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HomeMy WebLinkAboutResolution 2017 (13) Resolution No. 13 (2017) � , ��, UNTy RESOLUTION APPROVING LAW ENFORCEMENT SERVICES AGREEMENT BETWEEN THE ST. CROIX COUNTY SHERIFF AND THE TOWN OF SOMERSET 1 WHEREAS, Wisconsin Statute § 66.0301 authorizes cooperative agreements between 2 municipalities; and 3 4 WHEREAS, Wisconsin Statute § 66.0301(1)(a) defines "municipality"to include town 5 and counties; and 6 7 WHEREAS, the St. Croix County Sheriff and the Town of Somerset desire to enter into 8 an agreement whereby the Sheriff will provide law enforcement services to the town in addition 9 to services normally provided to the town, and the town will compensate the County for the 10 additional services; and 11 12 WHEREAS, the town board for the Town of Somerset has approved this agreement on 13 March 1, 2017; and 14 15 WHEREAS, the County Board is required to approve such an agreement; and 16 17 WHEREAS, a copy of the agreement is attached to this Resolution. 18 19 THEREFORE, be it resolved by the St. Croix Board of Supervisors that the attached 20 agreement between the St. Croix County Sheriff, St. Croix County, and the Town of Somerset 21 for law enforcement services is hereby approved. Legal—Fiscal—Administrative Approvals: Legal Note: Fiscal Impact: The Town of Somerset shall pay the county for the services provided by the Sheriff. ZG c��t. .,. Coy, Corpora o ;cyun Bch �3�/7C�D 17 o a�bcrt art et, Fir�a��cc 4PNairick6/2(/2(0 7 03/10/17 Adopted 03/10/17 Public Protection & Judiciary Committee APPROVED ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... .......... RESULT: APPROVED [UNANIMOUS] Next: 4/4/2017 4:00 PM MOVER: Roger Larson, Supervisor SECONDER: Scott Nelson, Vice Chair AYES: Andy Brinkman, Roger Larson, Scott Nelson, Judy Achterhof EXCUSED: Christopher Babbitt Vote Confirmation. w mid 13rir7k� 7�m�, upervis'o 3/4/201.7 St. Croix County Board of Supervisors Action: Roll Call -Vote Requirement— RESULT: ADOPTED [UNANIMOUS] MOVER: Andy Brinkman, Supervisor SECONDER: Scott Nelson, Supervisor AYES: Sicard, Ring, Babbitt, Coulter, Sjoberg, Long, Bergren, Nelson, Berke, Larson, Hansen, Kiesler, Brinkman, Anderson, Achterhof, Leibfried, Peavey ABSENT: Dave Ostness, David Peterson This Resolution was Adopted by the St. Croix County Board of Supervisors on April 4, 2017 Cindy Campbell, County Clerk LAW ENFORCEMENT SERVICES AGREEMENT BETWEEN ST. CROIX COUNTY AND TOWN OF SOMERSET This agreement is made and entered into by and between the St. Croix County Sheriff (hereinafter "SHERIFF"), St. Croix County (hereinafter "COUNTY'), and the Town of Somerset (hereinafter"TOWN"). i RECITALS i WHEREAS,the COUNTY,whose address is St. Croix County Government Center, 1101 Carmichael Road, Hudson, WI 54016, is authorized by Wisconsin Statutes § 66.0301(2) to contract with a town to furnish services; and I 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 Office in providing law enforcement services with the boundaries of the COUNTY; and WHEREAS, the TOWN, whose address is 748 Hwy 35, P.O. Box 248, Somerset, Wisconsin 54025, desires to receive law enforcement services for the TOWN, 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 j the TOWN; and WHEREAS, the COUNTY has authorized such an arrangement, provided its cost are adequately reimbursed by the TOWN, in Resolution No. 13 C 20 THEREFORE, in consideration of the above, the SHERIFF, COUNTY, and TOWN 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 31, 2017, unless sooner agreed to in writing by the TOWN and the SHERIFF, the TOWN and the COUNTY, or the TOWN and the SHERIFF and 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 j forth herein, unless one of the parties notifies the other parties in writing a least 60 days prior to the expiration date of their intention not to renew. Notwithstanding the forgoing, if a different person is elected SHERIFF, that person may terminate this agreement at any time. ---------------- i 3. SHERIFF TO PROVIDE TOWN WITH LAW ENFORCEMENT SERVICES. The SHERIFF shall assign a deputy to the TOWN and provide the assigned deputy with a vehicle and all the necessary equipment to provide law enforcement services to the TOWN during the 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 TOWN. During patrol periods the deputy shall provide contiguous patrol within the boundaries of the TOWN, 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, shall be a first responder to all incidents in the TOWN directed through the St. Croix County Dispatch Center. 4. SHERIFF TO RETAIN SUPERVISORY CONTROL. The SHERIFF, or designee, shall have supervisory control over the assigned deputy. The SHERIFF, or designee, shall retain the authority to make decisions as to the manner in which services shall be rendered. Consistent with the SHERIFF'S authority to exercise good law enforcement practices, every effort will be made to respond to the TOWN'S needs and desires. 5. ENFORCE TOWN ORDINANCES. The assigned deputy shall enforce all agreed upon TOWN ordinances for which the TOWN empowers him or her. (The agreed upon ordinances are attached to this agreement as ATTACHMENT 1 and may be k changed from time to time.) The assigned deputy.shall attend all required court appearances on all citations. The TOWN attorney shall handle the prosecution of those matters in court. Overtime hours worked by the assigned deputy shall be reimbursed by the TOWN in accordance with paragraph 6 below. It is further agreed that fines or forfeitures for State charges shall be paid to the County and fines or forfeitures for TOWN ordinance violations will be paid to the TOWN in accordance with State Law. 6. COMPENSATION TO COUNTY FOR SERVICES RENDERED. The SHERIFF and the TOWN shall negotiate the amount to be paid for law enforcement services. The TOWN shall pay the COUNTY for the services provided by the SHERIFF. ATTACHMENT 2 sets forth the compensation agreement of the parties and shall be amended when needed to address changes to compensation for services rendered f pursuant to this agreement. . 7. COVERAGE PERIODS. Coverage periods for services shall be established between the SHERIFF and the TOWN. 8. USE OF TOWN HALL. The TOWN shall make the TOWN HALL office available to the assigned deputy for access to a telephone and a fax machine, if specified by the SHERIFF. 9. TOWN LIAISON. The TOWN shall designate a person to act as a liaison between the TOWN and the SHERIFF relative to the assigned deputy's duties and performance, and special assignments which the TOWN desires. The liaison will deal directly with the SHERIFF or designee. 10. INDEMNIFICATION. The TOWN 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 TOWN or any officer, agent or employee of the TOWN arising from or related to this agreement, other than the assigned deputy. It is expressly understood that the TOWN will not defend, hold harmless or indemnify the COUNTY or the SHERIFF for the alleged negligence or 4 improper conduct, or both, of any COUNTY employee, including the assigned deputy. f The COUNTY shall indemnify and hold harmless the TOWN, 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 TOWN for claims arising out of the actions of TOWN officers, employees or agents. 11.AGREEMENT NOT ASSIGNABLE. This agreement is for personal services and is not assignable without the expressed 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 TOWN 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 TOWN of its responsibility to pay for services furnished to the TOWN 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 TOWN 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 office employees of the COUNTY) nor shall they or any of them have or be deemed to have any direct contractual relationship with any other party. 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. As an alternative, notices, invoices and/or payments may also be sent by email to the following email addresses: TOWN—townsom@somtel.net k SHERIFF—jeff.klatt@co.saint-croix.wi.us 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 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 orientation; 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. This listing of prohibited bases for discrimination shall not be construed to amend in any fashion state of 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 party or parties, including but not limited to employees of any party. 4; 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 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: 0��� by: Jo Shilts, St. r ' ounty Sheriff TOWN OF SOMERSET Date Signed: 3` 7 by: 94 a Ed Schachtner, Town of Somerset Chairperson ST. CROIX COUNTY Date Si ed: b � y 5 y: � Patrick Thompson, Administrator ATTACHMENT 1 TOWN OF SOMERSET ORDINANCES ENFORCED BY.THE ST. CROIX COUNTY SHERIFF The following list of Town of Somerset ordinances will be enforced by the St. Croix County Sheriff pursuant to this agreement: Chapter 24— Offenses and Nuisances Chapter 26 —Parks Chapter 32— Solid Waste (except for Provision 32-42) Chapter 36 - Traffic Chapter TBD —All-Terrain Vehicle Route I> F= ATTACHMENT 2 COMPENSATION TO COUNTY FOR SERVICES RENDERED BY SHERIFF The TOWN agrees to pay the COUNTY the following compensation for services provided by the SHERIFF pursuant to this agreement: 2017 - $69.00 per hour 2018 - $71.00 per hour The SHERIFF shall provide an invoice to the TOWN on a monthly basis detailing the total hours of services provided to the TOWN and the amount due for the month. I: } jll.