HomeMy WebLinkAbout4E, 2010-12 Agreement for Law Enforcement Services�
EN HII.LS
Request for Council Action
._. __._.__----� ------ -
Prepared By; Patrick Klaers, City i
I Council Meeting Date: March 28, 2011
Administrator �
2010-12 Agreement for Law Enforcement �ervices
Budgeted Amount: Actual Amo�t: F�di�g Source:
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Recommendation:
City Council adoption of a motion approving the 2010-12 Agreement for Law Enforcemeni
Services.
SupAortin� Documents:
1. Memorandurn dated March 28, 2U11, from Patrick Klaers, City Administrator.
2. Agreeme�t �or Law En�arcerr�ent Services.
�
EN HILLS
MEMORANDUM
DATE:
TO:
FROM:
March 28, 2011
Honorable Mayor and City Councilme�nbers
Patrick Klaers, City Admin'rs�rator ���(,/��
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SUBJECT: 2010-IZ Agreement for Law Enforcement Seirvices
Back�round
At ihe March 21, 2011, Council Work Session discussion took place regarding the 2010-
12 Agreement between the City and Ramsey County far Law En�axcement Sezvices. At
the end of the discussion, the Council requested that tne Agreement be put on this agenda
for consideration.
Recommendation
Ii is recornmended that the City Cauncii approve the atta.ched 20 � 0- l. 2 Agreezx�ent.
Ite uested Action
City Council adoption of a motion approving the 2010-12 Agreernent for Law
Enforcemenf Services.
Attachments
Agreeme�t for Law Enforcement Ser�vices
City Council Meefiing
P:IAdminlCounciIlAgendas & Packet Information120 1 113-2 8-1 1 RegularlPacket InFor�nationl3-28-11Sheriffs Contract.doc
Page 1 of �
AGREEMENT FQR
LAW ENF�RCEMENT SERVICES
This is an Agreement between t�e County of Ramsey (hereinafter re�errec� to as
the "COUNTY"), and the City of Arden Hills (hereinafter referred ta as tl�e
"MUNTCTPALITY"), to pravide law enforcemeni se�vices ta the MUNICIPALITY for
the peario�. commencing January 1, 2010.
WHEREAS, the COUNTY has a statutory obligation to provide police protectian
within RaFnsey County; and
WHEREAS, the COUNTY has previously contracted to provide law enforcernent
services to the cities of Arden Hills, Gem Lake, Little Canada, North Qaks, Shoreview,
Vadnais Height�, and to White Bear Township (hereinafter colleciively referred to as the
"MUNICTPALITIES"), and
WHEREAS, the MUNICTPALITY has determined that it is in the best inierests of
the MIJNICIPALITY to continue to contract with the COUNTY for law enforcement
services, thereby allowing for the allocation of overhead and other administrative costs
over a larger population; and
WHEREAS, ihe parties to this Agreement intend to contrac# for law enforcernent
funciions wi�n the political boundaries o�the MUNYCIPALITY through the Ramsey
Connty Sheriff; and
WHEREAS, the C�UNTY is agreeable to rendering such services on ihe terms
and co�ditians hereinafter set forth; and
WHEREAS, such contracts are authorized and provided for by th� provisions of
Minnesota Statutes 5ectians 471.59 and 436.05, and Laws 1959, Chapter 372.
NOW, THEREFORE, IN CONSIDERATION OF the mutual undertakings set
forth herein, the COUNTY and the MLTNICIPALITY agree as �ollows:
A. SCOPE OF SERVICES
The COUNTY agrees, through the Ramsey County Sheri��s Department,
to provide law enforcement services to the MUNICIPALITY which �vill
include, but not be limited to, the follawing:
a. Pairol services with random patrolling af residential areas, businesses,
parks, and other public property areas;
b. Enfarcement oi Minnesota State Statutes and the ordinar�ces of the
MUNICIPALITY.
c. Traffic enforcement including the regular use of radar or Iasex as a
speed deterrent;
d. Crime prevention prograrr;s such as Neighborhood Watch, as well as
other business and residential crim� prevention �rograrns;
e. Cariminal investigative and crimes lab services;
f. Follow up on reparted crimes with persans who reported the crime
including routine notification by telephone ar mail as to the status of
the investigation;
g. Responses to medical, fire, and other emergencies;
h. Coardinaiion of volunteer programs such as the Community Affairs
Officer and Reserve Programs;
i. Driver's license inspections, background checks and license
enforcement services as called for under applicable state law and
ordinances of tbe MUNICIPALITY;
j. Special event traffic patroi and patrol services for community festivais
or ather special evenis; and
k. Attendance at Public �afety or City Council meetings as requested by
�he MLTNICIPALITY.
2. The manner and standaz�ds of performance, th.e discipline of officers, and
other matters incident to the provision of services u.nder this Agree�nent,
and �he conirol of personnel so employed, shall be subject solely to the
coniral of the COLTNTY. �n the event of a dispute b�tween the parties as
to the extent of the duties arid functions to be rendered hereunder, or the
level or rnanner o�performance of such service, the determination thereof
made by th.e Sheriff of the COUNTY shall be final and conclusive as
between the parties hereto, subject however, to the provisions af Section
A.3, herein.
3. In the event the MUNICIPALITY, through its eiected body or authorized
agent, notifies tb.e COUNTY that the MiJNICIPALYTY is dissatisfied with
the assignment of personnel for the performance of services under this
Agreement and requests a change in personnel, the COUNTY shall rnake
every 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 Ramsey County in a timely and efficient
manner.
4. The COUNTY'S contractual obligations under tk�is Agreement clo not
lessen the COLTNTY'S obligation to provide patrol and police protection
services to Bellaire Beach, area lakes, Ramsey County open space areas,
and regianal pa�rk areas owned or operated by Ramsey County and aIl
other areas under COiJNTY jurisdiction located within the political
boundaries of the MLTNICIPALITY. The COUNTY' S contractual
obligations under this Agreement shall alsa recognize the underlying,
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statutory obligations that Ramsey County has to provide police protection
to the MUNICII'ALYTY.
5. Services shall be provided 24 hou�rs per day and shall be performed by the
number af deputies and other personnel budgeted far in th� COiTNTY'S
Appraved Budget for these services to the MUNICIPALITIES.
6. To facilitate the C�UNTY' S performance pursuant to this Agreement, the
M[JNICIPALITY agrees that the COUNTY shall have fi�ll cooperation
and assistance froz� the MUNICIPALITY, its officers, agents and
ernployees. The MLTNICIPALITY shall designate a liaisan to ti�e Ramsey
County Sheriff's Department. The liaison sha11 attend meetings of the
Sheriff's Coniract Communiti�s Cornrnittee and shall represent their
respective MUNICIPALITY at their rneetings. The purpose of these
meetings is to develop short-term and long range plans and to coordinate
and analyze police service, to develop budget parameters for disiributing
costs betvaeen the municipalities, and otk�er related public service issues.
The Sheriff's Contract Communities Co�nnamittee shall aisa review any
disputes which arise between the MLTNICIPALITIES and/or Sheriff's
Departxnent and recommend a resolution.
7. The COLTNTY shall furnish and supply all necessary labor, supervision,
eqnipment, communication faciiities and dispaiching, and supplies
necessary to provide services pursuant to this Agreement.
S. All deputy sherii�s, clerks, c�ispatchers, and all other COUNTY personnel
performing duties pursuant to this Agreement shall at all times be
considered employees of �he C�LTNTY for all purposes.
9. The name of each of the MLTN�CIAALITIES that contract with tkxe
Sheriffls Department for law enforcement �ervices shall be affxed to all
squad cars and other maj or pieces of equipment used primarily within
these MLTNICIPALITIES.
B. ASSUMPTION 4F LZABILITIESIINSURANCE
Except as atherwise provided, the Mi.TNICIPALITY sha11 not be called
�pon to assurme any liability for the direct payme�t of any salaries, �xrages,
or other compensation to any CO[JNTY persoz3nel performing s�r�vices
hereunder for said MUNICIPALITY, and the COIJNTY hereby assumes
said Iiabilities.
2. Except as herein otherwise specified, the MLTNtCIPALITY shall not be
liable far cozxipensation or indemnity to any COLTNTY employee fox
injury ar szcl�ess arising out of this employment, and the CQUNTY
hereby agrees io hoid harnlless the MUNICIPALITY against any such
claim.
3. The MLTNICIPALITY, its officers, and employees, shall not be deemed io
assume any liabiliiy for the intentional or negiigent acts of the COUNTY
ar the COUNTY'S em�loyees perforrning services pursuani to this
Agreement, and the COLTNTY shaIl hold the MUNICIPAL�TY, its
officers, and employees hartnless fram and shali defend and indemnify ihe
NIUNTCIPALITY, iis officers, and employees against any claim for
damages arising out of ihe COUNTY' S performaa�ce of this Agreement.
4. The COUNTY, its officers, arxd employees shall not b� deemed to assume
any liability for intentional or neg�igent acts of the Mi_TNICIPALITY or of
any other afficers, agent or employee thcreof, and the MiJNICIPALITY
shall hold the COUNTY and its officers arid employees harmless from,
and sha11 defend and indemnify tl�e COIJNTY and its officers and
employees against an� claim for damages arising out of the
MiJNICIPALITY' S perfarmance of this Agreement.
5. The COUNTY ag�ees to maintain, during the term o�this Agreement,
automobile, generalliability, woxkers' compensation, and pxafessional
liability insurance in amounts deemed appropriate by the COUNTY. The
COUNTY shall name the MUNICTPALITY as an additional insure� an
these policies except for the workers' co�npensation policy. The
MUNICIPALITY agrees to pay, as a part of the actual cosi as provided in
Section 6 belaw, a pro raia share of the C4LTNTY'S insurance costs.
These costs shall inciude the costs for any assessments and credits for any
dividends by participating in az�.y insurance pools or irusts. The COUNTY
may elect to self-ins�re all or any portion of these risks. If ihe COUNTY
cannot obtain insurance and/or elects ta self-insure, the MUNICIPALITY
shall pay a pxo rata share of tha costs of self insurance, �ased an each
NI[JNICI�ALITY' S share of the approved annual budget. �ns�rance costs
as they relate to insurance coverage shall include premivans and
deductibles. Costs of self-insurance shall include reserves, clairns and
damage paymen#s, and administration costs required to maintain self-
insurance.
6. The M[JNIC�PALITY acknowl�dges that the COUNTY may, in an effort
to provide the best insurance coverage at the most economical cost,
become a mernber oi the Minnesota Counties Insurance Trust or some
similar organization; and the MUNICIPALITY further ackno�vledges that
�nembersh'rp in such an organization rnay be for a fixed minirnum te�n and
may expose the COUNTY to so�ne t�pe o�contingent cost liability, such
as debts, obligations and liabilities, in the event that the COLTNTY
withdraws its membership. The MUNICIPALITY agrees to reimburse the
COUNTY for the MUNICIPALITY'S pro rata share of any such
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contingent cost liability arising during �he terrn o� this Law Enforcement
Service Contract and assessed against ihe COUNTY. Upon natification to
the CO[JNTY of any such contingent cost liability, the CQLTNTY will
notify the MLTNICIPALITY in a tirnely manner.
C. TERM OF AGREEMENT/TERMINATTON
This agreement shall comrnence January 1, 2010 and sha.�l be in effect
through Decernber 31, 2012. Tf either p�y intends noi to renew the
agree�ent at the end of its term, the party �zaust notify the oiher party and
other MIJNICII'ALITIE� in writing at least nine {9} cal�ndar months prior
to the end of the contract term. �f either party has not approvec� a
successor agreement at the end of the term, the COUNTY will continue to
provide law enforcerner�t services in accordance w'rth fhis agreement.
2. Either party may terminate this Agreement at the end of a ca�endar year
and pxior to the end of the term a� the Agreement by notifying �e other
party to this Agreement and the other MUNICIPALITIES in writing of
their intent to terminate the Agreement at least nine (9} calendar mon#hs
priar to the end af the calendar year.
3. Notice to the COLTNTY shall be given to the County Manager and
Ramsey County Sheriff, and Notice to ihe MLTNICIPALITY shall be
given to the MUNICIPALITY' S City Manager. Notice to the other
MUNICIPALTTIES vsr�ill be given in accordance with the notice provisior�s
ai the contracts between the COLJNTY and the o�her MUNICIPALITIES.
D. COST AND PAYMENT
The 1VIUIVICIPALITY agrees to pay the COUNTY the actual cost of
providing all sez-vices covered by this Agreement. Actual cost shall mean
the MiJNICIPALITY'S pro rata share o�the COUNTY'S totai cost of
providing patrol and police protection services as described in this
Agreement to the MiJNICIPALITIES with which the COUNTY has
agreements far the current cont�act year, including, but not limited to the
following: salaries of employees engaged in pexforming said services,
Fncluding vacatzon and sick leave; �nileage, uniforms; public employees
retirernent contributions; workers' campensation, automobile, general
liability and police professional liability insurance costs or the cosi of s�lf
insurance; general overhead, including indirect expenses and supplies,
radio unit expense, az�d health and r�velfa�e expense. The term "costs" as
used herein sha11 nat include items of expense attributable to services or
facilities normaliy provided ar available to all cities within the COLTNTY
as part of the COUNTY' S obligation to enforce state law. Computation of
actual cosis hereunder shall be made by the Ramsey County Budgeting &
Accounting Division based on informatian provided by the Sheriff.
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2. During the tern� of this Agreement, the COUNTY sha11 annually subzxizt a
Budget Estimate for the following year of services to the
MUN�CTPALITY no later thar� August 1 of the current year. Said Budget
Estimate will be for the limited purpose of bett�r enabling the
IVI[_JNICIPALITY to estirr�ate its annual budget and tax levy. It i�
understood by the parties to this Agreement that said Budget Estirnate
shall in na way prevent the COUNTY �'rom charging its actual costs.
3. If the MLTNICIPALYTY does not allocate the necessary funding for its
proportionate share of the COiJNTY' S Approved Budget to the
MUNICIPALITIES for a given year, the MUNICIPALITY and the
COLTNTY must meet by January 31 oithe budget year in question to
review and reach agreernent on xnodifications to service levels provided by
the C4LTNTY that are consistent with the MiJNICIPALTTY' S budget and
that recognize the impact of �ese service level changes to o�hex
MUNICIPALITIES that contract with the COUNTY for tl�ese services.
4. Unless the COLJNTY az�.d MUN�CYPALITY have reached agreeme�t
purs�ant to the prior paragraph far a change in the MUNICTPALITY' S
contribution, the COUNTY shall bill the MUNICIPALITY on a monthly
basis in advance in an amount equa� to one-twelfth {1/12) oi the Budget
Estirnate for services to the MLTNICIPALITY. The MLTNICIPALiTY
shail pay ihe COUNTY within 45 days of receipt of tk�e monthly
statement. At the close of the contract year, the COiJNTY will reconcile
the cutrent year Budget Esiimate and current year actual costs, shall
provide a copy of the current year actua.l cost to the MUNICIPALITY, and
shall either give a credit to the MUNICIPALITY or bill the
MiTNTCIPALITY far additional costs in excess of the Budget Estimate.
E. GENERAL PROVISIONS
1. Tt is understood that prosecutions far violations of ordinances or state
statutes, together with disposition of a11 fnes col�ected pursuant ttaereto,
shall be in accordance with state statutes, state rules, and judicial orders.
2. The Raznsey County Sheriff's Offce shall submit to the MUNTCIPALITY
quartexly activity reports detailing the activities of the Sheriff's Off ce
under this agreement vvithin the MIJNYCIPALITY. Said reports shall
contain, at a minimum, the number of calls answered and the nuzraber of
citations issued. However, no information will be provid�d which would
violate the �tate Data Practices Act.
The NIUNICIPALITY may contract wzth the COUNTY for additional law
enforcement services above and beyond ihose provided in this agreement.
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4. Any alterations, variations, modifications, or waivers of pxovisions of this
Agreemeni shall only be valid when ihey have been reduced to writing,
signed by authorized repxesentatives of the COUNTY and the
MLJNICIPALITY and attached to the ariginal of this Agxeemeni.
IN WITNESS WHEREOF, the NIUNICIPALITY, by resolution duly adopted by
its Council has caused ihis Agreement to be signed by David Grani, Mayor, and Patric�C
Klaers, City Aclministrator, and the seal of the MLTNICIPALITY to be affixed hereto on
the 28th day of March, 2011, and the COiTNTY, by resolution aiits Board of County
Comrr�issioners, has caused this Agreement to be signed by the Cha�ir and Chief C�erk of
said Board on the day of , 2011.
COUNTY OF RAMSEY
:
I�
Victoria Reinhardt, Chair
Board of Rainsey County Commissioners
Bonnie Jackelen, Chief Clerk
Board of Ramsey County Commissioners
APPROVAL RECOMMENDED:
Matt Bostrom
Sheriff of Ramsey County
APPROVED AS TO FORM:
Assistant Ratnsey County Attorney
�iJ.�
Office of Budget and Accounting
CITY O� ARDEN HILLS
By:
David Grant
Mayor
By:
Patrick Klaers
City Administrator
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