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Res 2014- 65 JPA Electronic Crimes Task ForceCity of Mendota Heights Dakota County, Minnesota RESOLUTION NO. 2014-65 RESOLUTION 2014-065 FORMALLY AUTHORIZING PARTICIPATION IN A JOINT POWERS AGREEMENT (JPA) "DAKOTA COUNTY ELECTRONIC CRIMES TASK FORCE." WHEREAS, the City of Mendota Heights desires to have the ability to contact neighboring communities for aid assistance; and WHEREAS, the Minnesota State Statute requires a resolution to enter into a JPA; and WHEREAS, the City recognizes that the advances in technology require a continuing investment in training and resources; and WHEREAS, the City wishes to provide the highest level of service to its citizens and all victims of crime; and WHEREAS, the City understands that the ability to investigate these cases continues to exceed the capacity of the police department(s) individual investigative divisions and WHEREAS, the City understands the responsibilities vested in them to provide for the health, safety and welfare of the community; and WHEREAS, the City Council of the City of Mendota Heights have duly considered this matter and wish to enter into an agreement that would expand the resources available to them and our neighbors to solve crimes. NOW THEREFORE BE IT HEREBY RESOLVED that the City Council of the City of Mendota Heights has by RESOLUTION 2014-065 FORMALLY AUTHORIZIED PARTICIPATION IN A JOINT POWERS AGREEMENT "DAKOTA COUNTY ELECTRONIC CRIMES TASK FORCE." Adopted by the City Council of the City of Mendota Heights this 18th, day of November 2014. CITY COUNCIL CITY OF MENDOTA HEIGHTS ATTEST: By Lorri Smith, City Clerk a Krebsbach, 4 : o DAKOTA COUNTY ELECTRONIC CRIMES TASK FORCE JOINT POWERS AGREEMENT The parties to this Agreement are units of government responsible for the enforcement of criminal 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 unito, in the joint and mutual exercise of their powers, agree as foliows: 1. Name. The parties hereby establish the Dakota County Electronic Crimes Task Force ("Task Force"). 2. General Purpose. The purpose of this Agreement is to establish an organization to coordinate efforts to investigate illegal activities related to the use of electronic devices, the Internet, and materials transmitted or used in electronic form and the prosecution of those conducting such illegal activities. 3. Parties. The parties to this Agreement are the foliowing units of government: 4. City of Apple ValIey City of Burnsville City of Farmington City of Hastings City of Inver Grove Heights Administrative Board. City of Mendota Heights City of Rosemount City of South St. Paul City of West St. Paul Dakota County 4.1 Creation and Composition. A joint powers boonj, known as the Electronic Crimes Task Force Administrative Board /"Boord"\, 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 law enforcement units of government that participates in the Task Force, appointed by their respective police chief or sheriff. Board members appointed by police chiefs and the sheriff must be full-time supervisory peace officers of their jurisdiction or office. The police chief or sheriff may appoint an alternative member to attend Board meetings if the appointed member is unavailable. Alternates must be full-time supervisory peace officers from their jurisdiction or office. Board members shall not be deemed employees of the Task Force and shall not be compensated by it. At the discretion of the Dakota CountvA�orneyo. the Dakota County Attorney's Office shall serve the Board in an advisory capacity. l[he'fiscal agent shall maintain a roster of current Board members and appointed alternates. 4.2 Term. Board members and alternates shall serve at the pleasure of their respective police chief or sheriff. In the event that any Board member shall be removed by the appointing a0gnoy, the vacancy shall be filIed by the appropriate appointing agency. 4.3 Officers. At its initial meeting after execution of this Agreement by all parties, the Board shall elect from its members (but not alternates) a chair, a vice -chair and a secretary/treasurer. The officers shall serve in their respective positions until the Board meets in January 2016' when Board members shall again elect from its members a ohair, a vice -chair, a secretary/treasurer, and such other officers as it deems necessary to conduct its meetings and affairs. In January of each subsequent year the Board shall meet and 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. Page 1 4.4 Meetings. Except as provided in Paragraph 4.3, the Board shall meet in January of each year and shall have other 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. If a Board member is unable to attend a meeting, the duly appointed alternative may attend and vote. Proxy voting is not permitted. The Board shall function by a majority vote of the board nlenlbero, or alternates, present. 6. 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 have prepared an independent audit of the books and accounts of the Task Force and shall provide an audit report to its members if any member requests a financial audit of the Task Force. 5.4 The Sheriffs Office shall provide annually a year-endreview/expenditure report of the Task Force's activities. 5.5 The Board shall establish performance and quality control measures and periodically monitor those measures, to include Task Force investigatory practices and policies. 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 Jaws 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 enter into and 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. 6.4 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 paraon, association or agency for any of its purposes; enter into any agreement in connection therewith; and hold, use and dispose of such rnoney, 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 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. Page 2 6.7 Technology equipment required to iate crmes and analyze evidence seized by Agents of the Task Force shall becontributedondownedbyDokotaCourty. The Board may hold such other 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. 6.8 The Board may create a policies and procedures manual for use by the Task Force. |fepolicy or procedure adopted by the Board conflicts with a policy or procedure of a nnenlber, that member's policy or procedure shall apply to any agent assigned by that member to the Task Force. 6.9 The Board may recommend changes in this Agreement to its members. 7. Budgeting and Funding. 7.1 7.1 The members intend to fund the cost of operating the Task Force through member contributions of funds and staff and by obtaining grant funds and restitution, if available. For 2015, the cities of Hastings, Farmington, Mendota Heights, R000nuount, South St. Paul and West St. Paul each will pay $15.000 to the Task Force fiscal agent to be deposited in the Task Force account. For 2015 each of the cities of Burnsville and Apple Valley will contribute the services of one full-time licensed peace officer and the city of Rosemount will contribute the services of one half-time licensed peace officer. For subsequent yarG.theoecitieo.aovvo||000nynevvnlernbero0es.aachxvi||payanornount or contribute staffing determined by the Board so that the adopted budget will be adequately funded, provided onty that any member may object to a proposed payment as excessive relative to the adopted budget. If a member's objection cannot be resolved, the Board may adopt a revised budget to accommodate the member's objection or an amendment to this Agreement approved by all members shall be approved and executed by each member's governing body. Other members may contribute the serices of licensed peace officers as each deems appropriate. 7.2 The Board shall adopt a budget based upon grant funds naoeixed, member financial contributions and money made available from other sources. The Board may amend the budget as needed to reflect revenue and expenditure changes. 7.3 Dakota CountvahoUserve aethe Dooa|agent ofthe Task Force and shall account for all funds receivedpVneuaOtto-hioAgrae[Dentacconding to generalty accepted accounting principles. The fiscal agent shall forward reports on Task Force receipts and disbursements to the members on a regular basis. Fiscal agent responsibilities shall include, but not be limited to: management of all funds, including member contributions and grant nooniao, 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 financial oontributione, grant funds and dedicated ticensed peace officers required 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 quarterly financial report of all expenditures and remaiotn, and current fund batances to the Board. 7.6 The Board may not incur debt. 7.7 The Board's obligation toreimnbureernannberaforonyexpenea.fumnishequipnlentmndtheUkeia contingentcontingentupon the receipt of grant funds for that purpose. tf insufficient grant funds are received, the Page 3 8. 8.1 Each member shall inform the Board in December of each year of the identity of the Iicensed peace officers to serve as Agents for the Task Force for the foliowing calendar year. The chief law enforcement officer shall have the responsibility for determining the identity of their agency's assigned officer(s). 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 are not 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 its right to sue any other party for any workers' compensation benefits paid to its own employee or their dependents, even if the i'uryiocauoedvvhoUyorpartiaUybxthaneg|iQanoeof any other party, or its officers, employees or agents. 8.3 The member appointing the Agent shati furnish the Agent with all standard department issued equipment necessary to perform all functions of the Agent. Agents' computers must meet Dakota CountyvetaDdards. Each nlennbernhaU be responsible for dernageotoorloss of its own equipment. member waives the right to sue any other member for any damages to or loss of its aquipmnont, even if the damages or loss were caused wholly or partially by the negligence of any other member or its officers, employees or agents. 8.4 The members shall maintain the officer positions hired to replace the officer assigned to the Task Force, or maintain the Full Time Equivalent or Half Time Equivalent staffing assigned to the Task Force as described in Section 8.1. 9. Indemnification. The Task Force is a separate and distinct pubUc entity to which the parties have transferred aH responsibility and control for actions taken pursuant to this Agreement. The Task Force shall defend and indemnify the partiao, and their offioero, arnp|oyeee, and ogento, from and against all claims, damages, losses, and expennee, including attorney fees, arising from Task Force activities or operations, and decisions of the 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. To the fullest extent permitted by law, action by the parties to this Agreement are intended to be and ohmUbeconstrued aoa"cooperative activity" and itiethe intent ofthe parties that they shall be deemed a "single governmental unit" for the purposes of |iabi|ity, as set forth in Minnesota 8totuteo, Section 471.59. subd. 1a(a)' provided further that for purposes of that atatute, each party to this Agreement expressly declines responsibility for the acts or omissions of another party. Nothing herein shall be construed to provide insurance coverage or indemnification to an offinar, ernp|oyea, or agents of any party for any act or omission for which the offioar, emop|oyee, or agent is guilty of malfeasance in offime, willful neglect of duty, or bad faith. Any excess or uninsured liability shall be borne equally by all the podiaa, but this does not include the liability of any individual officer, emnp|oyee, or agent which arises from his or her own moalfeaaance, willful neglect of duty, or bad faith. 10. Insurance. The Board shall purchase general liability insurance for activities of the Task Force as described in Section 6.7. Such insurance shall name each member as an additional insured. By purchasing insurance, the members do not intend to waive, and this Agreement shall not be interpreted to constitute a waiver by any member of limitations on liability or immunities provided by any applicable Page 4 Minnesota law, including Minn. Stat. Chs. 466 and 471. The cost of the general liability insurance shall be paid from funds of the Task Force. 11. Task Force Supervisory Oversight. The Dakota County Sheriffs Office will provide . supervisoryoversight of Task Force operations including case assignments, record beep|ng' intelligence rnonaga[nent, management of all property seized, and the execution of stings, arrests, search warrants and similar operations performed by the Agents. 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. Additional Parties. A' �additiona|unit of government may become a party to thisAor�mont by adopting a resolution declaring its intention to do so and by entering into this Agreement, as it maybe omnndedfromOtinnetotinme'proxidedthatthepartioohovean[eredintoanonlendrnantpurouant[o Paragraph 12 approving such additional member. Such amendment shall be substantially in form of Exhibit A, attached hereto and incorporated by reference. 13. Amendments. Any amendment to this Agreement must be in writing and executed by all of the parties. 14. Counterparts. This Agreement may be executed in two or more counterperte, each of which shall be deemed an original but all of which shall constitute one and the same instrument. All counterparts and amendments shall be filed with the fiscal agent. 15. Effective Date. This Agreement shall full�o�e effect on January 1, 2015. Members may execute this Aoneernentin counterparts and need not sign the same original document. The signed Agreement shall~be filed with the Board's designated fiscal agan[, who shall notify all members in writing of its effective date. The fiscal agent shall also notify all parties of additional parties added pursuant to Paragraph 11 and parties withdrawing pursuant to Paragraph 15.2. 16. Termination and Withdrawal. 16.1 Termination Date. This Agreement shall terminate upon the occurrence of any one of the foltowing 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 Deceber 31, 2017, unless extended by agreement of all of the members. 16.2 Withdrawal. VVithoutthe' of approval from the parties' governing bodies, any party may withdraw hnn nthis Agreement upon 60 days' written notice to the Board. The Board shall notifythemmemnberopuneuanttoection18oftheuaceiotofavvithdnovvo|notice. Withdrawal shall not act to discharge any liability incurred by the member prior tovv|thdraxvo|. Such liability shall continue until discharged by or agreement. In the event of withdrawal by any nnanmber, the agreement shall remain in full force and effect as to all remaining members. 16.3 Effect of Termination. With the exclusion of technology equipment contributed and owned by Dakota County osdescribed inSection O.8.upon termination ofthis Agreement all property ofthe Task Page 5 Force shall be sold or distributed to the members in proportion to their resfinancial and staff contributions to the Task Force since its inception. Parties who effectively withdraw from this Agreement will not be entitied to any return of their contributions. 17. Notice. Notice of withdrawal shall be provided by first class mail to the following and to any additional members added pursuant to Paragraph 11:Apple Valley Chief of Police Mendota Heights Chief of Police 7100 147th Street West 1101 Victoria Curve Apple Valley, MN 55124 Mendota Haighto, MN 55118 Burnsville Chief of Police 100 Civic Center Parkway Burnsville, MN 55337 Farmington Chief of Polic 185OOMunicipal Drive Farmington, MN 55024 Hastings Chief of Police 150 3rd Street East Hastings, MN 55033 Inver Grove Heights Chief of Poiice 8150 Barbara Avenue Inver Grove Heights, K8N55O77 Rosemount Chief of Poiice 2875 145th Street West Rosemount, MN 55068 South St. Paui Chief of Poiice 1253rd Avenue North South St. Paul, MN 55075 West St. Paul Chief of Poiice 1616 Humboidt Avenue West St. Paul, MN 55118 Dakota County Sheriff Law Enforcement Center 1580 Highway 55 Hastings, MN 55033 IN WITNESS WHEREOF, the undersignedgovernmentalunits, by action of their governi bodiaa, have caused this Agreement to be executed in accordance with the authority of Minnesota Statute § 471.59. Approved by the City Council CITY OF APPLE VALLEY Date: By: Attest: Page 6 Approved by the City Council Date: not/ [8, 2c14-. Page 11 CITY OF MENDOTA HEIGHTS By: Date of Signatur, Attest: Date of Signature: / .?e)/c-/