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HomeMy WebLinkAboutContract 2341 JOINT AND COOPERATIVE AGREEMENT FOR THE FORMATION AND ADMINISTRATION OF THE ANOKA - HENNEPIN NARCOTICS AND VIOLENT CRIMES TASK FORCE I. PARTIES The parties to this agreement are political subdivisions of the State of Minnesota. This agreement is made pursuant to Minnesota Statutes Section § 471.59, as amended. II. PROBLEM AND PURPOSE The parties hereto find that drug abuse and related violent criminal activities have increased significantly within and between their communities in recent years. As first ring - suburban communities located on or near the northern borders of Minneapolis and St. Paul, a significant amount of drug traffic, violent crime, and organized criminal gang activity has emerged and migrated into their communities. Linked by the 610, 694, and 169 bridges over the Mississippi River, the communities share common borders with easy access which has provided a conduit for drug traffickers and criminal elements to utilize. The nature of drug law enforcement, violent crime, and the criminal enterprise associated with them does not adhere to jurisdictional boundaries. In addition, the individual parties hereto face the difficulty of limited resources and ever - increasing demands for service which make effective organized drug enforcement difficult on an individual basis. The general purpose of this agreement is to provide coordination and joint enforcement efforts within the jurisdictional boundaries of the parties of controlled substance crimes as defined in federal, state, and local statutes, as well as related violent crime and the criminal enterprise associated with them. III. NAME This joint enforcement project shall be known as the Anoka- Hennepin Narcotics and Violent Crimes Task Force. IV. MEMBERSHIP The parties to this agreement shall be the Cities of Anoka, Blaine, Champlin, Columbia Heights, Coon Rapids, Fridley, Maple Grove, and the County of Anoka (herein collectively referred to as "the parties "). V. ADMINISTRATION A Task Force Advisory Board is formed consisting of the Chiefs of Police and Sheriff, or his or her designee, from each party. The Task Force Commander and supervisors will serve in an advisory capacity and shall have responsibility for administration of the Task Force. A prosecuting attorney from Anoka or Hennepin County will act in an advisory capacity to the Board. The Anoka County Sheriffs Office will provide the day -to -day administration of the Task Force through the assignment of the Investigative Lieutenant, serving as the Task Force Commander. The Commander will be assisted by a Sergeant assigned to the Task Force by the Fridley Police 2 Department and a Detective Team Leader assigned to the Task Force by the Anoka County Sheriffs Office. The Task Force Advisory Board members, which have voting authority, will be the Chiefs of Police and the Sheriff, or his or her designee, from each party. The votes shall be weighed based on the number of officers assigned to the Task Force. In any issue requiring a vote of the Advisory Board, a quorum of five voting members must be present to vote. In order for a motion to pass, a majority vote shall consist of at least three votes. The Advisory Board shall elect a chair to conduct board meetings and serve as liaison between the parties, the Commander, and the Board. VI. OPERATION Section 1. Composition The Task Force shall consist of 11 full -time peace officers POST licensed to practice law enforcement as defined in Minnesota Statutes, Chapter 626. These officers will be assigned to the Task Force by the parties as follows: Anoka Police Department 1 Officer Anoka County Sheriffs Office 3 Officers 1 Lieutenant Blaine Police Department 1 Officer Champlin Police Department 1 Officer Columbia Heights Police Department 1 Officer 3 Coon Rapids Police Department 2 Officers Fridley Police Department 1 Sergeant Maple Grove Police Department 1 Officer Each officer will remain an employee of the party assigning the officer to the Task Force. The Advisory Board may approve a change in the composition of the Task Force upon the request of any party. No party may be required to assign additional officers to the Task Force without the consent of the affected party. Section 2. Chain of Command Commander/Lieutenant: The Task Force Commander shall be the head of the Task Force. The Criminal Investigation Lieutenant of the Anoka County Sheriff's Office will act in this capacity at the onset of this agreement. The Commander shall serve at the pleasure of the Advisory Board and may be removed by a majority vote of the Board. The Commander reports directly to the Advisory Board. The Commander will make the day -to -day operational and administrative decisions of the Task Force. Sergeant /Team Leader: One Sergeant shall be assigned to the Task Force by the Fridley Police Department. One Team Leader shall be assigned to the Task Force by the Anoka County Sheriff's Office. The Sergeant and Team Leader operate at the direction of the Task Force Commander. They are responsible for the direct supervision of officers assigned to the Task Force by the parties. 4 Officers: Officers assigned to the Task Force operate at the direction and under the supervision of the Task Force Commander and Supervisors while assigned. Clerical: The Task Force may hire clerical support for the Task Force from the grant budget. The County of Anoka agrees to act as the employer of the person hired. Section 3. Equipment Equipment purchased by the Task Force during the grant period for Task Force usage shall be divided amongst the parties by the Advisory Board at the end of the grant period if this agreement is not renewed. Upon a mutually agreed dissolution of this Task Force, all equipment owned by the Task Force will be distributed between the parties as decided by the Advisory Board. Parties are expected to also utilize their own equipment such as body transmitters and surveillance vans on an as- needed basis. All equipment brought into Task Force use by an agency will remain the property of the agency supplying said equipment. Section 4. Facilities Each Task force member will work out of a centrally located office furnished and maintained by the Task Force as provided in the annual grant budget. Section S. Policy and Procedure Operational policy and procedure may be developed for the Task Force based on an examination of operational goals and administrative need. These policies and procedures will be proposed to the Advisory Board by supervisory staff who will conduct 5 ongoing evaluations of Task Force operations and need. Policies and procedures will be implemented at the direction of the Advisory Board. Section 6. Purchase of Evidence/Information The Task Force Commander will maintain an accounting of all confidential funds utilized for the purchase of evidence and information and to pay investigative expenses incurred by the Task Force. The administration of confidential funds will undergo review by the Task Force supervisory personnel prior to implementation of the following procedure. In the event changes of procedure are deemed necessary, they will be reflected in policy and procedure developed for the Task Force. At present, each Task Force officer will fill out a "Confidential Funds Receipt/Return" when obtaining advances of confidential funds from the Coordinator or Supervisor. Upon expenditure of confidential funds by a Task Force officer, a "Payment for Evidence and Information" form will be completed by the officer making the expenditure, and this form will be forwarded in a timely fashion to the Sergeant or Team Leader. The Sergeant or Team Leader will maintain a master expenditure log for all Task Force officers. Each individual officer will maintain an individual expenditure log for confidential funds. The Commander will audit the confidential funds on a regular basis and will file the necessary quarterly report with the Office of Justice Programs of the Minnesota Department of Public Safety. 6 Any evidence obtained or seized by the Task Force will be maintained in the department property room of the officer assigned as the case agent, or the appropriate Crime Lab. Section 7. Supplies Office supplies will be provided by the Task Force under the grant annual budget. Any supplies not itemized in the grant annual budget will be provided by that officer's employment agency. Section 8. Sworn Personnel Each party is providing licensed peace officers under the conditions outlined herein. Wages and benefits for these officers will be the primary responsibility of the officer's employing agency during the grant period. Wage and benefit reimbursement, to include overtime costs, may be reimbursed through the grant as approved by the Advisory Board. An officer assigned to the Task Force by a party may be removed from the Task Force by the appointment party or through a majority vote of the Advisory Board. The party shall then appoint a suitable replacement for the removed officer. Peace officers assigned to the Task Force shall be equipped by their employment parties with appropriate police credentials and suitable firearms. The employment party will be responsible for providing any POST required training to their officers assigned to the Task Force. 7 The Commander may direct additional, specialized training to be paid through the grant budget. Section 9. Vehicles The Task Force shall lease up to one vehicle for each officer assigned to the Task Force. Each party will be responsible for fuel, insurance, and maintenance costs incurred by the vehicle(s) leased for the officer(s) assigned by that party. Larger unforeseen repair costs may be presented to the Advisory Board for approval to use Task Force forfeiture funds for the repair. Upon termination of this agreement, the vehicles will either be absorbed by the parties agreeing to assume leasing obligations or returned to the leasing agency. Vehicles owned by a party and utilized by the Task Force will remain the responsibility of the party, as will costs incurred for the vehicle's use and maintenance. VII. TASKS Section 1. The primary function and responsibility of the Task Force is to detect, investigate, gather evidence, and apprehend drug traffickers within the geographic area of the parties. As a result of the nature of covert undercover operations, it is anticipated that undercover operatives may detect or become aware of other crimes. The Task Force will pursue other avenues of investigation only upon recommendation of the Task Force Commander and by permission of the Chief of Police or Sheriff of the particular party involved. In addition, the Task Force may be used by any of the parties for other 8 investigative purposes under exigent circumstances or in a capacity wherein the nature of the investigation being undertaken requires undercover officers. Section 2. It is the mission priority of this unit to investigate drug wholesalers (those individuals who bring drugs into the Task Force area), street -level drug distributors, those persons involved in the clandestine laboratory manufacturing of illicit drugs, and individuals who attempt to acquire pharmaceutical drugs in violation of the provisions of Minnesota Statutes, Chapter 152. Section 3. A function of the Task Force will be to gather and to disseminate controlled substance intelligence information. The Task Force will maintain an ongoing intelligence filing system. The Task Force will attempt to investigate those leads, maintain on file that information, and upon request disseminate that information to the parties hereto. Section 4. With permission of the Task Force Commander, the Task Force will provide training to member parties requesting that service. Requests for community drug education and drug awareness will be provided only upon permission of the Task Force Commander and the department of that particular party. Section S. Public announcements concerning the function of the Task Force will be made only by permission of the Advisory Board in conjunction with the parties to this agreement and by approval of the Chief of Police or Sheriff of the party in which that release is to be made. 9 Section 6. Public announcements concerning arrests or investigations conducted by the Task Force will be made by the Task Force Commander or the Chief of Police or Sheriff of that party, or his or her designee, where that arrest was made, and upon approval of the Task Force Commander. News releases concerning the Task Force's function, investigations, and /or arrests will not be made by any Task Force officer unless specifically requested by the Task Force Commander or the Chief of Police or Sheriff with permission of the Task Force Commander or the Advisory Board. VIII. FINANCIAL MATTERS Section 1. The fiscal year of the Task Force shall be the calendar year. Section 2. The Finance Department of Anoka County will be responsible for the administration of all funds coming under the direct supervision of the Task Force, whether federal grant funds or contributions of the parties. Section 3. The Task Force Advisory Board shall direct the Commander to prepare an annual grant application, including proposed budget, which will be presented to the parties on or before the application deadline set by the Office of Justice Programs, Minnesota Department of Public Safety. The Task Force Commander shall submit the approved grant application and budget to the Office of Justice Programs by the deadline established by the Office of Justice Programs. Section 4. Funding shall be in the form of a matching grant from the federal government. The contributions of the parties shall be at least 25% of the total budget 10 established for the current year. An individual party's financial contribution shall be proportioned to the number of officers committed to the Task Force as shown in the grant application budget. The matching funds will be submitted to the Finance Department of Anoka County by the parties at the beginning of the grant period. Any unused snatch funds will be returned at the end of the grant period in a manner determined by the Advisory Board. Section 5. Any assets seized by the Task Force and awarded to the Task Force through administrative or judicial proceedings shall be distributed to the parties on a periodic basis as determined by the Board. The formula for distribution of these assets shall be proportioned based on the number of officers assigned for each participating agency. The Task Force Commander will be responsible for the distribution of funds or assets seized or forfeited by the Task Force. Section 6. The Commander, upon direction and approval of the Advisory Board, is authorized to sign and enter into contracts on behalf of the Task Force as may be necessary. IX. DEPUTATION Officers assigned to the Task Force, while performing their assigned duties as Task Force officers in a jurisdiction other than their own jurisdiction, shall have the same powers, duties, privileges, and immunities as conferred upon them by their own jurisdiction. The authority granted hereunder does not constitute employment by the Task Force or by the city or county in which the duty or duties are being performed. Any 11 worker's compensation claim or work related injury that may occur as a result of working with the Task Force shall be the sole responsibility of the officer's home jurisdiction. Further, the authority granted hereunder extends only so far as may be necessary to complete the duties assigned to the officers and terminates at the expiration of this agreement and any extension thereof. X. INSURANCE The Task Force shall purchase insurance to provide liability and property damage coverage in the amount determined by the Advisory Board. In no event will the insurance coverage be less than the League of Minnesota Cities Insurance Trust standard liability coverage. The insurance shall provide coverage for all authorized Task Force operations by Task Force members. XI. DURATION Section 1. This agreement for Task Force operations shall be in effect from January 1, 2009, notwithstanding the dates of signature by the parties, and shall continue in effect until terminated in accordance with the provisions herein. Section 2. Any party may withdraw from this agreement on December 31 of any year by declaring its intention to withdraw in writing and providing the written notice, delivered by mail or in person, to each of the other parties on or before July 1st of that year. Notice by mail shall be deemed received three days after mailing. Withdrawal by a 12 party shall not result in the discharge of any legal liability incurred by such party before the effective date of withdrawal. Section 3. This agreement shall terminate under the following circumstances: (1) There are no remaining parties as a result of withdrawal pursuant to this agreement; or (2) All remaining parties mutually agree to terminate this agreement; or (3) This agreement shall terminate automatically when grant funding for Task Force activities is discontinued. XII. CONTRACTS AND PURCHASES Any contracts and purchases made pursuant to this agreement shall be made by the County and shall conform to the requirements applicable to Anoka County. XIII. STRICT ACCOUNTABILITY Pursuant to Minnesota Statute §471.59, a joint powers agreement is to provide for strict accounting of all funds and report of all receipts and disbursements. Any party to this agreement may request a strict accounting at any time. XIV. ENTIRE AGREEMENT 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. 13 XV. SIGNATURES All parties to this agreement need not sign the same copy of the agreement. An original agreement signed by each party to this agreement shall be maintained in the Office of the Anoka County Sheriff. DATE: b ! 0 County of Anoka By: Dennis Berg l� Its:. County Board, Chair By: Terry Joy sod Its: County Administrator By: B ce Ana -rsohn Its: Sheriff XV. SIGNATURES All parties to this agreement need not sign the same copy of the agreement. An original agreement signed by each party to this agreement shall be maintained in the Office of the Anoka County Sheriff. DATE: F, b / zoo City of Anoka By: % Phil Rice - Its: Mayor I By: J `t ii C Cruikshank / Its: ity Manager By: pay A L , Philip Joh sot, :: Its: Chief of Police XV. SIGNATURES All parties to this agreement need not sign the same copy of the agreement. An original agreement signed by each party to this agreement shall be maintained in the Office of the Anoka County Sheriff. DATE: / ' 7 10 City of Blaine i By: T.m Ryan Its: Mayor By: i "--4 " - ' 4 Clark Arneson Its: City Manager By: Chris • lson Its: Chief of Police XV. SIGNATURES All parties to this agreement need not sign the same copy of the agreement. An original agreement signed by each party to this agreement shall be maintained in the Office of the Anoka County Sheriff. DAl'E: I - `/ /0 City of Champlin /' / '/ By: t Aegis , Mark Uglem Its: Mayor By Bret Its: City Manager By: e - , . " ' � ' D ave Schwarze Its: Chief of Police XV. SIGNATURES All parties to this agreement need not sign the same copy of the agreement. An original agreement signed by each party to this agreement shall be maintained in the Office of the Anoka County Sheriff. DATE: /0-9 G' City of Columbia Heights irtL / Gary Peterson' Its: Mayor By. . Walter R. Fehst Its: City Manager B — r/ Sc. • al eau Its: - - 'ef of Police 7 XV. SIGNATURES All parties to this agreement need not sign the same copy of the agreement. An original agreement signed by each party to this agreement shall be maintained in the Office of the Anoka County Sheriff. DATE: 111, / ,9„0 (0 City of Coon Rapids B eia Tim Howe , , , Its: Mayor , .1 L ` i . Ad , ,:,„,.-M-",., M. Fulton Its: City Manager 0( .l By: A / e Wells Its: Chief of Police XV. SIGNATURES All parties to this agreement need not sign the same copy of the agreement. An original agreement signed by each party to this agreement shall be maintained in the Office of the Anoka County Sheriff. DAl'E: February 22, 2010 City of Fridley By: („ Scott Lund ; Its: Mayor B _,":11,://: � li�; Dr. William Burns Its: City Manager By: Donovan W. Abbott Its: Director of Public Safety XV. SIGNATURES All parties to this agreement need not sign the same copy of the agreement. An original agreement signed by each party to this agreement shall be maintained in the Office of the Anoka County Sheriff. DATE: / / 0 City of Maple Grove By: A Mar -Steffens . Its: Mayor ,') it By: Al Madsen Its: City Manager By: }44-16 ak/kuki(--, Mona Dohman Its: Chief of Police