COUNTY / CITY CONTRACT FOR

LAW ENFORCEMENT SERVICES

THIS AGREEMENT is made and entered into effective as of

, 2011 , by and between the County of Jackson, a governmental entity of the State
of Minnesota (the “County”), the Jackson County Sheriff (the “Sheriff”), and the City of
Jackson, a municipal corporation existing under and by virtue of the laws of the State of
Minnesota (the “City”).
Recitals
The following recitals are hereby made an integral part of this agreement:
A. The parties are each respectively charged with the enforcement of laws of the
State of Minnesota and their respective ordinances.
B. The County, through the office of the Jackson County Sheriff, maintains a
Sheriff’s Department in accordance with Minn. Stat. Chapter 387 to exercise the powers and
duties specified in Minn. Stat. § 387.03;
C. Minn. Stat. § 471.59, Subd. (8), provides that a county may enter into an
agreement with a city to perform on behalf of that city any service or function which the city
would be authorized to provide for itself.
D. Minn. Stat. § 436.05 permits the sheriff of any county to contract with any city for
the purposes of providing police service, subject to contractual approval by governing bodies.
E. All law enforcement personnel employed by the County pursuant to this contract
shall be appropriately licensed and certified peace officers in the State of Minnesota.
F. In recent years the budgets of the City and the County have been impacted by
dramatic cuts in local government aid received from and through the State of Minnesota
(“LGA”).
G. Both the City and the County anticipate that future LGA will be significantly
reduced or eliminated.
H. As a consequence of reduced LGA, the City and the County have explored means
of cooperating together in various ways to eliminate duplications of effort and expense.
I. The City is contemplating [i] dissolving its police department and [ii] contracting
with the County for provision of law enforcement services within the City through the Sheriff’s
Department.
J. Contracting for law enforcement services may allow for provision(change to
“will”) of 24-hour law enforcement patrol within the City while yielding significant cost savings
to the City.

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 K. After duly considering and studying the same, the City, the County, and the
Sheriff have determined that law enforcement services to both jurisdictions will be enhanced,
extended, and improved if the City contracts with the County for the County to provide law
enforcement services within the corporate limits of the City.
L. The County, the Sheriff, and the City desire to reduce to writing the terms
pursuant to which the County, through the Sheriff’s Department, will provide law enforcement
services to the City.
Agreement
FOR VALUABLE CONSIDERATION, IT IS HEREBY AGREED by and between
the County, the Sheriff, and the City as follows:
1. PURPOSE. The purposes of this agreement are to specify the terms pursuant to
which the County, acting through the Sheriff, shall provide law enforcement services to and for
the benefit of the City within the corporate limits of the City; to pool resources and conserve
funds; to expand the service capabilities of law enforcement; and to fully utilize the expertise of
licensed law enforcement personnel.
2. SHERIFF’S DUTIES. The Sheriff shall perform – and by virtue of this
Agreement shall not be relieved of – the duties imposed upon the Sheriff by law.
3. HOLD HARMLESS.
3.1. The County shall defend, indemnify, and hold harmless the City from and
against all claims for damages to property and for injury or death to any person or persons
arising or resulting from any acts of – or failure to act by – any officer or employee of the
County when rendering services pursuant to this Contract.
3.2. The City shall not be liable for compensation or indemnity to any County
employee for injury or sickness arising out of the scope of employment, and the County shall
indemnify and hold harmless the City against all such claims.
3.3. Notwithstanding ”3.2.” above, neither party shall assume any liability for the
intentional or negligent acts of the other party’s employees; and in the event that any claim is
made against either party, its officers or employees for such intentional or negligent acts, that
party shall hold the other harmless and defend the other against any claims for damages resulting
therefrom.
4. EMPLOYEES. All persons employed by the Sheriff’s department pursuant to
this agreement shall in all respects be employees of the County and shall be subject to all County
administrative policies, rules, personnel plans, regulations, and pay plans, including all employee
benefits.
4.1. Each “peace officer” presently employed by the City may apply for
employment by the County as a “peace officer” and shall be given preference in the hiring
process.

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 4.2. If the City re-establishes a City Police Department and this agreement is
terminated for any reason within twenty (20) years of its effective date, the City shall offer to re-
employ each “peace officer” [i] who is employed by the City as a full-time peace officer as of the
effective date of this agreement, and [ii] who is employed as a peace officer in good standing by
the County as of the date of termination of this agreement.
5. COMPENSATION FOR SERVICES 2011-2013.
5.1. During the term of this Contract, unless otherwise agreed as provided
herein, the City shall pay to the County for the services to be provided hereunder, the following
amounts on an annual basis, to wit:
2011 $252,000
2012 $485,908
2013 $510,203
5.2. Payments shall be made on a quarterly basis commencing July 15, 2011,
and continuing on the 15th day of each and every April, July, October and January thereafter up
to and including October 15, 2013.
6. FINES & FORFEITURES. On or before January 15, 2012, and continuing
through January 15, 2014, the City shall remit to the County one-half (½) of the City’s share of
fines and forfeitures for ordinance or statutory violations received during the preceding calendar
year.
7. REDUCTION IN GOVERNMENTAL AID. Beginning in 2012, if the City’s
Local Government Aid (LGA) or equivalent aid(s) or payments received from the State of
Minnesota decreases more than 15% from the prior year, the City shall have the right, at its
option, either to terminate this Contract or to renegotiate the compensation to be paid and the
services to be provided hereunder. (Jan to submit proposed revision.)
8. MAINTENANCE OF EFFORT REQUIRED. The police patrol, dispatch, and
other law enforcement services to be rendered by the County and the Sheriff to the City pursuant
to this agreement include – but are not necessarily limited to – the services specified in
“ATTACHMENT A” appended to and made a part of this agreement by this reference.
9. MOTOR VEHICLES AND OTHER EQUIPMENT. As of the effective date
of this agreement and continuing thereafter so long as this agreement is in effect,
9.1. Present fleet motor vehicles: From the City’s current fleet of police
department vehicles, the City shall retain title to but shall provide for use by the County four (4)
motor vehicles, together with all radar, computer, communications, and other equipment with
which those motor vehicles may be presently equipped (the “Original Fleet”).
9.2. Other personalty: Similarly, the City shall provide for use by the County
but shall retain title to all other equipment [i] acquired or to be acquired for a purchase price of
$2,500 or more, and [ii] necessary for and dedicated to use by no more than four (4) deputies
whose primary, assigned responsibilities are police patrol and law enforcement within the City
(the “Equipment”).

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 9.3. Replacements: As successive replacements of the Original Fleet and
Equipment (the “Replacements”) become necessary, the City shall provide to the County funding
for acquisition of the Replacements.
9.4. Selection: The Original Fleet, the Equipment, and all Replacements shall
be selected by the Sheriff.
9.5. Dedicated use: The Original Fleet, the Equipment, and all Replacements
shall be dedicated to use primarily within the City, subject to use beyond the corporate limits of
the City in the event of necessity or emergency.
9.6. Salvage: As Replacements are acquired, the County shall transfer and
assign to the City the motor vehicle or other item that is then being replaced through the use of
City funds.
9.7. Useful life: The County, the Sheriff, and the City anticipate and agree that
the anticipated useful life of each unit of the Original Fleet and of each of the Replacements is at
least three (3) years from the date that the unit was or is first put into service.
9.8. Insurance: With regard to the Original Fleet, the Equipment, and all
Replacements, the County, at its expense, [i] shall provide comprehensive fire and theft, collision
and upset, and liability insurance to the same extent and with the same deductibles as apply to
the County’s fleet of law enforcement vehicles and other equipment that are not dedicated to use
within the City, and [ii] shall name the City as an additional insured on all such policies of
insurance.
9.9. Depreciation schedule: The Sheriff shall maintain a schedule listing each
City-owned item selected by the Sheriff for use pursuant to this agreement (including the
Original Fleet, the Equipment, and the Replacements), which schedule shall include – among
other elements – the date of acquisition, date placed in service, general description, model, serial
number, purchase price, and projected useful life of the item,
10. LAW ENFORCEMENT LIAISON COMMITTEE. A Law Enforcement
Liaison Committee (“Committee”) shall be established to meet periodically with the Sheriff and
his designees, to consider issues that arise under this Contract, and to make recommendations to
resolve such issues.
10.1. The Committee shall be comprised of six (6) persons: three (3)
representatives of the City and three (3) representatives of the County.
10.2. The City’s delegates to the Committee shall be the Mayor and two other
persons nominated by the Mayor and approved by the City Council, at least one of whom shall
be a City Council member.
10.3. The County’s delegates to the Committee shall be appointed by the
County Board Chair, and at least one delegate shall be a County Commissioner.
10.4. The City Administrator and the County Coordinator shall be ex officio
members of the Committee.
11. MANAGEMENT REPORTS. The Sheriff shall provide to the City and the
County law enforcement activity reports as noted in “Attachment B”.

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 11.1. The Law Enforcement Liaison Committee established pursuant to “11” of
this Contract may request from the Sheriff such additional reports as that Committee determines
necessary or appropriate.
11.2. All requests from the City to the Sheriff for additional management
reports shall be directed to the Committee to be considered in accordance with this paragraph.
12. CITY COUNCIL BRIEFINGS. The Sheriff or his designee shall appear before
the City Council quarterly [i] to provide a summary of law enforcement activities provided
pursuant to this Contract, and [ii] to present specific concerns or issues related to law
enforcement services provided to the City.
13. DATA PRACTICES. The County and the Sheriff shall receive, record,
maintain, and distribute all information and data received pursuant to this Contract in accordance
with the federal or state laws and regulations.
14. CONTRACT TERM. This Contract shall be effective on July 1, 2011, and shall
continue in effect until December 31, 2013, unless otherwise terminated pursuant to paragraph
15 of this Contract or extended by amendment of this Contract.
14.1. A party desiring to extend the Contract beyond December 31, 2013, shall
so notify the other parties no later than June 30, 2013.
14.2. If both parties give notice to extend, the parties shall jointly initiate
negotiations to extend the Contract no later than August 1, 2013.
14.3. The parties shall negotiate in good faith to complete by October 30, 2013,
terms for extension of the Contract.
14.4. If terms for an extension of the Contract aren’t completed on or before
December 31, 2013, the Contract shall terminate as provided herein.
15. TERMINATION. Notwithstanding the provisions of paragraph “14”, this
Contract may be terminated prior to December 31, 2013:
15.1. upon the mutual agreement of the parties; or
15.2. upon a party’s failure to cure a material default under the terms of this
Contract after receipt of written notice of the specific default from another party; provided,
15.2.1. That the defaulting party shall have 90 days to cure the default,
unless the allegation is for non-payment of the contract payments; and
15.2.2. That the cure period shall be reduced to 15 days if the default is
non-payment of Contract payments.
15.3. Nothing contained herein shall limit a party’s rights at law or in equity to
enforce the terms of this Contract, including the right to seek specific performance.
16. DISPUTES/MEDIATION.
16.1. All disputes between or among the parties regarding the alleged failure of
a party to perform under the terms of this Contract shall be reduced to writing, shall be delivered
to the legal counsel of both parties, and shall be considered by the Committee, which shall seek
to resolve the dispute.

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 16.2. Nothing contained herein shall limit either party’s rights at law or in
equity to enforce the terms and conditions of this contract, including the right to seek specific
performance, or any other remedy at law.
17. DISPATCHING SERVICES. If either through contract or regionalization of
dispatch services the County eliminates its local dispatch service, then any net cost savings to the
County will be shared equally with the City; and the amounts payable by the City to the County
under paragraph 7 of this Contract will be adjusted accordingly.
18. CITY IMPOUNDED VEHICLES LOT. Until such time as the City gives to
the County and the Sheriff notice of its intention to close its impounded vehicle lot at 1000 Hwy.
71 North in the City (the “Lot”), the Sheriff’s department shall have the non-exclusive right to
use the Lot, free of charge, for storage of vehicles impounded by the Sheriff’s department.
18.1. The Sheriff has had adequate opportunity to inspect the Lot.
18.2. The Sheriff takes and may use the Lot in its present, “as is” condition.
18.3. The City does not warrant, expressly or impliedly, that the Lot is fit for
any particular use or purpose.
18.4. The City shall not be obligated to maintain, repair, or improve the Lot for
use by the Sheriff.
18.5. Subject to the prior, written approval of the City in each instance, the
Sheriff, at the expense of the County, may maintain, repair, or replace elements of the Lot to the
extent that the Sheriff deems necessary.
18.6. All of the “hold harmless” provisions of section “3” of this Contract shall
apply to the Sheriff’s use of the Lot.
19. SHOOTING RANGE. Until such time as the City gives to the County and the
Sheriff notice of its intention to close its shooting range on the grounds of the City’s
sedimentation ponds (the “Range”), the Sheriff’s department shall have the non-exclusive right
to use the Range, free of charge, for target and qualifying shoots by peace officers.
19.1. The Sheriff has had adequate opportunity to inspect the Range.
19.2. The Sheriff takes and may use the Range in its present, “as is” condition.
19.3. The City does not warrant, expressly or impliedly, that the Range is fit for
any particular use or purpose.
19.4. The City shall not be obligated to maintain, repair, or improve the Range
for use by the Sheriff.
19.5. Subject to the prior, written approval of the City in each instance, the
Sheriff, at the expense of the County, may maintain, repair, or replace elements of the Range to
the extent that the Sheriff deems necessary.
19.6. All of the “hold harmless” provisions of section “3” of this Contract shall
apply to the Sheriff’s use of the Range.
20. APPLICABLE LAWS. This Contract shall be interpreted under and in
accordance with the laws of the State of Minnesota.

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 21. SEVERABILITY. If any of the terms of this Contract are in conflict with any
rule of law or statutory provision of the State of Minnesota, or are otherwise declared null and
void by any court of competent jurisdiction, then such terms shall be deemed inoperative and
null and void without invalidating or otherwise affecting the remaining provisions of this
contract.
22. AMENDMENTS. This Contract may be amended at any time by a writing
signed by the parties to this Contract.
23. ENTIRE AGREEMENT. This Contract constitutes the entire agreement of the
parties relating to the subject matter herein.
IN WITNESS WHEREOF, The parties have hereunto set their hand on the dates below
written.

Dated: , 2011.
COUNTY OF JACKSON, MINNESOTA

By:

Its Chairman
Attest:
Janice Fransen, County Coordinator

Roger Hawkinson, Sheriff

Approved as to form and execution:

By:
Robert C. O’Connor
Jackson County Attorney

CITY OF JACKSON, MINNESOTA

By:

Wayne Walter, Mayor

Attest:
Patrick Christopherson
City Administrator

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Approved as to form and execution:

By:
Steven L. Handevidt
Jackson City Attorney

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 ATTACHMENT A
SERVICES TO BE PROVIDED BY COUNTY SHERIFF
1 Traffic patrol, enforcement, patrol school zones and monitor school crossing guards
2 Accident investigation
3 Crowd Control-traffic-parades-ball games-Jackson County Fair-special events
4 Capture animals and deliver to impound, provide initial sustenance and domestic animal control
5 Lock parks- park restrooms-Open Close City Recycle gates
6 Lock City Hall restrooms
7 Shut off lights at ball diamonds & tennis courts
8 Enforce parking ordinances
9 Enforce snow emergency
10 Liquor money escort
11 Notify City of burned out lights, airport lights, down wires, water leaks
12 Weather watch, Skywarn
13 Bike-skateboard-roller blade enforcement-violation program
14 Finger print business people for jobs- government jobs
15 Background checks for solicitor’s license
16 Background checks for City employees
17 Enforce City Ordinances
18 DARE Program, other drug education programs
19 Vacation and winter residence checks
20 Business check and door check
21 Assist the needy, vagrants, check them for wants and warrants
22 Domestics, family problems, battered women, abused children, sexual assaults
23 Criminal investigations
24 Assist fire department, traffic control, crowd control, haz. Mat.
25 Use community based policing format for our citizens and programs
26 Assist the city when necessary in serving administrative citations and summons
27 Conduct city employee alcohol tests when requested
28 911 and emergency communication services
29 Dispatching services
30 Records storage and maintenance services; records processing
31 School crossing guards services
32 Assist twhen necessary to preserve the peace, in gaining access to properties for utility readings
33 Provide 24 hour daily patrol and law enforcement.

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 ATTACHMENT B
MANAGEMENT REPORTS

Traffic/moving Number of traffic citations and Quarterly

violations moving violation citations issued
Criminal Number of criminal investigations Quarterly
Investigations initiated by type or classification of
investigation
Criminal arrests Number of criminal arrests by type or Quarterly
classification

Liquor Law Arrests Number of liquor law arrests by type Quarterly

or classification

Vehicle Accidents Number of vehicle accidents by type Annual

(property damage, hit and run,
personal injury and fatal)
Parking violations Number of parking violation citations Annual
issued

Other activity As presented by Sheriff’s Department Quarterly

Total number of Total number of calls for service by Annual

calls type

Uniform Crime Provide a copy of the annual Uniform Annual

Report Crime report received from the state
each year

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