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MUTUAL ASSISTANCE AGREEMENT Washington State University City of Moscow This Mutual Assistance Agreement is entered into this day of 'frL,v , 199 I, by and between Washington State University, a political subdivision of/the Stlte of Washington; and the City of Moscow, a municipal corporation of the State ofldaho (hereinafter referred to individual as the ENTITY, collectively as the ENTITIES) WHEREAS, each of the ENTITIES has law enforcement responsibilities and duties imposed by state law and have created police departments for law enforcement (hereinafter referred to individually as AGENCY, collectively as the AGENCIES); WHEREAS, each of the ENTITIES has determined that the cooperative provision of law enforcement assistance across jurisdictional lines in emergencies will enhance the ability of each to preserve the safety and welfare of the entire geographic area; WHEREAS the ENTITIES are located in a geographic area which will allow quick response to law enforcement emergencies; and WHEREAS, the ENTITIES are authorized by Idaho Code Section 67-2328 and 67-2337 and by 39.34 of the Revised Code of Washington to enter into intergovernmental agreements for law enforcement purposes; NOW, THEREFORE, THE ENTITIES AGREE TO THE FOLLOWING L RI<:OUESTS FOR ASSISTANCE: When an emergency involving the safety or welfare of person or property exists within the jurisdiction of either of the ENTITIES and assistance is needed or desired, the ENTITY or its AGENCY shall notifY the other AGENCY of such emergency and the need for law enforcement assistance. Such assistance shall be rendered according to the procedures of the AGENCY requesting assistance until such time as there is a plan developed by the ENTITIES, after which each AGENCY and its employees shall render assistance in accordance to the plan. II. ADMINISTRATION A There shall be created a Board consisting of representatives from each AGENCY The Board shall be responsible for the administration of this Agreement. The Board shall select a chairman who shall be responsible for the conduct of the Board's meetings. The Board shall meet at least twice during the year. INTERGOVERNMENTAL AGREEMENT Page I 97-29 ---PAGE BREAK--- B. The Board shall develop an operational plan for the providing of mutual assistance under this Agreement The plan shall indicate the procedures to be followed in responding to a request for assistance. The Board shall review the plan annually. Any amendments to the operational plan shall not be effective until approved in writing by the ENTITIES. IlL RESPONSIBILITIES OF ENTITIES A. Participation of ENTITIES in acttvittes and operations governed by this Agreement is voluntary. Participation of ENTITIES in activities and operations governed by this Agreement does not create any employer/employee relationship nor does it create any property rights. B. Direction and control over any investigation or activity covered by this Agreement shall be the responsibility of the ENTITY in whose jurisdiction the investigation or activity occurs. C AGENCIES shall complete reports of investigations and activities on a timely and accurate basis. Records kept in regard to investigations and activities shall be kept by the ENTITY with jurisdiction over the investigation or activity The release of such documents, if any, shall comport to the legal requirements of the jurisdiction of the ENTITY in custody of such records. No records shall be released without written authorization from the entity in whose jurisdiction the investigation or activity occurred. D Press releases concerning investigations and activities conducted by ENTITIES under this Agreement shall be made by the ENTITY with jurisdiction over the investigation or activity. Prior to the release of any information, the ENTITY with jurisdiction should consult with the other ENTITY and the AGENCIES participating in the investigation or activity E. The ENTITIES and their respective personnel operating under the authority of this Agreement shall comply with the provisions of Idaho Code Section 67-2337, entitled Extra Territorial Authority of Peace Officers and Revised Code of Washington 10.93.090 which gives peace officers reciprocal police powers while performing duties outside of their normally recognized jurisdictional boundaries. Law enforcement officers of the ENTITIES operating under said extension of authority shall comply with all the statutory conditions specified in the Idaho or Washington statute, whichever is applicable. With the exception of investigations or activities initiated in their jurisdiction and those investigations and activities initiated under this or other mutual aid agreements, personnel of ENTITIES shall not be assigned to duties outside their AGENCY's jurisdiction Extended duties covered under this Agreement outside an ENTITY'S jurisdiction shall require approval of the Chief of Police or his or her designee. F. Officers of the ENTITIES shall conduct themselves as professional law enforcement officers. Officers shall adhere to their respective AGENCY's policies and procedures concerning personnel matters, conduct, use and care of equipment, and IN"TERGOVERNMENT AL AGREEMENT Page 2 ---PAGE BREAK--- performance of duties. Acts of actual or alleged misconduct shall be reported to the appropriate law enforcement head in accordance with the respective AGENCY's policies and procedures. Investigation, action and/or discipline taken with regard to actual or alleged misconduct, if any, shall be the responsibility of the accused officer's AGENCY. IV. LIABILITY AND COSTS: A. Each ENTITY shall waive any and all claims which can be brought against the other ENTITY hereto which may arise out of activities outside of the ENTITY's respective jurisdiction while participating in any activity or investigation covered under this Agreement B. Each ENTITY shall hold harmless the other ENTITY from any and all claims made by third parties for property damage or personal injury which may arise out of the activities of their respective jurisdiction while participating in activities or investigations covered under this Agreement C Each ENTITY shall be liable for the acts and omissions of any of its officers, agents, and employees acting under this Agreement D. The ENTITIES shall be individually responsible for all costs associated with providing assistance under this Agreement and shall make no claim against any other AGENCY or ENTITY for reimbursement of expenses incurred. V. FINANCING: There is not hereby created any separate legal or administrative entity as might be provided by Chapter 39.34 RCW, or by Idaho Code Section 67-2328. There shall be no joint or cooperative acquiring, holding and disposing of real or personal property as allowed in RC.W 39.34 030(4)(b) or by Idaho Code Section 67-2328(b) and each party hereto shall be responsible for their separate obligations and financing hereunder, including, if applicable, establishing and/or maintaining budgets therefor. VI. DOCUMENT CONTROL- EXECUTION: A duplicate original of this Agreement shall be filed at the administrative offices of each ENTITY and AGENCY. Copies of this Agreement shall be filed with the Moscow City Clerk and the Whitman County Auditor prior to its entry into force. VII. IMPLEMENTATION AND TERMINATION: Upon such filing requirements being accomplished as set forth in paragraph VI, this Agreement shall be effective when approved and executed by the Washington State University Board of Regents and the Mayor of City of Moscow, Idaho. INTERGOVERNMENTAL AGREEMENT Page 3 ---PAGE BREAK--- VIII TERMINATION AND TERM: A. Termination and withdrawal of participation from this Agreement by either ENTITY shall be in written form, signed by the Washington State University President or Mayor of City of Moscow, Idaho, and a copy given to the other ENTITY thirty (30) days prior to the date of termination and withdrawal. B. This Agreement shall remain in effect until terminated as set forth in paragraph VIII(A) or amended by agreement of the ENTITIES. IN WITNESS WHEREOF, the ENTITIES have executed this Agreement on the date above written. WASHINGTON STATE UNIVERSITY By d