Loading...
HomeMy WebLinkAbout5.B.1. Tri-City Tactical Team Joint Powers Agreement 5 6, J, CITY OF SHAKOPEE POLICE DEPARTMENT Memorandum c' ~ A,', I' ",",' (f'!.: ~,', Ill,' ~',l'l!ilII_ Ii" , , 'to. 'f. j . t.Jr'\)Lf~ I TO: Mayor and City Council Mark McNeill, City Administrator FROM: Captain Jeff Tate SUBJECT: Tri-City Tactical Team Joint Powers Agreement DATE: March 31, 2008 INTRODUCTION: Council is asked to approve the attached Tri-City Tactical Team Joint Powers Agreement. The Tri-City Tactical Team Joint Powers Agreement includes the following Minnesota municipal corporations: City of Savage, City of Prior Lake, City of Shako pee, and the Minnesota political subdivision Scott County. BACKGROUND: The Minnesota municipal corporations (cities of Savage, Prior Lake, Shakopee, and the political subdivision of Scott County) are requesting the signing of a Tri-City Tactical Team Joint Powers Agreement. The Tri-City Tactical Team Joint Powers Agreement allows the municipal corporations and political subdivisions to establish, equip and operate an organization to coordinate their efforts to develop and provide a joint response to critical incidents or high risk situations in their jurisdictions where there is a risk of criminal violence, through the use of negotiations and specialized tactics. We have requested that each of our City Attorneys review the updated document and make suggestions. The Shakopee City Attorney has reviewed the attached document. VISIONING RELATIONSHIP: This action supports: Goal B - High Quality of life. Strategy 6: Provide high quality services AL TERNATIVES: 1. Approve the Tri-City Tactical Team Joint Powers Agreement. 2. Deny the Tri-City Tactical Team Joint Powers Agreement. 3. Table and provide staff with direction. RECOMMENDATION: Staff recommends approval of the Tri-City Tactical Team Joint Powers Agreement. ACTION REQUESTED: The City Council, if they concur, should by motion authorize the appropriate city officials to execute the Tri-City Joint Powers Agreement with Scott County and the cities of Prior Lake and Savage. Attachment (1) Tri -City Joint Powers Agreement JOINT POWERS AGREEMENT TRI-CITY TACTICAL TEAM COUNTY AND CITIES WITHIN SCOTT COUNTY MINNESOTA This Joint Powers Agreement ("Agreement"), dated this 8th day of April, 2008, is entered into by and between the County of Scott, a Minnesota political subdivision ("Scott County"), the City of Prior Lake, a Minnesota municipal corporation ("Prior Lake"), the City of Savage, a Minnesota municipal corporation ("Savage") and the City of Shakopee, a Minnesota municipal corporation ("Shakopee"). The parties shall hereinafter be referred to collectively as the "Members" of the Tri-City Tactical Team ("TCTT"). WHEREAS, the Members are entering into this Agreement to establish, equip and operate an organization to coordinate their efforts to develop and provide a joint response to critical incidents or high risk situations in their jurisdictions where there is a risk of criminal violence, through the use of negotiations and specialized tactics; and, WHEREAS, this Agreement is made pursuant to the authority conferred upon the parties by Minnesota Statues Section 471,59; and, NOW, THEREFORE, IT IS HEREBY AGREED as follows: SECTION I GENERAL PURPOSE 1.1 The purpose of this Agreement is to establish an organization, the TCTT, to jointly and cooperatively coordinate efforts to develop and provide a response to critical incidents or high risk situations where there is a risk of criminal violence occurring with the jurisdictions of the Members of the TCTT. SECTION II ORGANIZATION 2.1 Governing Board. The "Governing Board" (or "Board") of the TCTT shall consist of the following: The Chief Law Enforcement Officer of each Member, one (1) appointee appointed by the Scott County Attorney, all of whom shall have voting rights, and the Team Commander and the Assistant Team Commander of Administration, neither of whom have voting rights. A. All appointees to the Governing Board, with the exception of the appointee of the Scott County Attorney, shall be full-time peace officers employed by the appointing Member. B. Resolutions or other documentation ofthe appointments shall be filed with each Member's records department. C. Appointees to the Governing Board shall not be deemed to be employees of the TCTT and shall not be compensated by the TCTT for their services. 2.2 Duties of the Governing Board. A. The Governing Board shall develop and adopt policies and procedures for the TCTI. B. The Governing Board shall coordinate information between the Members and the TCTI. C. The Governing Board shall appoint and supervise a Team Commander of TCTI, an Assistant Team Commander of Administration and an Assistant Team Commander of Operations. The Team Commander and The Assistant Team Commanders shall be employees of the Members and shall remain employees of the employing Members. Appointments of the Team Commander and Assistant Team Commanders shall require the concurrence of the employing Member's Chief Law Enforcement Officer. The appointment of an individual as Team Commander or an Assistant Team Commander pursuant to this Agreement shall not obligate the appointing Member to pay to its employee so appointed either supervisory or other premmm pay. 2.3 Powers of the Governing Board: A. 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 (1) year. No payment of any invoice shall be authorized unless approved by at least three of the five voting members ofthe Governing Board. The Team Commander of Administration shall report any invoice payments made to the Governing Board at its next meeting. B. The Governing Board may contract with any Member to provide budgeting and accounting services necessary or convenient for the Governing Board. Such services may include, but are not limited to: management of funds, payment for contracted services and other purchases, and necessary book- keeping and record keeping. C. The Governing Board shall disburse funds in a manner which is consistent with this Agreement and, if applicable, with the method provided by law for the disbursement of funds by the Member under contract to provide budgeting and accounting services. D. 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, 2.ssociation, or agency for any of its purposes; enter into any agreement in conn:::'lion 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. E. The Governing Board must obtain and maintain liability insurance in amounts not less than the statutory liability limits established under Minnesota Statutes Chapter 466 and may obtain other insurance it deems necessary to insure the TCTT, the Governing Board, its members and employees of the Members for actions arising out of this Agreement. Employees of Members who respond to a request for assistance will be deemed to be taking actions pursuant to this Agreement from the time they commence traveling to the location where assistance is required until the time the Team Commander or Assistant Team Commander of Operations makes the decision to recall the team. F. All powers granted herein shall be exercised by the Governing Board in a fiscally responsible manner and in accordance with the requirements of law. G. The Governing Board may cooperate with other federal, state and local law enforcement agencies to accomplish the purpose for which it is organized. 2.4 Terms. Appointees to the Governing Board shall serve at the pleasure of the appomtmg Member, and may be removed only by the appointing Member. The Governing Board appointee of the Scott County Attorney shall serve at the pleasure of the Scott County Attorney, and may be removed only by the Scott County Attorney. 2.5 Meetings. The Governing Board shall have regular quarterly meetings. Special meetings may be held by giving reasonable notice to all Members. The presence of a simple majority of the Governing Board members shall constitute a quorum. In the event that a Member's appointee to the Governing Board is unable to attend a meeting, the Member's chief law enforcement officer may assign an alternate to attend and vote in his or her place. 2.6 Voting. Each Board member appointed by a Member of the Scott County Attorney shall have one (1) vote at any meeting of the Governing Board. Except for alternates assigned by a chief law enforcement officer pursuant to Section 2.5, 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. 2.7 Organizational Structure. A. The Governing Board shall supervise the operations of the TCTT. B. The Team Commander, appointed by the Governing Board, shall direct and supervise the operations of the TCTT. The Team Commander shall be assisted by two Assistant Team Commanders, also appointed by the Governing Board. One Assistant Team Commander shall be responsible for administration ("Assistant Team Commander of Administration"); the other Team Commander shal; be in charge of operations ("Assistant Team Commander of Operations"). 2.8 Additional Members. Other entities may join the TCTT and become a member upon approva' by the Governing Board and execution of an amendment to this Agreement. SECTION III BUDGET AND FINANCE 3.01 By April 30th 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. Each Member shall have a line item in its own budget dedicated to the TCTI. 3.02 The Members intend to fund the TCTI through annual contributions paid by each Member. The Governing Board shall establish the contribution amount by May 31st of the year prior to the year when the contribution is payable, in order to make certain that each Member city council and the County Board include the contribution amount in their adopted budgets. 3.03 All TCTI funds shall be accounted for according to generally accepted accounting principles. A report on all receipts and disbursements shall be forwarded by the Assistant Team Commander of Administration to the Members quarterly and on an annual basis. SECTION IV EQUIPMENT AND PROPERTY 4.01 Equipment provided by a Member pursuant to the Agreement shall remain under the direction and control of that Member and also under the tactical control of the licensed peace officer in command of the scene of the jurisdiction to which assistance is being provided. All individually owned property brought into the TCTI, or to the scene of an incident where the TCTI is deployed, shall remain the property of that Member. Any property purchased by the TCTI shall remain the property of the TCTI. In the event the TCTI is disbanded, the remaining property owned by the TCTI shall be distributed equally, or sold with the proceeds distributed equally, to the current members ofthis Agreement. 4.02 Each Member shall be responsible for damage to or loss of its own equipment occurring during deployment of the TCTT. Each Member waives the right to sue the TCTI and any other Member 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 Member or its officers, employees or agents. 4.03 A standard individual uniform and equipment list shall be established by the Governing Board.. TCTI personnel shall be uniformed and equipped by their Member agency. The costs for individual uniform and equipment items shall be incurred by the Member's agency and not the TCTI. Individual uniform and equipment costs shall not be part of the TCTI budget. SECTION V EMPLOYEES 5.01 Workers Compensation. Each Member shall be responsible for injuries to or death of its own employees in conjunction with services provided pursuant to the Agreement. Each Member shall maintain workers' compensation coverage or self-insurance coverage, covering its own personnel while they are providing assistance as a member of the TCTT. Each Member to this Agreement waives the right to sue any other Member 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 Member or its officers, employees or agents. 5.02 Any employee of a Member responding to a critical incident or high risk situation where the TCTT is involved shall not be considered to be an employee of the TCTT. The employee shall remain an employee of the Member that has assigned him or her to the TCTT and shall be paid by that Member, not the TCTT. Governing Board members also shall not be considered to be employees of the TCTT. Governing Board members shall be paid by the appointing Member, not the TCTT. 5.03 Employees of Members responding to a critical incident or high risk situation where the TCTT is involved will work cooperatively with other Members' employees. Assigned officers acting under this Agreement in the jurisdiction of another Member 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. 5.04 The Member dispatching the employee shall furnish the employee with a weapon and a vehicle and pay any lease/loan payments, insurance, maintenance and operating costs for the vehicle. SECTION VI INDEMNIFICATION 6.01 The TCTT shall defend and indemnify Members for any claims arising out of actions taken by the Governing Board, it Board members, team commanders or assistant team commanders pursuant to this Agreement. The TCTT shall defend and indemnify the employees of any Member acting pursuant to this Agreement except for any act or omission for which the employee is guilty of malfeasance, willful neglect of duty, or bad faith. This Agreement to defend and indemnify does not constitute a waiver by the TCTT or any Member of the limitations on liability provided by Minnesota Statutes Chapter 466. In no event shall the statutory limits provided for in Minnesota Statutes Chapter 466 be aggregated to make each Party liable beyond the statutory limits. SECTION VII DURATION, DISSOLUTION OF THE AGREEMENT 7.01 Dissolution. This Agreement shall remain in full force and effect unless a majority of the Members' governing bodies vote in favor of dissolution, if dissolution is necessitated by operation of law as a result of a decision by a court of competent jurisdiction, or when a majority of remaining Members agree to terminate the Agreement upon a date certain. 7.02 Withdrawal. Any Member to this Agreement may terminate its participation in this Agreement upon thirty days written notice to the Governing Board. No refund will be made by the TCTI of the annual contribution paid by the withdrawing Member. Withdrawal by any Member shall not terminate this Agreement with respect to any Members who have not withdrawn. Withdrawal shall not discharge any liability incurred by any Member prior to withdrawal. Such liability shall continue until discharged by law or agreement. 7.03 Effect of Termination. Termination shall not discharge any liability incurred by the TCTI or by the Members during the term of this Agreement. Upon termination of this Agreement and after payment of all outstanding obligations, property, equipment or surplus money held by the TCTI shall be disbursed as follows: A. Any individually-owned property and equipment brought into the TCTI by By a Member remains the property of that Member; and B. Any remaining property, equipment and any surplus money owned by the TCTI shall be distributed equally to the current Members. SECTION VIII AMENDMENT 8.01 Modification. This Agreement sets forth all understandings of the Members. All prior agreements, understandings, representations whether consistent or inconsistent, verbal or written, concerning this Agreement, are merged into and superseded by this written Agreement. No modification or amendment to the Agreement shall be binding on any Member unless each Member agrees in writing to the proposed change or amendment. 8.02 Submittal. Any member wishing to submit an amendment to this Agreement shall do so by submitting a written proposal to the Governing Board at a regularly scheduled or special meeting. The Governing Board shall forward the proposed amendment, with a recommendation, to each Member, within ninety days ofreceipt ofthe proposed amendment. 8.03 Response to Proposed Amendment. Each Member agency shall respond to a proposed amendment within sixty days of receipt from the Governing Board. If no response is received from any Member, the amendment is deemed to be rejected. IN WITNESS WHEREOF, the parties have caused this Joint Powers Agreement to be duly executed, the day and year first above written, intending to be bound thereby. COUNTY OF SCOTT By: Barbara Marschall, Chair Board of Scott County Commissioners Kevin S tudnika Scott County Sheriff Date: ,2008 Date: ,2008 Attested to: Approved as to form: David J. Unmacht Scott County Administrator Pat Ciliberto Scott County Attorney Date: ,2008 Date: ,2008 CITY OF PRIOR LAKE By: Jack Haugen Mayor, City of Prior Lake Attested to: Frank Boyles Prior Lake City Manager Date: ,2008 William O'Rourke Prior Lake Police Chief Approved as to form: Susean L. Pace Prior Lake City Attorney CITY OF SA V AGE By: Mayor, City of Savage Attested to: Barry Stock Savage City Administrator Date: ,2008 Rodney Seurer Savage Police Chief Approved as to form: Richard F. Rosow Savage City Attorney CITY OF SHAKO PEE By: John Schmitt Mayor, City of Shakopee Attested to: Approved as to form: Mark McNeill Shakopee City Administrator James J. Thomson Shakopee City Attorney Judith S. Cox City Clerk Date: ,2008