D-9. Approval of 2017 Police Contract with Carver County Sheriff’s Office ♦ � Y
9 c") CITY OF CIIANHASSEN
S Chanhassen is a Community for Life-Providing forToday and PlanningforTomorrow
NMHAS
MEMORANDUM
TO: Mayor& City Council
FROM: Todd Gerhardt, City Manager
DATE: December 12, 2016
RE: 2017 Law Enforcement Contract
PROPOSED MOTION:
"The Chanhassen City Council approves the 2017 Contract for Police Services with Carver
County."
Approval of this item requires a majority vote of the City Council.
BACKGROUND
Attached to this report is the proposed 2017 Contract for Police Services with the Carver County
Sheriff's Office. The City of Chanhassen contracts for full-time equivalents (FTEs) as well as
participation in the Southwest Metro Drug Task Force.
The proposed contract for 2017 will include 15 sworn officers and 7 vehicles divided into the
following structure:
PERSONNEL COSTS
8 FTE Patrol Deputy(2184 hours) _ $808,144
1 FTE Patrol Deputy(2080 hours) = $98,813
2 FTE Sergeants (2184 hours) = $246,912
1 FTE Sergeant(2080 hours) = $128,875
1 FTE Liaison Lieutenant(2080 hours) = $133,173
PH 952.227.1100• www.ci.chanhassen.mn.us • FX 952.227.1110
7700 MARKET BOULEVARD • PO BOX 147 • CHANHASSEN • MINNESOTA 55317
Mayor& City Council
2016 Police Contract
December 12, 2016
Page 2
1 FTE Investigator(2080 hours) = $98,813
1 FTE School Resource Deputy(2080 hours) = $98,813
1 CSO (26 hours) = $870
VEHICLE COSTS
5 Patrol Vehicles = $105,465
1 Investigator Vehicle = $6,324
1 School Resource Vehicle = $6,849
TOTAL COST = $1,733,051
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$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 2017, the cost of participation is $2,100,
which has been the same rate since 2005. These costs are paid directly to SWMDTF.
One new feature this year is the addition of Community Service Officer hours. Traditionally,
Chanhassen has employed two part-time CSOs, but because they are part time and there is some
natural turnover in that position there are times when there is no coverage within the city. To
account for these gaps in coverage we have added a small allotment of hours to Carver County
CSOs to assist during those times when a Chanhassen CSO is unavailable. These hours will be
charged upon actual use.
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$1,733,051 for 2017 policing
services and continuation of membership in the Southwest Metro Drug Task Force for$2,100.
This action requires a majority vote of the City Council for approval.
ATTACHMENT
1. 2017 Contract for Police Services
\\cfs5\cfs5\shared_data\admin\cp\police contract\staff report 2017.doc
CONTRACT FOR POLICE SERVICES
Chanhassen
THIS AGREEMENT, made and entered into this day of 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, Minnesota Statutes Section 471.59 authorizes governmental units in the State of
Minnesota to enter into agreements by resolution with any other governmental unit to perform on
behalf of that unit any service or function which that unit would be authorized to provide for itself;
and
WHEREAS, said contract is authorized by Minnesota Statute, Section 471.59, 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;
1.2 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;
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1.4 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
1.5 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, 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.
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
1. 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.
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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.
It is further understood that Minnesota 471.59, Subd. la applies to this Agreement. To the full
extent permitted by law, actions by the 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 as set
forth in Minnesota Statutes Section 471.59, Subd. la(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.
Each party agrees to promptly notify the other party if it knows or becomes aware of any
facts or allegations reasonably giving rise to actual or potential liability, claims, causes of
action,judgments, damages, losses, costs or expenses, including attorney's fees, involving or
reasonably likely to involve the other party, and arising out of acts or omissions related to
this Agreement.
LIABILITY
(a) It is understood and agreed that liability shall be limited by the provisions of Minnesota
Statutes Chapter 466.This Agreement to indemnify and hold harmless does not constitute
a waiver by any participant of limitations on liability provided under Minnesota Statutes
Section 466.04. 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 471.59, Subdivision la(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 joint board, if one is established, are considered a single governmental unit and
the total liability for the participating governmental units and the joint 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 joint 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.
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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.
ARTICLE VI
1. TERM. The term of this contract shall be January 1, 2017 to December 31, 2017. 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 2018, 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 City of Chanhassen
Carver County Sheriff's Office Todd Gerhardt, Administrator
606 East 4th Street 7700 Market Blvd. PO Box147
Chaska, MN 55318 Chanhassen, Mn. 55317
ptschida@co.carver.mn.us Phone: 952-227-1100
Office: 952-361-1207
Cell: 952-457-7302
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ARTICLE VII
MENU OF POLICE SERVICES
1. POLICE STAFFING OPTIONS
1.1 FULL TIME EQUIVALENT (FTE) PERSONNEL OPTION
1.1.1 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.
The first forty (40) hours the deputy is gone from the community while on
military leave will not be backfilled. The Sheriff's Office will backfill the position
or credit back the time for military leave after the first 40 hours.
The first eighty (80) hours a deputy is gone from the community on FMLA leave
will not be backfilled; it will be treated like sick leave. The Sheriff's Office will
backfill the position or credit back the time for FMLA after the first 80 hours of
FMLA is completed.
If the City requests coverage for compensated days off noted above, it is
recommended the City set aside a contingency for additional hours. Additional
hours for deputies will be billed at $59.21.
The SouthWest Metro Drug Task Force will invoice $2,100 separately.
Hours worked on a designated holiday will be billed at double the FTE's hourly
pay rate per the collective bargaining agreement(s).
PERSONNEL COST
Sergeant 1 (2080 FTE) $128,875
Deputy 1 (2080 FTE) $ 98,813
Deputy 8 (2184 FTE) $808,144
Sergeant 2 (2184 FTE) $246,912
Investigator 1 (2080 FTE) $98,813
SRO 1 (2080 FTE) $98,813
Lieutenant 1 (2080 FTE) $133,173
CSO 26 hours $ 870
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VEHICLE COST
Patrol Vehicle 5 $105,465
SRO vehicle 1 $6,324
Investigator vehicle 1 $6,849
TOTAL POLICE SERVICES $1,733,051
2. PAYMENT. The Sheriff shall invoice one half of the total amount of the current year police
staffing option cost hereunder, or$866,525.50 to be paid on or before June 30 of the
current contract year. The Sheriff shall invoice the remaining half, or$866,525.50 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.
ARTICLE VIII
1. DATA. All data collected, created, received, maintained or disseminated in any form for
any purposes by the activities of this Agreement is governed by the Minnesota Data
Practices Act, Minnesota Statute Section 13, or the appropriate Rules of Court and shall
only be shared pursuant to laws governing that particular data.
2. AUDIT. Pursuant to Minnesota Statute Section 16C.05, Subdivision 5,the parties agree that
the State Auditor or any duly authorized representative at that time during normal
business hours and as often as they may reasonably deem necessary, shall have access to
and the right to examine, audit, excerpt, and transcribe any books, documents, papers,
records, etc. which are pertinent to the accounting practices and procedures related to this
Agreement. All such records shall be maintained for a period of six (6) years from the date
of termination of this Agreement.
3. NONWAIVER, SEVERABILITY AND APPLICABLE LAWS. Nothing in this Agreement shall
constitute a waiver by the parties of any statute of limitation or exceptions on liability. If
any part of this Agreement is deemed invalid such shall not affect the remainder unless it
shall substantially impair the value of the Agreement with respect to either party. The
parties agree to substitute for the invalid provision a valid one that most closely
approximates the intent of the Agreement.
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The laws of the State of Minnesota apply to this Agreement.
4. MERGER AND MODIFICATION. It is understood and agreed that the entire Agreement
between the parties is contained herein and that this Agreement supersedes all oral
agreements and negotiations between the parties relating to the subject matter hereof.
All items referred to in this Agreement are incorporated or attached and are deemed to
be part of this Agreement. Any alterations, variations, modifications, or waivers of
provisions of this Agreement shall only be valid when they have been reduced to writing
as an amendment to this Agreement and signed by the parties hereto.
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: DATE:
Mayor
SIGNED: DATE:
City Manager
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: DATE:
CHAIR, BOARD OF COMMISSIONERS
SIGNED: DATE:
SHERIFF
SIGNED: DATE:
COUNTY ADMINISTRATOR
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