HomeMy WebLinkAboutRES 17-034 RELATING TO CONTRACT AGREEMENT FOR POLICE SERVICES BETWEEN THE CITY OF ST. ANTHONY AND THE CITY OF FALCON HEIGHTSCITY 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.
Therefore, a Contract amendment will be required to ensure that each party is responsible for the
financial risks associated with events which occur within their respective City limits; and
WHEREAS, it is to the advantage of both Falcon Heights and St. Anthony to have early
discussions regarding this contractual issue prior to the June 15, 2017 Contract deadline for the
establishment of 2018 fees.
NOW, THEREFORE, BE IT RESOLVED, by the City of St. Anthony, Minnesota as
follows:
The City of St. Anthony intends to exercise in 2017 its rights under the Contract
Agreement for Police Services, dated July 22, 2014, between the City of St.
Anthony and the City of Falcon Heights by providing proper notice and requiring
that the relevant Contract provisions regarding liability, indemnification and
related financial risk to St. Anthony be modified in a manner that assigns each
party with the financial risks associated with events which occur within their
respective City limits.
Adopted this 28th day of March, 2017.
ATTEST: Mz� ,✓
Nicole Miller, City Clerk
Reviewed for administration:
Jerome O Faust, Mayor
&
Mark Casey, City Mdrnager