HomeMy WebLinkAbout#07 - Sheriff's ContractDATE: November 16, 2021
CONSENT
TO: Honorable Mayor and City Council
FROM: Jake Dickson, Assistant City Administrator
AGENDA ITEM: Contract with Washington County Sheriff’s Office
BACKGROUND: The current Agreement for Law Enforcement Services with Washington County Sheriff’s Office
was executed January 1, 2017 and will expire at the end of this year.
ISSUE BEFORE COUNCIL: Should the Council approve the Law Enforcement contract with the Washington County Sheriff’s Office? PROPOSAL DETAILS/ANALYSIS: The 2022 Agreement for Law Enforcement Services with Washington County provides police coverage for Lake Elmo with a scope of services including, but not limited to:
•Patrol service with random patrolling of residential areas, businesses, parks and other publicproperty
•Enforcement of Minnesota State Statutes and the ordinances of the City
•Traffic enforcement, including the regular use of radar or laser as a speed deterrent
•Criminal investigative and crime lab services
•Response to police, medical, fire, and other emergencies
•Dispatching and other necessary communication services
•Driver’s license inspections, background checks, and license enforcement services as requiredunder applicable state law and city ordinances
•Enforcement of the Juvenile Code of the State of MinnesotaThis agreement provides policing services from 5 FTE Sheriff’s Deputies and 1 FTE Sergeant. FISCAL IMPACT: The annual contract cost for 2022 is $946,409.70 which is consistent with the proposed 2022 General Fund
Budget. OPTIONS: 1.Approve the Agreement for Law Enforcement Services as presented.
2.Amend and then Approve Agreement for Law Enforcement Services.3.Do not Approve Agreement for Law Enforcement Services.RECOMMENDATION: If removed from the Consent Agenda:
“Motion to Approve the Agreement for Law Enforcement Services with Washington County Sheriff’s
Office.”
ATTACHMENTS:
•Agreement for Law Enforcement Services with Washington County Sheriff’s Office.
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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
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.
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SHERIFF'S OFFICE
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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.
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 five (5) full‐
time equivalent (FTE) deputy sheriffs and one (1) full‐time equivalent (FTE) deputy sheriff sergeant.
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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 1st 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.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.This Agreement shall supersede any and all preceding agreements between the County and the City
for the provision of law enforcement services. Any and all preceding agreements shall terminate on
the effective date of this Agreement.
3.The effective date of this Agreement is January 1, 2022.
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4.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.
5.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 party during any renewal term of the Agreement by giving the other party written
notice one hundred and eighty (180) days prior to the termination date.
6.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.
7.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
b.To the City:City of Lake Elmo
Attention: City Administrator
3800 Laverne Avenue North
Lake Elmo, MN 55042
8.This Agreement may not be assigned without the written consent of all parties.
9.This Agreement shall be construed under the laws of the State of Minnesota.
10.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.
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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.
Dated: _____________ CITY OF LAKE ELMO, MINNESOTA
By: ________________________________
Its Mayor
ATTEST:
By: _________________________
Its City Clerk
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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.
Dated: _____________ COUNTY OF WASHINGTON, MINNESOTA
By: ________________________________
Its Chairperson of the Board
ATTEST:
By: _________________________
Its County Administrator
Approved by County Attorney
Brent Wartner August 12, 2021
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EXHIBIT A
City of Lake Elmo
2022 Police Services
5.0 FTE Deputies, 1.0 FTE Sergeant
WAGES Units Rate Amount
Deputies Regular Pay 10,400 $37.77 $392,759.05
Holiday 440 $37.77 $16,616.73
Vacation 600 $37.77 $22,659.18
Sick Leave 200 $37.77 $7,553.06
Shift Differential 8,320 $1.00 $8,320.00
Overtime 550 $56.65 $31,156.37
Sergeant Regular Pay 2,080 $51.11 $106,303.92
Holiday 88 $51.11 $4,497.47
Paid Time Off 160 $51.11 $8,177.22
Overtime 50 $76.66 $3,833.07
Total Annual Wages $601,876.07
BENEFITS
PERA 17.70% $106,532.07
Medicare FICA 1.45% $8,727.20
Employer Liability 4.50% $22,457.83
Medical Insurance $85,673.29
Life Insurance $84.00
Long Term Disability $696.00
Flex Credits $5,160.00
Uniform and Vest $6,065.00
Total Annual Benefits $235,395.39
OTHER EXPENSES
Cost of Clerical Support $26,780.51
Cost of Supervision $48,198.82
Radio/Gun/Taser Replacement 6 $700.00 $4,200.00
Body Worn Cameras 6 $700.00 $4,200.00
Mileage 150,000 $0.559 $83,850.00
Total Annual Other Expenses $167,229.33
CREDITS
State Aid Credit ($58,091.09)
Total Annual Credits ($58,091.09)
Total Annual Contract Cost $946,409.70