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HomeMy WebLinkAbout2013 SWAT JPA (2)2 JOINT POWERS AGREEMENT OF THE SWAT TEAM SERVING WASHINGTON COUNTY Article 1 Enabling Authority THIS 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" which are signatories to this "Agreement." Minnesota Statutes, Section 471.59 provides that two or more governmental units may by Agreement jointly exercise any power common to the contracting Parties; and Minnesota Statutes, Section 626.76 provides that any appointive or elective agency or office of peace officers as defined in subdivision 3 may establish rules or regulations and enter into agreements with other agencies and offices for: (1) assisting other peace officers in the line of their duty and within the course of their employment; and (2) exchanging the agency's peace officers with peace officers of another agency or office on a temporary basis. Additionally, the agency or office may establish rules and regulations for assisting probation, parole, and supervised release agents who are supervising probationers, parolees, or supervised releases in the geographic area within the agency's or office's jurisdiction. Subd. 2. Assistance. (a) When a peace officer gives assistance to another peace officer, or to a parole, probation, or supervised release agent, within the scope of the rules or regulations of the peace officer's appointive or elected agency or office, any such assistance shall be within the line of duty and course of employment of the officer rendering the assistance. (b) When a peace officer acts on behalf of another agency or office within the scope of an exchange agreement entered into under subdivision 1, the officer's actions are within the officer's line of duty and course of employment to the same extent as if the officer had acted on behalf of the officer's employing agency. Subd. 3. Peace officer. For the purposes of this section, "peace officer" means any member of a police department, State Patrol, conservation officer, sheriffs office, or any other law enforcement agency, the members of which have, by law, the power of arrest. Subd. 4. No enlargement of duties. This section shall in no way be construed as extending or enlarging the duties or authority of any peace officer or any other law enforcement agent as defined in subdivision 3 except as provided in this section. 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 following Parties: 1 Washington County Sheriff's Office Bayport Police Department Cottage Grove Police Department Forest Lake Police Department Newport Police Department Oak Park Heights Police Department St. Paul Park Police Department Stillwater Police Department Woodbury Police Department hereto agree as follows: Article 2 Purpose The Parties desire to establish a highly trained and skilled tactical team whereby they may jointly exercise powers common to law enforcement on issues requiring: 2.1 A response to critical incidents, including but not limited to, hostage, barricade, and sniper situations, high-risk apprehension, high-risk warrant service, personal protection, and special assignments 2.2 A coordinated and formal framework for membership and personnel commitments, overall operations, resources available, general management, and liability issues. 2.3 Provide other similar or related services and programs as determined by the Board. 2.4 Establish procedures to add qualifying Parties to this Agreement. 2.5 Establish a mechanism whereby additional and/or alternative programs and services may be developed for the benefit of the Parties and in furtherance of the objectives of the Parties. Article 3 Name The name of this entity shall be the Washington County Special Weapons and Tactics Team (SWAT). 2 Article 4 Governance 4.1. Governing Board. A governing board shall be formed to oversee the operation of the SWAT and shall be known as the Chief Law Enforcement Officer's Board (C.L.E.O.). This board will be comprised of the Washington County Sheriff, the Woodbury Public Safety Director, the Cottage Grove Public Safety Director and a CLEO representing the other agencies, or their respective designee. 4.2. Meetings. The Board shall comply with Minnesota Statutes Chapter 13D (Open Meeting Law). 4.3. By-Laws. The Board may adopt bylaws to govern its operations. Such bylaws shall be consistent with the Agreement and applicable law. 4.4. Amendments. This Agreement may be amended from time to time as deemed necessary. 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 SWAT. 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(i.e. fiscal management, personnel management). 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 annual budget consists of funds received from local law enforcement agencies, state grants, and Washington County. The SWAT budget will be approved by the Chief Law Enforcement Officer's Board. 3 5.2.4. Insurance. The Board shall obtain liability, property and auto insurance and may obtain such other insurance it deems necessary to indemnify the Board and its members for actions of the Board and its members arising out of this Agreement. 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. Article 6 Indemnification and Hold Harmless 6.1. Applicability. The SWAT shall be considered a separate and distinct public entity to which the Parties have transferred all responsibility and control for actions taken pursuant to this Agreement. The SWAT shall comply with all laws and rules that govern a public entity in the State of Minnesota and shall be entitled to the protections of M.S. 466. 6.2. Indemnification and Hold Harmless. The SWAT shall fully defend, indemnify and hold harmless the Parties against all claims, losses, liability, suits,judgments, costs and expenses by reason of the action or inaction of the Board and/or employees and/or the agents of the SWAT. This Agreement to indemnify and hold harmless does not constitute a waiver by any participant of limitations on liability provided under Minnesota Statutes, Section 466.04. To the full extent permitted by law, actions by the 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 a(a); provided further that for purposes of that statute, each Party to this Agreement expressly declines responsibility for the acts or omissions of the other Party. The Parties of this Agreement are not liable for the acts or omissions of the other participants to this Agreement except to the extent to which they have agreed in writing to be responsible for acts or omissions of the other Parties. Any excess or uninsured liability shall be borne equally by all the Parties, but this does not include the liability of any individual officer, employee, or volunteer which arises from his or her own malfeasance, willful neglect of duty, or bad faith. Article 7 Term 4 This Agreement shall commence upon approval of the governing body of each Party and signature of the official with authority to bind the entity listed in Article 1. The Agreement shall be in effect only with respect to the Parties who have approved and signed it. This Agreement is for Calendar Year 2013 and shall continue thereafter with those Parties who do not withdraw from the SWAT. Article 8 Withdrawal and Termination 8.1 Withdrawal. A Party may withdraw from the SWAT by notifying the Chair in writing,providing a 120 day notice of said intention. 8.2. Effective Date and Obli atg ions. Withdrawal shall be effective on the date approved by the Party and Board Chair. A withdrawing Party may reclaim any equipment it initially contributed to the SWAT when it first joined the team. The withdrawing Party is not entitled to a refund of any budget monies for that current year. In addition, the withdrawing Party is not entitled to any assets, which had been purchased through the combined SWAT budget process. 8.3 Removal of Officer. When, and if, an assigned Officer is removed from the SWAT, all SWAT equipment shall be promptly returned to the SWAT. 8.4. Termination. This Agreement shall remain in force until more than 50 percent of the Chief Law Enforcement Officer's Board members vote to terminate the Agreement and have received approval, for the Agreement termination, from their respective city/county board. The termination date for this Agreement will take effect 120 days after the date of the vote. 8.4.1 Effects of Termination. Termination shall not discharge any liability incurred by the Board or by the Parties during the term of the Agreement. 8.4.2 Financial obligations shall continue until discharged by law,this Agreement or any other agreement. 8.4.3 Property acquired by the SWAT will be dispersed according to the process outlined in the bylaws. 5 Article 9 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. Counterparts shall be filed with the Washington County Sheriff who will maintain them at Washington County Law Enforcement Center. IN WITNESS WHEREOF,the Parties, by action of their governing bodies, or their authorized designees, have caused this 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 Attest Clerk to Board 6 Oak Park Heights Approv as to form and executio By 4Z,641" �. CdJ�Z ity, Attorney/D e Mayor Date of Signature l3 0127 Attest �z� Clerk to Bo 11