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4.7. SR 05-18-2015 �j Elk = - Request for Action River To Item Number Mayor and City Council 4.7 Agenda Section Meeting Date Prepared by Consent May 18, 2015 Bob Kluntz, Police Captain Item Description Reviewed by Joint Powers Agreement for Drug Task Force Cal Portner, City Administrator Reviewed by Action Requested Approve, by motion, the Joint Powers Agreement for the purpose of adding an officer from the Elk River Police Department to the Sherburne County Drug Task Force. Background/Discussion Council approved the position of the Drug Task Force Detective in the 2015 budget. In discussions between the police chief and sheriff, it was agreed that a Joint Powers Agreement should be entered into between the city and county, prior to assigning an officer from the Police Department to the Drug Task Force. A Joint Powers Agreement between the City of Elk River and Sherburne County was drafted and has been reviewed by the city's legal counsel. Financial Impact There is no financial impact to the city. Attachments ■ Joint Powers Agreement between the City of Elk River and Sherburne County for the Sherburne County Drug Task Force p 0 W I R I a 0 NA UREJ JOINT POWERS AGREEMENT BETWEEN THE CITY OF ELK RIVER AND SHERBURNE COUNTY For the Sherburne County Drug Task Force THIS JOINT POWERS AGREEMENT ("Agreement") made and entered into this 1St day of August, 2015, by and between the County of Sherburne and the Sherburne County Sheriff's Office hereinafter referred to as "County" and the City of Elk River, Minnesota referred to as the "Municipality." WHEREAS, the Municipality and the County desire to enter into a Joint Powers Agreement to coordinate law enforcement efforts relating to illegal drugs and criminal activity stemming from drugs in our jurisdictions; WHEREAS, the Municipality and the County believe that the sharing of personnel and resources will enhance their respective law enforcement efforts; WHEREAS, the County and the Municipality have enjoyed a positive working relationship which both parties seek to preserve and enhance under this Agreement; and, WHEREAS, this Agreement is authorized pursuant to the Minnesota Statutes, Section 471.59. NOW THEREFORE, pursuant to the terms of the aforesaid statute, it is agreed as follows: 1. Cooperative Efforts The County and the Municipality agree to establish a task force ("Task Force") to dedicate joint resources related to drug activities and crime that results from such activities. The membership of the Task Force shall be made up of the City of Elk River and the County of Sherburne. The Chief of Police and the Sheriff, or their respective designees, shall meet at least quarterly to review the cases and activities of the Task Force. 2. Purpose of Agreement The purpose of this Agreement is to establish by Joint Powers Agreement a Task Force to provide law enforcement services directed at drug activity within the County of Sherburne. 3. People Assigned The Municipality shall assign an officer to work on the Task Force. Such assignment shall continue in effect until the Municipality, through its Chief Law Enforcement Officer, notifies the County in writing at least thirty (30) days in advance of a new officer assignment. The officer assigned shall be cross deputized by the County in accordance with Minnesota Statute 471.59, subd. 12. The Municipality shall remain the employer of the assigned officer and the officer shall retain all employment benefits that he/she is entitled to with the Municipality. 1 4. Location of the Task Force The Task Force officers shall be located at the County or at such other place as the parties agree. The County shall insure all personal property at the Task Force location. Records maintained on site include confidential information on pending criminal investigations and therefore the law enforcement area requires restricted access. The Municipal officials have property access rights during normal business hours for any need including inspection of audit. 5. Supervision of the Task Force The Municipality's assigned officer shall be subject to the direction of the Sergeant of the Drug Task Force ("Sergeant") or his/her supervisor and will abide by County policies. The Sergeant shall establish work hours, case assignments, and other duties to effectuate the purpose of this agreement. The parties agree that for the rendition of services, the standard of performance, the discipline of officers, and other matters incident to the performance of such services so employed shall remain in and under the control of the employing agency. 6. Equipment Each party shall provide an unmarked vehicle, training, and personal equipment including a smart phone for its officer assigned to the Task Force. Workspace, computers, surveillance equipment, clerical support and other items necessary for the work of the Task Force shall be provided for by the County. Any property acquired by the Task Force in carrying out its duties, shall remain with the Task Force or be disposed of in accordance with any applicable grant agreement. 7. Accounting The County shall account for all assets. Any monies received by grant, the law enforcement portion of forfeiture, or otherwise shall be deposited into a designated account and be identified by line item. The Municipality shall be remitted 20% of the Sheriff's portion of all proceeds from forfeitures resulting from the work of the Task Force. 8. Reporting Requirements All reporting requirements for any grants received shall be done by the County. The parties to the Agreement shall cooperate with any statewide evaluation efforts. The parties to this Agreement agree to provide necessary evidence to show that they are in compliance with all laws related to Workers Compensation, data privacy, financial compliance, affirmative action, asset forfeiture, and intelligence sharing. Any data obtained as a result of the Task Force and requested under the Data Practices Act shall be released through the County. 2 9. Task Force Targets The Task Force shall target criminal activity with the likelihood of being related to the distribution of narcotics. The Task Force shall provide data and intelligence sharing through any statewide system or with any other agency that requests such information. The Task Force shall share with any other law enforcement agency information which would assist in implementing the objectives of this Task Force. It is recognized that drug activity crosses jurisdictional lines. Parties to this Agreement shall authorize designated officers to assist with other Task Forces in the state or to federal agencies if requested and practicable. 10. Liability Each party shall be liable for the acts of its employee(s) to the extent provided by law and hereby agrees to indemnify and defend the other against any liability, loss, costs, damages, expenses, claims, or actions, in which the other hereafter incurs arising out of or by reason of any act or omission of the party or its agents in the execution and performance of obligations pursuant to this Agreement. It is understood and agreed that the County's and Municipality's liability shall be limited by the provisions of Minnesota Statutes Chapter 466 (Tort Liability, Political Subdivisions) or other applicable law. The County, Sheriff, his/her officers, and employees shall not be deemed to assume any liability for intentional or non-intentional acts or omissions of the Municipality or any officer, agent, or employee thereof for provision of services prior to the inception of this Agreement. The City, Chief of Police, his/her officers, and employees shall not be deemed to assume any liability for intentional or non-intentional acts or omissions of the County or any officer, agent, or other employee thereof for provision of services prior to the inception of this Agreement. Any provision for indemnification shall not benefit any third party. Further, neither the County nor the Municipality by and through the terms of this Agreement intends to waive any immunity that they may be accorded by law. 11. Termination Agreement This Agreement may be terminated by the governing body of either party with 120 days written notice to the other party. The parties agree that in the event of the termination of this Agreement they shall negotiate the wind down of the Agreement in good faith to allow a smooth transition or the extension of the contract term. This paragraph is subject to the terms set forth in this Agreement with respect to forfeitures. 12. Change in Agreement 3 Any alteration, variation, modification or waiver of the provisions of this Agreement shall be valid only after it has been reduced to writing and duly signed and approved by each party to this Agreement. 13. Written Notice It is understood by the parties that upon written notice by either party, negotiation will be undertaken for the purpose of revising, adding to, or deleting any of the provisions of this Agreement which are deemed to be unworkable. Any notices regarding this Agreement shall be sent to the Sherburne County Sheriff for the County and the Chief of Police for the Municipality. 14. Entire Agreement This Agreement shall constitute the entire Agreement between the parties and shall supersede all prior oral or written negotiations. 15. Effective Date This Agreement shall be effective as of and remain in effect until formally terminated. SHERBURNE COUNTY BY Chairperson Sherburne County Board of Commissioners Date of Signature BY Sherburne County Attorney Date of Signature BY Attest: Steve Taylor Sherburne County Administrator Date of Signature Approved by: Sherburne County Sheriff 4 Date of Signature CITY OF ELK RIVER BY Mayor Date of Signature BY Clerk Date of Signature Approved by: Chief of Police Date of Signature HACIVIL\Department-SHERIFF\Gang Task Force#147423 LINK\ERPD Assigned Officer.doc 5