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4.13. SR 08-17-2015Request for Action To Item Number Mayor and City Council 4.13 Agenda Section Meeting Date Prepared by Consent August 17, 2015 Ron Nierenhausen, Police Chief Item Description Reviewed by Law Enforcement Services Agreement Cal Portner, City Administrator Reviewed by Action Requested Approve, by motion, the Law Enforcement Services Agreement between the City of Elk River and the Elk River Area School District. Background/Discussion The city has previously entered into a service agreement with the district to provide law enforcement liaison services. The previous agreement expired in June of 2015 and the district would like to renew the agreement for a two-year period commencing July 1, 2015, and concluding on June 30, 2017. Financial Impact The agreement specifies that the district pay the city the $123,624 per school year for the services of three (3) officers at the rate of $41,208 per officer, per school year. The total financial benefit to the city for the period of the agreement is $247,248. Attachments ■ Law Enforcement Services Agreements between the City of Elk River and the Elk River Area School District. P o w E H E U e r ATURE LAW ENFORCEMENT SERVICES AGREEMENT This AGREEMENT is made and entered into by and between the City of Elk River, Minnesota (hereinafter referred to as "City" and the Elk River Area School District (hereinafter referred to as "District"). WITNESSETH WHEREAS, the District and City desire to enter into this agreement (hereinafter referred to as "Agreement") for the provision of law enforcement services to be provided by the Elk River Police Department, (hereinafter referred to as "Police") to the District; and WHEREAS, this Agreement is authorized and provided for by Minnesota Statutes, Section 471.59. NOW, THEREFORE, in consideration of the mutual undertaking and agreement hereinafter set forth, the City and District agree as follows: 1. SERVICES TO BE PROVIDED The Police will provide general law enforcement services at District Facilities as fully described in Attachment A. 2. TERM OF THE AGREEMENT The term of this Agreement shall be for the 2015-2016 and 2016-2017 school years, beginning July 1, 2015 and ending June 30, 2017. 3. PAYMENT FOR SERVICES The District shall pay the City for providing services as outlined in Attachment A. The amount of the payment for each school year shall be $123,624 ($41,208 per officer, up to three (3) officers). The District shall make payment to the City upon presentation of an invoice from the City. Invoices for services will be made in two equal amounts for the periods of July to December and January to June and payments shall be made within 30 days from the receipt of the invoice. 4. CONTRACT ADMINISTRATION The City designates the City Administrator or his/her designee to represent the City in all matters connected with this Agreement on behalf of the City. The District designates the Executive Director of Business Services to represent the District in all matters connected with this Agreement on behalf of the District. The City's designee shall be available at reasonable times upon reasonable notice to confer with the District. The District, City and Police shall provide each other the full cooperation and assistance of its officers and staff in the performance of this Agreement. 5. RELATIONSHIP OF THE PARTIES The parties agree that nothing herein contained is intended or should be construed in any manner as creating or establishing the relationship of co-partners between the parties or as constituting either party as the agent, representative or employee of the other for any purposes or in any manner whatsoever. The City and the Police shall be considered independent contractors of the District with respect to all services performed under this Agreement. The parties represent that they will secure all personnel required to execute, administer and perform this Agreement. The District shall provide input into the assignment of Police Officers; however, the City retains the right to make all final hiring decisions. 6. INDEMNIFICATION AND INSURANCE Each party agrees that it will be responsible for its own acts and the results thereof to the extent authorized by law and shall not be responsible for the acts of the other party and the results thereof. Each party agrees to indemnify the other in accordance with its responsibility. The City's and the District's liability is governed by Minnesota Statutes, Section 466. The City and District each warrant that they are able to comply with the foregoing indemnity requirement through an insurance or self-insurance program. 7. SUCCESSORS, SUBCONTRACTING AND ASSIGNMENT The parties agree not to subcontract, assign or transfer this Agreement or its services whether in whole or in part without prior written consent of the other party. S. AMENDMENTS AND MODIFICATIONS The parties agree and understand that the entire Agreement between the parties is contained herein and that this Agreement supersedes all oral agreements and negotiations between the parties relating to the subject matter hereof. All items referred to in this Agreement are incorporated or attached and are deemed to be part of this Agreement. Unless provided to the contrary herein, the parties may from time to time make amendments or modifications to this Agreement. Such changes, including any adjustments in the level of service, which are mutually agreed upon by and between the City and the District shall be effective when incorporated in written and signed amendments to this Agreement. 9. NOTICES Any notice or demand which must be given or made to a party hereto under the terms of this Agreement or any statute or ordinance governing the same shall be in writing, and shall be sent by certified mail or courier to be addressed as follows: CITY: City of Elk River Attn: City Administrator 13465 Orono Parkway Elk River, MN 55330 With a Copy to: City of Elk River DISTRICT: Attn: Chief of Police 13065 Orono Parkway Elk River, MN 55330 Elk River Area School District Attn: Executive Director of Business Services 815 Highway 10 Elk River, MN 55330 10. ACCESS TO STUDENT RECORDS School officials shall allow Police to inspect and copy and public records maintained by the school including student directory information such as yearbooks; however, Police may not inspect and/or copy private student data except in emergency situations. If some information in a student's cumulative record is needed in a health or safety emergency or to protect the health and safety of the student or other individuals, school officials may disclose to the Police that information which is needed to respond to the emergency situation based on the seriousness of the threat to someone's health and safety; the need for the data to address the emergency situation and the extent to which time is of the essence. If private student data is needed, but no emergency situation exists, the information may be released upon receipt of a valid court order, search warrant or subpoena to produce the records. 11. GOVERNMENT DATA PRACTICES ACT The City and District shall comply with the Family Educational Rights and Privacy Act ("FERPA" ) and the Minnesota Government Data Practices Act as defined in Minnesota Statutes, Section 13, as It applies to all data provided by the District in accordance with this Agreement, and as it applies to all data created, collected, received, stored, used, maintained or disseminated by the City in accordance with this Agreement. 12. MINNESOTA LAWS GOVERN The laws of the state of Minnesota shall govern all questions and interpretations concerning the validity and construction of this Agreement and the legal relations between the parties and performance under this Agreement. 13. REPORTING Police will provide District with statistical reporting of incidents a minimum of two times per school year (mid -year and end -of -year reports). Date CITY OF ELK RIVER Date John Dietz, Mayor ELK RIVER AREA SCHOOL DISTRICT Date Greg Hein, Executive Director of Business Attachment A 1. The police off icer(s) will assist in the establishment and coordination of a cooperative community approach among schools, parents, police and other resources in meeting the students and community's needs. 2. The duties of the police officers shall include: a. Conferring with school staff, parents, neighbors and other city and community members regarding pre -delinquent behaviors. b. Identifying problems and potential problems by inspecting school areas, grounds and property while observing for suspicious activity in high delinquency areas. c. Conducting investigations within the school and school community. d. Investigating juvenile crimes as assigned by the Police Department. These cases will vary in number and complexity, thereby requiring flexibility in the hours that the police officer works and requiring the officer to leave the school building(s) at various times. 3. Police officers shall spend approximately fifty six and one quarter percent (56.25%) of their time annually working directly on school district issues as identified in paragraph 2, items a, b and c. This represents approximately 36 weeks with approximately 4.5 hours of daily availability. Whenever possible, the District would like an officer to be present at Elk River High School between the hours of 7:00 AM -7:30 AM and 2:10 PM -3:00 PM. 4. The services to be provided under this agreement shall be performed at Meadowvale Elementary, Twin Lakes Elementary, Parker Elementary, Lincoln Elementary, Handke Family Center, Salk Middle, VandenBerge Middle, Elk River High and Ivan Sand Community High schools. 5. In the event that the Police, upon written request of the Executive Director of Business Services of the District, perform other services not herein described or which exceed the agreed upon level of services provided herein, such services shall be billed, in addition to the stated agreement payment, based on the direct and actual costs of services requested by the District. 6. The District shall at its sole expense provide the police officers with office space, furnishings, computer equipment, telephone, utilities and supplies required to perform the agreed upon duties. 7. The rendition of enforcement services provided herein, the selection of officers, performance standards and discipline of police officers and any other personnel matters incidental to the performance of services provided herein shall remain with the City. The District; however, shall provide input of an advisory nature in regards to the selection and evaluation of the officers. 8. Police officers will be required to familiarize themselves with District policies, procedures and the District's mission and core values. 9. Police officers will be present at afterschool events and activities, including, but not necessarily limited to Varsity Football, Varsity Hockey, Homecoming Events and out-of-school time crisis and/or lockdown drills without additional compensation beyond that described in section 3 of the agreement.