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Home My WebLink AboutRESOLUTION NO. 04-01-27-4 RESOLUTION CONTRACT FOR LAW ENFORCEMENT SERVICES WITH LINN COUNTY AND THE LINN COUNTY SHERIFF FOR FY 2004/2005 WHEREAS, a contract between the City of Fairfax,Lina County and the Linn County Sheriff for law enforcement protection for _hours per week at the rate of twenty dollars ($20.00)per hour commencing July 1, 2004 and continues in effect through June 30, 2004; and, NOW THEREFORE BE IT RESOLVED,by the City Council of the City of Fairfax, Iowa, the Mayor and the City Clerk are hereby directed to certify this resolution of approval and the Mayor is authorized to sign the contract with Linn County and the Linn County Sheriff. Passed and approved this day of , AYE NAY ABSENT Bill Voss,Mayor ATTEST: Mary Pacha, City Clerk Office of COLONEL KARL KOL7 DONALD D. ZELLEF�i Sheriff'sOffice1t Deputy Linn Count S riff (319)892-6100 FAX(319)892-6276 kart.koiz llnncau nty.org Civil Process MAJOR GALEN SCHWARTZ (319)892-6240 FAX(319)892-6241 2nid Deputy Criminal Division gafen.schwartz@linncounty.org (319)892-6250 FAX(319)892-6242 1 2nd AVG. 5.W. MAJOR BILL YOUNT P.Q. BOX 669 Dispatch-Patrol 2ind Deputy (319)892-6100 FAX(319)892-6275 bll.yenuntllnncaunty.arg Cedar Rapids, lA 52406-06619, sheriff@Iinncounty.org www.linncounty.org December 10,-2003 City of Fairfax PO Box 337 525 Vanderbilt ' t. Fairfax, IA 52228 Dear Mary Pacha, Please find enclosed the Law Enforcement Contracts for FY 04/05. Please indicate the number of hours you want to contract for on the front page. There is no cost increase for this fiscal year contract. Once signed and dated, please return the original to the Linn County Sheriffs Office, Sincerely, La : rmancial Advisor Linn County Sheriff's Office FY04/05 Contract For Lave Enforcement Services This contract is entered into by and between Linn County,Iowa, hereafter referred to as Linn County, 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 Fairfax desires to have Linn County and the Linn County Sheriff provide law enforcement protection; and Whereas, Linn County and the Linn County Sheriff are willing to provide this service to the City of Fairfax upon the terms and conditions hereinafter set forth, Now, therefore, in consideration of the mutual covenants and agreements 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 County through its Sheriffs Office, will have a Deputy Sheriff on duty in the City of Fairfax, for hours per week, at times requested by the Mayor of the City of Fairfax, 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 for under the terms of this contract. 3) In consideration of the services set forth herein, the City of Fairfax, agrees to pay to Linn County the sum of Twenty Dollars ($20.00) 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 City of Fairfax. Such financial responsibilities include, but are not limited to: Salaries and fringe benefits 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 through the office of the Linn County Sheriffs Office, in accordance with the practices and procedures of that office. 4) _ Responsibility for the planning and organizing of law enforcement services and determining law enforcement policy, regulations, and other matters pertaining to the services provided to the City of Fairfax by the Deputy Sheriffs are to be mutually agreed upon by the Sheriff of Linn County and the Mayor of the City of Fairfax. 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 dismissal of the Deputy Sheriffs providing services to the City of Fairfax. 6) Employment rights of Deputy Sheriffs assigned under this Contract 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, including motor vehicles, to the Deputy Sheriffs engaged in providing the services to the City of Fairfax. 8) The City of Fairfax should make available to the Deputy Sheriffs rendering services under the provisions of this Agreement, suitable facilities for the purpose of conducting law enforcement activities. 9) Records shall be maintained by the Linn County Sheriff concerning the performance of services rendered to the City of Fairfax under this agreement. 10) On at least a monthly basis, the Linn County Sheriff shall provide to the Mayor of the City of Fairfax service performance data relative to the services provided by the Linn County Sheriffs Office under this Agreement which shall include, but not be limited to: ♦ Geographical location of reported incidents; ♦ Time of day the call was received; i Number of calls for.service; Nature of the caQls; ♦ Disposition of calls; 11) Guidelines for local ordinance enforcement by Deputy Sheriffs providing services under this Agreement shall be determined by the Mayor of the City of Fairfax. 12) Individuals charged with violations of the local ordinances of the City of Fairfax shall be cited to appear in the appropriate Iowa District Court. 2 a 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 and/or any of 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 County 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 payment 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 indemnifying its officers according to Chapter 63 IA of the Code of Iowa. 18) Once this Agreement has been entered into, amendments anti/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 modified Agreement. 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. 20) Either party may terminate this Agreement by giving the other party ninety(90) days written notice of its intention to terminate said Agreement. 21) This Agreement is effective on the 1"t day of July, 2004., and continues in effect until the 3& day of June, 2005, or terminated 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. 3 h ' Linn County, Iowa Lina County Sheriff Chairperson Sheriff of Linn County Linn County Board Of Supervisors Date Date Mayor For The City of Fairfax Date 4