LAW ENFORCEMENT AGREEMENT

DRAFT 10/10/2015

THIS AGREEMENT, entered into this ____ day of ____________, 2015, by and

between JEFFERSON COUNTY, a political subdivision of the State of Idaho, (the County)
and the CITY OF RIGBY, a municipal corporation of the State of Idaho located within
Jefferson County (the City).
WITNESSETH
RECITALS:
WHEREAS, the City has a duty under Idaho Statutes to enforce State laws, including
those violations of which constitute a public offense within the City and the enforcement of City
ordinances; and
WHEREAS, the County Sheriff has the authority under Idaho statutes to enforce state
laws, including those the violation which constitute a public offense, in all areas of the County,
including within the city limits of the City of Rigby; and
WHEREAS, the City has the right to contract for an increased level of law enforcement
within the City; and
WHEREAS, the City desires to have the county assume exclusive responsibility for the
enforcement of all applicable law including State statutes, or City ordinances as applicable; and
WHEREAS, the City has that the County can provide law enforcement within the City at
a more cost effective rate; and
WHEREAS, the County can attract and retain adequate and competent personnel for
police protection and can more efficiently operated the County Sheriffs office and utilize the
time of the personnel by assuming the law enforcement duties of the City of Rigby; and
WHEREAS, the parties have deemed it to be to the mutual interest of the County and
City to have the County assume the law enforcement duties and the police protection for the City
of Rigby;
NOW, THEREFORE, it is hereby agreed by and between the parties as follows:
AGREEMENT:
1.

Police Protection. The County shall assume the exclusive responsibility for the

protection and law enforcement of the City of Rigby; together with its responsibilities in other
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Law Enforcement Agreement

areas of Jefferson County and with concurrent jurisdiction within the City with the Idaho State

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Police. The County agrees to enforce ordinances of the City as directed by the Mayor or other
designated official of the City including enforcement of infractions, misdemeanor, parking
ordinances and parking regulations, etc. The County shall further respond to all emergency calls
including but not limited to all medical emergency calls.
2.

Equipment. As part of the consideration for this agreement, the City will transfer

four (4) currently City owned police vehicles and one (1) additional vehicle to the County and the
same shall become property of the County. Unless otherwise noted in this agreement, Jefferson
County shall furnish at its own expense all automotive vehicles and all law enforcement and
police equipment, supplies, and material necessary to provide adequate police protection and
enforcement for the City.
At the time this Law Enforcement Agreement ends or is otherwise cancelled, the County
shall transfer to the City, five vehicles of equal quality to those five vehicles noted above. (ie: If
two vehicles are transferred by the City to the County are two model years old and have 45,000
miles, one vehicle is three model years old and has 60,000 miles, one vehicle is four model years
old and has 80,000 miles, and one vehicle is 5 years old and has 100,000 miles, then at
termination of this agreement, the County shall transfer back to the City two vehicles which are
two model years old and have approximately 45,000 miles, one vehicle which is three model
years old and has approximately 60,000 miles, one vehicle which is four model years old and has
approximately 80,000 miles, and one vehicle which is 5 years model years old and has
approximately 100,000 miles) The intent of this paragraph is to place the City in essentially the
same status that it was in at the time this contract is entered into and taking into account the
current and future equipment contributions.
3.

Services. Jefferson County shall include for the consideration herein recited, the

jail costs of any confinement of defendant and prisoner who is sentenced to jail for the violations
of City ordinances or what are violations of the law occurring within the City jurisdiction. It is
hereby acknowledged by the parties that all dispatching services shall be the sole responsibility of
the County.
The County shall provide a contract supervisor whose attendance at City department
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Law Enforcement Agreement

meetings will be at the sole discretion of the Mayor of the City but are expected to be weekly.

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Further, an officer of the County shall attend all City Council meetings to maintain security,
order and dignity of the meeting.
4.

Office Space and Utilities. The County will provide all office space, utilities,

computers and materials necessary for the proper and efficient police protection for the City.
5.

Term. This agreement shall take effect the _____ day of _________________,

2015, and shall continue in force and effect through and including the 30th day of September,
2016. Should any year be less than twelve (12) calendar months, the costs related hereto shall be
prorated.
6.

Personnel. The County shall furnish the following certified law enforcement

officers for work in the City under the direction of the Jefferson County Sheriff: 4 patrol
deputies, detectives for the police and law enforcement work as needed; 1 supervisor of the
patrol deputies and such other staff to complement the above named individuals including but
not limited to secretarial and support staff.1 One patrol officer shall be present and on patrol at
all times within the City limits.
7.

Records and Reporting. The County shall furnish the City with a written

summary of its activities incurred hereunder for each month, which said summary shall be
submitted on or before the third Monday of the following month. At the request of the Mayor of
Rigby, personnel from the Sheriffs Office shall report in person to the City of Rigby, City
Council, which shall be scheduled at 7:00 oclock p.m., and which unless otherwise notified will
be on the first and third Thursday of each month at the City of Rigby Council Chambers. The
reports shall be made upon the activities of the Jefferson County Sheriffs Office concerning the
City of Rigby for the previous reporting period and to respond to any inquiries, comments or
suggestions of the City Council. The Deputy appearing shall be heard as promptly as possible at
the time of his/her attendance and shall not be delayed or spend extra time.

In the event, City determines that one additional patrol officer is needed for Detective/
Patrol services, County agrees to provide same and the cost of said service shall be charged to
City on a annual pro rata basis. Cost of the same shall be based on cost of one additional officer
($____________) plus 20% ($4,200.00) of the fuel, equipment, uniform and training cost.
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Law Enforcement Agreement

8.

Compensation. The City shall pay to the County as compensation for the services

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to be herein rendered for the term as stated, the sum of $_____________ allocated as follows:
Base Salary (1 officer)

Taxes (1 officer)

PERSI (1 officer)

Workers Compensation

(1 officer)
Unemployment (1 officer)

Medical
(1 officer)

Dental (1 officer)

Life Insurance (1 officer)

$________

Total cost of 1 officer

Subtotal for 5 officers

Dispatch

$ 40,000.00

Fuel

$ 5,000.00

Equipment

$ 9,000.00

Command Staff

Fat Pot Electronic Ticketing Program

$ 4,000.00

Uniforms

$ 4,000.00

Training

$ 3,000.00

One Time Fee: Transition of uniforms, vests, etc.

$ 8,500.00

One Time Fee: Transition of vehicles, decals, etc.

$ 2,500.00

TOTAL

The amount herein ($_____________) set forth shall be paid by the City to the County in

Should any of the line item costs such as Fuel, Equipment, Fat Pot Electronic Ticketing
Program, Uniforms, or Training, not be expended/spent in full by the County in any contract
year, County shall credit City the unused portion thereof to the next year Law Enforcement
Agreement if said agreement is renewed by the City.
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Law Enforcement Agreement

equal monthly payments.3

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Further, the County agrees to pay all (100%) traffic and criminal fine revenue paid to the

City by any Court of Law to the City as determined from official records of the Court(s),
invoiced quarterly by the Sheriffs Office and paid quarterly to the City.
Collection of any parking ticket fees or water fees (turn off or turn on) and any fines
associated therewith shall remain the sole property of the City.
Any overtime incurred by County, during the implementation of this agreement (i.e.:
recruitment of officers and the need for other officers to cover shifts), not to exceed a period of
45 days, shall be paid by the City of Rigby.
9.

Renewal and Extension. This agreement may be renewed or extended for

additional periods of time by written endorsement hereon or by letter with reference to this
agreement extending or renewing the contract for an additional term. Should there be any desire
to discontinue or change the terms hereof in this matter, the party so desiring shall give notice to
the other on or before May 1st on the year then current and such changes shall be endorsed or by
written modification made a part of this contact. In the event of any renewal or extension hereto,
the parties shall jointly agree upon and modify, if necessary, the compensation amounts as set
forth in paragraph 8, which said amount shall not increase by more than five percent (5%) over
the preceding term/contract year. Further, County shall credit City any unused line items costs as
referenced and outlined in footnote 2. Notification of any increase shall be delivered to the
Mayor and City Council on or before March 1st to allow the Mayor and City Council to make the
necessary budget determinations and other determinations prior to May 1st.
10.

Fines and Forfeitures and E-Ticketing System. All citations, complaints and

prosecutions for non-felony crimes or violations shall be pursuant to the statutes of the State of
Idaho, or the ordinances of the City of Rigby, and shall be processed in the Magistrate Court of

The parties acknowledge that the County shall be entitled to charge City the actual costs
for special events occurring within the City limits, including such events as parades, rodeos,
stampedes, car shows, etc. The total cost of such special events, in total for any annual term of
this Law Enforcement Agreement, shall not exceed 5% of the Subtotal for 5 officers as
referenced in paragraph 8 above. (ie: the total shall be the actual cost of events not to exceed
$______________ in any annual term of this Law Enforcement Agreement)
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Law Enforcement Agreement

Jefferson County, and all fines and penalties recovered under the provisions of any City

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Ordinances shall be paid to the City Treasury pursuant to the provisions of Section 50-1015,
Idaho Code. The City of Rigby shall report all receipts of fines and penalties received to the
Sheriffs Office.
The County shall further use the E-ticketing program (Fat Pot Electronic Ticketing
Program) currently in use by the City of Rigby or an equivalent program.
11.

Independent Contractor. The County shall perform this agreement and the

responsibilities enumerated hereunder as an independent contract; and the County, the Sheriffs
Office, and the law enforcement officers shall not be considered agents or employees of the City
of Rigby. All officers and staff shall be under the control and discretion of the Jefferson County
Sheriff.
12.

Indemnification. The County agrees to indemnify and hold harmless the City

against any and all liability for injury, including loss of life, to any person and for damage to, or
loss of, the property of any person arising from any act or omission on the part of the County, its
officials, Sheriff, or other law enforcement personnel in connection with providing police
protection and law enforcement within the City. County shall further maintain a liability policy
protecting and indemnifying the City for all such liabilities with the limits being consistent with
the extent of liability under the Idaho Tort Claims Act and any statutory liability limits.
IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed,
through duly enacted resolution of the governing bodies of both parties, the day and the year first
above written.
JEFFERSON COUNTY

________________________________
By: Jerald Raymond, Chairman
Board of Commissioners

By: _________________________________
Steve Anderson,
Sheriff
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Law Enforcement Agreement

ATTEST:

DRAFT 10/10/2015
__________________________________
Jefferson County Clerk

CITY OF RIGBY

By:______________________________________
Mayor Jason Richardson
ATTEST:

__________________________________
Rigby City Clerk

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Law Enforcement Agreement