HomeMy WebLinkAboutItem 06.d_.
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February 4, 2013 Item No.
a s ,s -• •-
Proposed Action
Staff recommends adoption of the following motion: Move to enter into an agreement
with the Dakota County Drug Task Force outlining each parties' responsibilities
regarding the Lakeville Police Department's agent being assigned as a drug dog
handler.
Overview
The Dakota County Drug Task Force utilizes a drug detection dog on a daily basis as a
critical component of their operations. The current drug detection dog is being retired
and must be replaced. The task force commander hag indicated that L akeville's agent
is the individual most well suited to be the next task force drug detection dog handler.
Primary Issues to Consider
Length of assignment: The task force requires a five year commitment from
drug dog handlers. This would require extending the duration of our current
agent's assignment.
Cost: Drug dog costs that are the responsibility of the task force include dog
acquisition, food, veterinary services, equipment and supplies, certification,
boarding and miscellaneous costs.
Officer stipend: As our agent already receives an investigator stipend in his
current assignment, no K9 stipend is required.
• Drug dog contract
• Exhibit A: Drug dog memorandum from the Dakota County Attorney's Office
• Exhibit B: Dakota County Drug Task Force Joint Powers Agreement
Thomas Vonhof
Chief of Police
Financial Impact: $ Budgeted: Y/N Source:
Related Documents (CIP, ERP, etc.):
Notes:
MEiYIORANDUM
DAKOTA COUNTY ATTORNEY'S OFFICE
JAMES C. BACKSTROM
COUNTY ATTORNEY
CIVIL DIVISION
Dakota County Judicial Center
Hastings, MN 55033 -2392
Telephone: (651) 438 -4438
DATE: January 10. 2011
TO: Sgt Dan Bi mconi. Dakota County Drug I ask Force
FROM: Margaret M I lorsch, Assistant County Attorney rfy\
RE: Contract for Drug Detection Dot
Our File No. Ks -12- -58
Enclosed please find the original of the above- referenced contract which I have approved as to form.
Also enclosed is an Amended Memorandurn from Phil Prokopowicz, regarding the Drug Detection
Dog. After obtaining the appropriate signatures, please forward a scanned image of the fully- executed
document to me by email so that we may close our file.
Thank you
MMII /vmd
Attachments
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The Dakota County Drug Task Force (Drug Task Force), by and through the Dakota County Drug Task Force
Administrative Board, and the City of Lakeville, a Member of the Dakota County Drug Task Force, through its
City Council, in consideration of the mutual promises and agreements contained 'herein, hereby agree as
follows.
1 TERM The term of this Contract is from the date of execution by all parties through March 31, 2018,
unless earlier terminated by law or according to the provisions of this Contract.
2 SCOPE OF SERV The duties and responsibilities of the parties for the purchase, care and
handling of a drug detection dog are stated and described in the Amended Memorandum Regarding Drug
Detection Dog, dated January 9, 2013, attached and incorporated herein as Exhibit A. and the Dakota County
Drug Task Force Joint Powers Agreement, attached and incorporated herein as Exhibit B.
3- TE Either party, upon thirty (30) days written notice to the other party, may terminate this
Contract with or without cause
-
4_ ENTIRE AGREEMENT This Contract is the final expression of the agreement of the parties and the
complete and exclusive statement of the terms agreed upon_
IN WITNESS WHEREOF, the parties have executed this Agreement on the dates indicated below.
DAKO COUNTY DRUG TASK FORCE
PRINT NAME
Dakota County Drug Task Force Board Chairperson
Date
CITY OF LAKEVILLE
By
PRINT NAME_
Its: Mayor
Date.
Attest:
City Clerk
Appm^ d as to f rm
qe x d IAX/
Assistant County Attorney /Date
K/K12 -358 DCDTF drug detection dog contract
EXBIBIT A
AMENDED
MEMORANDUM
REGARDING DRUG DETECTION DOG
DATE: January 9, 2013
TO: The Dakota County Drug Task Force
FROM: Phil Prokopowicz, Chief Deputy
Dakota County Attorney's Office
SUBJECT: Amended Memorandum regarding Drug Detection Dog
Our File No. K -05 -234
The purpose of this amended memorandum is to outline responsibilities and other
considerations regarding ownership and handling of a Drug Detection Dog (hereinafter Dog),
which responsibilities should be assigned between the Dakota County Drug Tasl; Force
(hereinafter Task Force) and the Drug Task Force Member (hereinafter Member) that provides
a Dog Handler Officer (hereinafter Officer) for the Dog. Because the current Dog will be the
property of the Task Force, any donated monies shall be used for costs of the Dog other than
the purchase price of the Dog.
A. The following are the responsibilities of the Task Force:
1. Pay for the purchase price of the Dog. The Dog shall remain the property of the
Task Force except as provided below.
2. Pay for the food, veterinarian services, equipment and supplies, certification,
boarding and miscellaneous costs for the Dog.
3. Obtain and maintain in place a rider to the Task Force liability insurance policy
to cover liability issues regarding the Dog and the Officer.
4. Pay for the costs of training for the Dog and the Officer that exceed $500.00 per
calendar year. Training shall be subject to approval by the Drug Task Force
Board.
5. Provide a previously forfeited vehicle, suitable for holding and transporting the
Dog, if such vehicle is available to the Task Force and acceptable to the Member
providing the Officer, which vehicle would be sold to such Member for $1.00.
The Task Force shall pay all conversion costs necessary to make such forfeited
vehicle suitable for holding and transporting the Dog.
6. Prepare a schedule of depreciation for the Dog at the time of the Dog's
acquisition and keep such Dog depreciation schedule on file, with an extra copy
to the Member providing the Officer. If prior to the end of the service life of the
current active Dog the Task Force discontinues the program of using a Dog, the
Memorandum to The Dakota County Drug Task Force
January 9, 2013
Page 2
current Member providing the Officer shall, at their option, have the right to
purchase the Dog for a depreciated value pursuant to such Dog depreciation
schedule. At the end of the service life of the Dog the current Member providing
the Officer shall, at their option, have the right to purchase the Dog for $1.00.
Upon purchase of the dog by the Member providing the Officer, ongoing
maintenance of the Dog will be the responsibility of the Member providing the
Officer.
7. Enter into a contract with the Member providing an Officer regarding these
responsibilities.
B. The followin- are the responsibilities of the member providing an Officer;
Provide an Officer who is an experienced, licensed peace officer training in
handling drug detection dogs, which Officer will constitute the Agent assigned to
the Task Force for that Member, and pay for the compensation for such Officer
as provided in the Task Force Joint Powers Agreement, including but not limited
to extra compensation, if any, for the Officer based on the Officer's extra training
and/or overtime generated by the Dog handling responsibilities.
2. Pay for the first $500.00 of annual training costs for the Dog and Officer, after
which the Task Force shall pay for such training costs for the remainder of the
calendar year. Training shall be subject to approval by the Task Force Board,
3. Provide a vehicle suitable for holding and transporting the Dog, which the
Member will own or lease, insure and maintain. This vehicle will constitute the
Officer's vehicle that is required in the Task Force Joint Powers Agreement. If
the Member purchases a forfeited vehicle from the Task Force for $1.00 to serve
as the vehicle for holding and transporting the Dog, the Member shall pay costs
associated with installation of emergency lights and equipment. At any time that
the Officer provided by a Member discontinues his or her Dog handling
responsibilities with the Task Force, that Member shall, at the request of the Task
Force, sell and transfer title for such forfeited vehicle to the Task Force for $1.00
so that the vehicle can be used for the next Officer.
4. Enter into a contract with the Task Force regarding these responsibilities.
K/05/K05334 DCDTF drug detection dog MOU
EXHIBIT B
DAKOTA COUNTY DRUG TASK FORCE.
JOINT POWERS AGREEMENT
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:
Name. The parties hereby establish the Dakota County Drug Task Force ( "Task Force ").
2. General Purpose. The purpose of this Agreement is to establish an organization to coordinate
efforts to investigate illegal drug activity and assist in the prosecution of drug offenders.
3. Members. The members of this Agreement shall consist of the following units of
government:
City of Apple Valley
City of Burnsville
City of Eagan
City of Farmington
City of Hastings
y of Inver Grove Heights
City of Lakeville
City of Mendota Heights
City of Rosemount
City of Savage
City of South St. Paul
City of West St. Paul
Dakota Cou ^ty
4. Administrative Board.
4.1 Creation and Composition A joint powers board, known as the Drug Task Force Administrative
Board ( "Board "), is established for the purposes contained herein with the powers and duties set forth in
this Agreement. The Board shall consist of one member from each of the member units of government,
appointed by their respective police chief or sheriff, plus one member appointed by the Dakota County
Attorney. Board members appointed by police chiefs and the sheriff must be full -time supervisory
peace officers of their jurisdiction or office. Board members shall not be deemed employees of the
Task Force and shall not be compensated by it.
42 Term Board members shall serve at the pleasure of their respective police chief, sheriff or
county attorney, or their legal successor. In the event that any Board member shall be removed by the
appointing agency, the vacancy shall be filled by the appropriate appointing agency.
43 Officers 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.
Officers shall serve for a term of one (1) year or until the officer ceases to be a board member,
whichever is shorter.
4.4 Meetings The Board shall have regular and special meetings at such times and places as the
Board shall determine. Special meetings may be held on three (3) days' notice by the chair or any two
(2) board members, except that a special meeting to consider adoption of or amendments to the
Board's operating rules pursuant to paragraph 6.1 shall require ten (10) days' notice. The presence of
two- thirds (2/3) of the board members at a meeting shall constitute a quorum.
4.5 Voting Each Board member shall be entitled to one vote. Proxy voting is not permitted. The
Board shall function by a majority vote of the board members present.
DAKOTA COUNTY DRUG TASK FORCE 1 2010 -14 JOINT POWERS AGREEMENT
DAKOTA COUNTY DRUG TASK FORCE
JOINT POWERS AGREEMENT
5. Duties of the Administrative Board.
5.1 The Board shall formulate a program to carry out its purpose.
5.2 The Board shall coordinate intelligence between the members and the Task Force
5.3 The Board shall appoint and supervise the Task Force Commander. The Board may appoint
and supervise Team Leaders. All such appointments are subject to the concurrence of the Task Force
Commander's police chief or sheriff.
5.4 The Board shall cause to be made an annual independent 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.
5.5 The Task Force's books, reports and records shall be open to inspection by its members at all
re times,
6. Powers of the Administrative Board,
6.1 The Board may adopt and amend such bylaws that it may deem necessary or desirable
for the conduct of the business of the Board. Such bylaws shall be consistent with the terms of
this Agreement and any applicable laws or regulations.
6.2 The Board may enter into any contract necessary or proper for the exercise of its powers or the
fulfillment of its duties and enforce such contracts to the extent available in equity or at law. The Board
may authorize the chair of the Board to execute those contracts.
6.3 The Board may disburse funds in a manner which is consistent with this Agreement and with the
method provided by law for the disbursement of funds by the parties to this Agreement.
64 The Board may apply for and accept gifts, grants or loans of money or other property or
assistance from- the United States Government, the State of Minnesota, or any person, association or
agency for any of its purposes; enter into any agreement in connection therewith; and hold, use and
dispose of such money, property or assistance in accordance with the terms of the gift, grant or loan
relating thereto.
6.5 The Board may cooperate with other federal, state and local law enforcement agencies to
accomplish the purpose for which it is organized.
6.6 The Board may contract with any of its members to take title to, hold, manage and convey real
property obtained by the Board and on its behalf as a result of civil asset forfeiture proceedings; to
enter into contracts regarding such real property; and to pay reasonable and necessary expenses
related to the hold, managing and conveyance of such real property. The member shell be entitled to
reimbursement for such expenses upon sale of the property and shall transmit any net proceeds to the
Board. If expenses exceed the sale of proceeds, the Board shall reimburse the member from other
funds.
DAKOTA COUNTY DRUG TASK FORCE 2 2010 -14 JOINT POWERS AGREEMENT
DAKOTA COUNTY DRUG TASK FORCE
JOINT POWERS AGREEMENT
6.7 The Board shall maintain liability coverage with the League of Minnesota Cities Insurance Trust
(LMCIT) with a limit of at least $1,500,000 per occurrence, under standard LMCIT liability coverage
forms.
6.8 The Board may hold such property as may be required to accomplish the purposes of this
Agreement and upon termination of this Agreement make distribution of such property as provided for
in this Agreement.
6.9 The Board may create a policies and procedures manual for use by the Task Force. If any
policy or procedure therein conflicts with a member's policy or procedure, the member's policy or
procedure shall apply to any agent assigned by the member to the Task Force pursuant to Section 8
hereunder.
6.10 The Board may recommend changes in this Agreement to its members
7. Budgeting and Funding.
7.1 The members intend to fund the cost of operation of the Task Force from grant funds and
matching funds from member cities and Dakota County, from the proceeds of forfeiture actions, and
irrorn restitution. it is the members` Intention that matching funds shah fund the continued cost of
maintaining the replacement officers for the full -time officer assigned by some members to the Task
Force,
7.2 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.
7.3 The Board may contract with any of its members to provide budgeting and accounting services
necessary or convenient for the Board. Such services shall include, but not be limited to: management
of all funds, including member contributions and grant monies; forfeiture proceeds; payment for
contracted services; and relevant bookkeeping and recordkeeping. No payment on any invoice for
services performed by any person providing services in connection with this Agreement shall be
authorized unless approved by the Board chair, vice -chair or secretary/treasurer.
7.4 The members agree to contribute their grant funds and required matching funds to operate the
Task Force.
7.5 All funds shall be accounted for according to generally accepted accounting principles. The
secretary/treasurer shall make a monthly financial report of all expenditures and receipts, and current
fund balances to the Board.
7.6 The Board may not incur debt.
7.7 The Board's obligation to reimburse members for any expense, furnish equipment and the like is
contingent upon the receipt of grant funds for that purpose. If insufficient grant funds are received, the
Board may reduce the level of reimbursement and /or reduce other expenditures.
8. Agents.
8.1 Each member shall inform the Board in December of each year the allocated number of
experienced, full -time licensed peace officer(s) to serve as Agents for the Task Force for the
DAKOTA COUNTY DRUG TASK FORCE 3 2010 -14 JOINT POWERS AGREEMENT
DAKOTA COUNTY DRUG TASK FORCE
JOINT POWERS AGREEMENT
proceeding calendar year. The maximum number of licensed peace officers each member may assign
to the Task Force, with the exception of the Dakota County Sheriff is 2. The maximum number of
licensed peace officers the Dakota County Sheriff may assign to the Task Force is 5. The number of
licensed peace officer(s) per member allowed to serve as Agents for the Task Force must be approved
in advance by the Board.
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 compensated by that member. Each
party to this Agreement shall be responsible for injuries to or death of its own personnel.- Each party to
this Agreement waives its right to sue any other party for any workers' compensation benefits paid to its
own employee or their dependents, even if the injury were caused wholly or partially by the negligence
of any other party, or its officers, employees or agents.
8.3 Agents will be responsible for drug investigation, including intelligence management, case
development, case charging, handling and processing of evidence. Agents will also assist other Agents
in surveillance and undercover operations. To the extent authorized by law Agents will work
cooperatively with assisting member and non - member agencies, including sharing intelligence and
information acquired by agents pursuant to this Agreement.
8.4 Agents will be supervised by the Task Force Commander or, in his/her absence, by the Team
Leader assigned by the Task Force Commander to act in his/her behalf.
8.5 The member appointing the Agent shall furnish the Agent a weapon, cellular phone, and a
vehicle and pay any lease payments, insurance, maintenance and operating costs of the vehicle.
Further, the member appointing the Agent shall pay all expenses associated with tuition, travel, lodging
and meals. Each party shall be responsible for damages to or loss of its own equipment. Each party
waives the right to sue any other party for any damages to or loss of its equipment, even if the
damages or loss were caused wholly or partially by the negligence of any other party or its officers,
employees or agents.
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.
91 Task Force Commander and Team Leader(s).
9.1 From among the full -time Agents assigned by members, the Board shall appoint a Task Force
Commander who shall serve at the Board's pleasure. The Task Force Commander must be a full -time,
licensed supervisory peace officer of a member. The Task Force Commander shall remain an
employee of the member that has assigned them to the Task Force.
9.2 The Task Force Commander 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 Task Force Commander is responsible for staffing, scheduling, case assignment, case
management, record keeping, informant management, buy fund management, petty cash
management, intelligence management, and management of all property seized and held for forfeiture.
The Task Force Commander 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 Task Force
Commander will supervise the drafting and execution of all search warrants initiated by the Task Force
and will work cooperatively with the agencies with venue over the case. The Task Force Commander
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.
DAKOTA COUNTY DRUG TASK FORCE 4 2010 -14 JOINT POWERS AGREEMENT
DAKOTA COUNTY DRUG TASK FORCE
JOINT POWERS AGREEMENT
9.3 The Task Force Commander may exclude Agents from further Task Force involvement subject
to review by the Board. The member agency that assigned the Agent to the Task Force will be
immediately notified of the Task Force Commander's actions.
9.4 From the Agents assigned by members, a Team Leader(s) may be appointed by the Board, with
the concurrence of the Agent's member agency, and serve at the Board's pleasure. The Team
Leader(s) 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 Task Force Commander is absent. The
Team Leader(s) shall remain an employee of the member city or county at all times.
9.5 The duties, responsibilities and authority of the Team Leader(s), while the Task Force
Commander is absent, shall be the same as the Task Force Commander as described in paragraph 9.2
herein. If there is more than one Team Leader, the Task Force Commander will assign one Team
Leader to act as Task Force Commander while the Task Force Commander is absent.
10. Forfeiture, Seizures and Fines. Items that are seized pursuant to this Agreement shall be
used to support Task Force efforts. The use and disbursement of these items must be approved by the
Board. In the case of federal forfeiture actions, established federal rules shall be followed. The Board
may divide all remaining forfeited items among Task Force members in proportion to the then - assigned
Full Time Equivalent ntrbutlons of each member ^f this Agre..ment as set forth in paragraph 6.1
herein. Fine and 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. indemnification and Hold Harmless. The Board shall purchase general liability insurance for
activities of the Task Force. Such insurance shall name each member as an additional insured. By
purchasing insurance, the members do not intend to waive, and the Agreement shall not be interpreted
to constitute a waiver of, by any member, limitations on liability or immunities provided by any
applicable Minnesota law, including Minn. Stat. Chs. 466 and 471. The cost of the general liability
insurance shall be paid from funds provided pursuant to paragraph 7 hereunder.
The members of this Agreement are not liable for the acts or omissions of the other members of this
Agreement except to the extent to which they have agreed in writing to be responsible for acts or
omissions of the other members.
12. Effective Date. This Agreement shall take full effect on January 1, 2010. All members need not
sign the same copy. The signed Agreement shall be filed with the Board's designated fiscal agent, who
shall notify all members in writing of its effective date.
13. Termination and Withdrawal.
13.1 Termination date This Agreement shall terminate upon the occurrence of any one of the
following events, whichever occurs first:
• When necessitated by operation of law or as a result of a decision by a court of competent
jurisdiction; or
• When a majority of members agree by resolution to terminate the agreement upon a date
certain; or
• On December 31, 2014.
DAKOTA COUNTY DRUG TASK FORCE 5 2010 -14 JOINT POWERS AGREEMENT
DAKOTA COUNTY DRUG TASK FORCE
JOINT POWERS AGREEMENT
13.2 Withdrawal Any member may withdraw from this Agreement upon 60 -days written notice to the
Board. The Board shall notify the members pursuant to paragraph 14. Withdrawal shall not act to
discharge any liability incurred by the member prior to withdrawal. Such liability shall continue until
discharged by law or agreement. In the event of withdrawal by any member, the agreement shall
remain in full force and effect as to all remaining members.
13.3 Effect of Termination Upon termination of this Agreement, all property of the Task Force shall
be sold or distributed to the members in proportion to the then - assigned Full Time Equivalent
contributions of each memberaof this Agreement as set forth in paragraph 7.1 heroin.
14. Notice. Notice of withdrawal shall be provided by first class mail to the following:
Apple Valley Chief of Police
7100 147th Street West
Apple Valley, MN 55124
Burnsville Chief of Police
100 Civic Center Parkway
Burnsville, MN 55337
Eagan Chief of Police
3830 Pilot Knob Road
Eagan, MN 55122
Farmington Chief of Police
19500 Municipal Drive
Farmington, MN 55024
Hastings Chief of Police
150 3rd Street East
Hastings, MN 55033
Inver Grove Heights Chief of Police
8150 Barbara Avenue
Inver Grove Heights, MN 55077
Lakeville Chief of Police
9237 183 Street West
Lakeville, MN 55044
Mendota Heights Chief of Police
1101 Victoria Curve
Mendota Heights, MN 55118
Rosemount Chief of Police
2875 145" Street West
Rosemount, MN 55068
Savage Chief of Police
6000 McColl Drive
Savage, MN 55378
South St. Paul Chief of Police
125 3 rd Avenue North
South St. Paul, MN 55075
West St. Paul Chief of Police
1616 Humboldt Avenue
West St. Paul, MN 55118
Dakota County Sheriff
Law Enforcement Center
1580 Highway 55
Hastings, MN 55033
DAKOTA COUNTY DRUG TASK FORCE 6 2010 -14 JOINT POWERS AGREEMENT
DAKOTA COUNTY DRUG TASK FORCE
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Approved by the City Council
Date December 2 1, 2009'
DAKOTA COUNTY DRUG TASK FORCE 13 2010 -14 JOINT POWERS AGREEMENT