03-07-23 City Council Agenda Addendum - Law Enforcement Services Agreement with Hennepin County1
Contract No:
LAW ENFORCEMENT SERVICES AGREEMENT
This Law Enforcement Services Agreement (this “Agreement”) is between the COUNTY OF
HENNEPIN, STATE OF MINNESOTA (the “COUNTY”), A‐2300 Government Center, Minneapolis,
Minnesota 55487, on behalf of the Hennepin County Sheriff’s Office (“HCSO”), and the City of
Golden Valley (“CITY”), 7800 Golden Valley Road, Golden Valley, Minnesota 55427.
WHEREAS, CITY is a statutory city as defined by Minn. Stat. § 410.015, and operating under
Optional Plan B pursuant to Minn. Stat. §§ 412.601 to 412.751; and
WHEREAS, CITY has the power under Minn. Stat. § 412.221, subd. 32, to provide for the
government, good order, and general welfare of the city, including but not limited to the
prevention of crime and the protection of public and private property; and
WHEREAS, CITY has the power under Minn. Stat. § 412.671 to create departments, divisions, and
bureaus for the administration of the affairs of the city as may seem necessary, and has in fact
created a municipal police department for the provision of police service, prevention of crime,
and protection of life and property; and
WHEREAS, CITY’s municipal police department is experiencing a shortage of licensed peace
officers;
WHEREAS, CITY lies entirely within the geographical area of Hennepin County, Minnesota;
WHEREAS, the Hennepin County Sheriff has statutory authority to keep and preserve the peace
within Hennepin County; and
WHEREAS, CITY seeks to contract with COUNTY for HCSO for law enforcement and related
services on a short‐term basis while CITY addresses its staffing shortage and HCSO is willing to
provide such services to CITY;
Pursuant to the foregoing, the parties agree as follows:
1. TERM
COUNTY shall provide Services (as defined herein) commencing March 15, 2023 and
ending at midnight on December 31, 2023, unless terminated sooner pursuant to the
provisions herein.
2. SERVICES AND OBLIGATIONS
Pursuant to the terms herein, COUNTY, by and through HCSO, shall exercise best efforts
to assign law enforcement personnel (regardless of rank, assigned HCSO personnel may
collectively be referred to herein as “Deputies”) to provide law enforcement and
related services for CITY in and around the geographical boundaries of the City of
Golden Valley as more fully described in Attachment A (“Services”).
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Services shall encompass only those duties and functions that are within the jurisdiction
of and customarily rendered by HCSO in accordance with applicable law, including but
not limited to enforcement, investigation, emergency response, duties authorized by
law, proactive patrol, response to calls for public safety services, crime prevention,
investigation of criminal activity, assistance with local and state prosecutions, and other
agreed upon duties.
3. PAYMENT FOR SERVICES
COUNTY shall invoice and CITY shall pay COUNTY for each hour of Services actually
performed hereunder at the rates set forth in Attachment A., subject to the following
adjustment for over‐time:
• hours of Services which exceed eight (8) hours per day for an individual Deputy
or eighty (80) hours per payroll period for an individual Deputy shall be overtime
and compensated at the hourly rate set forth on Attachment A; and
the foregoing calculations of hours to determine overtime include all hours of
performance for COUNTY by each specific deputy – not only hours of Services performed
hereunder.
CITY shall pay invoiced amounts within thirty (30) days from receipt of the invoice.
4. NO AGENCY RELATIONSHIP
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 hereto or as constituting either party as an agent, representative, or employee
of the other for any purposes or in any manner whatsoever. Each party is to be and
shall remain an independent contractor with respect to all Services performed under
this Agreement.
5. INDEMNIFICATION AND LIMITATION OF LIABILITY
Except for liability, claims, injury, damages, costs or expenses resulting from COUNTY’s
intentional, willful or wanton acts, CITY shall defend, indemnify, and hold harmless
COUNTY, its present and former officials, officers, agents, volunteers and employees,
including but not limited to individual Deputies to the extent they are
individually/personally named in any action, from any liability, claims, injury, damages,
costs, or expenses, including reasonable attorney’s fees, resulting (i) directly from
COUNTY’s performance of Services, including but not limited to claims under state or
federal law, including but not limited to 42 U.S.C. §1983, Monell claims, attorney’s fees
and costs under 42 U.S.C. § 1988, (ii) from any act or omission of CITY, CITY’s
subcontractor or anyone directly employed by CITY and (iii) against all loss by reason of
the failure of CITY to perform any obligation under this Agreement.
The Parties agree that County personnel providing services under this agreement, as an
independent contractor, shall neither require nor be entitled to any compensation,
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rights, or benefits of any kind whatsoever from CITY, including without limitation,
tenure rights, medical and hospital care, sick and vacation leave, Workers'
Compensation, Unemployment Insurance, disability, severance pay, continuing health
insurance benefits under Minnesota Statutes section 299A.465 (“Workers’
Compensation Continuing Benefits”), and disability benefits from the Public Employees
Retirement Association under Minnesota Statutes, Chapter 353 (“PERA”). As between
the parties, COUNTY shall be solely responsible for providing, responding to, and, as
applicable, defending/litigating the foregoing. In the event there is a judicial or
administrative finding, including a finding by COUNTY’s claims administrator that an
injury arose out of and ocurred during the course and scope of performance of duties or
services hereunder, CITY shall indemnify COUNTY, its present and former officials,
officers, agents, volunteers and employees for expenses, payments, and the costs of
managing, paying, and/or litigating any alleged injury, including but not limited to wage
loss benefits, rehabilitation benefits, medical benefits, permanent partial disability,
vocational rehabilitation benefits, death and dependency benefits, and other payments
or expenses associated with the alleged injury or any settlement of the foregoing.
COUNTY shall notify CITY of any such claims within 15 days of the Deputy filing an
application for benefits.
HOWEVER, CITY’S AGGREGATE LIABILITY ARISING OUT OF THE FOREGOING WORKERS’
COMPENSATION, WORKERS’ COMPENSATION CONTINUING BENEFITS, AND PERA
INDEMNIFICATION OBLIGATIONS FOR ALLEGED INJURIES POST‐TRAMATIC STRESS
SYNDROME (PTSD) SHALL NOT EXCEED ONE HUNDRED THOUSAND DOLLARS ($100,000)
PER ALLEGED INJURY.
The parties expressly agree that, with respect to the resolution of any matter subject to
CITY’s obligations under this Section 5, neither party will disparage nor attribute or
stipulate to any liability, wrongdoing, negligence, etc., to the other party, without such
other party’s express written consent.
EXCEPT FOR LIABILITY, CLAIMS, INJURY, DAMAGES, COSTS OR EXPENSES RESULTING FROM
COUNTY’S INTENTIONAL, WILLFUL OR WANTON ACTS AND EXCEPT FOR COUNTY’S
OBLIGATION TO PROVIDE WORKERS’ COMPENSATION, WORKERS’ COMPENSATION
CONTINUING BENEFITS AND PERA CLAIMS FOR DEPUTIES ALLEGING INJURY HEREUNDER,
COUNTY WILL NOT BE LIABLE FOR ANY LOSS, LIABILITY, DAMAGE OR INJURY, INCLUDING
BUT NOT LIMITED TO SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES OR LOST
PROFITS ARISING OUT OF OR RELATED TO THIS AGREEMENT, EVEN IF THE PARTIES HAVE
KNOWLEDGE OF THE POSSIBILITY OF SUCH DAMAGES AND WHETHER OR NOT SUCH
DAMAGES ARE FORSEEABLE.
Liability of the CITY and COUNTY shall be governed by the provisions of the Municipal
Tort Claims Act, Minnesota Statutes, Chapter 466, and other applicable laws.
6. DATA PRACTICES
Each party and its officers, agents, owners, partners, employees, volunteers and
subcontractors agree to abide by the provisions of the Minnesota Government Data
Practices Act, Minnesota Statutes, Chapter 13, the Minnesota Health Records Act,
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Minnesota Statutes, §144.291 et seq., the Health Insurance Portability and
Accountability Act and implementing regulations, if applicable, and all other applicable
state and federal laws, rules, regulations and orders relating to data privacy or
confidentiality, and as any of the same may be amended.
The Parties agree to defend, indemnify, and save and hold each other harmless from all
claims arising out of, resulting from, or in any manner attributable to any violation or
any provision of the Minnesota Government Data Practices Act.
7. MERGER AND MODIFICATION
A. It is understood and agreed 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. All items that
are referenced or that are attached are incorporated and made a part of this
Agreement. The matters set forth in the “WHEREAS” clauses at the beginning
of this Agreement are by this reference incorporated into and made a part of
this Agreement. If there is any conflict between the terms of this Agreement
and referenced or attached items, the terms of this Agreement shall prevail.
B. Any alterations, variations, modifications, or waivers of provisions of this
Agreement shall only be valid when they have been reduced to writing as an
amendment to this Agreement signed by the parties.
8. DEFAULT AND CANCELLATION
If either party fails to perform any of the provisions of this Agreement or so fails to
administer the work as to endanger the performance of the Agreement, it shall be in
default. Unless said party’s default is excused in writing by the other party, said party
may upon written notice immediately cancel or terminate this Agreement in its entirety.
This Agreement may be canceled with or without cause by either party upon thirty (30)
days’ written notice.
Any remedies expressly set forth herein, including but not limited to the right to
terminate this Agreement, shall be in addition to any other right or remedy available to
the party under this Agreement, law, statute, rule, and/or equity.
Provisions that by their nature are intended to survive the term, cancellation or
termination of this Agreement include but are not limited to: SERVICES AND
OBLIGATIONS; NO AGENCY RELATIONSHIP; INDEMNIFICATION AND LIMITATION OF
LIABILITY; DATA PRACTICES; DEFAULT AND CANCELLATION; MEDIA OUTREACH; and
MINNESOTA LAW GOVERNS.
9. CONTRACT ADMINISTRATION
Major Shane M. Magnuson, 612‐348‐0333, or successor (Contract Administrator), shall
manage this Agreement on behalf of the COUNTY and serve as liaison between the
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COUNTY and CITY.
Alice White, Assistant Chief of Police, City of Golden Valley, 7800 Golden Valley Road,
Golden Valley, Minnesota 55427, 763‐512‐2503, awhite@goldenvalleymn.gov, or
successor, shall manage the agreement on behalf of the CITY and serve as liaison
between the CITY and COUNTY.
Either party may replace such person but shall immediately give written notice to the
other party of the name, phone number and email address (if available) of such substitute
person and of any other subsequent substitute person.
10. COMPLIANCE WITH APPLICABLE LAW
Each party shall comply with all applicable federal, state and local statutes, regulations,
rules and ordinances currently in force or later enacted.
11. NOTICES
Any notice or demand which must be given or made by a party under this Agreement, or
any statute or ordinance, shall be in writing, and shall be sent registered or certified
mail. Notices to the COUNTY shall be sent to the Hennepin County Administrator –
A2300, Hennepin County Government Center, 300 South Sixth St, Minneapolis,
Minnesota 55415 with a copy to HCSO at the address given in the opening paragraph of
the Agreement. Notice to CITY shall be sent to the address stated in the opening
paragraph of the Agreement.
12. MEDIA OUTREACH
The parties shall coordinate to produce collaborative and mutually acceptable
Outreach. As used herein, the term “Outreach” shall mean an entity’s official media,
social media, news releases, and external facing communications that
a. in the case of Outreach published by CITY
i. reference or otherwise use the term “Hennepin County”, the “Hennepin
County Sheriff’s Office” or “Sheriff Dawanna S. Witt” or any derivative
thereof; or
ii. directly or indirectly relate to, reference or concern the County of
Hennepin, this Agreement, the services performed hereunder or COUNTY
personnel, including but not limited to COUNTY employees and elected
officials.
b. In the case of Outreach published by HCSO
i. reference or otherwise use the term “City of Golden Valley” or the
“Golden Valley Police Department” or any derivative thereof; or
ii. directly or indirectly relate to, reference or concern the Golden Valley
Police Department, this Agreement, the services performed hereunder or
CITY personnel, including but not limited to CITY employees and elected
officials.
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Outreach shall be approved by both parties, by and through the Contract Administrators
or their designee(s), prior to publication or release. However, neither party shall
unreasonably refuse to approve Outreach that is: (i) factually accurate; and (ii) public
government data. The parties expressly agree that Outreach does not include, and
thereby mutual approval is not required for: (i) impromptu or spontaneous verbal
statements by a party’s designated officials, including but not limited to any elected
officials or their assigns; or (ii) individuals communicating without a party’s authorization.
13. 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 their performance. The appropriate venue and jurisdiction for
any litigation will be those courts located within the County of Hennepin, State of
Minnesota. Litigation, however, in the federal courts involving the parties will be in the
appropriate federal court within the State of Minnesota. If any provision of this
Agreement is held invalid, illegal or unenforceable, the remaining provisions will not be
affected.
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County Administrator Authorization
Reviewed by the County
Attorney’s Office
By: _______________________
Date: ______________________
Reviewed by:
___________________________________
County Administration Clerk
COUNTY OF HENNEPIN
STATE OF MINNESOTA
By: ________________________________
County Administrator
Date: ______________________________
HENNEPIN COUNTY SHERIFF’S OFFICE
By: ________________________________
Tracey A. Martin, Chief Deputy
Hennepin County Sheriff’s Office
CONTRACTOR
CONTRACTOR warrants that the person
who executed this Agreement is authorized
to do so on behalf of CONTRACTOR as
required by applicable articles, bylaws,
resolutions or ordinances.*
By: _______________________________
Shepard Harris, Mayor
Date: ______________________________
By: _______________________________
Timothy Cruikshank, City Manager
Date: ______________________________
*CONTRACTOR shall submit applicable documentation (articles, bylaws, resolutions or
ordinances) that confirms the signatory’s delegation of authority. This documentation shall be
submitted at the time CONTRACTOR returns the Agreement to the COUNTY. Documentation is
not required for a sole proprietorship.
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ATTACHMENT A
SERVICES
I. Pursuant to the terms of this Agreement, COUNTY shall provide Services in accordance with
the following:
Unless the parties otherwise agree and subject to the provisions herein, COUNTY shall
provide at least two (2) Deputies throughout each day to perform Services. However,
the parties expressly acknowledge and agree that the foregoing obligation is subject to
the availability of Deputies to keep and preserve the peace throughout all of Hennepin
County and to perform all other express and implied duties. If, in COUNTY’s sole
discretion, resource availability or other good cause demands prioritizing and responding
to the needs of the County of Hennepin. At any time, COUNTY may refuse to assign or
recall already assigned Deputies when such recall is in the best interest of the County of
Hennepin. All of the foregoing Services shall be paid at the hourly rates set forth herein,
regardless of the number of Deputies performing.
Nothing herein is intended to nor shall be construed as narrowing or otherwise
modifying the duty, rights, or jurisdiction of HCSO.
To the extent Services include enforcement of the regulatory ordinances duly adopted
by the governing body of CITY, CITY will provide HCSO with a sufficient number of
complete and current copies of said regulatory ordinances.
HCSO and its assigned Deputies shall work collaboratively with CITY law enforcement
personnel. However, the parties expressly acknowledge and agree that HCSO is not
responsible for command or control of any CITY personnel, including but not limited to
CITY law enforcement personnel.
CITY shall provide radio equipment and dispatching necessary for communications
between Deputies and CITY/CITY law enforcement personnel. HCSO shall be solely
responsible for identifying and supplying Deputies with equipment and supplies
necessary to perform Services, including, as HCSO deems appropriate, squad cars, a
seasonally appropriate patrol uniform of the day, service belts, HCSO radio equipment,
service weapon, personal soft ballistic body armor, and traffic vests.
Deputies shall perform Services and related law enforcement activity, including
detention, arrest, and documentation in accordance with HCSO’s operating standards,
policies, and procedures as well as applicable law. Unless the parties otherwise agree,
HCSO shall be solely responsible for and shall arrange transport and/or booking of any
arrested/detained individuals which may include transportation to, and supervision
during, necessary medical treatment. For clarification and not limitation, nothing herein
is intended to nor shall be construed as modifying, altering, waiving, releasing or
otherwise affecting in any manner whatsoever any duties or obligations imposed by
HCSO’s standards, policies, and procedures or by applicable law.
HCSO shall be solely responsible for the selection and assignment of Deputies and other
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personnel to perform Services
HCSO shall be exclusively responsible for deputy performance standards, the discipline
of Deputies, and other matters incidental to the performance of Services including the
right to control assigned Deputies. CITY shall refer concerns about assigned Deputies,
including instances of alleged misconduct or other disciplinary matters as soon as
practicable, to Major Shane M. Magnuson, Sheriff’s Administration, for investigations,
referral, or other appropriate actions. HCSO will retain sole authority and responsibility
for discipline of Deputies.
Notwithstanding the Media Outreach provisions in the Agreement, the parties further
agree that in the event of any actual or alleged unusual incidents, emergencies, and/or
controversial situations which arise in relation hereto, each party shall immediately
report such incidents to the other party and shall immediately cooperate, collaborate,
and coordinate with the other party to investigate, remedy and/or respond to the same.
For purpose of this paragraph "unusual incident, emergency, or controversial situations"
include but are not limited to any actual or alleged assault, sexual assault/misconduct,
excessive force, or other act of violence, by a party, a party's personnel or agent(s), a
prisoner, or any third party, any escape or attempted escape of a prisoner or any other
breach of security, any excessive delay in the transportation of a prisoner, and any
refusal of any party to release a prisoner as authorized or directed by applicable law.
For clarification and not limitation of the provisions herein, including the Media Outreach
obligations in the Agreement, the parties shall cooperate, collaborate, and coordinate
any official external facing communications regarding any unusual incident, emergency,
or controversial situation.
CITY shall at its sole expense supply any special stationary, supplies, notices, or forms
which are to be issued by HCSO in the name of the CITY in connection with the Services.
HCSO shall provide Services from HCSO owned, operated, or accessible facilities.
However, CITY may, in its sole discretion, elect to provide one or more
alternative/additional facilities for use by HCSO, including but not limited to providing
necessary space, furnishings, utilities and other equipment and services necessary or
incidental to the existence and operation of said facility. If such facility is established by
the CITY and maintained within the geographic boundaries of the CITY, such facility may
be utilized by the HCSO in connection with the performance of HCSO’s duties and
functions beyond performing Services, including law enforcement and other related
legal obligations beyond the geographic boundaries of the CITY, provided, however, that
the performance of such duties and functions shall not be at any additional cost to the
CITY.
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II. As further described in the Agreement, COUNTY personnel shall be paid the following
hourly rate for each of Services performed hereunder:
Regular Rate Overtime Rate
1) Sheriff’s Deputy ‐ $57.77/hour $78.89/hour
2) Sheriff’s Sergeant ‐ $71.03/hour $97.00/hour
3) Sheriff’s Lieutenant ‐ $78.85/hour $107.67/hour
4) Sheriff’s Captain 5) HCSO Personnel Not Included Above ‐ ‐ $86.73/hour $57.77/hour $118.44/hour $78.89/hour
Notwithstanding the foregoing established rates, the parties expressly acknowledge and agree
that COUNTY may adjust said rates, during the term of this Agreement, to reflect pro‐rata
changes resulting from changes in collective bargaining or other applicable contracts. COUNTY
shall give CITY written notice of any applicable adjustment in rates.
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