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06-95 Ordinance RECORD OF ORDINANCES Dayton Legal Blank Co. Form No. 30043 Ordinance No. . nQ6....9Sn Passed.n.n.m. munnnM mm.._U _ .19n. AN ORDINANCE TO AUTHORIZE THE CITY MANAGER TO ENTER INTO A MUTUAL AID AGREEMENT WITH DELAWARE COUNTY FOR POLICE PROTECTION, INCLUDING POLICE MANPOWER AND EQUIPMENT, AND DECLARING AN EMERGENCY. WHEREAS, the City of Dublin is authorized to enter into an agreement for the purpose of providing emergency police protection in other political subdivisions under Ohio Revised Code S737.04; and WHEREAS, the City of Dublin desires to provide the citizens of Dublin more efficient police protection in emergency situations and during actual or potential situations that pose an immediate threat to life or property and that exceed the capability of the local agency to counteract successfully; and WHEREAS, the City of Dublin and the Delaware County Sheriff desire to mutually assist each other in the above-mentioned situations by executing a Mutual Aid Agreement, thus enabling each party to receive from the other additional personnel, equipment, and/or other resources in emergency situations and during actual or potential situations that pose an immediate threat to life or property and that exceed the capability of the local agency to counteract successfully. NOW, THEREFORE, BE IT O~AINED by the Council of the city of Dublin, State of Ohio, of the elected members concurring that: Section 1. Council finds that a Mutual Aid Agreement with Delaware County is necessary for the stated purposes. Section 2. The city Manager is authorized to execute the Mutual Aid Agreement, attached hereto as Exhibit "A", or one substantially similar, between the City of Dublin and Delaware county. Section 3. This ordinance is hereby declared to be an emergency necessary for the immediate preservation of the public health, safety and welfare. The reason for such necessity is the importance of allowing the police department to more efficiently utilize all the police protection resources available in order to benefit the citizens of Dublin and to provide additional benefit to police personnel from increased police protection. Passed this )3y-).... day of ~AA Ar/ , 1995. MAYo14~G OFFICER ATTEST: ~ ~~ CLERK OF COUNCIL I,hereby certify that copies of this Ordinonce/h~ . CIty of Dublin in ofcordonf! ",:.~ S~ti 73 ~ere posfed in t t , on 1.25 of rile OIIio Revised Cod, ~/ C/ ('~ Cleric of Councir, Dublin, Ohio 366 EAST BROAD STREET COLUMBUS, OHIO 43215 FAX 614/221-0216 TELEPHONE 614/228-6135 CARULE PATCHEN & MURPHY ATIORNEYS AT LAW February 8, 1995 Chief Ron Ferrell Dublin Police Department 6565 Commerce Parkway Dublin, Ohio 43017 Re: Mutual Aid Agreement Dear Chief: Enclosed please find an executed original of the Mutual Aid Agreement between the City of Dublin and Delaware County, for your records. Very truly yours, ~ David M. Karr DMK/BJG/137558 035505.008 Enclosure cc: Ms. Marsha Grigsby (w/encls.l Ms. Anne Clarke (w/encls.l MUTUAL AID AGREEMENT This Mutual Aid Agreement ("Agreement") is entered into by and between the City of Dublin, ohio ("Dublin") and the County of Delaware, Ohio, Office of the Sheriff of Delaware County, Ohio (the "Delaware County Sheriff"). RECITALS I. Dublin and the Delaware County Sheriff desire to provide the citizens of Dublin and Delaware County more efficient police protection in emergency situations and during actual or potential situations that pose an immediate threat to life or property and that exceed the capability of a local agency to counteract successfully. II. Dublin and the Delaware County Sheriff desire to mutually assist each other in the above-mentioned situations. III. Dublin is authorized to enter into an agreement for the purpose of providing emergency police protection in other political subdivisions under Ohio Revised Code S737.04. IV. The Delaware County Sheriff is authorized to enter into an agreement for the purpose of providing emergency police protection in other political subdivisions pursuant to Ohio Revised Code S311.29. The parties agree as follows: section 1. Prior Agreements. All mutual aid agreements entered into by Dublin and the Delaware County Sheriff for mutual police services are amended and superseded by this agreement. section 2. Definitions. 2.1. The "Officer-in-Charge" shall refer to the highest-ranking officer on duty. 2.2. The "Receiving Party" shall refer to the party which receives a request for assistance. 2.3. The "Requesting Party" shall refer to the party which requests assistance. 2.4. "Emergency" shall refer to an actual or potential condition that poses an immediate JWS/DMK/BJG/69352 035505.181 threat to life or property, and exceeds the capability of a local agency to counteract successfully. Section 3. Mutual Assistance. Upon the request of the Officer-in-Charge of the Requesting Party to the Officer-in-charge of the Receiving Party, the Receiving Party agrees to provide such personnel, equipment, and/or other resources requested insofar as the Officer-in-Charge of the Receiving Party determines that such personnel, equipment, and/or other resources are available. Section 4. Recall of Manpower and Equipment. If mutual aid is provided, it will only be provided pursuant to the particular policy of the Receiving Party, and the Officer-in-Charge of the Receiving Party has sole discretion to recall any such manpower and equipment furnished to the Requesting Party. Section s. Officer in Distress. Any officer of either party who becomes aware of an officer of the other party in distress, may enter the territory of the other party to offer assistance to the officer in distress, without the necessity of any prior request for assistance from the Officer-in-Charge, as long as he shall use sound discretion and reasonable judgment. Section 6. Commission of a Felony. Any officer of either party who sees a felony being committed within the territory of the other party shall have the authority to apprehend or attempt to apprehend the person or persons committing said felony, as long as he shall use sound discretion and reasonable judgment. Section 7. Liability and Indemnification. 7.1. Neither party shall be reimbursed for loss or damage to equipment utilized in rendering assistance pursuant to this Agreement. 7.2. Neither party shall be reimbursed for any indemnity award or premium contribution assessed against it for workmen's compensation benefits arising by reason of injury or death to its personnel while rendering assistance pursuant to this Agreement. 7.3. Neither party shall be liable for denying, delaying or providing inadequate assistance, and neither party shall be liable if the assistance is not required upon the arrival of the Receiving Party's personnel, equipment and/or other resources. JWS/DMK/BJG/69352 035505.181 2 Section 8. Status of Personnel. 8.1. All personnel of the Receiving Party shall be cons idered as acting within the scope of their employment while rendering assistance pursuant to this Agreement. 8.2. All personnel acting outside their respective jurisdictions while rendering assistance pursuant to the terms of this Agreement, may participate in any pension or indemnity fund established by their respective employers to the same extent as when acting within their jurisdiction. In addition, they shall be entitled to all of the rights and benefits of Ohio Revised Code SS4123.01 through 4123.94, inclusive, to the same extent as while performing police services within the jurisdiction in which they are employed. section 9. Fees. The consideration for this Agreement is the mutual benefit to each party from increased police protection. Neither party is entitled to a fee for the services rendered to the other party pursuant to the terms of this Agreement. section 10. Authority of the Officer-in-charqe. The Officer-in-Charge of the Requesting Party shall possess full authority and supervision over the personnel, equipment and/or other resources provided by the Receiving Party pursuant to this Agreement. This provision shall not be construed to limit the authority of the Receiving Party. section 11. Term. The term of this Agreement is three years and shall automatically be renewed for successive periods of three years. Either party may terminate this Agreement upon 30 days written notice addressed to the Officer-in-Charge or Chief of Police of the other party. Section 12. Means of communication. If assistance is provided pursuant to the terms of this Agreement, the parties shall establish initial radio communication through the use of either LEERN Channel 1 (state band 154.935) or any other form of radio communications that may be mutually available to the parties. Once communication has been established, the parties shall change to state band 155.370 for further communications. section 13. Mass Arrest. If either party requests assistance in the event of a mass arrest (the arrest of a number of individuals which exceeds the normal capacity of the requesting agency to process), the Receiving Party shall assist in the preliminary processing of arrestees, said assistance consisting of: (a) identification of arrestees; (b) control of property obtained from arrestees; and (c) completion of arrest U-10-100 forms. The JWS/DMK/BJG/69352 035505.181 3 Receiving Party shall also assist in transporting prisoners and in detaining and securing prisoners if a temporary detention facility is utilized. section 14. Review of Available Resources. The parties shall keep each other informed as to the available personnel, equipment, and other resources and of any significant changes thereto. section 15. Third Parties. 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. 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. All counterparts shall be filed with the Office of the County Prosecutor of Delaware County, Ohio, which shall be official depository for this agreement. The County Prosecutor of Delaware County, Ohio shall cause an annual review of this agreement to insure its compliance with applicable law. CITY OF DUBLIN, OHIO ~M tl. ~~ itnes ;:k' ~ rruMdUi ~ Tim~HanSley, C~ y Manager tness DELAWARE COUNTY SHERIFF ~ W~tness ~ ~~ .f?~ M.3lR.~) Al Myers, Sheriff Witness JWS/DMK/BJG/69352 035505.181 4 t MUTUAL AID AGREEMENT This Mutual Aid Agreement ("Agreement" ) is entered into by and between the city of Dublin, Ohio ("Dublin" ) and the County of Delaware, Ohio, Office of the Sheriff of Delaware county, Ohio (the "Delaware County Sheriff"). RECITALS I I. Dublin and the Delaware County Sheriff desire to provide the citizens of Dublin and Delaware County more efficient police protection in emergency situations and during actual or potential situations that pose an immediate threat to life or property and that exceed the capability of a local agency to counteract successfully. II. Dublin and the Delaware County Sheriff desire to mutually assist each other in the above-mentioned situations. III. Dublin is authorized to enter into an agreement for the purpose of providing emergency police protection in other political subdivisions under Ohio Revised Code S737.04. IV. The Delaware County Sheriff is authorized to enter into an agreement for the purpose of providing emergency police protection in other political subdivisions pursuant to Ohio Revised Code S311. 29. The parties agree as follows: section 1. Prior Agreements. All mutual aid agreements entered into by Dublin and the Delaware County Sheriff for mutual police services are amended and superseded by this agreement. section 2. Definitions. 2.1. The "Officer-in-Charge" shall refer to the highest-ranking officer on duty. 2.2. The "Receiving Party" shall refer to the party which receives a request for assistance. 2.3. The "Requesting Party" shall refer to the party which requests assistance. 2.4. "Emergency" shall refer to an actual or potential condition that poses an immediate JWSjDMKjBJGj69352 035505.181 I threat to life or property, and exceeds the capabili ty of a local agency to counteract successfully. section 3. Mutual Assistance. Upon the request of the Officer-in-Charge of the Requesting Party to the Officer-in-Charge of the Receiving Party, the Receiving Party agrees to provide such personnel, equipment, and/or other resources requested insofar as the Officer-in-Charge of the Receiving Party determines that such personnel, equipment, and/or other resources are available. I section 4. Recall of Manpower and Equipment. If mutual aid is provided, it will only be provided pursuant to the particular policy of the Receiving Party, and the Officer-in-Charge of the Receiving Party has sole discretion to recall any such manpower and equipment furnished to the Requesting Party. section 5. Officer in Distress. Any officer of either party who becomes aware of an officer of the other party in distress, may enter the territory of the other party to offer assistance to the officer in distress, without the necessity of any prior request for assistance from the Officer-in-Charge, as long as he shall use sound discretion and reasonable judgment. section 6. commission of a Felony. Any officer of either party who sees a felony being committed within the territory of the other party shall have the authority to apprehend or attempt to apprehend the person or persons committing said felony, as long as he shall use sound discretion and reasonable judgment. section 7. Liability and Indemnification. 7.1. Neither party shall be reimbursed for loss or damage to equipment utilized in rendering assistance pursuant to this Agreement. 7.2. Neither party shall be reimbursed for any indemnity award or premium contribution assessed against it for workmen's compensation benefits arising by reason of injury or death to its personnel while rendering assistance pursuant to this Agreement. 7.3. Neither party shall be liable for denying, delaying or providing inadequate assistance, and neither party shall be liable if the assistance is not required upon the arrival of the Receiving Party's personnel, equipment and/or other resources. JWS/DMK/BJG/69352 035505.181 2 , section 8. Status of Personnel. 8.1. All personnel of the Receiving Party shall be considered as acting within the scope of their employment while rendering assistance pursuant to this Agreement. 8.2. All personnel acting outside their respective jurisdictions while rendering assistance pursuant to the terms of this Agreement, may participate in any pension or indemnity fund established by their respective employers to the same extent as when acting within their jurisdiction. In addition, they shall be entitled to all of the rights and benefits of Ohio Revised Code SS4123.01 through 4123.94, inclusive, to the same extent as while performing police services within the jurisdiction in which they are employed. Section 9. Fees. The consideration for this Agreement is the mutual benefit to each party from increased police protection. Neither party is entitled to a fee for the services rendered to the other party pursuant to the terms of this Agreement. section 10. Authority of the Officer-in-Charge. The Officer-in-charge of the Requesting Party shall possess full authority and supervision over the personnel, equipment and/or other resources provided by the Receiving Party pursuant to this Agreement. This provision shall not be construed to limit the authority of the Receiving Party. section 11. Term. The term of this Agreement is three years and shall automatically be renewed for successive periods of three years. Either party may terminate this Agreement upon 30 days written notice addressed to the Officer-in-Charge or Chief of Police of the other party. section 12. Means of Communication. If assistance is provided pursuant to the terms of this Agreement, the parties shall establish initial radio communication through the use of either LEERN Channel 1 (state band 154.935) or any other form of radio communications that may be mutually available to the parties. Once communication has been established, the parties shall change to state band 155.370 for further communications. section 13. Mass Arrest. If either party requests assistance in the event of a mass arrest (the arrest of a number of individuals which exceeds the normal capacity of the requesting agency to process), the Receiving Party shall assist in the preliminary processing of arrestees, said assistance consisting of: (a) identification of arresteesj (b) control of property obtained from arresteesj and (c) completion of arrest U-10-100 forms. The JWS/DMK/BJG/69352 035505.181 3 .. Receiving Party shall also assist in transporting prisoners and in detaining and securing prisoners if a temporary detention facility is utilized. Section 14. Review of Available Resources. The parties shall keep each other informed as to the available personnel, equipment, and other resources and of any significant changes thereto. section 15. Third Parties. 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. 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. All counterparts shall be filed with the Office of the County Prosecutor of Delaware County, Ohio, which shall be official depository for this agreement. The County Prosecutor of Delaware County, Ohio shall cause an annual review of this agreement to insure its compliance with applicable law. CITY OF DUBLIN, OHIO witness Timothy C. Hansley, City Manager witness DELAWARE COUNTY SHERIFF witness witness JWS/DMK/BJG/69352 035505.181 4