REGIONAL MUTUAL AID AGREEMENT

 

THIS AGREEMENT made this                      day of                          , 2007 by and between the COUNTY OF ALBEMARLE (the “County”), the TOWN OF GORDONSVILLE (the “Town”), the SHERIFF OF GREENE COUNTY, and the SHERIFF OF FLUVANNA COUNTY.

WHEREAS, Va. Code §§ 15.2-1726 and 15.2-1730.1 authorize the governing bodies of a County and Town and Sheriffs to enter into reciprocal agreements for mutual aid for emergency purposes, for maintenance of peace and good order and for cooperation in the furnishing of police services;

WHEREAS, the County, Town and the Sheriffs have determined that the provision of police aid across jurisdictional lines will increase their ability to respond to law enforcement emergencies involving immediate threats to life or public safety in their respective jurisdictions, and will assist them in the preservation of public safety and welfare of the entire area;

WHEREAS, it is deemed to be mutually beneficial to the parties hereto to enter into an agreement concerning mutual aid and cooperation with regard to law enforcement; and

WHEREAS, the parties hereto desire that the terms and conditions of the Regional Mutual Aid Agreement (the “Agreement”) be established.

NOW THEREFORE, for and in consideration of the mutual benefits to be derived from this Agreement, the parties hereto covenant and agree as follows:

1.      Each party will endeavor to provide police support to the parties to this Agreement within the capabilities available at the time the request for such support is made and within the terms of this Agreement.

2.      Requests for assistance pursuant to the terms and conditions of this Agreement shall be initiated by the requesting party’s on-duty commander, bureau commander, their respective designees or the highest-ranking officer on-duty at the time of the request.

3.      To the extent feasible, the requesting party shall be responsible for designating a communications system for use by the requested party.

4.      The personnel of the requested party shall render such assistance under the direction of the Chief of Police/Sheriff or other principal law enforcement officer of the requested party, or their designees.

5.      Law enforcement support provided pursuant to this Agreement shall include, but not be limited to, the following resources: uniformed officers, canine officers, forensic support, plainclothes officers, special operations personnel and related equipment.

6.      The decision whether to provide law enforcement support under this Agreement shall at all times remain within the discretion of the requested agency.  Nothing contained in this Agreement should in any manner be construed to compel any of the parties hereto to respond to a request for law enforcement support when the personnel of the party to whom the request is made are, in the opinion of the requested party, needed or are being used within the boundaries of their jurisdiction, nor shall any such request compel the requested party to continue to provide police support to another party when its police personnel or equipment, in the opinion of the requested party, are needed for other duties within the boundaries of its own jurisdiction.

7.      The responsibility for investigation and subsequent actions within the requesting jurisdiction shall remain with the law enforcement agency of the requesting party.  Entering law enforcement personnel shall promptly notify the agency of the entered jurisdiction upon discovery of a crime in the jurisdiction where the offense occurred.

8.      Officers acting pursuant to this Agreement shall be granted authority to enforce the laws of the Commonwealth of Virginia and to perform the other duties of a law enforcement officer, such authority shall be in conformance with Va. Code §§ 15.2-1724, 15.2-1726, 15.2-1730 and 15.2-1730.1 as may be applicable; however, law enforcement officers of any jurisdiction who might be casually present in any other jurisdiction shall have power to apprehend and make arrests only in such instances where an apparent, immediate threat to public safety precludes the option of deferring action to the local law enforcement agency.

9.       When performing police duties in a requesting jurisdiction pursuant to the provisions of this Agreement, each law enforcement officer, agent, and other employee of the parties hereto shall have the same police powers, rights and privileges, including the authority to make arrests, as the officers, agents or employees have in the jurisdiction where they were appointed.

10.   Pursuant to Va. Code § 15.2-1724, the services performed and expenditures made under this Agreement shall be deemed to be for public and governmental purposes and all immunities afforded to the requested jurisdiction when acting within its boundaries shall extend to its participation in rendering assistance outside its boundaries to a requesting jurisdiction.  For the purposes of this Agreement, the requested party that responds to a request for assistance is rendering aid once it has entered the jurisdictional boundaries of the requesting party pursuant to the provisions herein.

11.   All immunities from liability, exemptions from laws, ordinances and regulations, pension, relief, disability, worker’s compensation, life and health insurance, and other benefits enjoyed by law enforcement officers, agents and other employees of each party shall extend to the services they perform under this Agreement outside their respective jurisdictions.  Each party agrees that the provision of these benefits shall remain the responsibility of the primary employing party.

12.   To the extent permitted by the laws of the Commonwealth of Virginia, each party hereto, in activities involving the rendering of assistance to a requesting party pursuant to this Agreement, shall (i) waive any and all claims against all other parties to this Agreement which may arise out of such parties’ activities outside their respective jurisdictions, and (ii) be responsible for the acts or omissions of its law enforcement officers, agents and other employees causing harm to persons  not a party to this Agreement.  Nothing herein shall be deemed as an expressed or implied waiver of the sovereign immunity of the parties to this Agreement.

13.  The parties to this Agreement shall not be liable to each other for reimbursement for injuries to personnel or damage to equipment incurred when going to or returning from another jurisdiction.  Neither shall the parties hereto be liable to each other for any other costs associated with, or arising out of, the rendering of assistance pursuant to this Agreement, unless the parties expressly agree otherwise in advance of the provision of assistance under this Agreement.

14.  This Agreement sets forth the complete agreement relating to the provision of mutual police services among the parties hereto.  However, nothing herein shall affect the enforceability of separate mutual aid agreements entered into by the County.

15.  Any of the parties hereto may withdraw from this Agreement by giving ninety (90) days written notice to that effect to the other parties.

16.  This Agreement is subject to the approval of the governing bodies of the County of Albemarle and Town of Gordonsville and the Sheriffs of the County of Fluvanna and the County of Green.

WHEREBY, the parties hereto have executed this Regional Mutual Aid Agreement, by their authorized representatives, whose signatures are set forth following below as of the day and year first set forth above.

 

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