HomeMy WebLinkAboutItem 06.v
Date: Item No.
LAKEVILLE POLICE DEPARTMENT
PRIVATE PARTY OR BUSINESS CONTRACT FOR
OFF-DUTY POLICE OFFICER SERVICES
Proposed Action
Staff recommends adoption of the following motion: Move to approve resolution approving
private party or business contract for off-duty police services.
Overview
The police department provides services to customers on a contract basis. City Policy and State
Law require authority to sign and enter into agreements. By approving this resolution, the Chief
of Police or designee will be able to legally prepare and enter into agreements for paid services as
requested by the customer.
Primary Issues to Consider
• State Law requires authority be granted to enter into the agreements.
• Exigent circumstances often require services to be provided before council can approve.
• The police department has been performing these activities for 40 or more years.
Supporting Information
• The City Attorney reviewed and assisted in the preparation of the attached agreement
and resolution.
Financial Impact: $ 0 Budgeted: Y☒ N☐ Source:
Related Documents: (CIP, ERP, etc.):
Envision Lakeville Community Values: Good Value for Public Services
Report Completed by: John E. Kornmann, Deputy Chief
November 6, 2017
194506v1 1
CITY OF LAKEVILLE
DAKOTA COUNTY, MINNESOTA
RESOLUTION NO. 17-163
RESOLUTION APPROVING PRIVATE PARTY OR BUSINESS
CONTRACT FOR OFF-DUTY POLICE SERVICES
WHEREAS, the City receives requests from private parties for off-duty police services;
WHEREAS, the City Council desires to provide such services pursuant to the attached
Private Party or Business Contract for Off –Duty Police Services provided that the Chief of Police
has determined that the Lakeville Police Department is able to fulfill the request;
NOW THEREFORE, BE IT RESOLVED by the City Council of Lakeville, Minnesota:
1. The Private Party or Business Contract for Off-Duty Police Services is hereby
approved; and
2. The Chief of Police or his or her designee is authorized to execute the Contract upon
determining that the Police Department is able to provide the service requested and
approves the service to be provided by the Police Department.
ADOPTED by the Lakeville City Council the 6th day of November 2017
CITY OF LAKEVILLE
BY: ______________________________
Douglas P. Anderson, Mayor
ATTEST:
_____________________________
Charlene Friedges, City Clerk
Lakeville Police Department
Private Business Contract for Off-Duty Police Officer
Services
Business and Event Information: henceforth “Customer”
Business/Organization Name and Address:
Business Phone Number: Email Address:
Event Location: Event Type:
Contact Person: Phone Number:
Specific Duties:
Costs
Date(s)/Hour
s Description of Expense Hourly
Rate Total
Per fee Schedule Per Fee Schedule Total
• The cost for services is determined by the Fee Schedule adopted by the Lakeville City Council for the calendar year in which the work is performed.
Police Terms
• Contract is valid for the length of the event, not to exceed 12 months.
• Customer agrees to pay a minimum of three hours per officer, per assignment
• The department reserves the right to refuse any request for off-duty employment.
• Requests must be received 30 days in advance or the request cannot be guaranteed.
• Contracts cancelled with less than 72 hour notice will result in the Customer incurring the three hour minimum, per officer.
• In case of a departmental or community emergency, the Chief or his designee may cancel the contract. The officers would then be immediately available for service to the department.
• Customer hereby agrees to comply with Lakeville Police Department rules, regulations, policies and procedures relating to secondary employment that affect Customer, copies of which are available upon request.
• The Customer shall indemnify, defend, save and otherwise hold harmless the City, its appointed and elected officials, directors, officers, agents and employees from and against any and all, losses, allegations, claims, demands, causes of action, litigation, expenses related thereto (including reasonable attorney's fees) or dispute for damages including property damage, bodily injury and death to have arisen or alleged to have arisen out of the activities inherent with this agreement and/or from any alleged or perceived action, inaction, omission or negligence of any kind found to be or alleged to be caused in whole or in part by Customer. This indemnification is in effect at all times the officers are employed in an off-duty service capacity, except when such officer exercises lawful authority as a police officer, such as pursuit and apprehension of suspect, charging and arresting of any individual.
• No failure to exercise, and no delay in exercising, any right, power or remedy hereunder on the part of the City or Customer shall operate as a waiver thereof, nor shall any single or partial exercise of any right, power or remedy
preclude any other or further exercise thereof or the exercise of any other right, power or remedy. No express waiver shall affect any event or default other than the event or default specified in such waiver, and any such waiver, to be effective, must be in writing and shall be operative only for the time and to the extent expressly provided by the parties therein. A waiver of any covenant, term or condition contained herein shall not be construed as a waiver of any subsequent breach of the same covenant, term or condition.
• Customer agrees to pay to the City, upon verification, such amounts as billed in accordance with this Agreement for special duty services. Any payment not received by the City within thirty (30) days of initial billing is delinquent and will accrue interest at the rate per city fee schedule. _____ IF THE BOX IS CHECKED AND INITIALED, THE CERTIFICATE OF INSURANCE ADDENDUM ATTACHED HERETO IS HEREBY INCLUDED AS A TERM AND CONDITION OF THIS CONTRACT.
_____________________________ ____________________ _______________
Business representative signature Title Date
____________________________ ____________________ _______________
Lakeville Police representative Title Date