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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 of ldaho (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: L CONTRACT ADMIN1STRATORS 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 or her designee) or Incident Commander of the party responding to an emergency within the MUTUAL ASSISTANCE AGREEMENT Page l of 5 ao r\-t ---PAGE BREAK--- boundaries of that party's geographical jurisdiction ("Requesting Party") is authorized to request assistance from the other party to this Agreement as follows: 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 Officer 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, and C. if the Prosecuting Attorney and the Chief of Police, pursuant to Idaho Code §31- 2227, determine that assistance is needed from Moscow City Officers. III 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 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 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 COMMfu"lD 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; MUTUAL ASSISTANCE AGREEMENT Page 2 of 5 ---PAGE BREAK--- 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. v 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 otÒ or are directly attributable to the command decisions or judgment of the Requesting Party VL 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 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. VII 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 therefor, irrespective of whether or not said peace officers and equipment are being used within the area of primary responsibility of that party. MUTUAL ASSISTANCE AGREEMENT Page 3 of 5 ---PAGE BREAK--- J VITI. INSURANCE Each party agrees to maintain adequate insurance coverage for its own equipment and peace officers. IX. 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 therefor. 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. X DOCUMENT CON!ROL - EXECUTION 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. XL 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. XII. 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. MUTUAL ASSISTANCE AGREEMENT Page 4 of5 ---PAGE BREAK--- XIII. 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. This Agreement shall remain in full fOije and effect until January I, 2004, unless sooner terminated as follows: * A. A party desiring to terminate this Agreement shall serve written 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 forth in said written notice. The written notice shall automatically terminate this Agreement on the date specified therein unless rescinded prior thereto in writing. B. Termination of the relationship effected by this Agreement shall not preclude future agreements for mutual aid between the parties. 11 'A DATED this l day I9'i(: CITY OF LEWISTON Approved as to Form: l d . F· , / City Attorney Agreements\Lewiston Mutua! Assistance Agreement\tb MUTUAL ASSISTANCE AGREEMENt Page 5 of 5