CITIES:
Emily Schug Captain Greg Dahlstrom
Deputy Director Social Services Apple Valley Police Department
Emily.Schug@co.dakota.mn.us GDahlstrom@cityofapplevalley.org
651) 554-6316 (952) 953-2704
Chief Mike Dahlstrom
Rosemount Police Department
Mikael.Dahlstrom@ci.rosemount.mn.us
(651) 440-2151
4. COUNTY'S RESPONSIBILITIES.
County will:
A. Provide and supervise the Coordinator who is licensed as a Mental Health Professional
(Minn. Stat. § 245.462, subd. 18).
The Coordinator will:
1. Provide over-all Pilot administration, coordination and assessment;
2. Educate Law Enforcement on mental health crisis and emergency services
offered by Dakota County Social Services (DCSS), including the roles and
responsibilities of the 24 hour, seven days a week, Crisis Response Unit (CRU)
and on-going mental health services and programs;
3. Educate Law Enforcement on other services and programs offered by County
that could benefit individuals/households who come into contact with Law
Enforcement;
4. Respond, when available and assistance is requested, with Law Enforcement to a
mental health crisis or emergency, consistent with roles and responsibilities
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defined in Minn. Stat §§ 256B.0624 and 256B.0944, and in coordination with
the DCSS’s 24 hours, seven days a week, CRU.
5. Work with Law Enforcement (as directed by the assigned DCSS case manager
and/or CRU staff) in providing a timely follow-up contact with the
individual/household after a crisis/emergency mental health call or crisis
intervention to educate on resources offered by DCSS in accordance with Minn.
Stat. §§ 256B.0624 and 256B.0944;
6. Assist Law Enforcement in outreach to determine if the individual/household is
interested in voluntarily working with DCSS mental health professionals and
Law Enforcement in developing a mental health crisis response plan accessible
through the CRU 24/7 in an emergency as permitted by Minn. Stat. § 13.46,
subd. 2(a)(10);
7. Work with Law Enforcement in providing a timely follow-up contact with the
individual/household to determine if the individual/household is interested in
and/or eligible for other services and programs offered through County or other
community-based organizations, including networking outreach to potential
community resources and service providers;
8. Create procedures to guide work for the duration of the Pilot;
9. Coordinate the Pilot evaluation pursuant to Section 8;
10. Coordinate with Pilot projects in other jurisdictions; and
11. Continue problem solving with Law Enforcement and other stakeholders to
identify proposed solutions with the goal of creating a permanent service model
that may be replicated in other jurisdictions.
B. In support of the Pilot, County will:
1. Provide necessary resources to support the Coordinator with equipment and
training to facilitate Pilot activities,
2. Supervise the Coordinator;
3. Facilitate connection and “warm handoffs” to the various services and programs
within County and to community resources and service providers; and
4. Maintain a database of evaluation data and report summary data to all partners.
C. County shall participate in meetings between Cities and County staff members to review
the services provided pursuant to the Agreement.
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5. CITIES' RESPONSIBILITIES.
Cities will:
A. Identify and dedicate resources to:
1. Work with the Coordinator for Pilot administration, coordination and
assessment;
2. Coordinate education of officers and other Law Enforcement staff about the
Pilot and DCCS programs and services including the role and responsibilities of
the CRU;
3. Educate and train the Coordinator and any other participating DCCS staff on
Law Enforcement’s response to crisis and emergency service calls, including the
role and responsibilities of Law Enforcement.
4. Identify individuals/households to the Coordinator who may benefit from the
Pilot;
5. Work with the Coordinator, the CRU and DCSS mental health professionals to
provide timely follow-up with the individual/household as provided in Section
4;
6. Work with the Coordinator, the CRU and DCSS mental health professionals to
develop the crisis response plan as provided in Section 4;
7. Work with the Coordinator to create procedures to guide work for the duration
of the Pilot;
8. Work with the Coordinator in the Pilot evaluation pursuant to Section 8; and
9. Continue problem solving with the Coordinator and other stakeholders to
identify proposed solutions with the goal of creating a permanent service model
that may be replicated in other jurisdictions.
B. Provide Coordinator with a work space, equipment and necessary internet and other
connections.
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6. JOINT RESPONSIBILITIES.
The parties will jointly:
A. Meet regularly during the term of the Pilot to review and evaluate performance
objectives and provide guidance to staff.
B. Facilitate relationship-building with community agencies, treatment providers,
Community Corrections, hospitals and community-based service providers to enhance
understanding and reduce barriers to providing services to individuals with complex
service needs.
C. Attend and/or organize relevant trainings conducted by DCCS or other agencies.
D. Commit to training on policy and procedures for the Pilot and for use of the CRU.
E. Attend joint Co-Response project meetings convened to discuss countywide Co-
Response trainings and programs as well as attend any countywide trainings or programs.
7. OVERSIGHT AND IMPLEMENTATION.
Steering Committee. The Pilot will be overseen by a Steering Team comprised of the DCSS
Director or Deputy Director, and chief of police from the Cities of Apple Valley and
Rosemount. One additional member from each of the City Police Departments and County
shall be designated by each jurisdiction to participate in the Steering Committee, others may
be invited to attend meetings and assist with collaborative planning, implementation, and
evaluation activities. The role of the Steering Committee is to provide strategic vision,
structure and oversight of the Pilot. The responsibilities of the Steering Committee include:
A. To provide strategic oversight for the Pilot, including defining scope, priority, desired
results and key deliverables;
B. To serve as “champions” for the Pilot, garnering support, removing obstacles, and
resolving escalated issues;
C. To obtain and allocate resources to support the design, implementation and evaluation
of the Pilot throughout its duration;
D. To provide feedback and decisions in response to recommendations from the system
stakeholders;
E. To monitor and evaluate Pilot progress;
F. To designate key subject matter experts, as needed, to support specific components of
the Pilot planning, design or operations;
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G. To designate staff to oversee and manage day-to-day activities and implement the
strategic operations of the Pilot; and
H. To ensure strategic alignment and support Pilot success.
8. EVALUATION.
The Pilot will be evaluated according to an evaluation design, led by the Dakota County Office
of Performance and Analysis, that is collaboratively developed by the parties. DCCS will have
the lead role in collecting and analyzing data and will present summary data to the parties,
along with a summary of Pilot activities due no less than on the last day of the month following
the end of the 2021 full year term with quarterly reports preferred.
All Pilot evaluation data will be reported as summary data.
9. INDEPENDENT CONTRACTOR.
It is agreed that nothing contained in this Agreement is intended or should be construed as
creating the relationship of agents, partners, joint ventures, or associates between the parties
hereto or as constituting either County as the employee of the Cities for any purpose or in any
manner whatsoever. County is an independent contractor and neither it nor its employees,
agents, or representatives are employees of Cities.
10. LIABILITY AND INDEMNIFICATION.
A. County and Cities agree to indemnify, defend and hold harmless the other, its officers,
agents and employees against any and all liability, loss, costs, damages, claims or
actions its officers, agents or employees may hereafter sustain, incur, or be required to
pay, arising out of or by reason of any act or omission of the indemnifying party, its
officers, agents, or employees, in the execution, performance or failure to adequately
perform its obligations pursuant to this Agreement.
B. To the full extent permitted by law, actions by the parties pursuant to this Agreement are
intended to be and shall be construed as a "cooperative activity" and it is the intent of
the parties that they shall be deemed a "single governmental unit" for the purposes of
liability, all as set forth in Minnesota Statutes, Section 471.59, subd. 1a provided further
that for purposes of the statute, each party to this Agreement expressly declines
responsibility for the acts or omissions of the other party. Each party also specifically
intends that the single tort cap limits specified for cooperative agreements under Minn.
Stat.§ 471.59, subd. la, or as such statute may be amended or modified from time to
time, shall apply to this Agreement and to the activities of the parties hereunder. The
statutory limits for the parties may not be added together or stacked to increase the
maximum amount of liability for either party.
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C. Each party to this agreement shall be liable for the acts of their own officers, employees,
and/or agents and the results thereof to the extent authorized by law and shall not be
responsible for the acts of the other party, its officers, employees, and/or agents. It is
understood and agreed the provisions of the Municipal Tort Claims Act, Minn. Stat. Ch.
466, and other applicable laws govern liability arising from the parties’ acts or
omissions. Each party warrants they can comply with the indemnity requirements
through an insurance or self-insurance program and each has minimum coverage
consistent with the liability limits contained in Minn. Stat. Ch. 466.
11. NON-ASSIGNABILITY.
County shall not assign any interest in this Agreement and shall not transfer any interest in the
same, whether by subcontract, assignment or novation, without the prior written consent of
Cities.
12. EQUAL EMPLOYMENT OPPORTUNITY.
County agrees to comply with all federal, state and local laws, resolutions, ordinances, rules,
regulations and executive orders pertaining to unlawful discrimination because of race, color,
creed, religion, national origin, sex, marital status, status with regard to public assistance, sexual
orientation, disability, or age. When required by law or when validly requested by Cities,
County shall furnish a written affirmative action plan.
13. WORKPLACE VIOLENCE PREVENTION.
County shall make all reasonable efforts to ensure its employees, officials and subcontractors
do not engage in violence, as defined by the Dakota County Policy 5517 Violence Prevention
in the Workplace, while performing under this Agreement.
14. DATA PRACTICES.
A. Data Privacy and Security. The parties will comply with all applicable data practices
laws, including but not limited to the Minnesota Government Data Practices Act
(MGDPA), Minn. Stat. Ch. 13 and the Minnesota Rules implementing the MGDPA, as
amended, as well as any applicable state or federal laws on data privacy and security.
The parties are mindful that when exchanging private data only the minimum necessary
data will be provided. The exchange, use and protection of private data must be in
compliance with the signed Dakota County Informed Consent to Release Private Data.
All data created, collected, received, stored, used, maintained, or disseminated by the
parties in the performance of their roles and responsibilities are subject to the
requirements of the MGDPA, the Minnesota Rules implementing the MGDPA, as
amended, as well as any applicable state or federal laws on data privacy and security.
This paragraph is required by the MGDPA and includes the remedies set forth in Minn.
Stat. § 13.08.
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B. Health Information and Chemical Dependency Data. If applicable, the parties agree to
comply with the requirements of the Health Insurance Portability and Accountability
Act (“HIPAA”) and the Health Information Technology for Economic and Clinical
Health Act (“HITECH”) and any other applicable state or federal law. This includes
health data laws, including the Minnesota Health Records Act, Minn. Stat. §§
144.291.298, and 42 CFR Part 2 Confidentiality of Alcohol and Drug Abuse Patient
Records.
C. Records. Each party is responsible for maintaining, securing, and managing its own
records. The records will be maintained in accordance with each party’s applicable
record retention schedule. The parties will work cooperatively to ensure any reporting
requirements under this agreement are fulfilled.
D. Obtaining and Sharing Information. All necessary Tennessen Warning notices,
consents, releases, and authorizations shall be obtained prior to the collection, release,
exchange, or discussion of not public data, as that term is defined in Minn. Stat. § 13.02,
subd. 8a, unless such data collection, release, exchange, or discussion is otherwise
permitted by law or court order.
E. Data Storage. As part of the roles and responsibilities of the Coordinator, data related to
DCCS functions as defined by statute will be documented in the Social Services
Information System (SSIS). DCCS data collected for the Pilot evaluation will be
recorded in password protected database or spreadsheet within the DCCS network. Law
enforcement will not be given access to SSIS.
The terms of this Section shall survive the termination or expiration of the agreement and/or
Pilot.
15. COMPLIANCE WITH APPLICABLE LAW.
County and Cities agree to comply with all federal, state and local laws or ordinances, and all
applicable rules, regulations, and standards established by any agency of such governmental
units, which are now or hereafter promulgated insofar as they relate to its performance of the
provisions of this Agreement. It shall be the obligation of County and the Cities to apply for,
pay for, and obtain all permits and/or licenses required by any governmental agency for Cities
or County’s participation in this program.
16. AUDIT.
Under Minn. Stat.§ 16C.05, subd. 5, the books, records, documents, and accounting procedures
and practices of the parties are subject to examination by Cities or County or designees, the
State Auditor or the Legislative Auditor, as appropriate, for a minimum of six years from the
end of this Agreement.
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17. AMENDMENTS.
Any alteration, variation, modification, or waiver of the provisions of this Agreement shall be
valid only after it has been reduced to writing and duly signed by both parties.
18. INTERPRETATION OF AGREEMENT; VENUE.
This Agreement shall be interpreted and construed according to the laws of the State of
Minnesota. All litigation regarding this Agreement shall be venued in the appropriate state or
federal district court in Dakota County, Minnesota.
19. ENTIRE AGREEMENT.
This Agreement shall constitute the entire agreement between the parties and shall supersede all
prior oral or written negotiations.
WHEREFORE, this Agreement is duly executed on the last date written below.
CITY OF APPLE VALLEY COUNTY OF DAKOTA
By: By:
Mary Hamann-Roland
Mayor Apple Valley City Council
Dated: ________________________________
Mike Slavik, Chair
Dakota County Board of Commissioners
Dated: ___________________________
Pamela Gackstetter Jennifer Reynolds
City Clerk Sr. Administrative Coordinator to the Board
Dated: __________________________________ Dated: _____________________________
Approved as to form:
Approved as to form:
Sharon Hills, City Attorney/Date
/s/ G. Paul Beaumaster 9/22/20
Assistant County Attorney/Date
KS-20-110-3
Board Resolution No. __20-449__________
Contract No. ___C0033265____________
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CITY OF ROSEMOUNT
By:
Bill Droste
Mayor Rosemount City Council
Dated: ________________________________
Logan Martin
City Administrator
Dated: ___________________________________
Approved as to form:
Mary Tietjen, City Attorney/Date