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CR 11-123 Joint Powers Agreement for the Southwest Hennepin Drug Task ForceDate: 12/20/2011 Council Report 2011-123 Joint Powers Agreement for the Southwest Hennepin Drug Task Force Proposed Action Staff recommends adoption of the following motion: Move to approve the new Joint Powers Agreement for the Southwest Hennepin Drug Task Force (SWHDTF). Overview The Hopkins Police Department along with the St. Louis Park Police Department intends to join the Southwest Hennepin Drug Task Force as of January 1, 2012. The task force currently is made up of the Eden Prairie, Edina and Minnetonka police departments along with the Hennepin County Sheriff's Department. The Joint Powers Agreement was developed in the liking of all departments that will be involved with the new drug task force. • Primary Issues to Consider The Hopkins Police Department will be leaving the Northwest Metro Drug Task Force to join the Southwest Hennepin Drug Task Force. The Hopkins Police Department must pay a $10,000 membership fee, but this amount will be delayed until the SWHDTF disperses the first annual forfeiture payment. The $10,000 membership payment will be taken from the annual forfeiture payment. There will be no "out-of-pocket" expenses for this membership fee. Supporting Information Southwest Hennepin Drug Task Force Joint Powers Agreement. �A a& Michael J. Reynolds Chief of Police Financial Impact: $ 0 Budgeted: Y/N Source: Related Documents (CIP, ERP, etc.): Notes: City of Hopkins Hennepin County, Minnesota RESOLUTION NO. 2011-072 WHEREAS, the City of Hopkins on the behalf of the Police Department desire to enter into Joint Powers Agreement with the Southwest Hennepin Drug Task Force concerning narcotics investigations. The Joint Powers Agreement further provides the City with force multiplier factors concerning major violent and narcotics crime investigations. NOW THEREFORE BE IT RESOLVED, that the City Council of the City of Hopkins as follows: 1. That the Southwest Hennepin Drug Task Force Joint Powers Agreement by the Southwest Hennepin Drug Task Force and the Hopkins Police Department, are hereby approved. Copies of the Joint Powers Agreement are attached to this Resolution and made part of it. 2. That the Police Chief, Michael J. Reynolds, or his successor, is designated the • Authorized Representative for the Police Department. 3. That Gene Maxwell, the Mayor for the City of Hopkins and Mike Mornson, the City Manager, are authorized to sign the Southwest Hennepin Drug Task Force Joint Powers Agreements. Adopted by the City Council of the City of Hopkins this 20th day of December 2011. ATTEST: Kris Luedke, City Clerk 9 Gene Maxwell, Mayor SOUTHWEST HENNEPIN DRUG TASK FORCE AGREEMENT This SOUTHWEST HENNEPIN DRUG TASK FORCE AGREEMENT is between the County of Hennepin, the City of Eden Prairie, the City of Edina, the City of Hopkins, the City of Minnetonka, the City of St. Louis Park and the other governmental units that subsequently agree to its terms pursuant to the provisions herein ("SWHDTF Agreement"). In 1996, the County of Hennepin, the City of Eden Prairie, the City of Edina and the City of Minnetonka ("the Cooperative Parties") executed the DRUG TASK FORCE COOPERATIVE AGREEMENT (the "1996 Agreement"). The Cooperative Parties have been, and currently are, operating a drug task force pursuant to the 1996 Agreement. The Cooperative Parties hereby agree that the 1996 Agreement is hereby amended such that it shall be replaced in its entirety with this Agreement and that the provisions in the 1996 Agreement that by their nature are intended to survive the termination of that Agreement, including but not limited to Article VII, Indemnification and Insurance, shall survive with respect to matters occurring under or related to the 1996 Agreement. For all matters occurring hereunder or related hereto, this SWHDTF Agreement shall apply and control the parties rights, duties and obligations. The parties hereto acknowledge and agree that (i) this SWHDTF Agreement does not terminate or dissolve the task force that has been operating under the 1996 Agreement; (ii) the task force that has been operating under the 1996 Agreement shall continue in full force and effect • pursuant to the terms herein; (iii) the City of Hopkins and the City of St. Louis Park will join the task force operating under the SWHDTF Agreement; (iv) that task force, which includes the City of Hopkins and the City of St. Louis Park, may hereinafter be referred to as the Southwest Hennepin Drug Task Force (SWHDTF or Task Force); and (v) the parties hereto agreed to be bound by the terms herein. The parties to this Agreement are units of government responsible for the enforcement of controlled substance laws in their respective jurisdictions. The parties desire to work cooperatively in the enforcement of controlled substance laws and, for that purpose, are hereby forming the Southwest Hennepin Drug Task Force pursuant to the authority conferred upon the parties by Minnesota Statutes, § 471.59. No Separate Entity. It is the intent of the parties that the SWHDTF does not constitute a separate municipal entity under Minnesota law. • 2. Definitions: (a) Agent — means a peace officer, employed by a member, who is assigned to the Task Force. (b) Operating Committee or Committee — means the committee established to administer the Task Force. (c) Fiscal Agent — means a governmental unit that is a Member of the Task Force and is responsible for the administration of financial and accounting functions for the Task Force as set forth herein. (d) Member — means a governmental unit that is a signatory to this agreement. (e) Task Force — means this Southwest Hennepin Drug Task Force. (f) Lead Agent – the Hennepin County Sheriff's Office supervisor appointed to direct investigative activities pursuant to the terms herein. 3. Members. 3.1 The initial members of the Task Force are the following Governmental Units: Hennepin County City of Eden Prairie City of Edina City of Hopkins . City of Minnetonka City of St. Louis Park 3.2 The Members shall cooperate and use their best efforts to ensure that the various provisions of the Agreement are fulfilled. The Members agree to act 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. 3.3 A governmental unit, as defined by Minn. Stat. §471.59, may join the Task Force and become a Member upon (i) approval by the Committee; and (ii) execution of a copy of this Agreement, or a counter -part, by the governmental unit's governing body. 4. Term. 4.1 This Agreement shall commence on January 1, 2012 and terminate December 31, 2014 unless terminated earlier in accordance with the provisions herein. This Agreement shall be 2 0 automatically extended for successive three-year terms upon the same terms, conditions, and covenants, unless a majority of the Members votes to dissolve the Task Force prior to expiration of the then current term. 5. Powers and Duties of the Task Force. 5.1 The Task Force shall perform the activities and duties described herein including but not limited to the following: (a) Disrupt the illicit drug traffic in the southwest suburban areas of Hennepin County by immobilizing targeted violators and trafficking organizations; and (b) Conduct undercover operations where appropriate and engage in other traditional methods of investigation in order that the Task Force activities result in effective prosecution. 5.2 To accomplish the objectives herein, all Task Force Members shall assign at least one peace officer, duly licensed pursuant to Minnesota Statutes, to the Task Force ("Agent"). 5.3 Unless otherwise provided herein, each Agent should be assigned for a minimum period of three years. However, assignments shall be at the pleasure of both the Operating Committee and the officer's employing agency and may be terminated by either one at any time. Upon terminatiorL for any reason, of any Agent's assignment to the Task Force, the Member shall, within forty-five (45) days, assign another Agent pursuant to its obligations herein. 5.4 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 Members as the agent, representative or employee of another Member for any purpose or in any manner whatsoever, except as specifically stated otherwise in this Agreement. Personnel assigned to the Task Force by one of the Members shall not be considered temporary or permanent employees of the Task Force or of any other Member for any purpose whatsoever or be entitled to tenure rights or any rights or benefits by way of workers compensation, re- employment insurance, medical and hospital care, sick and vacation leave, severance pay, PERA or any other right or benefit of another Member. 5.5 The Members acknowledge that it is their sole responsibility to provide all applicable salary compensation and fringe benefits to their employees including but not limited to the assigned Agents, Lead Agent and Committee Members (as defined herein). Benefits may include, as applicable, but are not limited to: over -time, health care, disability insurance, life 3 0 insurance, re-employment insurance, FICA, Medicare, and PERA. 5.6 Except as otherwise provided herein, each Member shall, at the Member's sole cost and expense, provide its personnel with vehicles, vehicle insurance, radios and law enforcement equipment necessary to performance hereunder. The cost of operating the vehicle, including but not limited to fuel, maintenance and repair of the same, shall be paid from the Task Force Funds (as defined below). 5.7 Except for seized motor vehicles, all evidence and/or property seized by the Task Force or its Agents, while said Agents are acting within the scope of this SWHDTF Agreement, shall be inventoried and stored temporarily at a secure, designated area within a City of Eden Prairie facility. The stored evidence and/or property shall be secure at all times. At the direction of the Lead Agent, such inventoried evidence and/or property shall be subject to subsequent transfer to the Hennepin County Sheriff's Office's Crime Lab Property Room, or to another secure facility, for secure storage. Seized motor vehicles shall be stored in an impound area designated by the Lead Agent. 5.8 The Members, Committee Members, Agents, Lead Agent and other personnel shall abide by the provisions of the Minnesota Government Data Practices Act, Minnesota Statutes, Chapter 13 (MGDPA) and all other applicable state and federal laws, riles, regulations and orders relating to data privacy or confidentiality. In the event a request for data is made pursuant to the MGDPA, Hennepin County shall, in collaboration with the other Members, coordinate the • response thereto. 5.9 Media coverage of Task Force activities, including the dissemination of all press releases must reference each Task Force Member agency, and shall be coordinated through the Hennepin County Sheriff's Office's media specialist or his/her designee. The Hennepin County Sheriff s Office's media specialist shall consult and collaborate with all Members regarding extraordinary, unusual and non-standard media matters. 5.10 The Members, Committee Members, Lead Agent, Agent and other personnel shall comply with applicable state and federal law. 6. Operating Committee. 6.1 The Task Force shall be administered by the Operating Committee. Each Member shall assign its chief law enforcement officer, or his/her designee, to serve on the Committee ("Committee Member"). The Committee Member may not be the Agent or the Lead Agent 4 L J assigned pursuant to the terms herein. • 6.2 Committee Members shall not be deemed employees of, nor be compensated by Task Force Funds. 6.3 The Committee will select from its members a chair to conduct meetings and other officers as may be appropriate. 6.4 The Committee shall approve or amend the Task Force's annual operating budget. As necessary, the Committee shall, pursuant to said budget, authorize expenditures for acquisition of law enforcement equipment not provided by the Members or Agents, office equipment and/or any other equipment, supplies, goods, services or other commodities necessary for operation of the Task Force. The Committee shall designate one Member to act as the purchasing agent for such purchases. 6.5 The Committee shall meet as needed. A meeting may be called by any Committee Member, or the Lead Agent. 6.6 The affirmative vote of at least two-thirds of all Committee Members is required to: (a) Approve or amend the budget; (b) Approve the distribution of Task Force funds, monies and proceeds pursuant to the terms herein; (c) Remove a designated Fiscal Agent or Lead Agent; (d) Add an additional Member pursuant to the terms of Section 3 • Unless otherwise specified herein, in all other matters, the Committee may take action based on the vote of a simple majority. A quorum shall exist, and votes may be taken, if a majority of the Committee Members or their designees are present. A Committee Member's proxy or designee may vote on behalf of the Committee Member. In the event the Committee is voting to remove a designated Fiscal Agent or Lead Agent, that Agent's Committee Member is entitled to a vote on the matter. 6.7 The Committee may designate one or more of the Members as the agent for the Task Force to apply for and receive grants, enter into contracts, incur expenses and make expenditures necessary and incidental to the effectuation of its purposes and consistent with its powers. 6.8 The Committee may recommend changes in this Agreement to its Members. This Agreement may only be amended in writing by duly authorized execution by the Member's governing body. 0 5 69 The Committee must adopt policies and procedures to ensure that the work of the Task . Force and all Agents comply with applicable law and generally accepted law enforcement management practices, including the following areas: (a) Accountability of the Lead Agent; (b) Legality of seizures and forfeitures; (c) Inventory and accounting of seized evidence, funds, and vehicles; and (d) Centralized management of case files. 7. Agents. 7.1 As indicated herein, each Member shall assign one licensed peace officer to serve on the Task Force. Each Agent shall be assigned to the Task Force on a fill -time basis for at least three years. Additionally, the City of Eden Prairie shall assign one confidential administrative employee to assist the Task Force, 7.2 Each assigned Agent shall be a duly licensed peace officer pursuant to Minnesota Statutes and shall comply the licensing, education and training requirements set forth in Minnesota Statutes Section 471.59, subd. 12. 7.3 While assigned to the Task Force, all Agents shall be under the direct supervision and control of the Lead Agent or his/her designee. 7.4 All agents assigned to the Task Force shall comply with the policies, procedures and is rules adopted by the Task Force Committee and the Lead Agent. In areas where the Task Force Committee has not adopted a policy or rule, then personnel assigned to the Task Force shall comply with the policies and rules promulgated by their employing agency. The Task Force Lead Agent, or his or her designee, shall refer disciplinary matters or other instances of misconduct involving an Agent to the Agent's Chief Law Enforcement Officer for investigation, referral, or disposition. However, nothing herein shall be construed to prevent the Task Force Lead Agent from reporting suspected criminal conduct directly to an outside agency for investigation 7.5 At the direction of the Lead Agent, Agents will be responsible for drug investigation, including information management, case development, and case charging. Agents may also assist other Agents in surveillance and undercover operations. Task Force Agents will work cooperatively with assisting agencies. Agents acting under this Agreement in the jurisdiction of another Member are acting in the line of duty and in the course of employment and are C 0 authorized to exercise the powers of a peace officer therein. Each Agent shall be responsible for necessary communications to the Agent's Committee Member and employing agency. 7.6 Agents assigned to the Task Force, while acting within the scope of this Agreement and scope of their employment as a licensed peace officer but beyond the boundaries of their respective jurisdictions, shall have full and complete authority of a peace officer as though appointed by the governmental unit in which he/she is operating. 8. Lead Agent. 8.1 Unless replaced by the Committee pursuant to the terms herein, the Committee Member from Hennepin County shall appoint a licensed peace officer to serve as the Task Force's Lead Agent. 8.2 The assigned Lead Agent shall be a duly licensed peace officer pursuant to Minnesota Statutes and shall comply with the licensing, education and training requirements set forth in Minnesota Statutes Section 471.59, subd. 12. 8.3 The Lead Agent shall direct investigative activities based on intelligence provided by or to the Task Force Members with priority given to case investigations that directly impact the Members' communities. In accordance with the policies and riles promulgated by the Lead Agent's employing agency, the Lead Agent shall perform the following tasks: (a) Guiding and directing the activities of personnel assigned to the Task Force; • (b) Establishing goals, priorities, and work assignments; (c) Reviewing and approving reports; (d) Scheduling assigned personnel; (e) Providing input on employee evaluations, if requested; (f) Allocating overtime work, if necessary; (g) On a monthly basis, providing each Member with an "Activity Report" which shall include, but is not limited to, expense and scheduling records, informant files and related payment; and (h) Cooperating with other federal, state, and local law enforcement agencies to accomplish the purpose for which the Task Force is organized. 9. Insurance and Indemnification. 9.1 The Members must acquire and maintain a policy of liability and/or law enforcement 7 40 • 0 insurance covering the activities of the Task Force and all Task Force Agents. This insurance policy shall defend and indemnify the Members, Committee Members, Agents, Lead Agents and other Task Force personnel as well as the Member's elected officials, officers, agents, volunteers and employees for any liability, claims, causes of action, judgments, damages, losses, costs or expenses, including reasonable attorney fees, (i) arising directly or indirectly from any act or omission of any Member, Agent, Lead Agent, Committee Member or other Member employees or personnel; or (ii) arising directly or indirectly from any Task Force activities or operations; or (iii) arising from any decisions of the Task Force Committee.. 9.2 Xach party to this Agreement expressly declines responsibility -far -the acts or omissions of another party. The parties to this Agreement are not liable for the acts or omissions 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. 9.3 Nothing in this agreement shall constitute a waiver of the statutory limits on liability set forth in Minnesota Statutes Section 471.59, Chapter 466 or a waiver of any available immunities or defenses, and the limits of liability under Minnesota Statutes Chapter 466 for some or all of the parties may not be added together to determine the maximum amount of liability for any party. 9.4 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. 9.5 Any excess or uninsured liability shall be borne equally by all the Members in equal shares, 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. 9.6 Each Member shall be responsible for injuries to or death of its own personnel. Each Member will maintain workers' compensation insurance or self-insurance coverage, covering its own 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 any other Member for any workers' compensation benefits paid to its own employee or 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. 9.7 Each Member shall be responsible for damages to or loss of its own equipment. Each Formatted: Font color: Auto Member waives the right to, and agrees that it will not, bring any claim or suit against any other Member 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. 9.8 All insurance policies and certificates required under this agreement shall be open to inspection by any Member and copies of the policies or certificates shall be submitted to a Member upon written request. 10. Finances. 10.1 Task Force operations will be financed from forfeiture funds, monies, property or proceeds from the sale of the same from Task Force cases, as wells as grant funds, drug forfeitures, and any funds contributed by any Member pursuant to the terms herein ("Task Force Funds"). All proceeds and monies generated by Task Force operations shall be returned to the Task Force Funds, When the Task Force seizes property or funds in cooperation with other law enforcement agencies, the Committee Chair and the Task Force Lead Agent will negotiate the distribution of the forfeited funds with those agencies. 10.2 Upon Committee authorization to distribute funds and pursuant to the terms set forth herein, funds, monies and proceeds shall be distributed in equal shares to each Member after deduction of all Task Force costs and expenses herein stated. 10.3 Except as otherwise indicated herein, each Task Force Member shall contribute Ten Thousand Dollars ($10,000) to the Task Force's Funds to be used pursuant to the terms herein. Notwithstanding the foregoing, the parties acknowledge and agree to the following: (a) Hennepin County, the City of Eden Prairie, the City of Edina and the City of Minnetonka, each, has satisfied this obligation by making the required $10,000 contribution pursuant to the 1996 Agreement. (b) Pursuant to the terms in Section 12, 13 and 14, distributions of Task Force Funds and proceeds shall be with -held by the Members from St. Louis Park, Hopkins, and any other future Members in lieu of said $10,000 obligation. Upon Committee approval of a distribution, the Members shall debit each city's obligation for the amount of the obligation that the city would have otherwise received. When the entire $10,000 obligation has been debited, any additional distributions shall be distributed according to the terms herein. 9 0 10.4 Hennepin County shall contribute an additional Twenty Thousand Dollars ($20,000) to be used for informant/evidentiary expense purposes ("Buy Fund"). The parties acknowledge and agree that Hennepin County has satisfied this obligations by making the required $20,000 contribution pursuant to the 1996 Agreement. 11. Fiscal Agent. 11.1 Unless replaced by the Committee pursuant to the terms herein, Hennepin County shall serve as the Task Force's Fiscal Agent. 11.2 The Fiscal Agent shall serve as sole administrator of all fiords contributed by Task Force Members or otherwise received by the Task Force, and in such capacity is authorized to receive all funds for deposit and make disbursements therefrom in accordance with law and generally accepted accounting principles. In conjunction therewith, the Fiscal Agent shall maintain current and accurate records of all obligations and expenditures of Task Force Funds in accordance with generally accepted accounting principles. The Fiscal Agent shall receive and manage forfeiture funds from Task Force operations on behalf of the Members and shall return forfeiture funds pursuant to an order of a court of competent jurisdiction or at the direction of the Committee. 11.3 The Fiscal Agent shall provide each Committee Member and the Lead Agent with quarterly financial and statistical reports pursuant to applicable financial and accounting standards. The Task Force shall maintain all such reports and related records for a period of six (6) years after dissolution of the Task Force. 11.4 The Fiscal Agent 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 Committee Members which includes 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) The receipt and disbursement of funds, monies, proceeds or other property; (e) All Task Force distributions of funds, monies and proceeds; (f) Quarterly financial reports; (g) Other matters which affect the interests of the Task Force. 11.5 If Task Force Funds are insufficient to fiord Task Force operations, the Committee may request that the Members provide additional sustaining contributions to the Task Force Funds 1L 0 and the Buy Fund. 11.6 The Task Force's Funds may be expended by the Committee in accordance with this Agreement in a manner determined by the Committee. In no event shall there be an expenditure of Task Force Funds except in accordance with the approved budget. 11.7 Each Member agrees that any other Member, the State Auditor, or their duly 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., which are pertinent to the accounting practices and Procedures of the Task Force, or the Member, and involve transactions relating to this SWHDTF Agreement. As necessary, the Fiscal Agent shall transcribe any Task Force books, documents, papers, records etc which are pertinent to the accounting practices and procedures of the Task Force. 12. Member Withdrawal. 12.1 A Member may withdraw from the Task Force by providing written notice to the Committee. 12.2 This SWHDTF Agreement shall apply and control the withdrawing Member's rights, duties and obligations with respect to all matters occurring while a Member or related to being a Member including but not limited to matters occurring under or related to the 1996 Agreement. 12.3 Unless the Committee agrees to a shorter time period, the Member's obligation to the Task Force, including but not limited to assigning an Agent shall continue for sixty (60) days following notice. A withdrawing Member's right to vote shall terminate upon the expiration of such Member's obligations to the Task Force as set forth pursuant to the preceding sentence. 12.4 The withdrawing Member shall not be entitled to any distribution of fiords or share of Task Force property after the expiration of the Member's obligations to the Task Force as set forth in the first sentence of section 12.3. Property owned by the Member but in the Task Force's possession shall be returned, transferred and/or distributed to the withdrawing Member. In the event the City of St. Louis Park, the City of Hopkins, or a future Member withdraws pursuant to these provisions before in -lieu -of distributions have satisfied their obligation to contribute $10,000 to the Task Force (pursuant to Section 10), the withdrawing city shall pay whatever amount remains unsatisfied at the time of their withdrawal. 13. Member Removal. 13.1 The Committee may, upon a majority vote of all Committee Members, remove any Member if that Member fails to comply with the terms of this SWHDTF Agreement, fails to properly and timely fulfill its obligations hereunder, violates any of the covenants, agreements or stipulations herein, or for other good cause. The Committee Member for the Member subject to removal is entitled to a vote on the matter. 13.2 The removed Member shall not be entitled to any distribution of finds or share of Task Force property. Property owned by the Member but in the Task Force's possession shall be returned, transferred and/or distributed to the removed Member. The Committee shall determine the effective date of the Member's removal and shall establish the Member's duties and obligations pending removal. In the event the City of St. Louis Park, the City of Hopkins, or future Member is removed pursuant to these provision before in -lieu -of distributions have satisfied their obligation to contribute $10,000 to the Task Force (pursuant to Section 10), the removed city shall pay whatever amount remains unsatisfied at the time of their withdrawal. 13.3 This SWHDTF Agreement shall apply and control the removed Member's rights, duties and obligations with respect to all matters occurring while a Member or related to being a Member including but not limited to matters occurring under or related to the 1996 Agreement. A removed Member shall not be relieved of any liability incurred during the time while the Member was participating in the Task Force. The Members are entitled to exercise all legal . rights and remedies toward the removed Member and nothing herein shall be construed to limit, modify or restrict those rights and remedies. 14. Task Force Dissolution. 14.1 Upon a majority vote of all Members entitled to vote on Task Force matters, the Task Force may be voluntarily dissolved. 14.2 In the event the Task Force is involuntarily dissolved or voluntarily dissolved pursuant to the terms herein, the Committee shall provide for the distribution and transfer of all Task Force finds and assets in the following manner: (a) Governmental units that have not been Members, continuously, for thirty-six (36) months preceding the Committee's dissolution of the Task Force shall not be entitled to any distribution of funds or share of Task Force property. Property owned by the Member but in the Task Force's possession shall be returned, transferred and/or 12 is distributed to the Member. In the event the Task Force is so dissolved before the in -lieu - of distributions have satisfied the City of St. Louis Park's, the City of Hopkins', or a future Member's obligation(s) to contribute $10,000 to the Task Force (pursuant to Section 10), the city shall pay whatever amount remains unsatisfied at the time of their withdrawal. (b) Governmental units that have been Members, continuously, for the 36 months immediately preceding notice of dissolution shall be entitled to the following distributions: (i) The first $20,000 of the Task Force's monetary assets and fiinds shall be distributed to Hennepin County to repay its Buy Fund contribution; (ii) the Task Force's remaining monetary assets and funds shall distributed pursuant to the Distributional Share of Monetary Assets and Funds calculation set forth below. (iii) Property owned by the Member but in the Task Force's possession shall be returned, transferred and/or distributed to the Member; (iv) the Committee may, upon a majority vote of all Committee Members entitled to a share hereunder, elect to liquidate and/or sell non -monetary Task Force assets and the proceeds distributed as Proportional Share. (v) non -monetary Task Force assets not liquidated or sold shall be distributed in • Proportional Share at current market value, in like -kind and/or as the parties otherwise agree; (c) The thirty-six (36) month period immediately preceding dissolution of the Task Force, as indicated above, will be measured from the date the Member executes this SWHDTF Agreement pursuant to the terms herein through the date that a majority of the Members affirmatively votes to dissolve the Task Force. (d) The term "Proportional Share", as used herein, shall mean the proportion of the applicable Members number of years of participation in the Task Force, including participation under the 1996 Agreement, as a share of the total years of participation of all Members so entitled to said share. A fraction of a year will be counted as a fill year if the fraction is at least 50%. (e) the "Distributional Share of Monetary Assets and Funds" calculation shall be performed as follows: 13 0 (i) the Fiscal Agent shall record the Task Force's monetary assets and funds on January 1, 2012 ("Monetary Assets and Funds Attributable to the 1996 Agreement"); (ii) the Monetary Assets and Funds Attributable to the 1996 Agreement shall be distributed, in equal shares, among the County of Hennepin, the City of Eden Prairie, the City of Edina, and the City of Minnetonka; (iii) then, additionally, the remaining funds shall be distributed to all eligible Members, including but not limited to the County of Hennepin, the City of Eden Prairie, the City of Edina, the City of Minnetonka, pursuant to Proportional Share calculation herein. 15. Additional Provisions 15.1 This agreement may be executed in several counterparts, each of which shall be an original, all of which shall constitute but one and the same instrument. 15.2 Except as provided herein regarding the 1996 Agreement, the entire SWHDTF Agreement between the parties is contained herein and this SWHDTF Agreement 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 SWHDTF Agreement. 15.3 Any alterations, variations, modifications, or waivers of provisions of this SWHDTF Agreement shall only be valid when they have been reduced to writing as an amendment to this SWHDTF Agreement signed by the parties. 15.4 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 SWHDTF Agreement. 15.5 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. 15.6 If any provision of this Agreement is held invalid, illegal or unenforceable, the remaining provisions will not be affected. SIGNATURE PAGES FOLLOW 14 SOUTHWEST HENNEPIN DRUG TASK FORCE AGREEMENT IN WITNESS WHEREOF, the undersigned Governmental Unit(s), by, action of their governing bodies, caused this Agreement to be executed in accordance with the authority of Minnesota Statutes, § 471.59. COUNTY BOARD AUTHORIZATION COUNTY OF HENNEPIN Reviewed by the County STATE OF MINNESOTA Attorney's Office Date: 0 By: Chair of Its County Board ATTEST: Deputy Clerk of County Board Date: By: Assistant/Deputy/County Administrator Department Director of Date: (signatures continued on additional pages) 15 SOUTHWEST HENNEPIN DRUG TASK FORCE AGREEMENT IN WITNESS WHEREOF, the undersigned Governmental Unit(s), by, action of their governing bodies, caused this Agreement to be executed in accordance with the authority of Minnesota Statutes, § 471.59. CITY OF EDEN PRAIRIE By: Its Mayor Reviewed by City Attorney's Office: And: Eden Prairie City Attorney Its City Manager (signatures continued on additional pages) W] SOUTHWEST HENNEPIN DRUG TASK FORCE AGREEMENT IN WITNESS WHEREOF, the undersigned Governmental Unit(s), by, action of their governing bodies, caused this Agreement to be executed in accordance with the authority of Minnesota Statutes, § 471.59. Reviewed by City Attorney's Office: Edina City Attorney L.J CITY OF EDINA By: Its Mayor And: Its City Manager (signatures continued on additional pages) 17 SOUTHWEST HENNEPIN DRUG TASK FORCE AGREEMENT IN WITNESS WHEREOF, the undersigned Governmental Unit(s), by, action of their governing bodies, caused this Agreement to be executed in accordance with the authority of Minnesota Statutes, § 471.59. Reviewed by City Attorney's Office: Hopkins City Attorney • CITY OF HOPKINS Its Mayor And: Its City Manager (signatures continued on additional pages) 18 SOUTHWEST HENNEPIN DRUG TASK FORCE AGREEMENT • IN WITNESS WHEREOF, the undersigned Governmental Unit(s), by, action of their governing bodies, caused this Agreement to be executed in accordance with the authority of Minnesota Statutes, § 471.59. CITY OF MINNETONKA Its Mayor Reviewed by City Attorney's Office: And: Minnetonka City Attorney Its City Manager (signatures continued on additional pages) • 19 0 SOUTHWEST HENNEPIN DRUG TASK FORCE AGREEMENT 40 IN WITNESS WHEREOF, the undersigned Governmental Unit(s), by, action of their governing bodies, caused this Agreement to be executed in accordance with the authority of Minnesota Statutes, § 471.59. CITY OF ST. LOUIS PARK IN Reviewed by City Attorney's Office: Its Mayor And: St. Louis Park City Attorney Its City Manager (signatures continued on additional pages) • 20 0