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HomeMy WebLinkAboutMunicipal Aid and Assistancey,IFfq,�� RESOLUTION 2015-173 ADOPTED DOC ID: 10551 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2015-173 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON FEBRUARY 10, 2015: RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute the Municipal Mutual Aid and Assistance Agreement between the municipal corporations of the Town of Riverhead, Town of Southampton, Town of East Hampton, Town of Southold, Town of Shelter Island, Village of Southampton, Village of East Hampton, Village of Quogue, Village of Westhampton Beach, and the Village of Sag Harbor, in connection with providing mutual aid in the event of a disaster or emergency, for a term of five years, subject to the approval of the Town Attorney. Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: William P. Ruland, Councilman SECONDER: Louisa P. Evans, Justice AYES: Ghosio, Dinizio Jr, Ruland, Doherty, Evans, Russell Municipal Mutual Aid and Assistance Agreement The Police Departments of the Towns of Southampton, Riverhead, East Hampton, Southold and Shelter Island and the Police Departments of the Villages of Southampton, East Hampton, Quogue, Westhampton Beach and Sag Harbor. This Agreement, made as of the 1st day of January, 2015, between the municipal corporations of the Towns of Southampton, Riverhead, East Hampton, Southold and Shelter Island and the Villages of Southampton, East Hampton, Quogue, Westhampton Beach and Sag Harbor. Legislative Intent The safety and well-being of all the residents of and visitors to the East End Towns and Villages is of the utmost importance for the municipalities. It remains necessary for the Towns and Villages to act in a fiscally responsible manner. As means of accomplishing both objectives, the East End Towns and Villages, that maintain their own police departments, are entering into a Municipal Aid and Assistance Agreement with each other. In the event of a local disaster, civil disturbance or any other event where it may be necessary to have additional resources available, while it is not fiscally sound to stock pile equipment or to hire additional personnel solely for the purpose of assisting at the time of a disaster or event, a Municipal Mutual Aid and Assistance Agreement between the aforementioned municipal corporations will allow them to share their resources at such times. The ability to use those resources only when needed and without financial liability provides an opportunity to the municipalities for better service, while limiting financial impact to only those times of absolute need. WHEREAS, the State of New York is vulnerable to a variety of disasters and emergencies; and WHEREAS, in addition to the State, the Federal Emergency Management Agency (FEMA) has recognized the importance of the concept of written mutual aid agreements between all levels of government to facilitate reimbursement; and WHEREAS, pursuant to the Constitution of the State of New York, municipalities are allowed to enter into mutual aid and assistance agreements, which may include provisions for the furnishing and exchanging of supplies, equipment, facilities, personnel and services during an emergency or event; and WHEREAS, the municipalities which have chosen to become signatories to this Agreement wish to provide mutual aid and assistance amongst one another. NOW THEREFORE, pursuant to Article IX, Section I of the Constitution of the State of New York, these municipalities agree to enter into this Agreement for mutual aid and assistance, with this Agreement embodying the understandings, commitments, terms and conditions for said aid and assistance, as follows: SECTION I DEFINITION A. "Agreement" shall mean this document, the "Municipal Mutual Aid and Assistance Agreement". B. "Aid and Assistance" shall include, but not limited to, personnel, equipment, facilities, services, supplies and other resources. C. "Authorized Representative" shall mean a party's chief executive officer, chief of police and other employees, if any, who have been authorized by that party, to request, offer or otherwise provide assistance under the terms of this Agreement. An Authorized Representative shall have the ability to commit the resources of its municipality without further authorization from any other source. D. "CEELERT" means Coordinated East End Law Enforcement Response Team. E. "Disaster" means occurrence or immanent threat of widespread or severe damage, injury, loss of life or property resulting from any natural or man-made causes, including but not limited to fire, flood, earthquake, hurricane, tornado, high-water, landslide, wind, storm, wave action, volcanic activity, epidemic, air contamination, bridge failure or bridge collapse. F. "Dispatching Police Department" shall mean the police department designated for each Recipient on the CEELERT notification form. The Dispatching Police Department will receive the CEELERT request from the Recipient and convey that request to each Provider. G. "Event" means any occurrence which would require additional resources. H. "Municipality" means a public corporation as defined in Subdivision 1, Section 66 of the General Construction Law and a special district as defined in Subdivision 16 of Section 102 of the Real Property Tax Law. I. "Party" means a municipality that has adopted and executed this Agreement. J. "Provider" means the party that has received a request to furnish aid and assistance to the party in need (the "Recipient"). K. "Recipient" means the party setting forth a request for aid and assistance to another party. 2 SECTION II INITIAL RECOGNITION OF PRINCIPLE BY ALL PARTIES A. As this is a reciprocal contract, it is recognized that any party to this Agreement may be requested by another party to be a Provider. It is mutually understood that each party's foremost responsibility is to its own citizens. The provisions of this Agreement shall not be construed to impose an unconditional obligation on any party to this Agreement to provide aid and assistance pursuant to a request from another party. Accordingly, when aid and assistance have been requested, a party may in good faith withhold resources in order to provide reasonable and adequate protection for its own community, by deeming itself unavailable to respond and so inform the party setting forth the request. B. Given the finite resources of any jurisdiction and the potential for each party to be unavailable for aid and assistance at a given point in time, the parties mutually encourage each other to enlist other entities in aid and assistance efforts and to enter into such agreements accordingly. Concomitantly, the parties fully recognize that there is a highly meritorious reason for entering into this Agreement and accordingly shall attempt to render assistance in accordance with the terms of this Agreement to the fullest extent possible. C. Pursuant to the Constitution of the State of New York and as elaborated upon in Section IX of this Agreement, all functions and activities performed under this Agreement are carried out for the benefit of the general public and not for the benefit of any specific individual or individuals. Accordingly, this Agreement shall not be construed as or deemed to be an agreement for the benefit of any third party or person and no third party or person shall have any right of action under this Agreement for any cause whatsoever. All immunities provided by law shall be fully applicable as elaborated upon in Section VII of this Agreement. D. It is intended by the parties that this Agreement shall apply both to a mutual aid request that may involve only two or several municipalities and to a more widespread East End Emergency of the type described on Appendix A attached hereto and made a part hereof. SECTION III PROCEDURES FOR REQUESTING ASSISTANCE A. Aid and assistance shall not be requested unless the resources available within the stricken area are deemed inadequate by the Recipient. When Recipient becomes affected by a disaster or an emergency event and deems its resources inadequate, it may request aid and assistance by communicating the request. A verbal request shall be followed as soon as practicable by a written confirmation of that request. All requests for aid and assistance shall be transmitted by, or as directed by, the party's Authorized Representative as set forth below. Any party receiving a request for assistance on an emergency basis shall be entitled to presume conclusively that such request has been authorized by the Recipient's Authorized Representative unless and until otherwise notified by the requesting party. B. All initial communications shall be conducted directly between Recipient and their Dispatching Police Department. The Dispatching Police Department will contact the Provider with the initial request, the incident, Recipient contact person, Recipient contact telephone number, staging area and any other pertinent information. The Dispatching Police Department will record Provider person notified and number of personnel responding. The Dispatching Police Department will complete the CEELERT notification form. This does not prohibit communications between the Recipient contact person and the Provider. C. Provider's Traveling Employee Needs - Unless otherwise specified by Recipient or agreed to by the parties in writing, it is mutually understood that Recipient will provide for the needs of Provider's traveling employees. Recipient shall pay for all reasonable out-of-pocket costs and expenses of Provider's personnel including, without limitation, transportation expenses for travel to and from the stricken area. Further, Recipient shall house and feed Provider's personnel at its (Recipient's) sole cost and expense. If Recipient cannot provide such food and /or housing at the disaster area, Recipient shall specify in its request for assistance that personnel will be required to service their own needs. SECTION IV PROVIDER'S ASSESSMENT OF AVAILABILITY OF RESOURCES AND ABILITY TO RENDER ASSISTANCE When contacted by the Dispatching Police Department, Provider's Authorized Representative shall assess Provider's own local situation to determine available personnel, equipment and other resources. If Provider's Authorized Representative determines that Provider has available resources, Provider's Authorized Representative shall so notify Dispatching Police Department and as soon as practicable, provide verbal verification of the response to the request. SECTION V SUPERVISION AND CONTROL Provider shall designate supervisory personnel amongst its employees sent to render aid and assistance to Recipient. As soon as practicable, Recipient shall assign work tasks to Provider's supervisory personnel and unless specifically instructed otherwise, Recipient shall have the responsibility for coordination between Provider's supervisory personnel and Recipient. Recipient shall provide necessary credentials to Provider's personnel authorizing them to operate on behalf of the Recipient. Based upon such assignments set forth by Recipient, Provider's supervisory personnel shall: 4 1. have the authority to assign work and establish work schedules for Provider's personnel; 2. maintain daily personnel time records, material records and a log of equipment hours; 3. report work progress to Recipient at mutually agreed upon intervals. SECTION VI LENGTH OF TIME FOR AID AND ASSISTANCE RENEWABILITY — RECALL A. Unless otherwise provided, the duration of the Provider's assistance shall be for an initial period of up to twenty-four (24) hours, starting from the time of the call for assistance until the personnel go out of service for the Recipient. Thereafter, assistance may be extended in increments agreed upon by the Authorized Representatives of the Provider and Recipient. B. As noted in Section II of this Agreement, Provider's personnel, equipment and other resources shall remain subject to recall by Provider to provide for its own citizens if circumstances so warrant. Provider shall make a good faith effort to provide at least eight (8) hours advance notification to Recipient of Provider's intent to terminate the assistance, unless such notice is not practicable, in which case as much notice as is reasonable under the circumstances shall be provided. SECTION VII RIGHTS AND PRIVILEGES OF PROVIDER'S EMPLOYEES Whenever Provider's employees are rendering aid and assistance pursuant to this Agreement, such employees shall remain the responsibility of the Provider and retain the same powers, duties, immunities and privileges they would ordinarily possess if performing their duties within the geographic limits of Provider. SECTION VIII PROVIDER'S EMPLOYEE WORKERS' COMPENSATION Recipient shall not be responsible for reimbursing any amounts paid or due as benefits to Provider's employees due to personal injury or death occurring during the periods of time such employees are engaged in rendering aid and assistance under this Agreement. It is mutually understood that Recipient and Provider shall be responsible for payment of such Workers' Compensation benefits only to their own respective employees. 5 SECTION IX HOLD HARMLESS Each parry (as Indemnitor) agrees to protect, defend, indemnify and hold each other party (as Indemnitee) and its officers, employees and agents, free and harmless from and against any and all losses, penalties, damages, assessments, costs, charges, professional fees and other expenses or liabilities of every kind arising out of or relating to any and all claims, liens, demands, obligations, actions, proceedings or causes of action of every kind in connection with or arising out of all acts, errors and/or omissions (actual or alleged) of such Indemnitor and its officers or employees. Indemnitor further agrees to investigate, handle, respond to, provide defense for and defend any such claims, etc. at Indemnitor's sole expense and agrees to bear all other costs and expenses related thereto. To the extent that immunity does not apply, each party shall bear the risk of its own actions, as it does with its day to day operations and determine for itself what kinds of insurance and in what amounts it should carry. Each party understands and agrees that any insurance protection obtained shall in no way limit the responsibility to indemnify, keep and hold harmless the Indemnitees as provided herein. SECTION X AMENDMENTS This Agreement may be modified at any time upon the mutual written consent of the parties. Additional municipalities may become parties to this Agreement upon the acceptance and execution of this Agreement. SECTION XI DURATION OF AGREEMENT — RENEWAL — TERMINATION This Agreement shall be binding from its effective date and continue to be effective to and including December 31, 2019. Thereafter, this Agreement shall automatically renew and continue to be binding upon the parties from January 1 through and including December 31 each subsequent year. Notwithstanding the foregoing, any municipality may withdraw at any time during the term of this Agreement or renewals by written notification served personally or by certified mail to the other parties to the Agreement. The withdrawal shall not be effective until sixty (60) days after notice thereof has been sent. A parry's withdrawal from this Agreement shall not affect such party's, indemnification or reimbursement obligations or any other liability or obligation under the terms of this Agreement incurred hereunder. Once the withdrawal is effective, the withdrawing entity shall no longer be a party to this Agreement but this Agreement shall continue to exist among the remaining parties. T SECTION XII HEADINGS The headings of various sections and subsections of this Agreement have been inserted for convenient reference only and shall not be construed as modifying, amending or affecting in any way the express terms and provisions of this Agreement. SECTION XIII SEVERABILITY — EFFECT ON OTHER AGREEMENTS — COUNTERPARTS A. Should any clause, sentence, provision, paragraph or other part of this Agreement be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect, impair or invalidate the remainder of this Agreement. B. In the event that parties to this Agreement have entered into other aid and assistance agreements, those parties agree that, to the extent a request for aid and assistance is made pursuant to this Agreement, those other aid and assistance agreements are superseded by this Agreement C. This Agreement may be executed in two or more counterparts with the same effect as if all parties were signatories on a single document. SECTION XIV EFFECTIVE DATE This Agreement shall take effect upon its approval and execution by all of the municipalities identified as parties hereto. When this Agreement becomes effective, it shall automatically supersede the prior Mutual Aid and Assistance Agreement dated September 4, 2008. IN WITNESS WHEREOF, each of the parties has caused this Municipal Mutual Aid and Assistance Agreement to be duly executed in its name and on its behalf by its Chief Executive Officer, with concurrence of a majority of its governing board, on the date set forth opposite its name. 7 Mutual Aid and Assistance Agreement Signature Page An -6a. Throne-fIolst, S4ervisor, Town of Southampton Sean M Walter, Supervisor, Town of Riverhead Larry CantAll, Supelvisor, Town of East Hampton Scott A. Rlissell, TSrvisor , Town of Southold D. Dougherty, Superviso4 Town/of Shelter Island Mark Epley, Mayo, Village of Southampton Paul F. Rickenbach Jr., Maydr,-N44age of East Hampton` �Itav rn Peter Sartorius, Mayor, Village of Quogue Lli Ila q1' //�� Mariaore ay ' , Village of Westhampton Beach Brian Gilbride, Mayor, Village of Sag Harbor Date '� I Date \; v'� Date Da e I� 1-� Date Ai 'r- D to Dat /1q12-, 0 / Y Date �l 5 Date Date Appendix "A" - East End "Municipal Mutual Aid and Assistance Agreement." Coordinated East End Law Enforcement Response Team (CEELERT) 1. Any one of the five East End Towns or five East End Villages could declare an East End Emergency a. Types of emergencies i. Active Shooter ii. Civil Unrest iii. Major Fire iv. Terrorist Act v. Plane Crash vi. Biological, Chemical or Hazardous Materials Incidents vii. Other unforeseen incidents that would exhaust the resources of the requesting agency where immediate response by the agreeing agencies would help to restore order and prevent further damage, injury or loss of life. 2. The municipality declaring the East End Emergency will, through dispatch, notify all agencies within the five East End Towns, advise that their municipality has declared an East End Emergency and request the following response. Each agency will attempt to deploy officers from its on duty patrol staff based on immediate availability. The below is a general guide of on duty patrol personnel. 1. Riverhead Town PD - (1) Supervisor and (4) Police Officers 2. Southampton Town PD - (1) Supervisor and (4) Police Officers 3. East Hampton Town PD - (1) Supervisor and (3) Police Officers 4. Southold Town PD - (1) Supervisor and (3) Police Officers 5. Shelter Island Town PD - (1) Supervisor and (1) Police Officer 6. Westhampton Beach Village PD - (1) Supervisor and (1) Police Officer 7. Quogue Village PD - (1) Supervisor and (1) Police Officer 8. Southampton Village PD - (1) Supervisor and (2) Police Officers 9. Sag Harbor Village PD - (1) Supervisor and (1) Police Officer 10. East Hampton Village - (2) Police Officers 11. State Police Riverside - (1) Supervisor and (3) Troopers Total immediate potential response: (10) Supervisors and (25) Police Officers Note: Agencies will pull from their on duty personnel and will backfill patrol sectors with call in officers when necessary. 0 3. Agencies with Specialized or Tactical Units will, based on the needs of the declaring agency, deploy those units to the affected agency, thus adding to the total response. 4. This Appendix is not intended to preclude assistance from other specialized resources, including, but not limited to, the Suffolk County Police Department, Suffolk County Sheriff's Office, the New York State Police Department or the FBI. 5. This plan is not intended to inhibit any individual agencies normal training, operations or agreements to work with the Suffolk Coordinated Law Enforcement Response Group (SCLERG). The plan is an understanding amongst the East End police departments to provide the necessary local emergency response in time of need. 10 CEELERT Coordinated East End Law Enforcement Response Team Date/Time Incident Contact Contact # East Hampton Town East Hampton Village 324-0777 Staging Area East Hampton Town When a CEELERT is requested, the RECIPIENT will contact their assigned DISPATCHING PD and notify them of the CEELERT request providing them with Incident, Recipient Contact, Recipient Contact # and Staging Area and any other pertinent information. The following is the list of RECIPIENTS and their assigned DISPATCHING PD. Once notified, the DISPATCHING PD will then make all of the required requests, see reverse side. Recipient Dispatching PD Telephone Number Person Notified East Hampton Town East Hampton Village 324-0777 East Hampton Village East Hampton Town 537-7575 New York State Police Riverhead Town 727-4500 Quogue Village Southampton Town 728-5000 Riverhead Town Southampton Town 728-5000 Sag Harbor Village East Hampton Town 537-7575 Shelter Island Town Riverhead Town 765-2600 Southampton Town Riverhead Town 727-4500 Southampton Village Southampton Town 728-5000 Southold Town Riverhead Town 727-4500 Westhampton Beach Village Southampton Town 728-5000 11 CEELERT Coordinated East End Law Enforcement Response Team Date/Time Incident Contact Contact # # Responding East Hampton Town 537-7575 Staging Area PD Telephone Number Person Notified Deployment # Responding East Hampton Town 537-7575 Supervisor (1) PO's (3) East Hampton Village 324-0777 PO's (2) New York State Police 727-2727 Supervisor (1) PO's (3) Quogue Village 653-4791 Supervisor (1) PO's (1) Riverhead Town 727-4500 Supervisor (1) PO's (4) Sag Harbor Village 725-0247 Supervisor (1) PO's (1) Shelter Island Town 749-0600 Supervisor (1) PO's (1) Southampton Town 728-5000 Supervisor (1) PO's (4) Southampton Village 283-0083 Supervisor (1) PO's (2) Southold Town 765-2600 Supervisor (1) PO's (3) Westhampton Beach 288-3444 Supervisor (1) Village PO's (1) 12