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HomeMy Public PortalAbout1993.10.04 Adam's County Joint Exercise of Powers AgreementJOINT EXERCISE OF POWERS AGREEMENT (Mutual aid agreement - Police Protection) THIS AGREEMENT is made between the Adams County Sheriffs 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 "County", and "City", respectively. 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 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 WHEREAS, 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 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 County Commissioners and the City council of the City. 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. There shall 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 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 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 Sheriff of Adams County; the Administrator during the second term should be the Chief of Police of the City; and the position of Administrator shall rotate between City and County annually. 5. REQUEST FOR ASSISTANCE. Any request for mutual aid assistance Under this Agreement shall be made to r7, Adr'ina tator 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 official who 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 iimited 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 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. JOINT EXERCISE OF POWERS AGREEMENT page 2 10. 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. 11. 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 party 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. 12 . 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 WITNESS WHEREOF, the parties hereto have caused their officials to execute this Agreement. DATED: LI , 1993. Attest: firth J. Schmidt, City Clerk ADAMS COUNTY BOARD OF COMMISSIONERS bv: G_G! .kJ,Q 1 Attest: Ed Kesler Chairman Mike Fisk Clerk of the Board JOINT EXERCISE OF POWERS AGREEMENT CITY OF McCALL by: Laurence A. Smith, Jr Mayor by: C a1 iL Ed Parker Chief of Police Concurrence b ch r-en Sheriff page 3