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Home My WebLink AboutRESOLUTION NO. 2022-24RESOLUTION NO. 2022-24 RESOLUTION APPROVING THE CONTRACT FOR LAW ENFORCEMENT SERVICE WITH LINN COUNTY AND THE LINN COUNTY SHERIFF'S DEPARTMENT FOR FISCAL YEAR 2022-2023 BUDGET WHEREAS, the City Council of Fairfax, Iowa desires to have Linn County and the Linn County Sheriff's Departinent 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 $39.00 per hour for eighteen (18) hours per week for law enforcement protection with said contract continuing in effect until June 30, 2023, or tenninated 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 is authorized to sign the Contract for Law Enforcement with Linn County and the Linn County Sheriff's Department. Passed and approved this g'i' day of March, 2022. AYES: Nurre, Pacha, Volk, and Wainwright NAYS: None ABSENT: Daly �- n P�,.-�-�i�-.___ Burnell G. Frieden, Mayor ATTEST: J'� � -� '' :�-�� r �i"��" � . � �. 7 � Cyr��hia K. Stimson, City Clerk/Treasurer � �� - � � ep � V _ .... '-=a: 3•d:....:�i1' Linr� Cou�ty S�eriff s �`�ce FY 23 Contract for Law Enforcement Services This contract is entered into by alid between Linn County, Iowa, hereaftez• referred to as Linn Cour�ty, and the Sheriff of Linn County, 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 Fairfa:� desires to have Linn County and the Liz�x� C�}unty Sher.iff provide law enferceznent protection; and Whereas, Linn Cotuaty and the Linn County Sheriff are willing to provide this service to the C.ity of Fairfax upon the terms and conciitions hereinafter set forth, Now, therefore, in consideration af the mutual covenants and agreemerzts set forth herein, the parties hereto legally intending to be bound hereby, do covenant and agree for themselves and their respective successors and assigns as follows: 1) Linn Couz�ty through its Sheriff s Office, will have a Deputy Sheriff on duty in the eity of Fairfax, for hours per week, at times determined by the Sherif�s Ofiice. 2) Linn County tl�rough its Sheriff's O£fice, will at all times, answer calls for law enfarcement service in the City of Fairfax at no additional charge beyond what is called for under the terms of this contract. 3) In co�sideratinn of the services set forth herein, the City af Fairfax, agrees to pay to Linn County the sum of Thirty-Nine Dollars (�39.00) per hour. This hourly fee is determined by a formula af costs, which, it� part, takes intn considexation the �nanciai responsibilities inclxrred by Linn Cnunty, as they relate to the pxovision of law enforceznent services to the City of Fairfax. Sucl� �inancial responsibilities include, but are n.a� lzmited to: ♦ Salaries and fringe beneiits of the Deputy Sheriff; ♦ Payments for support services and overhead costs; ♦ Maintenance of cost accounting records and the issuance of financial reports; and ♦ Equipment costs, depreciation, and other direct and indirect costs. All billings and payments for services will be handled thxough the office of the Linza County Sheriff's Office, in aecordance with the practices and procedures of that office. 4) Respor�sibility for the planning and or�anizing of law enforcement scrvices and determining law enforcement policy, regulations, and other matters pertaining to the services provided ta the City of Fairfax by the Deputy Sheriffs are to be determined by the Sheriff a� Linn County. 5) So as to retain authority over persoimel and to maintain effective accountability, the Sheriff of Linn County will be responsible for the hiring, training, assignment, discipline, and d'asmissal of the Deputy Sheriffs providing services ta the City of Fairfax. G) �mployment rights of Deputy Sheriffs assigned under this Contract to provide law enf�rcement services to the C;ty of Paixfax are not to be abridAed by Linn County or the Linn County Sheriff. 7} Linn County agrees to supply �all equipment, including znotor vehicles, to the Deputy Sheri.ffs engaged in providing the services to the City af I'airfax. 8) The City a:f I�airfax shall make available to the Deputy Sheriffs xendering s�rvices under the provisions of this Agreernent, suitable facilities for the puzpose of conducting taw enforcement activities. 9} Records shall be maintained by the Linn County Sheriff eoncerning the performance of services rendered to the City of Fairfax under this agre�ment. l0) On at least a monthly basis, the Linn County Sheriff shall provide to the Fairfax City Council service perfozmance data relative to the services provided by the Linn County Sheriff's Office under this Agreemcnt which shall include, but not be lin�ited to: ♦ Tiine of day the call was xeceived; ♦ Number of calls for service; ♦ Nature of the calls; ♦ Dispositian of calls; 11) Guidelines for loeal ordinance enforeement by Deputy Sherift's providing services under this Agreement shall be determined by the Fairfax City Council. 1.2) 7ndividuals charged with violations of the local ordinances of the City of Fairfax shali be cited to appear in the appropriate Iowa District Court. 2 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 andlar az�y of his or laer employees undex the terms of this contract, Linn County shall defend the Sheriff and his or her employees. 15) In the event of a lawsuit challenging tlie constitutionality of any ordinance of the City of Fairfax which is enforced by the Lzz�n County Sheriff as set forth herein, the City of Fairfax shall defend the canstitutionality of said ordinance. 16) Should Linn County, the Linn Couaity Sheriff, and any of his or her employees abiding by th.e terms of this Contract be faund l.iable in a lawsuit, provisions for paymerzt of coinpensation s�.all be made according to the Court; 17) Should a toi�t action be taken against the Linn Caunty Sheriff and/or any of his or her employees, Linn County shall be respox�zsible for inden�u�zi�ying its officers according to Chapter 631 A of the Code af Iowa. 18) Once this Agreement has been entered into, a�mendments and/or modifications shall not be made unless mutually agreed upon by alI parties, and then xn such case, the current Agreement shall be terminated and shall be replaced by the arz�zended and/or modified Agreeinent. 19) In the event of default by any party subject to this Agreement, 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 party ninety (90) days written notice of its intentian to terminate said ngreexnent. 21) 'T'his A�;reement is effective on Yhe 1 St day of July, 2022, and continues in effect >>ntil the 30th day of June, 2023, or terminated in accordance with the provisions for termination as set out herein. In witness whereof, thzs Agreement has been executed and appxoved and is effective and operative as to eacla of the parties as herein provided. Linn County, Iowa �� :r � \ , ;� Chairperson �� '� Linn County Board of S�ipervisors �� C.� � -.�� .�_�_._. Date � x � �e � Mayor for the City of Fairfax Date 4 Linn County Sheriff a Sheriff of Linn Caunty Date