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HomeMy WebLinkAbout7E Renewal of the Ramsey County Sheriff's Department Agreement for Police Services� - EN HILLs Request for Council Action ; _.___ __________ � __----._ ______ Prepared By: Ron Moorse, City Administrator Council Meeting Date: Noeernber 30, 2Q09 Renewal of the Ramsey County Sheriff s Department Agreement for Police Services Budgeted Aznour�t: Actual Amount: Funding Source: NA NA NA Recommendatron: 1. Motion to approve renewal of the Rarnsey County �heriff s Depar#ment Agreement far Po�ece Services SuAAortiq� Documents: 1. See the attached memo from Ron Moorse, City Administrator. 2. Ramsey County Sheriff's Department Agreement for Police Sezvices. � EN HILLS �u_. u �;�.i ►, DATE: Noverr�ber 30, 2409 TO: Mayor and City Coun.cil FROM: Ron Moorse, City Administrator SUBJECT: Renewal of the Ramsey County Sherif�'s Departme�t Agreement for Police Services Backgraund Police services are provided in Arden Hills through a cooperative arrangement with the Ramsey County Sheriff's Department and six other cities. The City's current thr�e year agreexx�.ent with the Ramsey County SherifPs Department for police services expires on December 31, 2009. A new agreement with a three year term beginning on January �, 2010, and expiring on December 31, 2D12 is attached far Council consideration. Recomrnendation It is recorz�xnended the agreement with the Ramsey County Sherif�s Department for police services be renewed far a three year term begintung January 1, 2010, and expiring on Decernber 31, 2Q12. Council Direction Reauested Motion regarding the renewai of the agreernent with the Rannsey County Sheriffls Department for police services for a three year term beginning January 1, 2410, and expiring an December 31, 2012. AGREEMENT F4R LAW ENFORCEMENT SERVICES This is an Agree�nent �etvveen the County of Ratt�sey (her�inafter referred to as the "COLFNTY"), and the City of Arden Hills (hereinafter referred to as the "MI.lNICIPALTTY"}, to �rovide law enfarce�nent services ta the MUNICIPALITY for the period carnmencing January t, 2010. WHEREAS, the COUNTY �tas a statutory ob�igataon to provide police protection within Ramsey County; and WHEREAS, the COUNTY has previously co�tracted �o provide iaw enforcement services to the cities of Arden Hills, Getn Lake, Little Canada, Nortl� Oaks, Shoreview, Vadnais Heights, and ta White Bear Township (hereina$er coilectivety r�fer�-ed to as the "MUN�CIPALITIES"), and WHEREAS, the MI.JNIC�ALITY has determined that it is in the best interests of the ME_TNIC�ALITY io continue to contract with the COLTNTY for law e�farcement services, thereby allowing %r the allocatian oFaverhead and other administrative casts over a larger po�ulation; and WHEREAS, the �ar�ies ta this Agreement intend to contract far �aw enforcernent functions witl�in the paiiiical boundaries oithe MUNICIl'ALITY thro�gh the Rarnsey County Sheriff; and WHEREAS, the COUNTY is ag�-eeable to rendering such services on the te�ns and conditior�s hereinafter set �'orth; and V1�HER�AS, such contracts are a�tharized and provided fvr by the pro�isions of Minnesota Statutes Sectior�s 471 S9 and �36.Q5, and Laws 1959, Chapter 372. NOW, THEREFORE, IN CONSIDERATION OF the mutual undertakings set forth he�ein, the COUNTY and the iVIUNICIPAL�TY agxee as follows: A. SCOPE OF SERVICES L The CO[JNTY agrees, tl�ough the Ramsey County Sher�ff's Department, to provide law enfore�ment services to the M[JNICIPAL�TY whic� will include, but not be limited ta, the following: a. Patrol services with random �atrolling af residential areas, t�usinesses, parks, and other public property areas; b. E�Forcerrient of Minnesota State Statutes and th� ordir�ances of the MUNIC IPALITY_ c. Traffic enforcement iacluding the regular use of radar or laser as a speed deterrent; d. Cr�me prevention programs such as Neighborhood Watcl�, as well as other business a�d r�sidential crir�ie prevention p�ograms; e. Crirninal investigative and cr�mes lab services; f. �o1�ow up an reparted crimes with persons who reparted �he crirr�e includiz�g routine notification by teiephone or �nail as ta the status of the investigation; g. Responses to medical, fire, and other emergencies; �. Coordination of vol�nteer programs sucl� as t�ie Corxux�unity Affairs Off cer and Reserve Prograr�s; i. Driver's license inspections, backgro�d checics and license enforcerrFent se�rvices as called for under applicable state law and ordinances of the MUN�CIPALITY; j. Speciai event naffc patrot and patrol services for coaununity festivals or other special cvents; and k. Attendance at Public Safety or City Council �neeiings as requested by the MUNICIPALITY. 2. The mar�ner ar�d standards of performance, the discipline of afficers, ar�d other Fnatt�rs incident to ihe provision af se�-vices under this Agc�eement, and tl�e conti-oi of persan�el so empiayed, shali be subject soleiy to the control of the COUNTY. In the event of a dispute b�trveen the parties as to t�ie extent of the duties and funciions to be rend.ered hereunder, or the level or manner of performance of s�ch service, the deiermination thereof made by the Sheriff of the COUNTY shall be final and conclusive as be�weer� the parties hereto, sub�ec# however, to the provisians of Section A.3. herein. 3. In the event the MUNICIPALITY, through its elected body or authorized ag�nt, noti�ies the COUNTY that tl�e MUNICIl'ALITY is dissatisfied vvith the assignment of personnel for the performance af services under this Agreement and requests a change in personnel, the COUN"rY shail make every effort to effect a change in the assignment of personn�I, provided ti�at such a change does not jeapardize the abiliiy af t�ie COUN'I'Y ta provide servicEs to ati�er areas of Ratt�sey County in a timely and efficient manner. 4. The COUN�`I'Y'S contractual obiigations under this Agreement do nai lessen the C4IlNTY'S obligatian to provide patrol and potice pro�ectian seivices tp Bellaire Beach, area takes, Ramsey Caunty o�en space areas, and regiona( park areas awned or operated by Ramsey �ounty and ail other areas under COUNTY jurisdiction located withir� th� polii�cal bo�t�daries of the M[JNICIPALITY. The COLTNTY'S contra.ctual abligations under this Agreem�nt shail also recognize the underlying, � stafiutory obligations that Ra�msey Couniy has to provide police protectian to the MUN�CIPALITY. 5. Services shalF be provided 24 haurs per day and shal� be performed by khe number of depu�ies and ath�r �erson.nel budgeted for in the COUNr£Y'S Approvec� Budg�t for these services to tl�e MiJNICIPALITYES. 6. To facilitate the C4UNTY'S performance pursuant to this Agreement, t�e MUNICIPAL�TY agrees �hat �he COUN'TY shall have fuli cooperation and assistance from the MUNICII'AL.TTY, its officer�, agents and empioyees. The MT_7NICTPALITY shal� designate a liaison to the Rarnsey Courtiy Sherif�s Department. The liaison shail atten� n�eetings of the S�eriff s Contract Cornmuniiies Comr�itte� and �hall represent their respective MUNICIPALITY at their meetings. The purpose ofth�se rneetings is to develop short-term and long range pians and to coordinate ar�d ae�alyze police service, to develop budget parameters foz dis�ributing casts between the municipalities, and other relat�d public service issues_ The Sheriffls Contract Co�rununities Cotturuttee shali aiso review any disputes vvhich arise betwee� the Mj.TNICIPALIT�ES andlor Sheriff's Departmen� and reco�turtend a resa�ution_ 7. The C4%TNTY shali furnish and supgiy all necessary labor, supervision, equipment, comrn�nicatian facilities and dispatching, and supplies necessary to provide services pursuant to this Agreement. S. All deputy sheriffs, cierlcs, c�ispatchers, and all other COLTNTY personnel performing �.�ties pursuant to this Agreement shall ai al1 times be cansidered employees of ttte COI_TNTY for all purposes. 9. The name of each af the NIUNICIPAL�TIES thai contract with the Sheriff s De�artment for law enforcertaent services shalI be affixed to alI squad cars a�d other major pieces of equipment used primarily witnin these MUNFCIPALITIES. B. ASSLTMPTION OF LIABILITIES/�NSURANCE 1. Except as otherwise pravided, tiie MLTNICII'ALTTY shall not be calIed upon to assume any (iabi�ity for the direct paytnent of any salaries, wages, or other compensatian to any COUNTY personnel performing servic�s here�nder for said MIJNrCIPALITY, and. the COUN'i'Y hereby assurrzes said liabilities. 2_ Except as �ierein o�herwise specified, the MUNTCIPALITY shall not be liabie for compensation or indemnity to any COUNTY etnplayee for injury or sickness arising out of this employ�t�ent, arid the COI_JNTY �iereby agrees to hold harrr�less the MUiVICIPALITY against any such claitn. 3. The M[JNICIPALITY, its officers, and employees, shall not be dee�ed to assume any liability for the intenrional flr negligent acis of the COUN'CY ar the COUNTY'S ernp�oyees performing services p�u-suar�t to this Agreement, and the COIJNTY s�all hoid the MTJNICIPALITY, its officers, and em�playees hartnless from and shall defend and indemnify the MI.TNICIPALITY, its af#icers, and err�ployees against any claim for damages arising out of the CO[JNTY'S perfarmance af this Agreement. 4. The COUNTY, its officers, and em�ioye�s shall not be deerned to assume any iiability for i�tentional or negligent acts of the MUN�CIl'ALITY or o� any other o�'ficers, agent or emplayee thereof, and the MUNTCIPALI'I'Y shall hold the COUNTY a�d its afficers and employees harmless frozr�, and shall defend and indemnify the COiJNTY and its of�cers ar�d emplayees against any elaim for damages arising out of the MUNICIPALITY'S periarrrzance of this Agreement. 5. The COUNTY agcees to maintain, during t�e tenn of t�►is Agreement, autar�obile, ge�eral liabil�ty, vvarkers' corn�ensation, and professional liability insurance in arnounts dee�ned appropriate by the COLTNTY_ The COLTNTY shall natne the MUNICIPALITY as an additional insured an these policies except fc�r the warkers' compensation policy. The MIJNYC�PALITY agrees ta pay, as a part oft�e actual cost as provided in Section 6 be�ow, a pro rata share of the COI.TNTY'S insurance costs. These costs shall include the costs for any assessz�en�s and credits for any dividends by participating in any insurance poals ar tr�sts. The COUNTY triay elect to se(f insure a!1 flr any portion of these r�sks. if the C4UNC'Y cannot obtain insurance andlor elects to self insure, t�ie MLIN�CIPALITY shall �ay a pro rata share of the costs of self-insurance, based on eac� MUNiCIPALITY'S share of the approved annnal �udget. �nsurance costs as they relate to insurance coverage sha11 include premiums and deductib�es. Casts oiseif-insurance s�all include reserves, c�aims and ciamage payments, acid adrr�inisiration costs required to rnaintain self- insurar�ce. 6. The M[JNICiPALYTY acknowiedges that the COUNTY may, in an effort to provide the best i�surance co�erage at the mast economical cost, become a metnber pf the Minnesota Counties Insurar�ce Trust or some similar organization; and the MiJNICIl'ALITY further acknowledges that membership in such ar� organizatior� rnay be for a fi�ed minimum terrrt and may expose the COLTNTY to some type of contingent cost iiability, such as debts, obIiga�ions and liabilities, in the event that the COUIVTY withdraws its �nemhership. The MUNICIPALITY agrees to reir�burse the COLJNTY for the MUNICIl'ALITY'S pro rata s�iare of any such n con�ingent cost liability arising du�-irtg ihe term of this Law Enforcement Service Contract and assessed against the COL7NTY. U�on notificatior� to the C�UNTY of any such contingent cost liability, ihe COIJNTY wiil notify the MUN�CIPALITY in a timely manner. C. TERM OF AGREEMENT/TERMINATION This agreemenfi shall co�mence January 1, 2fl10 and shall be in �ffect tl�ough December 3 i, 2012. If ei�her party intends not �o renew the agreement at the et�d o� its term, the party must notify the other party and o�her 1VIUNICiPALITIES in writing at least nine (9) caiendar months prior to the end of the contract term. If either party i�as �ot approved a s�ccessor agreeznent at the end of tbe term, the C�UN'TY wiil contin�e to provide law enforcement services in accordance with this agreernerzt. 2. Either party rnay terminate this Agreement at the end a�'a calendar year an�d prior to the end of the �errr� of the Agreement by notifying the other party to this Agreement and the other MUNICIPALITIES in writing of their intent to terrnina�e the Agreement at least r�ine (9} caIendar tnonths prior to the end of the ca�endar year. Notice ta the COUNTY shall be given ta the County Manager and Rarnsey County Sheriff, and Notice to the MUNICIPALITY shall be given to the MUNICIPALITY'S City Manager. Notice to the other MUNICIPALIT�ES will be given in accordance with the notice provisions of the cantracts befiween the COUNTY and the other 1ViUNICIPALITIE�. D. COST AND PAYMENT The MUNrCIl'ALITY agrees �o pay the COLTNTY t�e actual cost of providing a!1 services covered by this Agreement. Actual cost shalt mean the M�JNiCIPALITY'S pro rata share of the CQUNTY'S total cost oF providing patrol and police protectipn services as described in this Agreennent to the M��NTCIPAL�TIES with which the CQUNTY has agreements for the current contract year, inciuding, but not limited to the fo�lowing: sala.ries of employees engaged i� per�orming said services, includi�g vaca�ion and sick leave; mileage, uniforms; public employees r�tirement contributions; �rorkers' compensation, automobite, general liability and police pro%ssional liability insurance costs or the cost of self- insurance; general ov�rhead, including indirect expenses and supplies, radio unit expense, and hea.lth and welfare expense. The tenrrx "costs" as used herein shall not include items of expense attributable to services or facilities norft�aliy prav�ded or availab�e to all cities wi�hin the COUNTY as part of the C4UNTY'S obligation to enforce state taw. Computativn o� actual costs hereunder shali be made by t�e R.a�nsey Cour�ty $udgeting & Accounting Division based on infannation provided by the S�ierif£ 5 2. During the tern� o#�this Agreement, the COUN`I'Y shall ar��ally submii a Budget Estimate for the foliowing year of services to the Mi_TNICIPALrTY no later than August 1 ofthe current year. Said Budget Estirr�ate will be for the limited purpose of better enabling �he M�TNICIPALITY �o estimate its annual budget and tax levy_ �t is understood by the parties to this Agreerr�ent �hat saic� Sudget Estimate shail ia no way prevent the COLIIV I`Y from charging its actual cQsts. 3. �f t�e MUNICIPALITY does not allocate the necessary funding for its proportionate sha.re of the COUNTY'S Appro�ed Budget to the MUNICiPALITIES for a given y�ar, the MUNICIPALITY and the COf.JNTY must meet by January 3�! of t�e budget year in quesiian to review a.zld reach agreernent on rnodificatior}s to service levels provided by t�e COUNTY that are cansisteni with the MLTNICIPALITY'S budget and t�at recagnize the impact of these service level changes to ot�er MUNICIPALIT�ES that contract �vith the COUNTY for these services. �. Unless the COUNTY and MUNICIPALITY have reached agreement pursuant to the p�ior paragraph for a change in the Mf TNICIl'AL�TY'S cot�tributio�n, t�e COUNTY shali bill the MUNICIPALITY on a month2y �asis in advance in an arr�ount equal to one-twelfth {ll12) of the Budget Estimate #'or servic�s to tl�e MUNICIPALTTY_ T�e MUNICIPAL�TY s�iafl �ay the COIINri'Y within 45 days af receipt of the monthly siatement. At ihe ciose of the contract year, tI�e COUNTY will recor�cile the current year Budget Estit�ate and current year actual costs, shall provide a copy of the cuirEnt year actual cost to the M�_TN[CIl'ALITY, a�d shali either �ive a credit to the MUNrCIPALITY or bill t�.e MUNICI�ALITY for additional cos�s in excess oFthe Budget Es#irnate. E. GENERAL PRQVISIONS it is understood that prasecutions for violations of ordix�an.ces or state statutes, together vvith disposition of all fines collected pursuant therato, shali be in accordance with state statutes, state ru�es, and judicial orders. 2. The Rannsey Cot�nty SherifPs �ffice shall submit ta tl�e MUN�CIPALITY quarterly activity reports detailing the activities vf the Sheriff's Office t�nder this ag�eement witlun ihe MIJNICIPAL�TY. Said reports shall contain, at a minirraum, the n�mber of catls ar�swerec� and t�e number oF citatians issued. However, no infortnat�on will be provided which wouid vidate th.e Siate Da�a. Practices Act. 3_ T�e MUNICIPALITY rr�ay contract �rith the COUNTY for addiEional law enfarcert�ent services above ar�d beyond those provided ir� t�is agreement. 0 4. Any alterations, variations, tnodifications, or waivers of provisions of this Agreement shall only be valid when they have been reduced to writing, signed by authorized representaiives of the COUNTY and the MiJNICIFALITY and aitached to the original of tl�is Agreement. IN WITNESS WI•�EREOF, the MUNICIPALITY, by resolution duly adapted by its Council has caused this Agreement to be signed by Star� Harpstead, Mayor, and Ronald J. Moorse, City Adrninistrator, and the seal of the MUN�CIPAL�TY to be affixed here�o on the day tif December, 2009, and the COUNTY, by resolution o€ its Board of County Commissioners, has caused this Agreement to be sig�ed by the Chair and Chief Clerk of said Baard on the day of , 2009. COLJNTY OF RAMSEY : I� Jan Parker, Chair Baard of Ramsey County Comrnissioners Bonnie Jackelen, Chief Clerk Board of Rar�sey County Commissioners APPROVAL RECOMMENDED: Bob Fletcher Sheriff of Ramsey Co�nty APPROVED AS TO FORM: Assistar�t Ramsey County Attorney FUND: Office of B�dget and Accounting CITY OF ARDEN HILLS : : Stan Harpstead Mayor Ronald J_ Moorse City Adz�ninistrator 7