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IV.8. Approval of Second Amended and Restated West Metro Task Force Agreement; Johnson CITY OF HOPKINS City Council Report 2025-092 To: Honorable Mayor and Council Members Mike Mornson, City Manager From: Brent Johnson, Police Chief Date: May 20, 2025 Subject: Approval of Second Amended and Restated West Metro Task Force Agreement _____________________________________________________________________ RECOMMENDED ACTION MOTION TO Approval of the Second Amended and Restated West Metro Task Force Agreement. OVERVIEW The Hopkins Police Department has been a part of the Southwest Hennepin Drug Task Force for many years. The West Metro Drug Task Force (WMDTF) joined forces with the Southwest Metro Drug Task Force (SWMDTF) in 2024. It was decided that the name WMDTF would remain the same and the joint powers agreement (JPA) would need to be updated with the addition of the other agencies. On January 30, 2025, the WMDTF Board met and adopted the JPA. As a formality, this JPA also needs to be approved by each individual entity in the organization. SUPPORTING INFORMATION • Amended and Restated West Metro Drug Task Force Agreement Police Department SECOND AMENDED AND RESTATED WEST METRO DRUG TASK FORCE AGREEMENT THIS SECOND AMENDED AND RESTATED WEST METRO DRUG TASK FORCE AGREEMENT (the "Agreement") is made this 30th day of January 2025, by and among the undersigned units of government who are responsible for the enforcement of controlled substance laws in their respective jurisdictions. WHEREAS, the parties previously determined to create a regional joint powers entity for the purpose of enforcing the laws of their respective jurisdictions; and WHEREAS, the parties entered into a joint powers agreement creating the West Metro Drug Task Force dated July 27, 2004; and WHEREAS, the parties entered into the AMENDED AND RESTATED WEST METRO DRUG TASK FORCE AGREEMENT, dated September 13, 2016 (the “Amended Agreement”); and WHEREAS, the parties hereto wish to amend and restate the Amended Agreement to add additional parties and make other administrative changes. NOW, THEREFORE in consideration of the covenants herein contained the parties hereto agree as follows: 1. Name. The parties hereby restate and validate the West Metro Drug Task Force. (”Task Force”). 2. General Purpose. The Task Force shall collaboratively investigate crimes and conduct law enforcement. This Agreement restates and defines the rights and obligations of the Governmental Units with respect to the duties and activities performed by the Task Force throughout t he term of the Agreement. To varying degrees, the Task Force relies on forfeiture funds to pay for investigation and law enforcement. Receipt of forfeiture may be restricted to law enforcement agencies. Accordingly, eligibility to be a Member is restricted to governmental units that are or that employ their own law enforcement agency whose primary function is the investigation and apprehension of individuals suspected or convicted of criminal offenses, and which government units are able to assign agents meeting the standards set forth herein (each, an “Agency”). 3. Members. The ”Members” of this Agreement are the following governmental units: Hennepin County City of Medina City of Minnetrista City of Orono West Hennepin Department of Public Safety City of Edina City of Eden Prairie City of Hopkins City of Minnetonka City of Saint Louis Park South Lake Minnetonka Police Department along with any governmental units subsequently added in accordance with the provisions herein. The Members shall cooperate and use their best efforts to ensure that the various provisions of the Agreement are fulfilled. The Members agree in good faith to undertake resolution of disputes, if any, in an equitable and timely manner and in accordance with the provisions of this Agreement. 4. Term; Automatic Extensions. 4.1 The term of this Agreement shall be for one year, commencing January 30th 2025 and expiring on January 29, 2026 unless terminated earlier pursuant to the provisions herein. Except as provided in this section 4.1, this Agreement shall be automatically extended for successive one-year terms upon the same terms, conditions, and covenants. The Board may prevent the automatic renewal of this Agreement by majority vote of all members taken at least ninety (90) days prior to the expiration of any term; in that event, this Agreement shall expire at the end of the then - existing term. 5. Administrative Board. 5.1. The Task Force shall have a Board of Directors (“Board”) consisting of the chief law enforcement officer, or designee, representing each Member’s Agency (each, a “Director”). All Directors shall serve at the pleasure of their respective appointing authority. 5.2. Directors shall not be deemed employees of the Task Force and shall not be compensated by it. 5.3. The Board will delegate the authority and responsibility of carrying out the purpose of the Task Force to a “Task Force Commander” or that person’s designee. 5.4. The Board shall meet as needed to evaluate the progress of the Task Force. A meeting may be called by any Director, or the Task Force Commander. 5.5. The Board may 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. For the avoidance of doubt, all contracts shall be let in accordance with applicable law, including but not limited to Minnesota Statutes § 471.345. 5.6. The Board may recommend changes to this Agreement. This Agreement may only be modified by a written amendment that is approved and signed by all Members, or their designees. 5.7. The Board may receive, on behalf of the Task Force, funds and/or real or personal property by grant, forfeiture, devise, bequest, any funds voluntarily contributed by any Member, or other source authorized by law for use by the Task Force. 5.8. Each Member is entitled to one (1) vote on Task Force matters. Board action requires a majority vote of Members present for the vote. A quorum shall exist and votes may be taken if a majority of the Directors or their designees are present. Upon approval by the Board: (i) voting by designee shall be permitted; and (ii) subject to applicable law, including the Minnesota Open Meeting Law, Minn. Stat. ch. 13D, a Director shall be allowed to participate in meetings, count towards the quorum, and vote on Task Force matters if the Director is participating in the meeting by and through a videoconferencing application, e.g., Teams or Zoom. The Board will exercise reasonable efforts to develop and deploy rules and processes related to scheduling and conducting meetings, including record-keeping and reporting as necessary. 6. Powers and Duties of the Task Force Commander 6.1. The Task Force Commander will direct investigative/law enforcement activities; priority may be given to case investigations that directly impact jurisdictions represented by a Member. 6.2. While assigned to the Task Force, all personnel shall be under the direct supervision and control of the Task Force Commander, who shall be responsible for performing, at least, the following duties: a. scheduling assigned personnel; b. providing input on employee evaluations, if requested; and c. allocating overtime work, if necessary. 6.3. The Task Force Commander shall cooperate with other federal, state, and local law enforcement agencies to accomplish the purpose for which the Task Force is organized. 7. Insurance, Indemnification, and Liability 7.1. The Task Force will maintain liability coverage with the League of Minnesota Cities Insurance Trust with a limit of at least $2,000,000 per occurrence, under standard LMCIT liability coverage forms. Alternatively, the Task Force may maintain equivalent private liability insurance coverage. Such coverage may be provided through separate policies for commercial general liability and law enforcement liability. Such private liability insurance policies mu st comply with the following requirements: • Each policy must have a limit of at least $2 million per occurrence. If the policy contains a general aggregate limit, the general aggregate limit must not be less than $2,000,000. • The CGL insurance must cover liability arising from premises, operations, independent contractors, products-completed operations, personal injury and advertising injury, and contractually -assumed liability. • Each Member and each Member's officers, employees, and volunteers, must be named as additional covered parties on each policy for all claims arising from Task Force activities or operations. 7.2. The Task Force may in its discretion procure coverage for auto liability and damage to or loss of property used exclusively by/for the Task Force. 7.3. If the Task Force at any time hires employees, it will immediately acquire and maintain workers' compensation coverage to the extent required under law. Except as expressly set forth herein, the Task Force shall defend and indemnify its Members for any liability claims arising from Task Force activities or operations, and decisions of the Task Force Board. Nothing in this Agreement shall constitute a Member’s waiver of the statutory limits on liability set forth in applicable law, including but not limited to Minnesota Statutes Chapter 466, or a waiver of any available immunities or defenses, and the limits of liability under applicable law for some or all of the parties may not be added together to determine the maximum amount of liability for any party. For the avoidance of doubt, the Task Force is considered a single governmental unit for purposes of total liability for damages pursuant to Minn. Stat. § 471.59, subd. 1a(b). 7.4. Nothing herein shall be construed to provide insurance coverage or indemnification to any Agent, officer, employee, or volunteer for any act or omission for which the individual is guilty of malfeasance in office, willful neglect of duty, or bad faith. 7.5. Any excess or uninsured liability shall be borne equally by all the Members, 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 which will be, as among the Members, the sole responsibility of the Member associated with the individual. 7.6. Except as expressly provided herein, each Member shall be responsible for injuries to or death of its own Agents or other personnel assigned to the Task Force. Each Member will maintain workers' compensation insurance or self-insurance coverage, covering its own Agents and personnel while they are assigned to the Task Force or are otherwise participating in or assisting with Task Force operations or activities. Each Member waives the right to, and agrees that it will not, bring any claim or suit against the Task Force or any other Member for any workers' compensation benefits paid, due, or owing to its own Agents, personnel, or their dependents, that arise out of participation in or assistance with Task Force operations or activities, even if the injuries were caused wholly or partially by the negligence of any other Member or its officers, employees, or volunteers. 7.7. Each Member shall be responsible for damages to or loss of its own equipment. Each Member waives the right to, and agrees that it will not, bring any claim or suit against the Task Force or any other Member or request indemnification for damages to or loss of its equipment arising out of participation in or assistance with Task Force operations or activities, even if the damages or losses were caused wholly or partially by the negligence of any other Members or its officers, employees, or volunteers. 7.8. All insurance policies and certificates required under this Agreement shall be open to inspection by any Member upon request. 8. Finances 8.1 During any time that Hennepin County is a Member of the Task Force, the Hennepin County Sheriff’s Office (“HCSO”) shall serve as sole administrator of all Task Force funds (“Administrator”). If Hennepin County withdraws from the Task Force, the Board shall appoint a new Administrator. 8.2 The Administrator is authorized to act as Task Force fiduciary for all applicable purposes, including but not limited to participating in equitable (forfeiture) sharing programs, receiving and holding funds on behalf of the Task Force, and earmarking funds for use in support of the Task Force’s operations. 8.3 The Administrator shall perform all tasks hereunder in accordance with applicable law and standard accounting practices and procedures. 8.4 The Administrator is authorized to and shall: (i) receive all funds for deposit; (ii) make disbursements therefrom for Task Force purposes subject to Board approval; (iii) maintain current and accurate records of all obligations and expenditures of Task Force funds; and (v) maintain all records for a period of not less than six years or longer periods if required by law. 8.5 Subject to the provisions herein, Task Force operations will be financed from grants, forfeitures, funds voluntarily contributed by any Member, and other source authorized by law. 8.6. Members will provide Agents for the Task Force but will not otherwise be required to provide funds without the prior amendment of this Agreement approved by the governing bodies of all Members, or their designees. 8.7. Additionally, the Administrator shall cause to be made an annual audit of the books and accounts of the Task Force and shall make and file a report to the Board - which report shall include, at least, the following information: a. the financial condition of the Task Force; b. the status of all Task Force projects; c. the business transacted by the Task Force; d. a Financial Activity Report System (FARS) Report; e. quarterly financial report; and f. other matters which affect the interests of the Task Force. 8.8. The Task Force's books, reports, and records shall be open to inspection by its Members and the state auditor at all reasonable times. 8.9. Except as expressly approved by the Board, the Task Force may not incur obligations or approve contracts that extend beyond a prudent and manageable time-frame, acknowledging the term of the Task Force and the provisions herein for Member withdrawal or Task Force termination, or which will require the expenditure of funds in excess of funds available. 8.10. The Board shall approve an annual operating budget for the Task Force no later than September 1st of each calendar year. The Board may amend the budget as necessary. 8.11. The Task Force's funds may be expended by the Board in accordance with this Agreement in a manner determined by the Board. In no event shall there be an expenditure of Task Force funds except per the approved budget. 8.12. Notwithstanding duly entered contracts as authorized herein, the Board may not incur debts. 9. Agents. 9.1. Unless the Board provides prior approval, each Member shall assign at least one (1) experienced, licensed peace officer/deputy to serve on the Task Force (an ”Agent”). Agents shall be licensed pursuant to Minnesota Statutes, §626.84, subd. l, and shall have a minimum of one (1) year prior experience in law enforcement. 9.2. Each Agent must be assigned to the Task Force on a full-time basis for at least one year unless he/she is reassigned by the Agent’s Director. 9.3. As directed by the Task Force Commander, Agents will be responsible for investigation, including intelligence management, case development, case charging, and other law enforcement duties. Agents may also assist other Agents in performing hereunder. Agents will work cooperatively with assisting agencies. Agents and other assigned officers acting under this Agreement in the jurisdiction of another party to this Agreement are acting in the line of duty and in the course of employment and are authorized to exercise the powers of a peace officer therein. 9.4. Members acknowledge that it is their sole responsibility to compensate all personnel performing any services for the Task Force, including but not limited to paying salary and benefits. Benefits may include, but are not limited to, workers’ compensation, worker’s compensation insurance, health care, disability insurance, life insurance, re-employment insurance, FICA, Medicare, and PERA. 9.5. All personnel assigned to the Task Force shall comply with rules of conduct prescribed by the Task Force. 9.6. The Task Force Commander, or a designee, shall refer disciplinary matters involving any Agent to the respective Agent’s Director for investigation and disposition unless, based on the judgment of the Task Force Commander/designee, a particular matter represents grounds for the issuance of a criminal complaint, in which case the matter shall be referred directly to an external law enforcement agency for investigation provided the Director of the assigning agency, the Task Force Commander, and at least one other Director are notified in advance thereof. 9.7. At no cost to the Task Force, each Member shall furnish their Agents with equipment necessary to complete their duties, which may include a weapon, ballistic vests and other protective equipment, a vehicle, and a computer. 9.8. Unless the Board directs otherwise, clerical assistance will be furnished by Members at no additional cost to the Task Force. 9.9. All personnel and computer networks performing Task Force functions shall be CJIS certified. 10. Forfeiture, Seizures and Fines. 10.1 Pursuant to applicable law, the Task Force may gain rights in or otherwise acquire property subject to forfeiture. The money or proceeds from the sale of forfeited property after payment of seizure, storage, forfeiture and sale expenses and satisfacti on of valid liens against forfeited property shall be distributed in accordance with Task Force process and applicable law, including without limitation Minnesota Statutes § 609.5315. 10.2 Seizures/forfeitures eligible for the Department of Justice’s Asset Forfeiture Program (the “Program”) shall be subject to all Program rules and requirements, as they may be amended from time to time. 10.3 When a distribution is to be made and unless the Board directs otherwise, forfeiture monies and proceeds generated by the Task Force shall be distributed in equal shares to the then participating Members of the Task Force at the time of distribution after deduction of all costs and expenses herein stated. The receipt and disbursement of forfeiture sale proceeds shall be referenced in the Administrator’s quarterly Task Force financial report. 11. Headquarters. The Task Force headquarters shall be in a locations/facilities approved by the Board. As necessary, the Board may approve payment of rent, utilities, and other costs associated therewith. 12. Additional Members, Withdrawal from Membership, and Task Force Termination 12.1. Any governmental unit that employs its own law enforcement agency and shares a common geographical boundary with any Member may join the Task Force and become a Member upon the following: (i) approval and execution of a copy of this Agreement by such governmental unit; and (ii) approval by the Directors. 12.2. In any case in which a governmental unit joins the Task Force pursuant to paragraph 12.1, contributions by and reimbursement to such new Member shall be equitably determined and adjusted by the Board to reflect the participation by that Member. 12.3. Except as otherwise set forth herein, any Member, upon ninety (90) days' written notice to all Members, may withdraw and cancel its participation in this Agreement. 12.4. If a Member fails to assign an Agent for twelve (12) consecutive months, the Board may notify the Member of the default. If the Member fails to assign an Agent within six (6) months of the notice, the Board may involuntarily terminate the Member’s participation in the Task Force. 12.5. Except for distributions expressly required by law, (i) withdrawing Members; and (ii) Members terminated for failure to assign an Agent, are not entitled to any distribution. However, the Board may, in its sole discretion and without participation of the Member in question, approve an equitable distribution adjusted to reflect that Member’s contributions and participations as well as other relevant factors. 12.6. The Members may, by and through action of a majority of the Board, abolish the Task Force at any time. Thereafter, the Task Force shall continue in full force and effect until such time as all matters, including law enforcement matters and Task Force financial matters, are resolved and concluded to the satisfaction of the Board. During such time, Members will not be allowed to withdraw/cancel; all Members shall remain bound and obligated to the provisions in this Agreement. 12.7. Upon expiration or termination of the Task Force and in accordance with applicable law and the provisions herein, all property and funds owned or held by the Task Force or by Member agencies on behalf of the Task Force shall be distributed, or sold with the proceeds distributed, in equal shares to the then participating Members of the Task Force at the time of dissolution, after deduction of all costs and expenses, unless the Board directs otherwise. Unless directed otherwise by the Board, any personal property shall be returned to the owning/contributing Member. 12.8. Notwithstanding the foregoing and unless otherwise permitted by applicable law, funds received by the Administrator as fiduciary for the Task Force from the Department of Justice’s Asset Forfeiture Program shall be disposed of in accordance with applicable law, which may include returning funds to the Department of Justice. 13. State and Local Assistance for Narcotics Control Program. 13.1. A Member, acting on behalf of the Task Force and its Members, may apply for Federal, state , or local narcotics enforcement. The applying Member agency shall be the "authorized official", as defined in the general policies and procedures for the program. 14. Media 14.1. Unless the Board otherwise agrees, HCSO or its designee shall be responsible for all media coverage of Task Force activities, including the dissemination of all press releases. 15. Evidence 15.1. Evidence/property seized in accordance with performance hereunder shall be inventoried and stored at a secure law enforcement facility approved by the Task Force Commander. 16. General Provisions 16.1. Nothing herein is intended or should be construed in any manner as creating or establishing the relationship of partners between the parties hereto or as constituting one of the Members as the agent, representative or employee of another Member for any purpose or in any manner whatsoever. Personnel assigned to the Task Force by one of the Members shall not be considered temporary or permanent employees of any other Member or the Task Force itself for any purpose whatsoever, or be entitled to tenure rights or any rights or benefits including but not limited to workers compensation, re-employment insurance, medical/hospital care, sick/vacation leave, severance pay, PERA, or any other right or benefit of another Member. 16.2. This Agreement is intended to replace and supersede the Amended Agreement, as defined in the recitals above. IN WITNESS WHEREOF, the undersigned, by action of their governing bodies, have caused this Agreement to be executed in accordance with the authority of Minnesota Statutes § 471.59. THIS PORTION OF PAGE INTENTIONALLY LEFT BLANK CITY OF HOPKINS, MN The HOPKINS City Council duly approved this Agreement on the ______ day of ______________, 2025. By: __________________________ Patrick Hanlon Its: Mayor By: __________________________ Mike Mornson Its: City Manager By: __________________________ Brent Johnson Its: Chief of Police