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RES 1995-41 - 0000288559 1 RESOLUTION NO. 41 - 1995 RESOLUTION APPROVING AND AUTHORIZING SIGNING A REVISED JOINT POWERS AGREEMENT WITH THE LAW ENFORCEMENT AGENCIES IN ANOKA COUNTY TO ESTABLISH A PRISONER TRANSPORT SERVICE FOR ANOKA COUNTY LAW ENFORCEMENT AGENCIES WHEREAS, the County of Anoka and the municipalities of Anoka County joined together by owners agreement to form the Anoka County Joint Law Enforcement Council ( ACJLEC); and WHEREAS, the ACJLEC is supportive of joint arrangements being entered into between interested parties in order to combine efforts to provide transportation service to the Anoka County Jail Facility (ACJF) , the Anoka Metro Regional Treatment Center (AMRTC), or the Anoka County Juvenile Shelter Facility (ACJSF) during selected hours on the weekends; and WHEREAS, Anoka County is willing to provide a transport vehicle for use in providing such transport service in order to facilitate such an effort; NOW, THEREFORE, BE IT RESOLVED that the City Council hereby approves said Agreement and that the Mayor and the City Manager are hereby authorized to execute the attached Joint Powers Agreement (Exhibit "A ") relating to the ' transport service. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 10TH DAY OF JULY, 1995. WILLIAM J NEE - MAYOR ATTEST: �dddd WILLIAM A. CHAMPA - CITY County Contract #95015160 JOINT POWERS AGREEMENT 'THIS JO WT POWERS AGREEMENT, is made and entered into between the Cities of Anoka, Blaine, Columbia Heights, Coon Rapids, Fridley, Lino Lakes, Ramsey, Spring Lake Park, and St. Francis, thie Circle Pines - Lexington Joint Police Commission, and the County of Anoka, each acting by and through its governing body, pursuant to Minn. Stat. §471.59 providing for the joint exercise of powers. W ITN ESS ETH: WHEREAS, the County and the municipalities joined together by joint powers agreement to form the Anoka County Joint Law Enforcement Council ( ACJLEC); and WHEREAS, the ACJLEC is supportive of joint arrangements being entered into between interested parties in order to combine efforts to provide transport service to the Anoka County Jail Facility (ACJF), the Anoka Metro Regional Treatment Center ( AMRTC), or the Anoka County Juvenile Shelter Facility (ACISF).during selected hours on the weekends;. and WHEREAS, Anoka County is willing to provide a transport vehicle for use in providing such transport service in order to facilitate such an effort; NOW, THEREFORE, in consideration of the mutual agreements contained herein and in exercise of the power granted by Minn. Stat. §471.59, the parties to this agreement do. mutually agree as follows: ' 1. PURPOSE The parties agree that they have joined together for the purpose of providing prisoner transport service from the point of arrest or detention to the ACJF or the AMRTC or the ACJSF. The law enforcement agency of each party is referred to as the participating agency. 2. TERM This agreement shall begin effective June 23, 1995 and remain in effect until terminated in accordance with the terms of this agreement. 3. TRANSPORT VEHICLE Anoka County agrees to provide a transport vehicle which shall be available during selected hours on Friday, Saturday and Sunday for use to provide transport service in accordance with the terms of this agreement. Availability of the transport vehicle may be expander: to include selected Thursday hours at such time as the Anoka County Sheriff, after conferring with the participating agencies, makes a determination that the addition of transport service on Thursday would be in the best interest of the participating agencies. 4. PERSONNEL ROTATIONS ' Each of the participating agencies shall be responsible for assigning personnel who will operate the transport vehicle during their assigned shifts. Personnel assigned by a party may consist of two licensed law enforcement officers, a licensed law enforcement officer and anon- licensed reserve officer, or two non - licensed reserve officers in those circumstances when a licensed law 61 County Contract #950153 ' enforcement officer is not available. Any non - licensed reserve officer assigned by a participating agency to perform duties under the terms of this agreement must satisfy the training requirement specified in the operations policy for the transport service. Anoka County will be responsible for the assignment.of officers to the transport service on the weekends of June 23 and July 1, 1995. Each participating agency is then responsible for a weekend rotation in the following order: Anoka Blaine Circle Pines - Lexington Columbia Heights' Coon Rapids Fridley Lino Lakes Ramsey St. Francis Spring Lake Park Anoka County The Anoka County Sheriff or designee will maintain a schedule indicating each participating agency's rotation and will provide a copy of the schedule on a quarterly basis (beginning with the July- September 1995 quarter) to participating agencies approximately 30 days prior to the beginning of the quarter. 5. ROTATION DUTIES Operation of the transport vehicle will be done in accordance with the policy and procedures for the transport service developed by the Anoka County Sheriffs Office. A copy of the initial policy and procedures for the transport service is attached. The policy and procedures for the transport service may be amended at any time by the Anoka County Sheriffs Office, after conferring with the participating agencies. The primary responsibility for personnel operating the transport vehicle will be to respond to requests for transport service. Any participating agency can request dispatch of the transport vehicle for the transport of person(s) to the ACJF, the AMRTC detox unit, or the ACJSF. 6. WORKER'S COMPENSATION COVERAGE The participating agency responsible for assigning personnel to a rotation is responsible for providing worker's compensation coverage for the personnel it assigns during the time such personnel is operating the transport vehicle. In addition, the participating agency is responsible for any payment of wages or other remuneration for personnel it assigns to the transport service. 7. INDEMNIFICATION ' Each party shall indemnify and hold harmless the other parties against all claims, losses, damage, liability, suits, judgments, costs, and expenses by reason of th- actions or inactions of personnel assigned by that party's participating agency to operate the transport vehicle. This agreement to 2 County Contract #950153 indemnify and hold harmless does not constitute. a waiver by any party to this Agreement of ' limitations on liability provided by Minn. Sort. Chap. 466. It. CONTRACTS AND PURCHASES n Any contracts and purchases made pursuant to this agreement shall be made by the County and shall conform to the requirements applicable to the County. 12. DISBURSEMENT OF FUNDS AND PROPERTY This agreement does not anticipate disbursement of funds by the parties. Any costs to a participating agency incurred pursuant to this agreement shall be disbursed pursuant by that party in accordance with the method provided by law. The parties do not intend to acquire property under the terms of this Agreement. Any transport vehicle used in providing service pursuant to this agreement shall remain the property of Anoka County. 13. STRICT ACCOUNTABILITY Pursuant to Minn. Stat. §471.59, a joint powers agreement is to provide for strict accounting of all funds and report of all receipts and disbursements. Any party to this agreement may request a strict accounting at any time. 14. TERMINATION Any party may terminate participation in this Agreement upon ninety (90) days written notice to the other parties. Such notice shall be delivered to the Mayor or Clerk of a city and to the Anoka County Administrator and Anoka County Sheriff. If Anoka County terminates participation in this Agreement, the Agreement shall terminate effective on the date specified in the written notice. In the case of termination by any other party, the Agreement will continue in effect until such time as either,there are fewer than three participating agencies or the parties mutually agree to terminate the agreement. 15. ENTIRE AGREEMENT This joint powers agreement constitutes the entire agreement of the parties on the matter related hereto. The agreement shall not be altered or amended, except by agreement in writing signed by the parties hereto. 16. SIGNATURES All parties to this Agreement need not sign the same copy of the Agreement. An original Agreement signed by each party to this Agreement shall be maintained in the Office of the Anoka County Attorney. 3 i 63 County Contract #950153 IN wITNESS WHEREOF, the parties have signed this Agreement on the dates below: I ANOKA COUNTY Bv: Dan Erhart, Chair Board of Commissioners Dated: 1995 Attest: John "Jay" McLinden County Administrator I I I 4 CITY OF By: Name: _ Title: Dated: 1995