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HomeMy WebLinkAboutWash Co Sheriff's Contract Documents THE CITY OF LAKE ELMO December 21, 2016 Sheriff William Hutton Washington County Sheriff's Office 15015 62°d Street N., P.O. Box 3801 Stillwater, MN 55082-3801 Dear Sheriff Hutton, At its December 20, 2016 meeting,the Lake Elmo City Council unanimously agreed to begin the process of hiring a Washington County Sheriff's Office Sergeant to begin service in the City of Lake Elmo beginning April 2, 2017. Please accept this letter as an official request on behalf of the City of Lake Elmo to add an additional Sergeant to the City's police protection services contract with the Washington County Sheriff's Office. We look forward to presenting this individual to the City Council and the public in April 2017. Thank you for your cooperation and continued service in the City of Lake Elmo. Sincerely, Kristina Handt City Administrator Cc: Honorable Mayor and City Council 3800 Laverne Avenue North •Lake Elmo •Minnesota 55042 Phone: (651) 747-3900 •Fax: (651) 747-3901 •www.lakeehno.org TERMINATION OF CONTRACT #189 BETWEEN COUNTY OF WASHINGTON, MN AND CITY OF LAKE ELMO, MN Contract#189 between the County of Washington and the City of Lake Elmo for the provision of law enforcement services shall terminate on the effective date of the new agreement for the provision of law enforcement services, which shall be January 1, 2017. COUNTY OF WASHINGTON, MINNESOTA CITY OF LAKE ELMO, MINNESOTA By: By: Date Date AGREEMENT FOR LAW ENFORCEMENT SERVICES This agreement ("Agreement") is made and entered into this day of , by and between the County of Washington ("County") and the City of Lake Elmo ("City") for the provision of law enforcement services to the City by the County. Whereas, the City is desirous of contracting for the performance by the County of the hereinafter described law enforcement functions for and within the political boundaries of the City through the Washington County Sheriff's Office; and Whereas, the County is agreeable to rendering such services on the terms and conditions hereinafter set forth; and Whereas, this Agreement is authorized and provided for by the provisions of Minnesota Statutes, Sections 412.221, Subdivision 2, 471.59 and 436.05. NOW, THEREFORE, pursuant to the terms of the aforementioned statutes and in consideration of the mutual promises contained herein, it is mutually agreed between the County and City as follows: I. Scope of Services 1. The County, through the Washington County Sheriff's Office ("Sheriff's Office"), agrees to provide law enforcement services within the corporate limits of the City, including but not limited to the following: a. Patrol services with random patrolling of residential areas, businesses, parks, and other public property; b. Enforcement of Minnesota State Statutes and-the ordinances of the City; c. Traffic enforcement, including the regular use of radar or laser as a speed deterrent; d. Criminal investigative and crime lab services; e. Responding to police, medical,fire, and other emergencies; f. Dispatching and other necessary communication services; g. Driver's license inspections, background checks, and license enforcement services as required under applicable state law and city ordinances; h. Enforcement of the Juvenile Code of the State of Minnesota, as applicable; and 1 i. Such other law enforcement functions and services as may be requested by the City and which encompass the duties and functions of the type customarily performed by a municipal police force except that the County shall not be required to provide an animal control officer to the City. 2. The County shall furnish and supply all necessary labor, supervision, administration, equipment, communication facilities and dispatching, and supplies necessary to provide the services required by this Agreement. The City shall furnish a secure office for the employees to work,at no cost to the County. 3. Violations of laws or ordinances for which an arrest is made shall be prosecuted in the appropriate court(s) of the County under the laws of the State of Minnesota or ordinances of the City, and fines, if any, shall be remitted in accordance with the laws of the State of Minnesota. 4. The County shall submit to the City a monthly activity report detailing the activities of the Sheriff's Office within the City. Said reports shall contain, at a minimum, the number of calls answered and the number of citations issued. II. Assumption of Liability/Insurance 1. Except as otherwise provided herein, the City shall not assume any liability for the direct payment of any salaries, wages, or other compensation to any County personnel providing law enforcement services to the City under this Agreement and the County hereby assumes said liabilities. 2. Except as otherwise provided herein, the City shall not be liable for compensation or indemnity to any County employee for injury or sickness arising out of their employment with the County and/or provision of law enforcement services to the City, and the County agrees to indemnify and hold harmless the City against any such claims. 3. The City and its officers and employees shall not be deemed to assume any liability for the intentional or negligent acts of the County or the County's agents, officers, or employees performing services pursuant to this Agreement, and the County shall hold the City and its officers and employees harmless from and shall defend and indemnify the City, its officers, and employees, against any claim for damages arising out of the County's performance of this Agreement. 4. The County and its officers and employees shall not be deemed to assume any liability for the intentional or negligent acts of the City or of any of the officers, agents, or employees of the City, and the City shall hold the County and its officers and employees harmless from, and shall defend and indemnify the County and its officers and employees against any claim for damages arising out of the City's performance of this Agreement, up to the municipal tort limits found in Minnesota Statutes, Section 466.04. 2 5. The County agrees to maintain, during the term of this Agreement, automobile, general liability, workers' compensation, and professional liability insurance or self-insurance in amounts deemed appropriate by the County. 6. All deputy sheriffs, clerks, dispatchers, and all other County personnel performing duties pursuant to this Agreement shall at all times and for all purposes be considered employees of the County. III. Payment 1. The City agrees to pay to the County the direct costs and expenses of providing the City with the law enforcement services provided for by this Agreement, including the full- time services of four (4) full-time equivalent (FTE) deputy sheriffs and one (1) full-time equivalent(FTE) deputy sheriff sergeant. 2. Direct costs and expenses shall mean the salaries, payroll taxes, and fringe benefits of the dedicated employees of the County who perform the law enforcement services to the City under this Agreement, as well as other related and customary costs incurred by the County as a direct result of providing the law enforcement services to the City under this Agreement. Direct costs and expenses shall be those described in Exhibit A. Direct costs and expenses shall not include items of cost and expense attributable to services and facilities provided or available to the City which by state law the County must provide. Computation of costs hereunder shall be made by the Sheriff's Office, Budgeting and Accounting Division. 3. The County shall bill the City on a semi-annual basis for the provision of services under this Agreement in accordance with the cost allocations found in Exhibit A, and the City' shall pay the amounts required of the City on a semi-annual basis by directing to the County a check or voucher payable to the County Treasurer. 4. The City's cost for law enforcement services under this Agreement for the upcoming year shall be furnished by the County to the City no later than August ls`of each year. IV. Cooperation of Parties 1. To facilitate the County's performance pursuant to this Agreement, the City and County shall work together to achieve the objectives of this Agreement for the benefit of the residents of the City. Each party to this Agreement shall designate a liaison for the purposes stated above. Meetings of the liaisons can be called by any of the parties as requested. 2. The manner and standards of performance, discipline and control of personnel, methods of providing law enforcement services, and other matters incident to the performance of law enforcement services under this Agreement, including personnel to be employed, shall be determined by the Sheriff's Office. 3 3. In the event the City, through its governing body or authorized agent, notifies the County that it is dissatisfied with the assignment of personnel for the performance of services under the Agreement and requests a change in assigned personnel, the County shall make a reasonable effort to effect a change in the assignment of personnel, provided that such a change does not jeopardize the ability of the County to provide services to other areas of Washington County in a timely and efficient manner. V. Additional Terms 1. It is understood that this Agreement contains the entire agreement between the parties, and that no statement, promises, or inducements made by any party hereto, or any officer, agent, or employee of any party hereto which is not contained in this written Agreement shall be valid and binding. This Agreement may not be modified except in writing, signed by all parties. 2. The effective date of this Agreement is January 1, 2017. 3. This Agreement shall remain in effect for a period of two (2) years, unless earlier terminated by operation of law. This Agreement shall automatically renew for periods of one (1) year following the expiration of the initial two (2) year term and/or any renewal term. The total duration of this Agreement including all renewal terms shall not exceed five (5) years. 4. This Agreement may not be terminated by any party during the first two (2) years from the effective date of the Agreement. This Agreement may be terminated at any time and without any financial penalty by any parry during any renewal term of the Agreement by giving the other parry written notice one hundred and eighty (180) days prior to the termination date. 5. The parties agree that any amendment to this Agreement which decreases the number of officers provided to the City shall not be effective until one hundred and eighty (180) days after the amendment has been executed by the parties. 6. Notices shall be sent: a. To the County: Washington County Attention: County Administrator 14949 62nd Street North P.O. Box 6 Stillwater, Minnesota 55082 Washington County Sheriff's Office Attention: Sheriff 15015 62nd St N P.O. Box 3801 Stillwater, MN 55082-3801 4 b. To the City: City of Lake Elmo Attention: City Administrator 3800 Laverne Avenue North Lake Elmo, MN 55042 7. This Agreement may not be assigned without the written consent of all parties. 8. This Agreement shall be construed under the laws of the State of Minnesota. 9. If any provision of this Agreement shall be held to be invalid, illegal, or unenforceable, the validity, legality, and enforceability of the remaining provisions shall not in any way be affected or impaired thereby. [The remainder of this page is intentionally left blank.] 5 IN WITNESS WHEREOF, the City has caused this Agreement to be signed by its Mayor and attested to by its City Clerk and the County has caused this Agreement to be signed by the Chairperson of its Board of County Commissioners and attested to by its County Administrator and the seal of the County and City affixed thereto. Dated: CITY OF LAKE ELMO, MINNESOTA By: Its Mayor ATTEST: By: Its City Clerk IN WITNESS WHEREOF, the City has caused this Agreement to be signed by its Mayor and attested to by its City Administrator and the County has caused this Agreement to be signed by the Chairperson of its Board of County Commissioners and attested to by its County Administrator and the seal of the County and City affixed thereto. Dated: COUNTY OF WASHINGTON, MINNESOTA By: Its Chairperson of the Board ATTEST: By: Its County Administrator Approu d as rm: - " Assist t'Wash gtoo. County Attorney 7 EXHIBIT A City of Lake Elmo 2017 Police Services 4.0 FTE Deputies, 1.0 FTE Sergeant WAGES Units Rate Amount Deputies Regular Pay 8,320 $33.70 $280,350.72 Holiday 352 $33.70 $11,860.99 Vacation 480 $33.70 $16,174.08 Sick Leave 160 $33.70 $5,391.36 Overtime 440 $50.54 $22,239.36 Sergeant Regular Pay 2,080 $43.85 $91,208.00 Holiday 88 $43.85 $3,858.80 Paid Time Off 160 $43.85 $7,016.00 Overtime 50 $65.78 $3,288.75 Shift Differential 5,200 $0.85 $4,420.00 Total Annual Wages $445,808.06 BENEFITS PERA 16.20% $72,220.91 Medicare FICA 1.45% $6,464.22 Employer Liability 8.00% $29,724.70 Medical Insurance $34,560.00 Life Insurance $95.00 Long Term Disability $555.00 Flex Credits $4,200.00 Uniform Allowance $3,935.00 Total Annual Benefits $151,754.82 OTHER EXPENSES Cost of Clerical Support $19,469.67 Cost of Supervision $33,670.15 Mileage 125,000 $0.56 $69,875.00 Total Annual Other Expenses $123,014.82 CREDITS State Aid Credit ($72,220.91) Total Annual Credits ($72,220.91) 6-48,:N66 8