HomeMy WebLinkAbout15.B.2. 2003 SWMDTF Joint Powers Agreement
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CON seN T
CITY OF SHAKOPEE
Police Department
Memorandum
TO: Honorable Mayor and City Council
Mark McNeill, City Administrator
FROM: Dan Hughes. Chief of Police ~
SUBJECT: 2003 Southwest Metro Drug Task Force Joint Powers Agreement
DATE: February 27,2003
INTRODUCTION:
The Police Department is seeking approval ofthe 2003 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 Shako pee through the coordination ofthe multi-jurisdictional
law enforcement agencies listed in the agreement. The Shakopee Police Department has
participated in this Joint Powers Agreement for several years.
BUDGET IMPACT:
The agreement identifies a cash contribution not to exceed $8,400.00 per year. Funds
exist in the drug forfeiture account.
ACTION REOUESTED:
If the Council concurs, they should pass a motion authorizing the appropriate city
officials to enter into the 2003 Joint Powers Agreement between Southwest Metro Drug
Task Force and the City of Shakopee Police Department, and authorize the expenditure of
$8,400 from the drug forfeiture account.
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Attachments: (1) SWMDTF Joint Powers Agreement 2003
Southwest Metro Drug Task Force
Joint Powers Agreement
January 1, 2003 - December 31, 2003
THIS AGREEMENT is made by and between Belle Plaine Police Department,
Hutchinson Police Services, Minnetrista Public Safety Department, Mound Police
Department, Shakopee Police Department, South Lake Minnetonka Police Departrrient,
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 m'o 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. For the year 2003, 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 agendes 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.12, 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$159,264.00.
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: 1) Belle Plaine Police Department
$2, lOO.OO; 2) Hutchinson Police Services $8,400.00; 3) Minnetrista Public Safety
Department $4,200.00; 4) Mound Police Department $8,400.00; 5) Shakopee Police
Department $8,400.00; 6) South Lake Minnetonka Police Department $8,400.00; 7)
Carver County $8,400.00; 8) McLeod County $8,400.00; 9) Scott County $8,400.00. 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, 2003 - December 31, 2003, 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 l, 2003 and till terminate on December 31,
2003.
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.
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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 a:nd other assets will be divided among participating
agencies at the. termination of the program. All pennitted 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
PlJ.blic 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.
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.
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IX.
Addendum
For the tenn of this agreement, the Executive Committee recognizes the City of Belle
Plaine as an associate member of the Southwest Metro Drug Task Force. An associate
membership allows for a contribution less than the amount required of full members, but
does /tot allow for voting powers with the Executive Committee, or the sharing of
forfeited funds upon termination.
Dated this 2 '1 ' 2003
By:
/~.. .'. I arver County Attorney
Peter Ivy, Assistant
Agency:
Dated:
Signed: Title:
Signed: Title:
Signed: Title:
Signed: Title:
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