RES 17-034 RELATING TO CONTRACT AGREEMENT FOR POLICE SERVICES BETWEEN THE CITY OF ST. ANTHONY AND THE CITY OF FALCON HEIGHTS

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CITY OF ST. ANTHONY STATE OF MINNESOTA RESOLUTION 17-034 RESOLUTION RELATING TO CONTRACT AGREEMENT FOR POLICE SERVICES BETWEEN THE CITY OF ST. ANTHONY AND THE CITY OF FALCON HEIGHTS WHEREAS, the City of St. Anthony ("St. Anthony") has provided police services to the City of Falcon Heights ("Falcon Heights") for approximately 22 years through a Contract Agreement for Police Services ("Contract"); and WHEREAS, the current Contract is dated as of July 22, 2014, and continues until December 31, 2019, unless terminated according to its terms; and WHEREAS, the Contract requires Falcon Heights to pay St. Anthony $672,590 for calendar year 2017, and that St. Anthony and Falcon Heights shall establish the fee for services for calendar year 2018 no later than June 15, 2017; and WHEREAS, if the amount of increase proposed by St. Anthony by June 15 exceeds three percent of the current year's fee and is not accepted by Falcon Heights by June 15, then either Falcon Heights or St. Anthony may provide notice to the other by July 15 that that all terms of the Contract are being re -opened for negotiation and if no new agreement is arrived at, the Contract expires at the end of that year; and WHEREAS, either St. Anthony or Falcon Heights may provide notice to other party, by July 15 of every year, of its intention to terminate the Contract and, if such notice is given, the Contract expires at 11:59 p.m. on December 31 of the year in which the notice is given; and WHEREAS, the Contract currently provides that "St. Anthony will be responsible for all liability incurred as a result of the actions of its employees, volunteers and agents..., and will hold Falcon Heights, its officers and employees harmless for any liability resulting from action of a St. Anthony employee, volunteer or agent and shall defend Falcon Heights in the event of a claim, action or liability;" and WHEREAS, St. Anthony has incurred emergency unbudgeted expenses, regarding the officer involved shooting that occurred on July 6, 2016; and WHEREAS, the existing liability and indemnification in the Contract had not, in approximately 22 years, caused any extraordinary expenses to St. Anthony, but the extent to which St. Anthony may carry financial risk due to actions which occur within Falcon Heights is now a known financial risk to St. Anthony; and WHEREAS, it would be inappropriate for St. Anthony to continue to assume this risk on behalf of Falcon Heights given its minimal public purpose to the taxpayers of St. Anthony.