HomeMy WebLinkAbout2012-044 CCR Member Kay Lasman introduced the following resolution and moved its
adoption:
RESOLUTION NO. 2012-44
RESOLUTION AUTHORIZING THE ADOPTION OF THE NORTHWEST
METRO DRUG TASK FORCE JOINT POWERS AGREEMENT
WHEREAS, it has been proposed that the City adopt the Northwest Metro Drug
Task Force Joint Powers Agreement; and
WHEREAS, Northwest Metro Drug Force officers collaborate with and obtain
information from other agencies to improve the safety of the City of Brooklyn Center; and
WHEREAS, Northwest Metro Drug Task Force officers can extend the range of
intelligence to better prevent sophisticated drug distribution networks and enforce control
substance laws.
NOW, THEREFORE BE IT RESOLVED by the City Council of the City of
Brooklyn Center that the City Manager and Police Chief be and hereby is authorized to accept
and implement the proposed Northwest Metro Drug Task Force Joint Powers Agreement.
March 26 2012
Date Mayor
ATTEST:
City Clerk
The motion for the adoption of the foregoing resolution was duly seconded by member
Lin Myszkowski
and upon vote being taken thereon, the following voted in favor thereof:
Tim Willson, Karol Kleven, Kay Lasman, Lin Myszkowski, and Dan Ryan;
and the following voted against the same: none;
whereupon said resolution was declared duly passed and adopted.
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"RESOLUTION NO. 2012-44
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NORTHWEST METRO DRUG TASK FORCE AGREEMENT
The parties to this Agreement are units of government responsible for the enforcement of
controlled substance laws in their respective jurisdictions. The parties desire to work cooperatively
in the enforcement of controlled substance laws and, for that purpose, are hereby forming the
Northwest Metro.Drug Task Force as a joint powers entity. This Agreement is made pursuant to the
authority conferred upon the parties by Minnesota Statutes, §471.59.
The undersigned Governmental Units,in the joint and mutual exercise of their powers,agree
as follows:
1. Name. The name of the joint powers entity shall be the Northwest Metro Drug Task Force.
(NWMDTF).
2. Definitions:
a. Agent-means a peace officer, employed by a member, who is assigned to the Task
Force.
b. Board-means the governing board of the Task Force.
C. Fiscal agent—means a governmental unit that is a member of the Task Force and is
responsible for the administration of financial and accounting functions for the Task
Force.
d. Member—means a governmental unit that is a signatory to this agreement.
e. Task Force—means the Northwest Metro Drug Task Force.
3. Members. The initial members of the Task Force are the following Governmental Units:
City of Crystal
City of Golden Valley
City of Hopkins
City of New Hope
City of Plymouth
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RESOLUTION NO.2012-44
City of Robbinsdale
City of St.Louis Park
3.1 The members shall cooperate and use their best efforts to ensure that the various provisions
of the Agreement are fulfilled. The members agree to act in good faith to undertake
resolution of disputes, if any, in an equitable and timely manner and in accordance with the
provisions of this Agreement.
4. Term.
4.1 The term of this Agreement shall be for three years, commencing September 1, 2006 and
terminating August 31, 2009, unless terminated earlier pursuant to section 53(c) of this
Agreement. This Agreement shall be automatically extended for successive three-year
terms upon the same terms, conditions, and covenants, unless the Task Force is .dissolved
prior to expiration of the initial or successive term.
4.2 Upon dissolution of the Task Force, the board shall provide for the distribution of all Task
Force funds and assets in the following manner; (1) The board may determine to sell and
liquidate non-monetary assets prior to distribution; (2) Only governmental units that have
been members of the Task Force continuously for the 24 months immediately preceding
dissolution shall be entitled to share in the distribution; and (3) Assets and funds shall be
distributed in proportion to the full-time staffing contributions of each member to the Task
Force during the 24 months immediately preceding dissolution, determined by the full time
equivalent contributions of each member for each of the 24 months immediately preceding
dissolution. Property owned by members shall be returned to the members upon
dissolution. A member whose membership terminates prior to dissolution of the Task Force
is entitled to the return of its own property,but is not entitled to any share or portion of Task
Force funds or assets.
5. Governing Board.
5.1 The Task Force shall be governed by a governing board. Members of this board will be
known as "Directors." The Chief Law Enforcement Officer from each member, or his or
her designee, shall serve as.a Director. There shall also be one Director representing the
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Hennepin County Attorney's office, who shall not vote in any matters before the Governing
Board
5.2 Directors shall not be deemed employees of,nor compensated by the Task Force.
5.3 The Board will elect a chair. The Chair shall have no more power than any other Director
except that the Chair shall: give notice of meetings when scheduled or otherwise called; call
meetings to order and provide for their orderly and efficient conduct; provide for the
preparation of minutes; and, when authorized by the passage of a motion by board, execute
contracts,agreements,reports, filings,and other documents on behalf of the Task Force.
5.4 The Board will delegate operational control over activities to a Task Force Commander.
administrative oversight 5.5 The Board will delegate financial a nd admuu to a Task Force Coordinator,
who shall be an employee of the member then serving as the fiscal agent for the Task Force.
5.6 The Board shall meet on a quarterly basis or more frequently as needed. A meeting may be
called by any Director,or the Task Force Commander.
5.7 It shall require the affirmative vote of at least 70%of all members to:
(a) Approve or amend the budget;
(b) Approve the expenditure or distribution of Task Force funds;or to
(c) Abolish or dissolve the Task Force.
In all other matters, the Board may take action based on the vote of a simple majority. A
quorum shall exist, and votes may be taken, if a majority of the Directors or their designees
are present.
5.8 The Board may apply for and receive grants, and enter into contracts, including agreements
for the purchase and rental of real property, incur expenses and make expenditures
necessary and incidental to the effectuation of its purposes and consistent with its powers.
5.9 The Board may recommend changes in this Agreement to its members.
5.10 The Board may receive real or personal property by grant, devise, or bequest for the use of
the Task Force.
6. Powers and Duties of the Task Force.
6.1 To accomplish the objectives herein, all Task Force members shall assign at least one peace
officer licensed pursuant to Minnesota Statutes, § 626.84,subd.1,to the Task Force.
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RESOLUTION NO.2012-44
6.2 A typical assignment to the Task Force should be for a minimum period of one year.
However, assignments shall be at the pleasure of both the Task Force Board and the
officer's employing agency and may be terminated at any time.
6.3 The Task Force Commander will direct investigative activities based on intelligence
provided by the Task Force members with priority given to case investigations that directly
impact the members' communities.
6.4 While assigned to the Task Force, all personnel shall be under the direct supervision and
control of the Task Force Commander or his or her designee. The Task Force
Commander's duties shall include,but not be limited to:
(a) Guiding and directing the activities of personnel assigned to the Task Force;
(b) Establishing goals,priorities,and work assignments;
(c) Reviewing and approving reports;
(d) Scheduling assigned personnel;
(e) Providing input on employee evaluations,if requested;and,
(f) Allocating overtime work,if necessary.
6.5 The Task Force Commander may cooperate with other federal, state, and local law
enforcement agencies to accomplish the purpose for which the Task Force is organized.
6.6 The Governmental Unit serving as the Fiscal Agent shall cause to be made an annual 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;
(d) Quarterly financial report;
(e) Other matters which affect the interests of the Task Force.
6.7 The Task Force's books, reports, and records shall be open to inspection by its members at
all reasonable times.
6.8 The Task Force members may not incur obligations or approve contracts that extend beyond
the term of this Agreement or which will require the expenditure of funds in excess of funds
available.
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RESOLUTION NO.2012-44
6.9 Nothing herein is intended or should be construed in any manner as creating or establishing
the relationship of co-partners between the parties hereto or as constituting one of the
members as the agent,representative or employee of another member for any purpose or in
any manner whatsoever. Personnel assigned to the Task Force by one of the members shall
not be considered temporary or permanent employees of any other member for any purpose
whatsoever or be entitled to tenure rights or any rights or benefits by way of workers
compensation,re-employment insurance,medical and hospital care,sick and vacation leave,
severance pay,PERA or any other right or benefit of another member.
6.10 The members acknowledge that it is their sole responsibility to provide all salary
compensation and fringe benefits to their employees. Benefits may include, but are not
limited to: health care, disability insurance, life insurance,re-employment insurance, FICA,
Medicare,and PERA.
7. Insurance and Indemnification.
7.1 The Task Force will maintain liability coverage with the League of Minnesota Cities
Insurance Trust with a limit of at least$2,000,000 per occurrence,under standard LMCIT
liability coverage forms.
Alternatively,the Task Force may maintain equivalent private liability insurance'
coverage. Such coverage may be provided through separate policies for commercial
general liability and law enforcement liability. Such private liability insurance policies
must comply with the following requirements:
• Each policy shall have a limit of at least$2 million per occurrence. If the policy
contains a general aggregate limit,the general aggregate limit shall not be less than
$2,000,000.
• The CGL insurance shall cover liability arising from premises,operations,
independent contractors,products-completed operations,personal injury and
advertising injury, and contractually-assumed liability.
• Each member,and each member's officers,employees, and volunteers, shall be
named as additional covered parties on each policy for all claims arising from Task
Force activities or operations.
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7.2 The Task Force may in its discretion procure coverage for auto liability and damage to or
loss of property. If the Task Force at any time hires employees,it will immediately
acquire and maintain workers' compensation coverage.
7.3 The Task Force agrees to defend and indemnify its members for any liability claims
arising from Task Force activities or operations, and decisions of the Task Force Board.
Nothing in this agreement shall constitute a waiver of the statutory limits on liability set
forth in Minnesota Statutes Chapter 466 or a waiver of any available immunities or
defenses, and the limits of liability under Minnesota Statutes Chapter 466 for some or all
of the parties may not be added together to determine the maximum amount of liability
for any party.
7.4 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.
7.5 Any excess or uninsured liability shall be borne equally by all the members,but this does
not include the liability of any individual officer,employee,or volunteer which arises from
his or her own malfeasance,willful neglect of duty, or bad faith.
f 7.6 Each member shall be responsible for injuries to or death of its own personnel. Each
member will maintain workers' compensation insurance or self-insurance coverage,
covering its own personnel while they are assigned to the Task Force or are otherwise
participating in or assisting with Task Force operations or activities. Each member waives
the right to, and agrees that it will not,bring any claim or suit against the Task Force or any
other member for any workers' compensation benefits paid to its own employee or
dependents,that arise out of participation in or assistance with Task Force operations or
activities,even if the injuries were caused wholly or partially by the negligence of any other
member or its officers,employees,or volunteers.
7.7 Each member shall be responsible for damages to or loss of its own equipment. Each
member waives the right to,and agrees that it will not,bring any claim or suit against the
Task Force or any other member for damages to or loss of its equipment arising out of
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participation in or assistance with Task Force operations or activities, even if the damages or j
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RESOLUTION NO.2012-44
losses were caused wholly or partially by the negligence of any other members or its
officers,employees, or volunteers.
7.8 All insurance policies and certificates required under this agreement shall be open to
inspection by any member and copies of the policies or certificates shall be submitted to a
member upon written request.
8. Finances.
8.1 Task Force operations will be financed from grant funds, drug forfeitures, and any funds
voluntarily contributed by any member. Members will provide officers to be assigned to the
Task Force but will not otherwise be required to provide funds without the prior amendment
of this Agreement.
8.2 The Fiscal Agent shall serve as sole administrator of all funds contributed by Task Force
members or otherwise received by the Task Force, and in such capacity is authorized to
receive all funds for deposit and make disbursements therefrom in accordance with
generally accepted accounting principles. In conjunction therewith, the Fiscal Agent shall
maintain current and accurate records of all obligations and. expenditures of Task Force
funds in accordance with generally accepted accounting principles. It shall also produce
quarterly financial and statistical reports which shall be disseminated to all Directors and the
Task Force Commander. The Task Force shall maintain all such reports and related records
for a period of six(6)years after dissolution of the Task Force.
8.3 The Board shall approve an annual operating budget for the Task Force. The Board may
amend the budget as necessary.
8.4 The Task Force's funds may be expended by the Board in accordance with this Agreement
in a manner determined by the Board. In no event shall there be an expenditure of Task
Force funds except in accordance with the approved budget.
8.5 The Board may in its discretion make partial reimbursements to members for wages the
members have actually paid to their personnel for service to the Task Force. In making such
reimbursement,the Board shall determine a gross amount to be paid,and the reimbursement
shall be distributed in proportion to the full-time staffing contributions of each member to
the Task Force during the 12 months immediately preceding the Board's decision to make
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RESOLUTION NO. 2012-44
reimbursements, determined by the full time equivalent contributions of each member for
each of the 12 months immediately preceding the Board's decision to make reimbursements.
8.6 The Board may not incur debts.
9. Agents.
9.1 Each member shall assign licensed peace officers to serve on the Task Force as agents.
Assigrunents for the year 2007 are as follows:
City of Crystal 1FTE
City of Golden Valley 1FTE
City of Hopkins 1 FTE
City of New Hope 1 FTE
City of Plymouth 1 FTE
City of Robbinsdale 1 FTE
City of St. Louis Park 1FTE
For each subsequent year, each member will advise the Board, prior to October ls`, of the
number of employees that the member will provide in the subsequent calendar year.
9.2 All agents assigned to the Task Force shall comply with the policies and rules adopted by
the Task Force Board. In areas where the Task Force Board has not adopted a policy or
rule, then personnel assigned to the Task Force shall comply with the policies and rules
promulgated by their employing agency. The Task Force Commander, or his or her
designee, shall refer disciplinary matters or other instances of misconduct involving an
Agent to the Agent's Chief Law Enforcement Officer for investigation, referral, or
disposition. However, nothing herein shall be construed to prevent the Task Force
Commander from reporting suspected criminal conduct directly to an outside agency for
investigation.
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9.3 Agents will be responsible for drug investigation, including intelligence management, case
development, and case charging. Agents may also assist other Agents in surveillance and
undercover operations. Task Force Agents will work cooperatively with assisting agencies.
Agents 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.
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10. Forfeiture,Seizures and Fines. All proceeds generated by Task Force operations shall be
returned to the Task Force. When the Task Force seizes property or funds in cooperation
with other law enforcement agencies, the Task Force Commander and Task Force
Coordinator will negotiate the distribution of the forfeited funds with those agencies.
11. Additional Members and Change in Membership.
11.1 A governmental unit may join the Task Force and become a member upon approval by the
Board of Directors and execution of a copy of this Agreement by its governing body.
11.2 The Board of Directors may involuntarily terminate a member if that member has failed to
provide a minimum of one officer to staff the Task Force for more than 12 consecutive
months.
11.3 In any case in which a city identified in paragraph 3 joins the Task Force after the effective
date of this agreement or any other governmental unit joins the Task Force pursuant to
paragraph 11.1, contributions by and reimbursement to such members shall be equitably
determined and adjusted by the Board to reflect the participation by that member for less
than one full year. The decision of the Board shall be final.
11.4 A member may, upon ninety (90) days' written notice to all other members, withdraw and
cancel its participation in this Agreement.
12, Counterparts. This agreement may be executed in several counterparts, each of which
shall be an original, all of which shall constitute but one and the same instrument.
IN WITNESS WHEREOF, the undersigned Governmental Units, by action of their governing
bodies,caused this Agreement to be executed in accordance with the authority of Minnesota Statutes,
§ 471.59.
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RESOLUTION NO.2012-44
NORTHWEST METRO DRUG TASK FORCE AGREEMENT
CITY OF GOLDEN VALLEY
The Golden Valley City Council duly approved this Agreement on the IJ day of
U __,.2006.
City of Golden Valley
Approved as to form
a e
By.
Golden Valley City Attorney Ys Mayor
And:
Its City Man
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RESOLUTION NO.2012-44
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NORTHWEST METRO DRUG TASK FORCE AGREEMENT
CITY OF ROBBWSDALE
The Robbinsdale City Council duly approved this Agreement on the 15th day of
August ,2006.
City of Robbinsdale
Approved as to form
and legality:
By: 9r"A,.,t a
Robbinsdale City Attorney Its Mayor
And:
Its City__Manager•.
(signatures continued on the following page)
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RESOLUTION NO.2012-44
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NORTHWEST METRO DRUG TASK FORCE AGREEMENT
CITY OF CRYSTAL
The Crystal City Council duly approved this Agreement on the '�— day of
2006.
City of Crystal
Approved as to form
an legali
By.
Crystal City Attorney Its May
And:
s ty Adm 'strat
(signatures continued on the following page)
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RESOLUTION NO. 2012-44
NORTHWEST METRO DRUG TASK FORCE AGREEMENT
CITY OF NEW HOPE
The New Hope City Council duly approved this Agreement on the 28th day of
August ,2006.
City of New Hope
Approved as to form
and ality:
Z-� By: h�()�
New Hope City Attorney Its Mayor
And: _..... .
Its ity A strator
(signatures continued on the following page)
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RESOLUTION NO.2012-44
NORTHWEST METRO DRUG TASK FORCE AGREEMENT
CITY OF ST.LOUIS PARK
The St. Louis Park City Council duly approved this Agreement on the 2/S't' day of
—) V_au 2006.
City of St. Louis Park
A roved as to form
le ality:
eeyy By: 4CityyA ew t. Louis Park City At
istrato r
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RESOLUTION NO.2012-44
NORTHWEST METRO DRUG TASK FORCE AGREEMENT
CTTy OF Hopms
The Hopkins City Council duly approved this Agreement on the day of
kU�uL ,
- 2006.
City of Hopkins
Approved as to form
and legality:
By:
Hopkins City Attorney I r
And:
Its City Administrator
(signatures continued on the following page)
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RESOLUTION NO.2012-44
NORTHWEST METRO DRUG TASK FORCE AGREEMENT
CITY OF PLYMOUTH
The Plymouth City Council duly approved this Agreement on the Z day of
2006.
City of Plymouth
Ap s to form
legality
Plymou Attorney I s ay 6r
And:
AIts Manager
(signatures continued on the following page)
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NORTHWEST METRO DRUG TASK FORCE AGREEMENT
CITY OF BROOKLYN CENTER
The Brooklyn Center City Council duly approved this Agreement on the day of
2012.
City of Brooklyn Center
Approved as to form
And legality:
-k-A_
Brooklyn Center City Attorney Its Mayor
And: --°'
Its Ci anager