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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”). 2 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, 3 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, 4 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 5 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. 6 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. THE REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK 7 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. 8 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 9 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. THE REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK 10 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. THE REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK