HomeMy Public PortalAbout1995.06.29 City of Weiser Police Department Joint Exercise of Powers0E.i.29 1 995 09:41,
FFUN WEISER POLICE DEPARTMENT TO 12086347983 .
P.131
JOINT EXERCISE OF POW'
(Mutual aid agreement - P .
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THIS AGREEMENT is made between the City of Weiser for the use and benefit of its Police
Department, and the City of McCall for the use and benefit of its Police Department, each being a
Governmental Entity of the state of Idaho, herein referred to as "Weiser", and "McCall",
respectively.
WI;TNESSETII:
WHEREAS, each of the parties hereto is a "public agency," as defined by Idaho Code Section 67-
2327, and is therefore authorized to enter into a Joint Exercise of Powers Agreement under Idaho
Cate Section 67-2328, and
WHEREAS, each of the parties hereto have an interest in police protection and police control in
cases of emergencies, and
WHEREAS, each of the parties own and maintain equipment and employ personnel who are
trained to provide police protection and police control, and
WHEREAS, in the event of an emergency, a catastrophe or other major occurrence, one of the
parties may need the assistance of another party to provide police protection and police control, and
WHEREAS, each of the parties have sufficient equipment and personnel to enable it to provide
such assisting services to another party under this Agreement in the event of such emergency or
catastrophe, and
WH:E.REAS, the geographical boundaries of each party are located in such a manner as to enable
each party to render mutual assistance to the other .
NOW, THEREFORE, subject to the limitations of this Agreement and in order to provide the
above munial aid assistance between the parties, it is hereby agreed under and pursuant to Idaho
Code Section 67-2328 as follows:
1. DURATION OF AGREEMENT.
This agreement shall not be effective until it is approved by the city council of Weiser and
the city council of McCall. It shall continue in full force and effect for a period of five (5) years
and continue thereafter or until any party terminates this Agreement by thirty (30) days written
notice in writing to all other effected parties. Provided, during the first five (5) years the
Agreement can be terminated by any party by sixty (60) days written notice. If one party terminates
this Agreement, it shall continue in full force and effect as to all other parties until terminated by
them.
2. PURPOSE --MUTUAL AID ASSISTANCE,
The purpose of this agreement is to provide mutual aid assistance to the other parties for police
protection and police control in case of an emergency or catastrophe. The duty of each party under
this Agreement is discretionary, but each party agrees that it will provide such assistance to the
extent it determines that it has sufficient equipment and personnel to provide the requested
assistance. All parties agree that it is not the purpose of this Agreement for one party to provide for
another the normal and usual police protection and police patrol which the other performs as a
public agency. Each party acknowledges that it has no right to demand of another party that it
provide any specific assistance under any circumstances. Each party, prior to conducting
investigations within the jurisdiction of the other, shall give notice of that fact to .the other.
3 _ MANNER OF FINANCING AND BUDGET.
Thereshall be no joint financing of activities under this Agreement. No compensation shall be due
and owing for services rendered and equipment furnished under this Agreement by a party. Each
JOINT' EXERCISE OF POWERS AGREEMENT page 1
0 r'.i '29,' 1995 09:42 FROM WEISER POLICE DEPNF:TMENT
TO 12086347983 P.02
party agrees to be responsible for the payment of compensation and benefits for its employees who
provide mutual aid assistance under this Agreernent for another party. Each party shall
independently budget for expected expenses under this Agreement
4 , ADMINISTRATOR OF MUTUAL AID.
Pursuant to Idaho Code Section 67-2328(d)(1), the parties shall jointly, by majority vote,
designate an Administrator of mutual aid under this Agreement. The Administrator shall be an
employee of one of the parties and shall serve for a term of one (1) year. He shall receive no
additional compensation other than as an employee of one of the parties. It shall be the duty of the
Administrator to coordinate all activities and mutual aid efforts of the parties under this agreement.
For the initial term the Administrator shall be the Chief of Police of McC'211; the Administrator
during the second term should be the Chief of Police of Weiser; and the position of Administrator
shall rotate between McCall and Weiser annually.
5. REQUEST FOR ASSISTANCE.
Any request for mutual aid assistance under this Agreement shall be made to the Administrator by
the highest ranking official of that party who is available at the time the assistance is needed. The
request may be oral, which shall be confirmed in writing and shall specify the time and place of the
requested assistance, the equipment and personnel requested, and shall state the name of the
officialwho is in charge of the police protection or police control at the place where the assistance
is requested. The Administrator shall refer the request to the highest ranking official available of
the party requested to provide the mutual aid assistance.
6. RESPONSE TO REQUEST.
The party requested to provide mutual aid assistance shall respond to the request as soon as
possible. The response may be orally conveyed to the Administrator and the party requesting the
assistance, but it shall be confirmed in writing, i.e., such as an incident report.
7. PERSONNEL AND EQUIPMENT PLEDGED.
In order for the parties to understand the scope of this agreement and the potential mutual aid
assistance involved, the amount and number of personnel and equipment pledged by each party for
this mutual assistance is listed by each party on the attached Exhibits.
8. COMMAND OF EQUIPMENT AND PERSONNEL.
The Administrator shall have overall command of equipment and personnel used under this
Agreement. However, the party to which it was provided shall have on site command and
direction of the equipment and personnel provided for the assistance. The party receiving the
assistance shall always keep the party providing the assistance advised as to the person who is
exercising this command and direction. All personnel who participate in mutual aid assistance shall
be loaned servants to the party requesting the assistance. Personnel who participate in mutual aid
assistance shall remain the employee of their employer for all purposes, including, but not limited
to, the payment of wages and benefits with the protection of full insurance and other coverages
including worker's compensation as provided by Idaho Code Section 67-2338.
9. STANDARD OF CONDUCT.
Each officer providing assistance shall maintain the standards of professional conduct as required
by the standards of the requesting entity. It shall be the sole duty, privilege and responsibility of
the entity employing an officer to determine if there has been any breach of professional standards
and to carry out discipline, if any. However, the requesting entity may request that a particular
officer be removed from any circumstance or the jurisdiction and the responding entity will honor
such request as soon as practical. At all times, the responding officers will be assigned duties
custotnarily and lawfully performed by law enforcement officers of the State of Idaho and there
shall be due and usual regard given to the personal safety of the officers and public consistent with
the needs or circumstances and the law enforcement probletu being addressed.
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FROM WEISEP POLICE DEPARTMENT
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I0. LIABILITY.
The party receiving the assistance shall have and assume complete liability for all of the acts of
personnel and the operation of equipment provided by another party as mutual aid assistance under
this Agreement. This shall include the acts of personnel and the operation of equipment while
being transported to, or being returned from, the place where the assistance is provided.
II.. RETURN OF EQUIPMENT AND PERSONNEL.
When the mutual aid assistance is no longer required, the party receiving the assistance shall notify
the Administrator the party providing it and all equipment and personnel shall be returned to their
normal place of operation. The parry receiving the mutual aid assistance shall pay for any damage
done to equipment while it is being transported to the place of assistance, or while it was used at
the place of assistance, or while it is being returned after the assistance, to the extent it is not
covered by the insurance of the party providing it. If the parties jointly purchase real or personal
property, to perform under this Agreement, the control of the property shall be under the direction
of the Administrator and shall be divided equally among the parties upon termination of the
Agreement.
i 2 . PRE -INCIDENT PLANNING.
The Administrator and the commanding officers of the parties may from time to time mutually
establish pre -incident plans which shall indicate the type and locations of potential problem areas
where mutual aid assistance may be needed. This Agreement may be supplemented by schedules
and lists of type of equipment and personnel that would be dispatched under various possible
circumstances and the number of personnel that would be dispatched under certain circumstances.
In addition, the parties may engage in mutual training sessions to ensure the efficient operation of
this Agreement. The parties agree to take such steps as are feasible to standardize the equipment
and procedures used to provide assistance under this Agreement,
IN WTTNESS WHEREOF, the parties hereto have caused their officials to execute this
Agreement.
DATED: JUKE .29, 1995
C FY cCALL
b. A az,--fEez
_
,, -3)-ecvn A, Smith, h., 114014ns'
_ Mayor
Attest: by: rd ale.,....._
Ed Parker
City Clerk 464tylexuchn, Chief of Police
-J c m e2 (i-4-
Attest:
JOINT EXERCISE OF POWERS AGREEMENT
CITY OF WEISER
by:
by:
'TEVE PATTERSON (AcTiNG MAYOR)
M:y
roy S • ng
Chief of • olice
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