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Home My WebLink About1659 Mutual Aid Agreement Platte County Sheriff's Office BILL NO. 2019-022 ORDINANCE NO. 1 AN ORDINANCE APPROVING A MUTUAL AID AGREEMENT WITH THE . PLATTE COUNTY SHERIFF'S OFFICE BE IT ORDAINED BY THE BOARD OF ALDERMEN OF THE CITY OF RIVERSIDE,MISSOURI AS FOLLOWS: SECTION 1 — AGREEMENT APPROVED. That the Riverside Board of Aldermen hereby approves the Mutual Aid Agreement with the Platte County Sheriff's Office, attached hereto in its substantial form, and the Board further authorizes the Mayor to sign on behalf of the City. SECTION 2 — AUTHORITY GRANTED. The Mayor, the City Administrator and other appropriate City officials are hereby authorized to take any and all actions as may be deemed necessary or convenient to carry out and comply with the intent of this Ordinance and to execute and deliver for and on behalf of the City all certificates, instruments, agreements and other documents, as may be necessary or convenient to perform all matters herein authorized. SECTION 3 — EFFECTIVE DATE. This Ordinance shall be in full force and effect from and after its passage and approval. BE IT REMEMBERED that the above was read two times by heading only, PASSED AND APPROVED by a majority of the Board of Aldermen and APPROVED by the Mayor of the City of Riverside this 21"day of May 2019. or Kathleen L. Rose ATTEST: =, l J Roliifi Kiricaid;Ci clerk • PLATTE CO LINTY COMMISSION - DAGMAR.WOOD. RON SCHIEBER JOHN ELLIOTT .:1 ST DISTRICT COMMISSIONER. PRESIDING COMMISSIONER: , 2ND DISTRICT COMMISSIONER Him COUNTY COMMLS310N ORDER:2019 -.CO74 Department: Zheriff Prepared By: Erik:Holland- - :IN THE COUNTY COMMISSION OF PLATTE COUNTY,MISSOURI = AN ORDER:APPROVING:A MUTUAL AID AGREEMENT:BETWEEN PLATTE COUNTY,MISSOURI AND THE=CITY OF RIVERSIDE,MISSOURI. WHEREAS;it-is in the best interests.of the citizens bf Platte County-that the County enter , into a Mutual Aid Agreement with the City. of Riverside;-MO.forthe purpose of'Intergovernmental: Law Enforcement Service and Assistance: NOW,"THEREFORE, IT IS HEREBY:ORDEREDAS FOLLOWSi : . 1. CONTRACT APPROVAL The COUNTY is hereby authorized to enter into .'. -M de;MO for the.purpose of, utual Aid Agreement with the City of Riversi .Intergovernmental Law Enforcement service and Assistance.:. 2. -EXECUTION OF CONTRACT. The Presiding Commissioner and the County - Clerk are hereby authorized to execute the Contract in substantially the form bf the proposed:Contract attached:heretoVtogether with any and all other documents as neededto carry out the intent of this Order. . '. BUDGET IMPACT:. '$0. This Order shall be effective immediately upon passage. Done.this 17th day of June; 2019 at Platte:City, Missouri • Ron'Sc kber Presiding:Commissioner ATTEod� . 1st District.Commissioner" 1 Nancy .'r g. J ti t O "County. erk . 2nd District Commissioner:. Contract Comriiission Order,2016.doc 415 Third Street,Rm 210 w Platte City;Missouri 64079 Platte County Clerk- Rev.11.15:16 Phone:(816)858-2232 0.Fax:(816)8.58-3329.i www.co.platte.mo.us Page 1 of 1 MUTUAL AID AGREEMENT This Mutual Aid Agreement("A reement") made and executed this 'L day of 20B between the City of ,vEp—si D C , Missouri,the Platte County Sheri s Office and.Platte County, Missouri, each herein called "Party," provides as follows: Section 1. Intergovernmental Law Enforcement Service and Assistance. This agreement for"Intergovernmental Law Enforcement Service and Assistance" is executed pursuant to Sections 70.815, 70.820, 70.835 AND 70.837 RSMo. 2016. Section 2. Purpose of Agreement. It is recognized that in certain situations the use of law enforcement officers to perform law enforcement duties outside of the territorial limits of the municipality or county 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 activity 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 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. "Law Enforcement Officer" means any law enforcement officer,sheriff, deputy sheriff,constable or deputy constable, or marshal. B. "Law Enforcement Personnel" means any sworn law enforcement officer, reserve law enforcement officer or marshal who has completed a training program as promulgated by Chapter 590 RSMo.,with said training being a prerequisite to the authority of law enforcement personnel to respond outside corporate city limits. 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, city manager or city administrator of a municipality,or the county executive or presiding county commissioner of a county. E. "Chief Law Enforcement Officer" means the chief of police,constable or marshal of a municipality or the sheriff of a county. F. "Emergency Situation" means any situation in which law enforcement 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 officer'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 Party" is a signatory hereto who is called upon to provide mutual aid. H. "Requesting Party" is a signatory hereto who is requesting another party to provide mutual aid. Section 5. Power and Authority. A. Each party undersigned does hereby authorize only its chief law enforcement officer or the officer commanding in his/her absence to render and request mutual aid to and from the political subdivision to the extent of available personnel and equipment not required for adequate protection of the political subdivision rendering aid.The judgment of the chief law enforcement officer,or officer commanding in his/her absence,of each party rendering aid, as to the amount of personnel and equipment available shall be final. B. Law enforcement officers who shall be commanded by their superior authority to maintain the peace or perform law enforcement duties outside the territorial limits of the municipality or county 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 law enforcement officer of the municipality or county to which he is called to perform law enforcement or peace duties and shall be peace officers thereof.They shall have all immunities, powers and authority of law enforcement 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 party's chief law enforcement officer,or designee,should transmit such request for personnel or services to the responding party'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 party,the request may be made orally and recorded by the responding party agency. All investigative or case reports shall be prepared and maintained by the requesting party. For purposes of uniformity,there will be no duplication in the preparation of reports, but rather a single report prepared by a designated individual, and that report will be duplicated as necessary. Section 6. Compensation. Mutual aid assistance shall be rendered without charge to a party both during normal conduct of law enforcement business and in emergency situations. Section 7. Liability. A. Each party shall be responsible for all claims, damages and losses sustained by its own law enforcement agency and law enforcement personnel.This Agreement shall not be so construed as to create any relationship between the law enforcement personnel of one party and the other party. Each party 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 party shall not be liable to the other party for any action,failure to act, delay, mistake,failure to respond, negligence,or failure to effectively combat or handle any law enforcement 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 parties 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 binging at such time as it is signed and certified by each party. Section 9. Entire Agreement and Modification. A. This writing is intended by the parties as a final expression of this Agreement and is also intended as a complete and exclusive statement of the terms of this Agreement.This Agreement may be amended or modified only in writing by each party's respective city council, county commission, or board of alderman, by ordinance. B. This Agreement shall be governed by the laws of the United States and the State of Missouri and, notwithstanding anything which may be found in the Agreement to the contrary,the parties 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 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 10. Termination of Agreement. A. This Agreement shall remain in full force and effect until such time as any party,through its elected commission or council, passes an ordinance terminating this Agreement. Either party to this Agreement may terminate this Agreement upon sixty(60) days written notice of such intent prior to terminating this Agreement. B. Copies of any such ordinance shall be filed with the clerk of each party within thirty(30) days of its passage. FOR THE PLATTE COUNTY SHERIFF'S OFFICE MARK S. OWEN PLATTE COUNTY SHERIFF Approved by the Platte County Commission ��'�, 201`x. SIGNED: PRESIDING OMMISSIONER 15T DISTRICT COMMISSIONER 2ND DISTRICT COMMISSIONER ATTEST: 4 PLATT TY CL RK � o 0139 1 FORTHE—LL OF `sVG12S s CXR MAYOR/CITY MANAGER/CITY ADMINISTRATOR 0 5v .DATED: 0 1 %/ ��20]3. ATTEST: - 14 c. f ' CITY Cligj( .. n