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Home My WebLink AboutRESOLUTION NO. 2023-22RESOLUTION NO. 2023-22 RESOLUTION APPROVING THE CONTRACT FOR LAW ENFORCEMENT SERVICE WITH LINN COUNTY AND THE LINN COUNTY SHERIFF'S DEPARTMENT FOR FISCAL YEAR 2023-2024 BUDGET WHEREAS, the City Council of Fairfax, Iowa desires to have Linn County and the Linn County Sheriff's Department provide law enforcement protection within the corporate limits of the City of Fairfax. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Fairfax, Iowa, that the City of Fairfax agrees to pay to Linn County the sum of $40.00 per hour for eighteen (18) hours per week for law enforcement protection with said contract continuing in effect until June 30, 2024, or terminated in accordance with the provisions for termination, as set forth in the Contract attached hereto. BE IT FURTHER RESOLVED, by the Fairfax City Council of the City of Fairfax, Iowa, that the Mayor and City Clerk are hereby authorized and directed to execute this resolution of approval and the Mayor Pro Tempore is authorized to sign the Contract for Law Enforcement with Linn County and the Linn County Sheriff's Department. Passed and approved this 21 St day of March, 2023. AYES: Nurre, Daly, Pacha, Volk, and Wainwright NAYS: None ATTEST: � Marianne Wai ight, Mayor Pro Tempore % '",-� C� thia K. Stimson, City Clerk/Treasurer ,} _ ; I.i�n Co�nty She�°zif's ��ff��e FY 24 Contract for Law Enforcement Services T'his contract is entered into by and between Linn County, Iowa, hereafter referred to as Linn County, and tlie Sheriff of Linn C�unty, Iowa, hereafter referred to as the Linn County Sheriff, and the City of Fairfax, hereafter referred to as the City of Fairfax. Whereas, the City of Fairfax desires to have Linn County and the Linn County Sheriff provid� law en#'arcement protection; �nd Whereas, Linn County and the Linn County Shexiff are willing to provide this service to the City of Fairfax upon the terms and conditions hereinaftex set forth, Now, therefore, in consideration of the muival covenants and agreements set forth herein, the parties hereto legally intending to be bound hereby, do covenant and agree fox themselves and their xespective successors and assigns as follaws: 1) Linn County through its Sheriff's Office, will have a Deputy Sheriff on duty in the City of Fairfa�c, for _�� hours per week, at times dctermined by the SherifFs Ofi'ice. 2) Linn County through its Sheriff's Office, will at all times, answer calls for law enforcement service in the City of Fairfax at no additional charge beyond what is called foz under the terms of this contract. 3} In consideration of the services set forth herein, the Ciiy of Fairfax, agrecs to pay to Linn County the sum of Forty Dollara ($40.00) per hour. This hourly fee is determined by a formula of costs, which, in part, takes into consideration the financial responsibilities incurred by Linn County, as they relate to the provision of law enforcement services to the uiTy of Fairftuc. S�.�ch �nancia�. respomsibilities include, but are not limited to: � Salaries and fringe bene�ts of the Deputy Sheriff; ♦ Payments for support services and overhead costs; �♦ Maintenance of cost accounting records and the issuance of fmancial reports; and s Equipment costs, depreciation, and other direct and indirect costs. All billings and payments for services will be handled through the office of the L'znu County Sheriff s Office, in accordance with the practices and procedures of that office. 4) Responsibility for the pla.nning and organizing of law enforcement services and deterrnin.ing law enforceznent policy, xegulations, and other matters pertaining to the services provided to the City of Fairfaa� by the Deputy Sheriffs are to be dctez�mined by the Sheriff of Linn County. 5) So as to retain authority over personnel and to maintain effective accountability, the Sheriff of Linn County will be responsible for the hiring, training, assignment, discipline, and disnnissal of the Deputy Sheriffs providing services to the City of Fairfax. 6) Employment rights of Deputy Sheriffs assigned under this Cantract to provide law enforcement services to the City of Fairfax are not to be abridged by Linn County or the Linn County Sheriff. 7) Linn County agrees to supply all equipment, inclnding motor vehicles, to the Deputy Sheriffs engaged in providing the services to the City of Fairfax. 8) The City af Fairfax sha11 rnake available to the Deputy Sheriffs rendering services under the provisions of this Agreernent, suitable facilities for the purpose of canducting law enforcement activities. 9) Recoxds shall be maintained by the I.inn County Sheriff concez•ning the performance of services rendered to ihe City of Fairfax under this agreement. 10) On at least a monthly basis, the Linn County Sheriff shall provide to the Fairfax City Council service performance data relative to the se�rvices provided b� the Linn County Sherif�s O�fice under this Agreement which shall include, but not be limited to: ♦ Time of day the call was received; ♦ Ntunber of calls for service; �i Nature ofthe calls; ♦ Disposition of calls; 11) Guidelines for local ordinance enforcement by Ileputy Sheriffls providing services under this Agreement shall be dete�nined by the Fairfax City Council. 12) Individuals charged with violations of the local ordinances of the City of Fairfax sha11 be cited to appear irz the appropriate Iowa District Gourt. z 13} Revenues generated by the law enforcement activities of the Deputy Sheriffs shall be disposed of according to procedures established in the Code of Iowa. 14) In the event of a lawsuit arising from the provision of law enforcement services against the Linn County Sheriff andlor any o:f his or her employees under the terms of this contract, Linn County shall defend the Sheriff and his or her employees. 15} In the event of a lawsuit challenging the constitutionality of any ordinance of the City of Fairfax which is enforced by the Linn Couniy Sheriff as set forth herein, the City of Fairfax shall defend the constitutionality of said ordinance, 16) Should Linn County, the Linn. County SherifF, and any of his or her employees abiding by the terms of this Contract be found liable in a lawsuit, provisions for payrnent of compensation shall be made according to the Court; 17) Should a tort action be taken against the Linn County Sheriff and/or any of his or her employees, Linn County shall be responsible for indemnifyxng its officers according to Chapter b3 2A of the Code of Iawa. 18) Once this Agreement has been entered into, amendnnents and/or modifications shall not be made unless mutually agreed upon by all parties, and then in such case, the current Agreement shall be terminated and shall be replaced by the amended and/or modi�ed Agreement. 19) In the eveat o£ default by any party subj ect to this Agreernent, any other party subject to this Agreement shall have the right to pursue any course of legal action, which is allowed by law. 2Q) Either party may terminate this Agreement by giving the other parly ninety (90) days written notice of its intention to terminate said Agreement. 21) This Agteement is effective on the lgt day of July, 2023, and continues in effect until the 30�' day of June, 2024, or termi�nated in accordance with the provisions for termination as set out herein. In witness whereof, this Agreement has been executed and approved and is effective and operative as to each of the parties as herein provided. Linn Caunty, Iowa ��. ��' �`" � T '1' �r Chairperson Linn Cotuity Board of Supervisors i - I' Date �« ♦ Miayor for the City of Fairfax Q�oTP,��re. M .! �' Date Linn County Sheriff � � i'. � �— Sheriff of Linn County � �� Date 4