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SCC Item 2.a. 2024 Wright County Sheriff Contract1 LAW ENFORCEMENT CONTRACT THIS AGREEMENT made and entered on this _________ day of _____________, 2023, by and between the COUNTY OF WRIGHT and the WRIGHT COUNTY SHERIFF, hereinafter referred to as “County” and the [Insert City Name] hereinafter referred to as the “Municipality”. WITNESSETH: WHEREAS, the COUNTY has a statutory obligation to provide police services within Wright County; and WHEREAS, the MUNICIPALITY has determined that it is in the best interests of the MUNICIPALITY 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, the parties to this Agreement intend to contract for law enforcement services within the political boundaries of the MUNICIPALITY through the Wright County Sheriff; and WHEREAS, the COUNTY is agreeable to rendering such services 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 law enforcement services 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 coming within the jurisdiction of the Wright County Sheriff pursuant to Minnesota Laws and Statutes. b.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) shall be excluded from this agreement. Ordinances pertaining exclusively to purely local city management matters shall be excluded from this agreement. Enforcement and prosecution of municipal ordinances are excluded from this agreement and the Municipality shall be responsible for enforcement and prosecution for any Municipal Ordinance Violations, except that the Sheriff may, when requested by a Municipality, issue a citation for an ordinance violation. Notwithstanding the aforementioned, the Sheriff in consultation with the County Attorney, may enforce and refer for prosecution to the County Attorney cannabis offenses, parking violations and petty offenses as outlined in paragraph 8. 2.The manner and standards of performance, the discipline of peace officers and employees, and other matters incident to the provision of services under this Agreement, and the control of personnel so employed, shall be subject solely to the control of the COUNTY. In the SCC Item 2.a. 2 event of a dispute between the parties as to the extent of the duties and functions to be rendered hereunder, or the level or manner of performance of such service, the determination thereof made by the Sheriff of the COUNTY shall be final and conclusive as between the parties hereto. 3. The COUNTY 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 COUNTY, provide a secure office for the Sheriff’s Office Employees by having adequate space for two desks with chairs, limited public visibility, a local telephone line and an adequate internet connection with support as requested by the COUNTY. The MUNICIPALITY agrees to allow the COUNTY to install equipment or hardware necessary for the implementation and usage of squad or body worn cameras. 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. 4. 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. 5. All deputy sheriffs, clerks, and all other COUNTY personnel performing duties pursuant to this Agreement shall at all times be considered employees of the COUNTY for all purposes. 6. TERM a. The COUNTY shall commence the provision of Law Enforcement Services on January 1, 2024, and this Agreement shall remain in effect for a period of one (1) year, unless earlier terminated by operation of law or pursuant to the terms of this Agreement. b. This Agreement shall automatically renew for a period of one (1) year following the expiration of the initial one (1) year term and/or any renewal term. c. Any Party may terminate this Agreement during or prior to the renewal term by providing notice by September 15th of each year. Notice of termination that is timely delivered shall by effective at the end of the initial or renewal term on December 31st. The Parties may voluntarily terminate this Agreement at any time by mutual agreement. 7. CONTRACTED HOURS AND COMPENSATION. a. The minimum number of annual hours of service to be invoiced for licensed peace officers pursuant to this contract are [INSERT NUMBER] hours. The annual hours of service shall provide for 24-hour call and general service. The number of hours each month may vary due to special events, seasonal adjustments and the availability of the County’s employees. The COUNTY shall notify the MUNICIPALITY in writing eighteen months prior any change in the minimum number of hours for any subsequent renewal term. In determining the minimum number of hours, the County Sheriff may consider the following factors of population, traffic, commercial districts, calls for service or input from the MUNICIPALITY. 3 b. The Municipality agrees to pay to the County the sum of $105.00 per hour for law enforcement services during the calendar year 2024. The hourly rate for the Law Enforcement Services in future years will be established by the COUNTY. Any increase in the hourly rate must be provided to the MUNICIPALITY no later than August 1st of each year. c. The MUNICIPALITY agrees to pay to the COUNTY a lump sum of law enforcement assessment of ______ for law enforcement services and retention during the 2024 calendar year. The lump sum law enforcement assessment shall be payable in two payments on _________, 2024 and ___________, 2024. Upon the request of the County Sheriff, the parties agree to renegotiate in good faith any further lump sum law enforcement assessments in the event economic conditions for law enforcement hinder the effective hiring and retention of Deputy Sheriff employees. d. The COUNTY shall bill the MUNICIPALITY on a monthly basis for the provision of Law Enforcement Services under this Agreement. The MUNICIPALITY shall pay the amount required in accordance with the Prompt Payment of Local Government Bills statute, Minnesota Statutes § 471.425, as amended. 8. The County shall provide for all costs and prosecution efforts with the respect to violations of Minnesota State Statutes charged by the Sheriff in the performance of this agreement. County prosecution services do not include building code, electrical code, or any municipal ordinance violations. All fines arising from such prosecutions shall accrue to the COUNTY. Violations of building codes, electrical codes, and municipal ordinances excluded from enforcement by this agreement shall be prosecuted by the MUNICIPALITY at its expense. All fines arising from the city directed prosecutions shall accrue to the MUNICIPALITY unless otherwise provided by law. Notwithstanding the aforementioned, the County Attorney has the sole discretion to elect to prosecute cannabis offenses, parking violations or petty violations of a municipality's ordinances. 9. Pursuant to law, the Wright County Finance Director 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 8 of this contract. The MUNICIPALITY shall keep and retain any fine money submitted by the Wright County Finance Director attributable to prosecutions initiated by the MUNICIPALITY. 10. LIABILITY A. During the initial and any renewal terms of this Agreement the COUNTY shall maintain general, automotive, and workers compensation coverage through the Minnesota Counties Intergovernmental Trust at the coverage limits provided. B. The MUNICIPALITY shall not assume any liability for the direct payment of any salaries, wages, or other compensation to any of the COUNTY’S employees providing Law Enforcement Services to the MUNICIPALITY under this Agreement and the COUNTY hereby assumes said liabilities. C. The MUNICIPALITY shall not be liable for compensation or indemnity to any of the COUNTY’S employees for injury or sickness arising out of their employment with the COUNTY and/or provision of the Law Enforcement Services to the MUNICIPALITY, 4 and the COUNTY agrees to defend, indemnify and hold the MUNICIPALITY harmless against any such claims. D. To the fullest extent permitted by law, the COUNTY agrees to defend, indemnify and hold harmless the MUNICIPALITY, and its employees, officials and agents from and against all claims, actions, damages, losses and expenses, including reasonable attorney fees, arising out of the COUNTY’S performance or failure to perform its obligations under this Agreement, except as set forth below. The parties agree this indemnity obligation shall survive the completion or termination of this Agreement. E. To the fullest extent permitted by law, the MUNICIPALITY agrees to defend, indemnify and hold harmless the COUNTY, and its employees, officials and agents from and against all claims, actions, damages, losses and expenses, including reasonable attorney fees, arising out of the MUNICIPALITY’S negligence or the MUNICIPALITY’S performance or failure to perform its obligations under this Agreement. The parties agree this indemnity obligation shall survive the completion or termination of this Agreement. F. The MUNICIPALITY agrees to defend, indemnify and hold harmless the COUNTY, and its employees, officials and agents, for any claims related to the interpretation of or challenges to the validity of the MUNICIPALITY’S ordinances and building code enforcement. G. Nothing in this Agreement shall constitute a waiver of the statutory limits on liability set forth in Minnesota Statutes, Chapter 466 or a waiver of any available immunities or defenses. Nothing herein shall be construed to provide insurance coverage or indemnification to an employee, official or agent of any Party for any act or omission for which the employee, official or agent is guilty of malfeasance in office, willful neglect of duty or bad faith. It is further understood that Minnesota Statutes, section 471.59, subd. 1a applies to this Agreement. To the full extent permitted by law, actions by the parties pursuant to this Agreement are intended to be and shall be construed as a "cooperative activity" and it is the intent of the parties that they shall be deemed a "single governmental unit" for the purposes of liability, all as set forth in Minnesota Statutes, section 471.59, subd. 1a(a); provided further that for purposes of that statute, each party to this Agreement expressly declines responsibility for the acts or omissions of the other party. For purposes of determining total liability damages, the parties are considered a single governmental unit and the total liability shall not exceed the limits on governmental liability for a single governmental unit as specified in Minnesota Statutes, section 3.736 or section 466.04. 11. GENERAL PROVISIONS. A. Entire Agreement. This Agreement supersedes any prior or contemporaneous representations or agreements, whether written or oral, between the Parties and contains the entire agreement. B. Assignment. The COUNTY may not assign this Agreement to any other person unless written consent is obtained from the MUNICIPALITY. 5 C. Amendments. Except as to the provisions for contracted hours and compensation under paragraph 7, any modification or amendment to this Agreement shall require a written agreement signed by both Parties. D. Nondiscrimination. In the hiring of employees to perform work under this Agreement, the COUNTY shall not discriminate against any person by reason of any characteristic or classification protected by state or federal law. E. Governing Law. This Agreement shall be governed by and interpreted in accordance with the laws of the State of Minnesota. All proceedings related to this Agreement shall be venued in Wright County, Minnesota. F. Waiver. The waiver by either party of any breach or failure to comply with any provision of this Agreement by the other Party shall not be construed as, or constitute a continuing waiver of such provision or a waiver of any other breach of or failure to comply with any other provision of this Agreement. G. Notices. All notices and other communications pursuant to this Agreement must be in writing and must be given by registered or certified mail, postage prepaid, or delivered by hand at the addresses set forth below: Notice to County: Wright County Sheriff Wright County Law Enforcement Center 3800 Braddock Avenue N.E. Buffalo, MN 55313 and Wright County Administrator Wright County Government Center 3650 Braddock Avenue N.E. Buffalo, MN 55313 Notice to City: ____________________________ ____________________________ ____________________________ H. Savings Clause. If a court finds any portion of this Agreement to be contrary to law, invalid, or unenforceable, the remainder of the Agreement will remain in full force and effect. I. Counterparts. This Agreement may be signed in counterparts, each of which shall be deemed an original, and which taken together shall be deemed to be one and the same document. [THIS SPACE WAS INTENTIONALLY LEFT BLANK – SIGNATURE PAGE TO FOLLOW] 6 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, County Administrator, and by the Wright County Sheriff, effective on the day and year first above written. Dated: _________________ COUNTY OF _______________, MINNESOTA By: ________________________________ Its Board Chair By: ________________________________ Its County Administrator and By: ________________________________ Its County Sheriff IN WITNESS WHEREOF, the MUNICIPALITY has caused this Agreement to be signed by its Mayor and City Clerk. Dated: _________________ CITY OF _______________, MINNESOTA By: ________________________________ Its Mayor and By: _________________________ Its City Clerk