TR-2012-9 M.G.L. CH 40, SECT 8G � a
RESOLUTION TR-2012-3_
A RESOLUTION ACCEPTING MASSACHUSETTS GENERAL LAWS, CHAPTER 40,
SECTION 8G
(Sponsored By: Mayor Richard A. Cohen)
WHEREAS, the Town of Agawam has determined that under certain circumstances the
need may arise for law enforcement assistance from the Town of Suffield, Connecticut may be
required; and
, WHEREAS, such assistance will increase the ability of the Agawam Police Department
to protect the lives, safety and property of the residents Town of Agawam; and
WHEREAS, Massachusetts General Law Chapter 40, Section 8G allows Cities to enter
into Mutual Aid Agreements with cities and towns in states contiguous to the Commonwealth for
police services; and
WHEREAS, Massachusetts General Law Chapter 40, Section 8G must be accepted by
the Town of Agawam in order to enter into a Mutual Aid Agreement with the Town of Suffield,
Connecticut; and
WHEREAS, it is in the best interests of the Town of Agawam to accept Massachusetts
General Law Chapter 40, Section 8G.
NOW THEREFORE, THE AGAWAM CITY COUNCIL hereby resolves to accept
Massachusetts General Law Chapter 40, Section 8G. P%-1 el)
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DATED THIS OF ) 2012. >
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PER ORDER OF THE AGAWAM CITY COUNCIL
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Christopher C. Johnson, President C)
AP VED A TO FORM AND LEGALITY
Vinceni 61'id-s/cia, Solicitor
Mutual Aid / Interlocal Agreement
This Mutual Aid/Interlocal Agreement(the"Agreement') has been entered into this_day of
in the year_by and between the Town of Suffield, a municipality duly
organized under the laws of the State of Connecticut(hereinafter"Suffield") and the Town of
Agawam, a municipality duly organized under the laws of the Commonwealth of Massachusetts
(hereinafter"Agawam").
WHEREAS, Suffield and Agawam have determined that under certain circumstances the need
shall arise for law enforcement assistance across state lines, which will increase their ability to
protect the lives, safety and property of the people in their respective municipalities; and
WHEREAS, Suffield and Agawam wish to enter into this Agreement in accordance with the
terms of Connecticut General Statute §§ 7-339a, el seq. as well as Massachusetts General Law
Chapter 40, Section 8G, and
NOW,THEREFORE, in consideration of these premises and the mutual covenants herein
contained,the pat-des to this agreement do agree as follows:
I. Definitions:
a. "Sender"or"Sending Department" means the municipality sending law
enforcement aid and assistance to another municipality.
b. "Receiver" or Receiving Department"means the municipality requesting and
receiving law enforcement aid and assistance from another municipality.
C. "Law Enforcement Mutual Aid"or"Mutual Aid"means the provision of
manpower and logistical support needed by a law enforcement agency to meet its
immediate requirements when its then available resources are not sufficient to
cope with law enforcement situations.
d. "Chief of Police"or"Commanding Officer"means the Chief of Police or
designated Commanding Officer of Suffield or Agawam.
2. Situations Covered:
The provisions of this Agreement may be invoked for any law enforcement situation
occurring within the municipal boundaries of a party hereto, which situation requires the
use of resources not immediately available to the local law enforcement agency.
3. Method of Reg uesting Assistance:
a. The Chief of Police in each municipality, or in his/her absence the Commanding
Officer, shall determine when the assistance of another law enforcement agency
is required, and he/she shall so notify the person designated by the other agency
to receive mutual aid requests.
b. Each party shall designate the respective Shift Commander for each municipality
to receive requests for Law Enforcement Mutual Aid as contemplated herein.
Each party will be kept informed of the names and phone numbers at which such
designated persons can be contacted. Each party shall assure that a twenty-four-
hour-a-day telephone, or radio communication coverage is provided.
C. The Chief of Police, or in his/her absence the Shift Commander, shall deter-mine
whether and to what extent a mutual aid request received pursuant to this
agreement can be fulfilled. In the event that a Chief, or in his/her absence the
Shift Commander, determines that no assistance, or assistance differing from the
requested,can be provided,he/she will so notify the party requesting Mutual Aid
of his/her determination as quickly as possible.
4. Command and Control:
Law enforcement personnel and equipment, upon entering the jurisdiction of a Receiving
Department in response to a request for Mutual Aid, shall be under the direction and
control of the Commanding Officer of the Receiving Department. So far as practicable,
officers from a Sending Department will be utilized in conjunction with officers from a
Receiving Department so as to compensate for the lack of knowledge of the geography of.
the receiver's community.
Personnel and equipment provided to a Receiving Department under the terms of this
agreement may be recalled at any time by the Chief of Police, or in his/her absence the
Commanding Officer,of the Sending Department.
5. Powers of Responding Officers:
All powers, authority, privileges, immunities from liability, and exemptions from laws,
ordinances, and regulations, which law enforcement officers employed by the parties
hereto have in their own jurisdiction shall be effective in the jurisdiction in which they
are giving assistance, unless otherwise prohibited by law.
6. Liability, :
Salaries of all on-duty police officers who are provided pursuant to this Agreement shall
be paid by the Sending Department for up to four(4) consecutive hours from the time of
arrival of the first such on-duty police officer. Salaries of off-duty police officers and of
those on-duty police officers who remain in the receiver's community beyond the four(4)
consecutive hour cutoff point referred to above shall be reimbursed by the Receiving
Department at the actual rate of the Sending Department.
All other benefits enjoyed by law enforcement officers in their own jurisdictions shall
extend to the services they perform under this Agreement; thus, items such as sick leave,
leave without loss of pay, medical, retirement and death benefits, payable as a result of an
officer's involvement in a Mutual Aid situation, will be expenses of the Sending
Department under all circumstances and notwithstanding the preceding paragraph.
All reasonable and necessary incidental expenses incurred by the Sending Department in
rendering Mutual Aid shall be paid by the Receiving Department.
The Receiving Department shall be liable for all non-salary expenses involved in
supplying technical assistance by the Sending Department. Examples of technical
assistance are fingerprinting, photography, investigation and breathalyzer.
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The Receiving Department shall be liable for all expenses involved in making court
appearances by personnel of a Sending Department arising from a request for Mutual
Aid.
Nothing in this Agreement shall be construed to prevent any Sending Department from
assuming any losses, damages, expenses or other costs and from waiving its right to
reimbursement.
The Receiving Department shall indemnify and save harmless the Sending Department
from all claims by third parties for property damage or personal injury, where officers of
the Sending Department, while rendering Mutual Aid, perform illegal acts at the direction
of officers of the Receiving Department.
Law enforcement personnel of a Sending Department, while traveling to or returning
from the Receiving Community, and while rendering Mutual Aid under this Agreement
shall be considered to be on active duty for their home departments, and within the scope
of their employment, for all purposes.
7. Term of this Agreement:
This agreement shall remain in effect for a period of five(5)years from its effective date,
and shall automatically renew for an additional five (5) year period, unless either party
hereto shall provide written notice of termination at least thirty (30) days prior to the
expiration date of the agreement. The effective date shall be the time upon which it has
been approved by all authorities who shall have a jurisdiction over this Agreement.
Withdrawal from this Agreement by any one party hereto shall be made at any time by
providing thirty (30)days written notice to all other parties.
8. Settlement of Disputes:
Any disputes relative to the enforcement or other terms of this Agreement shall be
handled through a process of binding arbitration governed by the American Arbitration
Association within the State of the party not initiating the arbitration. By way of
illustration, if Suffield initiates arbitration against Agawam to resolve a dispute herein,
the arbitration shall be governed through arbitration in Massachusetts. Each municipality
shall select an arbitrator in accordance with the rules of the American Arbitration
Association. The parties agree that the decision of the arbitrator shall be final and
binding, and further agree to execute any necessary documentation to effectuate the
finality of the arbitrator's decision. In the event that either Suffield or Agawam refuses to
submit to arbitration, the other municipality shall have the right to enforce this provision
by seeking judgment in a court of competent jurisdiction.
The filing of a court action by any party hereto'for the purpose of preserving the benefits
of this Agreement during the arbitration process shall not constitute a waiver or breach of
such party's duty to arbitrate under this Paragraph. In the event that any party hereto fails
to comply with the ternas of this Section 8, the non-defaulting party shall be entitled to
recover its costs and expenses, including reasonable attorney's fees, in effectuating the
defaulting party's compliance with the terms of this Section 8.
9. Indemnification:
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The Receiving Department shall indemnify the Sending Department, its agent,
representatives or employees, from any and all causes of action of whatever nature that
may arise by virtue of the Sending Department's carrying out the duties imposed upon it
by this Agreement. The employees of the Sending Department shall be entitled to the
same authority provided to members of the Receiving Department.
10. Governing Law:
This agreement shall be governed by Connecticut General Statute. §§ 7-339a el seq. and
Massachusetts General Law Chapter 40 Section 8G, and as may be amended.
11. Notice:
All notices, requests, demands and other communication hereunder shall be in writing
and shall be deemed to have been duly given if delivered or mailed, postage prepaid,
certified mail, return receipt requested:
(a) TO"OF SUFFIELD: If to the Town of Suffield
Town of Suffield
c/o The First Selectman
85 Mountain Road
Suffield, CT 06078
With a copy to:
Chief of Police
Town of Suffield Police Department
911 Mountain Road
Suffield,CT 06078
(b) TOWN OF AGAWAM: If to the Town of Agawam
Town of Agawam
Mayor's Office
Agawam City Hall
36 Main Street
Agawam, MA 0 100 1
With a copy to:
Chief of Police
Town of Agawam
681 Springfield Street
Feeding Hills, MA 01030
and or to such other person(s)and address(es)as either party shall have
specified in writing to the other party subsequent to the execution of this
Agreement.
IN WITNESS WHEREOF,the parties hereto have executed this Agreement as
of this day of 2012.
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TOWN OF SUFFIELD
By: Date:
Edward McAnaney
First Selectman
By: Date:
Donald Miner
Chairman, Police Commission
By: Date:
Michael Manzi
Chief of Police
TOWNOFAGAWAM
By: Date:
Richard A. Cohen
Mayor
By: Date:
Robert Campbell
Chief of Police
By: Date:
By: Date:
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