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HomeMy WebLinkAboutResolutions 2005 (16) RESOLUTION APPROVING LAW ENFORCEMENT SERVICES AGREEMENT BETWEEN THE ST. CROIX COUNTY SHERIFF, ST. CROIX COUNTY AND THE BASS LAKE REHABILITATION DISTRICT RESOLUTION NO. I P `A(�S� ST. CROIX COUNTY, WISCONSIN WHEREAS, the St. Croix County Sheriff and the Bass Lake Rehabilitation District desire to enter into an agreement whereby the Sheriff will provide law enforcement services to the district and the district will compensate the County for the additional services; and WHEREAS, Wisconsin Statutes §66.0301 authorizes cooperative agreements between municipalities; and WHEREAS, the definition of "municipality" in §66.0301(1)(a) includes counties and public inland lake protection and rehabilitation districts; and WHEREAS, the County Board is required to approve such an agreement; and WHEREAS, a copy of the agreement is attached to this resolution. THEREFORE, be it resolved by the St. Croix County Board of Supervisors that the attached agreement between the St. Croix County Sheriff, St. Croix County and the Bass Lake Rehabilitation District for law enforcement services is hereby approved. Offered by the Public Protection Committee on , 2005. NEGATIVE AFFIRMATIVE ZA �Oqv J Reviewed by Corporation Counsel: t Date: This Resolution was duly adopted on y'0cLq / 7 , 2005. Cindy Campbell, County Clerk LAW ENFORCEMENT SERVICES AGREEMENT This agreement is made and entered into by and between the St. Croix County Sheriff (hereinafter "SHERIFF "), St. Croix County (hereinafter "COUNTY") and the Bass Lake Rehabilitation District hereinafter "DISTRICT "). RECITALS WHEREAS, the COUNTY, whose address is St. Croix County Government Center, 1101 Carmichael Road, Hudson, WI 54016, is authorized by Wisconsin Statutes sec. 66.0301(2) to contract with a public inland lake protection and rehabilitation district to furnish services; and WHEREAS, the SHERIFF, whose address is St. Croix County Government Center, 1101 Carmichael Road, Hudson, WI 54016, is duly elected to keep and preserve the peace in the COUNTY and manages and directs the operations of the St. Croix County Sheriff's Department in providing law enforcement services within the boundaries of the COUNTY; and WHEREAS, the DISTRICT, whose address is 755 140 Avenue, New Richmond, WI 54017, desires to receive law enforcement services in addition to those services normally and regularly provided by the SHERIFF; and WHEREAS, the SHERIFF is , willing to provide additional law enforcement services to the DISTRICT; and WHEREAS, the COUNTY has authorized such an arrangement, provided the costs of the service are adequately reimbursed by the DISTRICT, in Resolution No. THEREFORE, in consideration of the above, the SHERIFF, COUNTY and DISTRICT agree as follows. AGREEMENT 1. TERM. The term of this agreement shall commence on the date on which all parties have executed this agreement and shall end as of December 30, 2005, unless sooner agreed to in writing by the DISTRICT and the SHERIFF and/or the COUNTY. 2. AUTOMATIC RENEWAL. This agreement shall be automatically renewed for successive single calendar year terms, under the same conditions and provisions as set forth herein, unless one of the parties notifies the other parties in writing at least 60 days prior to the expiration date of their intention not to renew. Notwithstanding the foregoing, if a different person is elected or becomes the SHERIFF, that person may terminate this agreement at any time. 3. SERVICES TO BE PROVIDED. The SHERIFF shall assign a deputy to the DISTRICT and all necessary equipment to provide law enforcement services during the 1 coverage periods, set out in par. 7 below. The SHERIFF may assign different deputies to different coverage periods or during a single coverage period. If the coverage period is a full shift, the SHERIFF may assign a specific deputy to provide law enforcement services to the DISTRICT. The assigned deputy shall patrol within the boundaries of the DISTRICT. During patrol periods the deputy shall provide continuous patrol, subject to authorized breaks and situations which require the deputy to respond to a mutual aid request or County emergency. The assigned deputy, while on assigned duty and not otherwise occupied by the situations described above, shall be a first responder to all incidents in the DISTRICT directed through the St. Croix County Dispatch Center. 4. SHERIFF TO RETAIN SUPERVISORY CONTROL. The SHERIFF, or his or her designee, shall have supervisory control over the assigned deputy. The SHERIFF, or his or her designee, shall retain the authority to make decisions as to the manner in which services shall be rendered. Consistent with the SHERIFF'S responsibility to exercise good law enforcement practices, every effort will be made to respond to the DISTRICT needs and desires. 5. ENFORCE BASS LAKE REHABILITATION ORDINANCES. The assigned deputy shall enforce all DISTRICT ordinances for which the DISTRICT empowers him or her and shall issue citations using forms supplied by the DISTRICT. The assigned deputy shall attend all required court appearances on all citations. The DISTRICT shall be responsible for retaining its own attorney to handle the prosecution of those matters in court. It is further agreed that fines or forfeitures for State charges shall be paid to the COUNTY and fines or forfeitures for DISTRICT ordinance violations will be paid to the DISTRICT in accordance with State law. 6. COMPENSATION TO COUNTY FOR SERVICES RENDERED. The SHERIFF and the DISTRICT shall negotiate the amount to be paid for law enforcement services. Overtime hours worked by assigned deputy shall be reimbursed to the COUNTY by the DISTRICT. The DISTRICT shall make payments to the COUNTY for the services provided by the SHERIFF. 7. COVERAGE PERIODS. The SHERIFF shall provide varied levels of hours of service as agreed upon by the SHERIFF and the DISTRICT. 8. BOAT PATROL. The DISTRICT will provide a properly equipped boat for patrol of Bass Lake. 9. DISTRICT LIAISON. The DISTRICT shall designate a person to act as a liaison between the DISTRICT and the SHERIFF relative to the assigned deputy's duties and performance, and special assignments which the DISTRICT desires. The liaison will deal directly with the SHERIFF or his/her designee. 10. INDEMNIFICATION. The DISTRICT shall defend, hold harmless and indemnify the COUNTY and the SHERIFF, and the officers, agents and employees of each, for any claim brought against them based on the negligence or improper act of the DISTRICT or any officer, agent or employee of the Bass Lake Rehabilitation DISTRICT arising from or related to this agreement, other than the assigned deputy. It is expressly 2 understood that the DISTRICT will not defend, hold harmless or indemnify the COUNTY and/or the SHERIFF for the alleged negligence or improper conduct, or both, of any COUNTY employee, including the assigned deputy. The COUNTY shall indemnify and hold harmless the DISTRICT, its officers, employees and agents, for any claim brought against them based on the negligence or improper act of the COUNTY or any COUNTY officer, employee or agent arising from or related to this agreement. It is expressly understood that the COUNTY will not indemnify or hold harmless the DISTRICT for claims arising out of the actions of DISTRICT officers, employees or agents. 11. AGREEMENT NOT ASSIGNABLE. This agreement is for personal services and is not assignable without the express written consent of the other parties which consent may be withheld in the sole discretion of any party. 12. AGREEMENT TERMINABLE FOR INSUFFICIENT FUNDS. If during the term of this agreement the governing body of either the COUNTY or the DISTRICT shall fail to appropriate sufficient funds to carry out this agreement, this agreement shall be automatically terminated as of the date funds are no longer available, provided written notice is given to the other parties as soon as is practicable. This paragraph shall not relieve the DISTRICT of its responsibility to pay for services furnished to the DISTRICT prior to the date of termination. 13. DUTY OF GOOD FAITH. The parties shall commence, carry on and complete their respective obligations under this agreement in good faith and in a sound, economical and efficient manner, in accordance with this agreement and all applicable laws. In carrying out this agreement, each party agrees to cooperate with the various departments, agencies, employees and officers of the other parties. 14. PERSONNEL. The SHERIFF, the COUNTY and the DISTRICT each agree to provide all personnel necessary to carry out this agreement. Such personnel shall not be deemed employees of the other party (except that SHERIFF'S deputies and other Sheriff's department employees are employees of the COUNTY) nor shall such personnel have or be deemed to have any direct contractual relationship with any other ply. 15. NOTICES. Notices, invoices and payments required by this agreement shall be deemed delivered as of the date of the postmark if deposited in a United States mailbox, sufficient first class postage attached, addressed to a party's address as set forth above. It shall be the duty of a party changing its address to notify the other parties in writing as soon as practicable. 16. NO WAIVER BY MAKING PAYMENT OR ACCEPTING SERVICE. In no event shall making any payment or accepting any services required by this agreement constitute or be construed as a waiver of any breach of this agreement or a waiver of any default of any other party. The making of such payment or acceptance of such service by one party while any breach or default exists shall in no way impair or prejudice the right 3 of the party harmed to recover damages or obtain any other legal remedy as a result of such breach or default. 17. EQUAL OPPORTUNITY STATEMENT. During the term of this agreement, with regard to any employment decisions relating to this agreement, all parties agree not to discriminate on the basis of age, race, sex or sexual orientations; creed or religion; color; handicap or disability; marital, citizenship, or veteran status; membership in the National Guard, state defense force, or reserves; national origin or ancestry; arrest or conviction record; or any other classification or characteristic protected by law. The listing of prohibited bases for discrimination shall not be construed to amend in any fashion state or federal law setting forth additional bases and exceptions shall be permitted only to the extent allowable by state or federal law. 18. NO THIRD PARTY BENEFICIARIES. This agreement is intended to be an agreement solely between the parties hereto and for their benefit only. No part of this agreement shall be construed to add to, supplement, amend, abridge or repeal existing duties, rights, benefits or privileges of any third parry or parties, including but not limited to employees of any party. 19. ENTIRE AGREEMENT. The entire agreement of the parties is contained herein and supersedes any and all oral agreements and negotiations between the parties relating to the subject matter hereof. The parties expressly agree that this agreement shall not be amended in any fashion except in a writing executed by all parties. 20. EXECUTION IN COUNTERPARTS. The parties may evidence their agreement to the foregoing upon one or several counterparts of this instrument, which together shall constitute a single instrument. ST. CROIX COUNTY SHERIFF: Date Signed: by: Dennis Hillstead, St. Croix County Sheriff BASS LAKE REHABILITATION DISTRICT: Date Signed: by: John Coughlin, Chairman, Bass Lake ST. CROIX COUNTY: Date Signed: by: Clarence Malick, County Board Chair Date Signed: by: Chuck Whiting, Administrative Coordinator 4 Date Signed: by: Cindy Campbell, County Clerk Reviewed by Corporation Counsel: Date 5