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HomeMy WebLinkAboutItem 06.gJune 21, 2010 Item No. LAKEVILLE POLICE DEPARTMENT TO ENTER INTO A JOINT POWERS AGREEMENT WITH DAKOTA COUNTY MULIT-AGENCY ASSISTANCE GROUP Proposed Action Staff recommends adoption of the following motion: Move to approve the Lakeville Police Department to enter into a Joint Powers Agreement with the Dakota County Multi -Agency Assistance Group (MAAG). Passage of this motion will result in the Lakeville Police Department continuing our partnership with 10 other government entities in Dakota County to provide a joint response to critical incidents or high risk entries requiring a police Special Weapons and Tactics (SWAT) response, occurring within and outside the City of Lakeville. Overview This Agreement amends and supersedes the 2003 Joint Powers Agreement. The Governing Board shall consist of one member and an alternate appointed by the police chief for each agency. Board appointee shall be a full-time supervisory peace officer. The Governing Board shall prepare and adopt a budget each year funded by the parties through annual contributions. Parties may withdraw from this Agreement providing six months written notice. This Agreement shall continue in effect until terminated in accordance with its terms. Primary Issues to Consider • The personnel of MAAG shall be compensated by their respective employers. • The team may provide aid to non-parties of this Agreement upon approval from the police chief. Supporting Information See attached Dakota County Multi -Agency Assistance Group 2010 Joint Powers Agreement. Thomas E. Vonhof Chief of Police Financial Impact: $_3200 Budgeted: Y/N _Y_ Source: Operating Budget_ Related Documents (CIP, ERP, etc.): Notes: DAKOTA COUNTY MULTI—AGENCY ASSISTANCE GROUP 2010 JOINT POWERS AGREEMENT The parties to this Agreement are units of government responsible for critical incident response in their respective jurisdictions. This Agreement is made pursuant to the authority conferred upon the parties by Minn. Stat S§ 471.59. This Agreement amends and supersedes the DAKOTA COUNTY MUTUAL AID ASSISTANCE GROUP, 2003 JOINT POWERS AGREEMENT, and shall become effective only upon the approval and execution hereof by duly authorized officers of all of the parties. NOW, THEREFORE, the undersigned governmental units, in the joint and mutual exercise of their powers, agree as follows: Name. The parries hereby establish the Dakota County Multi Agency Assistance Group (MA AG). 2. General Purpose. The purpose of this Joint Powers Agreement is to establish an organization to coordinate efforts to develop and provide joint response to critical incidents or high risk entries where there is a risk of criminal violence, occurring within and outside of the parties' jurisdictions. Parties. The parties to this Agreement shall consist of the following units of government: City of Apple Valley City of Mendota Heights City of Farmington City of Northfield City of Hastings City of Rosemount City of Inver Grove Heights City of South St. Paul City of Lakeville City of West St. Paul County of Dakota 4. Governance. 4.1. Governing Board. The governing board of the MAAG shall consist of the following: one member and one alternate member appointed by the police chief of each party that is a city; and one member and one alternate member appointed by the Dakota County Sheriff. Appointees shall be full-time supervisory peace officers of the appointing party. Resolutions or other documentation of thl appointments shall be filed with the Dakota County Sheriff. Members of the governing board shall not be deemed to be employees and shall not be compensated by the governing board. 4.2. Terms. Appointees shall serve at the pleasure of the appointing party and may be removed only by the appointing party. 4.3. Officers. In January of each year the governing board shall elect from its members a chair, vice chair and secretary/treasurer. The chair shall preside at all meetings of the governing board and shall perform other duties as determined by the governing board, including the authority to sign contracts authorized by the governing board. The vice chair shall preside during the absence of the chair. The secretary/treasurer shall assist the chair in overseeing the governing board's budget and finances. 4.4. Meetings. The governing board shall have regular quarterly meetings. Special meetings may be held on reasonable notice by the chair or vice chair. The presence of a simple majority of the members shall constitute a quorum. All meetings of the board shall be subject to the Open Meeting Law. 4.5. Voting. Each party to this agreement shall have one vote at any meeting of the governing board. 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. 5. Duties of the Governing Board. 5.1. The governing board will formulate a program to carry out its purpose. 5.2. The governing board will coordinate information between the parties and the MAAG. 5.3. The governing board shall appoint and supervise the Team Commander of the MAAG. The governing board may appoint and supervise Assistant Team Commanders of the MAAG. Appointments require the concurrence of the chief law enforcement officer of the Team Commander's or Assistant Team Commander's employer. Appointment as Team Commander or Assistant Team Commander pursuant to this agreement shall not obligate any party to pay to its employees so appointed either supervisory or other premium pay. 6. Powers of the Governing Board. 6.1. 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 year. No payment on any invoice shall be authorized unless approved by at least two of the three officers elected pursuant to paragraph 4.3. The chair shall report to the governing board any such payments at its next meeting. 2 6.2. The governing board may contract with any party to provide budgeting and accounting services necessary or convenient for the governing board. Such services shall include but not be limited to: management of all funds, payment for contracted services and other purchases, and relevant bookkeeping and record keeping. 6.3. The governing 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 party under contract to provide budgeting and accounting services. 6.4. 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, association, or agency for any of its purposes; enter into any agreement in connection 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. 6.5. The governing board must obtain and maintain liability insurance in amounts not less than the statutory liability limits established under Minn. Stat. Ch. 466 and may obtain other insurance it deems necessary to insure the parties, the governing board, its members and employees of the parties for actions arising out of this Agreement, including, but not limited to extended reporting period coverage upon termination. With respect to employees of parties who have responded to a request for assistance pursuant to paragraph 10.2.1, they will be deemed to be taking actions arising out of this Agreement from the time they receive a request for assistance pursuant to this Agreement and commence traveling to the location where assistance is to be provided until the Team Commander or Assistant Team Commander has made the decision pursuant to paragraph 10.2.1 to recall the team. 6.6. All powers granted herein shall be exercised by the governing board in a fiscally responsible manner and in accordance with the requirements of law. The purchasing and contracting requirements of Dakota County shall apply to the governing board. 6.7. The governing board may cooperate with other federal, state and local law enforcement agencies to accomplish the purpose for which it is organized. 6.8 The MAAG does not have the authority to seize property for purposes of Minn. Stat. §§ 609.531-.5318. 6.9. The governing board may retain legal counsel to advise the board and provide civil legal services. 6.10. All cash monies received through forfeiture or restitution that are derived from MAAG - operations shall remain the property of MAAGJ and shall be used in furtherance of MAAG efforts. 3 7. Budget and Finance. 7.1. Budget. By March 31 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. 7.2. Expenses. The parties intend to fund the MAAG through annual contribution paid by each party. The governing board shall establish the contribution by March 31 of the year prior to the year when the contribution is payable. The parties agree to pay the contribution as determined by the governing board on or before January 31 of the year following the determination, provided that the city council or county board has included funds for this purpose in its adopted budget. 7.3. Accountability. All funds shall be accounted for according to generally accepted accounting principles. A report on all receipts and disbursements shall be forwarded to the parties quarterly and on an annual basis. 8. Team Leaders. 8.1. The Team Commander and Assistant Team Commanders shall appoint licensed peace officers to serve as MAAG team Ieaders, subject to approval of the governing board. Appointment as team leader pursuant to this agreement shall not obligate any party to pay to its employees so appointed either supervisory or other premium pay. 8.2. Team leaders assigned to the MAAG at all times will remain employees of the leaders' own jurisdictions and will not be employees of the governing board. 8.3. Team leaders shall be the liaison between the team members and the Team Commander or Assistant Team Commander when a MAAG team has been deployed pursuant to this agreement. 9. Team members. 9.1. The chief law enforcement officer of each party shall assign licensed peace officers to serve as MAAG team members, subject to approval of the Team Commander. Appointment as a team member pursuant to this agreement shall not obligate any party to pay its employees so appointed any premium pay. 9.2. Team members assigned to the MAAG at all times will remain employees of the members' own jurisdictions and will not be employees of the governing board. 10. Operations. 10.1. Training. The Team Commander shall be responsible for arranging monthly and annual training events for team leaders and team members, consistent with direction from the rd governing board. The Team Commander shall also be responsible for maintaining records of the training received by team leaders and members as well as records of all other activities undertaken by the Team Commander, Assistant Team Commanders, team leaders and team members pursuant to this agreement. 10.2. Deplovment. 10.2.1. Requests for Assistance. Whenever a party, in its sole discretion, determines that conditions within its jurisdiction cannot be adequately addressed by that jurisdiction's personnel and resources because of a critical incident or need for high risk entry, the party may request, in accordance with policies and procedures of the governing board, that the MAAG deploy a MAAG team to assist the party's jurisdiction. Upon a request for assistance, a MAAG team may be dispatched to the requesting party, in accordance with policies and procedures of the governing board. A party may decline to make its personnel available in response to any such request. Failure to provide assistance in response to a request made pursuant to this agreement will not result in any MAAG liability. The Team Commander or Assistant Team Commander shall notify the chair or vice chair anytime that assistance is provided pursuant to this agreement. The Team Commander or an Assistant Team Commander may at any time and in his/her sole judgment recall the team. The decision to recall a team provided pursuant to this agreement will not result in liability to the MAAG, any party, or to the Team Commander or Assistant Team Commander who recalled the team. 10.2.2. Direction and Control. Personnel and equipment provided pursuant to this agreement shall remain under the direction and control of the party providing the same and also to the tactical control of the licensed peace officer in command of the scene of the jurisdiction to which assistance is being provided. 10.2.3. Compensation. When the MAAG provides services to a requesting party, the personnel of the MAAG shall be compensated by their respective employers just as if they were performing the duties within and for the jurisdiction of their employer. No charges will be levied by the MAAG or by the parties for specialized response operations provided to a requesting party pursuant to this agreement unless that assistance continues for a period exceeding 48 continuous hours. If assistance provided pursuant to this agreement continues for more than 48 continuous hours, and the assistance is not provided in connection with a criminal investigation, any party whose officers provided assistance for MAAG shall submit itemized bills for the actual cost of any assistance provided, including salaries, overtime, materials and supplies, to the MAAG and the MAAG shall submit the invoices to the requesting party. The requesting party shall reimburse the MAAG for that amount, and the MAAG shall forward the reimbursement to the responding party. 10.2.4. Workers' Compensation. Each party to this agreement shall be responsible for 7-7 injuries to or death of its own employees in connection with services provided 5 pursuant to this agreement. Each party shall maintain workers' compensation coverage or self-insurance coverage, covering its own personnel while they are providing assistance as a member of the MAAG. Each party to this agreement waives the right to sue any other party 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 party or its officers, employees or agents. 10.2.5. Damage to Equipment. Each party shall be responsible for damage to or loss of its own equipment occurring during deployment of the MAAG. Each party waives the right to sue any other party 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 party or its officers, employees or agents. 10.2.6. Indemnification. To the full extent permitted by law, this Agreement is 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. 1 a(a); provided further that for purposes of that statute, each party to this Agreement expressly declines responsibility for the acts or omissions of the other party. In addition to the foregoing, nothing herein shall be construed to waive or limit any immunity from, or limitation on, liability available to either party, whether set forth in Minnesota Statutes, Chapter 466 or otherwise. To the extent that tort damages or other related costs or fees become payable to a third party as the result of this Agreement or the activities carried out hereunder that are not covered by insurance that MAAG has in force, the parties to this Agreement shall each pay an equal amount. Notwithstanding the foregoing, this Agreement is solely for the benefit of the parties hereto and no other person shall have any right, claim, or interest in it. Nothing herein shall be construed to provide insurance coverage or indemnification to an officer, employee or volunteer of any member for any act or omission for which the officer, employee or volunteer is guilty of malfeasance in office, willful neglect of duty, or bad faith. 10.3. Aid to Non -Parties. 10.3.1. Upon a request for assistance from a governmental unit that is not a party to this Agreement, a MAAG team may be dispatched to such governmental unit, in accordance with policies and procedures of the governing board, provided that the police chief or Dakota County Sheriff, as appropriate, has consented to such deployment of its employees. Failure to provide assistance in response to any such request shall --not result in any MAAG liability. The Team Commander or Assistant Team Commander shall notify the chair any time such assistance is provided. The Team Commander or Assistant Team Commander may at any time and in his/her IN sole judgment recall the team. The decision to recall a team hereunder shall not result in any MAAG liability. 10.3.2. Liability resulting from the provision of assistance to a non-party shall be allocated in the same manner as provided by Minnesota Statutes, Section 12.331, subd. 2, i.e., MAAG assumes the same liability as a sending political subdivision and the non-party assumes the same liability as a receiving political subdivision. 11. Term. The term of this agreement shall be effective only when all of the parties have signed this agreement. The Dakota County Sheriff shall notify the members in writing of the effective date of this agreement. This Agreement shall continue in effect until terminated in accordance with its terms. 12. Withdrawal and Termination. 12.1 Withdrawal. Any party may withdraw from this agreement upon 6 months' written notice to the other parties. Withdrawal by any party shall not terminate this agreement with respect to any parties who have not withdrawn. Withdrawal shall not discharge any liability incurred by any party prior to withdrawal. Such liability shall continue until discharged by law or agreement. A withdrawing party shall have no claim to any property or assets owned or held by MAAG. 12.2 Termination. This agreement shall terminate upon the occurrence of any one of the following events: (a) when necessitated by operation of law or as a result of a decision by a court of competent jurisdiction; or (b) when a majority of remaining parties agrees to terminate the agreement upon a date certain. 12.3 Effect of Termination. Termination shall not discharge any liability incurred by the MAAG or by the parties during the term of this agreement. Upon termination and after payment of all outstanding obligations, property or surplus money held by the MAAG shall then be distributed to the parties in proportion to their contributions. 13. Miscellaneous. 13.1 Amendments. This agreement may be amended only in writing and upon the consent of each of the parties' governing body. 13.2 Records. accounts and reports. The books and records of the MAAG shall be subject to the provisions of Minn. Stat. Ch. 13. 13.3 Counterparts. This agreement may be executed in two or more counterparts, each of which shall be deemed an original, but all of which shall constitute one and the same instrument. Counterparts shall be filed with the Dakota County Sheriff. 13.4 Additional Parties. Any other municipality within Dakota County may become a party to this agreement upon approval of the governing board, adoption of a resolution by the 7 municipality's governing body, execution of this agreement, and filing of the same with Dakota County. IN WITNESS WHEREOF, the parties have executed this Agreement on the dates indicated below. Approved as to form: Assistant County Attorney/Date COUNTY OF DAKOTA Dave Bellows Dakota County Sheriff Date of Signature 7