#05 Intergovernmental agreement with Rock County on law enforcement services
ADMINISTRATIVE SERVICES MEMORANDUM
April 7, 2009
TO: City Council
FROM: Jacob J. Winzenz, Director of Administrative Services
SUBJECT: Action on a Proposed Intergovernmental Agreement Between the
City of Janesville and Rock County Related to Law Enforcement
Services at the University of Wisconsin-Rock County Campus and
the Distribution of Payment for Municipal Services (PMS) Program
Funding.
Summary
In the fall, 2009, the City of Janesville received notification from the State of
Wisconsin, Department of Administration, that the 2008 Payment for Municipal
Services (PMS) program payment for law enforcement services to the University
of Wisconsin-Rock County campus was being withheld. In addition, we were
notified that similar payments for 2007 and 2006 would need to be refunded to
the State. After discussions with State officials and officials from Rock County an
intergovernmental agreement was reached that will allow the funding to stay in
Rock County. Under the terms of the proposed agreement the City will retain
30% of the 2006, 2007, 2008, and future payments, with the remaining 70%
going to Rock County.
Recommendation
Staff believes the proposed intergovernmental agreement represents a
compromise that is in the best interests of the citizens of Janesville and Rock
County. Therefore, staff recommends that the City Council authorize the City
manager to execute the proposed intergovernmental agreement.
Suggested Motion
Move to authorize the City Manager to enter into an intergovernmental
agreement between the City of Janesville and Rock County related to law
enforcement services to the University of Wisconsin-Rock County campus and
the distribution of Payment for Municipal Services program funding.
City Manager Recommendation
The City Manager concurs with the Administrative Services Director’s
recommendation.
Background
The Payment for Municipal Services (PMS) program is intended to reimburse
local governments for services, such as police, fire, and sanitation, provided to
state facilities located within their jurisdictions. The primary state facility in
Janesville is the University of Wisconsin-Rock County (U-Rock) campus.
Payments are provided on a formula basis and sent directly to the municipality.
Counties are not eligible to receive funding except on a reimbursement basis for
the actual costs of services delivered. In 2008 the City anticipated receiving
approximately $150,000 through the PMS program, of which approximately
$32,000 was for police services.
The University of Wisconsin-Rock County campus (buildings and grounds) are
owned by Rock County and leased to the State of Wisconsin. The City of
Janesville and Rock County have a historical practice where the Rock County
Sheriff’s Department provides primary response to County-owned facilities
located within the City of Janesville, such as the Courthouse, jail, and the U-Rock
campus. The Janesville Police Department responds to the campus when
requested, but also provides services to the areas surrounding the campus.
In the fall, 2009, the City of Janesville received notification from the State of
Wisconsin, Department of Administration, that the 2008 Payment for Municipal
Services (PMS) program payment for law enforcement services to the U-Rock
campus was being withheld. It was their belief that the Rock County Sheriff’s
department was providing police services to the campus, not the Janesville
Police department. In addition, we were notified that similar PMS payments for
2007 and 2006 would need to be refunded to the State, in accordance with the
program rules.
In reviewing the 911 call data from 1/1/2006 through 12/31/2007 it became clear
that Janesville Police did respond to calls for service from the U-Rock campus.
The “raw” data seems to indicate that during this period Janesville Police
responded to 39.8% of the calls whereas the Rock County Sheriff’s department
responded to 60.2%. However, in looking into the calls in more detail, while
Janesville Police were dispatched in some cases, an officer never responded
because the call was turned over to the Rock County Sheriff’s department. In
addition, while some calls may have listed the address for the U-Rock campus,
the issue may have actually been on the street in front of the campus. Taking
these adjustments into consideration, the actual number of responses to the U-
Rock campus by Janesville Police is approximately 7% of the total.
Following discussions with State officials it was determined that police services
were provided to the U-Rock campus so it was appropriate for the community to
be reimbursed for those services. The question then became the distribution of
those funds between Rock County and the City of Janesville. Following
negotiations with Rock County officials it was agreed that the recommended
distribution would be 30% for the City of Janesville and 70% for Rock County.
This reflects that Rock County responds to most of the calls for service, but that
the City of Janesville provides general policing to the area, back-up support, a
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S.W.A.T. team for critical incidents that may occur on campus, and a two (2) K-9
units.
Analysis
If the proposed agreement is approved it would result in the following
reimbursements from the City of Janesville to Rock County:
Description Total Received 70% Reimbursement
2006 PMS Police $ 44,601 $ 31,221
2007 PMS Police 36,191 25,334
2008 PMS Police(1) 32,253 22,577
(1)
Payment withheld for 2009
Under the terms of the proposed agreement, the 2006 and 2007 PMS amounts
for police services ($56,555) would be paid to Rock County within sixty (60) days
of the execution of the agreement. The State of Wisconsin withheld their 2008
payment for police services ($32,252) due to the dispute over the provision of
police services. This amount would normally have been received in March,
2009. This amount will now be paid to the City in March, 2010 along with the
2009 payment. Within sixty (60) days of the receipt of those funds the City will
remit 70% to Rock County.
The proposed agreement represents a compromise that retains the state funding
for police services to the U-Rock campus within Rock County. Without this
agreement the State would have required that all, or a significant portion, of the
funding for these services be reimbursed to the State. With the proposed
agreement the taxpayers of the City and County continue to benefit from the
availability of state funding.
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CITY OF JANESVILLE and COUNTY OF ROCK
University of Wisconsin Rock County Campus Law Enforcement Protection and
Services Funding Distribution Intergovernmental Cooperation Agreement
(“AGREEMENT”)
Whereas, the City of Janesville, a Wisconsin Municipal Corporation located in the County of Rock,
conducting its principal business at 18 North Jackson Street, Wisconsin 53547-5005 (“City) and the
County of Rock, a municipal corporation, through the Rock County Sheriff’s Office, conducting its
principal business at 51 South Main Street, Janesville, Wisconsin 53545 (“County”), mutually desire to
enter into this Agreement; and
Whereas, the State of Wisconsin leases and operates a campus of the University of Wisconsin System
(“UW”) upon certain real property owned by the County, located at 2909 Kellogg Avenue in the City of
Janesville, County of Rock, State of Wisconsin, Janesville Property Identification Number
041030030
(“Campus”), the legal description of which is set forth in “Attachment A” hereto which is incorporated
herein as if fully set forth verbatim; and
Whereas, UW leases the Campus from the County; and
Whereas, the County has historically been tasked the responsibilities of providing law enforcement
protection and services to the Campus; and
Whereas, the City has historically provided police assistance to the Campus when requested; and
Whereas, neither the City nor the County are obligated to enter into this Agreement;
Whereas, the City has received, currently does receive, and shall apply for and anticipates to receive
from the State of Wisconsin Department of Administration certain annual funding under the Payment
for Municipal Services Program (PMS) established in 1973 for law enforcement protection and services
provided by the City to the Campus for State owned and/or operated properties and facilities, according
to the program guidelines developed by the Department of Administration as approved by the
Legislative Joint Committee on Finance (“State Funding”);
Whereas, the City and the County each find that this Agreement is in the best interest, common good
and public benefit of the public.
Whereas, the City and County wish to memorialize this practice that has been in place since UW-Rock
County opened; and
Whereas, Wis. Stats. § 66.0301 and related statutes empower(s) the City and County to enter into this
intergovernmental cooperation and revenue sharing agreement
Whereas, the duly elected and serving governing bodies of the City and the County have lawfully and
duly authorized entering into this Agreement in open session assembly of their respective bodies; and
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NOW, THEREFORE, for the good and valuable consideration set forth herein and deriving herefrom, the
sufficiency of which is hereby acknowledged by both parties hereto, the City and County through the
Sheriff’s Office hereby agree and promise to each other as follows:
1.Each of the above recitals is reiterated and incorporated herein as if fully set forth verbatim.
2.The County and also the City, when requested, shall provide law enforcement protection and
services to the Campus during the term of this Agreement and all renewals and extensions
hereof.
3.Commencing with calendar year 2009, the City shall annually apply for, file, and obtain the
maximum allowable amounts in State Funding.
4.Annually, within sixty (60) days of receiving the State Funding, the City shall remit to the County
the County’s Seventy Percent (70%) share of the State Funding. The City shall retain the
remaining Thirty Percent (30%) of the State Funding.
5.For calendar years 2007 and 2008, the City already has received State Funding. In consideration
of the law enforcement protection and services provided to the Campus by the County during
2007 and 2008, the City shall make payments to the County Treasurer to be forwarded to the
Sheriff’s Office in an amount that equals Seventy Percent (70%) of the actual State Funding
received by the City for 2007-2008.
6.The City shall make its reimbursement payment to the Sheriff’s Office for the years 2007 and
2008 within sixty (60) days of the execution of this Agreement by both parties; and
7.The amount of State Funding distribution between the City and County is set by this Agreement.
The percentage distribution of the State Funding between the City and the County for (a)
calendar years 2007, 2008, 2009 and 2010 as agreed upon, and fully binding as specifically set
forth in this Agreement but is not necessarily reflective of the extent, level, amount, or cost of
law enforcement protection and services provided to the Campus by the parties hereto. At the
end of the term of this contract, the parties will reevaluate the percentages.
8.The amount of State Funding Distribution for 2007 and 2008, and payments, as set forth herein
shall never be modified or disputed by either party hereto or any of their respective successors or
assigns.
9.The amount of State Funding Distribution for 2009 and 2010, and payments, as set forth herein
shall not change or be modified or disputed by either party hereto or any of their respective
successors or assigns for, during, or after the initial term of this Agreement.
10.The City shall make no payments to the County, and the County shall not be entitled to receive
from the City, any proportional distributional payments under this Agreement or any renewals,
extensions or amendments hereof for any years for or in which the City does not receive funding
from the State under the PMS or related, amended, or successor program(s); and
11.The amount of future State Funding Distributions and payments shall be set as then negotiated
and agreed upon by and between the City and County. Similarly, the amounts of all future State
Funding Distributions and payments for all years after 2010, after payment is made by the City,
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shall never change or be modified or disputed by either party hereto or any of their respective
successors or assigns.
12.Neither during the initial term nor any renewals or extensions hereof shall the applicable agreed
upon distributions and payments change, be modified, or disputed by either party merely by
virtue of the actual extent, level, amount, or cost of law enforcement protection and services
provided by either party in 2007, 2008, 2009, 2010, or any subsequent year.
13.Notwithstanding anything expressly set forth or construed to the contrary herein, this Agreement
does not establish or concede to the County Sheriff exclusive or primary law enforcement
jurisdiction over the Campus.
14.The initial term of this Agreement shall expire on December 31, 2010.
15.This Agreement may be renewed and extended by the City and the County.
16.This Agreement cannot be assigned by either party.
17.This Agreement is binding upon the City and County and inures to their mutual and respective
benefit, and is an obligation upon each.
18.This Agreement creates no duty, obligation, responsibility, or benefit in or for, and extends no
rights, privileges, causes of action, or claims in any third persons not a party to this Agreement.
19.The officials signing below individually represent that each, respectively, has full right, power,
and authority to execute this Agreement.
20. This Agreement shall be interpreted and construed in accordance with the laws of Wisconsin in
which the Premises are located.
21.This Agreement shall constitute the entire agreement between the parties. Any prior
understanding or representation of any kind preceding the date of this agreement shall not be
binding upon either party except to the extent incorporated in this agreement.
22.This Agreement contains all the terms and conditions agreed upon by the parties hereto, and no
Agreement, oral or otherwise, regarding the subject matter of this Agreement shall be deemed to
exist or be binding upon any of the parties hereto except those Laws, specifications and other
provisions expressly reference herein whether or not incorporated.
23.Amendment and Modification of Agreement. No modification, amendment, waiver, or release
of any provisions of this Agreement or of any right, obligation, claim, or cause of action arising
hereunder shall be valid or binding for any purpose unless in writing and duly authorized and
executed by both parties.
24.Time of the Essence. It is specifically declared that time is of the essence in the performance of
each and every provision set forth in this Agreement by each party hereto.
25.No Waiver. No part, portion, provision, promise, paragraph, obligation, term, or section of this
Agreement shall be deemed waived by reason of one party failing to enforce such breach at any
time or from time to time. Any such waiver must be in writing.
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26.This terms, obligations, promises, benefits, and provisions set forth in this Agreement shall
survive the expiration of the initial term of this Agreement for six (6) years, and for six (6) years
after any and all renewals, extensions, and/or amendments hereof.
27.This Agreement is and shall be construed as the joint work product of both the City and County.
This Agreement shall not be construed against either party simply by virtue of who drafted same.
28.This Agreement shall be interpreted and applied by the City, County, courts, and all persons so as
to most fully effectuate the intent and spirit of the parties hereto.
29.Disputes. All disputes shall be resolved through negotiations between the principals of the
parties hereto. All litigation arising herefrom and/or pertaining hereto shall be resolved without
a jury by a randomly selected circuit judge of a court of competent jurisdiction located in the
County of Rock.
30.Notice shall be provided to the parties either by personal service or by mail at the above
designated addresses:
To the City: Jacob J. Winzenz
Director of Administrative Services
Municipal Building
18 North Jackson Street
P.O. Box 5005
Janesville, WI 53547-5005
Phone: 608-755-3155
Facsimile: 608-756-3196
To the County: Robert Spoden
Rock County Sheriff
Rock County Sheriff’s Office
200 E. Highway 14
Janesville, WI 53545
Phone: 608-757-7948
Facsimile: 608-757-8012
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Agreed to this _______ day of March, 2009.
CITY OF JANESVILLE
____________________________________ ________________________________
By: Eric J. Levitt, City Manager
___________________________________
By: Jean Ann Wulf, City Clerk-Treasurer
Agreed to this _______ day of _________, 2009.
COUNTY OF ROCK
____________________________________ ________________________________
By: J. Russell Podzilni, County Board Chair By: Lori Stottler, County Clerk
____________________________________
By: Robert Spoden, Sheriff
Approved as to form:
____________________________________
Jeffrey S. Kuglitsch
Rock County Corporation Counsel
Approved as to form:
____________________________________
Wald Klimczyk, Janesville City Attorney
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ATTACHMENT A
L E G A L D E S C R I P T I O N
PT.SE1/4 SEC.10-2-12 & GOVT. LOTS 7 & 8; BGN.NW.COR.VALLEY PARK S.D;TH.S.0D44'46" E.
243.02';TH.S.86D40'35"E.43.05';TH.S.28D02'05" E.66.81'; TH.S.0D16'50"
E.1425.58';TH.S.89D23'20" W. 410';th NWerly in direct line to a point which is 120.00 feet south
from the Werly ext of the S ROW L of Burbank Av and which is 690.00’ m/l W from the Serly ext of
the W L of sd Valley Pk; th Nerly and parallel to the W L of sd Valley Pk 30.00’ to a point on the S L
of the N ½ of the S ½ Sec 10; th Werly alg sd S L 690’ m/l to E L Lot 2, CSM Doc No 902822 Vol 8,
pgs 279-280, Certified Survey Maps of Rock Co., WI; TH.N.6D31'58" E. 380’ m/l';TH.N.27D00'52"
W.79';TH.N55D28'32" E.308.20'; TH.N.22D31'33"W. 173.29'; TH.N.52D29'43" E.321.14' TH. ALG.
CURVE WHICH IS E.L.S. RIVER RD. 400';TH.N.15D25'44"E. 43.73'; TH.N.89D15'14" E. 590.80' TO
POB; also incl area DAF: Com SW. cor of Wick Addition th S.89D27’W. 1459.06 feet; th
N.2D13’30"E. 19.67 feet; th N.89D25’19"E. 539.65 feet; th N.0D36’40"W. 290.0 feet; th
N.89D22’32"E. 630.22 feet to a L that is parallel with and 290.0 feet W of the W L of Guy L. Nichols’
Valley Park and POB; th cont N.89D22’32"E. 290.13’ m/l to W L of sd Wick Addition; th
N.0D16’50"W. alg sd W L, 435.66’ m/l to the S L of the N 1/2 of sd SE ¼ sd Sec 10; th
N.89D34’30"W. alg sd S L, 290.02 feet; th S.0D16’50"E. alg sd L, 434.16 to POB; and excl area for
public street ROW DAF: PART OF GOVERNMENT LOT 7 OF FRACTIONAL SECTION 10, T.2N.,
R.12E. of the 4th P.M., CITY OF JANESVILLE, ROCK COUNTY, WI DAF; Com at a P.K. Masonry
Nail at the E ¼ Cor of sd Sec 10; th S89°15’15"W alg the N L of sd Government Lot, 1475.63 ft; th
S0°44’45"E 42.0 ft to an iron pin on the SL of Kellogg Av, also POB; th SWly alg a curve convexed
NWly, 296.56 ft, having a radius of 310.39 ft and a chord bearing S61°52’57.5"W 285.40 ft to an iron
pin at a point of reverse curve; th SWly alg a curve convexed SEly, 171.32 ft, having a radius of
544.98 ft and a chord bearing S43°31’02"W 170.61 ft to an iron pin at a point of tangency: th
S52°31’22"W 88.93 ft to an iron pipe on the relocated Eerly L of S. River Rd; th NEly alg sd Ely L,
alg a curve convexed SEly, 399.98 ft, having a radius of 818.51 ft and a chord bearing
N38°31’24.5"E 396.01 ft to sd SL of Kellogg Av; th N89D15’15"E alg sd SL, 193.14 ft to POB.
JC570410300300
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