1j. 1990 Police Contract ‘, '
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MEMORANDUM .- -- =~�
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I TO: Don Ashworth, City Manager .
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FROM: Jim Chaffee, Public Safety Director s� Al: '' ^
--' DATE: August 7, 1989 U -~---. �-- '
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USUBJ: Pol ice Contract - 1990
Please find attached the proposed contract for police services
with the Carver County Sheriff' s Department . As you can see, the
I contract per hour cost only went up $0. 03 an hour . It is recom-
mended that we remain at the present coverage level of 24 hours a
day protection or 8, 760 hours a year . The total cost for
I contract coverage would be $283, 386 for 1990.
1989 calls for service (CFS) are somehwat less than they were for
1988 during this same time frame. In addition, the police study
I is continuing regarding the future of police services for the
City of Chanhassen. .
IThe Sheriff' s Department has been able to adequately handle all
calls for service with minor support from the CSO' s and myself
and Scott Harr . We do not expect that to change significantly
I for 1990. In addition, the new schedule worked out by the
Sheriff has enchanced our response capabilities during the prime
times.
NI PUBLIC SAFETY COMMISSION ACTION:
The Public Safety Commission review the proposed contract at
I their August 10, 1989, meeting and recommended approval .
(Minutes from that meeting are not yet available. )
IIRECOMMENDATION:
It is staff' s recommendation to contract with the Carver County
Sheriff' s Department for Police Services for a total of 8, 760
I hours (24 hours/day) in 1990. Total costs for these services to
be $283, 386. 00.
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/ `., CARVER COUNTY COURTHOUSE
ALLEN J. WALLIN 1\" %� 600 EAST 4TH STREET - BOX 9
Carver County Sheriff / CHASKA, MINNESOTA 55318-2190
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(612) 448-3435
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COUNTY Of CAQVE
July 21, 1989 1
Dear Carver County City Administrator or Township Clerk:
Please find enclosed two copies of the 1990 Contract for Police I
Services. The contract remains virtually the same as the 1989
contract.
Attention must be given to Section 7, where the Municipality in-
dicates the number of contract hours desired for 1990 at an es-
timated hourly rate of $32. 35.
Also, it is requested the appropriate city officials sign the
agreement and return it to me for approval and signature of
county officials by October 15, 1989. 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 1989 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 . Population under 1,000 requires 1/2 hour daily patrol
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. S
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.
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Affirmative Action/Equal Opportunity Employer
7. Population between 5 , 001 and 6 ,000 requires 15 hours
daily patrol minimum.
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 patrol
minimum.
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 1990 , please don't
hesitate to contact me.
Sincerely,
Al Wallin
Sheriff
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Enclosure
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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
service 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 serv-
ices 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 discre-
tion, 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 mat-
ters 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 serv-
ices 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 enforce-
ment 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 provi-
sion of the services contemplated hereby .
3 ) It is agreed that the County shall provide all necessary
labor, supervision , equipment, communications facilities , dis-
patching 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 con-
templated 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 serv-
ices 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
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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 , 1990 to
December 31 , 1990 .
On or before August 15 , 1990 , the County or the Sheriff
shall notify the Municipality of the best estimate of the per
hour rate effective for the proposed 1991 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 , 1990 . 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 , 1990 . 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 1991 , 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
1990 , and to pay the actual cost thereof. The estimated hourly
rate for 1990 is to be $ 32 . 35 , for an estimated total yearly
payment of $ for the year 1990 , one-half thereof
($ ) to be paid on or before June 30 , 1990 , and the
remaining one-half ($ ) to be paid on or before Novem-
ber 30 , 1990 , at which time the Municipality shall receive credit
for its share of any benefit to which it may become ent; tled pur-
suant to Minnesota Statutes 69 . 011 (as amended ) .
8 ) As soon after the end of the year 1990 as reasonably
practicable, the County will perform calculations to determine if
the estimated ;sourly rate of $ 32 . 35 reflects the actual
cost of hourly service . The County will promptly notify the
Municipality of said actual costs , and thereupon , if the actual
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cost is higher than $ 32 . 35 the Municipality will pay to the
County the difference between the estimated amount and actual
cost; if the actual cost is lower than $ 32 . 35 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 in-
stallments concurrent with the semiannual payments due for 1992
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 1991 , the actual costs for 1990 police serv-
ices shall be subject to the recapture provisions above .
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IN WITNESS THEREOF, the Municipality has caused this agree-
ment 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-
man 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
Earl F. Gnan, Chairman of the Board
ATTEST :
Richard Stolz , County Administrator
SHERIFF OF THE COUNTY OF CARVER
Al Wallin , Sheriff
Dated :
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