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E-5. Approval of 2018 Police Contract with Carver County Sheriff’s Office.L .. .... . ...... . ... . ..... CI T"Y OF C IAXII. ASSE N .................. 0wfliassen rs a (,�°oima,iuno foii° i.ii,fe­ !,)'Witfi,ig forToday aii,id FI&n6q for fimrioirrow MEMORANDUM ® Mayor & City Council FROM: Todd Gerhardt, City Manager DATE: December 11, 2017 RE: 2018 Law Enforcement Contract "The Chanhassen City Council approves the 2018 Contract for Police Services with Carver County." Attached to this report is the proposed 2018 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 2018 will include 15 sworn officers and 8 vehicles divided into the following structure: PERSONNEL COSTS 8 FTE Patrol Deputy (2184 hours) = $857,856 I FTE Patrol Deputy (2080 hours) = $102,465 2 FTE Sergeants (2184 hours) = $277,566 I FTE Sergeant (2080 hours) = $135,494 I FTE Liaison Lieutenant 12080 hours) $142,764 11 FX952,227.1110 . . ........... . ..................... . .. . . . . .......... '7 7 00 NA A R K IE II" 113 0 U L E l I3 D - IF1CD 130 X :1 17 C I I1,JV IA �':; S E14 - NI 1:`1 N E. S 0 TA �5 5 3 :1, 7 FTE Investigator (2080 hours) = $102,465 FTE School Resource Deputy (2080 hours) =_' $102,465 CSO (26 hours) = $1,004 U'r "'M I Iral a 5 Patrol Vehicles $103,700 1 Investigator Vehicle $2,542 1 Lieutenant Vehicle $2,542 1 School Resource Vehicle $5,702 TOTAL COST $1,836,565 The contract does not provide for overtime, which may be required to backfill deputy shifts 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. The City of Chanhassen employs two part-time CSOs, but because of the part time schedule and the natural turnover in that position there are times when no city staff coverage is available. To account for these gaps in coverage we contract for a small allotment of Carver County CSO hours to assist when necessary. These hours will be charged upon actual use. In addition to the contract amount, the City of Chanhassen has historically participated in the Southwest Metro Drug Task Force (SWMDTF). For 2018, the cost of participation is $2,100, which has been the same rate since 2005. These costs are paid directly to SWMDTF. 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 $1,836,565 for 2018 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. 1. 2018 Contract for Police Services g:\admin\cp\ccso\pohce contract\2018\staff report 2018.doc THIS AGREEMENT, made and entered into this day of ? by and between tht County of Carver, through its Sheriffs Office (hereinafter, "County"), and the City of Chanhassen (hereinafter, the "City"), • collectively known as the •. WHEREAS, the City desires to enter into a contract with the County whereby the County will provide •• services within the boundaries •" 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 WHEREAS, said contract is authorized by Minnesota Statute, Section 471.59, 436.05, a Minnesota Statute, Section 366 • 367; 1 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. 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: L - shall encompass those police duties 1.1 Police services to be provided under this contract and functions which are the type statutorily deemed to be the responsibility of the U.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; Page 1 of 7 1.I In the event a dispute arises •* the parties • the type • 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 r-.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 • the County, a #• emergency •' 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). 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 ikw&�rwoice 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. tollIT111*1 TiZIMs UW -1 W Unilf-11jok ftjtu�-�� 9§1 1 i 0 personnel, agents and employees shall render Tull cooperation and assistance To eacn oTne facilitate the provision • the services selected herein. 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. F -v. 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 tM- selected services. It is agreed that all personnel shall •* 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. 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. It is further understood that Minnesota 471.59, 5ubd. 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 -twv"41 i f—r #,,oses 11 that statute, each party to this Agreement expressly declines responsibility for the acts or omissions of the other party. I 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,&dgm-ent 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 • in Minnesota Statutes, Section 471.59, Subdivision '..r is 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. -6spile rTfr t FF -F 12" -FUN in) For purposes OT aetermining Totai jrcfamagFs� Wrtlurpldmr6 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. Page 3 of 7 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 bz provided by the County. TERM. The term of this contract shall be January 1, 2018 to December 31, 2018. The termM of this Agreement may be extended for up to an additional sixty (60) days under the sam terms and conditions, provided the parties are attempting in good faith to negotiate a ne Agreement. This Agreement extension shall automatically terminate upon the parties' r entering into a new written Agreement, or on the sixtieth (60th) day, whichever occurs fi I 2. RATE. The Sheriffs Office has presented the City with a recommended police plan whill includes the police contract rates. 114folipallATMI[il,of W 70THM? 3.2 On or before August 15 of the current contract year, the County shall notify the City Q 3.3 The City shall notify the County of its intention to contract for •• services for the presume the City does not desire to enter into an Agreement with the County for police services. Commander Paul Tschicla 606 East 4 1h Street Chaska, MN 55318 . ............. Office: 952-361-1207 Cell: 952-457-7302 Page 4 of 7 City of Chanhassen 7700 Market Blvd. PO Box147 Chanhassen, Mn. 55317 Phone: 952-227-1100 f -0 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. or credit back the time for military leave after the first 40 hours. n will not be backfilled; it will be treated like sick leave. The Sheriff's Office will -10f- FIVILA 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 $64.17. ff, mmimma Hours worked on a designated holiday will be billed at double the FTE's hourly t,,,ay rate per the collective bargaining agreement(s). Sergeant 1 (2080 FTE) $135,494 Deputy 1 (2080 FTE) $102,465 Deputy 8 (2184 FTE) $857,856 Sergeant 2 (21 84 FTE) $277,566 Investigator 1 (2080 FTE) $102,465 SRO 1 (20 80 FTE) $102,465 Lieutenant 1 (2080 FTE) $142,764 CS0 26 hours $1,004 Page 5 of 7 Patrol Vehicle 5 $103,700 SRO vehicle 1 $5,702 Investigator vehicle 1 $2,542 Lieutenant 1 $2,542 TOTAL POLICE SERVICES $1,836,565 2. PAYMENT. The Sheriff shall invoice one half of the total amount of the current year police staffing option cost hereunder, or $918,282.50 to be paid on or before June 30 of the current contract year. The Sheriff shall invoice the remaining half, or $918,282.50 to be paii on or before November 30 of the current contract year. ly �Ijjpllll i 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 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 tosubstitute for the invalid provision a valid one that most closely Page 6 of 7 zumwim�� 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. PICTAW XR2N=,- 4 . 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 on this day of I SIGNED: DATE: CHAIR, BOARD OF COMMISSIONERS SIGNED: DATE: SHERIFF SIGNED: DATE: COUNTY ADMINISTRATOR Page 7 of 7