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HomeMy WebLinkAboutMutual Assistance Agreement with Elmore County Sheriff for Joint Exercise of Powers Agreement Law EnforcementLAW ENFORCEMENT MUTUAL ASSISTANCE AGREEMENT This Law Enforcement Mutual Assistance Agreement ("Agreement") is entered as of this 13t" day of September, 2011 ("Effective Date") by and between the City of Meridian and Elmore County, and each of the above entities' law enforcement departments, all being political subdivisions or governmental entities of or within the State of Idaho or the United States of America, herein referred to as "party" or "parties." Recitals: r~ A. Each of the parties hereto is a "public agency" as defined by Idaho Code Section 67-2327, and ~s therefore authorized to enter into a Joint Exercise of Powers Agreement under Idaho Code Section 67-2328, and B. Each of the parties, as a "public agency," is entering into this Agreement under and pursuant to Idaho Code sections 67-2337 and 67-2338 and by resolution or ordinance or as otherwise pursuant to law enacted by each party pursuant to Idaho Code Section 67-2328(b), and C, The Idaho Legislature has authorized cities, political subdivisions and the United States to enter into agreements for mutual aid and assistance, and for the exercise of police powers with the jurisdiction of requesting entities pursuant to such agreements, Idaho Code sections67-2337, 67-2328, and 67-2332; and D. Each of the parties hereto have an interest in law enforcement, protection, and control, and all parties have accredited police units; and E. Each of the parties own and maintain equipment and employ personnel who are trained to provide law enforcement, protection and control; and F. Each of the parties have sufficient equipment and personnel to enable it to provide such assisting services to another party under this Agreement for the Air Show as hereafter defined; and G. The Mountain Home Air Force Base is hosting the Gunfighter Skies 2011 Air Show on September 17 and 18, 2011 ("Air Show") on the Mountain Horne Air Force Base ("MHAFB"); and H. The Elmore County Sheriff's Office ("ECSO") does not have a sufficient force of officers available to handle the expected traffic control and other law enforcement matters that accompany the Air Show; and I. It would be of benefit to Elmore County, City of Mountain Home, the United States Air Force and other southwestern Idaho cities and counties for peace officers from other jurisdictions to assist with traffic control, traffic safety, respond to emergency calls, and assist in prevention, investigation, and enforcement of all laws of the State of Idaho, the City of Mountain Home and Elmore County and address any other safety issues arising during the weekend of September 17-18, 2011, during the Air Show. J. Each of the parties hereto have volunteered to assist the Elmore Count Sheriff's Office with providing traffic control, traffic safety, respond to emergency calls, and MUTUAL AID AGREEMENT BETWEEN CITY OF MERIDIAN AND ELMORE COUNTY SHERIFF'S OFFICE PAGE 10F 4 assisting with the prevention, investigation, and enforcement of all laws of the State of Idaho, the City of Mountain Home and Elmore County during the Air Show. Agreements: 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 agreed under and pursuant to Idaho Code Section 67-2328 as follows: m 1' Duration of Agreement: This Agreement shall run from 7:00 a.m. September 17 through 12:00 midnight September 18t", 2011, plus any such advance briefings, planning rneet~ngs or training sessions, if any (the "Term"). 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 the other parties for law enforcement, protection, and control for the Air Show during the Term. 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. All parties agree that it ~s 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, the purpose is to provide traffic control, traffic safety, respond to emergency calls, and assist in prevention, investigation, and enforcement of all laws of the State of Idaho, the City of Mountain Home and Elmore County for the Air Show at the direction of the ECSO, except for those matters within the MHAFB which shall be subject to those terms and conditions set forth in Section 9 of this Agreement. Each party acknowledges that it has no right to demand of another party that it provide any ~ specific assistance under any circumstances. 3. Manner of Financing and Budget: 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. Each party shall maintain workers' compensation insurance orself-insurance coverage, covering its own personnel while they are providing assistance pursuant to this Agreement. 4. Administrator of Mutual Aid: Pursuant to Idaho Code Section 67-2328(4)(1), the parties designate the elected sheriff, or chief law enforcement officer, of each party to be named to a joint board to administer this Agreement. Each board member shall receive no additional compensation other than as an employee of one of the parties. It shall be the duty of the members of the joint board as representatives of each party to coordinate all activities and mutual aid efforts of the parties for the Air Show under this Agreement. 5. Request for Assistance: By this Agreement, the ECSO has requested mutual aid assistance under this Agreement from the other parties for the Air Show. The assistance will be for traffic control, traffic safety, response to emergency calls, and assist in prevention, investigation, and enforcement of all laws of the State of Idaho, the City of Mountain Home and Elmore County for the Air Show during the Term and each party shall provide such manpower and equipment to such location(s) as such party has committed to the ECSO in the advance briefings, planning meetings and training sessions. The Elmore County Sheriff shall be the lead party under this Agreement and shall be in charge of traffic control and law enforcement activities for the Air Show outside of the MHAFB. MUTUAL AID AGREEMENT BETWEEN CITY OF MERIDIAN AND ELMORE COUNTY SHERIFF'S OFFICE PAGE 2 OF 4 6. Response to Request: All parties to the Agreement have agreed to and have commuted to provide assistance in such form and with such manpower and equipment as conveyed to the ECSO in the advance briefings, planning meetings and training sessions. If the amount of assistance thereafter vanes, the responding party shall advise the Elmore County Sheriff so that the ECSO will know of any changes to the previously committed assistance to be provided by a party. 7. Command of Equipment and Personnel: The ECSO shall have on-site command and direction of the equipment and personnel provided by all other parties hereto. The ECSO shall always keep the other parties advised as to the person who is exercising command and direction. All personnel who participate in mutual aid assistance shall be loaned servants to the ECSO, except to the extent inconsistent with this Agreement. When the mutual aid assistance is no longer needed, the ECSO shall release its command and direct that all equipment and personnel be returned to the other parties. 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 benefits of their employment. Further, as provided by Idaho Code Section 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 by the standards of the POST. 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 ECSO may request that a particular officer be removed from any circumstance or the jurisdiction and the responding entity 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 the State of Idaho 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. 9. Responsibilities of ECSO: The ECSO will work with responding officers of statutory, administrative, and procedural requirements within the jurisdiction of the Air Show and surrounding areas., Officers of the ECSO will be primarily responsible for making and processing arrests and the impounding or safeguarding of lives or propert Y within the territorial boundaries of their jurisdiction. When a responding officer while in the jurisdiction of the ECSO takes a person or property into custody, the officer shall relinquish custody of said person or property at the earliest convenience to an officer of the ECSO for disposition in accordance with the rules and policies of the ECSO. Responding officers may be called upon to provide safety and police presence on the MHAFB but such responding officers shall have no authority to make any arrest or detention on the MHAFB. MHAFB Military Security Police may provide traffic assistance but have no authority to make an arrest or detention outside of the jurisdictional boundaries of the MHAFB. 10. Cross-Deputization: By each parties' signature to this Agreement, the said parties herein authorize the cross-deputization of its officers or responding officers when operating under the terms of this Agreement to facilitate its intent. ,~ MUTUAL AID AGREEMENT BENVEEN CITY OF MERIDIAN AND ELMORE COUNTY SHERIFFS OFFICE PAGE 3 OF 4 13. Insurance: Each party to this Agreement agrees to carry and maintain a . ~ ' `comprehensive general liability policy in the minimum amount of $500,000.00, or is self insured pursuant to a risk management plan of self-insurance sufficient to protect the party. from and against any and all claims, losses, actions, and judgments for damages or injury to persons or property arising out of or in connection with its acts or performance under this Agreement. 14. Return of Equipment and Personnel: When the mutual aid assistance is no longer required, the ECSO shall notify the commanding officers of the party and the board members of the release of its command of all equipment and personnel and such personnel shall be .returned to their normal place of operation, If the parties 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 equally among the parties upon termination of this Agreement. 15. Pre-Incident Planning: The joint board and the commanding officers of the parties may from time to time in connection with the Air Show mutually establish pre-incident plans which shall indicate the type and locations of potential problem areas where mutual aid assistance may be needed for the Air Show, 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 for the Air Show, 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. The parties hereto have caused their officials to execute this Agreement effective as of the Effective Date. ELMORE OUNTY: ATTEST: By: Arlen 0. Shaw, Chairman Barbara Steele, E ore County Clerk By: Albert ofer, Commissioner ---..._. By: Wesley R, otan, Commissioner z ~_ rn~~~~~ ~ @~9~~C.~.,7P ,F ~~ CITY OF ME IAN: c} ~t"h ~r ~~ '~` rf ~ ~~ ~ ~ ~~A.. ~a ~4: ~T: f, SSW" ~ 4 p . a. ,d o. ~'0. §~,~'~ 'Fg ~t ~` Aw ! ~µ• ~~4~ ~v~ dtJ y, B s , ., t~+A. r. r "~„ may. Tammy de W er ,Mayor ~~ ~~ ..y. PLA .~layc Haman, City Clerk ~. Wr .J ~ nt, +~ ~ ~ t y~ ~ J M~ j',ltp •~.~,•1 ~t 4 a~M :r s v?~ f " ~ . ,~^ ,'~ -'oo~. ~ -av . . ~ 'rJ ~. ~Ar.A ~Y. # ~ ~• ~ / .. ~.i~ H( ~.. S 1 }f ~ n i d i -! i MUTUAL AID AGREEMENT BETWEEN CITY OF MERIDIAN AND ELMORE COUNTY SHERIFF'S OFFICE PAGE 4 OF 4