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HomeMy WebLinkAbout1004-Mutual Aid with Weatherby LakeBILL NO. 2010-028 ORDINANCE NO. 1 DDS AN ORDINANCE AUTHORIZING THE MAYOR TO ENTER INTO AN INTERLOCAL AGREEMENT WITH THE CITY OF WEATHERBY LAKE FOR MUTUAL POLICE AID AND COOPERATION WHEREAS, pursuant to Section 44.090 RSMo. and Section 70.837 RSMo. the City is authorized to enter into a contract with other municipalities for mutual police aid; and WHEREAS, the Board of Aldermen find that in is in the best interest of the citizens of the City of 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 and between the City of Riverside and the City of Weatherby Lake 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 authorized 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 All ordinances or parts of ordinances in conflict with this ordinance are hereby repealed.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 affect 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 the Beard of Ald rmen • d APPROVED by the Mayor of the City of Riverside, Missouri, this ~ ~ day of ~~~~~'d~ , 2010. 1.~~'.u~ _ Kathleen L. Rose, Mayor ATTEST: Robin Littrell, ity Clerk APPROV~AS TO FORM: City Attorney I lu ~..:Lrr iii: "'nl 'i~ln i~',S O,.I Ain~uc~ Ai,l \gi, ._~~t ~,.~t ~ A1.,cliril~, I ~~6r;in, BILL NO. (O C.Q (~ ORDINANCE NO. 1 ~ S AN ORDINANCE APPROVING THE AGREEMENT BETWEEN THE CITY OF RIVERSIDE AND THE CITY OF WEATHERBY LAKE, MISSOURI FOR THE PURPOSES OF INTERLOCAL AGREEMENT FOR MUTUAL POLICE AID AND COOPERATION NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF ALDERME~ OF THE CITY OF WEATHERBY LAKE, MISSOURI AS FOLLOWS: That on this3_ day of ,n , 2009, the matter of the Approval of the Interlocal Agreement For Mutual Police Aid And Cooperation with the City of Riverside, Missouri, (A political Subdivision of the State of Missouri) and the City Of Weatherby Lake, Missouri (A political Subdivision of the State of Missouri) for the purposes the Cooperation between Police departments. It is shown to the Board of Alderpersons that: (1) Pursuant to §44.090 R.S.Mo the executive officer of any political subdivision may enter into mutual-aid arrangements or agreements with other public and private agencies within and without the state for reciprocal emergency aid. Such arrangements or agreements shall be consistent with the state disaster plan and program and the provisions of section 70.837, RSMo, and section 320.090, RSMo. In time of emergency it shall be the duty of each local organization for emergency management to render assistance in accordance with the provisions of such mutual-aid arrangements or agreements. (2) That the City of Riverside has proposed an Agreement in the Form of Exhibitl attached hereto which is agreeable to the City of Weatherby Lake. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF ALDERMEN OF THE CITY OF WEATHERBY LAKE, MISSOURI AS FOLLOWS: The Interlocal Agreement for Mutual Police Aid and Cooperation with the City of Riverside, Missouri, (A political Subdivision of the State of Missouri) and the City of Weatherby Lake, Missouri (A political Subdivision of the State of Missouri) in the form of Exhibit 1 attached hereto is herby approved. The Chief of Police, and Mayor are authorized and directed to execute said Memorandum of Understanding on behalf of the City. PASSED THISDAY OF IrYlo~ ~ 2009. ATTEST: ~~ GERALD L. BOS, MAYOR ITY C RK APPROVED THIS3 r-~' DAY OF I~atr tl'1, 2009. ~`--- GERALD L. BOS, MAYOR EXHIBIT 1 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, hereinafter referred to as "Riverside", the City of Weatherby Lake, a municipal corporation of the State of Missouri, hereinafter referred to as "Weatherby Lake" 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 County 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 aid between municipalities are authorized under the provisions of Chapters 44.090 and 70.837 R.S.M.O. IT IS MUTUALLY AGREED, between Riverside and Weatherby Lake 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" means an Agency who has adopted, signed and subscribes to this Mutual Aid Agreement and has made a request for Emergency Assistance and has received commitment(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 are 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 Agency shall immediately take the following action: a. Determine if the Responding Agency has equipment and personnel available to respond to the Requesting Agency and 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. In the event the needed equipment and personnel are available, to dispatch such equipment 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 advise the Requesting Agency. 2. Participation in this Mutual Aid Agreement is purely voluntary 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 shall 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 breach 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 officer in charge 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 officer'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 mutual police 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 not available. 7. Each Requesting Agent agrees to be responsible for and assume liability for its own wrongful and negligent acts or omissions, 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, agents, and employees harmless from such liability and to waive any liability legal claims that parties to this agreement might have 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 HOWEVER, that such indemnifications shall not apply to losses or claims resulting from the sole negligence of the indemnified party. However, in any lawsuit brought against any other parties to this agreement or against their officers, agents, or 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 for any judgment they are required to pay in excess of their proportionate share of any liability judgment or award. PART TWO: EXTRATERITORIAL AUTHORITY 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 officers of each of the other jurisdictions within the corporate limits of the consenting jurisdiction as follows: a. Such officers may exercise all lawful enforcement authority and powers in regards to traffic violations, both criminal and civil infractions. This authority may be exercised without prior notification, except as 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 all lawful enforcement authority and powers in regards to non-traffic criminal matters. This authority shall be limited to matters reasonably related to criminal activity or suspected criminal activity in the jurisdiction of such officers. 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 jurisdiction 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. 9. 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, costs, 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 RIVERSIDE as provided in this PART TWO. 10. Weatherby Lake 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, costs, 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 Weatherby Lake 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 general law or agreement. Nothing in this agreement shall be interpreted as limiting any law enforcement authority granted under any interjurisdictional arrangement for multiple commissioning of officers, such as any drug enforcement task force or other similar endeavor. PART THREE: ADDITIONAL PROVISIONS 12. This agreement shall be effective on the ?~r~ day of ~rt~t2009, 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 barriers. 14. It is not contemplative that any jurisdiction shall incur a 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 upon 60 days written notice to all 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 created. 18. This Agreement shall be deemed 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 constitutes 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. 21. Condition Precedent: this Interlocal Agreement for Mutual Police Aid and Cooperation shall be null and void and of no effect unless and until the City of Riverside and the City of Weatherby Lake have by Ordinance, obtained the authority to enter into this Agreement. 22. After the Condition Precedent has been satisfied this Interlocal Agreement for Mutual Police Aid and Cooperation shall be effective immediately upon execution by both parties. Date ~" _ ~ -/ (' Chief ofPolice ~ Date T`"7 `~ Mayor WEATHERBY LAKE POLICE DEPAR ENT ,~ ,~,e,~----- Chief of Police Date ~~l 7~d~ Date ~ -~ ~_ O ~1 ~VI or IVERS D MME City of Riverside Ordinance Overview #2010- dab The Police Division is in the process of reviewing all of the Mutual Aid Agreements that have been or should be executed with other agencies. This will update our previous agreement with Weather Lake, Missouri. It is to Public Safety's advantage to do so. There is no budgetary impact to the city associated with this agreement. Chris Skinrood