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135-99 Ordinance RECORD OF ORDINANCES Form No 30043 D on Legal Blank Co Ordinance No.....135-99 Passed AN ORDINANCE AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT FOR MUTUAL AID WITH DELAWARE COUNTY AND CERTAIN OTHER POLITICAL SUBDIVISIONS THEREIN, AND DECLARING AN EMERGENCY. WHEREAS, it is the desire of the City of Dublin, Delaware County and certain political subdivisions therein to provide efficient police services for their citizens; and WHEREAS, it is the desire of these political subdivisions to provide for mutual assistance by means of the interchange and use of their respective police department personnel and equipment; and WHEREAS, these political subdivisions have the power under Ohio Revised Code Sections 311.29, 505.43, 511.235, 737.04, 1545.131 and 3345.041 to enter into an agreement for the purpose of providing police services in other political subdivisions . N W, THEREFORE, BE IT ORDAINED by the Council of the City of Dublin, State of Ohio, of the elected members concurring that: Section 1. The City Manager is hereby authorized to enter into an agreement for mutual aid with Delaware County and certain other political subdivisions, a copy of which is attached hereto as Exhibit "A". Section 2. This Ordinance is declared to be necessary for the immediate preservation of the public peace, health, safety or welfare, and for the further reason that the existing mutual aid agreement has been superseded by an amended agreement executed by the other political subdivisions within Delaware County. Therefore, this ordinance shall take effect upon passage. Passed this t~ day of ~ e -P !r~ YJ ~ , 1999. Mayor Presiding Officer ATTEST: Clerk of Council herzby certify that copies of this Ordinance/$ese}y#ea were posted in the C;ty of Dubiin in accordance with Section 731.25 of the (t~;io Revised lode. /~S-t- flat of 0 ttii, Dubi Ohio EXHIBIT "A" MUTUAL AID AGREEMENT , WHEREAS, the political subdivisions which are.-parties to this agreement are desirous of obtaining additional police protection for the citizens of the several political subdivisions by making the most efficient use possible of the police manpower of the several political subdivisions. .~a.<< NOW, THEREFORE, BE IT AGREED among the parties hereto as follows: (1) All Mutual Aid agreements previously entered into for mutual Delaware County police services are amended and superseded by the following agreement. (2) In the event of an emergency and upon the request of another police department by the highest ranking officer of that department on duty at the time of the emergency, each political subdivision which is a party to this agreement will furnish police manpower and equipment if the highest ranking ter;: , officer on duty of the police department receiving the reQUest for aid is of the opinion that suc police manpower and equipment is available. If the responding agency agrees to provide mutual aid, the personnel of the responding agency shall report to, and shall work under, the direction. and supervision of the senior officer of the requesting agency on ` duty at the time that the mutual aid request is made. However,"this provision shall not be construed to limit the authority of the Delaware. n County Sheriff.' I Such police manpower and equipment may be recalled at the sole discretion of the highest ranking officer on duty of the department furnishing such police manpower and equipment. As " used herein, the~term "emergency" shall mean an actual or~potential condition that poses an immediate threat to life or property, and exceeds the capability of a local agency to counteract successfully. Notwithstanding the above, if mutual aid is provided, it will only be provided pursuant to the particular policy of the responding department. (3) Notwithstanding the provisions of Paragraph (2) above, any police officer of a politica'_ subdivision which is a party to this agreement who sees a felony being committed within the territory of another political subdivision which is a party to this agreement, or who sees a police officer of °,~..v another political subdivision which is a party to this agreement who is in distress, shall have the authority to apprehend or attempt to apprehend the person or persons committing said felony and shall have the authority to go to the assistance of such other police officer in distress, as long as he shall use sound discretion and reasonable judgement. (4) In situations where mutual aid is utilized, radio communications should be established, if possible, through the use of either LEERN radio; or any other form of radio communications that may be mutually • available to the cooperating agencies. (5) In the event of a mass arrest (the arrest of a number of individuals which exceeds the normal capacity of she requesting agency to process) an agency providing mutual aid under this agreement shall assist in the preliminary processing of arrestees, said assistance consisting of: a. Identification of arrestees, b. Control of property obtained from arrestees, c. Completion of arrest forms. Agencies providing mutual aid in cases of mass arrest shall also assist in transporting prisoners and shall assist the Delaware County Sheriff's Off ice in detaining and securing prisoners if a temporary detention facility is utilized. (6) The execution of this agreement shall not give rise to any liability or responsibility for failure to respond to any request for assistance made pursuant to this agreement against a political subdivision failing to respond and in favor of the political subdivision requesting assistance. This agreement - shall not be construed as or deemed to be an agreement for the benefit of any third party or parties, and no third party or parties shall have any right of action whatsoever hereunder for any cause whatsoever. (7) No charge shall be made to any contracting political subdivision entering into this agreement for services rendered by any other contracting political subdivision under the provisions of this agreement. (8) There shall be no reimbursement for loss or damage to equipment while engaged in activity in accordance with this agreement, nor shall there be any reimbursement for any indemnity award or premium contribution assessed against the employing political subdivision for wor!unens' compensation benefits arising by reason of injury or death to a member of the police department of said political subdivision while engaged in rendering services under this agreement. (9) This agreement shall become effective August 10, Any party to this agreement may withdraw at i thirty (30) days written notice 11 ~ the Chief of Police or other officer each of the other political 'which are a party hereto, and the uclaware County Prosecutor. Thereafter such withdrawing party shall no longer be a party to this agreement, but this agreement shall continue to exist-among and between the remain~.ng parties. (10) This agreement may be executed in any number of ' counterparts, all of which together shall be considered a single instrument. It shall not be necessary for any counterpart to be signed by more than one party. P_11 ccunterparts shall be filed with the office of the County Prosecutor of Delaware County, Ohio, which shall be the official depository for this agreement. The County Prosecutor of Delaware County, Ohio shall cause an annual review of this agreement to ensure it's compliance with applicable law. The County Prosecutor of Delaware County, Ohio shall send to eac~i party to this agreement a certificate showing the names of the contracting political subdivisions which have executed this agreement, and any Olitical additions or deletions of participating p subdivisions as they occur. r t• MUTUAL AID COMPACT SIGNATURE PAGE ` " Date Signs re Date Signature Chief Doug Patrick Chief Kathy Lieske Ashley Police Department Delaware City Police Department Gl~ 2 3 -q 1 ~ .4~ Date Signature Date Signature Sheriff Al Myers Chief Robert Taylor Delaware County Sheriff's Office Genoa Township Police Department i' Date Signature Date Signature ~ Chief Mark Bossa Chief Gary Vest Powell Police Department Shawnee Hills Police Department Date ignatur Date Si ature Chief Gary Hall Chief M i c h a e l C n c e y Sunbury Police Department Westerville Police Department Da e Approved as form and con ent. W. Duncan Whitney Delaware County Prosecutor