HomeMy WebLinkAbout5I - JPA to Establish Tri-City Tactical Team
4646 Dakota Street S.E.
Prior Lake, MN 55372-1714
CITY COUNCIL AGENDA REPORT
MEETING DATE: MARCH 17,2008
AGENDA #: 51
PREPARED BY: BILL O'ROURKE, CHIEF OF POLICE
AGENDA ITEM:
CONSIDER APPROVAL OF A RESOLUTION APPROVING A JOINT
POWERS AGREEMENT BETWEEN THE CITIES OF PRIOR LAKE,
SAVAGE, SHAKOPEE AND SCOTT COUNTY TO ESTABLISH,
EQUIP AND OPERATE THE TRI-CITY TACTICAL TEAM
DISCUSSION:
Introduction
The purpose of this agenda item is to consider a resolution that would
establish an organization to jointly and cooperatively coordinate efforts to
develop and provide a safe and effective response to critical incidents or high
risk situations occurring in Scott County.
History
The Tri-City Tactical Team (TTCT) was formed as part of the Law
Enforcement Mutual Aid Pact between the Cities of Prior Lake, Savage and
Shakopee in 2002. The TTCT was formed to assist the Police Departments of
each of these communities to respond to high risk situations that call for
special equipment, in the hands of specially trained officers, to bring about a
safe resolution to potentially volatile situations.
The Law Enforcement Mutual Aid Pact was amended in 2003. That first
amendment addressed the ownership of the property used by the TCTT. A
second amendment to the Mutual Aid Pact, in 2004, addressed the
reimbursement of expenses for the TCTT, in regards to time and material,
when the Team responded to a high risk situation in either the County or one
of the other Cities that are not member of the TCTT, but are parties to the
original Law Enforcement Mutual Aid Pact.
As stated, the TCTT was originally begun by the Cities of Prior Lake, Savage
and Shakopee. Since then the Scott County Sheriffs Department has joined
as an equal partner to the Team.
The League of Minnesota Cities Insurance Trust has reviewed the documents
creating the TCTT and find that a 'joint powers entity", as defined in the
LMCIT liability coverage has been created. The LMCIT interprets the
Agreement as having created a governing board that has the authority to enter
contracts, receive and expend fund, own property, etc.
Since the TCTT is a joint powers entity, the 'joint powers" exclusion in the
LMCIT liability coverage is applicable. The cities' respective LMCIT
liability coverage therefore does not cover claims arising from or relating to
the TCTT's activities, whether those claims were made against the TCTT or
against the city itself.
www.cityofpriorlake.com
Phone 952.447.9800 / Fax 952.447.4245
The TCTT Board has worked with Speiker & Co. and the LMCIT to obtain
the necessary insurance coverage. This coverage has been in place since July
10,2007.
Current Circumstances
The Joint Powers Agreement that is the subject of this resolution is formally
creating the 'joint powers entity" that the LMCIT has ruled existed all along.
The Agreement creates a Governing Board consisting of the Chief Law
Enforcement Officer of each participating agency, an appointee of the Scott
County Attorney, the Team Commander and the Assistant Team Commander.
The Governing Board has the authority to enter into the contracts necessary
and proper for the exercise of its powers or the fulfillment to its duties,
including budgeting and accounting services.
Section III of the Agreement establishes that each participating member shall
have a line item dedicated to the TCTT in their annual operating budget and
that the Governing Board may contract with any Member to provide
budgeting and accounting services.
Section IV of the agreement addresses property owned by a participating
member. Property brought into the TCTT by a participating agency remains
the property of that member agency. However, any property purchased by the
TCTT will remain the property of the TCTT. In the event the TCTT is
disbanded, the remaining equipment will be distributed equally among the
then participating member agencies.
Any party to the Agreement may terminate their participation in the
Agreement upon 30 days written notice to the Governing Board and
withdrawal by any party shall not terminate the Agreement with respect to
any parties who have not withdrawn.
FINANCIAL
IMPACT:
An allocation of $11,745 is included in the 2008 Operating Budget of the
Police Department as Prior Lakes' share of the overall TCTT budget. The
budgeted amount will be reviewed annually by the Governing Board and
Prior Lakes' future contributions will be submitted for Council approval as
part of the budget process annually.
ALTERNATIVES:
1. Approve a Resolution authorizing the Mayor and City Manager to execute
the Joint Powers Agreement for membership in the Tri-City Tactical Team.
2. Deny membership and provide direction to staff.
RECOMMENDED
MOTION:
Alternative # 1.
Revi
RESOLUTION 08-XX
A RESOLUTION APPROVING THE JOINT POWERS AGREEMENT FOR THE
TRI-CITY TACTICAL TEAM
MOTION BY: SECOND BY:
WHEREAS, the City needs the capability to respond safely and effectively to high risk and
other potentially dangerous criminal activity; and
WHEREAS, the ability to respond to such situations is enhanced by the formulation of the Tri-
City Tactical Team in conjunction with the police departments from the City of
Savage, City of Shako pee and the Scott County Sheriff's Department; and
WHEREAS, the League of Minnesota Cities Insurance Trust has ruled that the Team is a joint
powers entity and as such specifically excluded from insurance coverage under a
mutual aid agreement
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF PRIOR
LAKE, MINNESOTA THAT:
1. The recitals set forth above are incorporated herein.
2. The City Council authorizes the Joint Powers Agreement with Scott County, and the
Cities of Savage and Shakopee to establish an organization to jointly and
cooperatively coordinate efforts to develop and provide response to critical incidents.
Adopted this 17th day of March 2008.
YES
NO
Haueen Haueen
Erickson Erickson
Hedber2 Hedbere
LeMair LeMair
Millar Millar
City Manager, City of Prior Lake
www.cityofpriorlake.com
Phone 952.447.9800 / Fax 952.447.4245