HomeMy WebLinkAbout5M SWMDTF JPA Report
Phone 952.447.9800 / Fax 952.447.4245 / www.cityofpriorlake.com
4646 Dakota Street SE
Prior Lake, MN 55372
CITY COUNCIL AGENDA REPORT
MEETING DATE: NOVEMBER 28, 2016
AGENDA #: 5M
PREPARED BY: MARK ELLIOTT, CHIEF OF POLICE
PRESENTED BY: MARK ELLIOTT, CHIEF OF POLICE
AGENDA ITEM: CONSIDER APPROVAL OF A RESOLUTION APPROVING A JOINT
POWERS AGREEMENT WITH THE STATE OF MINNESOTA ON
BEHALF OF THE PRIOR LAKE CITY ATTORNEY AND POLICE
DEPARTMENT
DISCUSSION: Introduction
The purpose of this agenda item is to renew a Joint Powers Agreement
between the Prior Lake Police Department and the Southwest Metro Drug
Task Force(SWMDTF) pursuant to the terms of the agreement.
History
The State of Minnesota administers a Violent Crime Enforcement Team
(VCET) program which provides grants for funding regional drug task force
teams that target drug dealers. The Southwest Metro Drug Task force is
made up of 6 agents and 12 agencies. Minnesota statues govern the
oversite and governing of these VCET teams. The city of Prior Lake
participates in this program through financial support of the team.
Member agencies include Carver County Sheriff's Office, McLeod County
Sheriff’s Office, Scott County Sheriff's Office, Winsted Police Department,
Brownton Police Department, Lester Prairie Police Department,
Hutchinson Police Department, South Lake Minnetonka Police
Department, Shakopee Police Department, Prior Lake Police Department,
Belle Plaine Police Department and Jordan Police Department.
Current Circumstances
The term of the JPA runs for the one year grant cycle and must be
renewed every year by approval of the city council in order to qualify for the
grant funding. The grant award 2017 is $100,000, a $10,000 increase over
2016. The current grant expires in December 2016. The department
currently has a JPA with the task force and operates under the terms and
conditions set forth within.
Last year the SWMDTF seized over $536,000 in illegal drugs during the
course of its investigations. The SWMDTF is the primary investigative
resource for the Prior Lake Police Department to investigate drug dealing
crimes.
2
Conclusion
It is recommended that the city approve the resolution, as recommended
by staff.
ISSUES: This approval will allow the Police Department to enter into the JPA with
the task force and allow the grant funding to be received. Police Chief
Elliott has been appointed the Executive Director of the SWMDTF for the
coming year.
FINANCIAL
IMPACT:
The SWMDTF charges member agencies an annual fee of $8400 which, in
conjunction with the grant funds received, finance the organization’s
activities.
ALTERNATIVES: 1. Adopt the Resolution as recommended by staff as part of the
consent agenda.
2. Remove this item from the consent agenda for discussion.
RECOMMENDED
MOTION:
Alternative #1
4646 Dakota Street SE
Prior Lake, MN 55372
RESOLUTION 16-XXX
A RESOLUTION APPROVING A JOINT POWERS AGREEMENT WITH THE STATE OF
MINNESOTA ON BEHALF OF THE PRIOR LAKE CITY ATTORNEY AND POLICE
DEPARTMENT
Motion By: Second By:
WHEREAS, the City of Prior Lake on behalf of its Police Department desires to enter into a
Joint Powers Agreement with the Southwest Metro Drug Task Force for the
investigation of drug related crimes in the city of Prior Lake and throughout the
Southwest Metro Drug Task Force service area.
NOW THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF PRIOR LAKE,
MINNESOTA as follows:
1. That the Southwest Metro Drug Task Force Joint Powers Agreement, is hereby
approved.
2. Copies of the Agreement are attached to this Resolution and made a part of it.
3. That the Mayor and City Manager or their successors, are designated the Authorized
Representatives for the City of Prior Lake and the Prior Lake Police Department. The
Authorized Representative is also authorized to Sign the agreement and any subsequent
amendment or agreement that may be required by the State of Minnesota to maintain
the City’s access and to the Task force and the State Grant funding.
PASSED AND ADOPTED THIS 28th DAY OF NOVEMBER, 2016
VOTE Hedberg Keeney McGuire Morton Thompson
Aye ☐ ☐ ☐ ☐ ☐
Nay ☐ ☐ ☐ ☐ ☐
Abstain ☐ ☐ ☐ ☐ ☐
Absent ☐ ☐ ☐ ☐ ☐
______________________________
Frank Boyles, City Manager
342158v2 SJS SHlSS-23 1
SOUTHWEST METRO DRUG TASK
FORCE JOINT POWERS AGREEMENT
The parties to this Agreement are governmental units of the State of Minnesota. This
Agreement is made and entered into pursuant to Minnesota Statutes Section 471.59.
THIS AGREEMENT, made and entered into by and between Carver County
Sheriff's Office, Brownton Police Department, McLeod County Sheriff's Office, Winsted
Police Department, Scott County Sheriff's Office, Lester Prairie Police Department,
Hutchinson Police Department, South Lake Minnetonka Police Department, Shakopee
Police Department, Prior Lake Police Department, Belle Plaine Police Department, New
Prague Police Department and Jordan Police Department all organized under the laws of
the state of Minnesota;
WHEREAS, Minnesota Statutes, Section 471.59 provides that two or more
governmental units may by Agreement jointly exercise any power common to the
contracting Parties;
NOW, THEREFORE, Pursuant to Minnesota Statutes 471.59 and in consideration of
the mutual covenants and promises hereinafter contained, it is agreed by and between the
City and the County as follows:
SECTION I
GENERAL PURPOSE
1.1 The general purpose of this Agreement is to provide for an organization through which the
parties may jointly and cooperatively provide for the establishment and operation of a multi-
jurisdictional drug task force which will aid in reducing felony level drug trafficking within the
parties' jurisdictions.
SECTION II
DEFINITION OF
TERMS
2.1 For purposes of this Agreement, the terms defined in this Section shall have the meanings
given them.
2.2 "Southwest Metro Drug Task Force" means the organization created pursuant to
this Agreement, which organization is hereinafter referred to as the "Task Force."
2.3 "Governing Board" means the Governing Board of Directors of the Task
Force, consisting of one director from each governmental unit which is a member of the Task
Force.
2.4 "Governmental Unit" means any county, city, village, borough, town or other
political subdivision of the State of Minnesota or any joint powers organization in the State of
Minnesota.
342158v2 SJS SH155-23 2
2.5 "Member" means a governmental unit or joint powers organization which enters into
this Agreement and is, at the time involved, a party in good standing.
2.5.1 Voting Members:
Carver County Sheriff’s Office, McLeod County Sheriff’s Office, Scott County
Sheriff’s Office, Hutchinson Police Department, South Lake Minnetonka Police
Department, Shakopee Police Department, Prior Lake Police Department, Belle
Plaine Police Department, New Prague Police Department and Jordan Police
Department, Lester Prairie Police Department.
2.5.2 Partner Against Drugs:
Brownton Police Department, Winsted Police Department.
SECTION III
MEMBERSHIP
3.1 Any Governmental Unit that has a law enforcement agency and is located in Hennepin,
Carver, Scott or McLeod County is eligible to be a Member of the Task Force.
3.2 A Governmental Unit desiring to be a Member shall execute a copy of this Agreement
and shall pay the established membership charges.
3.3 The initial Members shall be those Members who joined the Task Force as voting
Members on or prior to January 1, 2011.
3.4 Governmental Units joining the Task Force after January 1, 2011, shall be admitted only
upon the favorable vote of two-thirds of the Governing Board of directors. The Governing Board
may impose conditions upon the admission of Members other than initial Members.
SECTION IV
BOARD OF DIRECTORS
4.1 Governing Board of Directors. The governing body of the Task Force shall be its board of
directors. The board of directors of the Task Force shall consist of the following: the chief law
enforcement officer of each Member or his or her designee ("Governing Board").
A. Governing Board directors shall be full-time peace officers employed by the
appointing Member.
B. Governing Board directors shall not be deemed to be employees of the Task Force
and shall not be compensated by the Task Force.
342158v2 SJS SH155-23 3
4.2 Duties of the Governing Board
A. Governing Board shall be responsible for the overall management and budget of the
Task Force.
B. The Governing Board shall coordinate information between the Members, the
Partners Against Drugs and the Task Force.
4.3 Powers of the Governing Board.
A. The Governing Board may adopt bylaws to govern its operation. Such bylaws
must be consistent with this Agreement and all applicable laws and regulations.
B. The Governing Board may enter into any contract necessary or proper for the
exercise of its powers or the fulfillment to its duties and enforce such contracts to
the extent available in equity or at law, except that the Governing Board shall not
enter into any contract in which the term exceeds one year.
C. The Governing Board may contract with any Member to act as its fiscal agent and
provide budgeting and accounting services necessary or convenient for the
Governing Board, including maintaining the Task Force's financial records. Such
services may include, but are not limited to: management of Task Force accounts
and funds, payment for contracted services and other purchases, and bookkeeping
and recordkeeping services.
D. The Governing Board shall disburse funds in a manner which is consistent with
this Agreement and, if applicable, with the method provided by law for the
disbursement of funds by the Member under contract to provide budgeting and
accounting services.
E. The Governing Board may apply for and accept gifts, grants or loans of money or
other property (excluding real property) or assistance from the United States
government, the State of Minnesota, law enforcement agencies, corporations, non-
profit corporations or any person, association, or agency for any of its purposes;
enter into any agreement in connection therewith; and hold, use and dispose of
such money or other property and assistance in accordance with the terms of the
gift, grant or loan relating thereto.
F. The Governing Board must obtain and maintain liability insurance in amounts not
less than the statutory liability limits established under Minnesota Statutes Chapter
466. The Governing Board may obtain other insurance it deems necessary to insure
the Task Force, the Governing Board, the Members, the Partners Against Drugs and
employees of the Members for actions arising out of this Agreement. The costs of
liability insurance shall be payable from Task Force funds. The Task Force shall not
take any actions under this Agreement until such liability insurance is in effect.
342158v2 SJS SH155-23 4
G. All powers granted herein shall be exercised by the Governing Board in a fiscally
responsible manner and in accordance with the requirements of law.
H. The Governing Board may cooperate with other federal, state and local law
enforcement agencies to accomplish the purpose for which the Task Force is
organized.
4.4 Terms. Appointees to the Governing Board shall serve at the pleasure of the appointing
Member, and may be removed only by the appointing Member.
4.5 Meetings. The Governing Board shall have regular monthly meetings. Special meetings
may be held by giving reasonable notice to all Members. At the meetings, the Governing Board
will establish and set policies and procedures for the Task Force, review the Task Force's operational
activities and expenditures and discuss other items related to the Task Force's operations. The
presence of a simple majority of the Governing Board directors shall constitute a quorum. In the
event that a director is unable to attend a meeting, the Member's chief law enforcement officer
may assign an alternate to attend and vote in his or her place.
4.6 Voting. Each Voting Member shall have one vote at any meeting of the Governing Board.
Proxy votes are not permitted. The Governing Board shall function by a majority vote of directors
or alternate directors present, provided that a quorum is present.
4.7 Records. The Executive Director shall be responsible for maintaining all minutes, records,
books and reports of the Task Force. The books and records of the Task Force , including the
minutes and the fully executed original of this Agreement, shall be kept at the office of the Task
Force Commander.
4.8 Organizational Structure.
A. The Task Force is a multi-jurisdictional tactical unit consisting of Member agencies.
The Governing Board shall supervise the operations of the Task Force.
B. The Governing Board shall elect a Governing Board director to serve as the
Executive Director of the Task Force on an annual basis. The Executive Director
shall be responsible for presiding over Governing Board meetings, taking meeting
minutes and maintaining frequent communication with the members of the
Governing Board and the Task Force Commander.
C. The Governing Board shall appoint a Task Force Commander. The Task Force
Commander reports to the Executive Director. The Task Force Commander shall be
responsible for working with the appointed fiscal agent of the Task Force,
managing operational disbursements and applying for and managing any grants that
are received by the Task Force. The Task Force Commander has the authority
and responsibility of directing all Task Force investigator a c t i v i t i e s , including,
but not limited to, assigning work, transferring investigators,
342158v2 SJS SH155-23 5
developing best practices and policies for the Task Force, writing letters of
commendation for investigators, suspending investigators from Task Force duties
and ordering them back to their agency, recommending investigator assignment
cancellations to the Governing Board and evaluating the performance of the
investigators. The Task Force Commander must report on his or her activities at
least quarterly to the Governing Board.
SECTIONV
PARTNERS AGAINST DRUGS
5.1 It is contemplated that certain Governmental Units may desire to follow closely the
activities of the Task Force, to receive detailed information about Task Force operations and
receive the Task Force services, but do not have the capacity to provide officers to serve on the
Task Force. Such Governmental Unit may affiliate with the Task Force as a "Partner Against
Drugs."
5.2 A Governmental Unit desiring to become a Partner Against Drugs may do so in the same
manner as is applicable to becoming a Member of the Task Force, except as otherwise provided
in this Section.
5.3 At the time of joining the Task Force as a Partner Against Drugs, the Governmental Unit
shall indicate to the Task Force in writing that it is not requesting to join as a Member but as a
Partner Against Drugs.
5.4 A Partner Against Drugs may appoint a representative and an alternative representative to
attend the meetings of the Governing Board but such representative (or alternate ) shall be without
voting power shall not be eligible to serve as the Executive Director or Task Force Commander
and shall not be counted for quorum purposes.
5.5 The Governing Board may establish the charges to be paid by Partners Against Drugs and
for that purpose it may classify Partners Against Drugs in accordance with their varying
circumstances.
5.6 Change in Status. A Partner Against Drugs may apply for membership status and become
a regular Member of the Task Force.
5.7 Withdrawal. A Partner Against Drugs may discontinue its association with the Task
Force at any time by giving written notice of withdrawal to the Executive Director of the Task
Force. No refund will be made by the Task Force of the annual contribution paid by the withdrawing
Partner Against Drugs.
SECTION VI
BUDGET AND FINANCE
6.1 Financial Records. The Task Force Commander must work with the Governing Board's
fiscal agent to maintain the Task Force's financial records. The financial records must detail the
342158v2 SJS SH155-23 6
Task Force's income and expenditures. They must be available for review at any time by the
Task Force Members.
6.2 Budget. By December 15th of each year, the Task Force Commander shall prepare a
budget for the following calendar year to be adopted by the Governing Board. The Governing
Board may amend the budget from time to time. Each Member shall have a line item in its own
budget dedicated to the Task Force.
6.3 Funding. The Members intend to fund the Task Force through federal and state grants
that are administered by the Minnesota Department of Public Safety and annual contributions paid
by each Member and the Partners Against Drugs. Assets seized and forfeited through lawful
channels by the Task Force shall become Task Force assets and may be used as supplemental
funding for Task Force operations and expenses. The Governing Board shall establish the
contribution amount for each Member and Partner Against Drugs. In the event that the Governing
Board is going to change a contribution amount for a particular Member or Partner Against Drugs,
it shall provide that Member or Partner Against Drugs with notice in a sufficient amount of time
so that the Member or Partner Against Drugs' council or board is able to include the change in its
Task Force contribution amount in its budget for the next year.
6.4 Accounting. All Task Force funds shall be accounted for according to generally accepted
accounting principles. A report on all receipts and disbursements shall be forwarded by the Task
Force Commander to the Governing Board monthly and on an annual basis. All expenditures of the
Task Force 'must be approved by the Governing Board.
6.5 Grant Requirements. The Task Force shall comply with all reporting requirements that
are required for any grants that it receives.
SECTION VII
OPERATIONS
7.1 Task Force Investigators. The Task Force shall be composed of the Task Force Commander
and a certain number of Task Force investigators, who are licensed peace officers which are
employed and compensated by the Members' law enforcement agencies but shall devote 100 percent
of their time to Task Force operations. The Task Force investigators shall work on behalf of the
Task Force by gathering and acting on information and investigating specific cases related to felony
level drug distribution in the Task Force Members' and Partners Against Drugs' jurisdictions. The
Task Force Commander and Task Force investigators also may assist Members and Partners
Against Drugs' law enforcement agencies in investigations, provide Members and Partners Against
Drugs' law enforcement agencies with technical advice and support, and provide needed
equipment to Members and Partners Against Drugs, if available. The number of Task Force
investigators shall be determined from time to time by the Governing Board. Task Force
investigators shall have discretionary powers of arrest in all Members and Partners Against Drugs'
jurisdictions, pursuant to Minnesota Statutes Section 471.59, subdivision 12.
342158v2 SJS SH155-23 7
execution; ii) civil process/forfeiture procedures; iii) evidence
collection/testing/handling/packaging/documentation; iv) surveillance techniques/counter
7.2 Reimbursement for Assignment of Task Force Personnel. The Task Force
Commander and the Task Force personnel shall be employed and compensated by the Members'
law enforcement agencies. The Task Force shall reimburse Members who assign their personnel to
the Task Force a certain rate as set by the Governing Board from time to time.
7.3 Assignment of a Task Force Investigator. A Task Force investigator's assignment to
the Task Force shall be considered a privilege. If any investigator is not performing at an
acceptable level, or violates the Task Force's policies or procedures, the Task Force Commander
shall have the authority to send the investigator back to his or her agency for the remainder of his
or her shift. The Task Force Commander must then contact the investigator's supervisor or chief
law enforcement officer regarding the issue. The Task Force Member, as the investigator's
employer is responsible for taking any disciplinary action or making any change in assignment
that it decides is appropriate. Any change to an investigator's assignment to the Task Force must
be approved by the Governing Board.
7.4 Location of the Task Force. Task Force investigators shall be located at the Task Force
Facility. The Task Force investigators' daily Task Force activities will be supervised and
coordinated by the Task Force Commander. All Task Force equipment, information and records
shall be stored at the Task Force Facility.
7.5 Information and Records. The Task Force Commander shall be responsible for
maintaining an intelligence database for the Task Force. This database should contain information
relevant to a suspect's personal information and any alleged criminal activity. Task Force
investigators shall be responsible for promptly entering relevant intelligence information into the
Task Force intelligence database. Task Force investigators shall also be responsible for maintaining
their own informant usage and reliability records at the direction of the Task Force Commander.
The Task Force Commander shall also maintain a statistical recordkeeping system that contains
information relevant to all Task Force arrests, property seizures, controlled substance seizures
and forfeitures. Task Force investigators must timely file all required Task Force reports,
documents and other administrative and case work with the Task Force Commander.
7.6 Task Force Investigator Training. Task Force investigators assigned to investigate
narcotics violations are encouraged to obtain training in the following areas prior to assignment
or as soon as reasonably practical thereafter: i) search warrants/entries/raid planning and
surveillance awareness; v) electronic surveillance device usage/capabilities/limitations; vi) formal
complaints/charging; vii) covert operations/plainclothes/undercover operations; viii)
interview/interrogation/statements; ix) crime scene management; and x) investigative strategies.
SECTION VIII
EQUIPMENT AND PROPERTY
342158v2 SJS SH155-23 9
8.1 Property. All individually owned prope1iy brought by a Member or Partner Against
Drugs into the Task Force shall remain the property of that entity. Any property purchased by
the Task Force shall remain the property of the Task Force. In the event the Task Force is
disbanded, the remaining property owned by Task Force shall be distributed equally to the current
Members of the Task Force.
8.2 Equipment Damage. Each Member or Partner Against Drugs shall be responsible for
damage to or loss of its own equipment occurring during Task Force operations. Each Member or
Partner Against Drugs waives the right to sue the Task Force and any other member or Partner
Against Drugs for any damages to or loss of its equipment, even if the damages or losses were
caused wholly or partially by the negligence of any other Member or Partner Against Drugs or
their officers, employees or agents.
8.3 Vehicles and Equipment. Members shall provide employees that are assigned to the
Task Force with a weapon and a cell phone. The Task Force may issue additional equipment to its
personnel as necessary. The Task Force shall provide all assigned employees with a Task Force-
owned vehicle, which will be maintained and insured by the Task Force. Members shall be
responsible for providing fuel for the vehicles.
8.4 Forfeitures. Assets seized and forfeited through lawful channels by the Task Force will be
Task Force assets and will be used as supplemental funding for Task Force operations. Forfeited
funds, once cleared by the district court will be distributed by the Task Force according to Minnesota
Statutes. The Task Force's portion of these funds will be used by the Task Force to offset any of the
matching funds budgeted items. These funds will also be used by the Task Force in conjunction
with local match dollars to continue Task Force operations should the grant amount be reduced or
the grant is denied. The Task Force Commander, in conjunction with the Task Force fiscal agent,
is responsible for keeping all financial records relating to the disbursement of forfeitures. Forfeited
items such as jewelry, vehicles, or real estate may be sold or disposed of by the Task Force in a
manner permitted by law. All firearms seized by the Task Force must be first offered to Members
for law enforcement use. The remaining firearms will be destroyed if they are deemed unusable by
the Task Force.
SECTION IX
EMPLOYEES
9.1 Workers' Compensation. Each Member and Partner Against Drugs shall be responsible
for injuries to or death of its own employees in conjunction with services provided pursuant to
the Agreement. Each Member shall maintain workers' compensation coverage or self-insurance
coverage, covering its own personnel while they are assigned to the Task Force. Each Member
waives the right to sue any other party for any workers' compensation benefits paid to its own
employee or their dependents, even if the injuries were caused wholly or partially by the negligence
of any other Member or Partner Against Drugs or its officers, employees or agents.
9.2 Governing Board directors, the Executive Director, the Task Force Commander and all
Task Force investigators a n d s t a f f shall remain employees of the Member that has assigned
them to the Task Force and shall be compensated by that Member, not the Task Force.
Appointments of the Executive Director and the Task Force Commander shall require the
concurrence of the employing Member's chief law enforcement officer.
342158v2 SJS SH155-23 9
SECTION X
INDEMNIFICATION
10.1 The Task Force shall be considered a separate and distinct public entity to which the
Members and the Partners Against Drugs have transferred all responsibility and control for actions
taken pursuant to this Agreement. To the fullest extent permitted by law, actions by the members
and Partners Against Drugs pursuant to this Agreement are intended to be and shall be construed
as a "cooperative activity" and it is the intent of the Members and the Partners Against Drugs that
they shall be deemed a "single governmental unit" for the purposes of liability, as set forth in
Minnesota Statutes Section 471.59, subdivision la (a); provided further that for purposes of that
statute, each Member and Partner Against Drugs expressly declines responsibility for the acts or
omissions of the other party. The Members and Partners Against Drugs are not liable for the acts
or omissions of the other Members and Partners Against Drugs except to the extent to which
they have agreed in writing to be responsible.
10.2 The Task Force shall defend, indemnify and hold harmless the Members and Partners
Against Drugs against all claims, losses, liabilities, suits, judgments, costs and expenses arising
out of action or inaction of the Governing Board, its directors, the Executive Director, the Task
Force Commander and other employees or agents of the Task Force pursuant to this Agreement.
The Task Force shall defend and indemnify the employees of any Member acting pursuant to the
Agreement except for any act or omission for which the Member's employee is guilty of
malfeasance, willful neglect of duty or bad faith. This Agreement to defend and indemnify does
not constitute a waiver by the Task Force or any Member or Partner Against Drugs of the
limitations on liability provided by Minnesota Statutes Chapter 466.
SECTION XI
DURATION, DISSOLUTION OF THE AGREEMENT
11.1 Dissolution. This Agreement shall remain in full force and effect unless a majority of the
Members' governing bodies vote in favor of dissolution, if dissolution is necessitated by operation
of law as a result of a decision by a court of competent jurisdiction, or when a majority of remaining
Members agree to terminate the Agreement upon a date certain.
11.2 Withdrawal. Any Member may terminate its participation in this Agreement upon 30
days' written notice to the Governing Board. No refund will be made by the Task Force of the
annual contribution paid by the withdrawing Member. All rights to Task Force funds and assets
are relinquished by the Member upon withdrawal. Withdrawal by any Member shall not terminate
this Agreement with respect to any parties who have not withdrawn. Withdrawal shall not discharge
any liability incurred by any Member prior to withdrawal. Such liability shall continue until
discharged by law or agreement.
342158v2 SJS SH155-23 10
11.3 Effect of Termination. Termination of this Agreement shall not discharge any liability
incurred by the Task Force or by the Members during the term of this Agreement. Upon termination
of this Agreement and after payment of all outstanding obligations, property, equipment or surplus
money held by the Task Force shall be disbursed as follows:
A. All individually-owned property and equipment brought into the Task Force by a
Member remains the property of that Member, even if the Member is no longer a
Member of the Task Force; and
B. Any remaining property, equipment and any surplus money owned by the Task
Force shall be distributed equally to the current Members.
SECTION XII
AMENDMENT
12.1 Modification. This Agreement sets forth all understandings of the Members and Partners
Against Drugs. All prior agreements, u nderstandings, representations whether consistent or
inconsistent, verbal or written, concerning this Agreement, are merged into and superseded by
this written Agreement. No modification or amendment to the Agreement shall be binding on
any Member or Partner Against Drugs unless each Member and Partner Against Drugs agrees in
writing to the proposed change or amendment.
12.2 Submittal. Any Member or Partner Against Drugs wishing to submit an amendment to
this Agreement shall do so by submitting a written proposal to the Governing Board at a regularly
scheduled or special meeting. The Governing Board shall forward the proposed amendment, with
a recommendation, to each Member and Partners Against Drugs within 90 days of receipt of the
proposed amendment.
12.3 Response to Proposed Amendment. Each Member and Partner Against Drugs shall
respond to a proposed amendment within 60 days of receipt from the Governing Board. If no
response is received from any member, the amendment is deemed to be rejected.
SECTION XIII
MISCELLANEOUS
13.1 Data Practices. The Members and Partners Against Drugs agree to comply with the
Minnesota Government Data Practices Act, Minnesota Statutes Chapter 13, as it applies to all
data created, collected, received, stored, used, maintained or disseminated by the Task Force. If
a Member or a Partner Against Drugs receives a request to release the data referred to in this
section, it must immediately notify the Task Force Commander. The Task Force Commander
will give the Member or Partner Against Drugs who has received the data request instructions
concerning the release of the data to the requester before the data is released.
13.2 Audit. The books, records and documents relevant to this Agreement are subject to audit
by the Members, the Partners Against Drugs and the State of Minnesota at reasonable times upon
written notice.
SOUTHWEST METRO DRUG TASK FORCE
JOINT POWERS AGREEMENT
January 1, 2017- December 31, 2017
SIGNATURE PAGE
IN WITNESS WHEREOF, the undersigned Governmental Unit has caused this Agreement to
be signed and delivered on its behalf.
________________________________________________
(Name of Government Unit)
By:________________________________________________
Its:________________________________________________
By:________________________________________________
Its:________________________________________________
Date:__________________,20___.