HomeMy WebLinkAboutResolution 2009 (18) RESOLUTION APPROVING LAW ENFORCEMENT SERVICES AGREEMENT
BETWEEN THE ST. CROIX COUNTY SHERIFF AND THE TOWN OF SOMERSET
Resolution No. l f CdOG ?j
St. Croix County, Wisconsin
WHEREAS, Wisconsin Statutes §66.0301 authorizes cooperative agreements between
municipalities; and
WHEREAS, §66.0301(1)(a) defines "municipality" to include town and counties; and
WHEREAS, the St. Croix County Sheriff and the Town of Somerset desire to enter into
an agreement whereby the Sheriff would provide law enforcement services to the town in
addition to services normally provided to the town, and the town will compensate the County for
the additional services; 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 Board of Supervisors that the attached
agreement between the St. Croix County Sheriff, St. Croix County, and the Town of Somerset
for law enforcement services is hereby approved.
Offered by the Public Protection Committee
YES NO ABSTAIN ABSENT SUPERVISOR SIG A TORE
EZ ❑ ❑ ❑ Julie Speer
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21 ❑ El 111 John Borup „~-- -
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❑ ❑ El Cindy Leonard 4 r�
V T ❑ ❑ Laura Tommerdahl . G 4 i v O 1 - '
0 ❑ ❑ El Roger Larson � l „?,0�r7
_ _____ ,
This Resolution wa ado d by the St. Croix County Board
Reviewed as to form on 5 (E 0 of Supervisors on ` J l4 c:26(._) 7
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Greg Ti r erman, Corporation Counsel Cindy Campbell; bounty Clerk
LAW ENFORCEMENT SERVICES AGREEMENT
This agreement is made and entered into by and between the St. Croix County S y
(hereinafter "SHERIFF "), St. Croix County (hereinafter "COUNTY ") and the T! of
Somerset (hereinafter "TOWN "). -
RECITALS
St Croix Coun Government Center
WHEREAS, the COUNTY, whose address is S . County � � s
Carmichael Road, Hudson, WI 54016, is authorized by Wisconsin Statutes sec.
66.0301(2) to contract with a town 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 TOWN, whose address is 748 Hwy. 35, P.O. Box 248, Somerset,
Wisconsin 54025, desires to purchase 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
the TOWN; and
WHEREAS, the COUNTY has authorized such an arrangement, provided its costs are
adequately reimbursed by the TOWN, in Resolution No.,2 OO9 - 01 .
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, 2009, 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
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 SHERIFF, that person may terminate this
agreement at any time.
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 necessary equipment to provide law enforcement
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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 continuous 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
TOWN ordinances for which the TOWN empowers him or her and shall issue citations
using forms supplied by the TOWN. 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 SHERIFF 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 the
TOWN shall pay the COUNTY for the services provided by the SHERIFF at a rate of
$25.00 per hour or the rate of pay per hour as set by the SHERIFF for the year in which
this contract is in effect.
7. COVERAGE PERIODS. Coverage periods for services shall be established
between the SHERIFF and the TOWN.
8. 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.
9. 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
improper conduct, or both, of any COUNTY employee, including the assigned deputy.
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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.
10. AGREEMENT NOT ASSIGNABLE. This agreement is not assignable by any
party.
11. 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.
12. 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.
13. 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
Sheriffs department employees are 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.
14. 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.
15. 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.
16. 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
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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.
17. 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.
18. 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.
19. 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.
TOWN OF SOMERSET:
Date Signed: 5 - - O \ by: 4
E hachtner, Town Chairman
by: ► • k.�`e..X>
JeiP Koester, Clerk
ST. CROIX COUNTY SHERIFF:
Date Signed: 0 5 O ? by: �./v4,,,,..„ a : - , �.,
Dennis Hillstead, St. Croix Co. Sheri
ST. CROIX COUNTY:
Date Signed: U 5 - - 2 I- a 9 by: , �`-v-i
Roger Rgbholz, • " • • ty B6 rd Chair
Date Signed: LC' 4 by: i ,
Chuck Whiting, As • ...strative Coordinator
Date Signed: / o `? by: 0( j /
Cindy Campbell, County Clerk
• STATE OF WISCONSIN
COUNTY OF ST. CROIX
I, Cindy Campbell, St. Croix
County Clerk, DO HEREBY CERTIFY that •
the tamping is a true gnd correct py of
adopted by the Count Board of S rvisors
at th meeting .held `• / __• • 9
Cindy Campbell, St Ctoix■Coynbj Clerk