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Home My WebLink AboutRESOLUTION NO. 2014-24 RESOLUTION NO. 2014-24 RESOLUTION APPROVING THE CONTRACT FOR LAW ENFORCEMENT SERVICE WITH LINN COUNTY AND THE LINN COUNTY SHERIFF'S DEPARTMENT FOR FISCAL YEAR 2014-2015 BUDGET WHEREAS, the City Council of Fairfax, Iowa desires to have Linn County and the Linn County Sheriffs 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 sura of$31.00 per hour for eighteen (18) hours per week for law enforcement protection with said contract continuing in effect until June 30, 2015, 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. Passed and approved this 11 1n day of.February, 2014. AYES: Beer, Frieden, Otto, and Magers NAYS: None ABSENT: Wainwright k Jason Rabe, Mayor ATTEST: Cy,fithia Stimson, City Ierk/Treasurer Nc 0 Office of MAJOR GERALD W HANSEL JR. BRIAN D. GARDNER MAJOR DOUGLAS A. RINIKER I. 2nd Deputy 2nd Deputy gerald,han%el@llnncounty.Drg dcu9,rin1ker@llnncoun1y,orU Linn County Sheriff MAJOR JOHN A, GODAR MAJOR PETER A.WILSON 2nd Deputy 2nd Deputy sherff@1inncounty,org www.linncounty..org pete.wilsonClinncourity.org COLONEL JOHN C. STUELKE Chief Deputy john,stuelke@l inn county,o rg December 6, 2013 Mayor& City Council We are enclosing the,Contract for Law Enforcement Services,for the upcoming Fiscal Year 14/15. It should be noted that the,hourly rate is increasing$1,00 to $31.00.This is due to the hourly rate of pay for a deputy effective July 1, is estimated to be $29.80 Weare not 'factoring any employee benefits or equipment cost into the per hour rate. Please designate the number of hours per week your city desires, Then sign the contract anal return it to the Linn County Sheriff s Office, If you have any questions as it relates to the enclosed contract please feel free to contact the undersigned at 319-892-6105, Sincerely, '0101"UZ Riniker, N4aj or Second Deputy Linn County Sheriff's Office 310 2nd Ave. S.W. P.O. Box 669 Cedar Rapids, 1A 52406-0669 Sheriff's Office-(319) 892-61001 Fax(319) 892-6276 - Civil Process- (319)892-62401 Fax(319) 892-6241 Criminal Division-(319)892-6250/Fax(319)892-0242 - Dispatch-Patrol!-(319) 892-6100/Fax(319) 892-6275 Finance-(319)892-62321 Fax (319)892-6241 - Correctional Center- (319)892-63001 Fax(319) 892-6279 f P Linn County Sheriff's Office FY 1411.5 Contract for Law Enforcement ,Services This contnact is entered into by and between Linin,County,Iowa,hereafter referred to as Linn County, and the Sheriff of Linn County,Iowa,hereafter referred to as the Linin. 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 , ' hours per week,,at tunes determined by the Sheriff s Office. 2) Linn County through its Sheriff's Office,will at all tunes,answer calls for law enforcement seMee 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 sura of Thirty-one Dollars ($31.00)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 Equipmeat 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 matters pertaining to the services provided to the City of Fairfax by the Deputy Sheriffs are to be determined by the Sheriff of Linn County. S) 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) an at least a monthly basis,the;C.un County Sheriff shall provide to the Fairfax. City Council service performance data relative to the services provided by the Linn County Sheriffs Office under this Agreement whi eh shall include,but not be limited to: ♦ Time of clay the call was received; 1 Number of calls for service; ♦ Nature of the calls; Disposition of calls; 11) Guidelines for local ordinance enforcement by Deputy Sheriff's,providing services under this Agreement 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 i ' I 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 contrast, 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. 1.6) 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 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 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 ether party ninety (90) days written notice of its intention to terminate said Agreement. 21) This Agreement is effective on the 1 st day of July, 2014,and continues in effect until the 30'�' day of June;2015, 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 Limn.County, Iowa Linn County Sheriff I Chairperson. Sheriff'of Linn County Linn County Board of Supervisors Date Date i i i Mayor for the City of Fairfax. Date 4