1d. Approval of 2009 Police 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
www.ci.chanhassen.mn.us
MEMORANDUM
TO: Todd Gerhardt, City Manager
Laurie Hokkanen, Assistant City ManagerJ~~""
FROM:
DATE:
December 8, 2008 ~~~ .
RE:
2009 Law Enforcement Contract
.1-tL.
-
1TI1I
PROPOSED MOTION:
"The Chanhassen City Council approves the 2009 Law Enforcement Contract
with Carver County."
Approval of this item requires a majority vote of the City Council.
BACKGROUND
Attached to this report is the proposed 2009 Contract for Police Services with
the Carver County Sheriff's Office. The City of Chanhassen will be contracting
for full-time equivalents (FTEs). In 2008, the County restructured the contract
to charge FTE's and vehicles as separate line items. The proposed contract for
2009 will include 15.33 sworn officers and 8.33 vehicles divided into the
following structure:
PERSONNEL COSTS
11 FTE Patrol Deputy
6 FTE Night Differential
January 1,2009
2 FTE Patrol Corporal
2 FTE Night Differential
J an uary 1, 2009
1 FTE Liaison Lieutenant
January 1,2009
FTE Investigator
January 1,2009
.33 FTE School Resource Deputy
September 1, 2009
Chanhassen is a Community for Life - Providing for Today and Planning for Tomorrow
= $915,057
= $10,482
= $169,014
= $3,494
= $102,795
= $81,791
= $26,555
Mr. Todd Gerhardt
2009 Police Contract
December 8, 2009
Page 2
VEHICLE COSTS
1 Investigator Vehicle
1 Liaison Lieutenant Vehicle
.33 School Resource Vehicle
= $141,562
= $4,474
= $5,575
= $2,303
6 Patrol Vehicles
Total Personnel Costs
Total Vehicle Cost
= $1,309,188
= $ 153,914
TOT AL COST
= $1,463,102
The night differential is required for any officers working a majority of their
shift after 3:00 p.m.
This proposed contract calls for the replacement of the Liaison Sergeant with a
Liaison Lieutenant (cost differential of approx. $5,000) and the addition of a
School Resource Deputy at Chanhassen High School in September 2009.
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 $70,000 (versus $65,000 in 2008) in overtime. Overtime is charged
to the City based on actual use.
In addition to the contract amount, the City of Chanhassen has historically
participated in the Southwest Metro Drug Task Force (SWMDTF). For 2009,
the cost of participation'-is $2,100 (same rate since 2005). These costs are paid
directly to SWMDTF.
Language has been added to the contract that allows the City (or County) to
make changes to service levels during the year.
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 $1,463,102 for 2009 policing services. This action requires a
majority vote of the City Council for approval.
A TT ACHMENT
1. 2009 Contract for Police Services
2009 CONTRACT FOR POLICE SERVICES
City of Chanhassen
THIS AGREEMENT, made and entered into this day of
2008, by and between the County of Carver, through its Sheriff's Office (hereinafter, "County"),
and the City/Township of Chanhassen, (hereinafter, "Municipality"), and, collectively known as
the "paI1ies".
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 FIE'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 FIE 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 la. 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
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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, 2009 to December 31, 2009.
2. RATE. For contract year 2009 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 2009, 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:
Commander Jeff Enevold
Carver County Sheriff's Office
606 4th Street East
Chaska, MN 55318
952-361-1203
Municipality:
Todd Gerhardt, Manager
City Of Chanhassen
7700 Market Blvd
Chanhassen MN 55317
952 - 227-1109
jenevold@co.carver.mn.us
tgerhardt@ci.chanhassen.mn.us
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ARTICLE VI
MENU OF POLICE SERVICES
1. 2009 POLICE STAFFING OPTIONS
1.1 HOURLY POLICE SERVICE OPTION
1.1.1 Deputy Sheriff @ $56.00 per hour. For performing the services contemplated
herein, the Municipality agrees to contract for a total of hours in 2009
for Deputy Sheriff services at the hourly rate of $56.00 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 $56.00. Liaison Sergeant additional
time will be billed at $66.00 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 80 cents per hour will apply
for sworn FTE's working a majority of their shifts after 3:00 PM.)
PERSONNEL COSTS
11 FTE Patrol Deputy = $915,057
6 FTE Night Differential = $10,482
January 1,2009
2 FTE Patrol Corporal = $169,014
2 FTE Night Differential = $3,494
January 1, 2009
1 FTE Liaison Lieutenant = $102,795
January 1,2009
1 FTE Investigator = $81,791
J an uary 1, 2009
.33 FTE School Resource Deputy = $26,555
September 1, 2009
4
VEHICLE COSTS
6
1
1
.33
Patrol Vehicles
Investigator Vehicle
Liaison Lieutenant Vehicle
School Resource Vehicle
= $141,562
= $4,474
= $5,575
= $2,303
Total Personnel Costs
= $ 1,309,188
Total Vehicle Cost
=$153,914
TOTAL COST
= $1,463,102
1.3 2009 COMMUNITY SERVICE OFFICER RESPONSE
1.3.1 For Community Service Officer (CSO) the Municipality agrees to contract for a
total of hours in 2009 for CSO services at the hourly rate of $25.00 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 $75.00 which will be automatically invoiced
pursuant to Minn. Stat. Sec. 471.425.*
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 $731,551 to be paid on or before June 30, of the
current contract year. The Sheriff shall invoice the remaining one-half, or $731,551
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.
IN WITNESS THEREOF, the Municipality has caused this agreement to be executed by its
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Mayor and by the authority of its governing body on the
day of
,2008.
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 authOlity of the Board of County
Commissioners on the
day of
,2008.
APPROVED AS TO FORM:
Carver County Attomey/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 Sheliff's Office
City of Chanhassen 2009 Police Contract
The Sheriff's Office will:
. Provide 11 patrol deputies on January 1,2009 - December 31,2009.
Cost =
$ 925,539
. Provide 2 Patrol Corporals on January 1,2009 - December 31,2009.
Cost =
$172,508
. Provide 1 Investigator on January 1,2009 - December 31, 2009.
Cost =
$ 81,791
. Provide 1 Liaison Lieutenant on January 1,2009 - December 31,2009.
Cost =
$ 102,795
. Provide .33 School Resource Deputy on September 1, 2009 - December 31,2009.
Cost =
$ 26,555
. Provide 6 patrol vehicles on January 1,2009 - December 31,2009.
Cost =
$ 141,562
. Provide 1 investigator vehicle on January 1, 2009 - December 31, 2009.
Cost =
$ 4,474
. Provide 1 Liaison Lieutenant Vehicle January 1,2009 - December 31,2009.
Cost =
$ 5,575
. Provide .33 School Resource Deputy Vehicle on September 1, 2009 - December
31,2009.
Cost =
$ 2,303
Total 2009 Police Service Contract
$ 1,463,102
jde/ccso
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Note: FTE Deputies are Full Time Equivalent personnel 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 auto/?'zatically 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. 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.
The service levels under this agreement may be adjusted. Adjustments will be ,
dependent upon the availability of federal, state, county, city or other funds or if
the City decides to modify the service levels outlined in this contract. ; this
Agreement may be renegotiated at the discretion of the County and/or the City.
jde/ccso
2