IV.8. Approval of Joint Powers Agreement with Hennepin County for 911 Services; Johnson
CITY OF HOPKINS
City Council Report 2025-017
To: Honorable Mayor and Council Members
Mike Mornson, City Manager
From: Brent Johnson, Police Chief
Date: February 4, 2025
Subject: Approval of Joint Powers Agreement with Hennepin County for 911
Services
_____________________________________________________________________
RECOMMENDED ACTION
MOTION TO Approve Joint Powers Agreement between Hennepin County and the City
of Hopkins for 911 services.
OVERVIEW
Program Objectives:
Objective 1: Provide social service follow up to individuals involved in mental/behavioral
health related 911 calls.
Objective 2: Decrease the number of mental/behavioral health calls that have a law
enforcement response.
Objective 3: Provide law enforcement officers and Individual(s) with information about
community resources that may benefit Individual(s) and minimize the need for future
911 calls.
Objective 4: Decrease use of force by officers by providing officers en route to the call
pertinent information from social service databases about the mental/behavioral health
history of the Individual in crisis while on mental health related calls in Phase 2 of the
Program.
Objective 5: Increase mental / behavioral health training for dispatchers. Mental health
training will be added to the new dispatcher training curriculum.
SUPPORTING INFORMATION
• Joint Powers Agreement
Police Department
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JOINT POWERS AGREEMENT
BETWEEN HENNEPIN COUNTY
AND THE CITY OF HOPKINS
This Joint Powers Agreement (“Agreement”) is made and entered into by and between the County
of Hennepin, Minnesota (“COUNTY”) on behalf of its Human Services and Public Health
Department (“HSPHD”) and on behalf of its Sheriff’s Office (“HCSO”), 300 South Sixth Street,
Minneapolis, Minnesota 55487 and the City of Hopkins (“CITY”) 1010 1st Street South, Hopkins,
Minnesota 55343, on behalf of its Police Department, (“POLICE DEPARTMENT”). The parties
to this Agreement may also be referred to individually as “Party” and collectively as “Parties”.
WHEREAS, COUNTY is a political subdivision of the State of Minnesota and its Human
Services and Public Health Department and Sheriff’s Office are empowered to provide general
and emergency public services that support and protect the physical, mental and behavioral health
of individuals in Hennepin County; and
WHEREAS, CITY is a political subdivision of the State of Minnesota and is empowered
to provide general and emergency public services, including 911 dispatch services provided by its
Police Department, in a manner that supports and protects the physical, mental and behavioral
health of individuals in CITY within Hennepin County; and
WHEREAS, the parties desire to jointly and cooperatively coordinate their expertise and
delivery of services to further the interests of providing 911 dispatch services in a manner that
most effectively and efficiently supports and protects the physical, mental and behavioral health
of individuals in CITY and Hennepin County, subject to the terms and conditions of this
Agreement.
NOW, THEREFORE, in consideration of the mutual promises and benefits realized by
each party, the parties agree as follows:
1. PURPOSE
The purpose of this Agreement is to enable COUNTY to provide social work services to
CITY’S POLICE DEPARTMENT to further the interests of providing 911 services in a
manner that most effectively and efficiently supports and protects the physical, mental and
behavioral health of individuals in CITY and Hennepin County as detailed herein, and for
CITY to secure such services from COUNTY and to establish the terms on which such services
shall be provided.
2. PROJECT/PROGRAM
The parties shall cooperate and collaborate to develop and perform services associated with
the 911 Embedded Social Worker Program (the “Program”), as further described and outlined
in EXHIBIT A: Description of Services.
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3. TERM OF THE AGREEMENT
This Agreement shall commence on January 1, 2025, and expire on December 31, 2026, unless
terminated earlier in accordance with the provisions herein.
4. CONSIDERATION
The parties expressly agree that neither party shall pay the other any amount hereunder. Each
party agrees that the mutual undertakings set forth herein are good and valuable consideration,
the receipt and sufficiency of which is acknowledged.
Further, the parties expressly agree that neither this Agreement nor either party’s performance
hereunder obligates or commits either party to enter a subsequent contract or engagement with
the other.
5. LIABILITY AND NOTICE
A. Each party shall be liable for its own acts and the results thereof to the extent provided by
law and, further, each party shall defend, indemnify, and hold harmless each other
(including their present and former officials, officers, agents, employees, volunteers, and
subcontractors), from any liability, claims, causes of action, judgments, damages, losses,
costs, or expenses, including reasonable attorney’s fees, resulting directly or indirectly
from any act or omission of the party, anyone directly or indirectly employed by it, and/or
anyone for whose acts and/or omissions it may be liable, in the performance or failure to
perform its obligations under this Agreement. The provisions of Minnesota Statutes,
Chapter 466 shall apply to any tort claims brought against COUNTY and/or CITY as a
result of this Agreement.
B. To the fullest extent permitted by law, action by the parties to this Agreement is intended
to be and shall be construed as a “cooperative activity” and it is the intent of the parties that
they shall be a deemed a “single governmental unit” for the purposes of liability, as set
forth in Minnesota Statutes, section 471.59, subdivision 1a(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 to this Agreement except to the extent they have
agreed in writing to be responsible for the acts or omissions of the other party. The total
liability for the parties shall not be added together to exceed the limits on governmental
liability for a single governmental unit, pursuant to Minnesota Statutes, section 471.59,
subd. 1a(b).
C. Duty to Notify: Each party shall promptly notify the other party of any actual or suspected
claim, action, cause of action, administrative action, criminal arrest, criminal charge, or
litigation brought against the party, its present and former officials, officers, agents,
employees, volunteers, and subcontractors which arises out of this Agreement.
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6. INSURANCE
Each party warrants that it has a purchased insurance or a self-insurance program sufficient
to meet its liability obligations and, at a minimum, to meet the maximum liability limits of
Minnesota Statutes Chapter 466. This provision shall not be construed as a waiver of any
immunity from liability under Chapter 466 or any other applicable law.
7. INDEPENDENT PARTIES
Notwithstanding any other formal, written agreements or contracts which may exist between
COUNTY and CITY, nothing is intended or should be construed in any manner as creating or
establishing the relationship of partners between the parties hereto or as constituting either
party as the agent, representative, or employee of the other for any purpose or in any manner
whatsoever. Each party is to be and shall remain an independent contractor with respect to all
services performed under this Agreement. Each party will secure at its own expense all
personnel required in performing services under this Agreement. Any personnel of a party or
other persons engaged in the performance of any work or services required by that party shall
have no contractual relationship with the other party and will not be considered employees of
the other party. Neither party shall be responsible for any claims related to or on behalf of any
of the other party’s personnel, including without limitation, claims that arise out of
employment or alleged employment under the Minnesota Unemployment Insurance Law
(Minnesota Statutes, chapter 268) or the Minnesota Workers’ Compensation Act (Minnesota
Statutes, chapter 176), or claims of discrimination arising out of state, local, or federal law,
against the party, its officers, agents, contractors, or employees. Such personnel or other
persons shall neither require nor be entitled to any compensation, rights, or benefits of any kind
from the other party, including, without limitation, tenure rights, medical and hospital care,
sick and vacation leave, workers' compensation, unemployment compensation, disability,
severance pay, and retirement benefits.
8. NONDISCRIMINATION
In accordance with the respective CITY and COUNTY policies against discrimination, the parties
shall not exclude any person from full employment rights or participation in, or the benefits of,
any program, service or activity on the grounds of race, color, creed, religion, age, sex, disability,
marital status, sexual orientation, public assistance status, or national origin; and no person who
is protected by applicable federal or state laws against discrimination shall be otherwise subjected
to discrimination.
9. NO THIRD PARTY BENEFICIARY
Except as herein specifically provided, no other person, customer, employee, or invitee of
either party or any other third party shall be deemed to be a third party beneficiary of any of
the provisions herein.
10. DATA
COUNTY and CITY, their officers, agents, owners, partners, employees, volunteers and
subcontractors, shall abide by the provisions of the Minnesota Government Data Practices Act,
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Minnesota Statutes, chapter 13, and all other applicable state and federal law, rules, regulations
and orders relating to data privacy, confidentiality, disclosure of information, medical records
or other health and enrollment information, and as any of the same may be amended, as well
as the data and data sharing provisions set forth in Exhibit A. The terms of this paragraph shall
survive the termination of this Agreement.
11. RECORDS – AVAILABILITY/ACCESS
Subject to the requirements of Minnesota Statutes, section 16C.05, subd. 5, the parties, the
State Auditor, or any of their authorized representatives, at any time during normal business
hours, and as often as they may reasonably deem necessary, shall have access to and the right
to examine, audit, excerpt, and transcribe any books, documents, papers, records, etc., of the
parties which are pertinent to the accounting practices and procedures of the parties and involve
transactions relating to this Agreement. The parties shall maintain these materials and allow
access during the period of this Agreement and for six (6) years after its expiration or
termination.
12. MERGER, MODIFICATION, AND SEVERABILITY
A. The entire understanding between the parties is contained herein and supersedes all oral
agreements and negotiations between the parties relating to the subject matter. All items
that are referenced or that are attached are incorporated and made a part of this Agreement.
If there is any conflict between the terms of this Agreement and referenced or attached
items, the terms of this Agreement shall prevail.
B. Any alterations, variations or modifications of the provisions of this Agreement shall only
be valid when they have been reduced to writing as an amendment to this Agreement signed
by the parties. Except as expressly provided, the substantive legal terms contained in this
Agreement including but not limited to Liability and Notice; Merger, Modification, and
Severability; Default and Termination; or Minnesota Law Governs, may not be altered,
varied, modified or waived by any change order, implementation plan, scope of work,
development specification or other development process or document.
C. If any provision of this Agreement is held invalid, illegal or unenforceable, the remaining
provisions will not be affected.
13. DEFAULT AND TERMINATION
A If either party fails to perform any of the provisions of this Agreement, fails to administer
the work so as to endanger the performance of the Agreement or otherwise breaches or
fails to comply with any of the terms of this Agreement, it shall be in default. Unless the
party’s default is excused in writing by the non-defaulting party, the non-defaulting party
may upon written notice immediately terminate this Agreement in its entirety.
B. This Agreement may be terminated with or without cause by either party upon thirty (30)
days’ written notice. Either party may immediately terminate this Agreement if the
terminating party determines that the health and welfare of a member of the public is at
risk. Upon termination, property or surplus money acquired as a result of the operation of
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this Agreement shall be distributed to the parties in proportion to contributions of the
parties.
C. Either party’s failure to insist upon strict performance of any provision or to exercise any
right under this Agreement shall not be deemed a relinquishment or waiver of the same,
unless consented to in writing. Such consent shall not constitute a general waiver or
relinquishment throughout the entire term of the Agreement.
D. The above remedies shall be in addition to any other right or remedy available to either
pary under this Agreement, law, statute, rule, and/or equity.
14. NOTICES
Unless the parties otherwise agree in writing, any notice or demand which must be given or
made by a party under this Agreement or any statute or ordinance shall be in writing, and shall
be sent registered or certified mail. Notices to COUNTY shall be sent to the County
Administrator at the address given in the opening paragraph of this Agreement with copies to
HSPHD and HCSO as detailed below. Notice to CITY shall be sent to the address below.
HSPHD:
Leah Kaiser
Director of Behavioral Health and Justice Strategies
Hennepin County Human Services and Public Health Department
300 South 6th Street
Minneapolis, Minnesota 55487
HCSO:
Tony Martin
Emergency Communications Director
Hennepin County Sheriff’s Office | Emergency Communications Division
1245 Shenandoah Lane North
Plymouth, Minnesota 55447
POLICE DEPARTMENT:
Brent Johnson
Chief Of Police
Hopkins Police Department
1010 1st Street South
Hopkins, Minnesota 55343
15. SURVIVAL OF PROVISIONS
Provisions that by their nature are intended to survive the term or termination of this
Agreement do survive such term or termination. Such provisions include but are not limited
to: INDEPENDENT PARTIES; LIABILITY AND NOTICE; INSURANCE; DATA;
RECORDS-AVAILABILITY/ACCESS; DEFAULT AND TERMINATION; MARKETING
AND PROMOTIONAL LITERATURE; and MINNESOTA LAW GOVERNS.
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16. MARKETING AND PROMOTIONAL LITERATURE
CITY agrees that the terms, “Hennepin County”, “Hennepin County Human Services and
Public Health Department”, and ”Hennepin County Sheriff’s Office”, the name of any elected
official, or any derivatives thereof, shall not be utilized in any promotional literature or
advertisements of any type without the express prior written consent of COUNTY.
17. MINNESOTA LAWS GOVERN
The laws of the state of Minnesota shall govern all questions and interpretations concerning
the validity and construction of this Agreement and the legal relations between the parties and
their performance. The appropriate venue and jurisdiction for any litigation will be those
courts located within the County of Hennepin, State of Minnesota. Litigation, however, in the
federal courts involving the parties will be in the appropriate federal court within the state of
Minnesota.
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The parties hereto agree to be bound by the provisions set forth in this Agreement.
Reviewed for HSPHD by COUNTY OF HENNEPIN
the County Attorney’s Office: STATE OF MINNESOTA
By:
______________________________ Chair of Its County Board
Date: ________________________
ATTEST:
Deputy/Clerk of County Board
Reviewed for HCSO by Date:
the County Attorney’s Office:
_______________________________ And:
County Administrator
Date: __________________________
Date:
CITY OF HOPKINS
By: ______________________________________
Title: ____________________________________
Date: _____________________________________
By: ______________________________________
Title: ____________________________________
Date: ____________________________________
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EXHIBIT A: Description of Services
Subject to the provisions in the Agreement, including but not limited to provisions regarding data
and data sharing, HSPHD, HCSO, and POLICE DEPARTMENT shall cooperate and collaborate
to develop and perform services associated with the Program. The parties agree that, subject to
performance and outcomes under this Agreement, additional phases may be developed, agreed
upon, and implemented.
I. Program Objectives:
The parties agree to pursue the following objectives:
Objective 1: Provide social service follow up to individuals involved in mental /
behavioral health related 911 calls (“Individual(s)”).
Objective 2: Decrease the number of mental /behavioral health calls that have a law
enforcement response.
Objective 3: Provide law enforcement officers and Individual(s) with information about
community resources that may benefit Individual(s) and minimize the need for future 911
calls.
Objective 4: Decrease use of force by officers by providing officers en route to the call
pertinent information from social service databases about the mental / behavioral health
history of the Individual in crisis while on mental health related calls in Phase 2 of the
Program.
Objective 5: Increase mental / behavioral health training for dispatchers. Mental health
training will be added to the new dispatcher training curriculum.
II. Program Overview
A. As used herein, (i) “MBH Calls” shall mean mental / behavioral health related 911 calls
or texts; (ii) “Frequent Caller” shall mean a person with 3 or more MBH Calls in the
preceding 6 months; and (iii) “Program Data” shall mean aggregated and de-identified
(anonymized) data reflecting the race of Individuals and disposition(s) resulting from
POLICE DEPARTMENT contact with an Individual as well as the total number of the
following: POLICE DEPARTMENT referrals to COUNTY Senior Social Worker
“SSW”, calls responded to by the POLICE DEPARTMENT (i.e., MBH calls as outlined
paragraph II.E.), POLICE DEPARTMENT MBH Calls, MBH Calls involving weapons,
and repeat calls by a Frequent Caller.
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B. The SSW will follow up on Frequent Callers to HCSO Dispatch that reside in CITY's
service area by phone. The SSW will connect with currently assigned county/contracted
social workers, will offer support to connect with community resources and make
referrals as needed.
C. The SSW may provide information from social service databases to officers en route to
911 calls subject to compliance with all relevant law and subject to the following
limitations:
1. HSPHD shall provide only:
a. information related only to an adult (18 years of age or older) and only where
mental health is related to, or the reason for the 911 call;
b. the minimum necessary information to most safely respond to the emergency;
c. data from records within the past 10 years from the date of the 911 call; and
d. information sourced from county social service records and criminal justice
records.
2. HPSHD shall not provide any information:
a. from the EPIC electronic medical record system; or
b. regarding an Individual’s treatment for substance use disorder (See 42 CFR Part 2
and Minn. Stat. § 13.46, subd. 2(b)); or
c. regarding an Individual’s HIV/AIDS status.
D. Subject to all relevant law and the foregoing limitations, the following data elements have
been identified as desirable for HSPHD to provide to POLICE DEPARTMENT:
1. weapons history or history of violence against others;
2. history of self-harm;
3. mental health diagnosis;
a. HSPHD may share a mental health-related diagnosis with HCSO and /or POLICE
DEPARTMENT if the law enforcement agency provides the name of a patient
AND communicates that:
(i) the patient is currently involved in a mental health crisis, including an emergency situation
with the law enforcement agency (See Minn. Stat. § 256B.0624, subd. 2 (j)); AND
(ii) disclosure of the records is necessary to protect the health or safety of the
patient or of another person. (See Minn. Stat. § 144.294, subd. 2; Minn. Stat.
§ 13.46, subd. 7(c).);
4. list of mental health medications;
a. history of compliance with mental health medications;
(i) effect of non-complinace;
5. HSPHD may share non-chemical dependency/non-mental health-related information
to law enforcement “if knowledge of the information is necessary to protect the health
or safety of the [I]ndividual or other individuals or persons[.]” Minn. Stat. § 13.46,
subd. 2(a)(10).
6. frequency of 911 calls;
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7. behavioral history, particularly towards law enforcement;
8. preferred hospital;
9. whether a person is under civil commitment;
10. whether there is a guardianship in place;
11. summary of resources that have been exhausted before calling 911; and
12. identity of an unknown caller as determined by address/phone number or other
resources.
E. POLICE DEPARTMENT shall track Program Data. The POLICE DEPARTMENT
expressly agrees that Program Data will be aggregated and/or de-identified in a manner
that ensures that no individual may be directly or indirectly identified in any manner.
The following Program Data should be sent to HSPHD quarterly.
1. Total number of calls for service for the POLICE DEPARTMENT.
2. Total number of MBH calls POLICE DEPARTMENT responded to:
a. Number of Transportation Holds written;
b. Number of weapons involved;
c. Number of calls use of force was used;
d. Number of Repeat Callers; and
e. Number of Repeat Addresses.
F. HSPHD shall provide the information and data set forth in Exhibit B.
III. Parties’ Responsibilities:
In addition to the responsibilities described above, the parties shall generally be responsible for
the actions and duties as identified in Sections IV-VI.
IV. HSPHD Responsibilities:
A. HSPHD shall assign Senior Social Workers (“SSWs”), and other staff as necessary, to participate
in the Program. HSPHD may, in its sole discretion, reassign other social workers to serve as
SSW. At all times during this Agreement, the SSW and other HSPHD staff will be COUNTY
employees and be supervised by HSPHD.
B. Every effort will be made to have Social Worker phone coverage from 7:00am to 6:30pm
Monday-Friday (“Program Hours”). There will be no phone coverage on COUNTY
holidays, during quarterly all-team meetings and during required staff trainings. Except
for COUNTY holidays, the COUNTY will provide the CITY with at least two weeks’
advanced notice of scheduled times during which phone coverage will be unavailable
during Program Hours, and will reasonably attempt to communicate any other situation
that would result in phone coverage being unavailable.
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C. The SSWs will provide services by phone or written communication.
D. HSPHD shall provide the SSWs with all equipment deemed necessary by HSPHD, which
may include a cell phone and computer equipment.
E. The SSWs will make a reasonable attempt to answer all calls from officers in the order
they are recived during Program Hours. Messages left outside of the Program Hours,
weekends and holidays will be followed up on the next business day.
F. Subject to applicable law as well as COUNTY policy, the SSWs may provide short-term
assistance to Individuals for calls in the CITY's service area and/or referred by POLICE
DEPARTMENT in order to connect the Individuals with internal and/or community
resources to help meet their needs. Services will be provided in an ethical and culturally
sensitive manner.
G. During follow-up contact with Individuals, the SSWs will make a reasonable attempt to
obtain a Release of Information (ROI) signed by the Individuals served, in order to
permit relevant information to be shared with POLICE DEPARTMENT.
H. HSPHD will track Program Data. The parties expressly agree that Program Data will be
aggregated and/or de-identified in a manner that ensures that no individual may be
directly or indirectly identified in any manner.
V. HCSO Responsibilities:
A. Unless otherwise agreed by HSPHD and HCSO, HCSO will provide the SSW with office
space and amenities, including but not limited to a desk and desk phone, at the HCSO
Emergency Communications Facility at 1245 Shenandoah Lane N., Plymouth, MN.
B. Subject to applicable law, HCSO will share with the SSWs all calls received that are
coded as Mental Problem and are in the the CITY's service area.
C. Subject to applicable law, HCSO will forward all Frequent Callers to the SSW for all
cities.
D. HCSO has worked with HSPHD Social Work Unit Supervisor, Project Manager and
"other police departments" from the initial pilot to develop a workflow for providing
information from social service databases to officers en route to 911 calls. The workflow,
including all data elements to be provided, has been approved by concerned COUNTY data
and security personnel, including but not limited to HSPHD’s Chief Compliance and
Privacy Officer.
VI. POLICE DEPARTMENT Responsibilities:
A. POLICE DEPARTMENT will track referrals made to the SSWs, and will track for each
referral:
1. whether a weapon was involved;
2. whether a transportation hold was written; and
3. whether the caller is a Frequent Caller.
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B. To facilitate SSW’s follow-up, officers will call the SSW phone line or email a request to
the designated email address. POLICE DEPARTMENT will ensure all referrals to SSWs
include the following about the Individual:
1. name;
2. date of birth;
3. address;
4. telephone number; or
5. as much information as possible.
C. Officers may refer to the SSW for follow up from 911 calls that were initially not coded
as “Mental Problem” but are later determined to have a mental / behavioral health
component.
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EXHBIT B – HSPHD DATA TO POLICE DEPARTMENT
Unless the parties otherwise agree, HSPHD shall provide the following information and data to
POLICE DEPARTMENT on a quarterly basis:
A. Total number of individuals referred to the SSW and unduplicated individuals;
B. Reason for referral;
C. Percentage of referrals county residents;
D. Reports received while open with SSW;
E. Person in crisis transported by officers;
F. Location to which person in crisis is transported by officers ;
G. Where person in crisis resides;
H. Whether SSW made contact with the person in crisis or their treatment team;
I. Types of attempts the social worker made to contact the person in crisis;
J. Age at referral;
K. Gender;
L. Race;
M. Health insurance at referral;
N. Total referrals made by social worker; and
O. Referrals and services made and already in place by referral type.