The URL can be used to link to this page

Home My WebLink AboutContract 22522252 JOINT AGREEMENT AND CONTRACT BETWEEN TIIE CITY CIF COLUMBIA HEIGI-ITS AND TFIE CITY OF HILLTOP FOR POLICE SERVICES This agreement made and entered into by and between the City of Columbia Heights, hereinafter referred to as "Columbia Heights" and the City of Hilltop, hereinafter referred to as "Hilltop;" WITNESSETH; WHEREAS, Columbia Heights presently has a Police Department; and, WHEREAS, Hilltop has discontinued its police department and has contracted far police services with Columbia Heights in past years, THEREFORE, it is mutually agreed: SECTION I That Columbia HeightCU shah iu'r ni$ii to Hiiitop poiii..e pr vtii..tion tai the satiZe extent as is afforded to Columbia Heights by the Police Department of Columbia Heights. SECTION II That Columbia Heights shall patrol the streets and answer all calls far police protection in Hilltop. SECTION III That Columbia Heights police officers shall investigate crimes, make arrests, charge criminal activity anal issue traffic and ordinance violation tickets and maintain a record of the same similar to the records kept by Columbia Heights, except that the records prepared for Hilltop shall be made available to Hilltop officials at any time, and upon termination of this Agreement, shall be delivered to Hilltop. Availability of records pursuant to this section shall be subject to the limitations of the Govenlment Data Practices Act. SECTION IV That Hilltop shall, at the time of the authorization for the execution of this Agreement, adopt a resolution empowering and authorizing the police officers of Columbia Heights to have the power of arrest in Hilltop and deliver to Columbia Heights a certified copy of said resolution. SECTION V That Columbia Heights shall furnish to the Hilltop City Council a monthly report in writing. Said report shall be in such reasonable detail as requested by said Hilltop Council. SECTION VI That as and far compensation, Hilltop shall pay to Columbia Heights for police patrol the following amounts covering the periods corresponding thereto as described below, to-wit: January 1, 2010, through December 31, 2010 $196,716.00 January 1, 2011, through December 31, 2011 $204,584.00 January 1, 2012, through December 31, 201.2 $212,767.00 SECTION VII That the contract is for a term of three years beginning January 1, 2010, and ending December 31, 2012. Either party may terminate this Agreement effective the anniversary date of January 1 only upon material breach by the other party of the terms of this agreement and only upon five months' written notice to the other party, except as follows; That Columbia Heights may tern~inate this Agreement upon forty-five (4S) days written notice when any semi-annual payment required by Hilltop has not been received by Columbia Heights during normal business hours thirty (30) calendar days after July 31 and after December 31, respectively. Payments made thirty (30) days after July 31 and December 31, respectively, but prior to the forty-five (45) days' notice of cancellation, shall void the cancellation.. Should J1µ t1 C~~'~]T'lt1 X31 and matellal changes 111 VvtiditiviLS vCCur vv'hiiJh are: be:y'vild the Cvntr vi of either the V U 1K11 1CLt City of Columbia Heights or the City of Hilltop such that performance by Columbia Heights or Hilltop becomes impossible, then this Agreement can be terminated by Columbia Heights or Hilltop upon five (5}months' written notice by either city. SECTION ~TIII That Hilltop shall pay the contract compensation as follows: January 1, 2010 July 1, 2010 January 1, 201.1 July 1, 2011 January 1, 2012 July 1, 2012 $ 98,358.00 98,35$.00 $102,292.00 $102,292.00 $106,383.50 $106,383.50 Payments made after the due date shall bear interest at t11e rate of 8% on the delinquent balance until paid. SECTION IX That Hilltop shall pay the costs of court appearances of any police officers that are made as a part of their police duties for Hilltop. Hilltop shall render such payment upon receipt of a statement from Columbia Heights for said court appearance cost pursuant to the pay schedule for such service in Columbia Heights. If said payment is not made within forty-five (45) days of delivery of the invoice, the amount due shall be subject to 8% interest until paid. 2 SECTION X That Hilltop shall pay Columbia Heights the sum of $300.00 for each liquor or beer license investigation requested by Hilltop or required bylaw. SECTION XI That Hilltop shall indemnify the City of Columbia Heights and hold it harmless from all claims, actions, suits, proceedings, costs, expenses, damages, and liabilities arising out of police services furnished by Columbia Heights to Hilltop. However, such indemnification liability of Hilltop to Columbia Heights shall specifically exclude workers' compensation claims, motor vehicle no-fault claims (PIP), health and medical care casts for Columbia Heights employees. Hilltap has obtained insurance coverage from LMCIT to cover this contractual liability. Hilltop's liability to Columbia Heights shall be limited to the coverage afforded by this insurance policy, except that the $10,000.00 deductible provision of the policy shall not apply to Hilltop's responsibility to indemnify Columbia Heights. Hilltop shall name Columbia Heights as a certificate holder on said insurance policy, and the policy shall bear a provision that requires that insurer give Columbia Heights not less than thirty (30) days' written notice of termination, cancellation, or any change in coverage under the policy. The cancellation provision may not bear a disclaimer limiting the obligation of the insurer to only "endeavor" to give notice and may not contain a disviaim°vr that the iiFSiir er sh'uii b°var no reipviisi biu ty b:y' tuning tv provide suvh notice. Columbia Heights shall have the right to examine and inspect any policies of insurance issued to cover Hilltop's contractual liability established by this Agreement, including the first policy to be issued hereunder. Columbia Heights shall further have the right to demand reasonable assurances from Hilltop's insurers that Hilltop's insurers will. not attempt to invalidate the indemnity provisions of the contract. Hilltop agrees to use its best efforts to maintain the same or similar liability insurance during the term of this Agreement. This Agreement to indemnify and hold. harmless does not constitute a waiver by either Columbia Heights or Hilltop of limitations on liability provided by Minnesota Statutes, Chapter 466. SECTION XII Notwithstanding any provision herein to the contrary, in the event that Hilltop fails to maintain and furnish to Columbia Heights required policies of insurance as satisfactory to Columbia Heights or if Hilltop's insurer fails to provide the assurances required, Columbia Heights may at any time during the term of this Agreement terminate this Agreement effective upon ~l~~~sL f ~8~ sixty (60) days' written notice to Hilltop. SECTION XIII Columbia Heights and Hilltop agree to resolve all disputes among them arising from this Agreement by arbitration. and without the time and expense associated with court proceedings, 3 pursuant to the terms of the Minnesota Arbitration Act, Minnesota Statutes Chapter 572, et sea., and in agreeing to refrain from bringing suit against each other for the duration of this Agreement, the arbitration established by this Agreement shall be conducted according to the rules of the American Arbitration Association. IN WITNESS WHEREOF, the parties have duly executed this Agreement by their duly authorized officers and caused their respective seals to be hereunto affixed. Date 1.~ ~ day of~e c.-4-w-,~~~-- , 2009. Approved as to form: f_5 ~~ ~ i ~ 1` .. __ By `~- ~ _ 4 ®°'- C~rT`~J. New ui t, City Attorney for Hilltop CITY ~~' COLU1dZ~I~~>FIEIGIITS A Municipal Corporation ~- ~. Gary Pe erson, Mayor and ,~'' _ ~ ~~ , ~ ..~.~.~_.._____. Walter Fehst, City Manager CITY OF HILL,T(3P A Municipal Corporation By Jerry urphy, Mayo and W ~ Ruth Nelsen, City Clerk 4 Approved as to farm: