This agreement is entered into between the Ohio County Commission, on behalf of the Ohio County Sheriff’s Office, hereinafter referred to as "OCC/OCSO," and the Supplemental Law Enforcement Contractee, hereinafter referred to as "Contractee".
The OCC may respond to requests for supplemental law enforcement services to the extent permitted by existing resources and in accordance with their existing policies and the terms of this agreement. Requests for services that exceed the OCC’s capabilities or are outside the provisions of this agreement may be referred to other agencies. The primary intent of the OCC is to provide supplementary law enforcement services within the community as approved by the OCC.
In receipt of the mutual covenants and agreements herein contained, the parties agree as follows:
The OCC shall provide law enforcement personnel and other resources, as deemed necessary, in a law enforcement role as agreed to herein by the Contractee. Full-Time sworn Deputy sheriffs will be utilized in this role and shall be provided for the purposes of law enforcement services only. The Contractee may request specific deputy sheriffs to work, however the OCC shall have exclusive authority to make all personnel decisions pertaining to the employment of deputy sheriffs retained to fill the position(s) described in this paragraph. The OCC must approve all requests for supplement law enforcement services. Reasons for prohibiting supplemental law enforcement requests include, but are not limited to, work outside the jurisdiction of Ohio County and work that may compromise the OCC and the OCSO.
The Contractee shall pay the OCC for services as outlined in "Addendum A". The OCC shall have sole responsibility for the payment of salary, benefits, and other compensation to deputy sheriffs it employs in this capacity. Payment shall be made as follows: the OCC shall forward an itemized invoice to the Contractee as indicated in "Addendum B - Preplanned" for the services and the Contractee shall pay the OCC for the services as outlined in the invoice within ten (10) working days after receipt of the invoice. No deputy sheriff is permitted to accept gratuities of any kind. The OCC shall keep detailed records regarding dates, times, locations, and names of deputy sheriffs providing service for the Contractee. These records shall be made available to the Contractee upon request.
Deputy sheriffs are considered as “on duty” for the Ohio County Sheriff’s Office while also providing supplemental law enforcement services. Deputies Sheriffs are deemed to be acting within the course and scope of their official duties while providing supplemental law enforcement services within Ohio County. The duties performed are set forth as authorized and approved within the rules and regulations, policies, and procedures of the Ohio County Sheriff’s Office and as provided by Law.
The Deputies sheriffs are at all times subject to the policies of the OCC, OCSO, the Laws and Constitution of the State of West Virginia and that of the United States, as well as the rules and regulations governing deputy sheriffs of the OCSO. The Contractee has no authority over law enforcement personnel and is restricted to providing only a general assignment of duties to be performed by deputy sheriffs. Those assignments never supersede OCSO policy or procedure. Deputy sheriffs remain under the exclusive control of the OCSO and are accountable for strict adherence to its rules and regulations. Any conflicting rules of the Contractee will be disregarded. The deputy sheriff shall refuse to perform any duties deemed to be in conflict with the guidelines of the OCSO. Deputies may be called from Supplemental Law Enforcement duties at any time based upon the emergency needs of the OCSO.
Deputy Sheriffs will arrive in OCSO vehicles and will park in a conspicuous location. Any approved request requiring the use of a cruiser during the Supplemental Law Enforcement duties will be billed for the use of the cruiser. These charges will be listed in "Addendum A".
Indemnification - The Sheriff of Ohio County and the Ohio County Commission assume full responsibility for all actions of the Deputy Sheriffs. The OCC shall indemnify the Contractee against, and hold the Contractee harmless from any liability costs, damages, claims, or causes of action which may arise as a result of actions taken by a deputy sheriff.; provided, however, that the Contractee shall indemnify and defend the OCC and the OCSO, its Deputy Sheriffs, officials and employees from any liability costs including attorney fees, damages, claims, or causes of action; for negligent acts of the Contractee, or any of its officers, employees, or agents.
The Contractee shall present proof of general liability insurance coverage under a general liability insurance policy or bond listing the OCC and OCSO as additional insureds, and present said proof to the Ohio County Commission office upon execution of this contract.
If a deputy sheriff works additional time beyond that which the Contractee had originally requested, at the request of the Contractee, the Contractee will pay to the OCC for the number of hours actually worked. The additional hours must be mutually agreed upon between the Contractee and the Deputy Sheriff.
The Contractee will be responsible for a deputy sheriff’s time transporting arrests made during the assignment, but not the time spent completing documentation on the arrest.
Cancellations must be made a minimum of four and one-half (4.5) hours before the assignment begins. If a cancellation is received less than four and one-half (4.5) hours prior to the assignment, the Contractee will be responsible for a minimum of four (4) hours per scheduled deputy sheriff. Cancellations should be made to the On-Duty Supervisor at 304-280-1296 or OCSO Dispatch at 304-234-3607.