ITEM 3.6 Law Enforcement Contract- Wright CountyQ0
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DEPARTMENT INFORMATION
Request for
City Council Action
ORIGINATING DEPARTMENT
REQUESTOR:
MEETING DATE:
Administration
City Administrator/ Finance Director
Flaherty
September 11, 2017
PRESENTER(s)
REVIEWED BY:
ITEM #:
Consent Item
City Attorney MacArthur
3.6
AGENDA ITEM DETAILS
RECOMMENDATION:
City staff is recommending that the City Council approve the proposed Law Enforcement Contract with
Wright County.
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. This contract would
provide for 2018 and 2019 services.
The Wright County Board has increased their hourly contract rates, which are included in the contract.
2017 $69.50 (current)
2018 $72.00
2019 $74.50
The contract also includes the City Council's request to increase service hours. As discussed during budget
review meetings on August 14, 2017 and August 28, 2017, this increase in service hours will be phased in
beginning on July 1, 2018.
The City Attorney has reviewed the proposed contract, and had no comments.
SUPPORTING DOCUMENTS ATTACHED:
• 2018-2019 Law Enforcement Contract
POSSIBLE MOTION
PLEASE WORD MOTION AS YOU WOULD LIKE ITTO APPEAR IN THE MINUTES:
Motion to approve the 2018-2019 Law Enforcement Contract with Wright County.
BUDGET INFORMATION
FUNDING: BUDGETED:
General Fund: 101-42100-390 Yes
LAW ENFORCEMENT CONTRACT
THIS AGREEMENT, made and entered into this day of , 2017, 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:
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 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.
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 the 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 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 local telephone
line and space for a computer workstation in the respective City Hall or other suitable city owned building at no
cost to the County. 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 Sheriffs
employees for injuries or sickness arising out of its employment, and the County hereby agrees to hold harmless
the Municipality against any such claims.
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, 2018 to December 31, 2019.
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8. The Municipality agrees to pay to the County the sum of $72.00 per hour for law enforcement
protection during the calendar year 2018 and $74.50 per hour during the calendar year 2019. 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. This contract shall be extended automatically for successive one year periods at a rate to be
established by the County, unless the County or Municipality shall notify the other of termination, in writing,
prior to August 15 of each year.
10. The number of hours of service to be provided pursuant to this contract for 2018 shall be 16,060
hours annually and shall provide 24-hour call and general service. From January 1 through June 30, 2018, the
County shall provide 40 hours of daily service; then commencing on July 1, 2018 through December 31, 2018 the
service will increase to 48 hours of service per day. The County shall invoice the Municipality in 12 equal
installments for the 16,060 hours
The number of hours of service to be provided pursuant to this contract for 2019 shall be 17,520 hours
annually (48 hours of service per day) 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.
11. The County shall provide for all costs and prosecution efforts with 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 city prosecutions shall accrue to the Municipality unless
otherwise provided by law.
12. 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
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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.
13. 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.
14. 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.
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 Cleric of said Board, and
by the Wright County Sheriff, effective on the day and year first above written.
Dated:
ATTEST:
Dated:
ATTEST:
Clerk
Lee Kelly
CITY OF OTSEGO
Mayor
WRIGHT COUNTY
Charles Borrell, Wright County Board Chair
County Coordinator
Dated:
Joe Hagerty
Wright County Sheriff
Approved as to form and execution:
Tom Kelly, Wright County Attorney