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HomeMy WebLinkAboutContract 21862186 C l~dT II~IT EAW EI'~F RCE EI~'I` C ITI~C~~.. JOINT POWERS AGREEMENT WHEREAS, in 1970 the Anoka County Joint Law Enforcement Council (AC7LEC} was formed and was modified in 1982 and 2001 to add a number of cities and representatives; and ~VI-i~REAS, in 2003 a joint powers agreement was entered into by members of the AC3LEC to plan, implement and maintain a public safety communications system in Anoka County; and V~jHEREAS, these joint powers agreements have made possible a remarkable degree of cooperation and coordination between law enforcement agencies in Anoka County; and WHEREAS, the law enforcement needs of the county have evolved creating new challenges requiring a modification of the existing joint powers agreement. NOW, T H~;R.Er~ORE, in consideration of the mutual agreements considered herein and in exercise of the power granted by Minn. Stat. §471.59, the parties to this agreement do mutually agree as follows: 1. SUPERSEDES OTHER AGREEMENTS This agreement supersedes and takes the place of the agreement of 1970, modified in 1982 and 2001, creating the Anoka County 3oint Law Enforcement Council and the agreement of 2003 dealing with the Anoka County Public Safety Communications Project. 2. PURPOSE The parties agree that they have joined together to improve the eff ciency and effectiveness of Iaw enforcement, thereby improving public safety in Anoka County. Such purpose includes but is not limited to maintaining and improving the Iaw enforcement records management system and the public safety communications system in oka County. ~ . TE Any party has the right to withdraws from this agreement by declaring in writing its intention to withdraw effective on a specified date, which date cannot be less than thirty days from the date of the written notice. A withdrawing party must send a copy of the written notice to each party. Withdrawal by a party will not result in the discharge of any legal liability incurred by such party before the effective date of withdrawal. The termination by any party shall not affect the validity of the agreement as to the remaining parties. Upon termination by a party, the party may retain personal property, software and hardware it has received and owns, but shall forfeit any unexpended funds it has contributed to the Council. The records management system, its hardware and software, is owned by the Council and may be disbursed by agreement of all parties or upon final termination of all parties to this agreement. 4. COUNCIL The parties agree to participate in a council called the Anoka County Joint Law Enforcement Council whose membership would be constituted by appointment on n , i r-w r r an annual basis by each of the participating governmental units or tneir ~.,nlez oz Police together with one other individual to be appointed by the City Council; provided, however, that if a participating governmental unit contracts with the Anoka County Sheriff or another law enforcement agency for police services, it shall be represented by the Anoka County Sheriff or the Chief of Police for the contract law enforcement agency; provided further, however, that the cities of Centerville, Circle Pines and Lexington and the Circle Pines-Lexington-Centerville Joint Municipal Police Commission shall be represented by their Chief of Police and the Chairman of the Joint Municipal Police Commission; and that the County would be represented by the Sheriff, the County Attorney, and four individuals appointed by the Board of County Commissioners, two of whom shall be Anoka County commissioners and two of whom shall be appointed upon the recommendation of the Anoka County Sheriff. These appointments would be effective on the first day of each year and continuing until a successor has been duly appointed and qualified. Each member of the Council may be represented at a Council meeting by a proxy if the Council member notifies the Chair verbally or in writing. Such proxy shall have the right to vote and be counted far purposes of a quorum. The Council shall adopt such rules and regulations for the conduct of its business, including the right of a member to vote by proxy, as may be expedient and necessary. -2- 5. BUDGET In order to maintain and improve the records management system, the public safety communications system, and other projects to improve public safety, the Council may decide to ask the participating governmental units to provide funds to the Council. The amount of funds to be requested each year shall be decided at a meeting of the Council prior to May 1 of each year. The amount so determined shall be apportioned on a calls-for-service basis or such other basis as the Council may decide and included in the budgets of each law enforcement agency for the following year. All members of the Council shall make a good faith effort to fund such contributions in the parties' budgets. Each chief law enforcement officer or member of the Council shall on or before April 1 of each year transmit to the fiscal agent the amount approved in the budget for the chief law enforcement officer's department for that year. 6. FISCAL AGENT The county shall act as the fiscal agent of the Council receiving, investing and disbursing funds as directed by the Council. All funds disbursed pursuant to This agreement shall be disbursed pursuant to the method provided by law for counties and the Division Manager of Anoka County Finance and Central Services shall be the fiscal agent. 7. CONTRACTS AND PURCHASES All contracts and purchases made pursuant to this agreement shall be made by the Council and shall conform to the requirements applicable to the county. The Chair of the Council is authorized to execute contracts on behalf of the Council. 8. TERMINATION This agreement will terminate under the following circumstances: a. There are no remaining parties to the agreement as a result of withdrawal pursuant to this agreement; or b. A11 parties, or all remaining parties, mutually agree to terminate the agreement. -3- Termination of this agreement will not result in the discharge of any legal liability incurred by a party before the effective date of termination. Upon termination, any remaining funds or any property acquired pursuant to the terms of this agreement may be retained by Anoka County or by the party acquiring the property, except as may otherwise be required to comply with any requirement related to the source of funds used to acquire the property. The records management system, its software and hardware, is awned by the Council and, upon final termination of this agreement, shall be sold. The funds so realized, together with funds remaining with the fiscal agent, shall be distributed to the remaining parties in the proportion received. The Council may resolve all disagreements that may arise in a distribution. 9. PUBLIC SAFETY COMI~~f[JNICATIONS EQUIPMENT The parties agree that they will comply with the provisions of Exhibit A, which is attached hereto, regarding public safety communications equipment. The provisions of Exhibit A may be modified or eliminated by a majority vote of the Council. 10. RECORDS The records and documents relating to all matters that are the subject of this agreement are subject to inspection, review and audit by the parties and slate officials as authorized by law during regular business hours. Records will be retained in accordance with the provisions of Minn. Stat. Chap. 138. 12. STRICT ACCOUNTABILITY A strict accounting shall be made of all funds and report of all receipts and disbursements shall be made upon request by any party. 13. LIMITATION OF I.~IABILITY By the terms of this agreement, a party does not waive any limitation of liability available to that party including, but not limited to, Minn. Stat. Chap. 466. -4- 14. ENTIRE ACsREEMEI~TT This Joint Powers Agreement constitutes the entire agreement of the parties on the matter related hereto. The agreement shall not be altered or amended except by agreement in writing signed by the parties hereto. IN WITNESS WI~REOF, the parties have signed this agreement on the dates below: Date: ~ ~~ ~ ~'" CITY OF COLUMBIA HEIGHTS y Its: ,~ ~<~ ~~ -E. -5- E IBIT A USE OF SHOP SPARES The parties agree that radios purchased as shop spares will be maintained by Anoka County Central Communications for the benefit of the parties hereto. These radios will be made available to'the police and fire departments to substitute for a radio that is being repaired. Additionally, the radios will be available to police and fire departments for public safety situations such as disasters or large gatherings of people that need to be managed. The radios may be used for not longer than the time of repair or incident and, in any case, not longer than three months. There shall be no expense to the police and fire departments for this use provided, however, that the departments shall be responsible for any loss or damage to the shop spares radios they are using. ACQUISITION OF PUBLIC SAFETY COMIVIUNICATIONS EQUIPMENT The parties agree that it is important for the public safety communication system to operate as effectively as possible and that the acquisition and use of common equipment is important to that goal. In furtherance of that goal, the parties agree that they will acquire communication equipment through the Director of Anoka County Central Communications. The county agrees that it will acquire such communication equipment at the lowest possible price and will not charge the party ordering the equipment any amount in excess of that necessary to its acquisition and delivery. The county further agrees that it will consider the recommendations of the ACJI=,EC and the Anoka County Fire Protection Council in determining whether the provision of the radios is by purchase or lease and whether the county will finance the acquisition casts. The parties agree that the county will act to preserve the ability of cities to treat payments as debt service in order to maintain the ability to acquire public safety communication equipment outside any levy Limit. -6-