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HomeMy WebLinkAbout15.A.2. 2004 SWMDTF Joint Powers Agreement IS. f}, 2" Cc~~~S~fu. CITY OF SHAKOPEE c-v ,'~ ,. t :~; , Police Department Memorandum TO: Honorable Mayor and City Council Mark McNeill, City Administrator FROM: Dan Hughes, Chief of Police ~ SUBJECT: 2004 Southwest Metro Drug Task Force Joint Powers Agreement DATE: January 29,2004 INTRODUCTION: The Police Department is seeking approval of the 2004 Joint Powers Agreement between Southwest Metro Drug Task Force and the City of Shakopee Police Department. BACKGROUND: The purpose of the agreement is to provide a comprehensive effort to reduce drug trafficking in the City of Shakopee through the coordination of the multi-jurisdictional law enforcement agencies listed in the agreement. The Shakopee Police Department has participated in this Joint Powers Agreement for several years. Our legal counsel has reviewed and approved the agreement. BUDGET IMP ACT: The agreement identifies a cash contribution not to exceed $4,200.00. Funds exist in the drug forfeiture account. ACTION REQUESTED: If the Council concurs, they should pass a motion authorizing the appropriate city officials to enter into the 2004 Joint Powers Agreement between Southwest Metro Drug Task Force and the City of Shakopee Police Department, and authorize the expenditure of $4,200.00 from the drug forfeiture account. DH:pm Attachments: (1) SWMDTF Joint Powers Agreement 2004 Southwest Metro Drug Task Force Joint Powers Agreement January 1, 2004 - June 30, 2004 THIS AGREEMENT is made by and between Belle Plaine Police Department, Glencoe Police Department, Hutchinson Police Services, Lester Prairie Police Department, Minnetrista Public Safety Department, Shakopee Police Department, South Lake Minnetonka Police Department, Stewart Police Department, Winsted Police Department, Carver County, McLeod County, and Scott County through their respective law enforcement agencies. WHEREAS, Minn. Stat. Sec. 471.59 provides for the joint exercise of power by two or more governmental units and specifically allows for the joint exercise of police power; WHEREAS, The Southwest Metro Drug Task Force has been created by the parties for the interdiction of drug traffickers and street-level dealers in the named jurisdictions; NOW, THEREFORE, in consideration of the mutual promises contained herein, the parties agree as follows: I. Purpose The purpose of the Southwest Metro Drug Task Force is to provide a comprehensive and multi-jurisdictional effort to reduce drug trafficking and eliminate local street-level dealers through the coordination of the law enforcement agencies above. Once established, the task force operations are to be coordinated by the Southwest Metro Drug Task Force Executive Committee, which is comprised of one designated official from each named agency. This joint powers agreement is being established for a 6-month period commencing on January 1,2004, and ending on June 30, 2004. This is the current time allocated for funding from the State of Minnesota for this task force. For the year 2004, the task force investigators will be located within their employing agency's office. Investigators will be licensed peace officers paid through the task force funds comprised of pooled federal and local moneys. Investigators will act as gatherers of information and investigators of specific cases. Participating agencies will be responsible for investigating illegal drug offenses within their own jurisdiction. Task force personnel will be available to assist in the investigation(s), provide technical advice and support, and provide needed equipment, if available. Investigators assigned to the task force will have discretionary powers of arrest in all jurisdictions. Offenses taking place in a specific jurisdiction will involve the prosecution of those individuals by that jurisdiction's prosecuting attorney. Pursuant to Minn. Stat. Sec. 471.59, Subd.l2, agents licensed as Minnesota Peace Officers may cross-jurisdictional boundaries for all purposes reasonable and necessary to accomplish the goals of this Agreement. II. Funding The task force is to be funded by a combination of federal money, state money, local contributions, donations, and forfeited money. The Southwest Metro Drug Task Force has applied for and anticipates receiving a federal grant in the amount of $94,564.00. This amount is approximately ~ of our annual grant award. We anticipate that additional funds will be granted after June 30 that will allow us to continue to operate for the full year of 2004. However, without knowing the status of the funding, this JP A is set for 6 months. Should additional funding become available after June 30, 2004, a new JP A will be written and signed for the months of July 1, 2004 through December 31,2004. The grant amount, plus a cash contribution from each named jurisdiction, shall be transferred to the Southwest Metro Drug Task Force under the auspice of the assigned Task Force Coordinator for the administration of the task force. The cash contribution from each named jurisdiction shall be as follows and shall be ~ of their normal membership dues: 1) Belle Plaine Police Department $l,050.00; 2) Glencoe Police Department $l,050.00; 3) Hutchinson Police Services $4,200.00; 4) Lester Prairie Police Department $1,050.00; 5) Minnetrista Public Safety Department $2,100.00; 6) Shakopee Police Department $4,200.00; 7) South Lake Minnetonka Police Department $4,200.00; 8) Stewart Police Department; $2,100.00; 9) Winsted Police Department $1,050.00; 10) Carver County $4,200.00; 11) McLeod County $4,200.00; 12) Scott County $4,200.00. The Southwest Metro Drug Task Force may disperse funds for purposes including, but not limited to, pension payments, insurance and other costs, according to applicable State Law and with the agreement of the parties. The books, records and documents relevant to this agreement shall be subject to audit by the parties or the State of Minnesota at reasonable times upon written notice. Strict accountability of all funds, receipts and disbursements shall be provided for. For the term January 1, 2004 - June 30, 2004, the City of Shakopee agrees to be responsible for the keeping of all financial records, preparing and filing all necessary forms and reports in connection with grant funding, and audits required. III. Term This agreement shall commence January 1,2004 and till terminate on June 30, 2004. 2 IV. Liability With respect to civil liability claims, each party to this agreement shall be liable for its own acts and omissions to the extent provided for by law, and hereby agrees to indemnify, hold harmless and defend other named parties to this agreement, its officers, agents and employees against any and all liability, loss, costs, damages, expenses, claims or actions, including reasonable attorney's fees, arising out of, or by reason of any act or omission in the execution, performance, or failure to adequately perform its obligations. This provision to indemnify and hold harmless does not constitute a waiver by any named party to limitations on liability provided by Minn. Stat. Sec. 466. Further, all worker's compensation claims shall be handled in the jurisdiction in which the investigator is employed. V. Distribution of Property All forfeitures of property, money and other assets will be divided among participating agencies at the termination of the program. All permitted equipment purchased through the program shall be shared by participating agencies on a need basis during and after program termination. VI. Termination When the task force is disbanded, after any outstanding financial obligations are met, the Executive Committee will establish a plan for disbursement of operating and forfeiture funds and equipment among participating agencies based on their level of participation. If an agency leaves the task force and it is not disbanded, they relinquish all funds contributed to the task force. VII. General Provisions This program is to be administered under the jurisdiction of the MN Department of Public Safety. All activities are to be consistent with and subject to the grant application (attached and incorporated), as well as applicable state and local laws. 3 VII. Coordination Overall governance of the task force operations, including the setting of investigative priorities and general operative procedures, will be vested in the Executive Committee. All persons assigned to the task force shall work under the direct supervision of their employing agency's chain of command. The members of the Executive Committee will assign the Task Force Coordinator. IX. Addendum For the term of this agreement, the Executive Committee recognizes Belle Plaine Police Department, Glencoe Police Department, Lester Prairie Police Department, and Winsted Police Department as associate members of the Southwest Metro Drug Task Force. An associate membership allows for a contribution less than the amount required of full members, but does not allow for voting powers with the Executive Committee, or the sharing of forfeited funds upon termination. Dated this day of , 2004 By: Peter Ivy, Assistant Carver County Attorney Agency: Dated: Signed: Title: McLeod County Sheriff s Department Signed: Title: Hutchinson Police Services Signed: Title: Glencoe Police Department Signed: Title: Stewart Police Department Signed: Title: Lester Prairie Police Department Signed: Title: Winsted Police Department Signed: Title: Carver County Sheriff s Office 4 Signed: Title: Scott County Sheriff s Department Signed: Title: Shakopee Police Department Signed: Title: Belle Plaine Police Department Signed: Title: South Lake Minnetonka Police Department Signed: Title: Minnetrista Public Safety 5 Southwest Metro Drug Task Force Joint Powers Agreement January 1,2004 - June 20, 2004 Approved by the City Council of the City of Shakopee On February 3, 2004. John J. Schmitt, Mayor Mark McNeill, City Administrator Judith S. Cox, City Clerk