JPA - 2013 - Law Enforcement Services - 9/23/2013 • J EEMENT NO. I 0 LI 35
JOINT POWERS AGREEMENT BETWEEN
THE ADA COUNTY SHERIFF'S OFFICE
AND THE CITY OF EAGLE
RELATING TO LAW ENFORCEMENT SERVICES
This Joint Powers Agreement ("Agreement") made and entered into this _ day of
S,4)AUY)‘')(_(,--
2013, by and between Ada County, a duly formed and existing county
pursuant to the laws and Constitution of the State of Idaho, the Ada County Sheriffs Office
("ACSO") and the City of Eagle, Idaho, a municipal corporation of the State of Idaho ("City").
WITNESSETH
WHEREAS, a number of cities in Ada County contract with the ACSO for the provision
of law enforcement services within their city boundaries, and
WHEREAS, the ACSO supports the development and continuation of these contracts to
preserve the quality, depth and breadth of its law enforcement services, and
WHEREAS, the City desires to contract with the ACSO for the performance of the
hereinafter described law enforcement duties, services, and functions within its boundaries by the
ACSO;
NOW, THEREFORE, in consideration of the mutual promises and covenants herein
contained, it is mutually agreed as follows:
1. Law Enforcement Services. The ACSO will make available to the City the law
enforcement services described in this Section 1 at the rates listed in Exhibit A, attached hereto
and incorporated herein by reference.
1.1. City Services. Services to the City shall consist of law enforcement and other
related services provided by personnel assigned primarily for the benefit of the geographic areas
JOINT POWERS AGREEMENT BETWEEN THE ADA COUNTY SHERIFF'S OFFICE
AND THE CITY OF EAGLE RELATING TO LAW ENFORCEMENT SERVICES —PAGE 1
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within the boundaries of the City except as may be modified by Section 1.4, below. City
services include:
a. Reactive patrol to enforce state law and City-adopted municipal, criminal,
and traffic codes and to respond to residents' and business' calls for service.
b. Proactive patrol to prevent and deter criminal activity.
c. Traffic patrol to enforce applicable traffic codes.
d. Deputies and Detectives to investigate local crimes occurring within the
city limits.
e. Community crime prevention.
f. Support services necessary to provide law enforcement services.
g. Communications services, including call receiving, dispatch, and reports.
h. Code enforcement of city code violations. The Code Enforcement office
will also assist patrol with crash scenes and report writing.
1.2. Administrative Services. Administrative services include planning and statistics
(including but not limited to criminal and city code enforcement), subpoena control, training,
accounting, payroll, personnel, media relations, fleet control, radio maintenance, purchasing,
records, and inspections/internal investigations. ACSO shall provide administrative services in
line with law enforcement authority.
1.3. Method of Service. The level, degree and type of services and the number of
positions assigned to those services shall be determined by the City in consultation with the Ada
County Sheriff or his/her designee.
a. Such positions shall be assigned to the City and shall be dedicated to work
within the City limits, subject to responses to assist another jurisdiction or ACSO unit.
JOINT POWERS AGREEMENT BETWEEN THE ADA COUNTY SHERIFF'S OFFICE
AND THE CITY OF EAGLE RELATING TO LAW ENFORCEMENT SERVICES—PAGE 2
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b. The number of such positions assigned to the City will remain constant.
The City recognizes that the deputies assigned to the City may be unavailable at times
due to training, vacation, sick leave, or other leave. Notwithstanding a deputy's absence,
calls for service and code enforcement in the City will be responded to by appropriate
personnel at the discretion of the Police Services Supervisor. The transfer of personnel
will be coordinated by the ACSO, in consultation with the City Chief Executive Officer
or designee, to minimize the impact of potential vacancies.
c. Additional support services may be purchased by the City and assigned for
the sole benefit of the City.
1.4. Compensation.
a. Total Cost. Total cost is reflected on Exhibit A.
b. Development of Service Costs. Service costs shall include, but not be
limited to, salary, benefits and special pays, if any, for personnel providing the service,
along with any associated clothing allowance, quartermaster, supplies, services,
telephone, motor pool, systems services, insurance, equipment and associated
administrative costs.
c. Billing. In consideration for duties, services, and functions heretofore
described in Section 1, the City shall pay to the ACSO the sum of$1,691,874.07 for the
term of this Agreement. Said sum shall be paid in twelve (12) equal monthly installments
due no later than the tenth day of each month. Payments shall commence November 10th
d. Discretionary Overtime. The City may request special services for
citywide events and agrees to pay for actual overtime, salary, special pay, and benefit
JOINT POWERS AGREEMENT BETWEEN THE ADA COUNTY SHERIFF'S OFFICE
AND THE CITY OF EAGLE RELATING TO LAW ENFORCEMENT SERVICES—PAGE 3
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costs for these special events. Discretionary overtime, when requested by the City for
such special events will be billable at the actual overtime rate of the deputy(s)working.
1.5. Special Provisions.
a. Stabilization of Personnel. The ACSO will coordinate transfers to
minimize the time positions are vacant, as well as the impact of vacancies to the City.
b. Computers. The ACSO Information Technology Unit will be responsible
for the repair and maintenance of all equipment, software, and accessories that are used in
conjunction with the mobile computing program.
c. City Police Facility. The City Police Facility shall be provided by ASCO
and is included in the total payment set forth in Exhibit A attached to and incorporated in
this Agreement. In the event the City desires ASCO house the City Police Facility in a
City facility, ASCO and the City shall meet to negotiate moving the City Police Facility.
1.6. Reporting.
a. Reporting Districts. Reporting districts coterminous with the City
boundaries will be maintained to enable accurate data collection on law enforcement
services provided and criminal activity.
b. Notification of Criminal Activity. The ACSO will notify the City in the
event of a significant criminal occurrence within the City.
c. Monthly Reports. The ACSO will provide monthly reports to the City on
traffic incidents, city code enforcement, and criminal activity in the City limits.
1.7. Personnel and Equipment. The ACSO is acting hereunder as an independent
contractor so that:
JOINT POWERS AGREEMENT BETWEEN THE ADA COUNTY SHERIFF'S OFFICE
AND THE CITY OF EAGLE RELATING TO LAW ENFORCEMENT SERVICES —PAGE 4
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a. Control of Personnel. Control of personnel, standards of performance,
discipline and all other aspects of performance shall be governed entirely by the ACSO.
Allegations of misconduct shall be investigated in accordance with ACSO protocol.
b. Status of Employees. All persons rendering service hereunder shall be for
all purposes employees of the ACSO.
c. Liabilities. All liabilities for salaries, wages, any other compensation,
injury, or sickness arising from performance of the law enforcement services by the
ACSO hereunder shall be that of the ACSO.
d. Provision of Personnel. The ACSO shall furnish all personnel and such
resources and material deemed by the ACSO as necessary to provide the level of law
enforcement service herein described. Ownership of equipment purchased by the ACSO
is retained by the ACSO.
e. Municipal Violations. ACSO personnel may cite violations of Eagle City
Code.
1.8. City Responsibilities. In support of the ACSO providing the services described
herein,the City promises the following.
a. Municipal Police Authority. The City promises to confer municipal police
authority on such ACSO deputies as might be engaged hereunder in enforcing City
ordinances within City boundaries, for the purposes of carrying out this Agreement.
b. Special Supplies. The City promises to supply, at its own cost and
expense, any special supplies, stationery, notices, forms, and the like where such must be
issued in the name of the City.
JOINT POWERS AGREEMENT BETWEEN THE ADA COUNTY SHERIFF'S OFFICE
AND THE CITY OF EAGLE RELATING TO LAW ENFORCEMENT SERVICES —PAGE 5
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1.9. Duration. This Agreement is effective upon authorization and signature by all
parties, except that services and charges shall commence on October 1, 2013, and unless
otherwise terminated, shall continue in effect until September 30, 2014. This Agreement may be
renewed upon the mutual written consent of the parties.
1.10. Termination Process. Each party may initiate a process to terminate this
Agreement as follows:
a. Notice of Termination. In the event either party hereto desires to
terminate the Agreement prior to the expiration date, such party may do so by giving (60)
days written notice to other parties.
b. Transition Plan. Within 60 days of the receipt of such written termination
notice, the parties shall commence work on and complete a mutually agreed-upon
transition plan providing for an orderly transition of responsibilities from the ACSO to
the City. The planning method should proceed along the lines of a project management
approach to facilitate the joint planning process by the City and the ACSO. The
overarching goal of the transition plan will be to ensure there is no disruption in service
to the community. Each party shall bear its respective costs in developing the transition
plan.
c. Termination and/or Interest Charge. In the event the City fails to make a
monthly payment within 60 days of billing, the ACSO may charge an interest rate within
two percentage points of the interest rate on the monthly ACSO investment earnings. In
addition, in the event the City fails to make a monthly payment within 120 days of
billing, the ACSO may terminate this Agreement.
JOINT POWERS AGREEMENT BETWEEN THE ADA COUNTY SHERIFF'S OFFICE
AND THE CITY OF EAGLE RELATING TO LAW ENFORCEMENT SERVICES —PAGE 6
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1.11. Indemnification.
a. City to Hold County Harmless. The County, its officers, agents, and
employees, shall not be deemed to have assumed any liability for the acts of said City or
any officers, agents or employees thereof, and the City hereby covenants and agrees to
hold and save the County and all of its officers, agents, and employees harmless from all
claims whatsoever that might arise against the County, its officers, agents, or employees,
by reasons of any acts or failures to act on the part of the City, its officers, agents or
employees.
b. County to Hold City Harmless. The County hereby covenants to hold and
save the City and all its officers, agents, and employees, harmless from all claims
whatsoever that might arise against the City, its officers, agents, or employees by reason
of any acts or failures to act on the part of the County, its officers, agents, or employees
in the performance of the duties required by the terms of this Agreement.
c. Liability Related to City Ordinances, Policies, Rules and Regulations. In
executing this Agreement, the ACSO does not assume liability or responsibility for or in
any way release the City from any liability or responsibility which arises in whole or in
part from the existence or effect of City ordinances, policies, rules or regulations. If any
cause, claim, suit, action or administrative proceeding is commenced in which the
enforceability and/or validity of any such City ordinance, policy, rule or regulation is at
issue, the City shall defend the same and select legal counsel at its sole expense and, if
judgment is entered or damages are awarded against the City, the ACSO, or both, the
City shall satisfy the same, including all chargeable costs and reasonable attorney's fees.
JOINT POWERS AGREEMENT BETWEEN THE ADA COUNTY SHERIFF'S OFFICE
AND THE CITY OF EAGLE RELATING TO LAW ENFORCEMENT SERVICES —PAGE 7
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1.12. Audits and Inspections. The records and documents with respect to all matters
covered by this Agreement shall be subject to inspection, review or audit by the ACSO or City
during the term of this Agreement and three (3) years after termination unless such records are
exempt from disclosure under Idaho Code sections 9-335 and 9-337 et seq.
1.13. Amendments. This Agreement may be amended at any time by mutual written
agreement of the City and the ACSO.
1.14. Agreement Administration.
a. Agreement Administrators. The City Mayor or his/her designee and the
ACSO Law Enforcement Chief for the City shall serve as agreement administrators to
review performance and resolve operational problems.
b. Referral of Unresolved Problems. The City Mayor shall refer any police
and/or city code enforcement service operational problem, which cannot be resolved with
the Chief of Law Enforcement Services, to the Ada County Sheriff. The Sheriff and
Mayor shall meet as necessary to resolve such issues.
1.15. Entire Agreement/Waiver of Default. The parties agree that this Agreement is the
complete expression of the terms hereto and any oral or written representations or
understandings not incorporated herein are excluded. Both parties recognize that time is of the
essence in the performance of the provisions of this Agreement. Waiver of any default shall not
be deemed to be a waiver of any subsequent default. Waiver or breach of any provision of the
Agreement shall not be deemed to be waiver of any other or subsequent breach and shall not be
construed to be a modification of the terms of the Agreement unless stated to be such through
written approval by the County, which shall be attached to the original Agreement.
JOINT POWERS AGREEMENT BETWEEN THE ADA COUNTY SHERIFF'S OFFICE
AND THE CITY OF EAGLE RELATING TO LAW ENFORCEMENT SERVICES —PAGE 8
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IN WITNESS WHEREOF, the parties have executed this Agreement.
City o Eagle a
By: --
im Reyn•ld• ayor
ATTEST: C' ep0Rq••�'
* +.+
Eagle City Clerk P.,`i>+ •••••••• P�'
Ada County Sheriff's Offic,
By: 11111111k1P111111°__ .- _ �•
Gary Raney, Shoff
Board of A la County Commissioners
By: _ _.J.
t'a d L. Case, Commissioner
ABSENT
By:
Jim Tibbs, Commissioner
By: Ir./ ,��- , _ •
Rick Yzagu'f, Commissioner
ATTEST:
<17,erag2(/'
Christopher D. Rich, Ada County Clerk
JOINT POWERS AGREEMENT BETWEEN THE ADA COUNTY SHERIFF'S OFFICE
AND THE CITY OF EAGLE RELATING TO LAW ENFORCEMENT SERVICES—PAGE 9
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EXHIBIT A
ADA COUNTY SHERIFF'S SERVICE RATE
EFFECTIVE 10/1/2013
City of Eagle 2013-2014 Budget Summary
Personnel $ 1,601,625.35
Equipment/Uniforms $ 24,205.82
Operational 34,243.20
Vehicles $ 145,788.89
$/Part A Crimes #Part A Crimes
Support $ 35.00 463 $ 16,205.00
[Budget Subtotal $ 1,822,068.26
Credits 130,194.19
Credit Subtotal $130,194.19
Budget Subtotal $ 1,822,068.26
Credit Subtotal $130,194.19
Grand Total $ 1,691,874.07
Personnel
Position Number Cost Annual Total
Lieutenant 1 $ 139,662.91 $ 139,662.91
Sergeant 2 $ 124,815.50 $ 249,630.99
Detective 2 $ 107,413.10 $ 214,826.20
Deputy 9 $ 103,032.22 $ 927,289.98
Code Enforcement 1 $ 54,576.00 $ 54,576.00
Clerk(FT) 0 $ 46,781.50 $ -
Clerk(PT) 0.5 $ 15,639.27 $ 15,639.27
Personnel Subtotal 15.5 $ 1,601,625.35
Contract Amount $ 1,691,874.07
Payments
October $ 140,989.51
November $ 140,989.51
December $ 140,989.51
January $ 140,989.51
February $ 140,989.51
March $ 140,989.51
April $ 140,989.51
May $ 140,989.51
June $ 140,989.51
July $ 140,989.51
August $ 140,989.51
September $ 140,989.51
Total Payments $ 1,691,874.07