FORM 201

AGREEMENT TO PROVIDE

LAW ENFORCEMENT PROTECTION

(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 herein, and

WHEREAS, this Agreement is authorized and provided for by the provisions of Idaho Code Sections 31-604, 50-301, and 67-2332.

NOW, THEREFORE, the parties hereto agree as follows:

1.    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:

a.      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. 

b.      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.

c.      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.

d.    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, and forfeitures.

2.            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.

3.            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.

4.            INSURANCE:  LAW 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.

5.            ADMINISTRATION:  Each 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. 

6.            COMPENSATION:  As 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. 

7.    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.            

8.    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.

  DATED this _______ day of _______________, 20____.

Form and content approved by __________________ as attorney for _______________ (Governmental Entity).