JPA - 2023 - FY 2024 Law Enforcement Services Agreement - 10/10/2023 AGREEMENT NO. 1 Sys
JOINT POWERS AGREEMENT BETWEEN
THE ADA COUNTY SHERIFF'S OFFICE AND THE CITY OF EAGLE
RELATING TO LAW ENFORCEMENT SERVICES FY 2024
THIS JOINT POWERS AGREEMENT ("Agreement") is made and entered into this
- day of L , 2023, by and between Ada County, a duly formed and existing
county pursuant to the laws and Constitution of the State of Idaho ("County"), the Ada County
Sheriff's 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 Cite 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 FY 2024 —
PAGE 1
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.
JOINT POWERS AGREEMENT BETWEEN THE ADA COUNTY SHERIFF'S OFFICE AND
THE CITY OF EAGLE RELATING TO LAW ENFORCEMENT SERVICES FY 2024 —
PAGE 2
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.
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 in Exhibit A, which is attached hereto
and incorporated herein by reference.
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.
JOINT POWERS AGREEMENT BETWEEN THE ADA COUNTY SHERIFF'S OFFICE AND
THE CITY OF EAGLE RELATING TO LAW ENFORCEMENT SERVICES FY 2024 —
PAGE 3
c. Billing. In consideration for duties, services, and functions heretofore
described in Section 1, the City shall pay to the ACSO the sum of
$4,534,210.00 for the term of this Agreement. Said sum shall be paid in
twelve (12) equal monthly installments of$377,850.83 due no later than
the tenth day of each month. Payments shall commence October 10t.
d. Discretionary Overtime. The City may request special services for
citywide events and agrees to pay for actual overtime, salary, special pay,
and benefit 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.
d. Hiring of Additional Deputies. City understands and agrees that when
additional deputies are requested by the City and added to this Agreement,
JOINT POWERS AGREEMENT BETWEEN THE ADA COUNTY SHERIFF'S OFFICE AND
THE CITY OF EAGLE RELATING TO LAW ENFORCEMENT SERVICES FY 2024 —
PAGE 4
ACSO will require a reasonable amount of time to hire and train the new
deputies. ACSO will not reduce service or response based on the need to
train officers. City will not be entitled to a credit towards the fees paid
pursuant to this Agreement, due to any situation where it may take ACSO
longer than expected to hire and train a deputy to fill the requested
position.
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:
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.
JOINT POWERS AGREEMENT BETWEEN THE ADA COUNTY SHERIFF'S OFFICE AND
THE CITY OF EAGLE RELATING TO LAW ENFORCEMENT SERVICES FY 2024 —
PAGE 5
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 and Equipment. The ACSO shall furnish all
personnel and such resources and materials deemed by the ACSO as
necessary to provide the level of law enforcement service herein
described. Ownership of all property, including police equipment, office
equipment, furniture, vehicles, electronics and computers purchased by the
ACSO to fulfill its duties pursuant to this Agreement shall be retained by
the ACSO during the term of this Agreement and after Agreement
termination.
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 FY 2024 —
PAGE 6
1.9 Duration. This Agreement is effective upon authorization and signature by all
parties, except that services and charges shall commence on October 1, 2023, and unless
otherwise terminated, shall continue in effect until September 30, 2024. 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 sixty (60)days written notice to other parties.
b. Transition Plan. Within sixty (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 sixty (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
JOINT POWERS AGREEMENT BETWEEN THE ADA COUNTY SHERIFF'S OFFICE AND
THE CITY OF EAGLE RELATING TO LAW ENFORCEMENT SERVICES FY 2024 —
PAGE 7
fails to make a monthly payment within one hundred twenty (120) days of
billing,the ACSO may terminate this Agreement.
1.11 Indemnification and Insurance.
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
JOINT POWERS AGREEMENT BETWEEN THE ADA COUNTY SHERIFF'S OFFICE AND
THE CITY OF EAGLE RELATING TO LAW ENFORCEMENT SERVICES FY 2024 —
PAGE 8
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.
d. Insurance. Each party shall procure and maintain insurance as required by
applicable federal and state law and as may be appropriate and reasonable
to cover its staff, equipment, vehicles, and property, including but not
limited to liability insurance, workers' compensation, automobile liability,
and property damage. Each party has the right to self-insure all or part of
the insurance requirements set forth in this paragraph.
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 §§ 74-101 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
JOINT POWERS AGREEMENT BETWEEN THE ADA COUNTY SHERIFF'S OFFICE AND
THE CITY OF EAGLE RELATING TO LAW ENFORCEMENT SERVICES FY 2024 —
PAGE 9
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.
///INTENTIONALLY LEFT BLANK///
JOINT POWERS AGREEMENT BETWEEN THE ADA COUNTY SHERIFF'S OFFICE AND
THE CITY OF EAGLE RELATING TO LAW ENFORCEMENT SERVICES FY 2024 —
PAGE 10
IN WITNESS WHEREOF,the parties have executed this Agreement.
City of Eagle
By: \.
Ja on Pie ce, Mayor
tia__
A TEST: -1+incil Approval: 91a0121/4o43
Eagle erk
,,,,,,,,,,,,,,,,,
F EAC
eoR4T••
v: 4:0 (' * Ada County Sheriffs Office
:v •
VS" •* •
••••;(bILIK,FI` • 'F' By:
STgTE•O� � `' Matthew Clifford, Sheriff
.,r
Board of Ada County Commissioners
By:
Rod Beck, Commissioner
By:
Ryan Davidson, Commissioner
By:
Thomas Dayley, Commissioner
ATTEST:
Trent Tripple, Ada County Clerk
JOINT POWERS AGREEMENT BETWEEN THE ADA COUNTY SHERIFF'S OFFICE AND
THE CITY OF EAGLE RELATING TO LAW ENFORCEMENT SERVICES FY 2024 —
PAGE 11
IN WITNESS WHEREOF,the parties have executed this Agreement.
City of Eagle
By: - ---
Ja Piece,Mayor
A EST: / „mcil Approval: 9 J,761213
a e lerk
�.,
Ada County Sheriffs Office
1
By: /06,
atthew Clif ord 'eriff
Board of Ada unty Com oners
By:
od Beck,Commissioner
By:
Ryan Davi n,Commissioner
By: -
Thomas Dayley, Conunissloner
ATTEST:
44,2
Trent Tripple, A ounty Clerk
BY HEATH RIBORDY,ASSISTANT DEPUTY CLERK
JOINT POWERS AGREEMENT BETWEEN THE ADA COUNTY SHERIFF'S OFFICE AND
THE CITY OF EAGLE RELATING TO LAW ENFORCEMENT SERVICES FY 2024 —
PAGE 11
EXHIBIT A
BUDGET
(1 page—attached)
JOINT POWERS AGREEMENT BETWEEN THE ADA COUNTY SHERIFF'S OFFICE AND
THE CITY OF EAGLE RELATING TO LAW ENFORCEMENT SERVICES FY 2024 —
EXHIBIT A
1
13 Z Z n T
n n 0 o o 0 o cn o o 'aco CD co cn < O m cn m < °
0 (D (D o 0 (D (D (D (D 7- S 0 N * r n 0 C (D 'C7 (D C '
o it is N (aD D N .. (fl ( ( N O 7. _1 (D to N - (D C n N
7 mm < m CD o 7 3 3.3. NN m 03 o m v 3 n) a n
cp O 0 C. �'co H .0 S (D N N 7 m N - •
A
C a) ... (D o co O (u (D m Q
0 (n a
w CD (3D N 0
n▪ N N v C (D o .°7. m
7 7 "• g CD tr — 7 > m , d
d v D . (� m CD 3 fu CM
-i 3 m o 3 3
..
C 0 (n N V1 n
all
3 7 m P�
o .. 0 O
T C a s C 03
NJ 01 o. ,0.f
m CD
a .. n
Cl) r+
WC
SU 3 (
to — O O Ni V A O W O — co 3 UO
n
0
O 1-
s o o N „ A co coo —‘ ....
D
EA EA EA EA EA EA EA EA EA EA c EA EA EA EA EA EA EA EA EA EA EA
N m
Tl X
f -< I
7 w A W Ni CO
Ni J Ni J A A Oo CO CD OD 7 Ni O▪ NJ O (7) 0_ CO W 7
C71 -, O W J (71 CO CO W CD tl1 O u1 CO (n A (A d D
N b W J J - J -CO (D -1 .1 U1 A 1O i i i W -co Ni Ni Ni
co 0) co Ni CD -ACT -, — _O N o CO N J N
U7 N — A O) J OD CO CO N V A. -1. CS! CO -, N C71
v► EA EA EA EA EA 69 EA EA EA EA 69 EA EA EA EA 69 EA EA 69 EA EA EA EA r'1
Irt
—I •Ctil
0
coar a
W N W A A W y T;
c) � 01 (71 (n —, n CA J N j _, .j (O (0
CO Ni A co A OD 0 O Ni Ni A Ni co (o ��
W 01 J -1 0 (Ti W C. 01 CO OD V A CA 0)
A Ni i i A -co A , (O , -1 Op C71 W W V i i J -CO N A A MI
Ni — O A N — — V 0 CO A Ni W J Ni J Ni
01 J 0 o Ni CO 01 J Ni W 01 co O)
EA EA EA EA EA EA EA EA EA EA EA 43 EA EA EA EA EA EA EA EA EA EA EA 69 N.
0
MI
O N6.
A N 'a CO A A A O 4O
N - -CO CO (71 -a —s CO J inW 00 Go _, Ni 7 t+
00 Ni A co co A CO CI N.) W A V N., Go O Ni co _,
CO (71 J O) o (71 0) 00 CD A CO -, J -1 (71 CO y
Co Ni , A J A CO i V 01 Ni Ni A i i J (71 Co C71 O T
✓ — 0 CO Ni — CO O — (b CO W A C� J 0
W 01 -4 00 N.) (D W J 0 (71 CT) Cn A W r)