Full Text
City of MUTUAL ASSISTANCE AGREEMENT THIS AGREEMENT is made by and between the CITY OF MOSCOW, a Municipal Corporation of the State of Idaho, and CITY OF LEWISTON, a Municipal Corporation of the State ofldaho (under the authority ofldaho Code §67-2332 and §67-2337). WHEREAS, each of the parties hereto has an interest in crime prevention and/or other emergency support; and 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, or detection of crimes; and WHEREAS, in the event of an emergency, either party may need the assistance of the other party to this Agreement to provide supplemental control and/or other emergency support in the prevention, investigation, or detection of crimes; and 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 to this Agreement in the event of an emergency situation; and WHEREAS, the facilities of each party to 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 terms of this Agreement to carry out the purposes and functions described above and in consideration of the benefits to be received and the mutual covenants exchanged herein by each of the parties, it is hereby agreed as follows: I. CONTRACT ADMINISTRATORS The CITY OF MOSCOW, Chief of Police, and the CITY OF LEWISTON Chief of Police shall jointly serve as contract administrators. II. REQUEST FOR ASSISTANCE Pursuant to Idaho Code §67-2337, the Commanding Officer, (Chief of Police or his/her designee) or Incident Commander of the party responding to an emergency within the boundaries of that party's geographical jurisdiction ("Requesting Party") is authorized to request assistance from the other party to this Agreement as follows: MUTUAL ASSISTANCE AGREEMENT Page I of6 2004-22 ---PAGE BREAK--- A. if confronted with an emergency situation at which the Requesting Party determines it has need for equipment or peace officers in excess of that available at the Requesting Party's facilities, and B. if such Commanding Otlicer or Incident Commander possesses probable cause to believe a crime is occurring involving a felony or an immediate threat of serious bodily injury or death to any person, IlL RESPONSE TO REQUEST Upon receipt of a request as provided for in Paragraph No. II of this Agreement, the Commanding Officer of the party receiving the request ("Responding Party") shall immediately take the following action: 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 what available peace officers 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 Responding Party's Commanding Officer shall dispatch such equipment and peace officers to the scene of the emergency with proper operating instructions; and D. In the event the requested equipment and/or peace officers are not available, the Responding Party's Commanding Officer shall immediately advise the Requesting Party of such fact. E. Department Rules, polices and procedures governing the Responding Party will prevail, without exception. The Responding Party shall have the authority to refuse, restrict or terminate its involvement in an operation. IV. STANDARD OF CONDUCT Each peace ofticer providing mutual aid to the requesting department shall maintain the standards of professional conduct required by the officer's current departmental polices and procedures. MUTUAL ASSISTANCE AGREEMENT Page 2 of6 ---PAGE BREAK--- It shall be the sole duty and responsibility of the officer's employing department to determine if there has been any breach of professional standards. V. COMMAND RESPONSIBILITY AT EMERGENCY SCENE The Incident Commander of the Requesting Party 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 officer in charge of the Responding Party. If the Incident Commander of the Requesting Party specifically requests a senior peace officer of the Responding Party to assume command, then the Incident Commander of the Requesting Party shall not, by relinquishing command, be relieved of responsibility for the operation. VI. LIABILITY Each party hereto agrees to assume responsibility for liabilities arising out of the actions of its own peace officers and to hold the other party hereto harmless therefrom as to actions relating to the performance under this Agreement; providing, however, that the Requesting Party shall assume liability for and hold harmless all other parties from any and all liabilities which arise out of, or are directly attributable to the command decisions or judgment of the Requesting Party. In the event the Commanding Officer of the Responding Party determines officers and/or equipment are not available to assist the Requesting Party, the Responding Party shall not be liable to the Requesting Party or any other person for any dan1ages resulting from its non-response. VII. PROCEDURES Custody procedures after arrest shall be governed by the arresting officer's current department policies and procedures, unless the requesting party have put in place acceptable arrest practices to deal with the incident (such as mass arrest procedures). Vlll. POST-RESPONSE RESPONSIBILITY A. Upon the completion of rendering aid the participating parties shall render such assistance and help as is necessary to locate and return any items of equipment to the party owning said equipment. All equipment used and peace officers who responded under the terms of this Agreement shall be returned to the Responding MUTUAL ASSISTANCE AGREEMENT Page 3 of6 ---PAGE BREAK--- Party after release by the Requesting Party, or upon the Responding Party's demand for return of said equipment and peace officers. B. Circumstances surrounding any actual exercise of peace officer authority outside the territorial limits of the CITY OF MOSCOW or CITY OF LEWISTON shall be reported, as soon as safety conditions allow, to the party having jurisdiction and the peace officer shall relinquish authority and control over any event to the party having jurisdiction. IX. COMPENSATION Each party agrees that it will not seek from the other party compensation for services rendered under this Agreement. Each party hereto shall at all times be responsible to its own peace officers for the payment of wages and other compensation and for carrying workers' compensation upon said peace officers. Each party shall be responsible for its own equipment and shall bear the risk of loss therefore, irrespective of whether or not said peace officers and equipment are being used within the area of pnmary responsibility of that party. X. INSURANCE Each party agrees to maintain adequate insurance coverage for its own equipment and peace officers. XI. ADMINISTRATION AND FINANCING There is not hereby created any separate legal or administrative entity as might be provided by Idaho Code §67-2328. Unless separately agreed to by the parties to this Agreement, there shall be no joint or cooperative acquiring, holding and disposing of real or personal property as allowed by Idaho Code §67-2328(b). Each party to this Agreement shall be responsible for financing its separate obligations hereunder, including, if applicable, establishing and/or maintaining budgets therefore. Further, the administration of this Agreement shall be performed by each party separately through the CITY OF MOSCOW. Chief of Police and the CITY OF LEWISTON, Chief of Police. XII. DOCUMENT CONTROL- EXECUTION MUTUAL ASSISTANCE AGREEMENT Page 4 of6 ---PAGE BREAK--- An original of this Agreement shall be filed at the administrative offices of each party. Copies of this Agreement shall be filed with the Moscow City Clerk, by the CITY OF MOSCOW, and with the Lewiston City Clerk, by the CITY OF LEWISTON. XIII. AGREEMENT NOT EXCLUSIVE This Agreement is not intended to be exclusive as between the parties. Either of the parties may, as that party deems necessary or expedient, enter into separate mutual assistance agreement or agreements with any other party or parties. Entry into such separate agreements shall not change any relationship or covenant herein contained, unless the parties hereto mutually agree in writing to such change. The parties agree, upon the request of the other party to this Agreement, to inform such party of such other mutual assistance agreements that they enter into, and to provide copies of such agreements if requested. XIV. STATE NOT LIABLE Pursuant to Idaho Code §63-2337, the State of Idaho and its agencies or departments shall not be liable for the acts of peace officers for acts done under a mutual assistance compact created under this section. XV. TERMINATION AND EFFECTIVE DATES This Agreement shall become effective after all parties have signed this Agreement and the Agreement has been filed as required by law. A party desiring to terminate this Agreement shall serve 'Mitten notice upon the other party of its intention to terminate this Agreement. Such notice shall be served not less than thirty (30) calendar days prior to the termination date set for in said written notice. The written notice shall automatically terminate this Agreement on the date specified therein unless rescinded prior thereto in writing. XVI. DURATION This agreement shall commence and take effect on 2004, and continue from year to year thereafter. This agreement may be modified at any time by mutual consent of the parties hereto. Any participating agency to this agreement may withdraw upon the giving of thirty (30) days written notice to the other participating agenCies. MUTUAL ASSISTANCE AGREEMENT Page 5 of6 ---PAGE BREAK--- ATTEST: - ' CJTY OF MOSCOW For Randall D. Fife, City Attorney MUTUAL ASSISTANCE AGREEMENT CITY OF LEWISTON Bl/})l$rv'l, r::?<:zc.w/v , Janice Vassar, City Manager / ATTEST: Rebecca O'Connor, City Clerk App d o Fêry/ ( /g r