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HomeMy WebLinkAbout1991-83 - Mutual Aid Agreement with City of Kansas CityBILL NO. ~ ~- ~3 ORDINANCE NO. 9 ~ - 8 3 AN ORDINANCE AUTHORIZING A MUTUAL AID AGREEMENT WITH THE CITY OF KANSAS CITY, MISSOURI AND OTHER POLITICAL SUBDIVISIONS WITHIN THE STATE. BE IT ORDAINED BY THE BOARD OF ALDERMEN OF THE CITY OF RIVERSIDE, MISSOURI, AS FOLLOWS: Section 1. The Mayor and City Clerk are hereby authorized to enter int•_~ a mutual aid agreement with the City of Kansas City for i.ntE:rgover.nmental police service and assistance in the form marked as Exh::.bit "A", attached hereto and made a part of this ordinance as though sully set out herein. Section 2. The Mayor and Director of Public Safety are further authorized to negotiate similar mutual aid agreements with other political subdivisions in the same or similar terms as this agreement. Each such mutual aid agreement shall, before execution by the officials of the City of Riverside, be ratified by the board of Aldermen. PASSED THIS 3 DAY OF Imo. --~u-•-~-O-L 1991 ATT ST: CITY CLERK MAYOR APPROVED THIS ~ DAY OF ~-~-o-~~~-?^ - 1991 MAYOR MUTUAL AID AGREEMENT This Mutual Aid Agreement ("Agreement"), made and executed this .3 day of ~aca,.,~-~_, 1991, by and among the members signing this agreement each herein called "member" provides as follows: SECTION 1. Intergovernmental Police Service and Assistance. This Agreement for "Intergovernmental Police Service and Assistance" is executed pursuant to Sections 70.815, 70.820 and 70.835, RSMo. 1987. 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. The parties undersigned agree to provide mutual aid services in furtherance of the investigation of criminal activities and enforcement of the investigation of criminal activity and enforcement of the laws of this state, and to assist each other by the provision of specialized services to their mutual aid in the protection of health, life and property involving emergency incidents or situation 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. "Law Enforcement officer" means any police officer, sheriff, deputy sheriff, constable or deputy constable, or marshall. b. "Police Personnel" means any sworn police officer, reserve police officers, marshall, who has completed a training program as pr~mulga~ed by Chapter 590 RSMo. with said training being a prer.equ.site to the authority of police personnel to respond outside corpor:~te city limits. c. "Member" 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. d. "Political Subdivision" means any agency or unit of this state empowered by law to maintain a law enforcement agency. e. "Chief Administrative Officer" means the mayor or city manager of a municipality, the county executive or presiding county commissioner of a county, or Kansas City Board of Police Commissioners. f. "Chief Law Enforcement Officer" means the chief of police of a municipality or the sheriff of a county. g. "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 government interest, and the officer's response is reasonably necessary to prevent or end such emergency situation or mitigate the likelihood of injury involved in such emergency situation. h. "Responding Member" is a signatory hereto who is called upon to provide mutual aid. i. "Requesting Member" is a signatory hereto who is requesting another member to provide mutual aid. SECTION 5. Power and Authority. a. The parties undersigned do hereby authorize and direct its chief law enforcement officer or the officer commanding in his absence to render and request mutual police aid to and from the municipality to the extent of available personnel and equipment not required for adequate protection of the municipality rendering aid. The judgement of the chief law enforcement officer, or officer commanding in his absence, of each member rendering aid, as to the amount of personnel and equipment available, shall be final. b. Police officers who shall be commanded by their superior authority to maintain the peace or perform police duties outside the territorial limits of the municipality which regularly employs such officers shall be under the direction and authority of one (1) person designated by each chief law enforcement officer. Such person shall in turn be under the direction and authority of the local commanding police officer of the municipality or county to which they are called to perform police or peace duties and shall be peace officers thereof. They shall have all immunities powers, and authority of police and peace officers 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 officer, or designee, should transmit such request for personnel or services in writing to the responding member's chief law enforcement officer 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, the request may be made orally and recorded by the responding member agency. the chief law enfo~c::ement officer, or designee, of the responding member shall furnish a written statement of services rendered to the requesting member •.io less than five (5) days after the termination of the need for such p~ersonnei or services by the requesting member. SECTION 6. 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 7. 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 sufficient 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. 'Phis agreement shall not be construed as an agreement for the benefit of any third party. d.. The members agree that all individuals shall retain all pension and disability rights while performing duties in accordance with this agreement. SECTION 8. Effective Date of Agreement. This agreement shall be in full effect and legally binding at such time as it is signed and certified by each member. SECTION 9_ 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 the Agreement. This Agreement may be amended or modified only in writing, which amendment or modification must be authorized by each member's respective city council or county commission, 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 nay respect, such invalidity, illegality, or enforceability shall not affect any other provision thereof and the Agreement shall be construed as is such invalid, illegal or unenforceable provision had never been contained therein. SECTIO;:r 10. Te~.niinatiuzi of Agreement. a. `I'l,i. ,a~~; FF~~~,=;,: .Peal) ~_emain in i`til l i:~rcr any) ~~ffe~.~t until _~:r~l. tirr~e a-~-. a. rneiY~h~r, t.ht:ough it.s elected commission or counci_1 passes ~n ord_,.na.r.ce terminating this Agreement. Either party to this; A,~~_een~~enl:_ may tec~ir~inake triis Agreement at wi11. k;. C'op;~>> of az~y such ordPnr~:~e~:= ,.ha)1 bc~ f.i_!1~t3 with tl,c~ '~'7erk oi: eact: member: ti~ithi t~ t}i:i rty (3U j days of its passage. BOARD OF' FOLICE COMMISSIONERS OF KANSAS CIT1, MISSOURI ~,. il) yam Ray 'rLCC. -"Jr President Attest. C _ta~ `~E-rrctary n~ ~ ~-~--~'.-- CIT7 OF RIVERSIDE, M0. Mayor ~t~y~ o~iver~ide, N ~~ y City Clerk-City of River. ~de M~.