[R.O. 2006 §200.270; Ord. No. 89.14 §1, 5-18-1989; Ord. No. 23.01, 3-2-2023]
The Mayor of the City of Osage Beach or the Police Chief acting
for and on behalf of the City of Osage Beach is authorized and empowered
hereby to enter into and sign a mutual-aid agreement or a Memorandum
of Understanding for the formation or continual operation of the Lake
of the Ozarks Major Case Squad other Law Enforcement Task Force.
[R.O. 2006 §200.280; Ord. No. 92.25 §§1 — 11, 8-20-1992]
A. The
Mayor with the Board of Aldermen may enter into mutual-aid arrangements
or agreements with other public and private agencies within and without
the State for reciprocal emergency aid as authorized in Section 44.090,
RSMo.
B. The
members of the Police Department of the City of Osage Beach, Missouri,
upon direction of the Chief of Police, shall respond, if consistent
with the public safety of the City of Osage Beach, Missouri, to a
request for assistance from the Police or Sheriff Departments of any
City, Town, Village or County which is a contract party pursuant to
the directions and regulations provided by the office of the Chief
of Police of the City of Osage Beach, Missouri.
C. Each
City of Osage Beach Police Officer performing services in any other
City, Town, Village or County, in accordance with the terms of this
contract, shall have all of the powers, rights, privileges, duties
and immunities of the members of the Police force of the City, Town
or Village, or the Sheriff's Department of the County requesting assistance,
provided that no Police Officer, officer or employee of any participating
City, Town, Village or County shall be considered a Police Officer,
officer, or employee of any City, Town, Village or County, other than
the one by which he/she is regularly employed, and he/she shall remain
in the control of the office of the Chief of Police or Sheriff of
his/her respective City, Town, Village or County.
D. The
consideration for this contract shall be the service given for the
protection of lives and property by the Police or Sheriff Department
of each participating City, Town, Village or County, and no compensation
shall accrue or be paid by any participating City, Town, Village or
County, to any other.
E. Equipment
and property utilized in the performance of the common Police and
law enforcement service provided by this contract shall be at the
risk of the City, Town, Village or County, owning same, and any loan
or damage thereto shall be borne by such City, Town, Village or County;
provided however, that nothing herein contained shall be construed
to limit the liability of any City, Town, Village or County, or its
agents, servants or employees arising out of any tortious conduct.
F. No
City, Town, Village or County, participating in this contract shall
be liable to any other for failure to respond to any call by the other,
or for delay, negligence or mistake in receiving or responding to
any call, nor shall this contract be interpreted as being an agreement
for the benefit of any third (3rd) person.
G. Nothing
herein contained shall be construed or mean that a Police Officer,
officer or employee of any other City, Town, Village or County, participating
in this contract, who is injured, killed or who dies of injuries sustained
while performing services in the City of Osage Beach, Missouri, under
this contract shall be covered by any insurance provided by the City
of Osage Beach, Missouri, for its Police Officers.
H. No
Police Officer of the City of Osage Beach, Missouri, otherwise entitled
to the benefits and protection of any insurance carrier by the City
of Osage Beach, Missouri, shall be deprived thereof by reason of the
fact that such officer was injured, killed or died as a result of
injuries sustained in another City, Town, Village or County; provided
however, that any such injury or death occurred while such officer
was performing services pursuant to this contract, under the authorization
of the Chief of Police of the City of Osage Beach, Missouri.
I. This
contract, insofar as it is applicable to any particular City, Town,
Village or County, may be terminated at any time by any party hereto
thirty (30) days after service upon the Clerk of each remaining contracting
City, Town, Village or County, a certified copy of an ordinance or
order terminating the contract by such City, Town, Village or County.
J. The
Chief of Police of each City, Town, Village or the Sheriff of any
participating County shall be the sole judge as to whether any portion
of their equipment and personnel can be safely spared to respond to
any call for assistance by any other City, Town, Village or County,
a party to this contract.