4.9. SR 06-07-2021
Request for Action
To Item Number
Mayor and City Council 4.9
Agenda Section Meeting Date Prepared by
Consent June 7, 2021 Ron Nierenhausen, Chief of Police
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 was previously entered into a service agreement with the district to provide law enforcement liaison
services. The agreement will expire June 30, 2021, and the district would like to renew the agreement for a two-
year period commencing July 1, 2021 and concluding on June 30, 2023.
Financial Impact
The agreement specifies that the district pay the city $158,490 for the 2021-2022 school year and $165,621 for the
2022-2023 school year for the services of three (3) officers at the rate of $52,830 per officer for the 2021-2022
school year and at a rate of $55,207 per officer for the 2022-2023 school year. The total financial benefit of the city
for the period of the agreement is $324,111.
Mission/Policy/Goal
N/A
Attachments
Law Enforcement Service Agreement between the City of Elk River and the Elk River Area School
District.
The Elk River Vision
A welcoming community with revolutionary and spirited resourcefulness, exceptional
service, and community engagement that encourages and inspires prosperity.
Updated: August 2020
LAW ENFORCEMENT SERVICES AGREEMENT
THIS AGREEMENT made and entered into by and between the City of Elk River, Sherburne County, State
of Minnesota, (hereinafter referred to as the "City") 13065 Orono Parkway, Elk River, Minnesota 55330
and the Independent School District 728, 11500 193rd Ave NW, Minnesota, 55330, (hereinafter referred
to as the "District")
WITNESSETH
WHEREAS, both the City and the District desire to enter into this Agreement (hereinafter referred to as
"Agreement") for the provision of law enforcement services by the Elk River Police Department
(hereinafter referred to as the "Police", to the District; and
WHEREAS, this Agreement is authorized and provided for by Minnesota Statute §471.59.
NOW, THEREFORE, in consideration of the mutual undertaking and agreements hereinafter set forth,
the City and the District agree as follows:
1. SERVICES TO BE PROVIDED
The Police will provide general law enforcement services at District facilities as more fully
described in Attachment A.
2. TERM OF THE AGREEMENT
The term of this Agreement shall be for the 2021-2022 and — 2022-2023 school years, beginning
July 1, 2021 and ending June 30, 2023.
3. PAYMENT FOR SERVICES
The District shall pay the City for providing services outlined on Attachment A. The amount of
the payment for the 2021-2022 school year shall be $158,490 ($52,830 per officer, up to three
(3) officers). The amount of the payment for the 2022-2023school year shall be $165,621
($55,207 per officer, up to three (3) officers).
The District shall make payment to the City upon presentation of an invoice from the City.
Payment for services will be made in two equal payments for the periods of July to December
and January to June. Payment shall be made within thirty (30) days from 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 the Agreement on behalf of the City.
The District designates its Executive Director of Business Services or his/her designee 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 the Police shall provide the full cooperation and assistance of its officers,
employees, and agents to each other 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 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 ASSIGNMENTS
The parties agree not to assign, subcontract, transfer this Agreement or its services whether in
whole or in part without prior written consent of the other party.
8. 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 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 addressed as follow:
CITY: City Administrator
With a copy to:
City of Elk River
13065 Orono Parkway
Elk River, MN 55330
Chief of Police
City of Elk River
13077 Orono Parkway
Elk River MN 55330
DISTRICT: Executive Director of Business Services
Elk River Area School District #728
11500 193rd Ave NW
Elk River, MN 55330
10. ACCESS TO EDUCATION RECORDS
School officials shall allow the Police to inspect and copy any public records maintained by the
school including student directory information such as yearbooks; however, the Police may not
inspect and/or copy private educational data except in emergency situations. If some
information in a student's cumulative record is needed in a health and safety emergency or to
protect the health or 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 or safety; the need for the data to address the
emergency situation and the extent to which time is of the essence. If private educational data
is needed, but no emergency situation exists, the information may be released upon issuance of
a valid court order, search warrant or subpoena to produce the records.
11. GOVERNMENT DATA PRACTICES ACT
The City and District must comply with the Family Educational Rights and Privacy Act ("FERPA")
and the Minnesota Government Data Practices Act, Minnesota Statutes Chapter 13, as it applies
to all data provided by 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 sand
performance under this Agreement.
13. REPORTING
The Police will provide statistical reporting on selected data to the School District a minimum of
two times per school year (mid -year and end -of -year reports).
14. TRAINING
The SRO shall receive such training as is necessary to permit the SRO to effectively advance the
school's educational mission in the context of his or her duties as SRO. Therefore, the Parties
agree to jointly deliver and require onboarding training and, on at least an annual basis, two (2)
hours of training for SROs on one or more of the following topics:
• Understanding school violence and victimization
■ Preventing violence in school settings
• School safety and emergency plans
• Social and emotional learning
• Restorative problem solving
• Positive behavior interventions and supports
• Trauma informed care
• Cultural competency
■ Bullying prevention
• Suicide prevention/postvention
• School mental health
• Youth brain development
Note that training delivered by ISD 728 may or may not meet the requirements for Minnesota
P.O.S.T. Board continuing education credits.
Date
Date
a- ac)QA
Date
CITY OF ELK RIVER
Tina Allard, City Clerk
John Dietz, Mayor
INDEPENDENT SCHOOL DISTRICT 728
Kim Eisenschenk, Executive Director of Business Services
Attachment A
1. The police officer(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, Ivan Sand Community High School, Elk River Middle School ALC, and
the COMPASS Program.
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 after school events and activities, including but not limited to Varsity
Football, Varsity Hockey, Homecoming, MORP, Prom and Graduation events. These events will be billed
to the district quarterly in conjunction with approvals and actual cost of service as outlined in Attachment
A, number 5 of this agreement.
10. Police officers will be present at out -of -school time crisis and/lockdown drills without additional
compensation beyond that described in section 3 of this agreement, including canine and other routine
building searches.
2021 -2022 and 2022-2023 Pre-Authorized Events
Hockey Games:
o Usually 11-12 games.
o 1-2 officers per game.
Football Games:
o Usually 4 games.
o 3-4 officers per game.
ERAHS Prom Grand March:
o 1 officer @ 2 hours
Ivan Sand Prom:
o 1 officer @ 3 hours
ERAHS school dance (MORP)
o 1 officer @ 3 hours
Homecoming parade and events (parade and dance etc.):
o Up to 12 officers @ 2 hours
ERAHS Graduation (honor guard and security):
o 6 officers @ 3 hours
Miscellaneous speaking engagements:
o 1 officer @ 1 event @ 2 hours
o Driver’s Education Presentations Community Education will contact the Police
Department and arrange presentations directly. These events should be billed to
Community Education and noted as such on the billing.
All pre-authorized events will be billed based on actual costs, on a quarterly basis. Bills are to be
sent to:
Independent School District 728
Attn: Executive Director of Business Services
11500 193rd Ave NW
Elk River, MN 55330