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HomeMy WebLinkAboutMoble Field Force JPA JOINT POWERS AGREEMENT WASHINGTON COUNTY MOBILE FIELD FORCE THIS JOINT POWERS AGREEMENT(the "Agreement") is made by and between the political subdivisions organized and existing under the Constitution and laws of the State of Minnesota, hereafter collectively referred to as"Parties," and individually as"Party"who are responsible for public assembly responses in their respective jurisdictions. Whereas, Minnesota Statutes,Section 471.59 provides that two or more governmental units may by Agreement jointly exercise any power common to the contracting Parties or any similar powers; and Whereas, Minnesota Statutes,Section 626.76 provides that any appointive or elective agency or office of peace officers may establish rules or regulations and enter into agreements with other agencies and offices for: Assisting other peace officers in the line of their duty and within the course of their employment, and exchanging the agency's peace officers with peace officers of another agency or office on a temporary basis. Now therefore, in consideration of the mutual promises and Agreements contained herein and subject to the provisions of Minnesota Statutes,Sections 471.59, 626.76,and all other applicable statutes, rules, and regulations,the Parties agree as follows: Article 1 The Parties The Parties to this Agreement shall be the following governmental units: Washington County City of Cottage Grove City of Forest Lake City of Oak Park Heights City of Oakdale City of St Paul Park City of Stillwater City of Woodbury 1 Article 2 Purpose The Parties desired to establish a highly trained and skilled Mobile Field Force Unit whereby they may jointly exercise powers common to law enforcement on issues requiring: 2.1 A response to public assemblies, including but not limited to,civil disturbances, protests,and riots. 2.2 A coordinated and formal framework for membership and personnel commitments, overall operations, available resources,general management,and liability issues consistent with the intent of the Agreement and the objectives of the Parties. 2.3 Other similar or related services, programs, and procedures as determined by the Board. Article 3 Name The name of this entity shall be the Washington County Mobile Field Force Unit("MFFU"). Article 4 Governance 4.1 Governing Board. A governing board shall be formed to oversee the operation of the MFFU (the "Board").The Board will be comprised of the chief law enforcement representing each of the respective Parties' primary law enforcement agency,or that person's respective designee. Board members shall not be deemed employees of the MFFU and shall not be compensated. 4.2 Terms. Board members shall serve at the pleasure of the appointing Party and may be removed only by the appointing Party. 4.3 Meetings. The Board shall comply with Minnesota Statutes Chapter 13D (Open Meeting Law). 4.4 By-Laws. The Board may adopt bylaws to govern its operation.Such bylaws shall be consistent with the Agreement and applicable law. 4.5 Amendments. This Agreement may be amended in writing from time to time, upon agreement by the Parties. 4.6 Voting. Each Party to this Agreement shall have one vote at any meeting of the Board. Proxy votes are not permitted. The Board shall function by a majority vote of Board members present, provided that a quorum is present. 2 4.7 Fiscal Agent. Washington County,through its Sheriff's Office,will act as fiscal agent for the MFFU unless otherwise specified by the Board.The fiscal agent may be authorized by the Board to hire employees or contact for services as necessary to carry out the functions of the MFFU. Article 5 Powers of the Board 5.1 General Powers. The Board is hereby authorized to exercise such authority and powers common to the Parties as is necessary and proper to fulfill its purposes and perform its duties. Such authority shall include the specific powers enumerated in this Agreement or in the bylaws. 5.2 Specific Powers. 5.2.1. Contracts. The Board may enter into contracts necessary for the exercise of its duties and responsibilities to govern the MFFU.The Board may take such action as is necessary to enforce such contracts to the extent available in equity or at law.Contracts let and purchases made pursuant to this Agreement shall conform to the requirements applicable to contracts required by law. 5.2.2 Expenses. The Board may incur expenses and make expenditures necessary and incidental to the effectuation of its purpose and consistent with its powers,within its approved budget. 5.2.3 Annual Budget. The Board shall adopt a budget on an annual basis. The annual budget shall include of funds received from the Parties, local law enforcement agencies,state grants, and other sources as approved by the Board. 5.2.4 Insurance. The Board must obtain and maintain liability insurance in amounts not less than the statutory liability limits established under Minn Stat.Ch.466 and may obtain other insurance it deems necessary to insure the Parties,the Board, its members and employees of the Parties for actions arising out of this Agreement, including, but not limited to extended reporting period coverage upon termination.With respect to employees of Parties who have responded to a request for assistance,they will be deemed to be taking actions arising out of this Agreement from the time they received a request for assistance pursuant to this Agreement and commence traveling to the location where assistance is to be provided until the decision had been made to recall the employees. This provision may be satisfied by entering into an agreement with a governmental insurance trust entity 3 5.2.5 Officer assignments. The Board shall have the power and authority to determine guidelines, expectations, and procedures of a Party's assigned officer and a Party's agency. 5.2.6 The Board may contract with any Party to provide budgeting,accounting, and administrative services necessary or convenient for the Board. Such services may include but not be limited to: management of all funds, payment for contracted services and other purchases, relevant bookkeeping and record keeping, records management, training registrations, and purchase of equipment. 5.2.7 All powers granted herein shall be exercised by the Board in a fiscally responsible manner and in accordance with the requirements of law.The purchasing and contracting requirements of the Party providing and accounting services shall apply to the Board. 5.2.8 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 Party under contract to provide budgeting and accounting services. 5.2.9 The Board may apply for and accept gifts,grants or loans of money or other property (excluding real property)or assistance from the United States government,the State of Minnesota,or any person,association, or agency for any of its purposes: enter into any agreement in connection therewith,and hold, use and dispose of such money or other property and assistance in accordance with the terms of the gift,grant or loan relating thereto. 5.2.10 The Board may cooperate with other federal, state, and local law enforcement agencies to accomplish the purpose for which it is organized. 5.2.11 The MFFU does not have the authority to seize property for the purpose of Minn.Stat. § 609.531.5318. 5.2.12 The Board may retain or use legal counsel to advise the Board and provide civil legal services. 5.2.13 Any other municipality within Washington County or any municipality or county adjacent to Washington County may become a party to this Agreement upon approval of the Board, adoption or a resolution by the entity's governing body,execution of this Agreement, and filing of the same with the chair of the Board. Article 6 Indemnification and Hold Harmless 4 6.1. Liability Limits. The MFFU shall be considered a separate and distinct public entity to which the Parties have transferred all responsibility and control for action taken pursuant to this Agreement. To the full extent permitted by law,actions by Parties pursuant to this Agreement are intended to be and shall be construed as a "cooperative activity" and it is the intent of the Parties that they shall be deemed a "single governmental unit" for the purpose of liability,as set forth in Minnesota Statutes, Section 471.59,subd. 1, and provided further that for purpose of that statute,each Party.The Parties to this Agreement are not liable for the acts or omission of another Party to this Agreement except to the extent they have agreed in writing to be responsible for the acts or omissions of the other Parties. 6.2 Indemnification and Hold Harmless. The MFFU shall fully defend, indemnify,and hold harmless the Parties against all claims, losses, liability,suits,judgments, costs, and expenses including attorney fees, arising out of the acts or omissions of the MMFU in carrying out the terms of this Agreement. Nothing herein shall be construed to provide insurance coverage or indemnification to an officer, employee, or volunteer of any member for any act or omission for which the officer, employee,or volunteer is guilty of malfeasance in office,willful neglect of duty, or bad faith. This Agreement to indemnify and hold harmless does not constitute a wavier by any Party of any of the limitations on liability provided under Minnesota Statutes,Section 466.04. 6.3 Any excess or uninsured liability shall be borne equally by all members, but this does not include the liability of any individual officer,employee, or volunteer that arises from his or her own malfeasance,willful neglect or duty,or bad faith. Article 7 Data Practices 7.1 Notwithstanding Minnesota Statutes,Section 13.82,subd. 24 or any other provision of law the Parties agree that for purposes of the Minnesota Government Data Practices Act and all other statutes and provision of law related to data practices,data management and records retention, each Party shall remain the exclusive responsible authority,for its own data management,for responses to data requests and for all aspects of records retention for any and all data that is collected,created, received, maintained or disseminated by the Party as a result of an activity arising out of this Agreement. Article 8 Operations 8.1 Deployment. 8.1.1 Requests for Assistance. Whenever a Party, in its sole discretion, determines that conditions within its jurisdiction cannot be adequately addressed by that jurisdiction's personnel and resources because of an incident, the Party may request, in accordance 5 with policies and procedures of the governing board,that the MFFU deploy a MFFU team to assist the Party's jurisdiction. Upon a request for assistance, a MFFU team may be dispatched to the requesting Party, in accordance with policies and procedures of the governing board. A Party may decline to make its personnel available in response to any such request. Failure to provide assistance in response to a request made pursuant to this Agreement will not result in any MFFU liability. The Commander will report to the Board quarterly regarding any assistance provided to a Party pursuant to this Agreement. The Commander or an Assistant Commander may at any time and in his/her, sole judgment recall the team. The decision to recall a team provided pursuant to this Agreement will not result in liability to the MFFU, any party, or to the Commander or Assistant Commander who recalled the team. 8.1.2 Direction and Control. Personnel and equipment provided pursuant to this Agreement shall remain under the direction and control of the Party providing the same and also to the tactical control of the Incident Commander. 8.1.3 Compensation. When the MFFU provides services to a requesting Party,the personnel of the MFFU shall be compensated by their respective employers just as if they were performing the duties within and for the jurisdiction of their employer. No charges will be levied by the MFFU or by the Parties for specialized response operations provided to a requesting Party pursuant to this Agreement. 8.1.4 Workers'Compensation. Each Party to this Agreement shall be responsible for injuries to or death of its own employees in connection with services provided pursuant to this Agreement. Each Party shall maintain workers'compensation coverage or self-insurance coverage,covering its own personnel while they are providing assistance as a member of the MFFU. Each Party to this Agreement waives the right to sue any other party for any workers' compensation benefits paid to its own employee or their dependents, even if the injuries were caused wholly or partially by the negligence of any other party or its officers, employees or agents. 8.1.5 Damage to Equipment. Each Party shall be responsible for damage to or loss of its own equipment occurring during deployment of the MFFU. Each Party waives the right to sue any other Party for any damages to or loss of its equipment, unless the damages or losses were caused wholly or partially by the negligence of any other Party or its officers, employees or agents. Article 9 Term The term to this Agreement shall be effective only when all of the Parties have signed this Agreement. Upon commencement,the Washington County Sheriff shall notify the members in 6 writing of the effective date of this Agreement.This Agreement shall continue in effect until terminated in accordance with its dissolution terms. Article 10 Withdrawal and Termination 10.1. Withdrawal. A Party may withdraw from the MFFU by notifying the Chair in writing, providing a 120-day notice. Withdrawal by any Party shall not terminate this Agreement with respect to any Parties who have not withdrawn. 10.2. Effective Date and Obligations. Withdrawal shall be effective on the date approved by the Board. A withdrawing Party may reclaim any equipment it initially contributed to the MFFU when it first joined the MFFU.A withdrawing Party shall have no claim to any property or assets purchased or acquired by MFFU during the term of the Agreement or to any refund of a financial contribution made to MFFU. Withdrawal shall not discharge any liability incurred by any Party prior to withdrawal. Such liability shall continue until discharged by law or Agreement. 10.3. Removal of Officer. When,and if,an assigned Officer is removed from the MFFU, all MFFU equipment shall be promptly returned to the issuing Party. 10.4. Termination.This Agreement shall remain in force until terminated by the Board,following approval for the Agreement termination from each Party's governing body.The termination date for this Agreement will take effect 120 days after the date of the vote. 10.4.1. Effects of Termination. Termination shall not discharge any liability incurred by the Board or by the Parties during the term of the Agreement. 10.4.2. Financial obligations shall continue until discharged by law,this Agreement or any other agreement. 10.4.3. Property,funds,or assets acquired by the MFFU during the term of the Agreement will be dispersed according to the process outlined in the bylaws. Article 11 Counterparts This Agreement may be executed in two or more counterparts,each of which shall be deemed an original, but all of which shall constitute one and the same instrument. 7 IN WITNESS WHEREOF,the Parties, by action of their governing bodies, or their authorized designees, have caused the agreement to be executed in accordance with the authority of Minnesota Statutes,Section 471.59. Washington County Approved as to form and execution: By County Attorney/Date Chair of Board Date of Signature By County Administrator Date of signature Cottage Grove Approved as to form and execution: By City Attorney/Date Mayor Date of Signature Attest City Clerk Forest Lake Approved as to form and execution: 8 By City Attorney/Date Mayor Date of Signature Attest Clerk to the Board Oak Park Heights Approved as to form and exe ution: ry By3 . L. City A •rney/Date Mayor Date of Signature7i cQ__0Attest ` ,...,__ City Clerk._', Oakdale Approved as to form and execution: By City Attorney/Date Mayor Date of Signature Attest City Clerk St Paul Park Approved as to form and execution: 9 By City Attorney/Date Mayor Date of Signature Attest City Clerk Stillwater Approved as to form and execution: By City Attorney/Date Mayor Date of Signature Attest City Clerk Woodbury Approved as to form and execution: By City Attorney/Date Mayor Date of Signature Attest City Clerk 10