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JPA - 2024 - FY 2025 Law Enforcement Services - 10/15/2024Docusign Envelope ID: 6E909EAF-BE12-4F62-8743-53278FA3F7D6 AGREEMENT NO. 30172 JOINT POWERS AGREEMENT BETWEEN THE ADA COUNTY SHERIFF'S OFFICE AND THE CITY OF EAGLE RELATING TO LAW ENFORCEMENT SERVICES FY 2025 THIS JOINT POWERS AGREEMENT ("Agreement") is made and entered into this 15th day of October , 2024, 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 Cil_ 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 2025 — PAGE 1 Docusign Envelope ID: 6E909EAF-BE12-4F62-8743-53278FA3F7D6 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. £ 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 2025 — 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 2025 — 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 $5,341,995.00 for the term of this Agreement. Said sum shall be paid in twelve (12) equal monthly installments of $445,166.25 due no later than the tenth day of each month. Payments shall commence October 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 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, ACSO will require a reasonable amount of time to hire and train the new JOINT POWERS AGREEMENT BETWEEN THE ADA COUNTY SHERIFF'S OFFICE AND THE CITY OF EAGLE RELATING TO LAW ENFORCEMENT SERVICES FY 2025 — PAGE 4 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 2025 — 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 2025 — 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, 2024, and unless otherwise terminated, shall continue in effect until September 30, 2025. 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 2025 — 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 2025 — 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 §§ 74-1.01 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 2025 — 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 2025 — PAGE 10 Docusign Envelope ID: 6E909EAF-BE12-4F62-8743-53278FA3F7D6 IN WITNESS WHEREOF, the parties have executed this Agreement. Alt EST: agie Ci ATTEST: , -- DocuSigned by: City of Eagle By: Brait`Pike, May �r•��� EAG,,jst_ -11: vY ,r"* Ada County Sheriffs Office By: Board of Ada County Commissioners DocuSigned by: By: �nsa?e... Rod Beck, Commissioner By: By: rW-4..4 10/16/2024 Trent Tripple, Ada County Clerk Absent 10/16/2024 Ryan Davidson, Commissioner — DocuSigned by: 10/15/2024 Thomas Dayley, Commissioner JOINT POWERS AGREEMENT BETWEEN THE ADA COUNTY SHERIFF'S OFFICE AND THE CITY OF EAGLE RELATING TO LAW ENFORCEMENT SERVICES FY 2025 — 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 2025 — EXHIBIT A FY25 City of Eagle Contract - 4% COLA POLICE CITY OF EAGLE Consolidated Contract City Budget Summary Personnel Special Event Overtime Equipment / Uniforms Operational Vehicles Support Property & Evidence Victim Services Unit Extra Operational Items Requested FY 24 Final I Base $ 4,288,873 $ 4,503,674 125,511 $ 101,831 $ 337,544 $ 21,735 $ - $ $ - $ 132,999 113,689 380,698 25,200 10,395 Total Expenses before credit Less Shared Services Credit New FY25 Contract Amount $ 4,875,494 $ $ (341,284) $ $ 4,534,210 $ 5,166,655 (360,938) 4,805,717 Prior year contract amount Net change to contract for FY25 $ 4,534,210 $ 271,507 I2 Sgts. + 1 STEP Option 1 5,033,117 147,350 115,104 412,133 25,200 10,395 $ 5,743,298 $ (401,303) $ 5,341,995 $ 4,534,210 $ 807,785 Personnel Costs Positions Base Opt 1 Opt 2 Opt 3 Cost with Benefits Total Cost Chief II Chief I Sergeant Det. Sergeant Detective Deputy Code Enforcement Community Service Officer Clerk (FT) Clerk (PT) 1 1 1 1 $ 200,952 0 0 0 0 $ 191,062 2 4 4 4 $ 188,146 1 1 2 2 $ 187,511 4 4 4 4 $ 150,798 19 20 21 23 $ 153,152 2 2 2 2 $ 76,206 0 0 0 0 $ 76,207 1 1 1 1 $ 73,430 0 0 0 0 $ 26,224 $ 200,952 $ $ 376,291 $ 187,511 $ 603,190 $ 2,909,886 $ 152,412 $ $ 73,430 $ Personnel Subtotal 30 33 35 37 $ 4,503,674 Opt 1 200,952 752,582 187,511 603,190 3,063,038 152,412 73,430 $ 5,033,117