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AGREEMENT FOR POLICE SERVICES THIS AGREEMENT is made by and between the CITY OF MOSCOW, a municipal corporation of the State of Idaho (the "CITY"), and THE REGENTS OF THE UNIVERSITY OF IDAHO, a public corporation, state educational institution and body politic and corporate organized and existing under the Constitution and laws of the State of Idaho (the "UNIVERSITY"). WITNESSETH the following recitals of agreement: WHEREAS, the UNIVERSITY requires police services and law enforcement; and WHEREAS, the UNIVERSiTY and the CiTY recognize the mutual benefit of cooperating and pooling resources and capabilities; and WHEREAS, the CITY agrees to provide for a consideration, police and law enforcement services to the UNIVERSITY within the corporate CITY limits through the Moscow Police Department; NOW THEREFORE, the parties agree as follows: 1. NO REPEAL OF POLICE AUTHORITY. This Agreement is not intended and is not to be construed in any way to void, limit, or restrict the authority vested in the Moscow Police Department regarding police services and general law enforcement 2 NO REPEAL OF REGENTS' AUTHORITY. This Agreement is not intended and is not to be construed in any way to limit the authority vested in The Regents of the University of Idaho, by the Idaho Constitution and by the Idaho Code, to exercise general supervision of the University of Idaho. 3. SERVICES A. The Moscow Police Department shall provide general police and law enforcement services for the UNIVERSITY within the corporate CITY limits, to include enforcement of applicable laws, statutes, ordinances and regulations, as well as crime prevention and criminal investigation activities comparable with services provided in other areas of the City. B. The Moscow Chief of Police, through the University Division Commander, and the University of Idaho Director of Administrative Affairs shall cooperatively develop and administer an overall UNIVERSITY security plan. C. The UNIVERSITY shall remain responsible for operation of nightwatch and parking services. The Moscow Police Department and the UNIVERSITY night watch and parking services shall cooperate fully with each other. AGREEMENT FOR POLICE SERVICES Page 1 of 8 96-50 ---PAGE BREAK--- UNIVERSITY parking services personnel shall enforce University of Idaho parking regulations where applicable. The Moscow Police Department shall enforce City parking regulations where applicable. UNIVERSITY nightwatch personnel will primarily patrol within UNIVERSITY buildings. Cooperation, exchange of information and mutual support is intended between police officers, the Moscow Police Department dispatch center and night watch personnel. Nightwatch personnel shall have radio communication with police and Moscow Police Department dispatchers. Training of UNIVERSITY nightwatch personnel in radio protocols will be provided by Moscow Police Department and nightwatch staff will observe standard Moscow Police Department radio protocols. D. The CITY shall provide police dispatching services at police headquarters. Dispatchers will provide callout services for UNIVERSITY personnel to respond to emergencies involving the UNIVERSITY or emergencies involving students, pursuant to information provided by the UNIVERSITY. The UNIVERSITY will provide training and current callout information to dispatchers. 4. SUBSTATION FACILITY. The UNIVERSITY shall provide a Police Substation facility (hereinafter "University Substation"). The University Substation shall serve as office space for officers assigned to the University Division and other officers as deemed appropriate but shall be used only for such purposes as will enhance UNIVERSITY safety and security. 5. PERSONNEL. A. Police services to the UNIVERSITY will be provided by regular commissioned police officers of the Moscow Police Department and may be supplemented by Moscow police reserve officers. Services will be provided twenty-four (24) hours a day. B. The UNIVERSITY encourages use of the Community Policing concept with officers assigned to foot patrols, bicycle patrols or related duties which bring them into personal contact with students. C. The University Division Commander shall maintain an office at the University Substation during regular business hours. The University Division Commander will act as the main contact person for the Moscow Police Department with the various UNIVERSITY faculty, staff, and students. The University Division Commander may be assisted by the Community policing officers assigned to the UNIVERSITY. D. It is the intent of the parties that at least one Moscow Police patrol officer, in addition to the University Division Commander and community policing officer(s) shall be providing services to the UNIVERSITY under this Agreement at all times. AGREEMENT FOR POLICE SERVICES Page 2 of 8 ---PAGE BREAK--- E. All police personnel shall be employees of the City of Moscow. Police officers, dispatchers and administrative personnel are not employees of the UNIVERSITY. F. Police officers, dispatchers and administrative personnel shall have access to the educational privilege as specified in Faculty-Staff Handbook 4842 and shall have access to UNIVERSITY recreational facilities on the same basis as UNIVERSITY employees. 6. AUTHORITY. Moscow Police Department personnel serve under the direction of the Chief of Police of the Moscow Police Department. The Moscow Police Department Department Orders Manual - shall be the standard operating manual for Moscow police personnel. A current copy of this manual shall be provided to the office of the UNIVERSITY's Vice President for Finance and Administration. 7. SELECTION OF UNIVERSITY DIVISION COMMANDER The Chief of Police shall assign a University Division Commander, which assignment shall be made in consultation with the UNIVERSITY. 8. EVALUATION OF OFFICERS ASSIGNED TO UNIVERSITY. If any officer appears, in the judgment of the UNIVERSITY, not to be suited to perform services for the UNIVERSITY under this Agreement, the UNIVERSITY shall inform the Moscow Police Chief, together with the reasons for such determination. The Moscow Police Chief shall evaluate such information in conformance with current policies of the Moscow Police Department. 9. SCHEDULING AND DUTY ASSIGNMENTS. The Chief of Police, with advice from the University Division Commander or designee, shall schedule and assign duties to police officers as necessary to maintain appropriate service to the UNIVERSITY. Special situations with unique security requirements may be identified and additional officers assigned as needed. 10. OFFICER PROFICIENCY. Proficiency standards shall be comparable throughout the entire Moscow Police Department. 11. INVESTIGATION AUTHORITY. The Moscow Police Department shall investigate criminal offenses. The UNIVERSITY shall not investigate matters which involve criminal offenses. Non-criminal matters involving academic affairs and the Student Code of Conduct shall be solely the province of the UNIVERSITY. The foregoing notwithstanding, the parties recognize that some situations may involve both criminal activity and violations of UNIVERSITY academic or other policies, or of the Student Code of Conduct. In such situations, each party will investigate and take appropriate action under its separate authority. AGREEMENT FOR POLICE SERVICES Page 3 of 8 ---PAGE BREAK--- 12. HOLD HARMLESS AND INSURANCE. A. The CITY shall hold harmless the UNIVERSITY from all losses, claims, actions, judgments for damages, or injury to persons or property and losses and expenses caused or incurred by the CITY, its servants, agents, employees, guests and business invitees arising from the performance of this Agreement, and not caused by the willful or tortious conduct of the UNIVERSITY or its employees. B. The CITY'S limit of liability and the CITY'S indemnification pursuant to this Agreement with respect to claims covered by the Idaho Tort Claims Act shall be $500,000 Combined Single Limits. C. The CITY will notify the UNIVERSITY of any such claim of which it has knowledge, and will cooperate fully with the UNIVERSITY or its representatives in the defense of the same. D. The UNIVERSITY shall hold harmless the CITY from all losses, claims, actions, judgments for damages or injury to persons or property and losses and expenses caused or incurred by the UNIVERSITY, its servants, agents, employees, guests and business invitees arising from the performance of this Agreement, and not caused by the willful or tortious conduct of the CITY or its employees. E. The UNIVERSITY's liability coverage is provided through a self-funded liability program administered by the Idaho Bureau of Risk Management. Limits of liability, and of the UNIVERSITY's indemnification under this Agreement with respect to claims covered by the Idaho Tort Claims Act, are $500,000 Combined Single Limits, which amount is the UNIVERSITY's limit of liability under the Idaho Tort Claims Act. F. The UNIVERSITY shall notify the CITY of any such claim of which it has knowledge, and shall cooperate fully with the CITY or its representatives in the defense of the same. 13. COSTS. A The City of Moscow shall be responsible for all personnel, uniform, and equipment costs and insurance for false arrest for officers serving pursuant to this Agreement. B. The UNIVERSITY shall reimburse the CITY for personnel and equipment costs for the services of the University Division Commander, the community policing officers and the number of regular patrol officers mutually agreed to by the CITY and the UNIVERSITY. AGREEMENT FOR POLICE SERVICES Page 4 of 8 ---PAGE BREAK--- C. The CITY and the UNIVERSITY shall develop an annual operating budget for fiscal year prior to the beginning of each fiscal year. The operating budget shall coordinate with the fiscal year utilized by the CITY. D. The CITY shall provide the UNIVERSITY a detailed invoice for actual operating expenses, and for one-twelfth of the annual vehicle replacement expense budget. The invoice shall include, but shall not be limited to: Salaries and fringe benefits for the equivalent of eight officers and one University Division Commander. Overtime. Annual uniform and equipment allowance for eight officers plus one University Division Commander. Police activity supplies. Expenses for operating, maintaining, and repairing two police vehicles and one unmarked vehicle used by officers providing law enforcement services to the UNIVERSITY under this Agreement. Vehicle replacement costs for two marked police vehicles, and one unmarked car, based on the replacement cycle that is used for all police vehicles used by the Moscow Police Department. Expenses for officer proficiency training. False arrest insurance Other operational expenses agreed upon by the parties and included in the budget. E. The CITY shall provide dispatching services, including Enhanced 911 service, monitoring of electronic surveillance and alarm systems and limited emergency notification of personnel to the UNIVERSITY for an annual cost of $15,000; the cost may be renegotiated annually concurrent with negotiations for costs of the police services contract. The UNIVERSITY shall maintain the location data base for Enhanced 911 service to UNIVERSITY facilities. This fee shall be in lieu of any fee for Enhanced 911 service billed through the local telephone serv·Jce provider or other fees under this Agreement. F. The CITY shali continue to own or control as well as insure all police vehicles, equipment and uniforms. G. The University Substation and the main Moscow Police Department Station shall be considered a common site location for purposes of networking, site licenses and sharing of communications and information systems. AGREEMENT FOR POLICE SERVICES Page 5 of 8 ---PAGE BREAK--- 14. TRAFFIC CONTROL SIGNS. A. The UNIVERSITY shall install and maintain traffic control devices on designated streets in accordance with the Manual on Uniform Traffic Control Devices and applicable state and local laws. Regulatory traffic devices on public street rights-of-way shall be approved by the Moscow City Engineer before being posted by the UNIVERSITY. Upon approval, the UNIVERSITY shall install such regulatory signs. The UNIVERSITY shall correct any inadequate or improper signage or marking at the direction of the City Engineer. B. The UNIVERSITY shall be solely responsible for installing and maintaining all regulatory and informational signs within parking lots or upon other property owned by the UNIVERSITY. 15. ADDITIONAL POLICE SERVICES. Subject to availability of personnel, the City shall provide additional police officers for special events as requested by the UNIVERSITY. Requests for additional officers will be arranged through the University Division Commander or his/her designee. The UNIVERSITY agrees to pay the CITY at a rate of $25.00 per hour for each officer requested by the UNIVERSITY, the hourly rate to be renegotiated annually. Expenses incurred by the Moscow Police Department for this service shall be separately billed after each event or series of events. 16. NOTICE. A. Notice to the UNIVERSITY shall be provided to: Carol Grupp Director of Administrative Affairs Administration Annex 201 University of Idaho Moscow, Idaho 83844-3149 B. Notice to the CITY shall be provided to: Gary Riedner City Supervisor City Hall Moscow, Idaho 83843 17. TERM OF AGREEMENT. This Agreement shall remain in effect until it is terminated as provided in Section 19, it is changed by mutual agreement of the parties, or for five years from the date of the last signature affixed hereto. If this Agreement is not terminated prior to the expiration of the five year term, it shall, after the expiration of that term, continue in effect from year-to-year on the same terms and conditions as AGREEMENT FOR POLICE SERVICES Page 6 of 8 ---PAGE BREAK--- exist at the expiration of the term. The operating budget referred to in Sections 138, 13C and 13E shall be negotiated by the parties each UNIVERSITY fiscal year. 18. EQUAL OPPORTUNITY. CITY agrees not to discriminate against any employee or applicant for employment in the performance of this Agreement, with respect to terms, conditions or privilege of employment, or any matter directly or indirectly related to employment, because of race, gender, color, religion, national origin, sexual orientation, or ancestry. Breach of this covenant may be regarded as a material breach of this Agreement. 19. NOTICE OF TERMINATION. This Agreement may be terminated as follows: A. Either party desiring to terminate this Agreement may serve written notice upon the other party to this Agreement of its intention to terminate this Agreement. Such notice shall be served not less than one year prior to the termination date set forth in the written notice. The written notice shall automatically terminate this Agreement on the date specified therein unless rescinded prior thereto in writing. 8. Termination of the relationship effected by this Agreement shall not preclude future agreements for assistance between the parties. C. If this contract becomes void for any reason, any moneys not yet earned shall be refunded to the UNIVERSITY. Any unpaid money owed by the UNIVERSITY to the CITY, and earned, shall be paid to the CITY. 20. APPROPRIATIONS CLAUSE The UNIVERSITY'S obligations and liabilities hereunder are subject to the appropriation of funds from the state of Idaho, which appropriation shall be in the state of Idaho's sole discretion, from revenues legally available to the UNIVERSITY for the ensuing fiscal year for the purposes of this Agreement. If the state of Idaho does not appropriate funds for the purpose of this Agreement, the Agreement shall terminate and neither party shall have any further obligations hereunder. AGREEMENT FOR POLICE SERVICES Page 7 of 8 ---PAGE BREAK--- The CITY, by and through its Mayor, and the UNIVERSITY, by and through the Vice President for Finance and Administration.jlJ'te duly exejl1tE!<:f,!his Agreement in duplicate ong1nals to be effec!ive on the day of , 1996" THE CITY OF MOSCOW Mayor Date Elaine Russell;' City Clerk THE REGENTS OF THE UNIVERSITY OF IDAHO 'oate Approved by The Regents of the University of Idaho on AGREEMENT FOR POLICE SERVICES Page 8 of 8