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Home My WebLink AboutRESOLUTION NO. 2011-82 RESOLUTION NO. 2011-82 RESOLUTION APPROVING THE CONTRACT FOR LAW ENFORCEMENT SERVICE WITH LINN COUNTY AND THE LINN COUNTY SHERIFF’S DEPARTMENT FOR FISCAL YEAR 2012-2013 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 $29.00 per hour for eighteen (18) hours per week for law enforcement protection with said contract continuing in effect until June 30, 2013, 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 is authorized to sign the Contract for Law Enforcement with Linn County and the Linn County Sheriff’s Department. th Passed and approved this 13 day of December, 2011. AYES: Frieden, Wainwright, Otto, and Magers NAYS: None ABSENT: Beer __________________________ Jason Rabe, Mayor ATTEST: ________________________________ Cynthia Stimson, City Clerk/Treasurer Linn County Sheriff's Office FY 12/13 Contract for Law 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 LITM 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 Sheriff's Office, will have a Deputy Sheriff on duty.in the City of Fairfax,for j hours per week, at times deterniixied by the Sheriff's Office. 2) Liam 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 terns 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-nine Dollars ($29.00) per hour. This hourly fee is determined by a formula of costs,which, in part,tabes 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: 0 Salaries and fringe benefits of the Deputy Sheriff`, ♦ Payments for support services and overhead costs, e 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 Sheriff's 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 natters pertaining to the servicesprovided to the City of Fairfax by the Deputy Sheriffs are to be determined 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 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 shall 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. 14) On at least a monthly basis, the Linn County Sheriff shall provide to the Fairfax . City Council service performance data relative to the services provided by the Linn County Sheriff's Office under this Agreement which shall include, but not be linuted to: ♦ Time of day the call was received; _ e Number of calls for service; e Nature of the calls; ♦ Disposition of calls; 11) Guidelines for local ordinance enforcement by Deputy Sheriff s providing services under this Agrei=ent shall be determined by the Fairfax City Council. 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 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 y-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 631A of the Code of Iowa. 18) Once this Agreement has been entered into, amendments 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 modified Agreement. 19) In the event of default by any party subject to this Agreement, any other parry 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 1St day of July,212, and continues in effect. until the 30th day of June, 2013, 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 Linn County, Iowa Linn County Sheriff Chairperson. Sheriff'of Linn County Linn County Board of Supervisors . � .,� Date Date i I Mayor for the City of Fairfax J/ Date 4