HomeMy WebLinkAboutContract No. 2015-2684BETWEEN TAE i
• 1 OF i'
FOR POLICE
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 for police
services with Columbia Heights in past years.
THEREFORE, it is mutually agreed:
SECTION I
That Columbia Heights shall furnish to Hilltop police protection to the same extent as is
afforded to Columbia Heights by the Police Department of Columbia Heights.
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That Columbia Heights shall patrol the streets and answer all calls for police protection in
Hilltop.
That Columbia Heights police officers shall investigate crimes, make arrests, charge
criminal activity and 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 Government Data Practices Act.
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.
91 WIie,I
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.
That as and for 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, 2016, through December 31, 2016
$238,309.42
January 1, 2017, through December 31, 2017
$244,267.15
January 1, 2018, through December 31, 2018
$251,595.16
That the contract is for a term of three years beginning January 1, 2016, and ending
December 31, 2018. 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 terminate this Agreement upon forty -five (45) 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 substantial and material changes in conditions occur which are beyond the
control of either Columbia Heights or 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.
That Hilltop shall pay the contract compensation as follows:
January 1, 2016
July 1, 2016
January 1, 2017
July 1, 2017
January 1, 2018
July 1, 2018
$119,154.71
$119,154.71
$ 122,1 33.57
$122,133.57
$125,797.58
$125,797.58
Payments made after the due date shall bear interest at the rate of 8% on the delinquent
balance until paid.
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
That Hilltop shall pay Columbia Heights the sum of $300.00 for each liquor or beer
license investigation requested by Hilltop or required by law.
That Hilltop shall indemnify the 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 costs for Columbia Heights employees.
Hilltop 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 disclaimer that the insurer shall bear no responsibility by failing to provide such
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.
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 sixty (60) days' written notice to Hilltop.
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,
pursuant to the terms of the Minnesota Arbitration Act, Minnesota Statutes Chapter 572, et seq.,
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 day of December, 2015.
Approved as to form:
By
4ari�ewqui
City Attorney f hilltop
4
CITY OF COL
A Municipal Co
LIM
Mayor
and
Walter Fehst, City Manager
CITY OF HILLTOP
A Municipal Corporation
By C—VA-� a, rz"�
ferry Murphy, Mator
and
Ruth Nelsen, City Clerk