Loading...
3.5. SR 12-01-2008Elk REQUEST FOR ACTION River To Item Number Ci Council 3.5. Agenda Section Meeting Date Prepared by Consent December 1, 2008 effre A. Beahen, Chief of Police Item Description Reviewed by Approval of School District and City of Elk River School Liaison Contract Reviewed by Action Requested Requesting that the council approve the attached contract between the School District and the City of Elk River for School Liaison Services at the Elk River schools. Background/Discussion The School District has been undergoing review of their fiscal polices and they discovered that there is no formal agreement for our provision and their payment for our police department school liaison services. The district drafted an agreement and after review and revision by both Peter Beck and Lori Johnson, the contract is ready for your review and signature. We have actually been operating under just a verbal agreement, so this document assures us that we will be paid as agreed upon by the district each school year. The amount previously promised is provided for in this document, and thus there is no change to what we have budgeted for revenue in 2009. Financial Impact There is no financial impact. Attachments ^ Contract Action Motion by Second by Vote Follow Up C:\Documents and Settings\jjohnson\Local Settings\Temporary Internet Files\OLK49\Action Requesteddoc 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 Elk River Area School District #728, 815 Highway 10, Elk River, Minnesota, 55330, (hereinafter referred to as the "District"). WITNESSETH WHEREAS, the District and City are both corporate bodies politic under the Laws of the State of Minnesota; and WHEREAS, both the City and the District desire to enter into this 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 Statue §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 2008-2009 school year, beginning July 1, 2008 and terminating June 30, 2009. This Agreement may be extended for successive one-year periods provided, however, that the District must notify the City of its desire to extend not later than 60 days prior to the expiration of the current term. Any extension of this Agreement must be approved by the District and the City. 3. PAYMENT FOR SERVICES The District shall pay the City for providing services outlined on Attachment A. The amount of the payment for the 2008 - 2009 school year shall be $75,000 ($25,000 per officer, up to three (3) officers). The amount of the payment for future school years shall be agreed to at the time of approval by the District and the City of an extension of this Agreement for future years. The District shall make payment to the City upon presentation of an invoice from the City. Payment for services will be made in advance in two equal payments for the periods of July 1, 2008 -December 31, 2008 and January 1, 2009 -June 30, 2009. Payment shall be made within thirty (30) days from receipt of the invoice. 4. CONTRACT ADMINISTRATION A. The City designates the City Administrator orhis/her designee to represent the City in all matters connected with the Agreement on behalf of the City. B. The District designates its Superintendent to represent the District in all matters connected with this Agreement on behalf of the District. C. The City's designee shall be available at reasonable times upon reasonable notice to confer with the Superintendent of the District. Whenever feasible, practical, and not in conflict with mandated duties and responsibilities, the City shall endeavor to provide the services agreed upon herein in accordance with the intent of the District. D. 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 parties shall be independent contractors with respect to all services performed under this Agreement. The parties represent that they will secure all personnel required to execute, administer and perform and review this Agreement. The personnel of the parties, engaged in the performance of this Agreement shall not be considered employees of the other party for purposes of unemployment compensation worker's compensation or any other employment related matters. 6. INDEMNIFICATION AND INSURANCE A. 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, Chapter 466. B. The City and District each warrant that they are able to comply with the foregoing indemnity requirement through an insurance orself-insurance program. 7. SUCCESSORS. SUBCONTRACTING AND ASSIGNMENTS The parties agree not to assign, subcontract, transferor pledge this contract and/or the services to be performed hereunder whether in whole or in part, nor assign any monies due or to become due to them hereunder without prior written consent of the other party. 8. AMENDMENTS AND MODIFICATIONS A. 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. B. 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 and approved by both the City and the District. 9. TERMINATION OF THE AGREEMENT Either party may cancel this Agreement by giving the other sixty (60) days written notice of cancellation. In the event of a cancellation, there shall be no refund of any amount paid under this agreement and neither party shall be further obligated to the other. 10. 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 City of Elk River 13065 Orono Parkway Elk River, MN 55330 With a copy to: Chief of Police City of Elk River 13077 Orono Parkway Elk River MN 55330 DISTRICT: Superintendent Elk River Area School District #728 815 Highway 10 Elk River, MN 55330 11. 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. CITY OF Elk RIVER Date Lori Johnson, City Administrator Date Stephanie Klinzing, Mayor ELK RIVER AREA SCHOOL DISTRICT #728 Date Dr. Mark Bezek, Superintendent Date Todd Schaeffer, Board Chair Attachment A 1. The services to be provided shall encompass only those duties and functions which are within the jurisdiction of and customarily rendered by the Police as established by and in conformance with the Laws of the State of Minnesota. 2. To the extent that the Police provide general law enforcement services within the District, such services shall include and consist of enforcement of the criminal and vehicular traffic statutory provisions of the State of Minnesota which are applicable hereto. 3. The services to be provided under this Agreement shall be performed at Meadowvale Elementary, Twin Lakes Elementary, Parker Elementary, Lincoln Elementary, Salk Middle, VandenBerge Middle, Elk River High, and Ivan Sand Community Schools. The selection of the actual dates, hours, and location for the performance of the services compensable hereunder shall be subject to the discretion of the Police. 4. In the event that the Police, at the request of the District, perform other services not herein described or which exceed the agreed level of service provided herein, such services shall be billed, in addition to the payment stated herein, based upon the direct cost of services requested by the District. 5. The Police shall provide such enforcement services referenced herein from existing headquarters and facilities, and facilities that the City may hereafter establish. In the event that the parties to this Agreement concur as to the necessity of maintaining a facility within the District which would not normally be established by the City or the Police, the District shall provide at its sole expense all necessary space, furnishings, computer equipment, telephones, utilities and other charges and services directly incidental to the existence and operation of the facility. 6. Notwithstanding any other provision of this Agreement, the District shall at its sole expense supply any special stationary, supplies, notices or forms which are to be issued in the name of the District in connection with the rendition of the services provided herein. 7. The rendition of the enforcement services provided herein, the performance standards, the discipline of the Police's personnel as well as other matters incidental to the performance of such services, including the right to control assigned personnel, shall remain within the exclusive authority of the Police. 8. For the purpose of performing services provided herein, the Police shall fixrnish all necessary human resources, supervision, equipment, communication facilities and dispatching services as well as all supplies necessary to maintain the agreed-upon level of service to be rendered herein unless otherwise provided herein.