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07-209Council File # Presented By: RESOLUTION CITY QF SAINT PAUL, MINNESOTA Green Sheet # D� ao� 3036869 Referred To: Committee:Date: �9 1 RESOLVED, that the City of Saint Paul, Police Department, is authorized to enter into the attached 2 amendment to agreement #02-13335-I with the cities of Maplewood, roseville and White Sear Lake to 3 create the East Metro Narcotics Task Force. A copy of said agreement is to be kept on £ile and on 4 record in the Office of Financial Services. 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 Yeas Nays nbsent Requested by Department of: Thune Adogted by Council: Date: Adoption Cer�ti�fied by C�o ncil Secretary: BY� // //o//%i �is.l,�So.� Approved by By: l�/b � Approve y ay r for Sub ission Council: � By: q:\FiscalW O&CR�200TEastMetroTaskForce2007.x1s � Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet � 07 ao � PD — POHceDeparmiem ContaCt Person & Phone: Chief John Harrington 26Fr5588 Doc. Type: RESOLUTION � E-DOCUment Requiretl: Y ' Document CoMact: Amy Brown ', Contact Phone: 266-5607 Total # � Assign Number For Routing Order (C{ip All Locations for Signature) 0 1 2 3 4 5 6 Green Sheet NO: 3036869 'P011CCD8Patmleut : PoIICeDepardn¢u[ ' � alice Deoar�ent Police Deoaz'lment t� ity Attorne9 { Clty Aitorney �hlayor's OtSce Mavor Gawcil I Council ' Clerk Ci C1erk oliceDepar�ent I PoliceDeparlment i Signatures on the attached council resolution au[horizing [he City of Saint Paul, Potice Depar[ment, ro enter into the at[ached amendment to agreemen[ #02-13335-I. idatiotls: Approve (A) or flEject (R): PEYSOnaI SeNIC6 Gontreet5 MuSt AfiswEf tne hollowing tHfESt1o11s: Planning Commission 1, Has this persoNfirm ever wodced under a contract for this department? CIB Committee Yes No Civi1 Service Commission 2. fias this person/firm ever been a ciry employee? Yes No 3. Does this person/iirm possess a skitl not norcnally possessetl by any � current city employee? � Yes No Explain all yes answers on separate sheet and attach to green sheet Initiating Problem,l5sues, Opportunity (Who, What, When, Where, Why): The cities of Maplewood, Roseville and White Beaz Lake wish to be parties [o the Task Force. The timeline for [he Task Force will be extended tluough December 31, 2007. i Advantages If Approved: , The agencies will be able to continue enforcement of nazcotic crimes. { Oisadva�tages If Approved: None. ! Disativantages If Not Approvetl: I The agencies will be unable to continue enforcment of nazcotic crimes. TransacUO�: Funding Source: Fina�cial Info�nation: (Erzplain) CoSURevenue ButlgMed: Activity Number: RECEIV�D 20�7 TC� �Gc� �Es(i� February 8, 2007 10:21 AM Page 1 AIVIENDMENT' To JoINT � EAST ME�o TASK FORCE WF�REAS, On or about Feb;uary 7, 2005, Ramsey�County ("County"), a political subdivision of the State of Minnesota, and the City of Saint Paul ("City"), a Mmnesota municipality entered into a 7oint Powers A�eement ("JPA") to create the East Metro Narcotics Task Force ("Task Force"); and WF�REAS, The Cities of Maplewood ("Maplewood"), Roseville ("Roseville"), and White Beaz Lake ("WBL") wish to become parties to the JPA and members of the Task Force; and WHEREAS, The provisions of the Request for Proposals for calendaz year 2007 funding issued by the Minnesota Department of Public Safety Office of Justice Programs require participating agencies to enter into a 1PA; and WI�REAS, Certain provisions of the JPA need to be modified due to the expansion of the parties to the JPA (collectively, "Parties") to include Maplewood, Roseviile, and WBL as required in order to comply with the requirements for calendaz yeaz 2007 funding by the Minnesota Department of Public Safety Office of Justice Programs; NOW THEREFORE, The Parties agree as follows: On and after the effective date of this Amendment, the term "Agencies" shall mean the Ramsey County Sheriffls Office, the City of Saint Paul Police Department, the City of Maplewood Police Department, the City of Roseville Police Department, and the City of White Bear Lake Police Department. 2. Section 2. Members, is revised to read as follows: "The East Metro Nazcotics Task Force (hereinafter "Task Force") is hereby established by the Parties. The Task Force members aze Raznsey County, the City of Saint Paul, the City of Maplewood, the City of Roseville, and the City of White Bear Lake." The title of Section 4. is revised to read as follows: "4. Term of AgreementfWithdrawal(Termination". 4. Section 42 is revised to read as follows: "4.2 A Party may withdraw from the Task Force and terminate its participation upon giving at least thirty (30) days' written notice to the other Parties. This Agreement shall automatically renew �or additional one year periods ("Renewal Term") unless a majority of the then-current Parties gives written notice to the other Parties of their intent not to renew at least sixty (60) days prior to the end of the then-cunent Initial Term or any Renewal Term." S. Section 43 is revised to read as foliows: "4.3 This Agreement may be terminated at any time during the Initial Term or Renewal Term by a majority o£ the then-current Parties upon no less than sixty (60) days' written notice bg the tenninating Parties notice to the other Parties." 6 ��CE'f��� E$ Q7100t ��-�C��' :R� A��EMENT CREATING Amendment to Fast Metro Nazcotics Task Farce JPA 1 of 6 d7 a�� 6. Section 6. Task Force Board, Paragraph 6.1, is revised to read as foliows: .- .._ -... ..__"6.1� The governing boazd of ihe Task Force shail be a Board of Directors (`Board"), to ��_ __ __ be made up of one represernative from each of the foilowing agencies: the Ramsey County Sheriff's Office, the City of Saint Paul Police Depaztment, the City of Roseville Police Departme�, the City of Maplewood Police Department, the City of White Bear Lake Police Department, the Ramsey Courny Aitorney's Office, and the United States Attomey's Office; the Grant Coordinator for the Task Force who shall be selected by the Ramsey Courny Sheriff and 5aint Paul Police Department Chief; and a fiscal representative who shall be selected by the Ramsey County Sheriff and Saint Paul Police Department Chief. All '� Directors shall serve at the pleasure of their appointing authorities." 7. ,- Effective Date. The terms of this Amendment shall be effective as of the last date signed below. 8. Except as modified herein, the terms of the Agreement remain in full force and effect as to all Parties to this Amendment. IN WITNESS THEREOF, the undersigned Parties, by actions of their goveming bodies, or their authorized designees, have caused this Amendment to be executed in accordance with the authority ofMinnesota Statutes § 471.59. RAMS COUNTY� � `,�� David Twa, County Manager Date: � ��I �d`� F,,._, _ _- Approval recommende • � Bob Fletcher, 5heriff Approved as to form and insurance: ��� �/�? _ As istant Coun y Attorney Purchase Order or Aspen Vendor Contract Number: N/A --�- Funds aze available Budgeting and Accounting Amrndment tn East Melro Narcotics Task Focce JPA 2 of 6 o�-a�q CITY OF SAINT PAUL By: Its: Mayor Date: Approval Recommended: Police Chief Saint Paul Police Department Approved as to form and legality: Saint Paul City Attomey Financiai Services Director Amendma�rt to East MetroNamotics Task Fcxcz 3PA 3 of 6 � � ao� CTI'I' OF MAPLEWOOD By: Its: Mayor Date: Approval Recommended: Police Chief Maplewood Police Department Approved as to form and legality: Maplewood City Attomey Financial Services Director Amendment to East Metro Narcotics Task Force JPA 4 of 6 r�� a� CTTY OF ROSEVII.LE By: Its: Mayor Date: Approval Recommended: Police Cluef Roseville Police Department Approved as to form and legality: Roseville City Attorney Financial Services Director Amendment to East Meho Narcotics Taslc Porce JPA 5 oF6 o7-ao� CITY OF WHITB BEAR LAKE By: Its: Mayor Aate: Approval Recommended: Police Chief White Bear Lake Police Department Approved as to form and legality: White Bear lake City Attorney Financial Services Director 6of6 pmendment to East Metro Nazcotics Task Face JPA a � ao9 : ;�r �u�� ��� �33�� .IOINS POWERS AGREEMENT CREATtNG THE EAST METRO NARCOTICS TASK FORCE This is an agreement 6etween Ramsey County, a political subdivision of the State of Minnesota, and the City of Saint Paul, a Minnesota municipality (hereinafter collectiveiy referred to as "the Parties"), pursuant to the provisions ofi Minnesota Statutes Section 471.59, the Joint Powers Act. WHEREAS, The Parties each have law enforcement agencies with police powers vuithin their respective jurisdictions: Ramsey County has the Ramsey County Sheriffs Office, and the City of Saint Paui has the City of Saint Pauf Po4ice Department; (hereinafker collectively refetted to as "the Agencies"}; and WHEREAS, The Agencies are responsible for the enforcement of controlled substance laws in their respective jurisdictions; and WHEREAS, The Parties, through their Agencies, wish to form a joint task force for tfie purpose of more efficiently and effectively enforcing controf{ed substance laws and investigating and prosecuting their refated crimes, especially fefonies that have the likefihood of being related to the distribution of narcotics and/or other cases that have an impact on both Parties; NOW THEREFQRE, The Parties, agree as follows: 1. Generaf Purpose. The purpose of this Agreement is to estabiish the East Metro Narcatics Task Force as an organization to coordinate efforts to investigate, apprehend, and prosecute druq offenders, and to define the rights and obligations of the Parties with respect to the duties and activities performed by the Task Force throughout the term of the Agreement. 2. Members c��+ nno�.., nt�rrntirc Tack Fnrci� .{PA 07 ao� The East Metro Narcotics Task Force (hereinafiter °Task Force") is hereby established by the Parties. The Task Force members are Ramsey County and the City of Sai�t Pauf. 3. Good Faith The Parties and tfie Agencies sha41 cooperate and use their best efforts to ensure that the various provisions ofi this Agreement are fuffilled, and to undertake resolution of disputes, if any, in good faith and in an equitable and timely manner. 4. Term of AqreementiTermination 4.1 The Initiai Term of this Agreement shali be for a one-year period, from January 1, 2005 through December 31 2005. 4.2 This Agreement shall automatically senew for additional one year periods ("Renewal Termn) unless either of the Parties gives written notice to the other party of its intent not to renew at least sixty (60) days prior to the end ofi the then-current fnitia{ Term or any Renewal Term. 4.3 This Agreement may be terminated at any time dusing the Initiai Term or Renewal Term by one ofthe Parties with 30 days written notice to the other Parties. 4.4 Upon termination of this Agreement, ail property owned by the Task Force shall be distributed to the Agencies in equal parts or sold with the proceeds distributed to the Agencies in equal parts. ProQerty of the Agencies or the Parties that had been {oaned for use by the Task Force shali be retumed. 5. State Assistance for Narcotics Control Ramsey County, acting on behalf of Task Force, the Parties to this Agreement, or the Agenc+es, in relation to this Agreement, shall be the grant applicant forfunding from the Minnesota O�ce of Justice Programs ("OJP"),. Department of Public Safety ("DPS"j for mu{ti-jurisdictional narcotics task forces, and alf other sources for this Agreement. Task Force Board 6.1 The goveming board of the Task Force sha{I be a Board of Directors ("Board°), to be made up of one representative from each of the foAowing agencies: the Ramsey County Sheriff's Office, the City of Saint Paul Police Department, the City of Roseviife Police Department, the Ramsey County Attomey's O�ce, and the United States Attorney's O�ce; the Gsant Coordinator forthe Task Force who shall be selected by the Ramsey County Sheriff and Saint Paul Polics Depa�tment Chief; and a fisca4 representative who shail be selected by the Ramsey County Sheriff and Sa+nt Paul Polics Department Chief. All Directors shall serve at the pleasure oftheir appointing authorities. Fast Metro Narcotics Task For�4s JpA D?-ao� 6.2 Directors shalf not be deemed employees of the Task Force and shall receive no compensation from the Task Force for seniing as directors: 6.3 The Board has finaf administration and policy decision-making authority for the Task Force. Decisions shalt be made by a majocity of the Board. 6.4 The Board shaif ineet quarteriy to eva�uate ths progsess of the Task Force. The Board sfia{{ maintain records of Task Force activities. A special meeting may be called by any Director, or by a Task Force Commander. 6.5 The Board may apply for grants, approve contracts, including agreements for the rental of real property, incur expenses and make expenditures necessary and incidental to the effectuation of its purposes and consistent with its powers. 6.6 The Board will develop Task Force priorities, a Task Force budget, and Task Force operationa4 policies and procedures. 6.7 The Soard shali cooperate with other federa4, state, and loca! law enforcement agencies when appropsiate and necessary to accomplish the purpose fos' which the Task Force is organized. 6.8 The Board may not incur debts. 6.9 7he Board shall make the Task Force's books, reports, and records open to inspection by the Agencies at ail reasonabie times. 6.1 � The Boarc! has sole authority to incur obiigations and approve contracts and take finai action on behalf of the Task Force. 6.11 The Task Force may not incur obligations or approve contracts that extend 6eyond the Initial Term or Renewal Term of this Agresment orwhich wiil require the expenditure of funds in excess of funds availa6le. 6.12 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 Agencies or Parties as the agent, representative or empioyee of any of the other Agencies or Parties for any purpose or in any manner whatsoever. 6.13 The Board shail make a quarterly statisticai report and a financial report to the Parties on ali activities conducted by the Task Force. 7. Task Force Operations 7.1 Daiiy operation and responsibifity for carrying out the purpose of the Task Force sha11 be under the direction of Two Task Force Commanders, one appointed by the St. Paul Police Ghief, and one appointed by the Ramsey County Sheriff. 7.2 The Task Force Commanders wi{I pian and coordinate case activities and direct investigative activities based nn inteAigence provided by the Agencies, with priorities as determined by tfie Board. 8. Finances East Metro Narcotics Task Fore�� JPA o?-ao� 8.1 Task Force operations wili be financed firom the Task Force grant#� and drug forfeiture funds as necessary to meet the Parties' matching fund obiigations under the terms of a�ry the grant agreement ("Task Force Funds°). 8.2 Ramsey County shail serve as the Fiscal Agent for the 7ask Force. 8.3 Ramsey County, as Fiscal Agent, is authorized to receive all Task Force Funds for deposit and make disbursements therefrom in accordance with standard accounting practices and procedures. In conjunction therewith, the Ramsey County Sheriff s Office Accounting Division sfiali mairrtain cunent and accurate records of all obligations and expenditures of Task Force Funds. 8.4 Task Force Funds may be expended as directed by the Board a�d in accordance with this Agreement. {n no event shall there be an expenditure of Task Force Funds except per ihe approved l"ask Force budget. 8.5 The Ramsey County Sheriff s Office shall make and submit to the Board a quarter4y report of the budget status of the Task Force Funds. 9. Task Force Personnel 9.1 The Agencies shall assign iicensed peace officers and other personnel to the Task Force as needed to carry out its purpose and to perform their responsibilities under this Agreement. 9.2 Other iaw enforcement agencies may also assig� personnel to the Task Force. 9.3 All personnel assigned to the Task Force ("Task Force Personnei°) shaif remain emp{oyees of the agency assigning the personnei and shali not be considered temporary or permanent empioyees of any of the other Parties or the Task Force for any purpose whatsoever or be entitled to tenure rights or any rights os benefits by way ofworkers compensation, re-employment insurance, medical and hospital care, sick and vacation leave, severance pay, PERA or any other right or benefit of another ofi the Parties. The Agencies acknowledgs their individual responsibility to provide all salary compensation and fringe benefrts to their emp4oyees while performing services on behalf of the Task Force. Benefits may include, but are not {imited to, hea4th care, disabi4ity insurance, lite insurance, re- employment insurance, FiCA, Medicare, PERA, vacation, sick leave, and unpaid leave of absence. 9.4 All Task Force Personnel shafl be required to comply with the rules of conduct and operating procedures prescribed by the Task Force Commanders, which shall be developed in consuitation with the heads of the Agencies and in recognition of the rules of their respective Agencies. The Task Force Commanders, or theis des+gnees, sha4! refer discip(inary matters invoiving Task Force Personnel to the person's originating agency for investigation and disposition unless, based on the judgment of a Task Force Commander, or hislher designes, a particular matter represents pro6able cause for the issuance of a crirninal complaint, in which case the matter shall be seferred directly to an e�ctemal law enforcement agency for investigation, provided the person's agency head is natified in advance thereof. 9.5 As assigned by the Task Force Commanders, Task Force Personnei will be responsibfe for drug investigation, including inteiligence management, case deveiopment, and present+ng cases for charging to the appropriate prosecuting authority. Task Force Personnei may aiso assist other law enforcement agencies in surveillance and undercover operations. Task Force Personnef wi11 work G��t TAatm Namnticc Task Fnrr.i? JPA D 7-a-o� cooQeratively with assisting agencies. Task Force Personnel who are peace officers and who take action in the jurisdiction of another jurisdiction are authorized to exercise the powers of a peace officer in the other jusisdiction for purposes of Task Force activities. 10. Advisor The Ramsey County Attomey sha41 designate an Assistant Ramsey CountyAttomey ftom the Prosecution Division to advise the Task Force. The Ramsey County Attomey's Office shafl provide civil legal advice to the Task Force, as and if required. 11. Location Task Force activities shall take place out of a centrai location to be agreed to by the Agencies. 12. �orfeiture. Seizures and Fines The Agencies are entitled to money or proceeds from the sale of forfeited property after payment of se+zure, storage, forfeiture and sale expenses and satisfaction of valid liens against forfeited property, in accordance with Minnesota statutes on forfeiture. Proceeds received by the Agencies from specific Task Force case forfeitures shail be used to support the efForts of the Task Force accord'+ng to the Task Force grant requirements. The use and disbursement of these proceeds must be approved by the Soard. IN WITNESS THEREOF, the undersigned Parties, by action of their goveming bodies, or their authorized designees, have caused this Agreement ta be executed in accordance with the authority of Minnesota Statutes § 471.59. RAMSEY COUNTY .���� David Twa, County Manager Date: 'I B� Approval recommended: ����:�.o Bab Fletcher, Sheriff Approved as to form and insurance: �� -,� �-����. zJLj� s--- As istant Co nty Attorney Purchase Order or c.,�+ nno+.-., �I�r�ntirc Tack Fnrc�? .IPA 5 Aspe��� dor Contract Number. Funds are available Account Number: _� ' 1�, 6udgeting and Acco ting CITY OF S�iNT PAUL By: its: Date: ! �' � Z� � Paul Police as to f�ran�, lega(ity: . � Financial ervices Director East Metro Narcotics Task Fo��c� JPA 0 7-do9