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HomeMy Public PortalAbout1996.01.22 City of Idaho Joint Exercise of PowersORIGINAL JOINT EXERCISE OF POWERS AGREEMENT (Mutual Aid Agreement - Police Protection) THIS AGREEMENT, made and entered into between Valley County, the Cities of McCall and Cascade, Idaho, and each of the above entities' respective Sheriff and Police Departments, all being political subdivisions or governmental entities, of or within the State of Idaho, herein referred to as "party" or "parties". WITNESSET H: 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 Code Section 67-2328, and WHEREAS, each of the parties, as a "public agency," is entering.into this Joint Exercise of Powers Agreement under and pursuant to Idaho Code Section 67-2338 and .by resolution or ordinance duly enacted by each party pursuant to Idaho Code Section 67-2328(b), and WHEREAS, each of the parties hereto have an interest in law enforcement, protection, and control, and WHEREAS, each of the parties own and maintain equipment and employ personnel who are trained to provide law enforcement, protection, and control, and JOINT EXERCISE OF POWERS AGREEMENT - 1 WHEREAS, in the event of an emergency, a catastrophe, or based upon a situation or event, one of the parties may need the assistance of another party or parties to provide law enforcement, protection, and 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 based upon an emergency, catastrophe, situation or event; and WHEREAS, the geographical boundaries of each requesting or responding party under this Agreement 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 mutual 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 official or public agencies having powers of control, pursuant to Idaho Code Section 67-2330. 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 to all other affected parties. If one party terminates this Agreement, it shall continue in full force and effect as to all other parties until terminated by them. JOINT EXERCISE OF POWERS AGREEMENT - 2 2. PURPOSE -MUTUAL AID ASSISTANCE. The purpose of this Agreement is to permit the parties to make -the most efficient use of their powers by enabling them to cooperate to their mutual advantage providing services and equipment to provide mutual aid assistance to the other parties for law enforcement, protection, and control in the case of an emergency, catastrophe, or when the need may arise. 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. A11 parties agree that it is not the purpose of this Agreement to provide police protection, and police patrol which each party 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. 3. MANNER OF FINANCING AND BUDGET. There shall be no joint financing of activities under this Agreement except by written amendment of this Agreement between the respective parties regarding a specific event or occurrence. No compensation shall be due and owing for services rendered and equipment furnished under this Agreement by a party. Each party agrees to be responsible for the payment of compensation and benefits for its employees who provide mutual aid assistance under this Agreement for another party. JOINT EXERCISE OF POWERS AGREEMENT - 3 Each party shall independently budget for expected expenses under this Agreement. 4. JOINT BOARD - ADMINISTRATOR OF MUTUAL AID. Pursuant to Idaho Code Section 67-2328(d)(1), the Valley County Sheriff and the chief law enforcement officer of each city shall constitute a joint board to administer this Agreement. Each board member shall receive no additional compensation other than as an employee of one of the parties. It shall be the duty of the members of the joint board as representatives of each party to coordinate all activities and mutual aid efforts of the parties under this Agreement. The Board shall meet, elect a chairman and establish procedures, if desired, for the conduct of board business. The Board shall.meetat least annually. Chairmanship of the joint board shall rotate annually. S. REQUEST FOR ASSISTANCE. Any request for mutual aid assistance under this Agreement shall be made thru the Valley County Sheriff's dispatch office (hereinafter called "Dispatch"). The request may be oral or written and shall specify the time and place of the requested assistance, and shall state the name of the official who is in charge of police protection or police control, if any, at the place where the assistance is requested. 6. RESPONSE TO REQUEST. Dispatch shall forward the request to responding party, who shall respond to the request as soon as possible and notify the requesting party of the JOINT EXERCISE OF POWERS AGREEMENT - 4 assistance that can be provided. The response may be orally conveyed to requesting party or to Dispatch who shall forward the response to the party requesting assistance. If the responding party agrees to provide mutual aid assistance, it shall notify Dispatch or the requesting party as to the equipment and personnel which will be engaged in the assistance as well as the time it will be provided and the name of the person who will be in charge of providing the assistance. 7. COMMAND OF EQUIPMENT AND PERSONNEL. The requesting party shall have on -site command and direction of the equipment and personnel provided by a responding party. The requesting party shall always keep the responding party advised as to the person who is exercising command and direction. When the mutual aid assistance is no longer needed, the requesting party shall release its command and direct that all equipment and personnel be returned to the responding party. 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. 8. STANDARD OF CONDUCT. Each officer providing assistance shall maintain the standards of professional conduct as required by the standards of the requesting entity. It JOINT EXERCISE OF POWERS AGREEMENT - 5 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 party will honor such request as soon as practicable. At all times, the responding officers will be assigned duties customarily 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 problem being addressed. 9. RESPONSIBILITIES OF REQUESTING PARTY. Officers of the requesting party will be primarily responsible for making and processing arrests and the impounding or safeguarding of lives or property within the territorial boundaries of their jurisdiction. When a responding officer while in the jurisdiction of the requesting party takes a person or property into custody, the officer shall relinquish custody of said person or property at the earliest convenience to an officer of the requesting party for disposition in accordance with the laws of the requesting party. 10. CROSS-DEPUTIZATION. By each parties' signature to this Agreement, the said parties herein cross deputize the responding officers when operating under the terms of this Agreement. JOINT EXERCISE OF POWERS AGREEMENT - 6 11. LIABILITY. The original employing party shall have and assume complete liability for all of the acts of.its personnel and the operation of its equipment provided under this Agreement. 12. RETURN OF EQUIPIIENT AND PERSONNEL. When the mutual aid assistance is no longer required, the requesting party shall notify the responding party of the release of the requesting party's command of all equipment and personnel and such shall be returned to their normal place of operation. If the parties jointly purchase real or personal property, to perform under this Agreement, the control of that property shall be under the direction of the joint board and shall be divided equally among the parties upon termination of this Agreement. 13. PRE -INCIDENT PLANNING. The joint board or the designees of the respective 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 types 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 JOINT EXTRC I SE OF POWERS AGREEMENT - 7 procedural requirements withiii the jurisdiction of the incident. IN WITNESS WHEREOF, the parties hereto have caused their officials to execute this agreement. DATED this g a day of 1/4 Jib, , 199* ATTEST: 2 e v i e �► e�� fraeP ro.ie d Re, ler-r va l (e do,",, Prose ro JOIEXERCI OF POWERS aL7 VALLEY COTJNI'Y BOARD OF COUNTY COH NISSIONERS By Commissioner Commissioner VALLEY COUNTY SHERIFF'S' DEPARMENT ?EEIENT - 8 Sheriff DATED this /27» day of FEBAUMar 199531.6 CITY OF CASCADE BY ` '442 r Mayor • BY ATTE S`I' CLERK OF CITY OF CASCADE Chief of Police JOINT EXTRC I SE OF POWERS AGREENENT - 9 DATED this ri kday of ��, kW -A— , 1995. CITY OF NoCALL By Nayor Byr I c� Chief of Police ATTE S' LERK OF CITY OF TIcCALL JOI2+T EaRCISE OF POWERS AGREEI9ENT - 10 (I* ao CI 1 .. ) i , ) ' =.-1 ) .. T —`• 1 • ; • „„„„ , ) ;- Leland "Lee" Heinrich - VALLEY COUNTY - CLERK OF THE DISTRICT COURT • EX-OFFICIO AUDITOR & RECORDER P.O. Box 1350 / Cascade, Idaho 83611-1350 • Recorder's Office (208) 382-7100 • Court Office (208) 382-7178 • FAX (208) 382-7107 E-Mail: Iheinrich@co.valley.id. us t "da,vo cct_ "-to 'et ei-- 51-146i-te C (s y 7," ) `2/ Lee Heinrich 4 CLERK, AUDITOR & RECORDER c 12/03/2003 16:42 20831327170 VALLEY CO SHERIFF PAGE 02 LAW )ENFORCEMENT, MUTUALAIfD AGREEMENT (Joint Exercise of Power Agreement) AGREEMENT entered into between the Valley County Sheriff's Office and the McCall Police Department, and each of the above entities' law enforcement departments, all being political subdivisions, or governmental entities, of or within the state of Idaho, herein refenred to as '"party or parties." WITNESSETH: WHEREAS, each of the parries hereto is a "public agency" as defined by IcIalerle Section 67-2327, and is therefore authorized to enter into a Joint Exercise of Powers Agreement under Idaho Cods Sectlbn 67.2328, and WHEREAS, each of the patties, as a "public agency." is entering into this Joint Exercise of Powers Agreement under and pursuant to Idaho Code Section 67 2338 and by resolution or ordinance duly enacted by each party pursuant to Idaho Code Section 67-2328(b), and WHEREAS, each of the parties hereto have an interest in law enforcement, protection, and comrol, and WHEREAS, each of the parties own and maintain equipment and employ personnel who are trained to provide law enforcement, protection, and control, and WHEREAS, in the event of a life and death emergency, a catastrophe, emergency medical aid or based Mien the situation or event, one of the parties may make a formal request of another party to provide law enforcement, emergency. medical aid, protection, and 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 based upon a formal request for a life and death emergency, emergency medical aid, catastrophe, situation or event; and WHEREAS, the geographical boundaries of each requesting or responding party under this Agreement are located in such a mariner 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 mutual aid assistance between the parties, it is hereby agreed under and pursuant to Idaho Code Section 67-2328 as follows: 1. DURATJOY OF AGREEMENT: This Agreement shall not be effective until it is approved by the official or public agency having powers of control, pursuant to Idaho Code Section 67-2330. It shall continue in full force and effect for a period of hive (5) years and continue thereafter or until any party terminates this Agreement by thirty (30) days written notice to all other affected parties. 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-MP ASSISTANCE*: The purpose of this Agreement is to permit the parties to cooperate to their mutual advantage providing services and equipment to provide mutual aid assistance to the other parties for law enforcement, protection, and control in the case of a life and death emergency, emergency medical aid, catastrophe, or when the need may arise. 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 bas sufficient equipment sad personnel to provide the requested assistance. All parties agree that it is not the purpose of this Agreement to provide the normal and usual law enforcement, police protection, and police patrol which it performs as a public agency. Each party acknoWledges that it has no Tight to demand of another party that it provide any specific assistance: under any circumstances. 3. MANNER OF FJNMNCING ANb BUDGET: There shall be no joint financing of activities under this Agreement except by written amendment of this Agreement between the respective parties regarding a specific event or occurrence. No compensation shall be due and owing for services rendered and equipment furnished under this Agreement by a party. Each party agrees to be responsible for the payment of, compensation and benefits for its employees who provide mutual aid assistance under this Agreement for another party. Each patty shall independently budget for expected expenses under this Agreement. 4. ADMINISTRATOR OF, MUTUAL AID: pursuant to Idaho Code Section 67-2328(d)(1), the patties designate the elected sheriff, or chief law enforcement officer, of oach party to be named to a joint board to administer this Agreement. Eaeh board member shall receive no additional compensation other than as an employee t., 4 12/03/2003 16:42 2083827170 VALLEY CO SHERIFF PAGE 03 of one of the parties. It shall be the duty of the members of the joint board as representatives of each patty to coordinate all activities and mutual aid efforts of the parties under this Agreement. 5. • •• F.A FOt SSIS�A CE: Any request for mutual aid assistance under this agreement, shall be made by the highest ranking official of mquesting party who is available at the time the assistance is needed. The request may be oral, and shall be made to the highest ranking official of the assisting party who is available at the time. 6. RESPONSE TO REOUFST: The party requested to provide mutual aid assistance shall respond to the request as soon as possible and notify the requesting party of the assistance that can be provided. The response may be orally conveyed to the highest ranking official requesting the assistance, or to Valley County Dispatch. If the responding party agrees to provide mutual aid assistance, the responding parry should notify its respective adminidstration at the earliest possible time and inform as to the equipment and personnel which will be engaged in the assistance effort. 7. COMMAND OF EOUIPIv ENT AND PERSONNEL..: The requesting party shall have on -site command and direction of the equipment avd personnel provided by a responding party. The requestitg party shall always keep the responding party advised as to the person who is exercising command and direction.. All personnel who participate in mutual aid assistance shall. be loaned servants to the party requesting the assistance, except to the extent inconsistent with this Agreement. When the mutual aid assistance is no longer needed, the requesting patty shall release its command and direct that all equipment and personnel be returned to the responding party. 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 their entitlement to the benefits of their employment. Further, as provided by Idaho Code Section 67-2338, all of the privileges and immunities from liability, exemptions from laws, ordinances and rules, and other benefits shall apply to responding personnel to the same degree and extent while engaged in the performance of any of their functions and duties extratenitorially. a. STANDARD OF CONDUCT: Each officer providing assistance shall maintain the standards of professional conduct as req»d 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 practicable. At all times, the responding officers will be assigned duties customarily and lawfully performed by taw 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 problem being addressed. 9. RESPONSIBILITIES OF NeQUESTIING PAIIT.Y: The requesting party will assign personnel to advise responding officers of statutory, administrative, and procedural requirements within the jurisdiction of the occurrence. Officers of the requesting party will be primarily responsible for making and processing arrests and the impounding or safeguarding of lives or property within the territorial boundaries of their jurisdiction. When a responding officer while in the jurisdiction of the requesting party takes a person or property into custody, the officer shall relinquish custody of said person or property at the earliest convenience to an officer of the requesting party for disposition in accordance with the laws of the requesting party. Every effort will be made to .release the assisting officers to return to their jurisdiction. All evidence, reports, film, video, property, written statements and anything associated with the incident shall be immediately released by the responding officer to the requesting agency for chain of custody and Case preparation, unless authorized by his department head or his department head's designee, to release the evidenceat a different time and/or dare. 10. CROSS-DEPITSIZATION: By each parties' signature to this Agreement, the said parties herein authorrize the cross -deputation of its officert or responding officers when operating under the terms of this Agreement to facilitate its intent 11, LIABILITY: The original employing party shall have and assume complete liability for all of the acts of its personnel end the operation of its equipment provided ander this Agreement 12/03l'2003 16:42 20133827170 VALLEY CD SHERIFF PAGE 04 12. MIITUQ,L HOLD HARMLESS,: Each patty to this Agreement agrees to indemnify and hold harmless the other from any and all liability for any injury, damage or claim suffered by any person or property caused by the party or its employee while performing under this. Agreement. 1.3. INSURANCE: Each party to this .Agreement .agrees to carry and maintain a comprehensive general liability policy in the minimum amount of 5500,000.00 to protect the party from and against any and a$ Claims, losses, actions, and judgments for damages or injury to persons or property arising out of or in connection with its acts or pertbrmance under this Agreement 14. RETU N OF EOUIPMCNT AND PERSONNEL: When the mutual aid assistance is no longer required, the requesting party shall notify the joint beard member of the release of its command of all equipment and personnel and such shall be returned td their normal place of operation. if the parties jointly purchase real or personal property, to perform under this Agreement, the control of that property shall be under the direction of the joint board and shall be divided equally among the parties upon termination of this Agreement 15. PRE-INCU7l PT PLANNING`. The ioint bard 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 avid assistance may be needed. This Agreement may be supplemented by schedules and lists Of types 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 addidon, 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 WITNESS WHEREOF, the parties hereto have caused their officials tb execute this Agreement. DATED this day of ate,rutteA---, , 20 el . PUBLIC iTV: Va leyieo • ty By (C By rm By ion or ,,, ell Mentb ner or Council M r) PUBLICEN;T1TY: City 'f McCall 4/4-- Witatrmsria MaYor) By By gai r&oxf301fireinintreY) ATTEST: Clerkof Ctt o (County, C%v or other Governmental Entity) A'ooso Coeais1BOrs,' �b C L e4d •coy OS`0 B:ncccon�� Yr ��ode • Jv c Q c • o SEAL, O o' . m a • 8901e4aoc0:c`• 12/03/2003 16:42 2083827170 VALLEY CO SHERIFF PAGE 05 DATED this. 2day of Q , 20 . SHE % OR CH OF/ LICE: (GOvernrn -1 Entity i Its ANEREEnt CHIEF OF POLICE City of McCall (Governmental Entity) B Its ATTEST: Cle of. .; City or other Governmental Entity)