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3. Police Services ContractVENDORCOJI I Contract # 1 0 `i 9 Dept ,r'i-(242 Div. Pr4rn 1 AGREEMENT - LAW ENFORCEMENT SERV�CES1ean _ This Agreement, made and entered into thi9?0 day 9y- ,12000, by and between the COUNTY OF WASHINGTON, Hereinafter referred to as the "County", and the TOWN OF NEW SCANDIA, hereinafter referred to as the "Town". WITNESSETH: WHEREAS, the Town is desirous of contracting with the County for the performance of the hereinafter described law enforcement functions within its boundaries by the Sheriff's Office of the County; and WHEREAS, the County is agreeable to and desirous of rendering such law enforcement services on the terms and conditions hereinafter set forth; and WHEREAS, such contracts are authorized and provided for by Sections 436.05 and 471.59 of the Minnesota Statutes; NOW, THEREFORE, pursuant to the terms of the aforesaid Statutes and any amendments and revisions subsequent thereto and in consideration of the mutual promises contained herein, IT IS MUTUALLY AGREED BETWEEN THE COUNTY AND TOWN as follows: The County agrees to provide, through the Sheriff of Washington County, law enforcement services within the corporate limits of the Town to the extent and in the manner hereinafter set forth. 1. Except as otherwise specifically set forth herein, such law enforcement services shall only encompass duties and functions of the type coming within the jurisdiction of and customarily rendered by said Sheriff under law. 2. Except as otherwise specifically set forth herein, the law enforcement services rendered to the Town shall be, during the term of this Agreement, the same as provided for in the unincorporated areas of the County by the Sheriff, even if the Deputy who is assigned to the Town by this Agreement is not on duty. 3. The standards of performance, discipline of personnel, the method of providing law enforcement services, and other matters incident to the performance of law enforcement services under this Agreement, including personnel to be employed, shall be determined by the Sheriffs Office of the County. 4. The law enforcement services provided by said Sheriff hereunder shall include the enforcement of Town Ordinances, and other duties and functions customarily performed by a municipal police force provided, however, that the Sheriff shall not be required to provide an animal control officer. 5. The law enforcement services provided shall include traffic law enforcement, town license inspection; and enforcement of the Juvenile Code of the State as said code relates to the Town and its Ordinances. 6. The County agrees to supply and furnish all labor, equipment, communication facilities, including dispatching service, supplies, and administration necessary to perform the law enforcement services to be rendered under this Agreement. II The Town agrees to pay to the County the direct cost and expense for performing the law enforcement services provided for by this Agreement. 1. The cost and expense herein will include salaries, public employee retirement contribution, worker's compensation premium, vacation pay of the employee of the County performing law enforcement services under this Agreement to the Town; cost of maintenance and supply, such cost including but not limited to uniforms, patrol equipment such as automobiles, communication equipment, and other expenses including but not limited to changes required by State and Federal Statutes, when applicable. 2. The Town agrees to pay for services of one deputy less the COPS award, together with all related services and equipment provided for in said Agreement. 3. The Town will pay the amount required under this Agreement on a semi-annual basis by directing to the County Sheriff of the County a Town check or voucher payable to the County Treasurer. The Sheriffs Office of the County will bill the Town on a semi-annual basis for the amount due. 4. It is understood by the County and the Town that costs and expenses herein do not include items of cost and expense attributable to services and facilities provided or available to the Town which by state law the County must provide. See Exhibits A-D which are attached hereto and made a part hereto by reference. 5. The Town does not assume any liability for the direct payment of any salary, wage or other compensation to any County employee performing law enforcement services under this Agreement to the Town. 6. Except as otherwise specified herein, the Town is not obligated to, or responsible for, or liable for compensation or indemnity to any County employee performing law enforcement services under this Agreement to the Town for injury or sickness arising out of his employment, and the County agrees to hold harmless the Town against any such claim. III The parties hereto agree as follows: 1. The Town, its officers, agents and employees, will cooperate and assist the County in the performance of this Agreement. 2. In the event of a grievance or dispute between the Sheriffs Office of the County and the Town as to the extent, nature, and level of duties and services to be rendered under this Agreement or the method of performances to be rendered under this Agreement, there shall be a determination thereof by the Board of County Commissioners of the County which shall be final and conclusive as between the County and the Town except as provided in (d) below: a. The grievance or dispute may be presented at a regularly scheduled meeting of the Board of County Commissioners, and the Town and the Sheriffs Office may attend and present to the Board any information or data which will aid the Board in reaching a just, fair and equitable determination of the grievance or dispute. b. When a party to this Agreement wishes to present a dispute or grievance to the Board, the Sheriffs Office or Town, it shall contact the County Administrator and arrange for the time and date of the hearing on said dispute and notify in writing the other interested party at least five (S) days before said hearing, except in case of an emergency. C. In cases of extreme urgency or other emergency conditions, the Sheriffs Office or the Town may request a special meeting of the Board upon contacting the County Administrator reasons for the necessity of such special meeting. d. In the event an agreement cannot be reached between the County and the Town, an arbitration panel shall be established and the finding of this panel shall be final and conclusive between the County and the Town. This shall be a three person panel, with one member selected by the County, and one selected by the Town, and the third selected by the two previously selected members. 3. The County, its officers, agents and employees shall not assume to be liable for any intentional or negligent act of the Town or any officer, agent or employee of the Town and the Town agrees to hold the County, its officers, agents and employees harmless from any intentional or negligent act of such Town or any officer, agent or employee of such, and the Town agrees to defend the County, its officers, agents or employees from any claim for damage resulting from the negligent or intentional act of such Town, or any officer, agent or employee of such Town. Deputy Sheriffs and employees of the Sheriffs Office are deemed to be officers, agents and employees of the County. 4. The Town, its officers, agents and employees shall not assume or be liable for any intentional or negligent act of the County or any officer, agent or employee of the County, and the County agrees to hold the Town, its officers, agents and employees harmless from any intentional or negligent act of the County or any officer agent or employee of the County, and the County agrees to defend the Town, its officers, agents or employees from any claim for damages resulting from the negligent or intentional act of the County or any officer, agent or employee of the County. 5. It is understood and agreed that any violation of law or ordinance for which an arrest is made shall be prosecuted in the appropriate courts of the County under the laws of the State of Minnesota or ordinances of the Town, and the fines, if any, will be remitted in accordance with the laws of the State of Minnesota. 6. Included in the computations of the insurance costs is the cost of collision insurance with a Five Hundred Dollar ($500) deductible per accident. The initial Five Hundred Dollars ($500) of vehicle damage under collision will be assessed against the Town. However, the Town would not incur liability for damages to a vehicle that is normally assigned to the Town in performing functions not related to police protection for the Town However, that would not mean that every instance of damage to the vehicle outside the contract area would not be charged back to the Town By way of example but not limitation, the contract deputy has occasions to go to the Sheriffs Office, Regions Hospital, or the County Attorney's Office, etc. in furtherance of their work in their contact area, and an would accident occur outside the contract area while doing an activity which is in furtherance of their contract work, such accident would be chargeable to the Town On the other hand, if a contract deputy is called out of their contract area to render assistance or backup to another and while inside or outside of the contract area an accident occurs, then the accident would not be chargeable to the Town 7. It is understood that this Agreement contains the entire Agreement between the County and the Town and that no statements, promises or inducements made by any party hereto, or officer, agent or employee of either party hereto which is not contained iii this written Agreement shall be valid and binding; and this Agreement may not be enlarged, modified or altered except in writing, signed by the parties and endorsed hereon. 8. The effective date of this Agreement is July 1, 2000 and will remain in effect together with any amendments thereto, unless altered by operation of law or terminate pursuant to paragraph nine of this Agreement. 9. This Agreement may be terminated by either party by giving the other party written notice 180 days prior to its intent to terminate. 10. The parties agree that any amendment to this Agreement which decreases the number of deputies that will be provided to the Town shall not be effective until 180 days after the amendment has been executed by the Town and County. 11. The parties agree that any amendment to this Agreement which increases the number of deputies that will be provided to the Town shall not be effective until after the amendment has been executed by the Town and County. 4 IN WITNESS WHEREOF, the Town has caused this Agreement to be signed by its Chairperson and attested to by its Clerk, and the County has caused this Agreement to be signed by the Chairperson of its Board of County Commissioners and attested to by its County Administrator, and the seal of the County and the Town affixed thereto. �1 Town Clerk ATTES By �. C ty Adnnistrator TOWN OF S ANDIAMESOTA By � � I s C son o the Board of Supervisors COUNTY F W HINGTON, MINNESOTA Its Chairpers Approved a4 o form: By i-- Was ' gton C unty Attorney