The McPherson Sheriff’s Department has submitted a letter of understanding identifying the County Of Ellsworth as an emergency assistance provider in the event of a Critical Incident, for McPherson County.
Ellsworth Correctional Facility is available to McPherson County on a 24 hour a day, seven (7) day a week. The Ellsworth Correctional Facility can provide a clean-up work crew comprised of minimum custody inmates supervised by facility staff. Ellsworth has also provided a list of supplies they have available in the event of a crisis.
The intent of the Ellsworth Correctional Facility is to provide local communities with assistance in dealing with floods, tornado damage, and fire clean up.
SUPPORT AGENCY - STATEWIDE OR LOCAL
LETTER OF UNDERSTANDING:
STATEMENT OF PURPOSE:
The purpose of this letter of understanding is to identify the services, personnel, and/or equipment that can be made available by the Ellsworth Correctional Facility to McPherson County in response to a Critical Incident occurring in McPherson County. This letter of understanding is developed to provide a general overview of the Ellsworth Correctional Facility's capabilities to respond to a Critical Incident in your jurisdiction and does not necessarily guarantee that any or all of the services, personnel or equipment will be available at all times.
REQUEST FOR ASSISTANCE:
In the event of a Critical Incident in McPherson County, the Ellsworth Correctional Facility will be contacted by the person so designated to notify or request resources.Requests for assistance of the Ellsworth Correctional Facility will be made by calling the Ellsworth Correctional Facility at (785) 472-5501. Authorization for assistance must be granted by the Warden or designee.
At the time of the request for Critical Incident Assistance, the Ellsworth Correctional Facility will be provided information about:
The nature of the Critical Incident.The assistance needed.The location to which they are to respond.The person to whom they are to report to upon arrival.
SCOPE OF ASSISTANCE
Ellsworth Correctional Facility is available to McPherson County on a 24 hour a day, seven (7) day a week basis or as listed in the document.The Ellsworth Correctional Facility work crew will be comprised of minimum custody inmates supervised by facility staff.The Ellsworth Correctional Facility will provide meals and basic tools for the crew, as well as transportation to and from the site.
The personnel available by the Ellsworth Correctional Facility to McPherson County are as follows: Ellsworth Correctional Facility will provide staff and resources as requested, provided it is mutually recognized that Ellsworth Correctional Facility hereto owes its primary allegiance and services to its own area.
Detail supervisor(s)/Minimum custody work crew(s)
Security, safety, and liability concerns require that some restrictions may be placed on the use of the Ellsworth Correctional Facility work crew. The restrictions are as follows:
Requests for a detail will be limited to emergency situations. Inmates assigned to a detail may not work in an area that places them in imminent danger. Work conditions in which alcohol and/or drugs are accessible. Work conditions where inmates are exposed to hazardous materials. Work conditions where inmates are utilized for primary fire fighting. Work conditions where firearms, ammunition, or other weapons, are accessible. Inmates shall not be required to work in weather for which issued clothing does not provide adequate protection.
Inmates shall be required to work when people in the community with similar jobs and clothing are at work in the same weather.
Ellsworth Correctional Facility staff shall supervise all inmates. Inmates will not be allowed to enter a private residence.
Ellsworth Correctional Facility shall be responsible for the costs and expenses for any injury resulting to any inmate while said inmate is assigned to a detail providing assistance to McPherson County.
The equipment available by the Ellsworth Correctional Facility to McPherson County is as follows:
* -extra inmate boots
* -extra clothing (jump suits)
* I -generator light set
* I -chain saws/gas/oil/extra chains
* -hygiene items
*- insect repellant
LIST EQUIPMENT RESOURCES
8 -square point shovels
8 -round point shovels
1 -fire blanket
2 -100' extension cords
1 -first aid kit
2 -5' wrecking bars
2 -fire extinguishers
4 -5 gallon water jugs
1 -hi-lift jack
8 -safety glasses
24 —vests orange safety
3 -ropes - 100'
2 -safety harness with D rings
8 -training manual, etc., for power tools
1 -pair —jumper cables
2 -pair — tin snips
1 —First aid kit
2 -20' log chains
4 -Inmate working signs
4 —poles support
1- portable toilet
I-tarp blue 10'x12'
I-box ear plugs
* -sun block
*2-flashlights with extra batteries
* Will be pulled from existing stock as needed.
The Incident Commander will designate an individual to coordinate the Ellsworth Correctional Facility's assistance and needs in response to the Critical Incident.
This individual will coordinate with Ellsworth Correctional Facility concerning all security needs, which may include, but not limited to, access to facilities, and protection of personnel.
McPherson County will work with the Ellsworth Correctional Facility to identify and arrange for the availability of Radio and/or Telephone connections at each incident site to facilitate on scene communications with the Ellsworth Correctional Facility.
The Incident Commander is the ultimate authority in response to a Critical Incident. The Incident Commander will work closely with the Ellsworth Correctional Facility to coordinate their response.The designated County of McPherson Public Information Officer shall consult with Ellsworth Correctional Facility/Public Information Officer prior to the release of information.Unless either party gives written notice to the other party of its' intent to terminate this agreement, this agreement will be on-going and remain in effect from year to year.
Ellsworth Correctional Facility is a public safety agency that may provide emergency services.
McPherson County is a county government agency that may require emergency assistance through various public safety agencies and departments.
The parties agree not to call for assistance unless it is of an emergency nature and circumstances exist where the county's normal resources will be insufficient to address the emergency condition.The authority in charge of the support agency shall be the sole judge of the extent and amount of assistance to be furnished under the circumstances of each particular case. It is agreed that the parties shall not be liable in any manner to each other; the party's agents, employees, or servants; or any third party for a failure or refusal to give requested assistance.
Officers of the Ellsworth Correctional Facility response team per K.S.A, 75-5247a. possess law enforcement powers within the scope of their duties of law enforcement necessary for the performance of those duties anywhere in the state of Kansas. When providing law enforcement support the requesting jurisdictional agency shall provide the specific duties and support requested, and the Ellsworth Correctional Facility shall advise of their capabilities to support the request. The jurisdictional agency will be the agency in charge of the operation and give any orders for law enforcement duties to be carried out under their control. Supervision of the department of corrections staff shall remain under the secretæ-y of corrections or designee.
75-5247a. Powers and duties of corrections officers. The warden of any correctional institution within the Kansas department of corrections, all deputy wardens, all persons on the staff of the department of corrections who are in the chain of command from the secretary of corrections to the corrections officer and every corrections officer, regardless of rank, while acting within the scope of their duties as employees of the department of corrections, shall possess such powers and duties of a law enforcement officer as are necessary for the performance of such duties and may exercise such powers and duties anywhere within the state of Kansas. Such powers and duties may be exercised outside the state of Kansas for the purpose of maintaining custody, security and control of any prisoner or inmate being transported or escorted by anyone authorized to so act. Such employees of the department of corrections shall be responsible to and shall be at all times under the supervision and control of the secretary of corrections or the secretary's designee.
Equipment or personnel provided pursuant to this agreement is subject to the following conditions:
The Ellsworth Correctional Facility's operational units shall be under the immediate supervision of the Ellsworth Correctional Facility's designated representative.
The Ellsworth Correctional Facility shall be released by the county when, in the judgment of the Incident Commander and the correctional facility representative, the services of the Ellsworth Correctional Facility are no longer required. Provided, however, it is mutually recognized that each party hereto owes its primary allegiance and services to its own area. Therefore, the Ellsworth Correctional Facility's equipment and personnel may be recalled by the correctional facility if a need exists for the correctional facility to render services within its normal service area.
Each party, in consideration of this agreement to provide emergency assistance, does waive any and all claims against each other for damages or compensation for any loss, damage, personal injury, death, or any other matter occurring as a consequence of performance under this agreement.
Ellsworth Correctional Facility agrees not to make any demand for payment or charge for services provided, except those charges that it customarily charges its customers/clientele.