1l. Approval of 1996 Police ContractCITY OF =
CHANHASSEN
690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317
(612) 937 -1900 0 FAX (612) 937 -5739
TO: Mayor and City Council
Don Ashworth, City Manager
FROM: Scott Harr, Public Safety Direct
L�
DATE: September 19, 1995
SUBJ: 1996 Police Contract
The purpose of this memo is to recommend
the City of Chanhasen and the Carver Couni
of police patrol hours that we have contract
we enter into the police contract between
eriff's Department for the same number
t ouring the past two years.
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The police contract between the City oltthanhassen Carver County has its basis in
history. Since the time that Chanhasn grew to a point (several thousand population) that
it was determined that at least a cer ` number of ho of police presence should be
' guaranteed, this has been done b k, 'ntracting with the ver County Sheriff's
Department. As the city grew , did the number of pole contract hours.
Approximately 10 year ego the City Council created the Police Advisory Commission
with its goal be review the status of police services iiithanhassen, and specifically to
determine whe t Bred, and if not then, when.
' It is interes Iaiili „ :pl a time that
a police depar not necessary, but that when the city reached a po on of ten
thousand (10,000) that it the time to consider a local pol' , nt.
' Chanhassen's population today is a l en , I SO
ANALYSIS
Everyone knows how pleased I am that the contract continues as well as it does. Frankly,
when I took over as Public Safety Director in 1990, I inherited... let's say "a challenge" as
far as the state of the contract went. Now, it is simply not an issue any longer and perhaps
some of the new council people are not even aware that the system was, at one time, a
highly charged political one.
MEMORANDUM
1996 Police Contract
September 19, 1995
Page 2
We do have an unusual & unique system here. Let me assure you, there is no place that
Bob Zydowsky or I go where other police professionals aren't genuinely surprised at this
arrangement, and wonder how in the world a city with our population can get by without
its own police department. We relish each opportunity to brag about our system.
There are many reasons that the police contract system works as well as it does here.
Above all, the cooperation between everyone involved, from city and county
administrators to the patrol officers working the road, are the most important. Because
finances remain a critical element of the equation (i.e., once the contract becomes as
expensive, or moreso, than having a police department, it might be time to reconsider), we
have continued to do everything we can to limit the contract costs. This has included
supporting the system with Community Service Officers, as well as taking the then bold
step of creating the position that Bob Zydowsky holds now. I have also taken the
opportunities to continue to develop the relationships Chanhassen has with other law
enforcement agencies, including the State Patrol, Drug Task Force, and DNR, in order to
be able to continue to rely on these organizations for additional no -cost assistance when
necessary. Finally, we have developed means by which to address specific problems in a
fiscally responsible manner, with the best example being the supplemental traffic
enforcement program by which we hire off ,duty officers to work specific traffic problems,
rather than simply continuing to add more expensive hours to the police contract.
So, why does such a unique system continue to work in a city that has grown to our size?
As I often relate it to, the system is sort of like the Chinese acrobat that spins plates on top
of sticks. It does take considerable juggling to keep the system in place to the point that
the occasional - wobbling plates don't fall. Perhaps the best testimony as to the balance
that continues to exist, is that at September's Public Safety Commission meeting, at which
the Sheriff's Department Administrator was in attendance to address the 1996 police
contract, from start to finish, a unanimous recommendation was reached in eight (8)
minutes.
RECOMMENDATION
It is with pride that staff recommends that the City of Chanhassen enter into the contract
with the Carver County Sheriff's Department for 32 hours of police coverage, per day, for
1996.
g.WdY1sh1pcont96
CONTRACT FOR POLICE SERVICES
THIS AGREEMENT, made and entered into this day of
' 19 , by and between the County of Carver,
t hereinafter referred to as the "County ", and the _.
of , hereinafter referred to as the
' .1unicipality ", 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.
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) 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.
3) 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.
4) 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.
5) The
term
of
this contract shall be January 1, 1996 to
December 31, 1996.
On or before August 15, 1996, the County or the Sheriff shall
notify the Municipality of the best estimate of the per hour rate
effective for the proposed 1997 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, 1996. Said
notice shall be in writing and shall be received by the Sheriff or
his designee at the Carver County Courthouse, 600 East Fourth
Street, Chaska, Minnesota 55318. Said notice must be received by
the Sheriff or his designee by October 1, 1996. 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.
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If the County or the Sheriff do not desire to re -enter into a
contract for police services for 1997, the Municipality shall 'be so
notified in writing six (6) months prior to the expiration of this
' contract.
' 6) 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.
7) For performing the services contemplated hereby, the
' Municipality agrees to contract for hours for the year
1996; and to pay the actual cost thereof. The estimated hourly
' rate for 1996 is to be $ 37.79 , for an estimated total
yearly payment of $ for the year 1996, one -half
' thereof ($ ) to be paid on or before June 30, 1996, and
' the remaining one -half ($ ) to be paid on or before
November 30, 1996, at which time 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).
' 8) As soon after the end of the year 1996 as reasonably
' practicable, the County will perform calculations to determine if
the estimated hourly rate of $ 37.79 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 $ 37.79 the Municipality will pay to the
County the difference between the estimated amount and actual cost;
if the actual cost is lower than $ 37.79 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 1998 police
contracts. However, payments made after the notification period
shall be subject to 6 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 1997, the actual costs for 1996 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 , 19
MUNICIPALITY:
By
By
Dated
COUNTY OF CARVER:
BY
James Hoese, Chair of the Board
ATTEST:
Richard Stolz, County Administrator
SHERIFF OF THE COUNTY OF CARVER
Al Wallin, Sheriff
Dated:
VA