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HomeMy WebLinkAbout2009-034 - Police ProtectionBILL N0.2009-34 ORDINANCE N0.2009-34 AN ORDINANCE APPROVING AN INTERGOVERNMENTAL COOPERATION AGREEMENT BETWEEN THE CITY OF RIVERSIDE, MISSOURI AND THE CITY OF GLADSTONE, MISSOURI FOR THE PURPOSE OF POLICE PROTECTION; AUTHORIZING THE EXECUTION THEREOF; AND APPROVING CERTAIN ACTIONS RELATED THERETO. WHEREAS, the City of Riverside, Missouri (the "City") has the responsibility to provide for the general health, safety and welfare of citizens within its jurisdiction and that the provision of police protection is part of that responsibility. WHEREAS, the City of Riverside, Missouri and City of Gladstone, Missouri desire to cooperate and to take the reasonable steps necessary to facilitate police protection services; and WHEREAS, the City of Riverside, Missouri and City of Gladstone, Missouri desire to provide police protection and mutual aid on the terms and conditions in an Intergovernmental Cooperation Agreement in substantially the form set forth in Exhibit A, attached hereto, and in accordance with and pursuant to the provisions of Article VI, § 16 of the Missouri Constitution and Sections 70.210 through 70.325 and Section 70.837 of the Revised Statutes of Missouri, as amended. NOW THEREFORE BE IT ORDAINED BY THE BOARD OF ALDERMEN OF THE CITY OF RIVERSIDE, MISSOURI AS FOLLOWS: Section 1. The Board of Aldermen hereby approves and authorizes and directs the Mayor to execute the Intergovernmental Cooperation Agreement between the City and the City of Gladstone, Missouri in substantially the form as set forth in Exhibit A, attached hereto and incorporated herein by reference, the signature of such official being conclusive evidence of such approval. Section 2. The City shall, and the officials, agents and employees of the City are hereby authorized and directed to take such further action, and execute such documents, certifications, and instruments as may be necessary to carry out and comply with the intent of this Ordinance. Section 3. This Ordinance shall be in full force and effect from and after its passage and approval. PASSED AND APPROVED THIS ~ DAY OF~sr.c ~ , 2009. Mayor ATTE ity Clerk INTERLOCAL AGREEMENT FOR MUTUAL POLICE AID AND COOPERATION THIS AGREEMENT is made and entered. between the City of Riverside, Missouri, a municipal corporation of the State of Missouri, hereina8er referred #o as "Riverside", and the City of Gladstone, a municipal corporation of the State of Missouri, hereinafter referred to as "Gladstone" These parties shall also be referred to as "Jurisdictions". WHEREAS, in the interests of public welfare, it is necessary and desirable that local jurisdictions within Platte & Clay Counties should. voluntarily aid and assist each other regarding the provision of police protection to their citizens; and WHEREAS, in the interests of public welfare, it is necessary and desirable to modify current artificial territorial barriers to the exercise of law enforcement authority; and WHEREAS, contracts for mutual police ofd between municipalities are authorized under the provisions of Chapters 44.090 and 74.837 R.S.Ivl.O. IT IS MUTUALLY AGREED, between Riverside and Gladstone as follows: DEFINITIONS The following terms shall have the following meanings, unless the context indicates otherwise: a. "Responding Agency means an Agency who has subscribed to this Mutual Aid Agreement and has agreed to deliver Emergency Assistance to another Party Agency pursuant to the terms and conditions of this Mutual Aid Agreement. b. "Requesting Agency" moans an Agency who has adopted, signed and subscribes to this Mutual Aid Agreement and has made a request for Emergency Assistance and has received comrnitanent(s) to deliver Emergency Assistance pursuant to the terms of this Mutual Aid Agreement. PART ONE: MUTUAL AID When requested, each jurisdiction agrees to furnish such personnel, resources, and facilities as ace reasonably necessary to assist any other jurisdiction in matters relating to law enforcement. Upon receipt of such a request, the commanding officer of the Responding Agenoy shall immediately take the following action: a. Determine if the Responding Agency has equipment and personnel available to respond to the Requesting Agency acrd determine the nature of the equipment and number of personnel available. b. Determine what available equipment and personnel should be dispatched in accordance with the operating plans and procedures established by the parties. c. In the event the needed equipment and personnel are available, to dispatch such equipmeru and personnel to the scene of the emergency with proper operating instructions. d. In the event the needed equipment and personnel are not available, to immediately advsethe Requesting Agency. 2. Participation in this Mutual Aid Agreement is purely wluntary and at the sole discretion of the Responding Agency. No jurisdiction shall be required to deplete unreasonably its own resources, facilities and services in furnishing such mutual aid. Each individual jurisdiction shag have complete authority and control over the decision as to whether or not it is able to provide mutual police aid pursuant to any request therefore. No Responding Agency shall be Liable to another Party Agency for, or be considered to be in broach of or default under this Mutual Aid Agreement on account of any delay in or failure to perform any obligation under this Mutual Aid Agreement, except to make payment as specified in this Mutual Aid Agreement. 3. It is expressly understood that the responsible local officer of the Requesting Agency shall remain. in command at such incident; provided, that the responding personnel and equipment shall be under the immediate supervision of the officer in charge of the Responding Agency unless the Requesting Agency specifically requests that another Agency fulfill this responsibility. The personnel and equipment of the Responding Agency shall be released from service and returned to the Responding Agency by the commanding offteer in oharge of the operation as soon as conditions warrant. 4. Whenever any police officer of one of the jurisdictions dies or is disabled from performing the officer's duties by reason of engaging in the apprehension or attempted apprehension of law violators, or suspected law violators, or protection or preservation of life or property, or the preservation of the peace within the jurisdiction. in which the mutual aid is being. rendered, but is not at the time acting under the immediate direction of the officer's employer, the officer or the officer's dependents shall be accorded by the offioer's employer the same benefits which the officer or the officer's dependents would have received had that police officer been acting under the immediate direction of the officer's employer. 5. The mutual police aid provided herein shall be without reimbursement unless expressly agreed to by the jurisdiction requesting and the jurisdiction providing such aid. 6. The jurisdictions agree to develop standard operating procedures in regard to their mutua! pollee aid. Agencies recognize. that time is critical during an emergency and diligent efforts will be made to respond to a request for resources as rapidly as possible, including any notification(s) that requested resources are ttot available. Each Requesting Agent agrees to be responsible for and assume liability for its owe wrongful and negligent acts or otnfssfons, including the negligence attributed to that party's command decisions, or those of its officers, agents, or employees to the fullest extent allowed by law, and agrees to save and hold every other party to this agreement and said parties, officers, agertta, and employees harmless from such liability and to waive any liability legal claims that parties to this agreement might !rave against each other or any one of them for liability arising out of the performance or non-performance of any act under this agreement. Further, each Requesting Agency agrees to defend and indemnify each Responding Agency against any claim or lawsuit brought against the Responding Agency or against the Responding Agency's officers, agents, or employees,. by persons or entities not signatory to this agreement, PROVIDED H©WEVER, that such indemnifications shall not apply to losses or claims resulting from the sole negligence of the indemn~ed party, However, in any lawsuif brought against any other parties to this agreement or against their officers, agents,. ar employees by persons or entities not signatory to this agreement, then none of them shall be limited in their legal rights to request apportionment of any judgment rendered against them, and none of them shall be limited in their rights as provided under the laws of the State of Missouri to seek contribution far any judgment they are required to pay in excess of their proportionate share of any liability judgment or award. PART TWO: )CXTRATERITOR][AL AUT$ORITI' Pursuant to the terms of Chapters 44.090 and 70.837 R.S.M.O., each jurisdiction does hereby consent to the exercise of enforcement powers by commissioned ofl5cers of each of the otherjurisdictions within the corporate limits of the consenting jurisdiction as follows: a. Such officers may exercise all lawful enforcement authority and powers in regards Eo traffic violations, both criminal and ci+/tl infractions. This authority may be exercised without prior notification, exceptas required by joint operating procedures. Any mutual exercise of such authority shall be reported to the jurisdiction within which the actions are taken within a reasonable time by copy of the incident report prepared in the ordinary course of business for the other jurisdiction. b. Such officers may exercise al! lawful enforcement authority and powers in regards to non-traffio criminal matters. This authority shall be limited to matters reasonably related to criminal activity or suspected criminal aotiviy in the jurisdiction of such affioers, Prior notice of the actual exercise of such enforcement powers shall be given to the jurisdiction within which the. actions are taken unless impossible or impractical under the circumstances of the case. Any actual. exercise. of such authority shall be promptly reported to the jurisdictian within which the actions are taken by copy of the incident report prepared in the ordinary course of business for the other jurisdiction. Additional information regarding such exercise of authority shall be provided promptly upon request. RIVERSIDE agrees to defend and to indemnify and to hold and save each and every other jurisdiction, its employees, and agents harmless from and against all liability claims, suits, damages, costa, lasses, and expenses, including expenses of litigation, including attorney fees, in any mater resulting from, arising out of, or connected with any extraterritorial exercise of authority by RIVERSIDE as provided in this PART TWO. 10. Gladstone agrees to defend and to indemnify and to hold and save each and every other jurisdiction, ifs employees, and agents harmless from and against all liability claims, suits, damages, casts, losses, and expenses, including expenses of litigation, including attorney fees, in any mater resulting from, arising out of, or connected with any extraterritorial exercise of authority by Gladstone as provided in this PART TWO. 11. Nothing in this PART TWO shall be interpreted as limiting any law enforcement authority granted to any jurisdiction under the terms of any genera( law or agreement. Nothing in this agreement shall be interpreted as limiting any law enforcement authority granted under any interjurisdietiottal arrangement for multiple commissioning of officers, such as any drug enforcement task force or other similar endeavor. PART TI~fItEE: ADDITItJIVAL PROVISIQNS 12. This agreement shall be effective on the 3" "'~aay of`~raery" " , 2009, and shall automatically renew from year to year unless otherwise modified or terminated as provided herein. 13. The purpose of this agreement is to improve law enforcement within the respective jurisdictions by facilitating mutual aid and assistance and by modifying artificial territorial bartiers. 14. It is not contemplative that any jurisdiction shall incurs financial obligation as a result of this agreement and no budget is necessary therefore. 15. This agreement may be terminated in whole or in part by any jurisdiction in relation to all other jurisdictions or any of them upoa 60 days written notice to a!1 other jurisdictions. Such notice shall state the reason for said termination. All property acquired by any jurisdiction pursuant to its law enforcement endeavors shall remain the property of that jurisdiction upon full or partial termination of this agreement. 16. This agreement shall be administered jointly by the chief law enforcement officer of the respective jurisdictions. 17. It is not contemplated that any property, real or personal, will be acquired by any jurisdiction SEPARATELY or jointly as a result of this agreement. No separate Fund shall be established, and no legal entity is crested. 18. This Agreement shall be deemod to be made and construed in accordance with the laws of the State of Missouri jurisdiction and venue for any action arising out of this Agreement shall be Platte County, Missouri. 19. The captions in this Agreement are for convenience only and do not in any way limit or amplify the provisions of this Agreement. 20. This Agreement consfitutes the entire agreement between the parties. There are no terms, obligations, covenants or conditions other than those contained herein. No modification or amendments of this Agreement shall be valid or effective unless evidenced by an agreement in writing signed by both parties. Mayor GLADSTQNEP LICSDIyP RTndBNT '""Y.~ Michael Has a oPpolice David Dirk L. Davis, City Manager Data ~ `~ o~~PJ '.- -A~ D&te - Bate .~'~ - ~. r l r r