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HomeMy WebLinkAboutMutual Aid and Joint Powers Agreement with Multiple Agencies for Controlled Substances & Illicit DrugsMUTUAL AID/JOINT POWERS AGREEMENT WHEREAS, the SHERIFF'S OFFICES OF CANYON COUNTY & ADA COUNTY, IDAHO; and THE POLICE DEPARTMENTS OF THE CITIES OF NAMPA, CALDWELL, BOISE, MERIDIAN & GARDEN CITY, IDAHO, hereinafter collectively referred to as the "parties" and each individually as a "party," aze public agencies as defined and authorized by Idaho Code §§67-2326, 67-2327 & 67-2328 to enter into this Agreement; and WHEREAS, the parties desire to enter into this Mutual Aid/Joint Powers Agreement (the "Agreement"), with respect to law enforcement regazding controlled substances and illicit drugs, as authorized by Idaho Code §§67-2328 & 67-2337 and other applicable state and federal statutes and regulations; and WHEREAS, controlled substances and illicit drugs aze an ongoing and continuing law enforcement problem which frequently crosses county lines; and WHEREAS, controlled substances and illicit drugs continue to have a serious negative impact on the citizens and communities in both Ada and Canyon Counties; and WHEREAS, the Ada County Sheriff's Office, the Canyon County Sheriffis Office, the Boise Police Department, Caldwell Police, Nampa Police, Meridian Police and Gazden City Police cooperate in atwo-county drug enforcement effort; and WHEREAS, it will benefit the taxpayers of both Ada and Canyon Counties to establish a cooperative law enforcement program to combat controlled substances and illicit drugs; and WHEREAS, the parties desire to be able to voluntarily assist each other, when needed, by the exchange of law enforcement services and facilities; and MUTUAL AID/JOINT POWERS AGREEMENT - 1 WHEREAS, each party owns and maintains equipment and employs personnel to perform their respective duties and responsibilities; and WHEREAS, each party has sufficient equipment and personnel to enable it to provide assistance to the other parties under this Agreement; and WHEREAS, the geographical boundaries of each party aze located in such a manner as to enable each party to render mutual aid assistance to another under this Agreement; and WHEREAS, it is the purpose of this Agreement to permit the parties to make the most efficient use of their powers by cooperating to their mutual advantage and, thereby, provide services and facilities in a manner that will accord best with geographic, economic, population, and other factors influencing the needs and development of the local community. NOW, TIIEREFORE, the parties agree as follows: Section 1. Definitions. (a) "Party" or "parties" mean the Sheriff's Offices of Canyon County & Ada County, Idaho; and the Police Departments of the cities of Nampa, Caldwell, Boise, Meridian & Gazden City, Idaho, or such entities acting by their respective law enforcement agencies if the context so requires; (b) "Requesting Party" means any party requesting law enforcement assistance from any other party; (c) "Assisting Party" means any party rendering law enforcement assistance to a requesting party; (d) "Voluntary Assistance" means a party working on controlled substance and/or illicit drug investigations in the other party's jurisdiction which is related to a criminal investigation in the jurisdiction of the parry offering voluntary assistance; MUTUAL AID/JOINT POWERS AGREEMENT - 2 (e) "Chief Law Enforcement Officer" means that person who is a department or agency head with peace officer jurisdiction or his/her duly authorized representative having primary responsibility for law enforcement within the jurisdiction or territory, whether designated by appointment or election; (fj "Officer" means any sworn peace officer directly employed by the parties hereto or a reserve officer. The term "officer" includes all persons temporarily assigned by a parry. Section 2. Puruose. The purpose of this Agreement is to obtain maximum efficiency in cooperative law enforcement operations through mutual assistance within each party's jurisdiction pursuant to the terms of this Agreement in regard to controlled substances and illicit drugs. The duty of each party under this Agreement is discretionary, but each parry agrees that it will provide such assistance to the extent it determines that it has sufficient equipment and personnel to provide the requested assistance as described in this Agreement. All parties agree that the purpose of this Agreement is not to provide normal and usual law enforcement duties for the other party. Each parry acknowledges that it has no right to demand assistance of another party. Section 3. Duration of Agreement. This Agreement shall continue in full force and effect until any party terminates this Agreement pursuant to Section 14 of this Agreement. Section 4. Administration of Mutual Aid/Joint Powers Agreement. This Agreement shall be administered by athree-member board comprised of the Canyon County Sheriff, the Ada County Sheriff, and the Chief of Police of one of the Police Departments which are a parry to this Agreement beginning with the Chief of Police of the Meridian Police Department. Both Sheriffs shall serve continuously from the Effective Date of this Agreement MUTUAL AID/JOINT POWERS AGREEMENT - 3 as set forth in Section 17(c) hereof; the third member Chief of Police shall serve atwo-year term commencing with the Effective Date of this Agreement as set forth in Section 17(c) hereof and, at the conclusion of said two-year term, replaced with the next successive Chief of Police as hereinafter set forth, to-wit: Meridian Garden City Nampa Caldwell Boise The board shall meet at least annually and at any other time, subject to the call of the Chairman of the board. Section 5. Consent to Extension of Peace Officer Authoritv. The respective Chief Law Enforcement Officers of each of the parties hereby severally consent that the authority as a peace officer of the officers of each and every other party hereto, in regard to investigations concerning controlled substances and illicit drugs, is extended into the jurisdiction or territory of such consenting Chief Law Enforcement Officer as follows: (a) To officers while assigned to narcotics andlor gang detectives of the parties. (b) To any officers when requested by such Chief Law Enforcement Officer or senior ranking officer on duty. (c) Upon recognition by an officer of a situation or circumstance within the jurisdiction or territory of the parties to this Agreement which requires law enforcement action or other emergency action. The party whose officer is performing such voluntary assistance shall notify the party within whose territory or jurisdiction the voluntary assistance is being rendered as required by I.C.67-2337(5). General control of officers acting outside their original MUTUAL AID/JOINT POWERS AGREEMENT - 4 jurisdiction is addressed in Section 7 of this Agreement. In situations where prior notice is not practical, full notice will be provided for as soon as possible. (d) On those occasions when an officer of a party is working on a law enforcement case in the city or county of another party, the officer will enjoy full powers of investigation and arrest consistent with I. C. 67-2337. ( e) When an officer of a party enters the jurisdiction of another party to work on drug cases in the jurisdiction of the other party, the officer shall notify the nazcotics supervisor of the destination jurisdiction of his/her presence and intentions. (f) In all instances of assistance, whether requested or voluntary, the assisting party may render any such assistance as it can give consistent with its own law enforcement needs at the time. In all instances of assistance, whether requested or voluntary, the assisting parry may at any time and at its discretion withdraw such assistance when it becomes obvious to the assisting parties' senior ranking officer that they aze needed in their own jurisdiction. All assistance rendered under the authority of this section shall be within Ada County and Canyon County. Section 6. Request Procedure. Requests for mutual aid shall be made through presently established communications systems such as telephone, police radio, or teletype. Responses for law enforcement mutual aid outlined in this Agreement shall be within the territorial limits of Ada County and Canyon County. Requests for assistance involving major occurrences which may require a lazge number of officers, resources, or a considerable expenditure of time shall be made to an officer of command status of the assisting party as defined by the assisting agency's departmental policy manual. MUTUAL AID/JOINT POWERS AGREEMENT - 5 Section 7. Control in Request-Assistance Oaerations. Officers of the requesting party will be primarily responsible for making and processing arrests and the impounding and/or safeguarding of lives or property within the territorial boundaries of its jurisdiction. When an assisting officer, while in the requesting jurisdiction, takes a person or property into custody, he or she shall relinquish custody of said person or property at the earliest convenience to an officer of the requesting party for disposition in accordance with the laws of the requesting jurisdiction. Property subject to forfeiture will be handled in accordance with Idaho Code §§37-2744 and 37-2744A. Officers of the assisting party who are subpoenaed to court as a direct or indirect result of providing assistance shall honor all subpoenas by the requesting jurisdiction. Each party shall bear all costs and pay all compensation associated with their officers in answering subpoenas or making court appearances. Section 8. Resaonsibility for Damages. Each party shall assume complete liability for damages, claims, expenses or injuries resulting from the conduct of or caused by its officers under this Agreement pursuant to Idaho Code Section 67-2337(4). Section 9. Standard of Conduct. Each party providing assistance shall maintain the standards of professional conduct of a peace officer as required by Idaho law. Section 10. Financing and Personnel. There shall be no joint financing of activities under this Agreement. 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 MUTUAL AID/JOINT POWERS AGREEMENT - 6 employees who provide mutual aid assistance under this Agreement for another parry. Each party shall independently budget for expected expenses under this Agreement. Officers of the assisting party shall not be considered employees of the requesting party. Each parry shall be responsible for all wages, salaries, benefits, insurance and workers' compensation for their respective officers. Section 11. Provision of Eauinment. In rendering mutual law enforcement assistance, each party shall be responsible for the provision and maintenance of its own equipment, materials, and supplies except in cases of emergency wherein it appears to the officers or employees immediately involved that the sharing or use of equipment owned or furnished by another parry or parties is necessary or proper. Each parry shall bear the costs for any damage done to equipment owned by the party while it is being transported to the place of assistance, while it is used at the place of assistance whether by the party or another party, or while it is being returned after the assistance, to the extent it is not covered by the insurance of the party providing it. However, if a party is requesting use of another party's equipment without the involvement of officers from the assisting party in deployment and utilization of said equipment, then the requesting party shall be responsible for any damage done to the equipment during transport, use or return to the extent it is not covered by the insurance of the party providing it. Due to the nature of this Agreement, it is not contemplated that there will be a need to acquire, hold, and/or dispose of any real or personal property in the exercise of this Agreement, except as provided for in this section. Section 12. Re orts. After occurrences wherein mutual law enforcement assistance was required and given, all participating parties shall make an exchange of all reports arising out of such operation; MUTUAL AID/JOINT POWERS AGREEMENT - 7 provided, however, that nothing in this section shall purport to waive, limit or remove the duties of confidentiality imposed or allowed by law as to any such reports or the contents thereof. The narcotics reports shall be sent to the narcotics detective's supervisor of the other party upon report completion. Section 13. Review of Agreement. The parties may review this Agreement on a regular basis or as needed to evaluate the sufficiency of the Agreement in addressing the needs of the parties. The parties may make any desired changes in this Agreement provided they are mutually agreed upon and documented in writing. Section 14. Voluntary Termination. This Agreement may be voluntarily terminated in whole or in part as to any party hereto on notice by the party given in writing to all other parties hereto not less than thirty (30) days in advance of the contemplated termination. Parties agree to cooperate and participate in the prosecution of any cases which arose under this Agreement and prior to any termination of this Agreement. Section 15. Joint Law Enforcement Operations Included. Any joint law enforcement operations, present or future, in which the facilities, equipment, or personnel of any of the parties to this Agreement are utilized shall be deemed within the purview of this Agreement and be subject to all provisions hereof unless otherwise provided for by the specific agreement among the parties thereto. Additional or supplemental joint operations, joint powers and mutual aid agreements entered into by any of the parties to this Agreement may be added to this Agreement and attached as addendums hereto. All such addendums so added shall merge with this Agreement and be considered a part hereof. If any MUTUAL AID/JOINT POWERS AGREEMENT - 8 conflicts arise between the main body of this Agreement and the terms of the addendums hereto, the conflict shall be resolved by giving precedence to the terms of the addendum, unless such precedence would result in a violation of law. Section 16. Pre-Incident Planning. The commanding officers and other individuals designated by them may from time to time mutually establish pre-incident plans which shall indicate the type and locations of potential problem azeas 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 various possible circumstances and the number of personnel that would be dispatched under certain circumstances. In addition, the parties may engage in mutual training sessions to promote 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. Section 17. Miscellaneous. (a) Nothing in this Agreement shall be construed as either limiting or extending the lawful jurisdiction of any party hereto other than as expressly set forth herein; (b) Appropriate officials of the pazties may promulgate such written operation procedures in implementation of this Agreement as to them appeaz desirable; (c) This Agreement shall be effective upon the execution of the original by the parties hereto and upon one original being deposited with the keeper of the records of each of the parties hereto. For purposes of this Agreement, said Effective Date is , 2008; (d) All law enforcement powers, all of the privileges and immunities from liability, exemptions from law, ordinances and rules, all pension, relief, disability, workers' compensation MUTUAL AID/JOINT POWERS AGREEMENT - 9 and other benefits which apply to the activity of officers, agents or employees when performing their respective functions within the territorial limits of their respective political subdivisions shall apply to diem to the same degree and extent while engaged in the performance of any of their functions and duties extraterritorially under the provisions of the Agreement. (e) This Agreement does not create a separate legal entity. IN WITNESS WHEREOF, the respective parties have given their respective consents and do execute this Agreement by and through their legal representative, who are authorized to execute this Agreement on behalf of that party. CANYON COUNTY SHERIFF'S OFFICE C._. Smith, Sheriff NAMPA POLICE DEPARTMENT ,~- Bill Augsb er, Chief of Police ADA COUNTY SHERIFF'S OFFICE Bye /3 Gary e heri CALDWELL POLICE DEPARTMENT By: Chris Allgood, Cj ief of Police BOISE POLICE DEPARTMENT By: Mi a Masterson Chief of Police POLICE DEPARTMENT By: Bensley, Chief of MERIDIAN POLICE DEPARTMENT By: ~l Jeff ey ~' ief of Police DepardnentiMutual Aid Joint Powers Agreement 2008 rev.10 7 08.doc MUTUAL ATD/JOINT POWERS AGREEMENT - 10 MUTUAL AID/JOINT POWERS AGREEMENT WHEREAS, the SHERIFF'S OFFICES OF CANYON COUNTY & ADA COUNTY, IDAHO; and THE POLICE DEPARTMENTS OF THE CITIES OF NAMPA, CALDWELL, BOISE, MERIDIAN & GARDEN CITY, IDAHO, hereinafter collectively referred to as the "parties" and each singly as a "party," aze public agencies as defined by Idaho Code §67-2327 and aze authorized by Idaho Code §67-2328 to enter into this Agreement; and WHEREAS, the parties desire to enter into this Mutual Aid/Joint Powers Agreement (the "Agreement"), with respect to law enforcement regarding illegally controlled substances and illicit drugs, as authorized by Idaho Code §§67-2328 & 67-2337 and other applicable state and federal statutes and regulations; and WHEREAS, illegal controlled substances and illicit drugs aze an ongoing and continuing law enforcement problem which frequently crosses county lines; and WHEREAS, illegal controlled substances and illicit drugs continue to have a serious negative impact on the citizens and communities in both Ada and Canyon Counties; and WHEREAS, the Ada County Sheriffs Office, the Canyon County Sheriffs Office, the Boise Police Department, Caldwell Police, Nampa Police, Meridian Police and Gazden City Police cooperate in atwo-county drug enforcement effort; and WHEREAS, it will benefit the taxpayers of both Ada and Canyon Counties to establish a cooperative law enforcement program to combat illegal controlled substances and illicit drugs; and MUTUAL AID/JOINT POWERS AGREEMENT - 1 WHEREAS, the parties desire to be able to voluntarily assist each other, when needed, by the exchange of law enforcement services and facilities; and WHEREAS, each party owns and maintains equipment and employs personnel to perform their respective duties and responsibilities; and WHEREAS, each party has sufficient equipment and personnel to enable it to provide assistance to the other parties under this Agreement; and WHEREAS, the geographical boundaries of each party are located in such a manner as to enable each party to render mutual aid assistance to another under this Agreement; and WHEREAS, it is the purpose of this Agreement to permit the parties to make the most efficient use of their powers by cooperating to their mutual advantage and, thereby, provide services and facilities in a manner that will accord best with geographic, economic, population, and other factors influencing the needs and development of the local community. NOW, TIIEREFORE, the parties agree as follows: Section 1. Definitions. (a) "Party" or "parties" mean the Sheriff's Offices of Canyon County & Ada County, Idaho; and the Police Departments of the cities of Nampa, Caldwell, Boise, Meridian & Gaxden City, Idaho, or such entities acting by their respective law enforcement agencies if the context so requires; (b) "Requesting Party" means any party requesting law enforcement assistance from any other party; (c) "Assisting Party" means any party rendering law enforcement assistance to a requesting parry; MUTUAL AID/JOINT POWERS AGREEMENT - 2 (d) "Voluntary Assistance" means a party working on an illegal controlled substance and/or illicit drug investigations in the other party's jurisdiction which is related to a criminal investigation in the jurisdiction of the party offering voluntary assistance; (e) "Chief Law Enforcement Officer" means that person who is a department or agency head with peace officer jurisdiction or his/her duly authorized representative having primary responsibility for law enforcement within the jurisdiction or territory, whether designated by appointment or election; (f) "Officer" means any sworn peace officer directly employed by the parties hereto or a reserve officer. The term "officer" includes all persons temporarily assigned by a party. Section 2. Purpose. The purpose of this Agreement is to obtain maximum efficiency in cooperative law enforcement operations through mutual assistance within each party's jurisdiction pursuant to the terms of this Agreement in regard to illegally controlled substances and illicit drugs. The duty 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 as described in this Agreement. All parties agree that the purpose of this Agreement is not to provide normal and usual law enforcement duties for the other party. Each party acknowledges that it has no right to demand assistance of another party. Section 3. Duration of Agreement. This Agreement shall continue in full force and effect until any party terminates this Agreement pursuant to Section 14 of this Agreement. MUTUAL AID/JOINT POWERS AGREEMENT - 3 Section 4. Administration of Mutual Aid/Joint Powers Agreement. This Agreement shall be administered by athree-member boazd comprised of the Canyon County Sheriff, the Ada County Sheriff, and the Chief of Police of one of the Police Departments which are a party to this Agreement beginning with the Chief of Police of the Meridian Police Department. Both Sheriffs shall serve continuously from the Effective Date of this Agreement as set forth in Section 17(c) hereof; the third member Chief of Police shall serve atwo-yeaz term commencing with the Effective Date of this Agreement as set forth in Section 17(c) hereof and, at the conclusion of said two-yeaz term, replaced with the next successive Chief of Police as hereinafter set forth, to-wit: Meridian Gazden City Nampa Caldwell Boise The board shall meet at least annually and at any other time, subject to the call of the Chairman of the boazd. Section 5. Consent to Extension of Peace Officer Authority. The respective Chief Law Enforcement Officers of each of the parties hereby severally consent that the authority as a peace officer of the officers of each and every other party hereto, in regazd to investigations concerning illegally controlled substances and illicit drugs, is extended into the jurisdiction or territory of such consenting Chief Law Enforcement Officer as follows: (a) To nazcotics and gang detectives of the parties. (b) When requested by such Chief Law Enforcement Officer or senior ranking officer on duty. MUTUAL AID/JOINT POWERS AGREEMENT - 4 (c) Upon the recognition by any such officer of a situation or circumstance within the jurisdiction or territory of the parties to this Agreement which requires law enforcement action or other emergency action. The party whose officer is performing such voluntary assistance shall notify the party within whose territory or jurisdiction the voluntary assistance is being rendered. General control of officers acting outside their original jurisdiction is addressed in Section 7 of this Agreement. In situations where prior notice is not practical, full notice will be provided for as soon as possible. (d) On those occasions when an officer from either party is working on a law enforcement case in the county of the other party, they will enjoy full powers of investigation and arrest consistent with Idaho Code Section 67-2337. ( e) When an officer enters the jurisdiction of the other party to work on drug cases in the jurisdiction of the other party, the officer shall notify the narcotics supervisor of the destination jurisdiction of his/her presence and intentions. (f) In all instances of assistance, whether requested or voluntary, the assisting party may render any such assistance as it can give consistent with its own law enforcement needs at the time. In all instances of assistance, whether requested or voluntary, the assisting party may at any time and at its discretion withdraw such assistance when it becomes obvious to the assisting parties' senior ranking officer that they aze needed in their own jurisdiction. All assistance rendered under the authority of this section shall be within Ada County and Canyon County. Section 6. Reauest Procedure. Requests for mutual aid shall be made through presently established communications systems, telephone and police radio, or teletype. Responses for law enforcement mutual aid outlined in this Agreement shall be within Ada County and Canyon County. MUTUAL AID/JOINT POWERS AGREEMENT - 5 Requests for assistance involving major occurrences which may require a large number of officers, resources, or a considerable expenditure of time shall be made to an officer of command status of the assisting party as defined by the assisting agency's departmental policy manual. Section 7. Control in Request-Assistance Operations. Officers of the requesting party will be primarily responsible for malting and processing arrests and the impounding and/or safeguarding of lives or property within the temtorial boundaries of its jurisdiction. When an assisting officer, while in the requesting jurisdiction, takes a person or property into custody, he or she shall relinquish custody of said person or property at the earliest convenience to an officer of the requesting party for disposition in accordance with the laws of the requesting jurisdiction. Property subject to forfeiture will be handled in accordance with Idaho Code §§37-2744 and 37-2744A. Officers of the assisting party who are subpoenaed to court as a direct or indirect result of providing assistance shall honor all subpoenas by the requesting jurisdiction. Each party shall bear all costs and pay all compensation associated with their officers in answering subpoenas or making court appearances. Section 8. Resuonsibility for Damages. Each party shall assume complete liability for damages, claims, expenses or injuries resulting from the conduct of or caused by its officers under this Agreement pursuant to Idaho Code Section 67-2337(4). Section 9. Standard of Conduct. Each party providing assistance shall maintain the standards of professional conduct of a peace officer as required by Idaho law. MUTUAL AID/JOINT POWERS AGREEMENT - 6 Section 10. Financing and Personnel. There shall be no joint financing of activities under this Agreement. 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 expected expenses under this Agreement. Officers of the assisting party shall not be considered employees of the requesting party. Each party shall be responsible for all wages, salaries, benefits, insurance and workers' compensation for their respective officers. Section 11. Provision of Eauinment. In rendering mutual law enforcement assistance, each party shall be responsible for the provision and maintenance of its own equipment, materials, and supplies except in cases of emergency wherein it appears to the officers or employees immediately involved that the sharing or use of equipment owned or furnished by another party or parties is necessary or proper. Each party shall bear the costs for any damage done to equipment while it is being transported to the place of assistance, while it is used at the place of assistance, or while it is being returned after the assistance, to the extent it is not covered by the insurance of the party providing it. However, if a party is requesting use of another party's equipment without the involvement of officers from the assisting parry in deployment and utilization of said equipment, then the requesting party shall be responsible for any damage done to the equipment during transport, use or return to the extent it is not covered by the insurance of the party providing it. Due to the nature of this Agreement, it is not contemplated that there will be a need to acquire, MUTUAL AID/JOINT POWERS AGREEMENT - 7 hold, and/or dispose of any real or personal property in the exercise of this Agreement, except as provided for in this section. Section 12. Reports. After occurrences wherein mutual law enforcement assistance was required and given, all participating parties shall make an exchange of all reports arising out of such operation; provided, however, that nothing in this section shall purport to waive, limit or remove the duties of confidentiality imposed or allowed by law as to any such reports or the contents thereof. The narcotics reports shall be sent to the narcotics detective's supervisor of the other party upon report completion. Section 13. Review of Agreement. The parties may review this Agreement on a regular basis or as needed to evaluate the sufficiency of the Agreement in addressing the needs of the parties. The parties may make any desired changes in this Agreement provided they are mutually agreed upon and documented in writing. Section 14. Voluntary Termination. This Agreement may be voluntarily terminated in whole or in part as to any party hereto on notice by the parry given in writing to all other parties hereto not less than thirty (30) days in advance of the contemplated termination. Parties agree to cooperate and participate in the prosecution of any cases which arose under this Agreement and prior to any termination of this Agreement. Section 15. Joint Law Enforcement Operations Included. Any joint law enforcement operations, present or future, in which the facilities, equipment, or personnel of any of the parties to this Agreement are utilized shall be deemed MUTUAL AID/JOINT POWERS AGREEMENT - 8 within the purview of this Agreement and be subject to all provisions hereof unless otherwise provided for by the specific agreement among the parties thereto. Additional or supplemental joint operations, joint powers and mutual aid agreements entered into by any of the parties to this Agreement may be added to this Agreement and attached as addendums hereto. All such addendums so added shall merge with this Agreement and be considered a part hereof. If any conflicts arise between the main body of this Agreement and the terms of the addendums hereto, the conflict shall be resolved by giving precedence to the terms of the addendum, unless such precedence would result in a violation of law. Section 16. Pre-Incident Planning. The commanding officers and other individuals designated by them 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 various possible circumstances and the number of personnel that would be dispatched under certain circumstances. In addition, the parties may engage in mutual training sessions to promote 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. Section 17. Miscellaneous. (a) Nothing in this Agreement shall be construed as either limiting or extending the lawful jurisdiction of any party hereto other than as expressly set forth herein; (b) Appropriate officials of the parties may promulgate such written operation procedures in implementation of this Agreement as to them appear desirable; MUTUAL AID/JOINT POWERS AGREEMENT - 9 (c) This Agreement shall be effective upon the execution of the original by the parties hereto and upon one original being deposited with the keeper of the records of each of the parties hereto. For purposes of this Agreement, said Effective Date is 2008; (d) All law enforcement powers, all of the privileges and immunities from liability, exemptions from law, ordinances and rules, all pension, relief, disability, workers' compensation and other benefits which apply to the activity of officers, agents or employees when performing their respective functions within the temtorial limits of their respective political subdivisions shall apply to them to the same degree and extent while engaged in the performance of any of their functions and duties extraterritorially under the provisions of the Agreement. (e) This Agreement does not create a separate legal entity. IN WITNESS WHEREOF, the respective parties have given their respective consents and do execute this Agreement by and through their legal representative, who are authorized to execute this Agreement on behalf of that party. CANYON COUNTY SHERIFF'S OFFICE By: Chris Smith, Sheriff NAMPA POLICE DEPARTMENT By: Bill Augsburger, Chief of Police ADA COUNTY SHERIFF'S OFFICE By: Gary Raney, Sheriff CALDWELL POLICE DEPARTMENT By: Chris Allgood, Chief of Police MUTUAL AID/JOINT POWERS AGREEMENT - 10 .. BOISE POLICE DEPARTMENT Mike Masterson, Chief of Police By: GARDEN CITY POLICE DEPARTMENT MERIDIAN POLICE DEPARTMENT By: Jeff Lavey, Chief of Police By: James Bensley, Chief of Police ja/W:\WorkWWampa\Police Departrnent\Mutual Aid Joint Powers Agreement 2008 rev.l 8 28 08.doc e MUTUAL AID/JOINT POWERS AGREEMENT - 11