(Non-Mutual Aid Agreement)
AGREEMENT, made between
___________________________ (Governmental Entity) hereinafter referred to as the
"LAW ENFORCEMENT" AND _____________________ (Governmental Entity)
hereinafter referred to as the "MUNICIPALITY."
W I T N E S S E T H :
WHEREAS, MUNICIPALITY desires enter
into a contract with LAW ENFORCEMENT for the performance of law enforcement
protection within the corporate limits of said MUNICIPALITY, and
WHEREAS, LAW ENFORCEMENT agrees to
render such services and protection under the terms and conditions set forth
WHEREAS, this Agreement is authorized
and provided for by the provisions of Idaho Code Sections 31-604, 50-301,
NOW, THEREFORE, the parties hereto
agree as follows:
LAW ENFORCEMENT PROTECTION: LAW
ENFORCEMENT agrees to employ, furnish, and supply all necessary personnel
together with their equipment, supplies and supervision, vehicles and equipment
with maintenance, jail and communication facilities, records and record keeping,
and such other items as are reasonably necessary to provide law enforcement
protection within the corporate limits of the MUNICIPALITY, hereinafter referred
to as the "protected area" under the following terms and conditions:
LAW ENFORCEMENT will provide protection services for the protected area
twenty-four (24) hours each day. This
protection shall include at least _____ LAW ENFORCEMENT patrols every _____
hours during the daytime hours and _____ LAW ENFORCEMENT patrols every _____
hours during the nighttime hours. In
addition, LAW ENFORCEMENT officers shall be on call to all portions of the
protected area at all times. The
level of service shall be at least the same basic level of service provided to
the governing area of LAW ENFORCEMENT.
The personnel used by LAW ENFORCEMENT to perform the law enforcement
protection shall remain under the jurisdiction and control of LAW ENFORCEMENT
while rendering the services and LAW ENFORCEMENT shall maintain the standard of
performance of such personnel.
The scope of the law enforcement protection shall be to enforce all of
the state laws and municipal ordinances and to preserve the peace within the
protected area; provided the enforcement of dog ordinances will be limited to
the issuance of citations only.
All arrests made, or citations issued for misdemeanors or infractions
that occur within the protected area shall be deemed MUNICIPALITY arrests and
citations for the purpose of prosecution and distribution of penalties, fines,
EMPLOYEES OF LAW ENFORCEMENT:
It is agreed that all employees of LAW ENFORCEMENT shall remain employees
of LAW ENFORCEMENT for all purposes, including the payment of wages and benefits
and the coverage of insurance, including worker's compensation.
It is agreed that the MUNICIPALITY shall not be liable for compensation
or indemnity to any of the employees of LAW ENFORCEMENT for injuries or sickness
arising out of the performance of LAW ENFORCEMENT protection of the protected
area, and LAW ENFORCEMENT hereby agrees to indemnify and hold harmless
MUNICIPALITY from any liability of such a claim.
GENERAL LIABILITY: The
MUNICIPALITY agrees to hold harmless and indemnify LAW ENFORCEMENT from any and
all liability, loss, damage or claims, excluding that arising from gross
negligence or intentional acts of LAW ENFORCEMENT employees, that LAW
ENFORCEMENT may suffer arising out of or in connection with LAW ENFORCEMENT
services, rendered under this Agreement.
ENFORCEMENT agrees to obtain and keep in force during its acts under this
Agreement a comprehensive general liability insurance policy in the minimum
amount of $_______________, which shall name and protect LAW ENFORCEMENT, all
LAW ENFORCEMENT's employees, MUNICIPALITY, and its officers, agents and
employees, from and against any and all claims, losses, actions, and judgments
for damages or injury to persons or property arising out of or in connection
with the LAW ENFORCEMENT's acts. LAW
ENFORCEMENT shall provide proof of liability coverage as set forth above to
MUNICIPALITY prior to commencing its performance as herein provided.
of the parties have designated an employee to be its administrator of this
Agreement for the purpose of coordinating the efforts of employees of the
MUNICIPALITY and the employees of LAW ENFORCEMENT in requesting and performing
the law enforcement protection. The
MUNICIPALITY designates ____________________, as its administrator and LAW
ENFORCEMENT designates _________________________, as its administrator. All communications between the parties with regard to this
Agreement and the providing of law enforcement protection shall be made between
these parties or their designee. The
administrator of the MUNICIPALITY shall have the right to attend the
governmental and organizational meetings of LAW ENFORCEMENT, and the
administrator of LAW ENFORCEMENT shall have the right to attend the governmental
and organizational meetings of the MUNICIPALITY.
Each party agrees to provide full cooperation and assistance to the
other, so as to facilitate the performance of this Agreement.
compensation for the law enforcement protection provided by LAW ENFORCEMENT, the
MUNICIPALITY hereby agrees to pay to LAW ENFORCEMENT the sum of $___________ per
______________, payable $___________ per ___________________.
The amount of this compensation may be modified or amended only by an
agreement in writing.
TERM OF AGREEMENT: This
Agreement shall be effective commencing on the _____ day of _______________,
20____ and continue in full force and effect through the _____ day of
_______________, 20____. The term
of this Agreement may be extended by the parties by agreement in writing.
RECITALS: The above
and foregoing recitals shall be considered a part of this Agreement for all
purposes and interpretations.
IN WITNESS WHEREOF, the parties have
adopted this Agreement by its governing bodies and this Agreement has been
signed and attested by the authorized officials of each party.
this _______ day of _______________, 20____.
(County, City or other Governmental
City or other Governmental Entity)
and content approved by __________________ as attorney for _______________ (Governmental