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HomeMy Public PortalAbout2003.11.24 Cascade Police Department Law Enforcement Mutual Aid AgreementLAW ENFORCEMENT MUTUAL AID AGREEMENT (Joint Exercise of Power Agreement) AGREEMENT entered into between the Cascade Police Department 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 referred to as "party or parties." WITNESSETH: 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 Agreemem 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 WHEREAS, in the evem of an emergency, a catastrophe or based upon the situation or event, one of the parties may need the assistance of another party to provide law enforcement, protection, and control; and WHEREAS, each of the parties hereto 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 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 paxties, 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 agency having powers of control, pursuant to Idaho Code Section 67-2329. 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 aH other affected parties. If one party terminates this Agreement, it shall continue in full force and effect as to aH other parties until terminated by them. Form 103 JOINT EXERCISE OF POWERS AGREEMENT - 1 of 3 Pgs. (January 1998) 2. PURPOSE--MUTUAL AID 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 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. All parties agree that it is not the purpose of this Agreement to provide normal and usual law enforcement, police protection, and police patrol, which it performs as a public agency. Each party acknowledges that it has no fight 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. Each party shall independently budget for expected expenses under this Agreement. 4. ADMINISTRATOR OF MUTUAL AID: Pursuant to Idaho Cede. Section 67-2328(d)(1), the parties designate the elected sheriff, or chief law enforcement officer, of each party to be named to 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. 5. REQUEST FOR ASSISTANCE: Any request for mutual aid assistance under this Agreement shall be made by the highest mnldng official or requesting 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 REQUEST: 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 joint board member of the respective party and the party requesting the assistance. If the requested party agrees to provide mutual aid assistance, it shall notify the respective joint board member and 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. If the amount of assistance thereafter varies, the patty providing it shall amend this notification so that the Administrator and the party receiving the assistance will know what assistance was intended. 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. 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 party receiving the assistance shall release this connnand and direct that all equipment and personnel be returned to the party providing the assistance. Personnel who participate in mutual aid assistnnee shall remain in the employee of their employer for all purposes, including, but not limited to, the payment of wages and benefits with the protection of all insumnee and other coverage's such as worker's compensation 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 extmterfitorially. Form 103 JOINT EXERCISE OF POWERS AGREEMENT - 2 of 3 Pgs. (January 1998) 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 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 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 circunastances and the law enforcement problem being addressed. 9. RESPONSIBILITIES OF REQUESTING PARTY: 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. 10. CROSS-DEPUTIZATION: By each parties' signature to this Agreement, the said parties herein authorize the cross-deputizafion of its officers 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 the acts of its personnel and the operation of its equipment provided under this Agreement. 12. MUTUAL HOLD HARMLESS: Each party 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. 13. INSURANCE: Each party to this Agreement agrees to carry and maintain a comprehensive general liability policy in the minimum amount of $500,000.00 to protect the party from and against any and all claims, losses, actions, and judgments for damages or injury to persons or property arising out of or in connection with its acts or performance under this Agreement. 14. RETURN OF EQUIPMENT AND PERSONNEL: When the mutual aid assistance is no longer required, the requesting party shall notify the joint board member of the release of its 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. 15. PRE-INCIDENT PLANNING: The joint board 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 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 m~ay engage in mutual tmiuing 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. Form 103 JOINT EXERCISE OF POWERS AGREEMENT - 3 of 3 Pgs. (January 1998) DATED this 24th day of NOVEMBER PUBLIC ENTITY: City of Cascade (Chairffr~ or 'Mayor) ,20 03 By (Commissioner or Council Member) By (Commissioner or Council Member) ATTEST: Clerk of City Cascade (County, City or other Governmental Entity) PUBLIC ENTITY: City o/f MczCall fd~a i.d~n o~ayor) By. (Commissioner or Council Member) By. (Commissioner or Council Member) ATTEST: Form and content approved by M. Pie r c e Form and content approved by as attomey for as attomey for City of Cascade City of McCall Form 103 JOINT EXERCISE OF POWERS AGREEMENT - 4 of 3 Pgs. (January 1998) DATED this 24th day of NOVEMBER ,20 03 . SHERIFF OR CHIEF OF POLICE: SHERIFF OR CHIEF OF POLICE City of Cascade (Governmental E~ity) ~ / Its .~,Cli~ef of Police ATTEST: Clerk of City Cascade (County, City or other Governmental Entity) City of McCall fi/. (Governmental Entity) :// Its Chie£ of Polide- l/ // ATTEST: Clerk of (County~, City or other Governmental Form 209 LAW ENFORCEMENT MUTUAL AID AGREEMENT-4 of 4 (January 1998)