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1f1 Approve Police ContractCITYOF CHANtlAS EN 7700 Market Boulevard PO Box 147 Chanhassen. MN 55317 Admlnlntratlon Phone: 952.227.1100 Fax: 952.227.1110 Building Impectlons Phone: 952227.1180 Fax: 952.227.1190 Englneedng Phone: 95222227.1160 Fax: 952.227.1170 Finance Phone: 952.227.1140 Fax: 952.227.1110 Park & Recrestlon Phone: 952.227.1120 Fax: 952.227.1110 Recreation Center 2310 CmJIter Boulevard Phone: 95222.227.1400 Fax:. 952.227.1404 Planning & Nntuml Re~our~s Phone: 952.227.1130 Fax: 952227.1110 Public Wo~ 1591 Park Road Phone: 952227.1300 Fax: 952.227.1310 Senior Center Phone: 952.227.1125 Fax:. 952227.1110 Web Site va,^,/.ci.chanhassen.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 Sheriff's 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 service in 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 fimding 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 Departmont. Attachments: Police Contract g:~dmin~okpolicecontra~ The City of Chanhanen · A growing commun!ty with clean lakes, quality schools, a charming downtovm, thriving businesses, winding trails, and-beauUful parks. A gmat place to live. work, and play. CONTRACT FOP. POLICE SERVI¢~_~ THIS AGREE~, made and entea~ into this 0,93 r. cd.d day of ]~e-c ' , 20o,79by and .. betw~ the County of Carver, through its Sheriff's Office (hereina/~, "County'9, and the Ci _W/Township of (~__~. nn ~ $ Se. ~ , (haminat~, Municipality'), and, oolleetively known as the "parties". WHEREAS, the Municipality desires to enter into a contract with the County whereby the County will provide law enforcement services within the boundaries of the Municipality, and the County agrees to render such services upon the terrng and conditions he -ina set orth; and WHEREAS, said contract is authorized by the pwvisions of Minnesota Statute Section 471.59, as amended; NOW, THF. REFORE, in consideration of the mutual covenants herein contained, it is ~ 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 he~qnai~ set forth below: · a) Law enforcement services to be provided by the County shall eneo~ 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 and/or Ocluipment as deemed necess~ by the c) The police services contemp~ hereby shall include routine patrolling and responding to police call~ within the Municipality, d) The manner in which such service is rendered, the standards of perfonnance~ discipline of officers, and all matters incident to the performance of such sex'vice or the control of personnel employed to render such service shall be and remain in the control of the Count~, e) In the event a dispute arises between the parties concerning the type of service to be rendero/, 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-assi~ment'of officers, types of pairol, level of service available/required); and f) The services contemplated he,by are scheduled police services which will 'be provided to the Municipality for the number ofcontmct~ hours reasonably anticipated, requir~ 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, equipme~. Or, the perforce of special details relating to law enforcement services. It shall also not include the enforcement of matters which are primarily administrative or regulatory in nature, i.e., zonin~ building code violations). . ARTICI.R H 1. OFF-DUTY, SPECIAL EVENT, OR SPF. CV. AL SERVICF~ If the Municipality desires additional services over and above the hours contracted for in this Agreement, the County's "Off-Duty" policy (attached hareto as Exhibit A) applies and the parties will need to execute a separate agreement for those s~'vices. The estimated rate (expense, payroll, vehicle, etc.) for any additional services for 2003 is'$50JlT/hour. ARTICLE III 1. COOPERATION AlVIONG PARTIN~ It is hereby agreed that the parties and all of their officea's, agcmts and employees shall nmd~ full cooperation and assistance to the each other, th~ officers, age~, and _emplo~ to facilitate the provision of the services contemplated hereim 1. PROVISION OF F_.~~~ 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 ~ he~qn. , LIABKiTY The Municipality does not assume any liability for the direct payment of any 'salaries, wages, or other compensation to personnel ~mployed by the County to p~form the services cont~nplated It is agreed that all personnel employed to rendar the services contemplated herein shall be employees of the County and the County shall be responsible for providing work. s compels, ation 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 of the 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 resul~ from such acts.. 3. INSLmANCE The County agrees that all ~ce 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. The term of this contract shall be January 1, 2003 to December 31, 2003. 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, 606 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 does not desire to enter int~ 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 (5') months prior to the expiration of the ~ 1. HOURS For pcrformb~g thc services contemplated herein, the Municipality agrees to contract f~ / ~/5'.2 ~ hours for the year 2003, and to pay the actual cost thereof. The estimated hourly rate for2003 is $50.17, foran estimated total yearly~ayment of$ ~7 ~/qT~. ,d-O . 2. PAYMENT One-half of the total amount due hermmder, or $ ~Z~ ~/~ o ~, is to be paid on or before · June 30, 2003, and the remaining one-hal~ or $ ~/3~/~/~'~'o ,2 © 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 after 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 pay to 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 within 60 days of receipt of notice from the County ofthe amount due. Ifthe Municipality cannot pay the full amount due within 60 days, payment must be made in two equal installments concurrent with the semi-annual payments due for 2004 police conlra6~s, or if the Municipality elects not to contract for thc following year,-thc payment shall still bc duc at such semi-annual periods. Payments not made within the 60 daytime period shall be subject to the statutory armual rate of interest on the balance due. In the event actual cost is less than the estimated hourly rate, the County shall retired to the Municipality the difference under the same terms and conditions stated above. IN ~SS ~OF, the Municipality has caused this agreement to be executed by its by the authority of its governing body adopted by Resolution numb~ clayof J")~ct'rmd.,-6'e'" . 2002. on the APPROVED AS TO FORM: Municipal Attorney/Date By Title Date IN WITNESS THEREOF, the County of Carver has caused thi~ Agreement to be executed by its Chair and attested by its Adminis~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 Commb~sioners Date ATTEST: Riclmrd Stolz Carver County Administrator Date Mark .Lundgnm Carver County Auditor Date Bud Olson Carver County Shm'iff Date Exh~.b/.t A CARVER COUNTY SHERIFF'S-OFFICE Procedure - Outside and Off-duty Employment and Special Law Enforcement Services. Total Pages: 2 .Revision Date: 5/2/96 I IIII I ! PURPOSE: To e~abHsh guidelines for outside and off-duty empl%vnent and special law enforcement services. .. METHOD: A. All off-duty employment that requires the use of offici~ powers as a CarVer County Deputy must be authorized and approved in advance 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 with the Sheriff's Office code of ethics or if the employment would bring discredit to the O/~ce.. The employee's' regular work schedule and any overtime assignments will take priority over any approved off-duty and outside emplo.wnent.. B. Contracted Services Approval: C. 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. .. Specific Order for Contracted Law Enforcement Service: When an officer is assigned to contracted police services, the following orders are provided to guide hi._~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 eoopm ~qth the individual who requested the service in ways which are consistent with the approved Office regulations and law. If the person requesting service requests that an officer perform a service that is not considered proper Sheriff's Office action or is not permitted by law or procedures, the officer shall inform the person that his/her request cannot be granted and explain why. 'Furthermore, the person requesting the service has no authority to issue orders to the officer. Consequently, the officer shall D, E. not receive any special privileges, i.e., gra~ifies, 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 between the person who requested thc special service and the officer shall be r~ferred immediately to thc shift supervisor for clarification. If the supervisor cannot resolve the problem, the matter is to be referred to the Commander, Chief Deputy or the Sheriff. . All lav,~ 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. Pa.~Tnent and Billing Procedures: 1. All payments for special law enforcement services will be made through the ' established County payroll procedures, including submission of overtime slips if appropriate. The officer performing the authorized work will be paid by the County at the appropriate rate and the County, in turn, will bill the cost incurred by the County. . Every' January ~e Carver Count)' Board will, by resolution and a.~r consulting with the Sherifg 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 Count3.' and SherifFs Office Policies, Procedure, Rules and Regulations.' Please contact Carver Countv Human resources with any questions. ..