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INTERGOVERNMENTAL AGREEMENT (EMERGENCY LAW ENFORCEMENT ASSISTANCE) THIS AGREEMENT is made by and between the CITY OF PULLMAN, a municipal corporation of the state of Washington, and the CITY OF MOSCOW, an Idaho municipal corporation, pursuant to the lnterlocal Cooperation Act (Chapter 39.34 RCW) and the Washington Mutual Aid Peace Officers Powers Act (Chapter 10.93 RCW), and Sections 67-2327 through 67-2329, and 67-2337, Idaho Code. RECITALS WHEREAS, the Parties hereto have law enforcement departments (hereinafter referred to as "Participating Agencies" or "Agency") staffed with trained personnel to carry out the law eforcement responsibilities and duties within their respective territorial jurisdictions; and, WHEREAS, emergencies may arise within the territorial jurisdiction of one of the parties when law enforcement assistance from the other party would benefit the peace, safety, and welfare of either or both of the parties; and, WHEREAS, the geographical location of the parties to each other allows a cooperative response to law enforcement emergencies within the territorial jurisdiction of each other; NOW, THEREFORE: OPERATIVE PROVISIONS IT IS HEREBY AGREED as follows: 1. PURPOSE: The parties hereto agree that each Participating Agency is hereby authorized to and may respond with law enforcement personnel and equipment to a request for assistance within the territorial jurisdiction of the other Participating Agency in emergency situations, when doing so would benefit the peace, safety, and welfare of either or both of the Participating Agencies, and would not jeopardize the peace, safety, and welfare within the territorial jurisdiction of the responding Participating Agency, and PAGEl ---PAGE BREAK--- local intrastate law enforcement personnel and/or equipment is unavailable or insufficient to meet the needs of the requesting Participating Agency, and the requesting Participating Agency is requesting law enforcement assistance for emergency situations such as: those involving an immediate threat to human life or property of such magnitude as to be beyond the capabilities of the Participating Agencies singly, or (ii) civil disorder, riot, or the potential thereof, which threatens the ability of a Participating Agency to maintain peace and order, or (iii) incidents of disaster, natural or otherwise, which may require the isolation of geographical areas to facilitate rescue or to prevent access to vulnerable property. It is not the purpose of this Agreement to authorize law enforcement personnel of a Participating Agency to perform general, usual, or routine law enforcement functions within the territorial jurisdiction of the other Participating Agency, except as may be necessary in or incidental to responding to a request for assistance in an emergency situation. 2. ADMINISTRATION This cooperative Agreement shall be administered by a board composed of the Chief of Police of each of the Participating Agencies. The Board shall develop an operational plan for providing emergency law enforcement assistance authorized by this Agreement. The operational plan shall provide that only the Chief of Police of a requesting Participating Agency may request emergency law enforcement assistance under this Agreement, or in the absence of the Chief of Police a designee named by title of position held with the requesting Participating Agency. that only the Chief of Police 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 of Police a designee named by title of position held with the responding Participating Agency. that law enforcement personnel responding to a request for emergency assistance meet reasonable training or certification standards comparable to those required of law enforcement personnel employed by the requesting Participating Agency. PAGE2 ---PAGE BREAK--- that the plan shall be reviewed by the Board, and updated if necessary, at least once each calendar year. that any liability or claim of liability which arises out of the exercise or alleged exercise of authority by law enforcement personnel acting within the course and scope of his or her duties as a peace officer under this Agreement is the responsibility of the commissioning Participating Agency. that supervision over law enforcement personnel of a Participating Agency responding to a request for emergency law enforcement assistance may be temporarily delegated to the requesting Participating Agency if the Chief of Police of the responding Participating Party or his or her designee named by title approves; provided, however, the delegation of temporary supervision shall not affect or diminish the responsibility of the responding Participating Agency for the ultimate direction, control, and supervision of law enforcement personnel while temporarily supervised by the requesting Participating Agency. Any liability or claim of liability which arises out of the exercise or alleged exercise of authority by law enforcement personnel of the responding Participating Agency acting within the course and scope of his or her duties under this Agreement while being temporarily supervised by the requesting Participating Agency is the responsibility of the responding Participating Agency. for such other procedures as the Board considers appropriate in order to effect the purpose of this Agreement, which procedures shall be consistent with and not in derogation of the provisions of this Agreement, and Chapter 10.93 RCW as now existing and in accordance with any amendments that may hereafter be made thereto, and Section 67-2337, Idaho Code, as now existing and in accordance with any amendments that may hereafter be made thereto. 3. FINANCING. The services performed and expenditures made by each of the Participating Agencies under this Agreement are deemed to be for public and governmental purposes. Each Participating Agency shall be responsible for and bear all its costs associated with its participation in this Agreement, and shall make no claim for reimbursement against the other Participating Agency for expenses for personnel, equipment, damage, claims, or other expenditure, liability, or contingent liability of any nature whatsoever. 4. PROPERTY. The parties do not intend that a Participating Agency will acquire any real or personal property solely as a result of this Agreement. If any real or personal property is acquired and held by a Participating Agency solely as a result of this Agreement, it shall be the property of the acquiring Participating Agency and disposed of as that Participating Agency in its sole discretion considers appropriate. 5. EFFECTIVE DATE, ENTRY INTO FORCE AND DURATION. This Agreement shall be effective when the last signatory approves and executes this PAGE3 ---PAGE BREAK--- Agreement; and pursuant to the provisions of 39.34.040 RCW, this Agreement shall enter into force as to the City of Pullman when it has been filed with city clerks of the City of Pullman and the City of Moscow, the Auditor of Whitman County, Washington, the Secretary of State for the state of Washington and the Secretary of State for the state of Idaho; and shall enter into force and become binding as to the City of Moscow when an opinion of the Attorney General of the state of Idaho has been rendered or failed to be rendered to the effect that this Agreement does not violate the provisions of the Constitution of the United States or the Idaho Constitution and statutes, and notification of said opinion has been given all parties as provided in Section 67-2329, Idaho Code. Once in force, this Agreement shall remain in force until January 1, 1996, unless sooner terminated as hereinafter provided. 6. TERMINATION A party, as opposed to a Participating Agency, desiring to terminate this Agreement may do so by serving written notice upon the other party of its intention to terminate this Agreement. Such notice shall be served on the City Clerk for the other Party not less than thirty (30) calendar days prior to the termination date set forth in said written notice. The written notice shall automatically terminate this Agreement on the date specified therein unless rescinded prior thereto in writing. Termination of this Agreement shall not preclude future agreements for emergency law enforcement assistance between the parties. 7. AGREEMENT NOT EXCLUSIVE This Agreement is not intended to be exclusive as between the parties hereto. Either of the parties hereto may, as that party deems necessary or expedient, enter into a separate law enforcement 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. 8 .MODIFICATION. This Agreement shall not be modified or extended except in writing mutually agreed to between the parties hereto. Such modifications or extensions shall not be effective and binding until the filing requirements of 39.34.040 RCW and Section 67-2329, Idaho Code as those sections now exist or may hereafter be amended have been satisfied. PAGE4 ---PAGE BREAK--- IN WITNESS WHEREOF, the parties have executed this Agreement as authorized by resolution of their respective legislative bodies as set forth below. CITY OF PULLMAN, a municipal corporation of the state of Washington Date executed: 2- 13-91 Authorizing Resolution No. R-9-91 ATTEST: Finance Director CITY OF MOSCOW, an Idaho Municipal Corporation Paul C. Agidius, Mayor Date executed: siB /U I Authorizing Resolution No. V- t?,.3 ATTEST: City Clerk PAGES ---PAGE BREAK--- LARRY ECHOHAWK ATIORNEY GENERAL STATE OF IDAHO OFFICE OF THE ATIORNEY GENERAL BOISE 83720·1000 March 5, 1991 The Honorable Pete T. Cenarrusa Secretary of State STATEHOUSE MAIL RE: MOSCOW, IDAHO AND PULLMAN, WASHINGTON RECIPROCAL AGREEMENT Dear Mr. Cenarrusa: - J 11 L.'J TELEPHONE (208) 334-2400 TELECOPIER (208) 334-2530 NATURAL RESOURCES TELECOPIEA (208) 334-2690 We have reviewed the above-referenced agreement pursuant to Idaho Code § 67-2329. We find that the agreement does not violate the provisions of the Constitution of the United states, or the Idaho Constitution and statutes. DGH/mkf Sincerely, DAVID G. HIGH Deputy Attorney General Chief, Business Regulation and State Finance Division ---PAGE BREAK--- city of moscow March 15, 1991 City of Pullman P.O. Box 249 Pullman, WA 99163 P. 0. BOX 9203 122 EAST FOURTH ST. MOSCOW, IDAHO B3B43-1703 TELEPHONE BB2-5553 AREA CODE: 20B . • ' Enclosed are two originals of the Intergovernmental Agreement for Emergency Law Enforcement Assistance between the City of Pullman and the City of Moscow. We have kept one of the originals for our records. Also enclosed is a copy of a letter of March 5 from David G. High of the Idaho Office of the Attorney General. If you need anything else on this please let me know. Sincerely, Elaine Russell, CCCFO City Clerk/Deputy Treas. encs. . ---PAGE BREAK--- RESOLUTION NO. R- 9 -91 . JAMES REP!', COUNTY AuDiTOR WHITIIIAH COUIH't'. WASil . ' j mn ' · . · I ( t,v A RESOLUTION AUTHORIZING THE EXECUTION OF A INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF PULLMAN AND THE CITY OF MOSCOW FOR THE PURPOSE OF PROVIDING MUTUAL-AID SERVICES. WHEREAS, the city Council for the city of Pullman has before it an intergovernmental agreement for the provision of mutual-aid services with the City of Moscow which is attached hereto and marked as Exhibit and, WHEREAS, this Council believes it to be in the best interests of the city of Pullman to authorize the execution of said intergov ernmental agreement; now, therefore, IT IS HEREBY RESOLVED that the Mayor and the Finance Director be and they are hereby authorized and directed to execute the intergovernmental agreement attached hereto and marked as Exhibit and to deliver an executed copy thereof to the city of Moscow. IT IS FURTHER RESOLVED that the Mayor and Finance Director are each hereby authorized and directed to take such further action as may be appropriate in order to effect the purpose of this Resolu tion and the intergovernmental agreement authorized thereby. ADOPTED by the City Council of the City of Pullman at a regular meeting held on the 12th day of February , 1991. DATED this ' ' 1 3th daY of et _ 1991.