W. Va. Code R. § 99-5-4

Current through Register Vol. XLI, No. 50, December 13, 2024
Section 99-5-4 - Contract Guidelines
4.1. If the Director grants approval to a requesting entity, pursuant to section three of this rule, the Director shall enter into a contract specifying all contracted extraordinary police or security services.
4.2. All contracts shall contain provisions that the requesting entity agrees to hold harmless and indemnify the State of West Virginia, the Division of Protective Services, and its employees and members from any liability arising from the contracted police or security services.
4.3. The total cost of the services and the number of hours contracted shall not exceed those outlined in the contract unless new terms are subsequently agreed to, in writing, by both parties.
4.4. The Director shall negotiate compensation rates for extraordinary police or security services on a man-hour basis and may also negotiate compensation for equipment and other additional division expenditures or costs.
4.5. The requesting entity shall pay for the contracted extraordinary police or security servicesby check, made payable to the West Virginia Division of Protective Services, within five (5) days of receipt of an itemized invoice.
4.6. West Virginia Division of Protective Services personnel shall make all law enforcement decisions encountered by members during extraordinary police or security services and the requesting entity shall not dictate or influence the decisions.
4.7. In the event that division members who are assigned to extraordinary police or security services are required to return to official duty in response to a public disaster or other emergency, neither the West Virginia Division of Protective Services nor any of its officers or members are liable for any damages incurred as a result of the reassignment.

W. Va. Code R. § 99-5-4