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LAW ENFORCEMENT MUTUAL ASSISTANCE COMPACT AGREEMENT THIS AGREEMENT entered into between Latah County, Idaho, and the City of Moscow, Idaho, a Municipal corporation of the State of Idaho and each of the above entities' law enforcement depanments, all being political subdivisions, or governmental entities, of or within the State of Idaho, herein referred to as "party" or "parties." WITNESSETH: WHEREAS each party is entering into this Agreement under and pursuant to Idaho Code 67- 2337;and WHEREAS each pmty hereto has m1 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 situation or event, one of the parties may need the assistance of the other party to provide law enforcement, protection, and control; and WHEREAS each party believes that it has sufficient equipment and personnel to enable it to provide such assisting services to the other party under this Agreement based upon an emergency, catastrophe, situation, or event during which one of the parties may need the assistance of the other party to provide law enforcement, protection, and control; and WHEREAS the geographical boundaries of each requesting or responding pany 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 aid assistance between the parties, it is hereby mutually agreed as follows: I. DURATION OF AGREEMENT: This Agreement shall not be effective until 1t ts approved by the official or public agency having powers of control for each party. It shall continue in full force and etiect until either party terminates this Agreement by thirty (30) days prior written notice to all other affected parties. LAW ENFORCEMENT MUTUAL ASSISTANCE COMPACT AGREEMENT: Page 2000-74 ---PAGE BREAK--- 2. PURPOSE- MUTUAL AID ASSISTANCE: The purpose of this Agreement is to permit the parties to cooperate to their mutual advantage, providing services and equipment to provide mutual aid assistance to other parties for law enforcement, protection, and control in the case of an emergency, catastrophe, or situation or event in which one of the parties may need the assistance of the other party to provide law enforcement, protection, and controL The dnty of each party under this Agreement is 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 and each party will exercise a good faith effort to provide such assistance. Both parties agree that it is not the purpose of this Agreement to provide the normal and usual law enforcement, police protection, and police patrol which it performs as a public agency. 3. MANNER OF FINANCING AND BUDGET: There shall be no joint financing of activities under this Agreement except by wTitten amendment of this Agreement between the respective parties regarding a specific event or occurrence. No compensation shall be due and owing for services rendered and equipment furnished under this Agreement by a party. 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 reasonably anticipated expenses under this Agreement. 4. ADMINISTRATOR OF MUTUAL AID: Pursuant to Idaho Code 67-2328(d)(l the Latah County Sheriff and the Moscow Chief of Police are hereby named to a joint board to administer this Agreement. Each board member shall receive no additional compensation other than as an employee of his or her respective agency. It shall be the duty of the members of the joint board as representative of each party to coordinate all activities and mutual aid efforts of the parties under this Agreement. 5. REQUEST FOR ASSISTANCE: Any request for mutual aid assistance under this Agreement shall be made to the highest ranking available ofticial of the responding law enforcement agency by the highest ranking official of the requesting law enforcement agency who is available at the time the assistance is needed. The request may be oral, which shall be confirmed in writing if requested by either party, 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 the assistance is requested. LAW ENFORCEMENT MUTUAL ASSISTANCE COMPACT AGREEMENT: Page ---PAGE BREAK--- 6. RESPONSE TO REQUEST: The party requested to provide mutual aid assistance shall respond to the request as soon as possible and shall notify the requesting party of the assistance that can be provided. The response may be orally conveyed, but it shall be confirmed in writing if requested by either party. If the responding party agrees to provide mutual aid assistance, it shall also notify the requesting party as to the equipment and personnel which shall be engaged in the assistance and the name of the person who will be in charge of providing the assistance. If the amount of assistance thereafter varies, the responding party shall notify the requesting party so that the requesting party will know what assistance is 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, the senior ranking member of the responding agency shall report to the command post or emergency operating center and shall coordinate with the senior ranking member of the requesting agency. The 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 be responsible to their own team command subject to their own agency's rules and procedures which will prevail without exception, and the officer in charge or team commander shall retain full authority to assign, deploy or initiate action nuder the direction of the incident commander. The responding agency shall have the authority to refuse, restrict, or terminate its involvement in an operations. All personnel who participate in mutual aid assistance shall be loaned servants to the party requesting the assistance, except to the extent inconsistent with this Agreement. Personnel who participate in mutual aid assistance shall remain the employee of their employer for all purposes, including, but not limited to, the payment of wages and their entitlement to the henefits of their employment. Further, as provided by Idaho Code § 67-2338, all of the privileges and immunities from liability, exemptions from 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 OF CONDUCT: Each officer providing assistance shall maintain the standards of professional conduct as required hy the standards of their own agency. It shall be the sole duty, privilege, and responsibility of the entity employing an officer to determine if there has been any breach of professional standards and to carry out 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 request as soon as practicable. At all times, the responding officers will be assigned duties customarily and lawfully performed by law enforcement officers of their respective jurisdictions and there shall be due and usual regard given to the personal safety of the officers and public consistent with the needs or circumstances and the law enforcement problem being addressed. LAW ENFORCEMENT MUTUAL ASSISTANCE COMPACT AGREEMENT: Page ---PAGE BREAK--- 9. RESPONSIBILITIES OF THE PARTIES: A. The requesting agency will assign personnel to advise responding 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 the impounding or safeguarding of lives or property within the territorial boundaries of their jurisdiction. A law enforcement officer from a responding agency who makes an arrest or impounds property while in the jurisdiction of the requesting agency shall take the person or property at the earliest convenience to an oflicer of the requesting agency for disposition unless otherwise directed by the incident commander or his/her designee. 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 requesting agency and no records shall be released without WTitten authorization from the requesting agency. D. Press releases concerning investigations and conducted under this Agreement shall be made by the requesting agency. 10. LIABILITY: The original employing party shall have, retain and assume complete liability for all of the acts of its persormel and the operation of its equipment undeJ; this Agreement. 11. 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 12. INSURANCE: Each party to this Agreement agrees to carry and maintain a comprehensive general liability policy in the minimum amount of Five Hundred Thousand Dollars ($500,000.00) to protect the party from and against any and all claims, losses, actions, and judgment for damages or injury to persons or property arising out of or in connection with its acts or performance under this Agreement. 13. RETURN OF EQUIPMENT AND PERSONNEL: When the mutual aid assistance is no longer required, the requesting party shall notify the joint board member of the release of its command of all equipment and personnel and such shall be returned to their normal place of operation. If the agencies jointly purchase real or personal property to perform under this Agreement, the control of that property shall be under the direction of the joint board and shall be divided among the parties upon termination of this Agreement. LAW ENFORCEMENT MUTUAL ASSISTANCE COMPACT AGREEMENT: Page ---PAGE BREAK--- 14. PRE-INCIDENT PLANNING: The joint board and the commanding ofiicers 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 assistance under this Agreement. 15. This Agreement is not intended to and does not create a new independent legal or administrative entity. Property and personnel provided by each party to this Agreement shall remain the property and personnel of each party providing such property and personnel. 16. Nothing in this Agreement shall restrict, minimize or alter the constitutional and/or statutory authority and obligations pursuant to which each party provides law enforcement or related services to its respective government entity. 17. This Agreement supcrcedes the prior Mutual Aid Agreement between the parties hereto which was approved by Latah County on December 15, 1997. IN WITNESS WHEREOF, the parties hereto have caused their officials to execute this Agreement in quintuplicate originals. LATÝCOUNTY By(£/ ' ,7U71'%&'()ittL Loreca Stauber,' Chair v ATTEST: * * * LAW ENFORCEMENT MUTUAL ASSISTANCE COMPACT AGREEMENT: Page ---PAGE BREAK--- Jeffrey A. Latah Co * * * Authorizing Resolution No. * * * icipal corporation of the State of Idaho DATED this 3"11. day of 2000. /Daniel Weaver Chief of Police, Moscow Police Department LAW ENFORCEMENT MUTUAL ASSISTANCE COMPACT AGREEMENT' Page