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E-6. 2015 Law Enforcement Contractr' CITY OF CHMNSFN 7700 Market Boulevard PO Box 147 Chanhassen, MN 55317 Administration Phone 95222711 0 Fax 952 2271110 Building Inspections Phone 952 2271180 Fax 952 2271190 Engineering Phone 952 2271160 Fax 952 2271170 Finance Phone 952 2271140 Fax 952 2271110 Park & Recreation Phone 952 2271120 Fax 952 2271110 Recreation Center 2310 Coulter Boulevard Phone 952 2271400 Fax 952 2271404 E -� MEMORANDUM TO: Mayor & City Council FROM: Todd Gerhardt, City Manager DATE- December 8, 2014 D 1; RE: 2015 Law Enforcement Contract PROPOSED MOTION: The Chanhassen City Council approves the 2015 Law Enforcement Contract with Carver County" Approval of this item requires a majority vote of the City Council BACKGROUND Attached to this report is the proposed 2015 Contract for Police Services with the Carver County Sheriff's Office The City of Chanhassen contracts for full -time equivalents (FTEs) For 2015, the CCSO has made beneficial changes to the calculation of deputy's costs, using only the average patrol salaries The proposed contract for 2015 will include 15 sworn officers and 7 vehicles divided into the following structure PERSONNEL COSTS Planning & Natural Resources 8 FTE Patrol Deputy (2184 hours) = $782,280 Phone 952 2271130 Fax 952 2271110 1 FTE Patrol Deputy (2080 hours) = $93,428 Public Works 7901 Park Place 2 FTE Sergeants (2184 hours) = $239,104 Phone 952 2271300 Fax 952 2271310 1 FTE Sergeant (2080 hours) = $118,268 Senior Center 1 FTE Liaison Lieutenant (2080 hours) = $128,128 Phone 952 2271125 Fax 952 2271110 1 FTE Investigator (2080 hours) = $93,428 Website www ci chanhassen mn us 1 FTE School Resource Deputy (2080 hours) = $93,428 Chanhassen is a Community for Life - Providing for Today and Planning for Tomorrow Mayor & City Council 2015 Police Contract December 8, 2014 Page 2 VEHICLE COSTS 3 Patrol Vehicles Investigator Vehicle School Resource Vehicle TOTAL COST $48,627 $4,649 _ $7,078 = $1,608,418 The contract does not provide for overtime, which may be required to backfill deputies during vacations or other leave periods, or to provide staff for court appearances. The Sheriff's Office is recommending that the city plan for an additional $60,000 in overtime Overtime is charged based on actual use. In addition to the contract amount, the City of Chanhassen has historically participated in the Southwest Metro Drug Task Force (SWMDTF). For 2015, the cost of participation is $2,100 (same rate since 2005) These costs are paid directly to S WMDTF RECOMMENDATION Staff recommends that the Chanhassen City Council approve the attached contract for police services with the Carver County Sheriff's Office in the amount of $1,608,418 for 2015 policing services. This action requires a majority vote of the City Council for approval. ATTACHMENT 1 2015 Contract for Police Services g \admm \lh \police contract\staff report 12 -8 -14 doe CONTRACT FOR POLICE SERVICES Chanhassen THIS AGREEMENT, made and entered into this day of I by and between the County of Carver, through its Sheriff's Office (hereinafter, "County "), and the City of Chanhassen (hereinafter, the "City "), and, collectively known as the "parties" WHEREAS, the City desires to enter into a contract with the County whereby the County will provide police services within the boundaries of the City; and WHEREAS, the County agrees to render such services upon the terms and conditions hereinafter set forth; and WHEREAS, said contract is authorized by Minnesota Statute, Section 47159, 436 05, and Minnesota Statute, Section 366 and 367, NOW, THEREFORE, it is agreed between the parties as follows ARTICLE I PURPOSE The purpose of this Agreement is to secure police contracting services for the City Minnesota Statutes, Section 471.59 authorizes two or more governmental units to jointly exercise any power common to the contracting parties Minnesota Statutes, Section 436.05 allows municipalities to contract with other municipalities for police services ARTICLE II 1 POLICE SERVICES The County agrees to provide police service within the corporate limits of the City 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, 12 With input from the City, the County shall assign personnel as necessary; 1.3 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; 14 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 (e g., re- assignment of personnel, types of patrol, level of service available), and Page 1 of 7 15 The police services will be provided to the City 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 (e g , zoning, building code violations) ARTICLE III SPECIAL EVENT OR ADDITIONAL SERVICES If the City desires additional police services over and above the hours and /or FTE's contracted for in this Agreement, the City shall contact the Sheriff's Office contract manager or designee noted in this Agreement The County will invoice the City for these additional services pursuant to Minnesota Statute, Section 471 425 1 ARTICLE IV 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 V PROVISION OF EQUIPMENT. It is agreed that the County shall provide all necessary labor, supervision, vehicle, equipment, and supplies to maintain and provide the police services selected herein 2. OFFICE SPACE. If an FTE is requested, the City shall provide office and work space for the assigned personnel 3 FINANCIAL LIABILITY. The City 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. 1 Minnesota Statute, Section 471425 Prompt payment of local government bills, Subdivision 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 Page 2 of 7 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 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, Minnesota Statutes, Chapter 466, and other applicable laws. LIABILITY (a) To the full extent permitted by law, actions by parties pursuant to this Agreement are intended to be and shall be construed as a "cooperative activity" and it is the intent of the parties that they shall be deemed a "single governmental unit" for the purposes of liability, all set forth in Minnesota Statutes, Section 47159, Subdivision 1a(a) provided further that for purposes of that statute, each party to this Agreement expressly declines responsibility for the acts or omissions of the other party. (b) For purposes of determining total liability damages, the participating governmental units and the point board, if one is established, are considered a single governmental unit and the total liability for the participating governmental units and the point board, if established, shall not exceed the limits on governmental liability for a single governmental unit as specified in State Statute, Section 3 736 or Section 466.04, Subdivision 1, or as waived or extended by the point board or all participating governmental units under State Statute, Section 3.736, Subdivision 8 or Section 471 981 The parties of this Agreement are not liable for the acts or omissions of the other participants to this Agreement except to the extent to which they have agreed in writing to be responsible for acts or omissions of the other parties. 5. INSURANCE. The County agrees that all insurance required to adequately insure vehicles, personnel and equipment used by the County in the provision of the selected services will be provided by the County Page 3 of 7 ARTICLE VI 1 TERM The term of this contract shall be, January 1 to December 31, 2015 The term of this Agreement may be extended for up to an additional sixty (60) days under the same terms and conditions, provided the parties are attempting in good faith to negotiate a new Agreement This Agreement extension shall automatically terminate upon the parties' entering into a new written Agreement, or on the sixtieth (60th) day, whichever occurs first 2 RATE The Sheriff's Office has presented the City with a recommended police plan which includes the police contract rates 3. NOTICE. 3 1 If the County does not desire to enter into a contract for police service for 2016, the City 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 City of the police contract rates for the following year 3 3 The City 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 City shall fail to give notice as required above, the County shall presume the City 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- Commander Paul Tschida Carver County Sheriff's Office 606 East 4th Street Chaska, MN 55318 ptschida @co.carver mn us Office- 952 - 361 -1207 Cell- 952 - 457 -7302 Page 4 of 7 City of Chanhassen Todd Gerhardt, City Manager 7700 Market Blvd P0 Box 147 Chanhassen, Mn 55317 Phone. 952 - 227 -1110 ARTICLE VII MENU OF POLICE SERVICES 1. POLICE STAFFING OPTIONS 11 FULL TIME EQUIVALENT (FTE) PERSONNEL OPTION 1 11 FTE personnel are Full Time Employees dedicated to the contract community The FTE deputies compensated time includes regular assignment duties, training, holidays, vacation, sick leave and other benefited time The FTE deputy position is not automatically backfilled when the deputy is away from assignment for the above types of compensated time. The FTE deputy costs include- salary, benefits, supervision, administration, training, clerical support, insurance, 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 City requests coverage for compensated days off noted above, it is recommended the City set aside a contingency for additional hours. Hours worked on a designated holiday will be billed at double the FTE's hourly pay rate per the collective bargaining agreement(s) The SouthWest Metro Drug Task Force will invoice separately an amount of $ 2,100 Additional hours for deputies will be billed at $57 17. PERSONNEL COST Sgt. 1 -2080 FTE $118,268 Sgt 2 -2184 FTE $239,104 Deputy 1 -2080 FTE $ 93,428 Deputy 8 -2184 FTE $782,280 Invest. 1 -2080 FTE $ 93,428 School Resource Officer $ 93,428 Lt $128,128 VEHICLE COST Patrol Vehicle — 3 $48,627 SRO $7,078 Invest. $4,649 TOTAL POLICE SERVICES $1,608,418 Page 5 of 7 PAYMENT. The Sheriff shall invoice one half of the total amount of the current year police staffing option cost hereunder, or $804,209 to be paid on or before June 30 of the current contract year The Sheriff shall invoice the remaining half, or $804,209 to be paid on or before November 30 of the current contract year. 3. MINNESOTA STATE POLICE AID The County, upon receiving Minnesota State Police Aid, shall reimburse the City pursuant to Minnesota Statute, Section 69 011 Page 6 of 7 IN WITNESS THEREOF, the Municipality has caused this Agreement to be executed by its Mayor and by the authority of its governing body on this day of , SIGNED. Mayor SIGNED. City Manager DATE 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 on this day of , COUNTY OF CARVER. SIGNED SIGNED. CHAIR, BOARD OF COMMISSIONERS SHERIFF ATTESTED. 0111r:11 7_VIIM SIGNED DATE - COUNTY ADMINISTRATOR Page 7 of 7