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1m. Approve 1995 Police ContractC ITY OF /� CHANHASSEN 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 (612) 937 -1900 • FAX (612) 937 -5739 MEMORANDUM TO: Mayor Don Chmiel & City Council City Manager, Don Ashworth FROM: Scott Harr, Public Safety Director DATE: August 15, 1994 t SUBJ: 1995 Police Contract This memo is to recommend that we continue contracting for the same number of hours of police service with the Carver County Sheriff's Department that we have had for the last two years. Carver County requests that we provide them with the contract as soon as possible so that they i are able to make their personnel plans, and this allows Chanhassen to make a determination on this aspect of our budget for the upcoming year as well. BACKGROUND Attached please find my July 21, 1994, memo to the Public Safety Commission regarding the 1995 Police Contract, which includes 'a listing of past contract hours as they relate to population figures. In addition to population, we consider factors such as crime statistics, additional street mileage, requests for service from the public, subjective input from law enforcement personnel ' and projected growth (including both residential growth and commercial businesses that will opening that will attract traffic and potential police - related activity). ANALYSIS Our mission is to provide adequate police coverage while purchasing the least number of police contract hours in order to maintain the budget. While population continues to soar, we successfully remained at 32 hours of police contract coverage per day during 1993 & 1994 (and, these figures reflect only a four hour per day increase from the 28 hours a day we contracted for in 1991 & 1992). This is something Chanhassen can be proud of, as we are maximizing the type of relationship in government that the Governor's encouraging. The reason we are able to limit the number of police contract hours is because of how we supplement the system with our Community Service Officer Program. While we do need coverage by sworn law enforcement officers (at a rate of $36.79 an hour in 1995 with Carver i ,r Memo Re: 1995 Police Contract August 15, 1994 ' Page 2 ' County), I use $8.00 per hour Chanhassen Community Service Officers whenever possible. The example that continues to best explain this is that while a sworn police officer would be required to respond to, investigate & report on a car accident, our Community Service Officer is capable of assisting with traffic control and first aid. In fact, our CSOs play an important part in maintaining the system by carrying out the many details that do not require the more expensive police officer, but are necessary nonetheless. I F_ LJ 1 0 The size and population of Chanhassen, the number of police calls and officer safety considerations are factors that have caused the Public Safety Commission, Carver County Sheriff's Department and myself to reach a consensus that two law enforcement officers per shift is the desired number. While the current 32 hours of police contract time per day assures us of having one police officer dedicated to Chanhassen around the clock, with an additional officer being assigned during the busier times, Bob Zydowsky and myself are available during times that only one deputy is contracted for. In addition, by having the State Patrol and other law enforcement agencies frequently in Chanhassen at City Hall, together with mutual aid agreements with adjoining communities, 32 hours per day of police coverage is meeting our needs. At the August 11, 1994, Public Safety Commission meeting, the members concurred after hearing from Patrol Captain Ron Holt, and endorsed maintaining 32 hours of police contract time in 1995. Prior to this meeting, after discussing plans with the City Manager, I met to examine this issue with Sheriff Wallin, Chief Deputy Castleberry and Operations Captain Ron Holt, and everyone agreed that while the police service level is adequate now, a responsible investment by the City would be to establish a crime prevention program to help maintain the crime rate at the present low level that permits us to purchase the few number of police contract hours we do. The deputies that have helped with crime prevention here in the past are now 100 +% involved with the D.A.R.E. program and simply do not have time to commit to other crime prevention efforts. We have used CSOs to provide limited crime prevention services, but they are so committed to providing animal control services to the six cities, as well as carrying out their various other assignments, that they do not have the time to devote to crime prevention that is needed. Presently, as requests of us to provide crime prevention increases, the time we have to devote to it has decreased. As the Public Safety Commission put it, there is a window of opportunity to firmly establish a crime prevention program in Chanhassen now. Police coverage is sufficient, and crime rates are low. But with the population, together with commercial growth, expanding as it is, criminal activity will inevitably increase. Are we dealing with this aspect of a growing community? No. Not only will a formal crime prevention program help deal with this in a pro- active manner, but the Commission has recommended that such a position be termed "public safety education ", in order to continue to emphasize the overall safety considerations that have remained a priority for Memo Re: 1995 Police Contract August 15, 1994 Page 3 the City of Chanhassen over the years. I plan to make a presentation on this concept during the ' 1995 budget process, and the Council should know that maintaining the police contract hours we have is not contingent on any future crime prevention programming. ' RECOMMENDATION The Public Safety Commission, the Carver County Sheriff's Department and the Public Safety Director recommend that the Chanhassen City Council agree to contract with Carver County to purchase 32 hours of police contract hours for 1995. g:\safet y\shV 5cont.sav � i t CITY OF CHANHASSZN 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 (612) 937 -1900 • FAX (612) 937 -5739 TO: Public Safety Commission FROM: Scott Harr, Public Safety Director DATE: August 1, 1994 SUBJ: 1995 Police Contract Attached please find material submitted to me by Sheriff Wallin, which shows an estimated hourly rate of $36.79, as compared with the $35.86 hourly estimate for last year (which, as the sheriff states, is a .0259 1 7c increase or a $.93 cent per hour increase). If the City of Chanhassen were to remain at 32 hours of police patrol contract service per day, the increase for 1995 would be $10,862.40. We have remained at 32 hours for 1993 & 1994. For a comparison, following are the number of contract hours compared to population: YEAR POPULATION CONTRACT HOURS 1970 5,054 -0- 1980 6,351 17 1990 11,732 24 1991 12,124 28 1992 12,728 28 1993 13,414 32 1994 14,000 32 1995 14,500 (est) - -- MEMORANDUM Memo Re: Police Contract Page 2 1 I plan to have met with the City Manager and Sheriff prior to the next Public Safety Commission meeting, and will report to you on the results of our discussion. Also attached is an article from I the April 17, 1994 Star Tribune. gAsa(ety \sh \I "5poco.mrm i f, idds of becoming a victim 't bet on it. While some areas of Minneapolis, St Paul and the suburbs are experiencing crime problems, chances of being murdered or assaulted with a weapon are remote in most places For a much more frequent crime such as burglary, the odds of being a victim have actually declined in many places. etro area crime mparing ttie average annual odds of'being a victim of crime In 20 metro -area communities Assault Assault Murder Assault' with a gun Burglary Murder Assault' with a gun Burglary Apple 1 in 0 1 in 1 in 1 in 2,232 1 in M e t in Eden ° You will be Injured in a bath or 1 in ao 000 mower ■ ch cry the news , p ea gathered figures for 1 in t in ° 1 in 1 in ° 1 in 1 rn ° 1 in 1 in Valley 62, 7,826 1.845 31,305 7.148 53 103 Prairie 0 0 4,796 1.253 23,980 6.105 68 155 Maple 1 in tin 1 in 1 in 1 in 1 in 1 in 1 in Bloomington 1 in 1 in 1 in 1 in t in 1 In 1 in tin Grove 19.030 189.575 6,343 2.230 7,612 8.242 66 96 700.465 107.678 3.556 1.241 9,346 5.982 69 105 1 in l in nsville 1 in tin 1 in tin 1 in 1 in tin Shakopee 0 1 in 1 in 1 in 1 in 1 in 1 In 135,470 252.264 3,661 2.358 6,451 7.883 50 94 44.510 5.564 656 14.837 5 369 124 78 1 in 1 in t in 1 in 1 in 1 in 1 in o 1 in 1 in c 1 in tin c 1 in 1 in c 1 in t in Ma ewood P 1 32,820 0 4,151 986 11,068 5.529 53 62 St. Paul 77492 14.332 520 210 1.320 798 38 34 1 in 1 in Eagan 7 - in 1 in 1 in tin 1 in tin Columbia "tin 1 in " 1 in tin ' 1 in 1 in •tin r 1 In 36,315 77.045 5,587 1.541 10,376 7.7045 60 94 Heights 22.150 38.105 4.027 693 6.329 3.942 33 52 oklyn 1 in 1 in 1 in 1 in 1 in t in 1 in t in Minneapolis t in 1 in 1 in 1 in t in t in t in ` t in Park 768,430166.067 2,441 313 5. 104 7.727 33 36 10.714 6.356 446 213 1.229 750 22 21 Chanhassen 0 0 1 to 1 in 1 in 1 in 1 in 1 in Coon " c i n. 0 " 1 rn o 1 in " 1 in o 1 in " 1 in o 1 in 9.290 4.530 3,935 22.647 131 361 Rapids 42.962 2.986 1.451 6.399 5.114 42 62 n Edina t to n i t tin 1 n t in n i 1 t m V,7ROdbcld 1 in 1 ,n t in n 1 in t i tin 1 m 113,53023 5.76,16 0 3.397 1 13.586 - 5 96 22.740 Q 3 2 9,096 8.388 8 34 48 etonka 1 ,n 1 ,n 1 in t in 1 in 1 n I n t o I n 1 f1 1 in 1 in 1 in 1 in 1 in 1 in 30,701119.91511,513 2.221 26,315 14 1 (D 55 94 219.120 71.526 2.705 664 6,848 3765 73 53 St. Louis t in 1 in 1 in tin 1 in 1 in 1 In 1 °'. Roseville t .n t n 1 in t .n t in t "n 1 in t .n Park 46.196 109.336 4.442 1.036 9.625 6.248 46 103 177 150 56 153 5.905 1 604 14763 6.866 90 86 'Won a weappn of Some k ' " No 1972 data c No 1974 aaa r No 1990 data No 1972 or 74aa:a. o Ne , 9setlata No 99, n 92 Odds and ends / n the next 12 months . chances are How the odds - - -- - ANOf(A -- -- -- 1 in 685,000 - • -' 1 in 2,232 calculated C0 Y will be nlured by lightning You will be Injured in a bath or 1 in ao 000 mower ■ ch cry the news , p ea gathered figures for - Coon v,x: will die ,n 'ire 1 in 460 is ed crimes for five -year Rapids 1 in 12,500 You wit' . reCe�'�e a di OI 9 Periods to avoid drawing You will see an unidentified flying skin cancer . conclusions from a single year not representative. object 1 In 200 R v victim R viq,milation ror murder 1 in 7,874 There will be a fire in your autts were determined t You will comma suicide home. bg the average number of resident ts by the average Brooklyn 1 in 6,000 1 in 119 number of crimes over five -., Maple Park Your child will be injured in a You will die years Odds of being _ Grove highchair accident bu 1 " , razed were calcula,ed by 1 in 100 01 the ave e number or 1 in 3,623 9 9 You will be audited by the IRS. ho olds by the average -.. - Ynu will be d ,owing the lawn - u of burglaries Odtls do source - . "Nn,ar me Coos Are - not take into account Idesye _ 'actors that could increase or - -- _, - - -- _I decrease your chances of being Cc}ItRnbia Meights -� v ■ nneapons neighbor 1 -- - f- - _� - -- In burglary odds were -- - ca aced using a five- year a� ' average of residential units r Roseville U ■ Paul me ne ws sta paper Maplewood O re c eo Poi "gra" nsnos ^ p m� graphic a eas that a imae SI Paul neighbor of being burglanze St. Paul U I Odds C ^, - i`.. -_ Minneapolis ' 1 were determined by dividing tre five -year average by the number, of j�J enu rns al u in each St. Louis LL�� in counted in the �'� Park t ensus. \ -r -- -- _ Sour r "f,nnxo;a P^oacmem _ �" - _ _ _ _ _ _ _ a,mo., Samr, +ee'rar Wood u s C:�cs a� ear Minnetonka - bu ry ( -- - - - - - - - - - 1 -- -- -- - Edina Lw \- - --' j Chanhassen -- - Richfield y- -- - -- - -1 - -- - U Eden ) Cc w Prairie - Bloomington Eagan HENNEPINCO. Shakopee I Burnsville 1 a i 0 Apple 0 1 ao Valley glance at crime in the Twin Cities s of being a victim of residential, burglary in a given year rlfleapoll8 (1988 -93) Excluding 1990 figures, which are not available. St. Paul (1989 -93) Eg © 2 © E) D ® m m Rlential burglary tin 16 t in 25 1 in 57 1 in 57 tin 8 1 .n ' 13 1 in 427 in 32 , 1 in 55 , 1 19 Sunday /April 17/1994/Star Tribune MINUTES PUBLIC SAFETY COMMISSION MEETING AUGUST 11, 1994 COMMISSIONERS PRESENT: Mayor Don Chmiel, Eldon Berkland, Bill Bernhjelm, Dave Dummer COMMISSIONERS ABSENT: Brian Beniek and Greg Weber STAFF PRESENT: Dave Johnson, Captain Ron Holt, CSO Greg Hayes, Chief Bob Moore Commissioner Berkland called the meeting to order at 7:00 p.m. The first order of business was the presentation by Mayor Chmiel to Dave Johnson of a plaque commemorating his years of service to the community of Chanhassen while serving on the Public Safety Commission. Commissioner Berkland moved for approval of the minutes for last month's meeting, seconded by Bill Bernhjelm. The minutes were approved. Director Scott Harr asked that each commissioner write down the starting date of his service on the Public Safety Commission to update city records. No visitors were present. Community Service Officer Greg Hayes was recognized for completing a 2 week course at the National Fire Academy in Maryland. Director Harr stated that Greg Hayes is heading up the Breathing Apparatus Replacement Committee. CARVER COUNTY SHERIFF'S DEPARTMENT Captain Ron Holt presented the Sheriff's Department report. Captain Holt stated that he and Scott Harr had a meeting that morning with Sheriff Wallin and Chief Deputy Castleberry concerning next year's contract for police hours. It was agreed at this meeting that an upgrade in police hours was not necessary for the coming year. Scott Harr continued discussion on the contract for police hours. He stated that while in 1996 the hours would probably need to be increased in order to keep up with City growth, he had met with City Manager Don Ashworth concerning the possibility of creating a new crime prevention position for 1995 instead of increasing police contract hours. n BUILDING DEPARTMENT Scott Harr stated that every month gets busier, with permit revenue up 71% from this time last year. He noted that 2 temporary inspectors had been hired for the summer.- The temporary mechanical inspector continues to work part -time, while the temporary building inspector is now working full -time through October because of the increasing demand for inspections. PUBLIC SAFETY DEPARTMENT Scott Harr said at this time there were no applicants for the Public Safety Commission vacancy, as the two candidates had withdrawn their applications due to time restrictions on their parts. Commissioner Bernhjelm suggested keeping the Public Safety Commission membership at the present number, instead of seeking people to serve just to fill that opening. Commissioner Bernhjelm dismissed the possibility of cutting back on the number of meetings, possibly to every other month. Commissioner Dummer suggested keeping monthly meetings, but making them shorter in length. Director Harr stated that regular meetings were a good way to "keep a finger on the pulse of the community ". He also stated that regular meetings were a good idea to monitor things going on in the community and to discuss issues in order to keep things going as well as they are. Mayor Chmiel agreed with continuing regular meetings, and stated that he would like to wait for a volunteer to come forward to fill the Commission vacancy in lieu of recruiting a new member. All agreed. COMMUNITY SERVICE OFFICER REPLACEMENT Director Harr stated that today was Steve Winters last day as a Chanhassen CSO, and that Kerri ' Nolden had been hired as his replacement. Ms. Nolden is working towards becoming a law enforcement officer and comes highly recommended. CRIME PREVENTION DONATION ' Director Harr stated that he had written the Lions' Club to thank them for their generous donation. City Manager Don Ashworth had asked Director Harr to look into a trailer being used instead of a separate vehicle. Beth Koenig was asked to investigate the use of a trailer in other ' communities, and discovered that no other community was doing so. All communities contacted recommended a vehicle be used for such a purpose. ' Commissioner Berkland suggested calling the vehicle a Public Safety Education van instead of Crime Prevention van, so that the overall broad mission of public safety was kept in mind. Mayor Chmiel suggested that the van be marked as a Public Safety vehicle and have CSO's drive it to encourage community awareness of public safety education. Commissioner Bernhjelm mentioned that while there would be insurance and maintenance costs, he didn't see how the department could go wrong with a 4 -wheel drive vehicle which would be so versatile. Commissioner Bernhjelm moved that the $21,000. donation be used for the purpose ' of purchasing a public safety education vehicle (with Director Harr presenting the graphics, etc. at a later meeting), Commissioner Dummer seconded the motion and the motion carried. Director Harr discussed the possibility of a Crime Prevention position being considered instead ' of increasing police hours. Mayor Chmiel said that by end of 1995 Chanhassen's population could be over 15,800, if building continues as it is now. No lull is expected. Commissioner Dummer said that if that proves true, Chanhassen will be at the same ratio as it was in 1990 as far as police hours per , resident, and that it could be possible to continue giving good service to the City with the existing personnel if a crime prevention effort was pursued. Director Harr stated that the traffic enforcement program is going very well. There have been , no complaints concerning ticketing and stops by the officers, in fact, there have been a number of calls commending the program. He said the three projects with Eden Prairie and the State , Patrol went very well. Commissioner Berkland asked if there will be money next year for the Traffic Control program? ' Director Harr did not know but believes the program is worthwhile to continue, and will include it in the 1995 budget. ' Relating back to police contract hours, Commissioner Dummer noted that there isn't the data to support increasing the contract hours now. Commissioner Bernhjelm said that the "job is getting done" with the personnel now in place, but suggested that now is an appropriate time for Chanhassen to get its "foot in the door" with a crime prevention program. He stated that an advantage of having a Public Safety Department is that duplication of responsibilities is ' I liminated, and that a public safety education position would further this concept of coordinating safety education efforts. Commissioner Berkland agreed that it is an excellent idea. He would like to see an "across- the - board" public safety education program which would include seat belt ' usage, etc. Director Harr reported on the presentation he will be making to the City Council regarding police , services in Chanhassen. Director Harr stated that he has prepared a Public Safety Police Costs Report. He believes this is something that should be in the archives to acknowledge people that make the program work as well as describing the program itself. He said that Sheriff Al Wallin ' has been invited to attend the August 22nd City Council meeting when the report will be presented. Director Harr would also like the Public Safety Commission to attend if possible. He said that his report will be scheduled during the visitor's presentation. All present agreed it ' was a good idea to attend. Mayor Chmiel suggested that Director Harr introduce the members of the Commission at the City Council meeting. The 1995 Police Contract recommendation will also be scheduled for discussion at the August ' 22nd City Council meeting because the Sheriff's office wants it back as soon as possible. , '1 a 1 It was recommended that a motion be passed for a -0- increase in police contract hours, and that a public safety education position be included in the 1995 budget. Commissioner Dummer moved that it be accepted, Commissioner Bernhjelm seconded the motion, and it passed. Director Harr said one of the biggest budget problems at the Fire Department was being hit by unanticipated repair bills, e.g. $3000. for overhead garage doors recently. 1st Assistant Fire Chief Bob Moore stated that the door was 20 years old at the time and needed replacing. He said that next year the other doors will need to be replaced as well. Director Harr said that a new air compressor is being considered rather than repairing the old one, and would cost $20,000., while repairs could cost $10,000. Bob Moore suggested that a person who could walk through the Fire Department buildings on a regular basis to make maintenance and replacement recommendations would be helpful and Dave Dressler is helping with this. Commissioner Bernhjelm said that the Edina Police Department tries to project out 5 years for maintenance and replacement, and perhaps this would be a good idea for Chanhassen. Mayor Chmiel said costs for maintenance and replacement would be more palatable when projected out 5 years instead of at the time when needed. Commissioner Bemhjelm motioned to close the meeting, Commissioner Dummer seconded, and the motion carried. The meeting closed at 8:35 p.m. I gAsafety\sh\pscMeet.811 t EMERGENCY: 911 ALLEN J. WALLIN Carver County Sheriff COUNTY OF CAOEQ July 28, 1994 Dear Carver County City or Township Officials: OFFICE OF THE SHERIFF CARVER COUNTY 600 EAST 4TH STREET, BOX 9 CHASKA, MINNESOTA 55318 -2190 SHERIFF ADMIN.: (612) 361.1212 DISPATCH NON EMERERGENCY: (612) 361 -1231 TOLL FREE: 1 -800- 487 -5730 Please find enclosed several items for your review. They include two copies of the 1995 Contract for Police Services, (the contract remains virtually the same as the 1994 contract) and a copy of the calculations used to determine the estimated hourly rate. Attention must be given to Section 7 of the Contract, where the Municipality indicates the total number of contract hours desired for 1995 at an estimated hourly rate of $36.79, a .0259 percent increase. Also, it is requested the appropriate city officials sign both agreements and return them to me for approval and signature of county officials by October 15, 1994. A fully executed copy of the contract will then be returned to you. Final actual cost will be determined "as soon after the end of the year 1995 as reasonably practicable." As in previous years, your community's most recent Metropolitan Council's population estimate dictates the minimum level of daily contract patrol hours. These city and township patrol minimums are outlined below: Minimum City Levels of Contract Services 1 1. Population under 1,000 requires 1/2 hour daily patrol I minimum. 2. Population between 1,000 and 1,500 requires 2 hours daily ' patrol minimum. 3. Population between 1,501 and 2,000 requires 4 hours daily patrol minimum. , 4. Population between 2,001 and 3,000 requires 6 hours daily patrol minimum. ' 1 Affirmative Action /Equal Opportunity Employer Printed on Recycled Paper ' Contains Minimum 10% Post Consumer Waste Sincerely, Al Wallin Sheriff ' AW:pr Enclosures I 2 5. Population between 3,001 and 4,000 requires 9 hours daily patrol minimum. 6. Population between 4,001 and 5,000 requires 12 hours daily patrol minimum. ' 7. Population between 5,001 and 6,000 requires 15 daily minimum. hours patrol 8. Population between 6,001 and 7,000 requires 18 hours daily patrol minimum. 9. Add 3 minimum patrol hours for each additional 1,000 population. ' Minimum Township Levels of Contract Service ' 1. Population under 1,000 requires 1/2 hour daily minimum. patrol 2. Population of 1,000 or more requires 1 hour daily patrol ' minimum. If you have any questions or desire assistance in determining your proper level of contract service for 1995, please don't hesitate to contact me. Sincerely, Al Wallin Sheriff ' AW:pr Enclosures I 2 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. 7 0 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 2 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 3 I I such ersonnel shall become entitled b reason of their contract p Y 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, 1995 to I December 31, 1995. On or before August 15, 1995, the County or the Sheriff shall notify the Municipality of the best estimate of the per hour rate ' effective for the proposed 1996 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, 1995. 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, 1995. 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. 4 If the County or the Sheriff do not desire to re -enter into a contract for police services for 1996, 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 1995, and to pay the actual cost thereof. The estimated hourly rate for 1995 is to be $ 36.79 , for an estimated total yearly payment of $ for the year 1995, one -half thereof ($ ) to be paid on or before June 30, 1995, and the remaining one -half ($ ) to be paid on or before November 30, 1995, 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 1995 as reasonably practicable, the County will perform calculations to determine if the estimated hourly rate of $ 36.79 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 $ 36.79 the Municipality will pay to the 5 J 7 J County the difference between the estimated amount and actual cost; if the actual cost is lower than $ 36.79 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 1997 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 1996, the actual costs for 1995 police services shall be subject to the recapture provisions above. 1 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 Tracy Swanson, Chair of the Board ATTEST: Richard Stolz, County Administrator SHERIFF OF THE COUNTY OF CARVER Al Wallin, Sheriff Dated: 7