DRAFT PROPOSAL
LAW ENFORCEMENT SERVICES MEMORANDUM OF UNDERSTANDING
This agreement is entered into this ____day of__________, 20___ by and between the Town of Guernsey, Wyoming (TOWN), and the Platte County Sheriff's Office (SHERIFF); and approved by the Board of County Commissioners of Platte County, hereinafter referred to as COUNTY.
WHEREAS TOWN is in need of law enforcement services;
WHEREAS SHERIFF is capable of providing law enforcement services within the geographic boundaries of the Town of Guernsey; and
WHEREAS WYO. STAT. ANN. § 16-1-101 authorizes partnerships among governmental agencies and WYO. STAT. ANN § 7-2-106(b) specifically authorizes partnerships regarding law enforcement services:
THE PARTIES AGREE AS FOLLOWS:
1. Scope of Agreement: The parties intend under these terms to have the enforcementof municipal ordinances undertaken by SHERIFF
2. Duration: This agreement shall be for a continuous period of twelve (12) months, beginning___________, 20___ and ending __________, 20___, subject to adoption by resolution of the appropriate governing bodies. 3. Consideration: In exchange of the services to be performed by SHERIFF
to TOWN, TOWN shall pay COUNTY the total sum of $420,397.92 per year ($35,033.16 per month), and all reimbursements pursuant to Paragraph 4(f) to the Platte County Clerk. The total sum includes cost for the following: 1Sergeant position, 3 Deputy positions, and 4 patrol vehicles (to be replaced every 4 years). All other cost will be incurred by the COUNTY unless other agreements are reached. All current equipment will be turned over to SHERIFF to provide law enforcement services to the community.
4. Sheriff's Obligation: During the term of this agreement SHERIFF shall assume and perform the following:
a. SHERIFF shall enforce all ordinances of TOWN which are not in conflict with the Constitution or laws of the State of Wyoming.
b. SHERIFF shall be responsible for hiring of staff and employee discipline. All current TOWN staff must apply for a position with the department and complete the hiring process.
c. SHERIFF shall provide a minimum of twenty (20) hours per day of patrol coverage within TOWN. Said coverage to be from 7:00 AM to 3:00 AM approximately. When adequate personnel are available, twenty-four (24) hour per day coverage shall be provided.
d. Part of the patrol coverage shall consist of foot patrol, as assigned by SHERIFF.
e. SHERIFF shall, during normal business hours, make available at his office for inspection and copying all his records concerning his implementation of these terms, and shall furnish to TOWN a monthly report of patrol schedules and of warnings and citations issued.
f. SHERIFF shall act as TOWN's custodian of any monies received by him as appearance bond, forfeited fines, or resulting from other payments, and shall forthwith pay the same to the Municipal Judge for deposit. g. SHERIFF shall transport and detain violators of TOWN's ordinances, which shall include the right to detain them in the present holding facility of the COUNTY, and to deliver them to the Municipal Judge when required. TOWN shall set aside in its budget, funds to pay for the Municipal Court Prisoners. TOWN shall pay a rate of $40.00 per day per prisoner for detention services.
h. The SHERIFF shall indemnify the TOWN against any actions that may be filed by third parties relating to actions directly attributable to conduct of SHERIFF in the performance of the duties set out herein. The patrol area intended by this agreement is that within a five-mile radius of the center of TOWN, with the majority of coverage within the areas of the town limits.
5. Prosecution and Fines: The TOWN's attorney shall prosecute all ordinance violations, and all municipal fines collected, and bonds forfeited shall remain the exclusive property of TOWN.
6. Independent Contractor: SHERIFF shall function as an independent contractor for the purposes of this Contract and shall not be considered an employee of TOWN for any purpose. SHERIFF shall assume sole responsibility for any debts or liabilities that may be incurred by SHERIFF in fulfilling the terms of this agreement and shall be solely responsible for the payment of all federal, state, and local taxes which may accrue because of this agreement. Nothing in this agreement shall be interpreted as authorizing SHERIFF or its agents to act as an agent or representative for or on behalf of TOWN or to incur any obligation of any kind on behalf of TOWN except expressly provided herein. SHERIFF agrees that no health/hospitalization benefits, workers' compensation, and/or similar benefits available to TOWN employees will inure to the benefit of SHERIFF or its agents and/or employees as a result of this agreement.
7. Governmental Immunity: COUNTY and TOWN, each individually, do not waive governmental immunity by entering into this agreement, and specifically retain all immunities and defenses available to each as a governmental entity1and all other applicable law. The parties agree that any ambiguity in this Contract shall not be strictly construed, either against or for either party, except that any ambiguity as to immunity shall be construed in favor of immunity.
8. Termination: This agreement may be terminated by either party upon sixty (60) days written notice.
[SIGNATURES TO FOLLOW]
1W.S. § 1-39-101, et seq.
Signatures: The parties to this agreement, either personally or through their duly authorized representatives, have executed this agreement on the dates set out below, and certify that they have read, understood, and agreed to the terms and conditions of this agreement.
TOWN OF GUERSNEY:
_________________________Date:______ __________________ Date:____
Ed Delgado Mayor Town Clerk
PLATTE COUNTY:
________________________ Date:_______ _________________ Date: ____
Steve Shockley Malcolm Ervin, Clerk
Chair, Platte County Board of Commissioners
_________________________ Date:_______
David Russell, Sheriff
APPROVAL AS TO FORM AND CONTENT:
Deputy Platte County Attorney
___________________________________________________________________
TOWN HALL IS OPEN MONDAY - FRIDAY
7:00 AM TO 4:00 PM
OPEN DURING LUNCH HOUR
_____________________________________________________________________________________
Town of Guernsey Council
Next Regular Meeting
FEBRUARY 7TH, 2023 AT
6:00 PM MST
TOWN OF GUERNSEY
February 7, 2023
6:00 p.m.
- Call to Order/Pledge of Allegiance and Welcome
- Oath of Office – Kellie Augustyn, Council Member
- Approval of Agenda
- Approval of Minutes – January 17, 2023
- Consideration of Claims
- Public Comment
- Community/Organization Reports
- Resolution Approval – Bank Account Signature Cards
- Building Plan Approval – 262 E. Whalen
- Consulting Agreement – Information/Technology Services
- Rail Spur Extension
- Law Enforcement Services – Draft Proposal
- Department Reports
- Mayor and Council Member Reports
- Announcements
- Executive Session for Personnel
- Adjournment
ANNOUNCEMENTS
Pet Clinic, Saturday, February 11, 9-11 am
Planning and Zoning Meeting, Thursday, February 16, 6:00 pm
Mobile Food Pantry, February 18, 1-3 pm
Town Offices CLOSED, Monday, February 20th, Presidents’ Day
Next Regular Council Meeting – February 21, 6:00 pm
Pet Clinic, Saturday, February 11, 9-Noon, Town Hall
Join Zoom Meeting
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