HomeMy WebLinkAboutMutual Aid Agreement - SPD - PBPD - FPD!` l~ ~'
Law Enforcement Mutual Aid Agreement
between b9e
Palm Bay Police Department ~'
and the ~ __,
Sebastian Police Department and the Fellsmere Police Department
THIS AGREEMENT is hereby made and entered this 1st day of November, 2007 (the "effective
date") by and between the Palm Bay Police Department, (hereinafter, "PBPD"), and (1) the Sebastian
Police Department, (hereinafter "SPD") and (2) the Fellsmere Police Department, (hereinafter "FPD").
Each party to this Agreement may also be referred to as "Agency" or, collectively, "Agencies," and will
include its municipal government.
WHEREAS, the three law enforcement Agencies which are parties to this Agreement are in
close geographic proximity to each other and it is not uncommon for a law enforcement officer of one of
these Agencies to reside in the geographical jurisdiction of one of the other Agencies; and
WHEREAS, in fact, law enforcement officers of SPD and FPD reside in the City of Palm Bay
and are active members of Saint Joseph Catholic Church, located at 5310 Babcock Street in the City of
Palm Bay; and
WHEREAS, Saint Joseph Catholic Church is having its annual Festival from November 8, 2007,
through November 11, 2007, which is a carnival which is open to the public and is widely attended by all
citizens of Palm Bay, as well as citizens of surrounding communities (including Sebastian and Fellsmere),
regardless of their religious affiliation; and
WHEREAS, Saint Joseph Catholic Church wishes to provide security for its Festival by using
off-duty law enforcement officers and has asked members of its congregation who are law enforcement
officers if they would volunteer their time to provide such security; and
WHEREAS, law enforcement officers from a variety of law enforcement Agencies, including
SPD and FPD, have expressed a willingness to volunteer their time during their off-duty hours to provide
security at the Festival, which will benefit the community at-large; and
WHEREAS, because SPD and FPD are located in the geographic jurisdiction of Indian River
County, those Agencies do not already have a mutual aid agreement with the Palm Bay Police
Department; and
WHEREAS, there is an interest and a legitimate public purpose for allowing law enforcement
officers of SPD and FPD to provide off-duty law enforcement functions during the Festival; and
WHEREAS, the Police Chiefs of PBPD, SPD and FPD, have the authority under the Florida's
Law Enforcement Mutual Aid Act, Chapter 23, Part I, Florida Statutes, to enter into a mutual aid
agreement for law enforcement service which permits voluntary cooperation and assistance of a routine
law enforcement nature across jurisdictional lines.
NOW, THEREFORE, the three Agencies which are parties to this Agreement hereby agree as
follows:
SECTION I
PROVISIONS FOR VOLUNTARY COOPERATION
The law enforcement Agencies which are signatory hereto approve and enter into this Agreement
whereby law enforcement officers of the Fellsmere Police Department including, but not limited to,
Corporal Brian Morrell, and law enforcement officers of the Sebastian Police Department including, but
not limited to, Officer Dan Acosta, may serve in a law enforcement capacity within the corporate limits of
the City of Palm Bay on or about November 7, 2007 (one day before the Festival, "set up day"), through
November 12, 2007 (one day after the Festival, "tear down day"), providing services for the Festival to be
held at Saint Joseph Catholic Church. Such law enforcement officers are authorized to deal with any
criminal offense including, but not limited to, breach of peace, robbery, burglary, theft, gambling,
homicide, sex offenses, motor vehicle theft, DUI violations; and in providing additional law enforcement
services including, but not limited to, backup coverage for other law enforcement officers as needed.
SECTION II
PROCEDURE FOR REQUESTING ASSISTANCE
During the time period stated herein, any sworn law enforcement officer of SPD or FPD assisting
at the Festival shall have the authority to operate during his/her off-duty hours within the City of Palm
Bay. No further request for assistance or notification is necessary under this Agreement.
Sworn law enforcement officers of SPD or FPD who are volunteering during their off-duty hours
on the dates specified in this Agreement shall be empowered to render each of the powers granted to such
officer as a sworn law enforcement officer as if in his/her own jurisdiction and to take such law
enforcement action in accordance with law.
SECTION III
COMMAND AND SUPERVISORY RESPONSIBILITY
Any sworn law enforcement officer of SPD and FPD who volunteers his/her time during off-duty
hours to provide services under this Agreement shall be under the command of the supervising officer of
PBPD, whether such supervisor is likewise volunteering his/her time at the Festival, or whether it is the
designated patrol shift supervisor of PBPD. Such supervising officer shall be under the direct supervision
and command of PBPD's Chief of Police or his designee.
SECTION IV
LIABILITY
Each Agency engaging in any mutual cooperation and assistance, pursuant to this Agreement,
agrees to assume responsibility for the acts, omissions, or conduct of such Agency's own employees
while engaged in rendering such aid pursuant to this Agreement, subject to the provisions of Section
768.28, Florida Statutes, where applicable:
Law Enforcement Mutual Aid Agreement
Palm Bay Police Department, Sebastian Police Department, Fellsmere Police Department
Page 2 of 4
SECTION V
POWERS, PRIVILEGES, IMMUNITIES AND COSTS
(A) Sworn law enforcement personnel of SPD and FPD, when actually engaging in mutual
cooperation and assistance under the terms of this Agreement, shall, pursuant to the provisions of Section
23.127(1), Florida Statutes, have the same powers, duties, rights, privileges and immunities as if the
officer was performing duties inside the officer's political subdivision in which normally employed.
(B) SPD and FPD shall not be responsible for any salary, overtime, compensatory time, or
benefits while furnishing aid pursuant to this Agreement, as the officers have agreed to work pursuant to
this Agreement in a volunteer, off-duty capacity on behalf of Saint Joseph Catholic Church. SPD and
FPD agrees, however, that any amounts paid or due for compensation due to personal injury or death
while such officers are engaged in rendering such aid shall be paid in the same manner as is paid on
behalf of law enforcement officers of those Agencies engaging in off-duty employment pursuant to their
own Agency's policy.
(C) PBPD shall not be responsible for any salary, overtime, compensatory time, or benefits to
the officers or SPD or FPD, or their employing Agency, as this Agreement inures to the benefit of Saint
Joseph Catholic Church and the officers performing hereunder have agreed that they will perform during
off-duty hours on a volunteer basis.
(D) The privileges and immunities from liability, exemption from laws, ordinances and rules,
that apply to the activity of an officer of SPD or FPD when performing the officer's duties within the
territorial limits of the officer's own Agency apply to the officer to the same degree, manner, and extent
while engaged in the performance of the officer's duties extraterritorially under the provisions of this
Agreement. The provisions of this Agreement shall apply with equal effect to regular, reserve, and
auxiliary officers.
(E) Nothing in this Agreement is intended or is to be constnied as any transfer or contracting
away of the powers or functions of one party hereto to the other.
SECTION VI
SOVEREIGN IMMUNITY
Nothing contained herein shall be construed as a waiver of sovereign immunity, whether codified
in Section 768.28, et seq., Florida Statutes, existing in the common law, or otherwise, and the three
Agencies which are a party hereto, expressly and unequivocally retain any and all immunities from suit
and from liability.
SECTION VII
EFFECTIVE DATE
This Agreement shall take effect upon execution and approval by the hereinafter named officials
and shall continue in full force and effect until noon on November 12, 2007.
Law Enforcement Mutual Aid Agreement
Palm Bay Police Department, Sebastian Police Department, Fellsmere Police Department
Page 3 of 4
SECTION VIII
CANCELLATION
Any Agency may cancel its participation in this Agreement upon delivery of written notice to the
other Agency. Cancellation will be at the direction of any subscribing Agency.
IN WITNESS WHEREOF, the Agencies which are parties hereto have caused this Law
Enforcement Mutual Aid Agreement to be executed, as permitted by Section 23.1225(1)(d)(3), Florida
Statutes, on the date specified herein.
F R THE ALM AY POLICE DEPT.
~~
WILLIAM BER R
Chief of Police
City of Palm Bay
Dated: ! - 7
FOR BASTIAN POLICE DEPT.
S A. DAVI
ief of Police
ity of Sebastian
Dated: l~ Q~~
FOR / E FELLSME POLICE DEPT.
(~~ ~~~
HONORABLE S1~cRA SAVAGE
Mayor
City of Fellsmere
Dated: ~~ Q
IT IS HEREBY CERTIFIED that a copy of this Agreement, filly execz~ted, has been delivered by U.S. Mail to the
Florida Department of Law Enforcement, Mutual Aid Program, P.O. Box 1489, Tallahassee, Florida 32302-
1489, as required by Section 23.1225(1)(d)(4), Florida Statz~tes, Phis ~ day of November, 2007.
J S D. STOKES
Law Enforcement Mutual Aid Agreement
Palm Bay Police Department, Sebastian Police Department, Fellsmere Police Department
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