The URL can be used to link to this page

Home My WebLink About1040 Liberty MO Mutual Aid BILL NO. 2010-064 ORDINANCE NO. I�� (.� AN ORDINANCE AUTHORIZING THE MAYOR TO ENTER INT� AN INTERLOCAL AGREEMENT VUITH THE CITY OF LIBERTY, MISSOURI FOR MUTUAL POLICE AID AND COOPERATION i WHEREAS, pursuant to Section 44.090 RSMo. and Section 70.837 RSMo. the City is ! a�uthorized to enter into a contract with other municipalities for mutual police aid; and i WHEREAS, the Board of Aldermen find that in is in the best interest of the citizens of the City o�f Riverside that the City provide for the aid and assistance between jurisdictions in Platte and Clay Counties regarding the provision of police protection as set forth in Exhibit "A" attached hereto; NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF ALDERMEN OF THE CITY OF RIVERSIDE, MISSOURI, AS FOLLOWS: SECTION 1- APPROVAL OF AGREEMENT. That execution of an Interlocal Agreement by aind between the City of Riverside and the City of Liberty for Mutual Police Aid and Cooperation, in substantially the same form as Exhibit "A"' attached hereto, is hereby authorized and approved. SECTION 2- EXECUTION OF CONTRACT. That the Mayor is authorized to execute the Agreement and all documents necessary or incidental to the performance thereof, and the City Clerk is a�thorized to attest to the same. SECTION 3- REPEAL OF ORDINANCES IN CONFLICT. All ordinances or parts of ordinances in conflict with this ordinance are hereby repealed. SECTION 4- SEVERABILITY CLAUSE. The provisions of this ordinance are severable and if any provision hereof is declared invalid, unconstitutional or unenforceable, such determination shall not a�fect the validity of the remainder of this ordinance. SECTION 5- EFFECTIVE DATE. This ordinance shall be in full force and effect from and after the date of its passage and approval. BE IT REMEMBERED that the above was read two times by heading only, passed and approved by a majority of e Board of Aldermen a d APPROVED by the Mayor of the City of Riverside, Missouri, this �° day of �,�✓G�� , 2010. %( /f��.e��C� � Kathleen L. Rose, Mayor ATTEST: � �bl.�.t r- r�'� 1 -t=C_'X.� Robin Littrell, Ci y Clerk APPROVE 5 TO F�RM: �� .-�_ _: -' ( � ��— � y om on, City Attorney F.1RUA Meeting��RUA Papkets�'_01(ry201t1-11-16�7(il �l-ilfe-0 (lyd I.i6en�� Mutual 4id Agreement -Ord doc MUTUAL AID AGREEMENT This Mutual Aid Agreement ("AgreemenY'), is made by and among the political subdivisions signing this Agreement, each hereinafter called "member." This Agreement shall become effective when executed by two (2) or more political subdivisions and shall remain in full force and effect untii modified by all of those political subdivisions who have executed this Agreement, or until terminated as set forth herein. This is hereby agreed as follows: Section 1. Intergovernmental Public Service and Assistance This Agreement for "Intergovernmental Police Service and Assistance" is executed pursuant to the provisions of Chapter 44.090 and Sections 70.837, 70.835, 70.820, and 70.815, RSMo. Section 2. Purpose of Agreement It is recognized that in certain situations the use of police officers to perForm police duties outside of the territorial limits of the municipality where such officers are legally employed may be desirable and necessary in order to preserve and protect the health, safety, and welfare of the public. Section 3. Authorization Each political subdivision executing this Agreement shall provide mutual aid services in furtherance of the investigation of criminal activity and enforcement of the laws of this state and assist each of the other members by the provision of specialized services to their mutual aid in the protection of health, life, and property involving emergency incidents or special situations which arise and require such assistance. Section 4. Definition of Terms The following terms shall have the following meanings when used in this Agreement: a. "Police Personnel" means any sworn offcer, public safety officer, sheriff, deputy sheriff, reserve police officer, marshal, constable, or deputy constable who has completed a training program as promulgated by Chapter 590 RSMo. With said training being a prerequisite to the � authority of police personnel to respond outside corporate city limits. ' b. "Members" means a political subdivision as defined by 70.815 1.(2), which is a party to this Agreement, and has passed legislation allowing police personnel of the political subdivision to respond to emergencies in the fashion provided herein. c. "Political Subdivision" means any agency or unit of this state empowered by law to maintain a law enforcement agency. d. "Chief Administrative Officer" means the mayor or city administrator/manager of a municipality, the county executive or presiding county commissioner of a county, or the chair of the Kansas City, Missouri Board of Police Commissioners. e. "Chief Law Enforcement Officer" means the chief of police of a municipality, director of public safety, or the sheriff of a county. f. "Emergency Situation" means any situation in which police personnel have a reasonable belief that a crime is about to be committed, is being committed, or has been committed involving injury or threat of injury to any person, property, or governmental interest, and the offcer's response is reasonably necessary to prevent or end such emergency situation or mitigate the likelihood of injury involved in such emergency situation. g. "Responding Member" is a signatory hereto who is called upon to provide mutual aid. h. "Requesting Member" is a signatory who is requesting another member to provide mutual aid. Section 5. Power and Authority a. The members hereby authorize and direct their respective chief law I enforcement officer or the o�cer commanding in his/her absence to � render and request mutual police aid to and from the other members to the extent of available personnel and equipment not required for adequate protection of the members rendering aid. The judgment of the chief law enforcement officer, or officer commanding in his/her absence, of each member rendering aid, as to the amount of personnel and equipment available, shall be final. b. Police personnel who shall be commanded by their superior authority to maintain the peace or perform police duties outside the territorial limits of the political subdivision which regularly employs such o�cers shall be under the direction and authority of one (1) person designated by each chief law enforcement officer. Such personnel shall in turn be under the direction and authority of the local commanding police officer of the member to which they are called to perform mutual aid and shall be police personnel thereof. Respective members' police personnel shall have all immunities, powers, and authority of police personnel as provided by law, including the power of arrest. c. Except in cases of emergencies presenting an imminent threat to public safety and health, the requesting member's chief law enforcement offcer, or designee, should transmit such request for personnel or services in writing to the responding member's chief law enforcement o�cer at least fifteen (15) days prior to the expected service date and in no case less than five (5) days prior. d. In the case of emergency situations which prevent the prior written request for services by the requesting member, the request may be made orally and recorded by the responding member agency. The chief law enforcement officer, or designee, of the responding member shall furnish a written statement of service rendered to the requesting member no less than five (5) days after the termination of the need for such personnel or services by the requesting member. Section 6. Communications Responding members shall either be supplied with radios that include the requesting agency's frequencies, or they shall be assigned to work with an officer of the requesting agency. They shall, in no case, be assigned to a post or function without the ability to communicate with the command post and other officers. Section 7. Compensation Mutual aid assistance shall be rendered without charge to a member both during the normal conduct of police business and in emergency situations. Section 8. Liability a. Each member shall be responsible for all claims, damages, and losses sustained by its own law enforcement agency and police personnel. This Agreement shall not be so construed as to create any relationship between the police personnel of one member and the other member. Each member hereto agrees to procure insurance coverage in an amount reasonably suffcient to satisfy the liability for damages reasonably foreseeable from the activities herein contemplated, or shall be self- insured. b. A member shall not be liable to the other member for any action, failure to act, delay, mistake, failure to respond, negligence, or failure to effectively combat or handle any police problem arising out of any assistance requested or provided hereunder. c. This agreement shall not be construed as an agreement for the benefit of any third party. d. The members agree that police personnel shall retain all pension and disability rights while performing duties in accordance with the Agreement. Section 9. Effective Date of Agreement This Agreement shall 6e in full effect and legally binding at such time as it is signed and certified by each member. Section 10. Entire Agreement and Modification. a. This writing is intended by the parties as a final expression of this Agreement and also is intended as a complete and exclusive statement of the terms of this Agreement. This Agreement may be amended or modified only in writing, which amendment or modification must be authorized by each member's respective governing body by ordinance. b. This Agreement shall be governed by the laws of the United States and the State of Missouri and that, notwithstanding anything that may be found in the Agreement to the contrary, the members do not waive and expressly reserve any and all immunities and defenses available to the entity or its members, whether arising from common law or by statute. c. If any one or more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal, or unenforceable, in any respect, such invalidity, illegality, or unenforceability shall not affect any other provision thereof and the Agreement shall be construed as if such invalid, �� illegal, or unenforceable provision had never been contained herein. Section 11. Termination of Agreement a. This agreement may be terminated in whole or in part by anyjurisdiction in relation to all other jurisdictions or any of them upon sixty (60) days written notification pursuant to 44.090 (2) RSMo. Such notice shall state the reason for said termination. b. Copies of any such ordinance shall be filed with the clerk of each member within thirty (30) days of its passage. c. Each member agreeing to the terms and conditions of this Mutual Aid Agreement shall evidence their agreement by executing a certificate and forwarding a copy to other members participating in the Agreement. CERTIFICATE City of Liberty, Missouri City of Riverside, Missouri B B D G g nuteson, Mayor athleen L. Rose, Mayor Attest: Attest: •Cr:�.� � � :' � > J et Pittman Robin Littrell Deputy C�ty Clerk City Clerk \ _ � _