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1n Contract Carver Co. Police k, CONTRACT FOR POLICE SERVICES TInS AGREEMENT, made and entered into this day of , Æ-, by and between the County of Carver, through its Sherift's Office (hereinafter, "County"), and the Citvffownship 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,TIiEREFORE, 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 Murùcipality 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 Sheriff's Department 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-assignrnent 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 opirùon 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 Agreement, the County's "Off-Duty" policy (attached hereto as Exhibit A) applies and the parties will 2 need to execute a separate agreement for those services. The estimated rate (expense, payroll, vehicle, etc.) for any additional services for 200 I is $ Lf.3 . 1 t.f ARTICLE m /hour. 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 EOUlPMENT 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 MUlÙcipality 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 personnel 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 fTom and shall defend its officers, agents and employees against any claim for damages resulting fTom such acts. 3 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 I, 2001 to December 31,2001. 2. RATE On or before August 15, 2000, the County shall notify the Municipality of the best estimate ofthe per hour rate effective for the proposed 2001 contracts. 3. NOTICE The Municipality shall notify the County of its intention to contract for police services no later than October 1, 2000. 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, 600 East Fourth Street, Cbaska, Minnesota 55318-2190. In the event the Municipality shall fail to give notice as required herein, the County shall conclusively presume that said MUlÙcipality 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 2001, the Municipality shall be so notified in writing six (6) months prior to the expiration of the current contract. 4 ARTICLE VIII 1. HOURS For performing the services contemplated herein, the Municipality agrees to contract for hours for the year 2001, and to pay the actual cost thereof The estimated hourly rate for 2001 is $43.74, for an estimated total yearly payment of$ 2. PAYMENT One-half of the total amount due hereunder, or $ before June 30,2001, and the remaining one-half, or $ before November 30,2001. 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 2001, as reasonably practicable, the County shall perform calculations to deterrlÙne if the estimated hourly rate for 2001 reflects the actual cost of hourly service. The County shall promptly notify the MUlÙcipality of said actual cost, and if the actual cost is higher the MUlÙcipality 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 MUlÙcipality shall pay the difference within 60 days of receipt of notice from the County of the amount due. If the MUlÙcipality cannot pay the full amount due within 60 days, payment must be made in two equal installments concurrent with the serlÙ-annual payments due for 2002 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. , is to be paid on or is to be paid on or 5 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 MUlÙcipality has caused this agreement to be executed by its - and its by the authority of its goverlÙng body adopted by Resolution number day of APPROVED AS TO FORM: By Municipal Attorney/Date By MUNICIPALITY: Title Date Title Date 6 on the 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 ,2000. APPROVED AS TO FORM: Carver County Attorney/Date COUNTY OF CARVER: By Ursual Dinùer, Chair Carver County Board of Commissioners Date ATTEST: Richard Stolz Carver County Administrator Date Mark Lundgren Carver County Auditor Date Bud Olson Carver County Sheriff Date 7 CARVER COUNTY SHERIFF'S OFFICE Procedure - Outside and Off-duty Employment and Special Law Enforcement Services Total Pages: 2 Revision Date: 5/2/96 PURPOSE: To establish guidelines for outside and off-duty employment and special law enforcement services. METHOD: A. All off-duty employment that requires the use of official powers as a Carver County Deputy must be authorized and approved in advance by the Sheriff or his designee. Employees requesting permission to engage in outside employment that does not require the use of official police powers must submit, in writing, a request for permission to engage in outside employment prior to undertaking that activity. No request will be approved if the proposed outside employment is inconsistent with the Sheriff's Office code of ethics or if the employment would bring discredit to the Office. The employee's regular work schedule and any overtime assiguments will take priority over any approved off-duty and outside employment. B. Contracted Services Approval: All requests for contracted Sheriff's Office services will be approve by the Sheriff, Chief Deputy or designee. Approved contracted services will be posted and filled in the same manner as other assiguments. C. Specific Order for Contracted Law Enforcement Service: When an officer is assigned to contracted police services, the following orders are provided to guide his/her actions: 1. The deputies who are assigned to the special law enforcement work are working for Carver County, not the individual who requested the special service. As a result, the supervisor on duty is responsible for providing supervision of the officer's actions while he/she is assigned the special law enforcement duties. The officers on duty shall govern all aspects of their actions and shall be held responsible for their actions and conduct as on-duty officers. 2. The officers who are assigned special law enforcement services are to cooperate with the individual who requested the service in ways which are consistent with the approved Office regulations and law. If the person requesting service requests that an officer perform a service that is not considered proper Sheriff's Office action or is not permitted by law or procedures, the officer shall inform the person that hislher request cannot be granted and explain why. Furthermore, the person requesting the service has no authority to issue orders to the officer. Consequently, the officer shall not receive any special privileges, i.e., gratuities, additional compensation, special discounts, etc. 3. The officer who is assigned to special law enforcement duties is not to perform duties other than law enforcement work. That is, he/she is not to act as a door person or provide non-police services. Any disagreement between the person who requested the special service and the officer shall be referred immediately to the shift supervisor for clarification. If the supervisor cannot resolve the problem, the matter is to be referred to the Commander, Chief Deputy or the Sheriff. 4. All laws and ordinances must be enforced consistent with Office policies. In addition, the officer must observe the procedural law for offenses committed in the presence of an officer. D. Payment and Billing Procedures: 1. All payments for special law enforcement services will be made through the established County payroll procedures, including submission of overtime slips if appropriate. The officer performing the authorized work will be paid by the County at the appropriate rate and the County, in turn, will bill the cost incurred by the County. 2. Every January the Carver County Board will, by resolution and after consulting with the Sheriff, establish the rates to be charged to anyone contracting with the County for special law enforcement services during that calendar year. E. This procedure is to be used in conjunction with all relevant existing County and Sheriff's Office Policies, Procedure, Rules and Regulations. Please contact Carver County Human resources with any questions.