1f. 2008 Law Encorcement Contract
CITY OF
CHANHASSEN
7700 Market Boulevard
PO Box 147
Chanhassen, MN 55317
Administration
Phone: 952.227.1100
Fax: 952.227.1110
Building Inspections
Phone: 952.227.1180
Fax: 952.227.1190
Engineering
Phone: 952.227.1160
Fax: 952.227.1170
Finance
Phone: 952.227.1140
Fax: 952.227.1110
Park & Recreation
Phone: 952.227.1120
Fax: 952.227.1110
Recreation Center
2310 Coulter Boulevard
Phone: 952.227.1400
Fax: 952.227.1404
Planning &
Natural Resources
Phone: 952.227.1130
Fax: 952.227.1110
Public Works
1591 Park Road
Phone: 952.227.1300
Fax: 952.227.1310
Senior Center
Phone: 952.227.1125
Fax: 952.227.1110
Web Site
WI'IW.ci .chanhassen.mn. us
MEMORANDUM
~
TO:
Todd Gerhardt, City Manager
FROM:
Laurie Hokkanen, Assistant City Manager
JdJr-
DATE:
December 10, 2007
o~
RE:
2008 Law Enforcement Contract
BACKGROUND
Attached to this report is the proposed 2008 Contract for Police Services with
Carver County Sheriff's Office. In following the practice established in the 2005
contract, the City of Chanhassen will be contracting for full-time equivalents
(FTEs). The proposed contract for 2008 will include 15 sworn officers divided
into the following structure:
. 10 FTE Patrol Deputies @ $94,946.10
. 5 FTE Deputy Night Differential Pay @ $0.70/hr
$949,461.80
$6,419.00
. 2 FTE Patrol Corporals @ $96,386.18
. 2 FTE Corporal Night Differential @ $0.70/hr
$192,772.36
$2,567.60
. 1 FTE Liaison Sergeant @ $112,864.40
$112,864.40
. 1 FTE Investigator @
Beginning May 1,2008
$65,097.45
. 1 FTE Patrol Deputy @94,946.1O
. 1 FTE Deputy Night Differential Pau @ $0.70/hr
Beginning September 1,2008
$31,628.73
$427.93
TOTAL
$1,361,259.27
The night differential is required for any officers working a majority of their shift
after 3:00 pm.
This proposed contract calls for two new officers in 2008, an Investigator
(beginning May 1, 2008) and a patrol deputy (beginning September 1, 2008).
This contract represents an increase of 12.9% over the 2007 contract.
The contract does not provide overtime which may be required to backfill
deputies during vacations or other leave periods or to provide staff for court
appearances. The Sheriff's Office is recommending that the City plan for an
additional $65,000.00 in overtime. .
The City 01 Chanhassen · A growing community with clean lakes, quality schools, a channing downtown, thriving businesses, winding trails, and beautiful parks. A great place to live, work, and play.
In addition to the contract amount, the City of Chanhassen has historically
participated in the South West Metro Drug Task Force. For 2008, the cost of
participation is $2,100 (same as 2005 and 2006). These costs are paid directly to
SWMDTF.
RECOMMENDA TION
Staff recommends that the Chanhassen City Council approve the attached contract
for police services with the Carver County Sheriff's Office in the amount of
$1,361,259.27 for 2008 policing services. This action requires a majority of the
city council for approval.
2008 CONTRACT FOR POLICE SERVICES
City of Chanhassen
THIS AGREEMENT, made and entered into this ~ day of D ecemb-6Y
2007, by and between the County of Carver, through its Sheriff's Office (hereinafter, "County"),
and the Cityrrownship of Chanhassen, (hereinafter, "Municipality"), and, collectively known as
the "parties".
WHEREAS, the Municipality desires to enter into a contract with the County whereby the
County will provide police services within the boundaries of the Municipality; and
WHEREAS, the County agrees to render such services upon the terms and conditions hereinafter
set forth; and
WHEREAS, said contract is authorized by Minn. Stat. Sec. 471.59, 436.05, and Minn. Stat. Sec.
366 and 367;
NOW, THEREFORE, it is agreed between the parties as follows:
ARTICLE I
1. POLICE SERVICES. The County agrees to provide police service within the corporate limits
of the Municipality to the extent and in the manner set forth below:
1.1 Police services to be provided under this contract shall encompass those police duties and
functions which are the type statutorily deemed to be the responsibility of the local
communities;
1.2 With input from the Municipality, the County shall assign personnel as necessary;
1.3 All matters incident to the performance of such service or the control of personnel
employed to render such service shall be and remain in the control of the County;
1.4 In the event a dispute arises between the parties concerning the type of service to be
rendered, or the manner in which such service is provided, the County shall retain sole
discretion in determining a solution to said dispute; (i.e., re-assignment of personnel,
types of patrol, level of service available); and
1.5 The police services will be provided to the Municipality for the selected number of
contracted hours and/or full time equivalent (FTE) personnel. Such services shall not
include situations in which, in the opinion of the County, a police emergency occurs
which requires a different use of the personnel, patrol vehicle, equipment, or the
performance of special details relating to police services. It shall also not include the
enforcement of matters which are primarily administrative or regulatory in nature, (i.e.,
zoning, building code violations).
ARTICLE II
1. SPECIAL EVENT OR ADDITIONAL SERVICES. If the Municipality desires additional
police services over and above the hours and/or FTE's contracted for in this Agreement, the
municipality shall contact the Sheriff's Office contract manager or designee noted in this
agreement. The County will invoice the Municipality for these additional services pursuant to
Minn. Stat. Sec. 471.425.*
ARTICLE III
1. COOPERATION AMONG PARTIES. It is hereby agreed that the parties and all of their
officials, personnel, agents and employees shall render full cooperation and assistance to each
other to facilitate the provision of the services selected herein.
ARTICLE IV
1. PROVISION OF EQUIPMENT. It is agreed that the County shall provide all necessary
labor, supervision, vehicle, equipment, and supplies to maintain and provide the police services
selected herein.
2. OFFICE SPACE. If an FTE is requested, the Municipality shall provide office and work
space for the assigned personnel.
3. FINANCIAL LIABILITY. The Municipality does not assume liability for the direct payment
of any salaries, wages, or other compensation to personnel employed by the County to perform
the selected services. It is agreed that all personnel shall be employees of the County and the
County shall be responsible for providing worker's compensation insurance and all other benefits
to which such personnel shall become entitled by reason of their employment with the County.
4. MUTUAL INDEMNIFICATION. Each party shall be liable for its own acts to the extent
provided by law and hereby agrees to indemnify, hold harmless and defend the other, its
personnel and employees against any and all liability loss, costs, damages, expenses, claims or
actions, including attorney's fees which the other, its personnel and employees may hereafter
sustain, incur or be required to pay, arising out of or by reason for any act or omission of the
party, its agents, servants or employees, in the execution, performance, or failure to adequately
perform its obligations pursuant to this Contract. Liability of the County or other Minnesota
political subdivisions shall be governed by the provisions of the Municipal Tort Claims Act,
Minn. Stat. Ch. 466, and other applicable laws.
Subd 1a. Liability. (a) A governmental unit participating in a joint enterprise, including
participation in a cooperative activity undertaken pursuant to this section or other law, is not
liable for the acts or omissions of another governmental unit participating in the joint adventure
or joint enterprise, unless the participating governmental unit has agreed in writing to be
responsible for the acts or omissions of another participating governmental unit.
(b) For purposes of determining total liability damages, the participating governmental units and
the joint board, if one is established, are considered a single governmental unit and the total
liability for the participating governmental units and the joint board, if established, shall not
exceed the limits on governmental liability for a single governmental unit as specified in section
3.736 or 4.66.04, subdivision 1, or as waived or extended by the joint board or all participating
governmental units under section 3.736, subdivision 8: or 471.981.This paragraph does not
protect a governmental unit from liability for its own independent act or omissions not directly
2
related to the joint activity.
5. INSURANCE. The County agrees that all insurance required to adequately cover vehicles,
personnel and equipment used by the County in the provision of the selected services will be
provided by the County.
ARTICLE V
1. TERM. The term of this contract shall be January 1,2008 to December 31,2008.
2. RATE. For contract year 2008 the Sheriff's Office has presented the municipality with a
recommended police plan which includes the police contract rates.
3. NOTICE.
3.1 If the County does not desire to enter into a contract for police service for 2008, the
Municipality shall be so notified in writing six (6) months prior to the expiration of the
current contract.
3.2 On or before August 15 of the current contract year, the County shall notify the
Municipality of the police contract rates for the following year.
3.3 The Municipality shall notify the County of its intention to contract for police services for
the following year no later than October 15 of the current contract year.
3.4 In the event the Municipality shall fail to give notice as required above, the County shall
presume the Municipality does not desire to enter into an agreement with the County for
police services.
3.5 Notice under the above provisions shall be sent to:
Sheriff's Contract Manager: Municipality:
Commander Jeff Enevold Todd Gerhardt, Administrator
Carver County Sheriff's Office
606 4th Street East
City Of Chanhassen
7700 Market Blvd
Chanhassen MN 55317
952 - 227-1109
Chaska, MN 55318
952-361-1203
j enevold@co.carver.mn.us
tgerhardt@ci.chanhassen.mn.us
3
ARTICLE VI
MENU OF POLICE SERVICES
1. 2008 POLICE STAFFING OPTIONS
1.1 HOURLY POLICE SERVICE OPTION
1.1.1 Deputy Sheriff @ $55.32 per hour. For performing the services contemplated
herein, the Municipality agrees to contract for a total of hours in 2008
for Deputy Sheriff services at the hourly rate of $55.32 per hour in the amount of _
1.2 FULL TIME EQUIVALENT (FTE) PERSONNEL OPTION
1.2.1 FTE personnel are full time employees dedicated to the contract community. The
FTE deputy's compensated time includes patrol, training, holidays, vacation, sick
leave and other benefited time. The FTE deputy position is not automatically
backfilled when the deputy is away from patrol for the above types of compensated
time. The FTE deputy cost includes: salary, benefits, supervision, administration,
training, clerical support, insurance, vehicle, fuel, equipment, supplies and county
overhead. The FTE costs do not include additional hours which are necessary for
court or filling a shift for a compensated day off. If the Municipality requests
coverage for any compensated days off noted above, it is recommended the
Municipality set aside a contingency for additional hours.
Additional hours for Deputies will be billed at $43.69. Liaison Sergeant additional
time will be billed at $56.07 per hour. *
1.2.2 For Police Services the Municipality agrees to contract for the following Menu of
Police Service FTE's. (A night differential charge of 70 cents per hour will apply
for sworn FTE's working a majority of their shifts after 3:00 PM.)
10 FTE Patrol Deputy = $949,461.80
5 FTE Night Differential = $6,419.00
January 1,2008
2 FTE Patrol Corporal = $192,772.36
2 FTE Night Differential = $2,567.60
January 1,2008
1 FTE Liaison Sergeant = $112,864.40
January 1,2008
1 FTE Investigator = $65,097.45
May 1, 2008
1 FTE Patrol Deputy = $31,648.73
1 FTE Night Differential = $427.93
September 1, 2008
TOTAL MENU OF SERVICE FTE AMOUNTS = $1,361,259.27
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1.3 2008 COMMUNITY SERVICE OFFICER RESPONSE
1.3.1 For Community Service Officer (CSO) the Municipality agrees to contract for a
total of hours in 2008 for CSO services at the hourly rate of $29.87 per hour in
the amount of $.
1.3.2 The fee for a Community Service Officer to respond to a call in a non-CSO
contracting community will be $89.64 which will be automatically invoiced
pursuant to Minn. Stat. Sec. 471.425.*
2008 POLICE STAFFING OPTION TOTALS:
HOURLY OPTION @ $55.32/HR AMOUNT DUE $N/A
FIE OPTION AMOUNT DUE $1.361.259.27
CSO OPTION @ $29.87/HR AMOUNT DUE $N/A
CSO PER CALL SERVICE OPTION @ $89.64/CALL $N/A
TOTAL AMOUNT DUE $1.361.259.27
2. PAYMENT
2.1. The Sheriff shall invoice one-half of the total amount of the current year police
staffing option cost due hereunder, or $680.629.63 to be paid on or before June 30, of
the current contract year. The Sheriff shall invoice the remaining one-half, or
$680.629.64 to be paid on or before November 30, of the current contract year.
3. MINNESOTA STATE POLICE AID: The County upon receiving the Minnesota State Police
Aid shall reimburse the Municipality its share pursuant to Minn. Stat. Sec. 69.011.
. Minn. Stat. Sec. 471.425 Prompt payment of local government bills. Subd. 2.(a) For municipalities who
have governing boards which have regularly scheduled meetings at least once a month, the standard
payment period is defined as within 35 days of the date of receipt.
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IN WITNESS THEREOF, the Municipality has caused this agreement to be executed by its
Mayor and by the authority of its governing body on the day of ,2007.
MUNICIP ALITY:
By:
Mayor
Date:
By:
City Clerk
Date:
6
IN WITNESS THEREOF, the County of Carver has caused this Agreement to be executed
by its Chair and attested by its Administrator pursuant to the authority of the Board of County
Commissioners on the
day of
,2007.
APPROVED AS TO FORM:
Carver County Attorney/Date
COUNTY OF CARVER:
By:
Chair
Carver County Board of Commissioners
Date:
By:
Byron 'Bud' Olson, Carver County Sheriff
Date:
ATTEST:
David Hemze, County Administrator
Date:
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Attachment A
Carver County Sheriff's Office
City of Chanhassen 2008 Police Contract
The Sheriff's Office will:
1. Provide 10 FIE town deputies to work 12 hour shifts January 01 through
December 31, 2008.
Total
$949,461.80
a. Night differential of $.70 per hour for 5 FIE.
Total
$6,419.00
Provide 2 FIE patrol corporals to work 12 hour shifts January 01 through
December 31,2008.
Total
$192,772.36
b. Night differential of $.70 per hour for 2 Corporal FIE.
Total
$2,567.60
2. Provide 1 FIE sergeant liaison to work January 01 through December 31,2008
Monday through Friday from 9:00 AM - 5:00 PM.
Total
$112,864.40
3. Provide 1 FIE investigator to work May 1,2008 through December 31,2008.
Total
$65,097.45
4. Provide 1 FIE patrol deputy to work Sept. 1,2008 through December 31,2008.
Total
$31,648.40
a. Night differential of $.70 per hour for 1 Patrol FIE.
Total
$427.93
Total 2008 Police Contract
$ 1,361,259.27
Note: FIE Deputies are Full Time Equivalent personnel dedicated to the contract
community. The FIE deputy's compensated time includes patrol, training,
holidays, vacation, sick leave and other benefited time. The FTE deputy position
is not automatically backfilled when the deputy is away from patrol for the above
types of compensated time. The FIE deputy cost includes; salary, benefits,
supervision, administration, training, clerical support, insurance, vehicle, fuel,
equipment, supplies and county overhead. The FIE costs do not include
additional hours which are necessary for court or filling a shift for a compensated
day off. The City should anticipate some additional hours and budget
accordingly.
If the County is not able to hire and train the needed FTE deputies as indicated
above it will credit the community accordingly.
The community has also agreed to fund the South West Metro Drug Task
Force at a cost of $2,100.00. The City will be billed separately by the
SWMDTF.