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1k-1 Police Services ContractCITYOF C HASgE PO Box 147 ?~anh3%al~ MN 55317 AdminislFalion PI ~n~ 952 227 1100 Fax 9522271110 Building Inspections Engineering Finance ~x g~23~11 Park & Recrealion tax %~ ~71404 Plannino ~alural Resources Phon~: ~32~ 1130 Public Works l~g Park Senior Center Web Site MEMORANDUM TO: Mayor and City Council FROM: DATE: Todd Gerhardt, City Manager October 30, 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 2004 is $51.22 (a 2.1% increase over the 2003 rate of $50.17. Under this contract, the city is agreeing to pay for 17,520 hours of patrol service in 2004. This is the same number of hours that the city has contracted for since 1997. The cost of the contract is $897,374.40 The funding source for this contract comes from the general fund and is part of the 2004 general levy. RECOMMENDATION Staff recommends approval of the attached 2004 Police Service Contract with Carver County and Carver County Sheriff's Department. ACTION REQUIRED Approval of this contract requires a simple majority of those City Council members present. ATTACHMENTS 1. Police Contract g:\admin\tg\policecontract2004 The City CARVER C()UNTY Bud ()lson, %hcrilT l'hnci'?nc) ~ 91i Augustl3,2003 City Administrator Gerhart City of Chanhasscn 7700 Market Blvd PO Box 147 Chanhassen, MN 55317 Dear Carver County City or Township Official: Enclosed please find two (2) copies of the 2004 year Contract for Police Service and one (1) copy of the calculations used to determine the estimated hourly rate. These items are provided for your review and comments. Although the cost of providing policing services increases with the overall demand for those services throughout the county, the Sheriff's Office is dedicated to keeping those costs as Iow as possible. Section Eight (8) of the contract outlines the total number of contract hours for each municipality/township calculated for the year 2004 at an estimated hourly rate of $51.22. There are several factors to consider in calculating the formula for the year 2004. The factors are the wages, benefits, gasoline and health insurance costs to maintain our operation. We have not settled contracts for the deputies. Any settlement with the union will result in a cost related adjustment to the formula. Health insurance premiums are showing a significant increase again this year. Our gasoline costs used in the formula are estimated at $1.50 per gallon. Please have the appropriate officials sign BOTH agreements and return them to the Sheriff's Office by October 15, 2003 for final approval and signature of county officials. Once the contract is finalized, a tully executed copy will be returned to you. As with past contracts, the final actual cost will be calculated within a practical and reasonable period of time after the conclusion of calendar year 2004. I thank you for your support and commitment in using the Sheriff's Office to provide your public safety mission in your community. Si132erjely, Sheriff ' BO:pr Enclosures CC: County Board of Commissioners David Hemze, Interim County Administrator Fred Boethin, Controller CONTRACT FOR POLICE SERVICES THIS AGREEMENT, made and entered into this day of , 20 , by and between the County of Carver, through its Sheriffs Office (hereinafter, "County"), and the City/Township of ., (hereinafter, Municipality"), and, collectively 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 WHEREAS, the County agrees to render such services upon the terms and conditions hereinafter 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 herein 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 hereinafter 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 Sheriffs 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 equipment as deemed necessary by the County; c) The police services contemplated hereby shall include routine patrolling and responding to police calls within the Municipality; d) 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 control of the County; e) In the event a dispute arises between the parties concerning the 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 of contracted hours reasonably anticipated, 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, equipment, or, the performance 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., zoning, building code violations). ARTICLE II 1. OFF-DUTY, SPECIAL EVENT, OR SPECIAL SERVICES If the Municipality desires additional services over and above the hours contracted for in this A~eement, the County's "Secondary and Off-Duty" policy (attached hereto 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 2004 is $51.22/hour. ARTICLE III 1. COOPERATION AMONG PARTIES It is hereby agreed that the parties and all of their officers, agents and employees shall render full cooperation and assistance to the each other, their officers, agents, and employees to facilitate the provision of the services contemplated herein. ARTICLE IV 1. PROVISION OF EQUIPMENT It is agreed that the County shall provide all necessary labor, supervision, equipment, dispatching, and necessary supplies to maintain and provide the police services to be rendered herein. 2. LIABILITY 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 herein. 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 persom~el 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 resulting from such acts. 3. INSURANCE 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. ARTICLE VI 1. TERM The term of this contract shall be January 1, 2004 to December 31, 2004. 2. RATE On or before August 15, 2003, the County shall notify the Municipality of the best estimate of the per hour rate effective for the proposed 2004 contracts. 3. NOTICE The Municipality shall notify the County of its intention to contract for police services no later than October 15, 2003. 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 into an agreement with the County for police services. If the County does not desire to enter into a contract for police services for 2004, the Municipality shall be so notified in writing six (6) months prior to the expiration of the current contract. ARTICLE VIII 1. HOURS For performing the services contemplated herein, the Municipality agrees to contract for hours for the year 2004, and to pay the actual cost thereof. The estimated hourly rate for 2004 is $51.22, for an estimated total yearly payment of $ 2. PAYMENT One-half of the total amount due hereunder, or $ , is to be paid on or before June 30, 2004, and the remaining one-half, or $ is to be paid on or before November 30, 2004. 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 2004, as reasonably practicable, the County shall perform calculations to determine if the estimated hourly rate for 2004 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 of the amount due. If the 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 2005 police contracts, 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 day time period shall be subject to the statutory annual 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 caused this agreement to be executed by its and its by the authority of its governing body adopted by Resolution number __ on the day of ., 20 MUNICIYALITY: APPROVED AS TO FORM: By Title Date 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 Administrator pursuant to the authority of the Board of County Commissioners by Resolution number duly adopted on the day of ., 20 APPROVED AS TO FORM: Carver County Attorney/Date COUNTY OF CARVER: By Chair Carver County Board of Commissioners Date ATTEST: David Hemze Interim County Administrator Date Mark Lundgren Carver County Auditor Date Bud Olson Carver County Sheriff Date 7 EXHIBIT "A" CARVER COUNTY SHERIFF'S OFFICE POLICY MANUAL Policy: 1052 Issue Date: November 1, 2002 Reference: Subject: Secondary and Off-Duty Contract Employment Page(s): 2 Chapter: Personnel and Activities 1052 SECONDARY AND OFF-DUTY CONTRACT EMPLOYMENT The Sheriff's Office shall provide outside and off-duty employment guidelines to employees. 1052.1 DEFINITIONS 1052.1.1 Employment: Any provision of service, whether for fee or other service, not including volunteer work for charitable organizations or military service in the Reserves or National Guard. 1052.1.2 Outside Employment: Employment of a non-police nature, which provides no real or implied law enforcement service to the employer and is not performed during assigned hours of duty. 1052.1.3 Off-Duty Contract Emplo,vrnent: Any service that is conditioned on the actual or potential use of law enforcement powers by the employee, whereby the service is contracted through the Sheriff's Office. 1052.2 OUTSIDE EMPLOYMENT Employees may engage in outside employment that meet the following criteria: A) Employment must present no potential conflict of interest between duties as a Sheriff's Office employee and requirements of the outside employer. B) Employment that does not constitute a threat to the status or dignity of law enforcement. C) Employees desiring outside employment shall complete a Request for Outside Eml2loyment form on an annual basis. The Sheriff and County Administrator evaluate requests for such employment on an individual basis. Policy 1052 Revision: December 6, 2002 Page I Policy: 1052 Subject: Secondary and Off-Duty Contract Employment 1052.3 OFF-DUTY CONTRACT EMPLOYMENT All off-duty contract employment must be authorized in advance by the Sheriff or designee. A) Dm approved contract will be completed. B) Contracted Services Procedures 1) Employees assigned to a contracted service are working for the Sheriffs Office, not the individual or company that contracted for service. 2) The patrol shift supervisor is responsible for providing supervision and guidance to the employee so assigned. 3) Employees so assigned are to cooperate with the individual contractor(s) as long as the actions requested are consistent with Office regulations and applicable law. If the request cannot be fulfilled, the employee shall explain why. Any disagreements on the service between the contractor and employee that cannot be resolved shall be referred immediately to the shift supervisor for clarification. All employee pa3qnents for contract services will be made using established payroll procedures. 4) 5) 1052.4 LIMITATIONS ON OUTSIDE AND OFF-DUTY EMPLOYMENT ^) In order to be eligible for outside and/or off-duty employment, an employee shall: 1) have completed their probationary period. 2) not be on medical or other leave due to sickness, injury, or disability. 3) have obtained approval for the request(s) for outside or off-duty employment. B) An employee may work outside or off-duty employment where total hours, in combination with regular duty hours, do not conflict or interfere with the employee's primary duties. c) An employee engaged in any outside or off-duty employment is subject to call-out in case of an emergency, and may be expected to leave their outside or off-duty employment in such situations. Policy 1052 Revision: September 13, 2002 Page 2