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2025 Police Contract - Chanhassen - ExecutedCONTRACT FOR POLICE SERVICES Chanhassen THIS AGREEMENT, made and entered into this 9th day of December, 2024 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 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, Minnesota Statutes, section 436.05 allows the sheriff of any county to contract for the furnishing of police service to a municipality; and WHEREAS, this Agreement is authorized by Minnesota Statutes, section 471.59, and 436.05; NOW, THEREFORE, it is agreed between the parties as follows: ARTICLE I PURPOSE: The purpose of this Agreement is to secure police services for the City in the manner as hereinafter set forth. 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 within the City's corporate limits of which the Sheriff and duly assigned deputies shall exercise all the police powers and duties of city police officers as provided by Minnesota Statutes, section 436.05. 1.2 The County shall solicit City input related to assignment of personnel before making assignments. The County shall give thoughtful consideration to the City's input and shall retain the full and unrestricted right to assign personnel as necessary. Page 1 of 8 1.3 The County shall pay for all training costs associated with assigned personnel to maintain POST licensure and any other agency authorized training. 1.4 At a minimum, the County shall provide the City with monthly, quarterly, and annual reports including but not limited to calls for service by offense type, hour of the day, and day of the week. Such reports shall include an arrest summary, traffic citation summary, and verbal warning summary. Additionally, the County shall provide quarterly and annual reports showing the contract costs and actual staffing hours worked for all contract positions. 1.5 The rendition of services, the standard of performance, the discipline of deputies, and other matters of incident to the performance of such services and control of personnel so employed shall be and remain in and under control of the County. 1.6 The rendition of services shall include the enforcement of Minnesota State Statutes and the municipal ordinances of the City. 1.7 At the City's request, the County (i.e., Sheriffs contract manager or designee) shall meet with the City to discuss any questions, concerns, or requested modifications to the type of services provided, or manner in which such services are provided. In the event a dispute arises between the parties concerning services provided pursuant to this agreement, the County shall in good faith discuss a plan with the City; however, the County retains the sole discretion in determining modification of the delivery of services to address the dispute (e.g., reassignment of personnel, types of patrol, level of service available). 1.8 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 at the rate for additional hours identified under Article VII and the City shall make payment pursuant to Minnesota Statute, Section 471.425, subd. 2(a). Page 2 of 8 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. a). The County shall provide all necessary labor, supervision, vehicle, equipment, and supplies to maintain and provide the police services selected herein. All County property and equipment used in rendering services under this Agreement is, and shall remain, County property. b). The City shall provide outdoor storage within the corporate limits of the City for patrol cars used for providing services pursuant to this Agreement. Indoor parking is at the discretion of the city and if chosen, no cost for maintenance of city facilities will be incurred by the county. 2. OFFICE SPACE. Police services shall be conducted out of office space selected and provided by the City that is sufficient to provide for the office needs of the assigned personnel. 3. FINANCIAL LIABILITY. The City shall not be responsible or liable for the payment of any salaries, wages, or other compensation to personnel employed by the County to perform services under this Agreement. 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. 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 City and County 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 Statutes, section 471.59, Subd. 1a 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 Page 3 of 8 of liability, all as set forth in Minnesota Statutes section 471.59, Subd. 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. 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. (a) This Agreement to indemnify and hold harmless does not constitute a waiver by either party of immunities from, or limitations on liability provided under Minnesota Statutes Section 466.04. For purposes of determining total liability damages, the parties are considered a single governmental unit and the total liability shall not exceed the limits on governmental liability for a single governmental unit as specified in State Statutes, section 3.736 or section 466.04, Subdivision 1. 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, 2025, to December 31, 2025. 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. Unless otherwise terminated in accordance with Article VI, section 3 of this agreement, this Agreement shall automatically terminate upon the parties' entering into a new written Agreement, or on the sixtieth (601^) day, whichever occurs first. 2. NOTICE. 2.1 If either party does not desire to enter into a contract for police service for 2026, such party shall notify the other party in writing by July 1, 2025. 2.2 The City, if electing to terminate or discontinue contracted services, or decrease contracted police services, shall pay all unpaid personnel costs (e.g., OT and annual carryover), as determined by the County. Page 4 of 8 2.3 On or before June 1, 2025, the County shall notify the City of the proposed budget for the police contract for the following calendar year. The proposed budget will be evaluated through the normal City budget process. 2.4 Notice under the above provisions shall be sent to: Commander Mike Wollin Carver County Sheriff's Office 606 East 4th Street Chaska, MN 55318 952-361-1857 mwollin@co.carver.mn.us ARTICLE VII MENU OF POLICE SERVICES 1. POLICE STAFFING OPTIONS City of Chanhassen Laurie Hokkanen, City Manager 7700 Market Blvd. PO Box 147 Chanhassen, MN 55317 Phone: 952-227-1119 Hokkanen@ci.chanhassen.mn.us 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 eighty (84) hours for a 2184 FTE or if a 2080 FTE, the first eighty (80) 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 84 hours or 80 hours of leave, whichever is commensurate with the designated FTE work schedule. The first eighty (84) hours for a 2184 FTE or if a 2080 FTE, 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 84 hours or 80 hours of FMLA is completed, whichever is commensurate with the designated FTE work schedule. Page 5 of 8 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 $90.63. 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). 1.2 PERSONNEL COST The County agrees to provide police services within the corporate City limits. Costs are set forth as follows: Deputy 8 FTE (2184 hours) $1,213,960 Sergeant 4 FTE (2184 hours) $663,888 Investigator 1 FTE (2080 hours) $144,995 SRO 1 FTE (2080 hours) $144,995 Lieutenant 1 FTE (2080 hours) $168,978 CSO 26 hours $1,117 1.3 VEHICLE COST Patrol Vehicle 6 $153,924 SRO Vehicle 1 $6455 Investigator vehicle 1 $4145 Lieutenant 1 $1,200 1.4 TOTAL POLICE SERVICES $2,503,657 2. PAYMENT. The County shall invoice the City for one half of the total contracted amount of the current year police staffing option cost hereunder, or $1,251,828.50 to be paid on or before June 30 of the current contract year. The County shall invoice the remaining half, or $1,251,828.50 to be paid on or before November 30 of the current contract year. The City shall promptly pay such invoiced amounts in accordance with applicable law. By April 1, 2024, the County shall provide the City a reconciliation of the previous year's actual costs for calendar year 2022. Payment by the County, depending on actual costs, shall be paid within 30 days. The Sheriff shall inform the City of the actual CSO hours worked for the year and then reimburse the City for unused CSO hours, bill for additional hours or deduct from applied year end credit for unfilled deputy FTE hours. Page 6 of 8 3. MINNESOTA STATE POLICE AID. The County, upon receiving Minnesota State Police Aid, shall reimburse the City pursuant to Minnesota Statute, section 69.011 for all eligible contract staff. 4. POST REIMBURSEMENT. The County, upon receiving continuing education reimbursement, shall reimburse the city pursuant to the MN Administrative Rules, Peace Officer Standards and Training Board, Chapter 6700, part 6700.1800. 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 Statutes Chapter 13, or the appropriate Rules of Court and shall only be shared pursuant to laws governing that particular data. 2. AUDIT. Pursuant to Minnesota Statutes, 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. 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. Page 7 of 8 IN WITNESS THEREOF, the City has caused this Agreement to be executed by its Mayor and by the authority of its governing body on this q day of 66< . SIGNED: DATE: II jq Mayor IV SIGNED: T1 ° 40 U City Manager DATE: lawyl -e/ 9, ;�0 � 4 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: zf DATE: �r z� CHAIR, BOARD OF C MISSIONERS SIGNED: DATE: S H E R If Attest SIGNED: DATE: Z' COUNTY A6M INIS TOR Page 9 of 8