3.7 Wright County Sheriff Contract 2023 Amended
Request for
City Council Action
DEPARTMENT INFORMATION
ORIGINATING DEPARTMENT REQUESTOR: MEETING DATE:
Administration City Administrator/Finance Director Flaherty November 28, 2022
PRESENTER(s) REVIEWED BY: ITEM #:
Consent City Attorney Kendall 3.7 – Sheriff Contract
STRATEGIC VISION
MEETS: THE CITY OF OTSEGO:
Is a strong organization that is committed to leading the community through innovative
communication.
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.
Is a social community with diverse housing, service options, and employment opportunities.
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 an amendment to 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 No
BACKGROUND/JUSTIFICATION:
The City of Otsego contracts with Wright County for law enforcement protection. The current contract was
approved by the City Council on October 11, 2021 and will expire on December 31, 2023.
Wright County Sheriff Sean Deringer attended the August 22, 2022, special meeting to present the
proposed contract amendment. During that meeting, the Sheriff reviewed current service levels and
provided forecasted needs for increases in service hours. The presentation included a recommendation to
increase the number of hours of service from forty-eight (48) daily hours to fifty (50) daily hours.
The hourly contract rate for 2023 will remain the same as the previously approved contract ($86.75).
The City Council concurred with the recommendation as presented and directed City staff and Sheriff
Deringer to prepare a contract amendment. The City Attorney has reviewed the agreement and has
provided favorable comment.
SUPPORTING DOCUMENTS ATTACHED:
• Law Enforcement Contract (Proposed)
• Law Enforcement Contract (Current)
POSSIBLE MOTION
PLEASE WORD MOTION AS YOU WOULD LIKE IT TO APPEAR IN THE MINUTES:
Motion to approve the 2023 Law Enforcement Contract between Wright County and the City of Otsego.
BUDGET INFORMATION
FUNDING: BUDGETED:
General Fund – Police Protection
101-42100-390
Yes
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LAW ENFORCEMENT CONTRACT
THIS AGREEMENT made and entered on this _________ day of _____________, 2022, 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 service 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, 2022, to December 31, 2023.
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8. The Municipality agrees to pay to the County the sum of $86.75 per hour during the calendar
year 2023. 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:
18,250 hours annually 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 Clerk; 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.
CITY OF OTSEGO
Dated: ____________________________ ________________________________
Mayor
ATTEST: ___________________________
Clerk
WRIGHT COUNTY
Dated: ____________________________ ________________________________
Christine Husom, Wright County Board
Chair
ATTEST: _______________________________
Lee Kelly, County Coordinator
Dated: _____________________________ ________________________________
Sean Deringer, Wright County Sheriff
Approved as to form and execution:
__________________________________
Brian Lutes, Wright County Attorney