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
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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
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Lee Heinrich
4 CLERK, AUDITOR & RECORDER
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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
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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,'
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•coy OS`0 B:ncccon�� Yr ��ode
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SEAL, O
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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)