Loading...
1d Approve Police Contract CITY OF CHANHASSEN 7700 Market Boulevard PO Box 147 Charlilasseo. MN 55317 Administration Pllone 952.227.1100 Fax 952227.1110 Building Inspections Phone 952227.1180 Fax 952 227 1190 Engineering PllOrle 9522271160 Fax 952.227.1170 Finance PhOlle 9522271140 Fax 9522271110 Park & Recreation Phone 9522271120 Fax. 952.2271110 Recreailorl Celller 2310 Coulier Boulevard Phone 952.227.1400 Fax 952.227.1404 Planning & Natural Resources Phone 952.2271130 Fax 9522271110 Public Works 1591 Park Road Phorlc 9522271300 Fax 952 2271310 Senior Center Pnolle 952.227.1125 Fax. 9522271110 Web Site ww'/w.chanllassen mrlUS 1d- MEMORANDUM TO: Todd Gerhardt, City Manager FROM: Justin Miller, Assistant to the City Manager),v" , ¥v, p\ November 29,2004 \;' . DATE: RE: 2005 Police Contract with Carver County Sheriff's Office BACKGROUND Attached to this report is the proposed 2005 Contract for Police Services between the City of Chanhassen and the Carver County Sheriff's Office. Beginning in 2005, there are several changes in how the contract is administered. Under the current contract, the City contracts for hours of police service. For example, in 2004 the sheriff's office provided 48 hours of protection per day, or 17,520 hours annually. Beginning in 2005, the City will contract for actual employees, or full- time equivalents (FTEs). The proposed contract calls for the City of Chanhassen to contract for 10.25 FTE patrol deputies, one FTE patrol corporal, and 1 FTE liaison sergeant (currently occupied by Sgt. Jim Olson). Under the current system, the hours of contracted service equates to ten deputies and one sergeant who are dedicated to Chanhassen. During preliminary budget planning, and taking into account recommendations from Sheriff Bud Olson, staff recommended the addition of two deputies for 2005. However, current staffing levels with the sheriff's office would not be able to absorb such an increase at the beginning of the year, so a phased-in approach has been proposed. The approach, which would allow time for the recruitment and hiring process, would be as follows: Personnel Time of employment FTE equivalent 9 Patrol Deputies January 1 - December 31 9.0 1 Patrol Deputy April 1 - December 31 .75 1 Patrol Deputy July 1 - December 31 .5 1 Corporal January 1 - December 31 1.0 1 Sergeant January 1 - December 31 1.0 Total FTE 12.25 If the sheriff's office cannot find suitable candidates to fill the additional positions as allocated in the contract timeline, they will provide the officers as soon as possible and adjust the contract cost accordingly. Also, the vehicles used by officers in Chanhassen will have the City logo. The City will also continue to The City of Chanhassen · A growing commurllty with clean lakes. quality SCIIOOls. a ;llallTlirlq dowrltiiwrl 'IlriV rig bllsrrlcsses ar'd Il8al,tllui parkS live. work. and play employ two part-time community service officers and a full-time crime prevention specialist to enhance our public safety operations. The total cost of the proposed contract is $1,097,948.22. The sheriff's office is also recommending that a certain amount be set aside for costs that will be incurred when a deputy is away for sick, vacation or training time, or for special events. Sgt. Olson will consult the city manager before any costs not addressed in the base contract are incurred. If additional expenses are needed, staff believes that the budgeted amount will be sufficient. RECOMMENDA TION Staff has reviewed the attached contract and believes that it meets the intent that the City has articulated during the public safety review process. Staff recommends approval of the attached Contract for Police Services with the Carver County Sheriff's Office for $1,097,948.22. CONTRACT FOR POLICE SERVICES THIS AGREEMENT, made and entered into this day of ,2004, by and between the County of Carver, through its Sheriff's Office (hereinafter, "County"), and the City of Chanhassen, (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 police 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 Minn. Stat. Sec. 471.59, 436.05, and Minn. Stat. Sec. 366. and 367; NOW, THEREFORE, it is agreed between the parties as follows: ARTICLE I I. POLICE SERVICES. The County agrees to provide police service within the corporate limits of the Municipality to the extent and in the manner set forth below: 1.1 Police services to be provided under this contract shall encompass those police duties and functions which are the type statutorily deemed to be the responsibility of the local communities; 1.2 With input from the Municipality, the County shall assign personnel as necessary; 1.3 The police services contemplated hereby shall be chosen from the Carver County Commissioners adopted Menu of Police Services, Carver County Board Resolution #46-04, April 27,2004; 1.4 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; 1.5 In the event a dispute arises between the parties concerning the type of service to be rendered, or the manner in which such service is provided, the County shall retain sole discretion in determining a solution to said dispute; (i.e., re-assignment of personnel, types of patrol, level of service available); and 1.6 The police services will be provided to the Municipality for the selected number of contracted hours and/or full time equivalent (FTE) personnel. Such services shall not include situations in which, in the opinion of the County, a police emergency occurs which requires a different use of the personnel, patrol vehicle, equipment, or the performance of special details relating to police services. It shall also not include the enforcement of matters which are primarily administrative or regulatory in nature, (i.e., zoning, building code violations). 1 ARTICLE II 1. SPECIAL EVENT OR ADDITIONAL SERVICES. If the Municipality desires additional police services over and above the hours and/or FTE's contracted for in this Agreement, the municipality shall contact the Sheriff's Office contract manager or designee noted in this agreement. The County will invoice the Municipality for these additional services pursuant to Minn. Stat. Sec. 471.425.* ARTICLE III 1. COOPERATION AMONG PARTIES. It is hereby agreed that the parties and all of their officials, personnel, agents and employees shall render full cooperation and assistance to each other to facilitate the provision of the services selected herein. ARTICLE IV 1. PROVISION OF EQUIPMENT. It is agreed that the County shall provide all necessary labor, supervision, vehicle, equipment, and necessary supplies to maintain and provide the police services selected herein. 2. OFFICE SPACE. If an FTE is requested, the Municipality shall provide office and work space for the assigned personnel. 3. FINANCIAL LIABILITY. The Municipality does not assume liability for the direct payment of any salaries, wages, or other compensation to personnel employed by the County to perform the selected services. It is agreed that all personnel 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 personnel shall become entitled by reason of their employment with the County. 4. MUTUAL INDEMNIFICATION. Each party shall be liable for its own acts to the extent provided by law and hereby agrees to indemnify, hold harmless and defend the other, its personnel and employees against any and all liability loss, costs, damages, expenses, claims or actions, including attorney's fees which the other, its personnel and employees may hereafter sustain, incur or be required to pay, arising out of or by reason for any act or omission of the party, its agents, servants or employees, in the execution, performance, or failure to adequately perform its obligations pursuant to this Contract. Liability of the County or other Minnesota political subdivisions shall be governed by the provisions of the Municipal Tort Claims Act, Minn. Stat. Ch. 466, and other applicable laws. 5. INSURANCE. The County agrees that all insurance required to adequately cover vehicles, personnel and equipment used by the County in the provision of the selected services will be provided by the County. 2 ARTICLE V 1. TERM. The term of this contract shall be January 1, 2005 to December 31, 2005. 2. RATE. For contract year 2005 the Sheriff's Office has presented the municipality with a recommended police plan which includes the estimated police contract rate. 3. NOTICE. 3.1 If the County does not desire to enter into a contract for police service for 2006, the Municipality shall be so notified in writing six (6) months prior to the expiration of the current contract. 3.2 On or before August 15 of the current contract year, the County shall notify the Municipality of the best estimate of the police contract rate for the following year. 3.3 The Municipality shall notify the County of its intention to contract for police services for the following year no later than October 15 of the current contract year. 3.4 In the event the Municipality shall fail to give notice as required above, the County shall presume the Municipality does not desire to enter into an agreement with the County for police services. 3.5 Notice under the above provisions shall be sent to: Sheriff's Contract Manager: Commander Robert VanDenBroeke Municipality: Todd Gerhardt, City Manager City of Chanhassen PO Box 147 Chanhassen, MN 55317 (952) 227-1100 Carver County Sheriff's Office 606 4th Street East Chaska, MN 55318 952-361-1208 rvandenb@co.carver.mn.us tgerhardt@ci.chanhassen.mn.us ARTICLE VI MENU OF POLICE SERVICES 1. 2005 ESTIMATED POLICE STAFFING OPTIONS 1.1 HOURLY POLICE SERVICE OPTION 1.1.1 Deputy Sheriff @ $53.86 per hour. For performing the services contemplated herein, the Municipality agrees to contract for hours for Deputy Sheriff services at the estimated hourly rate for 2005 at $53.86 per hour in the amount of $ 3 1.2 FULL TIME EQUIVALENT (FTE) PERSONNEL OPTION 1.2.1 FTE personnel are full time employees dedicated to the contract community. The FTE deputy's compensated time includes patrol, training, holidays, vacation, sick leave and other benefited time. The FTE deputy position is not automatically backfilled when the deputy is away from patrol for the above types of compensated time. The FTE deputy cost includes: salary, benefits, supervision, administration, training, clerical support, insurance, vehicle, fuel, equipment, supplies and county overhead. The FTE costs do not include additional hours which are necessary for court or filling a shift for a compensated day off. If the Municipality requests coverage for any compensated days off noted above, it is recommended the Municipality set aside a contingency for additional hours. Such additional hours will be billed at the police contract rate of $53.86 per hour.* 1.2.2 For police services the Municipality agrees to contract for the following Menu of Police Service FTE's. A night differential charge of 70 cents per hour will apply for sworn FTE's working a majority of their shifts after 3:00 PM. 10.25 FTE Patrol Deputy @ $87,901.74 = $ 909,082.04 ---L FTE Patrol Corporal @ $89,101.74 = $ 90,300.14 _ FTE Liaison Corporal @ $89,101.74 = _ FTE Patrol Sergeant @ $98,566.04 = ---L FTE Liaison Sergeant @ $98,566.04 = $ 98,566.04 _ FTE Criminal/Juvenile Investigator @ $90,301.74 = _ FTE Narcotics Investigator @ $90,301.74 = _ FTE Crime Prevention Deputy @ $87,901.74 = _ FTE Canine (K-9) Deputy @ $89,101.74 = _ FTE Recreational Services Deputy @ $89,101.74 = _ FTE School Resource Deputy @ $89,101.74 = _ FTE Records Clerk @ $38,727.00 = TOTAL MENU OF SERVICE FTE AMOUNTS = $ 1 ,097 ,948.22 4 1.3 COMMUNITY SERVICE OFFICER RESPONSE 1.3.1 For Community Service Officer (CSO) the Municipality agrees to contract for _ hours for CSO services at the estimated hourly rate for 2005 at $27 .98 per hour in the amount of $ 1.3.2 The fee for a Community Service Officer to respond to a call in a non-CSO contracting community will be $84.00 which will be automatically invoiced pursuant to Minn. Stat. Sec. 471.425.* CURRENT YEAR ESTIMATED POLICE STAFFING OPTION TOTALS: HOURLY OPTION @ $53.86/HR AMOUNT DUE $ N/A FTE OPTION AMOUNT DUE $ 1,097,948.22 CSO OPTION @ $27.98/HR AMOUNT DUE $ N/A CSO PER CALL SERVICE OPTION @ $84/CALL $ N/A TOT AL AMOUNT DUE (See Attachment A) $ 1,097,948.22 2. PAYMENT 2.1. One-half of the total amount of the current year estimated police staffing option cost due hereunder, or $ 548,974.11 , is to be paid on or before June 30, of the current contract year, and the remaining one-half, or $ 548,974.11 is to be paid on or before November 30, of the current contract year. 2.2 As soon after the end of the current contract year as reasonably practical, the County shall perform calculations to determine if the estimated police contract rate reflects the actual cost of 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. 2.3 In the event either party owes the other, payment shall be made pursuant to Minn. Stat. Sec. 471.425.* 3. MINNESOTA STATE POLICE AID: The County upon receiving the Minnesota State Police Aid shall reimburse the Municipality its share pursuant to Minn. Stat. Sec. 69.011. * Minn. Stat. Sec. 471.425 Prompt payment of local government bills. Subd. 2.(a) For municipalities who have governing boards which have regularly scheduled meetings at least once a month, the standard payment period is defined as within 35 days of the date of receipt. 5 IN WITNESS THEREOF, the Municipality has caused this agreement to be executed by its and by the authority of its governing body adopted by Resolution number day of ,2004. on the MUNICIP ALITY: By: Tom Furlong Mayor Date: By: Todd Gerhardt City Manager Date: 6 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 ,2004. APPROVED AS TO FORM: Carver County Attorney/Date COUNTY OF CARVER: By: Chair Gayle Degler Carver County Board of Commissioners Date: ATTEST: David Hemze County Administrator Date: Mark Lundgren Carver County Auditor Date Byron 'Bud' Olson Carver County Sheriff Date: 7 Attachment A Carver County Sheriff's Office City of Chanhassen 2005 Police Service Contract The Sheriff's Office will: 1. Provide 9 FTE Deputies to work January 01 through December 31,2005. The shifts are not backfilled when the deputy is on compensated time off (ie. Sick Leave, Holidays, Vacation, Training etc.) a. Night differential of $.70 per hour for 6 FTE's $791,115.66 $ 7,190.40 2. Provide 1 FTE Corporal to work January 01 through December 31,2005. This shift is not backfilled when the deputy is on compensated time off (ie. Sick Leave, Holidays, Vacation, Training etc.) a. Night differential of $.70 per hour for 1 FTE Corporal $ 89,101.74 $ 1,198.40 3. Provide 1 FTE Sergeant to work January 01 through December 31,2005. This shift is not backfilled when the deputy is on compensated time off (ie. Sick Leave, Holidays, Vacation, Training etc.) $ 98,566.04 4. Provide 1 FTE Deputy to work April I, 2005 through December 31,2005. This shift is not backfilled when the deputy is on compensated time off (ie. Sick Leave, Holidays, Vacation, Training etc.) a. Night differential of $.70 per hour for 1 FTE Deputy $ 65,926.31 $ 898.80 5. Provide 1 FTE Deputy to work July 1,2005 through December 31,2005. This shift is not backfilled when the deputy is on compensated time off (ie. Sick Leave, Holidays, Vacation, Training etc.) $ 43,950.87 Total 2005 Police Service Contract cost: $1,097,948.22 Note: FTE Deputies are Full Time Equivalent personnel dedicated to the contract community. The FTE deputy's compensated time includes patrol, training, holidays, vacation, sick leave and other benefited time. The FTE deputy position is not automatically backfilled when the deputy is away from patrol for the above types of compensated time. The FTE deputy cost includes; salary, benefits, supervision, administration, training, clerical support, insurance, vehicle, fuel, equipment, supplies and county overhead. The FTE costs do not include additional hours which are necessary for court or filling a shift for a compensated day off. If the County is not able to hire and train the needed FTE deputies by April and July, 2005 it will provide as soon after those dates as possible and the contract cost will be adjusted accordingly. Dedicated squad cars provided for use by FTE deputies will display City Graphics on the rear quarter panel as agreed to by the City. 8