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3a Contract for Police ServicesCEYOF CHAI SEN 7700 Market Boul~ PO Box 147 Chanhassen. MN 5531 Admlnl~ratlon Phon~ 952.227.1100 Fax: 952.227.1110 Building Inspections Phon~ 952.227.1180 Fax:. 952.221.1190 Engineering Phone: 952.227.1160 Fax: 952.227.1170 Finance Phone: 952.227.1140 Fax: 952.227.1110 Park & Recraatlon 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 PubllcWorks 1591 Park Road Phone: 952.227.1300 Fax: 952.227.1310 Senior Center Phone: 952.227.1125 Fax: 952.227.1110 Web Site ~,~,~;,.ci.~n nassen.mn.us TO: Mayor and City Council FROM: Todd Gerhardt, City Manager DATE: March 19, 2003 SUB J: Consider Approval of Police Services Contract with Carver County Attached you will find the Contract for Police Services with Carver County SheriWs Department. The hourly rate for 2003 is $50.17 (a 2.8% increase over the 2002 rate of $48.83. Under this contract, the city is agreeing to pay for 17,520 hours of patrol servicein 2003. This is the same number of hours that the city has contracted for since 1997. The cost of the contract is $878,978.40. The funding source for this contract comes from the general fund and was part of the 2003 general levy. RECOMMENDATION Staff recommends approval of the attached 2003 Police Service Contract with Carver County and Carver County Sheriff's ~L ATTACHMENTS 1. Police Contract UPDATE (4-3-03) Justin prepared two excellent comparison reports of the "Sergeant's Pay vs. Deputy's Pay" and "Police Contract Comparison of 2002 vs. 2003." The analysis shows the sergeant's pay increased 7.93% vs. a deputy's increase of 3.73%. This is the reason you see the percentage difference between the two contracts. g:~lmin~tgXpolicccontract The City of Chanhassen, A growing commbr}!¥',,;itn cmn lak~. o.:.ality schools, a charming downtown, thriving businesses. ,,',,inding trails, and beautiM parks. A grot place tc :ire...','~rk. and p;ay. CONTRACT FOR POLICE SERVICES THIS AGREEMENT, made and eatex~ into this ~,73 ~ day of ]~¢~ , 200,~by and .. between the County of Carver, through its SherifFs Office ~, "County"), and the Ci_ty/Townshipof O__~.~n ~l$$e.G ,(her~m/~,Mtmicipality"),and, collectively known as the "parties". WttEREAS, the Municipality desires to enter into a contract with the County whereby the County will provide law enfomement services within the boundaries of the Municipality;, and WHEREAS, the County agrees to reader such services upon the terrng and ~onditiom hereinafl~ set forth; and WHEREAS, said contract is authorized by the provisions of Minnesota Statute Section 471.59, as amended; NOW, THEREFORE, in consideration of the mutual covenants hexein contained, it is agreed between the parties as follows: ARTICLE I 1. SERVICES The County agrees to provide police protection within the corporate limits Of the Municipality to the extent and in the manner hereimffier set forth below: a) Law enforcement services to be provided by the County shall encompass those duties and functions, which are the type normally, coming within the jurisdiction of and customarily rendered by the Carver County Sheriff's Office under the applicable statutes of the State of Minnesota; b) The Municipality shall receive police services to be provided by such personnel as may be assigned by the County using such vehicles ~-,d/or uipm ,~ domed necessary by the c) Thc police services contemplated hereby shall include routine patrolling and responding to police call~ within the Municipality;, d) Thc manner in which such service is rendered, the standards of performance, discipline of officers, and all matters incident to thc performance of such service or thc control of personnel employed to render such service shall be and remain in thc control of thc Count~, c) In thc event a dispute arises between the parties concerning thc type of service to be rendered, the level thereof, or the manner in which such service is provided, the County shall retain sole jurisdiction in determining a solution to said dispute; (i.e., re-assignment'of officers, types of patrol, level of service available/required); and f) The services contemplated hereby are scheduled police services which will be '" provided to the Municipality for the number ofcontracted~ ~~iyanficipated, required, or requested. It shall not include situations in which, in the opinion of the County, a police emergency occurs which requires a different use of the officer, patrol vehicle, equipmenh. Or, the p~rformance of special details relating to law enforcement sm'vices. It shall also not include the enforcement of mattem which are primarily administxafive or regulatory in nature, i.e., zoning, building code violations). .' . A rXCL a 1. OFF-DUTY, SPECIAL EVENT, OR SPF. LXAL SERVICF.3 If the Municipality desires additional servi~ over and above the hours contracted for in thia Agreement, the County's "Off-Duty" policy (attaohed he.to as Exhibit A) applies and the parties will need to execute a separate agreement for those services. The estimated rate (expense, payroll, vehicle, etc.) for any additional services for 2003 is'$50J17/hour. ..~CT.~ Trr 1. COOPERATION AMONG PARTIES It is hereby agreed that the parties and all of their office~, agents and employees shall render full cooperation and assistance to the each other, th~ officers, agents, and _emplo~ to facilitate the provision of the services contemplated herein. 1. PROVISION OF BQUIPMBNT It is agreed that the County shall provide all necessary labor, sup~sion, equipment, dispatching, and necessary supplies to maintain and provide the police services to be ~ h~-'in. Thc Municipality does not assume any liability for the direct payment of any'salves, wages, or other compensation to personnel _employed by the County to perform the services contemplated hereim It is agreed that all personnel employed to render the services contemplated herein 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. The parties shall not be deemed to assume liability for any intentional or negligent acts ofthe other. Each party agrees that it will hold the other harmless from and shall defend its officers, agents · and employees against any claim for damages resulting from such acts.. 3. INS~CE The County agrees that all insurance required to adequately cover vehicles, personnel and equipment used by the County in the provision of the services contemplated herein will be provided by the County at its own expense. 1. TERM The term of this contract shall be January 1, 2003 to December 31, 2003. 2. RATE On or before August 15, 2002, the County shall notify the Municipality of the best estimate of the per hour rate effective for the proposed 2003 contracts. 3. NOTICE The Municipality shall notify the County of its intention to contract for police services no later than October 15, 2002. Said notice shall be in writing and shall be received by the County at the Office of the Sheriff', Carver County Government Center, Justice Center Building, 506 East Fourth Street, Chaska, Minnesota 55318-2102. In the event the Municipality shall fail to give notice as required herein, the CoUnty shall' conclusively presume that said Municipality d~es not desire to enter into an agreement with the - County for police services. If the County does .not desire to enter into a contract for police services for 2003, the Municipality shall be so notified in writing six (6) months prior to the expiration of the current 1. HOURS For performing the services contemplated herei~ thc Municipality agrees to contract for / ~/5',2 £, hours for thc year 2003, and to pay the actual cost thereof. The estimated hourly rate for 2003 is$fi0.17, for an estimated total yearly ~ayment of $ $ -~ ~y ~-]~-- '~'~ . · · 2. PAYMENT One. half of tho total amount due hereunder, or $ ~, ~, ~, is to bo paid on or bofore June 30, 2003, and the remaining one-half, or $ ~ ~//~'~'o ~2 O is to be paid on or before November 30, 2003. . The Municipality shall receive credit for its share Of any benefit to which it may become entitled pursuant to Minnesota Statutes 69.011,as amended. As soon af~ the end of the year 2003, as reasonably practicable, the County shall perform calculations to determine if the estimated hourly rate for 2003 reflects the actual cost of hourly service. The County shall promptly notify the Municipality of said actual cost, and if the actual cost is higher the Municipality shall payto the County the difference between, the estimated amount and actual cost If the actual cost is lower, the County shall refund to the Municipality said difference. In the event the actual cost exceeds the estimated hourly rate, the Municipality shall pay the difference withi~ 60 days of receipt of notice from the County ofthe amount due. If the Municipality cannot pay the full amount due within 60 days, payment must be made in two equal {nstaHments -. concurrent with the semi-annual payments due for 2004 police eontm~, or if the Municipality elects not to contract for the following year,, the payment shall still be due at such semi-annual periods. Payments not made within the 60 daytime period shall be subject to the stattrto~ ammal rate of interest on the balance due. In the event actual cost is less than the estimated hourly rate, the County shall refund to the Municipality the difference under the same terms and conditions stated above. IN WITNESS THEREOF, the Municipality has eaus~ this agreement to be executed by its by the authority of its governing body adopted by Re~olution number dayof .]")~cerm~.-e'r' , 2002. on the APPROVED AS TO FORM: Municipal Attorney/Date By Title Date IN WITNESS THEREOF, the County of Carver has caused this Agreement to be executed by its Chair and attested by its Admini~r pursuant to the authority of the Board of County Commissioners by Resolution number duly adopted on the day of ,2002. APPROVED AS TO FORM: Carver County Attorney/Date COUNTY OF CARVER: By Carver County Board of Commlnsioners Date ATTEST: Richard Stolz Carver County Administrator Date Mark Lundgr~ Carver County Auditor Date Bud Olson Carver County Sheriff Date Exhibit A CARVER COUNTY SHERIFF'S-OFFICE Procedure- Outside and Off-duty Employment and Special Law Enforcement Services. i ill , Total Pages: 2 Revision Date: 5/2/96 II I I I I I PURPOSE: To establish guidelines for outside and off-duty emplo.wnent and special law enforcement services. .. ME'I~OD: Ao All off-duty employment tha~ requires the use of official powers as a Cz.Wer County Deputy must be authorized and approved in ~ by the Sheriff or his designee. Employees requesting permission to 'engage in outside employment that does not require the use of official police powers must submit, in writing, a request for permission to engage in outside employment prior to undertaking that activity. No request will be approved if the proposed outside employment is inconsistent wi*.h the Sheriff's Office code of ethics or if the employment would bring discredit to the Office.. The employee's' regular work schedule and any overtime assi,~o~rnents will take priority over any approved off-duty and outside emplo,,nxtent.. B. Contracted Services Approval: All requests for contracted Sheriff's Office 'services will be approve by the Sheriff, Chief Deputy or designee. Approved contracted, services will be posted and filled in the same manner as other assignments. C. Specific Order for Contracted La~v Enforcement Service: When an officer is assigned to contracted police services, the following orders are. provided to guide his/her actions: The deputies who are assigned to the special law enforcement work are working for Carver County, not the individual who requested the special service. As a result, the supervisor on duty. is responsible for providing supervision of the officer's actions while he/she is assigned the special law enforcement duties. The officers on duty shall govern all aspects of their actions and shall be held responsible for their actions and conduct as on-duty officers. . The officers who are assigned special law enforcement services are to cooperate with the individual who requested the service in ways which are consistent with the approved Office regulations'and law. /.fthe person requesting' service requests that an officer perform a service tl~ is not considered proper Sheriff's Office action or is not permitted by law or procedures, the officer shall inform the person tha~ his/her request cannot be granted and explain why. Furthermore, the person requ~ the service has no authority to issue orders to the officer. Consequently, the officer shall Do E, not receive any special pri~;ileges, i.e., gratuities, additional compensation, special' discounts, etc. . The officer who is assigned to special law enforcement duties is not to perform duties other than law enforcement work. That is, he/she is not to act as a door person or provide non-police services. Any disagreement ~n the person who requ~ the special service and the officer shall be referred immediately to the shift supervisor for clarification. If the supervisor cannot resolve the probl~n, the matter is to be referred to the Commander, Chief Deputy or the Sheriff. , All law~ and ordinances must be enforced consistent with Office policies.. In addition, the officer must observe the procedural law for offenses committed in the presence of an officer. PayTnent and Billing Procedures: 1. All payments for special law enforcement services will be made through the ~lished County payroll procedures, including submission of ovextime slips if appropriate. The officer performing the authorized work will be paid by the County at thc appropriat~ rate and thc County, in mm, will bill thc cost incurred by thc Count.'. . Every January the Carver Count)' Board will, by. resolution and a~r consulting with the Sheriff, establish the rates to be charged to anyone contracting with the County. for special law enforcement services during that calendar year. This procedure is to be used in conjunction with all relevant existing Count).. and Sheriff's Office Policies, Procedure, Rules and Regulations.' Please contact Carver County Human resources with any questions. · . Il Sergeant Salary OT PERA Hear(h Dental LEe Medicare Work Comp Long TermDisability Longevity Uniform Deputy Salary OT PERA Health Dental Life Medicare Work Comp Long TermDisability Longevity Uniform Sergeant and Deputy Pay 2002 vs. 2003 2002 2003 % Increase $54,906 $59,382 8.15% $2,000 $2,000 0.00% $5,292 $5,985 13.10% $8,145 $8,576 5.29% $825 $933 13.09% $973 $1,1 00 13.05% $415 $348 -16.14% $2,745 $2,969 8.16% $.5.50 $575 4.55% $75,851.00 $81,868.48 7.93% 2OO2 $ 49,405 $ 1,423 $ 5,656 $ 9,259 $ 2,944 $ 407 $ 2,120 $ 550 $ 71,764 2OO3 $ 51,302 3.84% $ 2,257 58.61% $ 5,874 3.85% $ 8,652 -8.59% 3,057 3.84% 425 4.42% 2,298 8.40% 575 4.55% 74,44o 3,73% Police Contract Comparison 2002 vs. 2003 Total hours for contract comm (est) Hours per deputy # deputies needed for contract Actual contract hours used by comm (actual) 'Hours per deputy # deputies needed for contract Total Employees Deputy Sheriff Cost * deputies needed Total Deputies Cost Annual cost of 5.0 sergeants total annual shifts day shifts on weekends except holidays weekend day shifts as percentage of total shifts Contract deputies as a percentage of total deputies Evening and night shift as percentage of total shifts Contract deputies as a percentage of total deputies -a cost of day shifts on weekends except holidays cost of evening, night shifts on weekdays, weekends, holidays Total Shift Supervision Payroll/Account Clerk Secretarial Work by Records Coordinator Personnel related work by Adm. Asst. Dept. Supervision by Chief Deputy Supplies Total Dept. Overhead County Overhead Training Cost Total annual cost for contract earvlce Per hour personnel colt Per hour personnel cost for contract service Vehicle cost of patrol per hour 2002 31112 1900 16.37 31112 1900 16.37 138 71764 16.37 1,175,117 413,785 1095 248 22.65% 56% 77% 4O% 52,916 127,831 180,747 4,089 4,865 3,527 11,726 17,723 41,930 34,119 16,996 20O3 31299 1900 16.47 31299 1900 16.47 140 7~.~.~.0 16.47 1,226,262 430,125 1095 248 23% 48% 77% 38% 47,199 127,460 174,658 5,036 5,534 3,964 13,342 21,094 48,990 16,567 28,737 1,49S,234 47.77 2.40 O.6% 0.0% 0.6% 0.6% 0.0% 0.6% 1.4% 3.7% 0.6% 4.4% 3.9% 0.0% 0.0% 0.0% -14.2% 0.9% -4.1% -10.8% -0.3% -3.4% 23.2% 13.6% 13.0% 13.6% 19.9% 16.6% -51.4% 69.1% Flnsl Rate $ 48.84 $ 50.17 2.7%