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HomeMy WebLinkAboutR-90-32 RESOLUTION NO.: R-90-32 A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AUTHORIZING THE MAYOR AND THE CITY CLERK TO SIGN, ON BEHALF OF THE CITY, A MUTUAL AID AND VOLUNTARY COOPERATION AGREEMENT; RATIFYING THE AGREEMENT AS SIGNED BY THE CHIEF OF POLICE FOR THE CITY OF SEBASTIAN; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Indian River County, Florida, has requested that the City sign a Mutual Aid Agreement; and WHEREAS, the City Council of the City of Sebastian, after reviewing the proposed Mutual Aid Agreement submitted by Indian River County, Florida, for its approval, and after engaging in deliberations, has determined that it would be in the best interest of the City of Sebastian and its citizens, and in furtherance of a valid municipal purpose, for the City of Sebastian to grant the Mutual Aid Agreement by the City as requested by Indian River County, Florida. NOW, THEREFORE, BE IT RESOLVED BY THE CITY couNcIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, that: Section 2. RATIFICATION. The City Council of the City of Sebastian, in recognition of the requirements of Chapter 23 of the Florida Statutes, hereby ratifies the Agreement, Exhibit "A", as signed by the Chief of Police of the City of Sebastian. Section 3. AGREEMENT. The Mayor and the City Clerk of the City of Sebastian, Indian River County, Florida, are hereby authorized to sign, on behalf of the City, the proposed Mutual Aid Agreement proposed by Indian River County, Florida, a copy of the proposed Mutual Aid Agreement having been attached to this Resolution as Exhibit "A" and by this reference is incorporated herein. The original Mutual Aid Agreement shall be forwarded by the City Clerk to the County Attorney for recording by Indian River County, Florida. Section 4. CONFLICT. All resolutions or parts of resolutions in conflict herewith are hereby repealed. Section 5. SEVERABILITY. In the event a court of competent jurisdiction shall hold or determine that any part of this Resolution is invalid or unconstitutional, the remainder of the Resolution shall not be affected and it shall be presumed that the City Council of the City of Sebastian did not intend to enact such invalid or unconstitutional provision. It shall further be assumed that the City Council would have enacted the remainder of this Resolution without said invalid and unconstitutional provision, thereby causing said remainder to remain in full force and effect. Section 6. EFFECTIVE DATE. This Resolution shall take effect immediately upon its adoption. The foregoing Resolution was moved for adoption by Councilman .... .... mo on Councilman ~'~.~,~ and, upon being put to a vote, the vote was as follows: Mayor W.E. Conyers Vice-Mayor Frank Oberbeck Councilman Robert L. McCollum Councilman Lonnie R. Powell Councilman Lloyd Rondeau The Mayor thereupon declared this Resolution duly passed and adopted this /~ ~ day of .~,~,' 3 1990. ATTEST: Kathry~ M. O'Hallbran, CMC/AAE (Seal) CITY OF SEBASTIAN, FLORIDA By: ~ ~Cha~es la~ ~ City Attorney 3 MUTUAL AID AND VOLUNTARY COOPERATION AGREEMENT WHEREAS, the subscribed law enforcement agencies are so located in relation to each other that it is to the advantage of each to receive and extend mutual aid in the form of law enforcement services and resources to adequately respond to (1) intensive situations including but not limited to emergencies as defined under Section 252.34(2), F.S. and (2) continuing, multi- jurisdictional law enforcement problems, so as to protect the public peace and safety, and preserve the lives and property of the people; and WHEREAS, the CITY OF SEBASTIAN, and the INDIAN RIVER COUNTY SHERIFF'S DEPARTMENT, have the authority under Part I of Chapter 23, Florida Statutes (1987), the Florida Mutual Aid Act, to: (%) enter into a requested operational assistance agreement for the requesting and rendering of assistance in law enforcement intensive situations and emergencies, and (2) a voluntary cooperation agreement for assistance of a routine law enforcement nature that crosses jurisdictional lines; WHEREAS, the law enforcement agencies of Indian River County, Florida, are charged with the investigation of criminal offenses occurring within their respective jurisdictions, including, but not limited to, violations of the Florida Comprehensive Drug Abuse Prevention and Control Act; and WHEREAS, each law enforcement agency may, from time to time, require additional resources to efficiently and expeditiously pursue such criminal investigations; and WHEREAS, criminal activity occurring within the jurisdiction of one local government oftentimes impacts upon criminal activity occurring in adjacent jurisdictions; and WHEREAS, the citizens of indian River County can best be served by an organized and unified approach to the investigation of criminal activity; and NOW, THEREFORE, in consideration of the mutual covenants hereinafter contained, the undersigned parties hereto agree as follows: SECTION 1. DEFINITIONS. "Sheriff" shall mean the Sheriff of Indian River County, Florida. B. "Agency" shall mean the office of the Sheriff of Indian River County, Florida, and that department or agency of an incorporated municipality situated wholly within Indian River County, Florida, which is charged and empowered with the duties of law enforcement within the jurisdictional limits of such municipality. "Law Enforcement Officer" shall mean any person certified as a full-time or part-time law enforcement officer by the Criminal Justice Standards and Training Commission of the State of Florida who has met all of the minimum requirements for training as set forth in Chapter 943, Florida Statutes (1989), as amended, and is employed as a police officer or public safety officer by a municipality situated wholly within Indian River County, Florida, or as a deputy sheriff of Indian River County, Florida. "Participating Agency" shall mean any agency operated by a party to this Agreement. "Party" shall mean the Sheriff of Indian River County, Florida, and any incorporated municipality situated wholly within Indian River County, Florida, who has entered into this Agreement as evidenced by the appropriate execution of this Agreement. "Requesting Agency" shall mean an agency which seeks assistance from another law enforcement agency. "Responding Agency" shall mean a law enforcement agency which directs its personnel to leave its primary area of jurisdiction in response to a request for law enforcement assistance initiated by the law enforcement agency having primary jurisdiction in the area to which the responding agency's personnel are directed. "Emergency" shall mean any situation or set of circumstances in which life or property is in imminent danger. SECTION 2. PROVISIONS FOR OPERATIONAL ASSISTANCE. Therefore, be it known that the aforesaid law enforcement agencies hereby approve and enter into this Agreement whereby each of the agencies may request and render law enforcement assistance to the other, to include but not necessarily be limited to dealing with civil disturbances, large protest demonstrations, aircraft disasters, fires, natural or man-made 2 disasters, sporting events, concerts, parades, escapes from detention facilities, and incidents requiring utilization of specialized units. SECTION 3. PROVISIONS FOR VOLUNTARY COOPERATION. In addition each of the aforesaid law enforcement agencies hereby approve and enter into this Agreement whereby each of the agencies may also request and render law enforcement assistance to the other dealing with any violations of Florida Statutes to include, but not necessarily be limited to, investigating homicides, sex offenses, robberies, assaults, burglaries, larcenies, gambling, motor vehicle thefts, drug violations pursuant to Chapter 893, F.S., backup services during patrol activities, and inter-agency task forces and/or joint investigations. SECTION 4. POLICY AND PROCEDURE. A. In the event that a party of this Agreement is in need of assistance as set forth above, it shall notify the agency head or his designee from whom such assistance is required. The agency head or designee whose assistance is sought shall evaluate the situation and the agency's available resources, consult with his/her supervisors if necessary and will respond in a manner he/she deems appropriate. The agency head's decision in this regard shall be final. B. The resources or facilities that are assigned by the assisting agency shall be under the immediate command of a supervising officer designated by the assisting agency head. Such supervising officer shall be under the direct supervision and command of the agency head or his designee of the agency requesting assistance. C. Where investigative priorities arise during a law enforcement operation which may require enforcement action by the investigating agency and which require crossing or jurisdictional lines, the investigating agency supervisor or his designee on duty shall notify the on duty supervisor of the jurisdiction wherein investigation is required and request enforcement assistance. The supervisor or his designee shall evaluate the situation, consult with his/her appropriate supervisor and if required ensure that proper requested enforcement assistance is rendered. D. Should a violation of Florida Statutes occur in the presence of an officer representing his/her respective agencies in furtherance of this Agreement he/she shall be empowered to render enforcement assistance and act in accordance with the law. 3 SECTION 5. POWERSL PRIVILEGES, IMMUNITIES AND COSTS. A. Members of the CITY OF SEBASTIAN SHERIFF'S DEPARTMENT when actually engaging in mutual cooperation and assistance outside of the jurisdictional limits of the CITY OF SEBASTIAN under the terms of this Agreement, shall, pursuant to the provisions of Section 23.127, Florida Statutes, have the same powers, duties, rights, privileges and immunities as if they were performing their duties in the political subdivision in which they are normally employed. B. Each party agrees to furnish necessary equipment, resources and facilities and to render services to each other party to the Agreement as set forth above; provided however, that no party shall be required to deplete unreasonably its own equipment, resources, facilities, and services in furnishing such mutual aid. (The requesting agency may compensate or reimburse the assisting agency for assistance under Section 2 of this Agreement only, under terms specified in the agreement, or may provide as follows in C and D:) C. The agency furnishing any equipment pursuant to this Agreement shall bear the loss or damages to such equipment and shall pay any expense incurred in the operation and maintenance thereof. D. The agency furnishing aid pursuant to this section shall compensate its appointees/employees during the time such aid is rendered and shall defray the actual travel maintenance expenses of such employees while they are rendering such aid, including any amounts paid or due for compensation due to personal injury or death while such employees are engaged in rendering such aid. E. Ail of the privileges and immunities from liability, exemption from laws, ordinances and rules, and all pension, insurance, relief, disability, workers' compensation, salary, death and other benefits which apply to the activity of such officers, agents, or employees of any such agency when performing their respective functions within the territorial limits of their respective public agencies shall apply to them to the same degree, manner, and extent while engaged in the performance of any of their functions and duties extraterritorially under the provisions of this Mutual Aid Agreement. The provisions of this section shall apply with equal effect to paid, volunteer, and reserve employees. F. Nothing herein shall prevent the requesting agency from requesting supplemental appropriations from the governing authority having budgeting jurisdiction to reimburse the 4 assisting agency for any actual costs or expenses incurred by the assisting agency performing hereunder when assistance is requested under Section 2: Provisions For Operational Assistance. SECTION 6. INDEMNIFICATION. Each party engaging in' any mutual cooperation and assistance, pursuant to this Agreement, agrees with respect to any suit or claim for damages resulting from any and all acts, omissions, or conduct of such party's own employees occurring while engaging in rendering such aid pursuant to this Agreement, to hold harmless, defend and indemnify the other participating party and its appointees or employees, subject to provisions of Section 768.28, Florida Statutes, where applicable, and provided such party shall have control of the defense of any suit or claim to which said duty to indemnify applies. SECTION 7. LIABILITY INSURANCE. Each party shall provide satisfactory proof of liability insurance by one or more of the means specified in Section 768.28(14), Florida Statutes, in an amount which is, in the judgment of the governing body of that party, at least adequate to cover the risk to which that party may be exposed. Should the insurance coverage, however provided, of any party be cancelled or undergo material change, that party shall notify all parties to this Agreement of such change within ten (10) days of receipt of notice or actual knowledge of such change. SECTION 8. EFFECTIVE DATE. a. ~ ....... ~ .... ~ Th~s Agreement ~ ...... ~ ~ ...... ~ shall be in effect from ~(=',~,J~; ~ · '. ~ , ~,, respect to an individual party, until that party elects to withdraw. b. In addition to the terms set forth in paragraph "a" of this section, this agreement shall only become in full for~e in effect upon ratification, by proper adoption of a resolution by the city Council of the City of Sebastian. SECTION 9. CANCELLATION. This Agreement may be cancelled by any party upon delivery of written notice to the other party or parties. Cancellation will be at the direction of any subscribing party. IN WITNESS WHEREOF, the parties hereto cause these presents to be~igned on the date specified. ~ - s - - Earle L. Petty ~ -4~itness ness ATTEST: Kathr~ ~. O'Halloran, CMC/~E City C2.rk By: ~,~ ° ~ ~' _~;~J R.T. "Tim" Dobeck CITY OF SEBASTIAN, FLORIDA ~ F.~ Con~Mayor (Seal) Approved as to foro~~content by: ~Richard ~. Torpy, ~squ±re Assistant City Attorney 6