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MUTUAL ASSISTANCE COMPACT BETWEEN THE CITY OF LEWISTON AND CITY OF MOSCOW THIS MUTUAL ASSISTANCE COMPACT ("Compact") is entered into by and between the City of Lewiston, an Idaho municipal corporation, located in Nez Perce County ("Lewiston"), and the City of Moscow, an Idaho municipal corporation, located in Latah County ("Moscow"). Lewiston and Moscow may also individually be referred to as ''Party" or collectively as "Parties." WHEREAS, each of the Parties has an interest in crune prevention and/ or other emergency support; WHEREAS, each of the Parties owns and maintains equipment and retains peace officers who are trained to provide various levels of service in the prevention, investigation, and/ or detection of crimes; WHEREAS, in the event of an emergency, either Party may request the assistance of the other Party to provide supplemental control and/ or other emergency support in the prevention, investigation, and/ or detection of crimes; WHEREAS, each of the Parties may have the necessary equipment and peace officers available to enable it to provide such services to the other Party in the event of an emergency situation; WHEREAS, the facilities of each Party are located in such a manner as to enable each Party to render mutual assistance to the other; and WHEREAS, it is not the intent of either Party that this Compact be interpreted to be a joint powers agreement or a creation of any separate legal or administrative entity; instead, this Compact is intended to be an interagency contract for services. NOW, THEREFORE, in consideration of the mutual covenants and agreements herein contained, it is hereby agreed to and stipulated by and between the Parties as follows: MUTUAL ASSISTANCE COMPACT BETWEEN THE CITY OF LEWISTON AND CITY OF MOSCOW-Page 1 of 10 ---PAGE BREAK--- 1. AUTHORIZATION: This Compact is authorized pursuant to Idaho Code§§ 67- 2332 and 67-2337. 2. PURPOSE: The purpose of this Compact shall be to secure timely law enforcement assistance for the Parties. 3. COMPACT ADMINISTRATORS: Lewiston's Chief of Police and Moscow's Chief of Police shall jointly serve as administrators of this Compact. 4. REQUEST FOR MUTUAL ASSISTANCE: The Commanding Officer or Incident Commander of the requesting Party at the scene of an emergency within the boundaries of that Party's geographical jurisdiction is authorized to request assistance from the other Party if confronted with an emergency situation for which the requesting Party determines it has need for equipment and/ or peace officers in excess of that available to the requesting Party. 5. RESPONSE TO REQUEST FOR MUTUAL ASSISTANCE: Upon receipt of a request for mutual assistance, the Commanding Officer of the responding Party shall immediately take the following actions: A. Determine if the responding Party has equipment and peace officers available to respond to the request of the requesting Party, and determine the type of equipment and number of peace officers available. B. Determine what available equipment and peace officers, if any, should be dispatched in accordance with the plans and procedures established by the Parties. C. In the event the requested equipment and/ or peace officers are available, the Commanding Officer of the responding Party shall dispatch such equipment and peace officers to the scene of the emergency with proper operating instructions. MUTUAL ASSISTANCE COMPACT BETWEEN THE CITY OF LEWISTON AND CITY OF MOSCOW-Page 2 of 10 ---PAGE BREAK--- D. In the event the requested equipment and/ or peace officers are not available, then the Commanding Officer of the responding Party shall immediately advise the requesting Party of such fact. 6. RESPOND ING PARTY AUTHORITY: The responding Party, at its sole discretion, shall have the authority to refuse, restrict, or terminate its involvement, at any time, in an operation pursuant to this Compact, and shall immediately provide notice of such fact to the requesting Party. 7. STAND ARD OF CONDUCT: Each peace officer providing mutual assistance under this Compact shall maintain the standards of professional conduct required by the peace officer's department policies and procedures. It shall be the sole duty and responsibility of the peace officer's employing department to determine if there has been any breach of professional standards. 8. COMMAND RESPONSIBILITY AT SCENE: The requesting Party's Incident Commander shall be in command of the operations under which the equipment and peace officers sent by the responding Party shall serve; provided, however, that the responding equipment and peace officers shall be under the immediate supervision of the responding Party's officer in charge. If the requesting Party's Incident Commander specifically requests a senior officer of the responding Party to assume command, the requesting Party's Incident Commander shall not, by relinquishing command, be relieved of responsibility for the operation. 9. PROCEDURES: Custody procedures after arrest shall be governed by the arresting peace officer's department policies and procedures, unless the requesting Party has put in place acceptable arrest procedures to deal with the incident, such as mass arrest procedures. 10. POST-RESPONSE RESPONSIBILITY: All equipment and peace officers used pursuant to this Compact shall be returned to the responding Party upon being released by the requesting Party, or upon demand by the responding Party for return of said equipment and peace MUTUAL ASSISTANCE COMPACT BETWEEN THE CITY OF LEWISTON AND CITY OF MOSCOW-Page 3 of 10 ---PAGE BREAK--- officers. Additionally, circumstances surrounding any actual exercise of peace officer authority outside the territorial limits of Lewiston or Moscow shall be reported, as soon as safety conditions allow, to the requesting Party, and the peace officer shall relinquish authority and control over any event to the requesting Party. 11. COMPENSATION: Neither Party shall seek compensation from the other Party for assistance provided under this Compact. Each Party shall at all times be responsible for the payment of wages and other compensation and for carrying workmen's compensation for its own employees. Each Party shall be responsible for its own equipment and shall bear the risk of loss therefore, whether or not said equipment is being used within the area of primary responsibility of that Party. 12. INSURANCE: Each Party shall maintain adequate insurance coverage for its own equipment and peace officers at all times when this Compact is in effect. 13. LIABILITY: A. No Liability for Responding Party. The original, employing agency shall be responsible for all liability arising from the acts or omissions of its officers, officials, employees, volunteers, and agents participating in this Compact. Further, except as expressly provided herein, no Party shall be liable for failure to comply with any provision of this Compact, nor for any liability arising from providing or refusing to provide mutual assistance under this Compact. B. Mutual Releases. Except as specifically provided herein, each Party hereby forever releases and discharges the other Party, its officers, officials, employees, volunteers, and/ or agents from any claim related to this Compact. MUTUAL ASSISTANCE COMP ACT BETWEEN THE CITY OF LEWISTON AND CITY OF MOSCOW-Page 4 of 10 ---PAGE BREAK--- C. D amage or Destruction to Equipment. Except as expressly provided herein, the requesting Party shall not be obligated to pay the responding Party for any damage to or destruction of any equipment used for mutual assistance purposes. This provision shall not apply to the extent that it would void applicable property insurance available to provide payment for the damage or loss of such equipment. It is the intent of the Parties that the risk of loss to equipment will be addressed by each Party through the purchase of property insurance as opposed to seeking reimbursement from the other Party. D. Liability to Third Parties. The term "third party" means any person, firm, or entity other than the Parties hereto. With regard to mutual assistance provided pursuant to this Compact, each Party shall be responsible for all liability arising from and/ or related to the acts or omissions of that Party, its officers, officials, employees, volunteers, and agents. E. Mutual Indemnification. The Parties are governmental entities subject to statutory and constitutional restrictions concerning the acceptance of liability. The Parties' liabilities are further governed by the Idaho Tort Claims Act. It is the intention of the Parties that each will be responsible for its own acts and omissions and those of its employees, officers, agents, and contractors. F. Survival. The provisions of this section shall survive the expiration or termination of this Compact. 14. PRE-INCID ENT PLANNING: The Commanding Officers of the Parties may, from time-to-time, meet to establish pre-incident plans that indicate that types of and locations of potential problem areas where mutual assistance may be needed, the type of equipment that should MUTUAL ASSISTANCE COMPACT BETWEEN THE CITY OF LEWISTON AND CITY OF MOSCOW-Page 5 of 10 ---PAGE BREAK--- be dispatched under such circumstances, the number peace officers that should be dispatched under such circumstances, and the training to be conducted to ensure efficient operations. Such plans shall take into consideration the proper protection by the responding Party of its own geographical location. The Parties shall take such steps as are feasible to standardize the equipment and procedures used to provide assistance under this Compact. 15. TERM AND RENEW AL: The term of this Compact shall be from the date of last signature on this Compact through September 30, 2017 ("Initial Term"). Thereafter, this Compact shall automatically renew for additional one year terms (each a "Renewal Term"), unless terminated as provided in Section 16. Each Renewal Term shall commence on October 1 and shall terminate on September 30 of the following calendar year. 16. TERMINATION: Either Party may terminate this Compact, at any time, with thirty (30) days' written notice to the other Party. A Party desiring to terminate this Compact shall serve written notice upon the other Party of its intention to terminate this Compact. Such notice shall be served no less than thirty (30) calendar days prior to the termination date set forth in the written notice. The written notice shall automatically terminate this Compact no earlier than thirty (30) days from the date of written notice and on the date specified therein unless rescinded in writing prior to the stated termination date. Termination of this Compact shall not preclude future mutual assistance compacts between the Parties. 17. NOTICES: All notices required to be given pursuant to this Compact shall be in writing and shall be deemed delivered immediately if hand-delivered or seventy-two (72) hours after depositing the same in the U.S. mail, certified or registered, postage prepaid, addressed to the respective addresses set forth below: Moscow: Chief of Police City of Moscow 118 East 4'h Street Moscow, Idaho 83843 MUTUAL ASSISTANCE COMPACT BETWEEN THE CITY OF LEWISTON AND CITY OF MOSCOW-Page 6 of 10 ---PAGE BREAK--- Lewiston: Chief of Police City of Lewiston P.O. Box 617 Lewiston, Idaho 83501 18. FILING OF COMPACT: An original of this Compact shall be filed at the administrative offices of each Party. Copies of this Compact shall be filed with Lewiston's City Clerk and Moscow's City Clerk. 19. COMPACT NOT EXCLUSIVE: This Compact is not exclusive as between the Parties. Either Party may, as it deems necessary or expedient, enter into separate mutual assistance compacts with other entities. Entry into such separate compacts shall not change any relationship or covenant herein contained unless the Parties mutually agree in writing, to such change. The Parties shall, upon the request of the other Party, inform such Party of the other mutual assistance compacts entered into and provide copies of said compacts. 20. STATE NOT LIABLE: Pursuant to Idaho Code § 67-2337, the State of Idaho and its agencies or departments shall not be liable for the acts of peace officers pursuant to this Compact. 21. CHOICE OF LAW: This Compact shall be governed by and interpreted in accordance with the laws of the State of Idaho, with venue for any action brought pursuant to this Compact to be in the Second Judicial District, in either Nez Perce County or Latah County, State of Idaho. 22. SEVERABILITY: In the event that any provision of this Compact is found for any reason to be unenforceable, the remainder of this Compact shall remain in full force and effect and shall be binding upon the Parties. 23. SURVIVAL: All covenants, conditions, indemnifications, and other elements in this Compact that might involve performance subsequent to any termination or expiration of this MUTUAL ASSISTANCE COMPACT BETWEEN THE CITY OF LEWISTON AND CITY OF MOSCOW-Page 7 of IO ---PAGE BREAK--- Compact or that cannot be reasonably ascertained or fully performed until after termination or expiration of this Compact shall survive. 24. MODIFICATIONS: This Compact may be modified or amended only by a writing duly executed by both Parties. 25. PERFORMANCE/WAIVER: The failure of a Party hereto to insist upon strict performance or observance of the terms of this Compact shall not be a waiver of any breach of any terms or conditions of this Compact by the other Party. 26. FORCE MAJEURE: Neither Party shall be liable for any failure to perform as required by this Compact to the extent that such failure to perform is caused by any reason beyond the Party's control, or by reason of any of the following: labor disturbances or disputes, accidents, failure of any required governmental approval, civil disorders, acts of aggression, acts of God, failure of utilities, mechanical shutdowns, material shortages, disease, or similar occurrences. 27. SUCCESSORS AND ASSIGNS: This Compact may not be assigned in whole or in part by either of the Parties hereto without the prior express written consent of the other Party. 28. THIRD PARTY BENEFICIARIES: Nothing contained herein shall create any relationship, contractual or otherwise, with, or any rights in favor of, any third party. Nothing contained herein shall extend the liability of either Party beyond that provided by governing law. 29. ATTORNEY FEES: In the event a controversy, claim, or action arises between the Parties to this Compact regarding the enforcement of its terms and conditions, or the breach of any of its provisions, the prevailing Party shall be entitled to recover from the other Party all costs and expenses incurred by the prevailing Party, including reasonable attorney fees, regardless of whether such controversy, claim, or action is prosecuted to judgment or appealed. 30. PUBLIC RECORDS: The Parties herein understand and acknowledge that this Compact and its attachments are subject to the Idaho Public Records Act, LC. 74-101, et seq., the MUTUAL ASSISTANCE COMPACT BETWEEN THE CITY OF LEWISTON AND CITY OF MOSCOW-Page 8 of 10 ---PAGE BREAK--- Idaho Open Meetings Act, LC. 74-201, et seq., and other applicable federal and state laws, and might be public records. 31. TERMINATION OF PREVIOUS AGREEMENT: The previous "Mutual Assistance Agreement" entered into between the Parties, dated May 10, 2004, is hereby terminated. The Parties waive the thirty (30) day written notice requirement set forth in such previous Mutual Assistance Agreement. 32. MERGER AND INTEGRATION: This writing embodies the whole agreement of the Parties. There are no promises, terms, conditions, or obligations other than those contained in this Compact. All previous and contemporaneous communications, representations, or agreements, either verbal or written, between the Parties are superseded by this Compact. IN WITNESS WHEREOF, the Parties have executed this Compact on the day and year written below. DATED this \ daykeri1hu' 2016. CITY OF LEWISTON By James.KleebĎ i.E W1s'11,,, ATI'ES1 : o . ' " # § • • · $ f SE) 1 ¤ \ - : i \ I $ £ ! © • - · . en CITY OF MOS1.W'"1TE Of ' . ,(lW . . fu I • - - / . UA/V J , r : By: ¥ . I-f (Y 1 ,ill Lambert, Mayor o ¡ ¢ : L : «::rv . . · o/ ' 'f · · · . . . . . . . . . . . MUTUAL ASSIST ACT BETWEEN THE CITY OF LEWISTON AND CITY OF MOSCOW-Page 9 of I ---PAGE BREAK--- MUTUAL ASSISTANCE COMPACT BETWEEN THE CITY OF LEWISTON AND CITY OF MOSCOW-Page 10of10