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5. Law Enforcement Mutual Aid Agreement with City of Billings0-1 KALISPELL POLICE DEPARTMENT 1 2 1 �T AVEEAST — F0 Box 1 97 — KAUSFELL , MT 59903 E-NIA€L..- -KDK L jSF1E L.00 REPORT: Honorable Mayor and City Council FROM: Frank Garner, Chief of Police SUBJECT: Mutual Aid Agreement MEETING DATE: January 5, 2004 "Policing 1''/ - BACKGROUND: The Kalispell Police Department will be entering into a mutual aid agreement with the Billings Police Department. This agreement would allow us to utilize one of their officers during specialized investigations if we find it necessary. RECOMMENDATIONS: The council should approve the mutual aid agreement. FISCAL EFFECTS. As indicated in the agreement. ALTERNATIVES: As recommended by Council. Respectfully submitted, a Garner Chief of Police Chris Kukulski City Manager FRANK GARNER, CHIEF OF POLICE & ROGERKRA-us, AsssiSTANT CHIEF OF POL-SCE LAW ENFORCEMENT MUTUAL AID AGREEMENT THIS AGREEMENT is entered into as of the day of January, 2004, between the City of Kalispell and the City of Billings, pursuant to Title 44, Chapter 11, Montana Codes Annotated (1985); Article I, Section 10, United States Constitution; and 4 U.S.C. 112. 1. Parties. The following law enforcement agencies are parties to this agreement; The Kalispell City Police Department and The Billings City Police Department 2. Definitions: a. "Party" means one of the governmental entities named above or such entities acting by their respective law enforcement agencies if the context so requires. b. "Requesting Party" means either party requesting law enforcement assistance from the other party. c. "Assisting Party" means either party rendering law enforcement assistance to the requesting party. d. "Chief Law Enforcement Officer" means that the person who is a department or agency head with peace officer jurisdiction, or his duly authorized representative having the primary responsibility for law enforcement within the jurisdiction, whether designated by appointment or selection. e. "Officer" means any sworn peace officer directly employed by the person's particular governmental entity as described by that governmental entity's personnel roster. 3. Duration. This agreement shall remain in full force and effect until the 151h day of June 2004 or unless terminated earlier by one of the parties pursuant to paragraph 7 or as provided by the laws and regulations of either party to this agreement. In all instances of assistance, the assisting party may render any such assistance as it can give consistent with its own law enforcement needs and policies at the time. 4. Nature of Separate Legal Entity: No separate legal entities are created by this contract. LAW ENFORCEMENTMUTUAL AID AGREEMENTPage I of 4 5. Purpose of Agreement. It is the purpose of this agreement to permit the parties hereto to provide mutual aid and assistance which transcends jurisdictional boundaries and which insures the prompt and effective delivery of law enforcement and emergency services to areas that, due to geographic remoteness, population sparsity and economic and other factors, are in need of an increased law enforcement presence. It is further desirable that the parties hereto should voluntarily assist each other by the interchange of law enforcement services and facilities, to cope with the problems of the emergency protection of life and property, and as otherwise necessary for the public health, welfare, safety and well-being. Accordingly, it is both necessary and desirable that the cooperation agreement be executed for the interchange of such mutual aid on an inter -jurisdictional basis. It is specifically the purpose of this agreement for the Billings Police Department to "loan" one of its sworn law enforcement officers to the Kalispell Police Department for special service for the duration described in paragraph 3. 6. Manner of Financing Agreement. The City of Kalispell agrees that during the term of the specific law enforcement officer's special duty with the Kalispell Police Department, the City of Kalispell shall pay that officer's wages and benefits as well as any costs and expenses of the special duty. 7. Termination and Disposition of Property. This agreement may be voluntarily terminated in whole or in part by either party on notice given in writing to the other party. Upon such termination, all property not owned by one of the parties which is in its custody or possession shall be returned to the other party. S. Administration of Agreement. For purposes of administration of this agreement, the Chief Law Enforcement Officer of each agency that is a party to this agreement is hereby designated to communicate and cooperate on regular basis as needed to effectuate this agreement. 9. Acquisition and Disposition of Property. In rendering mutual law enforcement assistance, each party shall be responsible for the provision of its own equipment, materials and supplies except in the case of emergency, where it appears to the officers or employees inrmediately involved, that the sharing or use of equipment loaned or furnished by the other party is necessary or proper. 10. Minimum Standards for Law Enforcement Personnel. No individual officer of either agency shall be authorized or commissioned to issue summons or make an arrest on behalf of the other agency unless that officer shall: a. have met the Peace Officer Standards and Training (P.O.S.T.) requirements for certification as a bona fide full-time peace officer and have written proof of this certification; and b. have met the minimum standards set forth for qualification with the agency's jurisdiction. LAW ENFORCEMENT :MUTUAL AID AGREEMENT Page 2 of 4 No authority shall be denied to any officer solely for reason of that officer's race, creed, color, sex, or national origin. 11. Liability of Parties. A law enforcement entity requesting assistance under 44-11-401 (MCA) shall indemnify the assisting peace officer, his legal representative in case of death, or the furnishing law enforcement entity for any liability or obligation to indemnify created by 2-9-305 (MCA) that may result from the assistance furnished. Each party shall have the right of contribution against the other to the extent of liability caused by the other's employees in activities creating joint liability. Officers of the assisting party shall not be considered employees of the requesting party under any circumstances. 12. Insurance: Each party to this agreement shall provide the minimum insurance required by law and by the Montana Municipal Insurance Authority. 13. Enforcement Authority. A peace officer, while on a request for assistance pursuant to this agreement has the same powers, duties, rights, privileges, and immunities as a peace officer of the requesting agency. 14. Reports. After occurrences in which mutual law enforcement assistance was required and given, the parties shall exchange all reports arising out of such operation. Nothing in this section shall purport to waive, limit, or remove confidentiality imposed or allowed by law in regard to any such reports or the contents of the reports. 15. Control in Request of Assistance Operation. The requesting party shall have and exercise general control of directing members of the assisting party to places where they are needed. However, the commanding officer for the assisting party shall be responsible for exercising ultimate control over his forces in response to the general directions of the requesting party. The requesting party will assign, at its earliest convenience, personnel to advise responding officers of statutory, administrative and procedural requirements within the jurisdiction of the occurrence. Officers of the requesting party will be primarily responsible for making and processing arrests and the impounding and safeguarding of lives and property within the territorial boundaries of their jurisdiction. When a responding officer, while in the requesting jurisdiction, takes a person or property into custody, he/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 agency. Officers of the assisting party, who are subpoenaed to court as a direct or indirect result of providing services pursuant to this agreement, shall honor all subpoenas by the requesting party. 16. Right of State in Actions involving Agreements. In any case of controversy involving performance or interpretation of liability under a mutual aid agreement, entered into between one or more law enforcement agencies of political subdivisions of this state, the parties to the agreement are the real parties in interest. LAW ENFORCEMENT MUTUAL AID AGREEMENT Page 3 of 4 17. Agreement Not to Relieve Agency of Duties. This agreement does not relieve either law enforcement agency of any duty imposed upon it by law. 18. Limitation of Powers. Except for the right granted by this agreement to jointly exercise powers, this agreement does not authorize either party to exercise any power that it is not otherwise authorized to exercise. 19. Miscellaneous. a. Nothing in this agreement shall be construed to either limit or extend the jurisdiction of either party other than expressly set forth. b. Appropriate officials of the parties may promulgate such written operational procedures to implement this agreement as appear desirable. c. All law enforcement powers. All of the privileges and immunities from liability, exemptions from law, ordinances and rules, and all pension, disability, workers' compensation, and other benefits which apply to the activities of officers, agents, or employees when performing their respective functions within the territorial 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 extraterritorial under the provisions of this agreement. CITY OF KALISPELL Frank Garner Chief of Police Chris Kukulski City Manager Charles A. Harball City Attorney CITY OF BILLINGS Ron Tussing Chief of Police Kristoff Bauer City Administrator Brent Brooks City Attorney LAW ENFORCEMENT V1UTUAL, AID AGREEMENT Page 4 of 4