1n. 1996 Police Contract.7
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MEMORANDUM
CITY OF
CHANHASSEN
690 COULTER DRIVE • P.O. BOX 147 0 CHANHASSEN, MINNESOTA 55317
(612) 937 -1900 • FAX (612) 937 -5739
Action by City A-4m
TO: Mayor & City Council
Don Ashworth, City Manager
FROM: Scott Harr, Public Safety Director
Endorsed ✓ T,) WA -
Modified
Rejected --
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Dat
Date Submitted to Comm1sSIN
Date c `-' t' =d to Council
DATE: October 9, 1996
SUBJ: 1997 Police Contract with Carver County
Attached please find the contract submitted to us by the Carver County Sheriff's Department for
' police services for next year. The Public Safety Commission has reviewed this and endorses our
contracting for 32 hours of patrol coverage per day, which is the same number of hours we have
contracted for during the past three years. Along with schedules being coordinated with Bob
Zvdowsky's and my hours, this provides us with the basic coverage of two officers available per
shift throughout the majority of each 24 hour time period.
' Councilman Mark Senn has suggested that we include a 120 day right to cancel clause in the
1997 contract in light of occurrences at Carver County. I believe his concern is that Chanhassen
not be locked into such an important commitment for a full year should things, for whatever
reason, become unworkable. This is a similar position to what the Public Safety Commission
' took at their October meeting in tabling making a decision on joining Carver County in the
"Clinton Cop" position. All of us are anxious to see what occurs at the Carver County level.
STAFF RECOMMENDATION That the City of Chanhassen enter into the public
contract with Carver County for 32 hours of police coverage per day, and that the council
consider the 120 day clause.
SH:cd
\safety\sh \97cont
CONTRACT FOR POLICE SERVICES
THIS AGREEMENT, made and entered into this day of
, 19 , by and between the County of Carver,
hereinafter referred to as the "County ", and the
of , hereinafter referred to as the
"Municipality ", and Al Wallin, Carver County Sheriff, hereinafter
referred to as the "Sheriff".
WITNESSETH;
WHEREAS, the Municipality desires to enter into a contract
with the County and the Sheriff whereby the County, through its
Sheriff's Department, would provide law enforcement services within
the boundaries of the Municipality; and
WHEREAS, the County and the Sheriff agree to render such
services upon the terms and conditions hereinafter set forth; and
WHEREAS, such contracts are authorized by the provisions of
Minnesota Statutes 471.59, and the 1961 Session Laws Chapter 693.
NOW, THEREFORE, in consideration of the mutual covenants
herein contained, it is agreed between the parties as follows:
1) The County agrees, through the office of the Sheriff of
the County, to provide police protection within the corporate
limits of the Municipality to the extent and in the manner
hereinafter set forth.
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Except as otherwise specifically provided herein, the service
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 Sheriff under the
applicable statutes of the State of Minnesota.
It is agreed that the Municipality shall receive police
protection to be provided by such personnel as may be assigned by
the Sheriff using such vehicles as the Sheriff, in his discretion,
shall deem necessary. The police protection contemplated hereby
shall include patrolling and answering police calls within the
Municipality. The manner in which such service is rendered, the
standards of performance, discipline of officers and 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 County through its Sheriff's Department. In the event a
dispute arises between the parties concerning the services to be
rendered hereunder, the level thereof or the manner in which such
service is provided, the Sheriff of the County shall determine such
dispute and it shall be conclusive and binding on the parties
hereto.
The services contemplated hereby are scheduled police services
which will, in fact, be provided to the Municipality for the number
of contracted hours reasonably anticipated and required. It shall
not include situations in which, in the opinion of the Sheriff, a
police emergency occurs which requires a different use
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of the officer and /or the patrol vehicle, performance of special
details relating to the law enforcement service, and the
enforcement of State statutes and the municipal ordinance which are
of a criminal nature or involve the keeping of the peace. It shall
not include the enforcement of Municipal ordinances with regard to
zoning ordinances, building codes or such other matters which are
primarily regulatory in nature.
2) Off -Duty, Special Event, or Special Services This
contract covers regular on -duty services to be performed for the
city or township of If you desire
additional services over and above the hours contracated for in
this agreement, the Carver County Sheriff's Department "off- Duty"
policy will apply and the parties will need to execute a separate
agreement for those services. The estimated rate (expense.
payroll, vehicle, etc,) for additional services for 1997 will be
$38.98 (or) may be dependant upon the type of service requested.
3) It is hereby agreed that the Municipality and all of its
officers, agents and employees shall render full cooperation and
assistance to the County and the Sheriff to facilitate the
provision of the services contemplated hereby.
4) It is agreed that the County shall provide all necessary
labor, supervision, equipment, communications facilities,
dispatching and necessary supplies to maintain and provide the
police service to be rendered hereunder.
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5) The Municipality does not assume any liability for the
direct payment of any salaries, wages, or other compensation to
personnel employed by the County to perform the services
' contemplated hereby, nor does it assume any other liability other
than that provided for in this Agreement.
' It is agreed that all personnel employed to render the
services contemplated hereby shall be employees of the County and
that the County shall therefore be responsible for providing
' worker's compensation insurance and all other benefits to which
such personnel shall become entitled by reason of their contract
with the County entered into through its collective bargaining
' unit.
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.
' 6) The term of this contract shall be January 1, 1997 to
December 31, 1997.
I On or before August 15, 1997, the County or the Sheriff shall
notify the Municipality of the best estimate of the per hour rate
' effective for the proposed 1998 contracts.
The Municipality shall then determine whether or not it
desires to re -enter into a contract for police services for the
' following year. In either case, the Municipality shall notify the
County of its intention not later than October 1, 1997. Said
' notice shall be in writing and shall be received by the Sheriff or
his designee at the Carver County Government Center, Justice Center
Building, 600 East Fourth Street, Chaska, Minnesota. 55318 -2190.
Said notice must be received by the Sheriff or his designee by
October 1, 1997. In the event the Municipality shall fail to give
notice as required hereby, the County and the Sheriff shall
conclusively presume that said Municipality desires to extend the
agreement at the estimated hourly rate specified in the notice
given by the County.
If the County or the Sheriff do not desire to re -enter into a
contract for police services for 1998, the Municipality shall be so
notified in writing six (6) months prior to the expiration of this
contract.
7) The county, its officers and employees and the Sheriff
shall not be deemed to assume liability for any intentional or
negligent acts of the Municipality. The Municipality agrees that
it will hold the County and the Sheriff harmless from and shall
defend its officers, agents and employees against any claim for
damages resulting from such acts.
8) For
performing the services
contemplated
hereby,
the
Municipality
agrees to contract for
hours
for the
year
1997, and to pay the actual cost thereof. The estimated hourly
rate for 1997 is to be $ 38.98 , for an estimated total yearly
payment of $ for the year 1997, one -half thereof
($ ) to be paid on or before June 30, 1997, and the
remaining one -half ($ ) to be paid on or before
November 30, 1997, at which time the Municipality shall receive
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credit for its share of any benefit to which it may become entitled
pursuant to Minnesota Statutes 69.011 (as amended).
9) As soon after the end of the year 1997 as reasonably
practicable, the County will perform calculations to determine if
the estimated hourly rate of $ 38.98 reflects the actual cost
of hourly service. The County will promptly notify the
Municipality of said actual costs, and thereupon, if the actual
cost is higher than $ 38.98 the Municipality will pay to the
County the difference between the estimated amount and actual cost;
if the actual cost is lower than $ 38.98 the County will
refund to the Municipality said difference.
In the event actual cost exceeds the estimated hourly rate,
the Municipality may pay the difference within 60 days of receipt
of notice from the County of the amount due. If the Municipality
cannot pay the amount due in full within 60 days after
notification, payment must be made in full, or in two installments
concurrent with the semiannual payments due for 1999 police
contracts. However, payments made after the notification period
shall be subject to 6o 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 in the preceding
paragraph.
However, if either party gives proper notice to cancel police
services for 1998, the actual costs for 1997 police services shall
be subject to the recapture provisions above.
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IN WITNESS THEREOF, the Municipality has caused this agreement
to be executed by its and its
by the authority of its governing body adopted by Resolution on the
day of , and 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 by Resolution duly adopted on the
day of 1 lg
MUNICIPALITY:
By
By
Dated
COUNTY OF CARVER:
BY
Ursula Dimler, Chair of the Board
ATTEST:
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Mark Lundgren, County Auditor
SHERIFF OF THE COUNTY OF CARVER
Al Wallin, Sheriff
Dated:
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