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ORio\NAL ORIGINAL/(4" ORIGINAL LAW ENFORCEMENT MUTUAL AID AGREEMENT BETWEEN MOSCOW, IDAHO AND WHITMAN COUNTY, WASHINGTON THIS AGREEMENT is entered into between the City of Moscow, a municipal corporation of the State of Idaho (hereinafter referred to as "City"), and Whitman County, of the State of Washington (hereinafter referred to as 'Whitman County'') and each of the above entities' respective law enforcement departments, all being political subdivisions, or governmental entities, of or within the State of Idaho and of the State of Washington (hereinafter referred to as "party" or "parties"). WITNESSETH: WHEREAS, eachłparty hereto is legally authorized to enter into a mutual assistance agreement (hereinafter referred to as "Agreement") to provide mutual aid police services in the communities of Moscow, Idaho and Whitman County, Washington; and WHEREAS, each party, as a public agency, is entering into this law enforcement mutual aid under and pursuant to the Idaho Code and pursuant to the Revised Washington Code, respectively; and WHEREAS, each party hereto has an interest in law enforcement, protection, and control; and WHEREAS, each party owns and maintains equipment and employs personnel who are trained to provide law enforcement, protection, and control; and WHEREAS, in the event of an emergency, a catastrophe, or based upon a particular situation or event, one of the parties may need the assistance of the other party to provide law enforcement, assistance, protection, and control; and WHEREAS, each party has sufficient equipment and personnel to enable it to provide such assisting services to the other party under this Agreement based upon 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 assistance,between parties, it is hereby agreed as follows: 1. DURATION OF AGREEMENT: This Agreement shall not be effective until it is approved by the official n• public agencv having powers of control. It shall continw· iii full fnrce .oŃd effect for Z period of five years arv' continue lAW ENFORCEMENT MUTUAL AID AGREEMENT CITY Of MOSCOW, IDAHO AND WHITMAN COuNTY, WASHINGTON PAGE 1 Of 6 2004-06 0621.27 ---PAGE BREAK--- thereafter year to year from the effective date of this Agreement or until any party terminates this Agreement by thirty (30) days written notice to all other affected parties. 2. PURPOSE-MUTUAL AID ASSISTANCE: The purpose of this Agreement is to permit the parties to cooperate to their mutual advantage, utilizing services and equipment to provide mutual aid assistance to the other party for law enforcement, protection, and control in the case of an emergency, catastrophe, or situation or event where one of the parties may need the assistance of another party to provide such law enforcement, protection, and control. The duty of each party under this Agreement is wholly 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 the 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 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 to this Agreement regarding a specific event or occurrence. No compensation shall be due and owing for services rendered and equipment furnished by a party under this Agreement. 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: Each chief law enforcement officer shall receive no additional compensation other than as an employee of one of the parties. It shall be the duty of the requesting chief law enforcement officer to coordinate all activities and mutual aid efforts of the parties under this Agreement. The chief law enforcement officer or their respective designees should develop operational plans for any mutual assistance under this Agreement. The plan should indicate the procedures to be followed in responding to a request for assistance. 5. REQUEST FOR ASSISTANCE: Any request for mutual aid assistance under this Agreement shall be made to the chief law enforcement officer, or to the highest ranking official of that law enforcement agency who is available at the time the assistance is requested. 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 the personnel requested, and the name of the official, who is in charge of the police protection or police control at the place where assistance is requested. lAW ENFORCEMENT MUTUAL AID AGREEMENT CITY OF M0SC()IN, IDAHO AND WHITMAN COUNTY, WAS KINGTON PAGE20F6 ---PAGE BREAK--- 6. RESPONSE TO REQUEST: Only the chief law enforcement officer of a responding participating agency may determine whether or not to respond to a request for emergency law enforcement assistance under this Agreement, or, in the absence of the chief law enforcement officer, a designee named by title of position held with the responding agency. Law enforcement personnel responding to a request for emergency assistance shall meet reasonable training or certification standards as required by each state's POST Certification Standards. If the responding agency agrees to provide mutual aid assistance, it shall notify the requesting agency of the equipment and personnel which will be engaged in such assistance as well as the time it/they will be provided and the name of the person who will be in charge of providing the assistance. If the amount of assistance varies after the initial request for assistance is made, the responding agency shall amend the notification so that the requesting agency will know what assistance was intended. 7. COMMAND OF EQUIPMENT AND PERSONNEL: The requesting agency shall have on-site command and direction of equipment and personnel provided by the responding agency. The requesting agency shall always keep the responding agency advised as to the person who is exercising command and direction. The requesting agency and the responding agency shall utilize the incident command system (ICS). When requested by the requesting agency or requested by the responding agency, the senior ranking member of the responding agency shall report to the command post or emergency operating center and coordinate with the senior ranking member of the requesting agency. A requesting agency shall have and exercise general control in directing the responding agency to locations as required, however, the officer in charge or specialized unit commander of the responding agency shall be responsible for exercising control over its personnel in response to the general directions of the requesting agency. Specialized units will maintain their unit integrity and shall be responsible to their own team command. The responding agency's rules and procedures will prevail and the officer in charge or team commander shall retain full authority to assign, deploy and initiate action. The responding agency shall have the authority to refuse, restrict, or terminate its involvement in an operation. When the mutual aid assistance is no longer needed, the requesting agency shall release its command and direct that all equipment and personnel are returned to the responding agency. Personnel who participate in mutual aid assistance shall remain the employees of their employer for all purposes, including, but not limited to, the payment of wages and their entitlement to the benefits of their ernploymer,t. Further, as provided by Idaho Code 67-2338 ar>d Chapter 10.93 Revised Code of Washington. ail of the priv;';;ges anfl lAW ENFORCEMENT MUlUAL AID AGREEMENT CrrY Of MOscow, IDAHO AND WHIT).W.I CouNTY, wASHINGTON PAGE30f6 ---PAGE BREAK--- immunities from liability, exemptions, form 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 extraterritorially. 8. STANDARD CONDUCT: Each officer providing assistance shall maintain the standards of professional conduct as required by the standards of the requesting agency. It shall be the sole duty, privilege, and responsibility of the entity employing an officer to determine whether there has been any breach of professional standards and to carry out the appropriate discipline, if any. However, the requesting agency may request that a particular officer be removed from a particular situation or from the jurisdiction and the responding agency will honor such a request as soon as practicable. At all times, the responding. officers will be assigned duties customarily and lawfully performed by law enforcement officers in their respective jurisdictions and there shall be due and usual regard given to the personal safety of the officers and public consistent with needs or circumstances and the law enforcement problem being addressed. 9. RESPONSIBILITIES OF THE PARTIES: A. The requesting agency will assign personnel to advise responding Jaw enforcement officers of statutory, administrative, and procedural requirements within the jurisdiction of the occurrence. B. Law enforcement officers of the requesting agency will be primarily responsible for making and processing arrests and impounding or safeguarding Jives or property within the territorial boundaries of their jurisdiction. A law enforcement officer from a responding agency shall take any arrested person or seized property at the earliest convenience to an officer of the requesting agency for disposition in accordance with the laws of the requesting agency. C. Agencies shall complete reports of investigations and activities on a timely and accurate basis. Records of investigations and activities shall be kept by the agency with jurisdiction over such investigations or activities. The release of such records, if any, shall comport to the legal requirements of the jurisdiction of the agency in custody of such records. No records shall be released without written authorization from the agency in whose jurisdiction the investigations or activities occurred. . D. Any press releases concerning investigations and activities conducted under this Agreement shall be made by the agency with jurisdiction over the investigations or activities. lAW ENFORCEMENT MUTUAL AID AGREEMENT CITY Of MOSCON ,IDAHO AND WH!TlMN CouNTY, WASHiNGTON PAGE40F6 ---PAGE BREAK--- E. Agencies and their respective personnel operating under the authority · of this Agreement shall comply with the provisions of Idaho Code Section 67-2337 and RCW 10.93.090 which give peace officers reciprocal police powers while performing duties outside of their normally recognized jurisdictional boundaries. Law enforcement officers of the agencies operating under said extension of authority shall comply with all the statutory conditions specified in the Idaho and Washington statutes, whichever is applicable. With the exception of investigations or activities initiated in their jurisdiction and those investigations or activities initiated under this or other mutual aid agreements, personnel or parties shall not be assigned to duties outside their agency's jurisdiction. Extended duties covered under this Agreement outside an agency's jurisdiction shall require approval of the elected sheriff or chief law enforcement officer or his or her designee. 10. CROSS-DEPUTIZATION: By each parties signature to this Agreement, the parties authorize special commissioning to the full extent authorized by Washington and Idaho law. The parties herein authorize the cross deputization 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 of the acts of its personnel and of the operation of its equipment under this Agreement. 12. MUTUAL HOLD HARMLESS: Each party to this Agreement agrees to indemnify and hold harmless the other from any injury, damage, or claim suffered by any person or property caused by the party or its employee while performing under this Agreement arising out of its sole negligence. 13. RETURN OF EQUIPMENT AND PERSONNEL: When the mutual aid assistance requested is no longer required, the requesting party shall notify the responding party of the release of its command of all equipment and personnel and such shall be returned to their normal place of operation. 14. PRE-INCIDENT PLANNING: The chief law enforcement officer the commanding officers of the agencies 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 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 assistanet} under this Agreement. lAW ENFORCEMENT MUTUAL AID AGREEMENT CITY Of MOSCOW,IOAHO AND WHITMAN COUNTY, WASHINGTON PAGE50f6 ---PAGE BREAK--- ORIGINAL 15. SEVERABILITY: If any part of this Agreement is held unenforceable, the remaining portions of this Agreement will nevertheless remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have caused their officials to execute this Agreement in duplicate originals. DATED this '11 v, day of ,j CL n LA C v J , 200i CITY OF MOSCOW, IDAHO ·v WHITMAN COUNTY, Washington By: 4£L Jerry Finch, Commissioner ATIEST: ' By: 3-WI W 2 Les Wigen, Commission By: 0 Gre a h. Commissioner uting Attorney ATTEST: & duJ Dl·Z&-Otf Mai'ibeth Becker, Clerk of the Poard LAw ENFORCEMENT MUTUAL"" ·AGREEMENT CfiY OF MOSCOW,IOAHO ANO WHilMAN COuNTY, WASHINGTON PAGE60F6