ITEM 3.4 Law Enforcement ContractOt�ezoF4_0
MINNESOTA
DEPARTMENT INFORMATION
Request for
City Council Action
ORIGINATING DEPARTMENT
REQUESTOR:
MEETING DATE:
Administration
City Administrator/Finance Director Flaherty
August 26, 2019
PRESENTER(s)
REVIEWED BY:
ITEM #:
Consent
City Attorney MacArthur
3.4
STRATEGIC VISION
MEETS:
THE CITY OF OTSEGO:
County and the City of Otsego.
Is a strong organization that is committed to leading the community through innovative
communication.
IS A PUBLIC HEARING REQUIRED?
Has proactively expanded infrastructure to responsibly provide core services.
X
Is committed to delivery of quality emergency service responsive to community needs and
expectations in a cost-effective manner.
The City of Otsego contracts with Wright County for law enforcement protection. The current contract will
Is a social community with diverse housing, service options, and employment opportunities.
and 2021.
Is a distinctive, connected community known for its beauty and natural surroundings.
AGENDA ITEM DETAILS
RECOMMENDATION:
City staff is recommending that the City Council approve the Law Enforcement Contract between Wright
County and the City of Otsego.
ARE YOU SEEKING APPROVAL OF A CONTRACT?
IS A PUBLIC HEARING REQUIRED?
Yes
I No
BACKGROUND/JUSTIFICATION:
The City of Otsego contracts with Wright County for law enforcement protection. The current contract will
expire on December 31, 2019. The new contract would provide for law enforcement protection for 2020
and 2021.
The Wright County Board has increased their hourly contract rates, which are included in the contract.
2019 $74.50 (current)
2020 $78.25
2021 $81.75
The number of hours for service to be provided within the contract are consistent with the current hours
for service, which is forty-eight (48) daily hours. The total hours will be 17,568 in 2020 and 17,520 in 2021,
with the difference accounting for a leap year in 2020.
The City Attorney has reviewed the agreement and has provided favorable comment.
SUPPORTING DOCUMENTS ATTACHED:
• Law Enforcement Contract
POSSIBLE MOTION
PLEASE WORD MOTION AS YOU WOULD LIKE ITTO APPEAR IN THE MINUTES:
Motion to approve the 2020-2021 Law Enforcement Contract between Wright County and the City of
Otsego.
BUDGET INFORMATION
FUNDING:
BUDGETED:
General Fund — Police Protection
101-42100-390
Yes
LAW ENFORCEMENT CONTRACT
THIS AGREEMENT, made and entered on this day of , 2019, by and
between the COUNTY OF WRIGHT and the WRIGHT COUNTY SHERIFF, hereinafter referred to as
"County" and the CITY OF OTSEGO hereinafter referred to as the "Municipality";
WITNESSETH:
WHEREAS, the Municipality is desirous of entering into a contract with the County for the
performance of the hereinafter described law enforcement protection within the corporate limits of said
municipality through the County Sheriff; and
WHEREAS, the County is agreeable to rendering such services and protection on the terms and
conditions hereinafter set forth; and
WHEREAS, such contracts are authorized and provided for by the provision of Minnesota
Statutes 471.59 and Minnesota Statutes 436.05;
NOW THEREFORE, pursuant to the terms of the aforesaid statutes, and in consideration of the
mutual covenants herein contained, it is agreed as follows:
1. That the County by way of the Sheriff agrees to provide police protection within the corporate
limits of the Municipality to the extent and in the manner as hereinafter set forth:
a. Except as otherwise hereinafter specifically set forth, such services shall encompass
only duties and functions of the type of coming within the jurisdiction of the Wright
County Sheriff pursuant to Minnesota Laws and Statutes.
b. Except as otherwise hereinafter provided for, the standard level of service provided
shall be the same basic level of service which is provided for the unincorporated
areas of the County of Wright, State of Minnesota.
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c. The rendition of services, the standard of performance, the discipline of the officers,
and other matters incident to the performance of such services and control of
personnel so employed shall remain in and under the control of the Sheriff.
d. Services purchased pursuant to this contract shall include enforcement of Minnesota
State Statutes, including but not limited to the Traffic Code and the Criminal Code,
as well as all local ordinances enacted in conformance therewith. Statutes and
ordinances which prescribe enforcement by a different authority; i.e., the State
Electrical Code, the Uniform Building Code, etc., shall be excluded from this
agreement. Ordinances pertaining exclusively to purely local city management
matters; i.e., sewer and water collection, etc., shall be excluded from this agreement.
The Municipality shall be responsible for enforcement of the Municipal Zoning Code
except that the Sheriff will enforce the nuisance ordinances conforming to State law;
i.e., junk cars, etc. and traffic ordinances; i.e., parking and erratic driving.
2. That it is agreed that the Sheriff shall have full cooperation and assistance from the
Municipality, its officers, agents and employees so as to facilitate the performance of this agreement. In
order to facilitate a local presence of Sheriff's Deputies, the Municipality shall, if requested by the
Sheriff, provide a secure office for the Sheriff's Deputies having adequate space for two desks with
chairs, limited public visibility, a local telephone line and an internet connection. The Municipality shall
allow a sign indicating the location of its Sheriff s, substation with appropriate telephone numbers to be
displayed on the exterior of the building.
3. That the County shall furnish and supply all necessary labor, supervision, equipment,
communication facilities for dispatching, cost of jail detention, and all supplies necessary to maintain the
level of set -vice to be rendered herein.
4. The Municipality shall not be liable for the direct payment of any salaries, wages, or other
compensation to any personnel performing services herein for said County.
5. The Municipality shall not be liable for compensation or indemnity to any of the Sheriff's
employees for injuries or sickness arising out of its employment, and the County hereby agrees to hold
harmless the Municipality against any such claims.
6. The County, Sheriff, his officers, and employees shall not be deemed to assume any
liability for intentional or negligent acts of said Municipality or any officer, agent, or employee thereof.
7. This agreement shall be effective from January 1, 2020, to December 31, 2021.
FN
8. The Municipality agrees to pay to the County the sum of $78.25 per hour for law
enforcement protection during the calendar year 2020 and $81.75 per hour during the calendar year 2021.
If salaries of Deputy Sheriffs are increased at any time during the term of this contract, the hourly rate of
this contract shall not be increased.
9. The number of hours of service to be provided pursuant to this contract are as follows:
17,520 hours annually or 17,568 hours annually in a leap year and shall provide 24-hour call and general
service. The Municipality shall notify the County in writing prior to August 15 regarding any change in
the number of hours for the subsequent year.
10. The County shall provide for all costs and prosecution efforts with the respect to violations
charged by the Sheriff in the performance of this agreement. All fines arising from such prosecutions
shall accrue to the County. Violations of municipal ordinances excluded from enforcement by this
agreement shall be prosecuted by the Municipality at its expense. All fines arising from the city
prosecutions shall accrue to the Municipality unless otherwise provided by law.
11. Pursuant to law, the County Auditor/Treasurer shall remit to the Municipality its share of all
fines collected. The Municipality shall return to the County within 30 days all fine money attributable to
prosecutions initiated by the Sheriff in accord with Paragraph 11 of this contract. The Municipality shall
keep and retain any fine money submitted by the Auditor/Treasurer attributable to prosecutions initiated
by the Municipality.
12. For the purpose of maintaining cooperation, local control and general information on existing
complaints and problems in said Municipality, one member of the Municipal Council, the Mayor or other
person or persons shall be appointed by said Council to act as police commissioner(s) for said
Municipality and shall make periodic contacts with and attend meetings with the Sheriff or his office in
relation to the contract herein.
13. The County shall save, hold harmless and defend the City from any and all claims arising
from the acts or omissions, including intentional acts and negligence, committed by employees or agents
of the County or Sheriff while in the performance of duties in furtherance of this contract.
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IN WITNESS WHEREOF, The Municipality, by resolution duly adopted by it governing body,
caused this agreement to be signed by its Mayor and attested by its Cleric; and the County of Wright, by
the County Board of Commissioners, has caused this agreement to be signed by the Chairman and Clerk
of said Board, and by the Wright County Sheriff, effective on the day and year first above written.
Dated:
ATTEST:
Clerk
Dated:
ATTEST:
Lee Kelly, County Administrator
Dated:
Approved as to form and execution:
Tom Kelly, Wright County Attorney
CITY OF OTSEGO
WRIGHT COUNTY
d
Mayor
Darek Vetsch, Wright County Board Chair
Sean Deringer, Wright County Sheriff