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HomeMy WebLinkAbout2006-11 • .7 RESOLUTION 2006-11 ADOPTION OF MUTUAL AID AGREEMENT BETWEEN TOWN OF PULASKI AND RADFORD CITY POLICE DEPARTMENTS WHEREAS, the Town Council of the Town of Pulaski, Virginia has considered the health, safety and general welfare of its citizens and deems that a Mutual Aid Agreement for the enforcement of laws across jurisdictional boundaries is consistent with the best interests of its citizens; and NOW THEREFORE, be it RESOLVED, that the Mutual Aid Agreement between the Town of Pulaski and the Radford City Police Departments attached hereto and expressly made a part hereof is hereby adopted and its execution expressly authorized. This resolution is effective upon adoption and is hereby adopted this 18th day of April, 2006 by the duly recorded vote of the Town Council of the Town of Pulaski, Virginia as follows: Jeffrey S. Worrell Daniel Talbert, Jr. Bettye H. Steger - Aye Lane R. Penn -Aye - Aye John T. Bolen -Aye - Aye Joel B. Burchett, Jr. -Aye THE TOWN OF PULASKI, VIRGINIA f7 % ,, By: harles L. Wade, Mayor ATTEST: Patncia Cruise, Clerk of Council • Resolution 2006-11 LAW ENFORCEMENT MUTUAL AID AGREEMENT THIS AGREEMENT, made this $ day of rn~, 2006, between the CITY .OF RADFORD, VIRGINIA, a Municipal Corporation ("Radford"), and TOWN OF PULASKI, a Municipal Corporation ("Pulaski"). BACKGROUND Radford and/or Pulaski intend by this Agreement to enter into a reciprocal agreement for cooperation in furnishing law enforcement services and for the use of their joint law enforcement personnel, equipment and materials for their mutual protection, defense and maintenance of peace and order pursuant to Section 15.2-1736 of the Code of Virginia (1950), as amended, subject to the specific terms and conditions contained i herein. AGREEMENT In consideration of the premises, covenants and mutual promises contained in this Agreement, the parties agree as follows: 1. Radford and Pulaski will endeavor to provide law enforcement support each to the other within their respective capabilities at the time the request for such support is made and may invoke the aid contemplated in this Agreement: (a) in the event of an emergency as determined by the Chief of Police of Pulaski or his designee (in the case of an emergency under Pulaski's jurisdiction), or by the Chief of Police of Radford or his designee (in the case of an emergency in Radford), (b) in the event necessity arises for enforcement of laws designed to control or prohibit the use or sale of controlled drugs or • of laws pertaining to sexual offenses as defined in Article 3, Ch. 8, Title 18.2, Code of • Virginia (1950), as amended; or (c) in any other case where such aid is deemed necessary by the Chief of Police or his designee for each jurisdiction for the protection, defense or the maintenance of peace, order or enforcement of laws, as provided by Section 15.2- 1736 in the Code of Virginia (1950), as amended. In any such event, the Chief of Police of Pulaski or the Chief of Police of Radford or their designee may request assistance to the other without the necessity of deputizing deputies or officers. Such deputies, officers and their principals shall have full police powers as conferred upon them by law in their own locality during the period of such emergency or necessity (including the authority and power to make arrests) and may participate in law enforcement activities in the other jurisdiction to the extent authorized • by the laws of the Commonwealth of Virginia. For the purposes of this Agreement, the jurisdiction of Radford shall be the present or future city limits and the jurisdiction of Pulaski shall be the present or future boundaries of the town. A11 law enforcement personnel responding to a request for assistance pursuant to this Agreement shall report to and take direction from the chief law enforcement officer of the requesting agency or his designee. 2. Nothing contained in this Agreement shall be construed to compel any party hereto to respond to a request for law enforcement support when the law enforcement personnel, equipment or materials of the jurisdiction to whom the request is directed are, in the opinion of said jurisdiction, needed or in use for other duties within the boundaries of that jurisdiction. • 3. The requesting jurisdiction shall be responsible for establishing a radio communication system for use by the responding jurisdiction. 4. Prior to the effective date of this Agreement, the parties hereto shall notify their respective law enforcement liability insurance carriers of the existence and terms of the Agreement. 5. The services performed and expenditures made under this Agreement shall be deemed for public and governmental purposes, and, when acting hereunder, the parties and their police officers, deputies and their principal shall be entitled to all of the same immunities from liability enjoyed in their own jurisdiction and shall enjoy all the same exemptions from laws, ordinances and regulations and shall have all of the same pension, • relief, disability, workers' compensation and other benefits enjoyed by them while performing their regulaz job duties. 6. No party to this Agreement shall be liable to any other party hereto for any loss damage, personal injury or death to equipment, materials or personnel resulting from the performance of this Agreement, whether such should occur within or outside the jurisdictional boundaries of the parties hereto. Additionally, there shall be no liability to any of the parties hereto for reimbursement for injuries to equipment, materials or personnel occasioned by a response rendered pursuant to this Agreement incurred when traveling to or from another jurisdiction. Neither party shall be liable to the other for any cost associated with or arising out of the rendering of assistance pursuant to this Agreement. The parties hereby waive any claims they may have against the other growing out of any act or omission carried out or effected under this Agreement. r r1 L.J 7. The parties to this Agreement recognize that they are each fully capable of independently providing services to adequately serve their respective political subdivisions. 8. The effective date of this Agreement is I~?N g , oZoa ~ .Its term shall be three (3) years from its effective date. 9. This Agreement may be terminated by either party upon ninety (90) days written notice to the other party. 10. The use of the term "party" shall include that party's employees, officials and officers. Approved as to form: City Attorney Date: ~~ d, ~o ~~ CITY OF RADFORD, VIRGINIA By: - City Manager By: Chief o olice Accepted by City Council of the City of Radford, Virginia, by Resolution on the day of , 2006. . f;jJ~,,~,~~