HomeMy WebLinkAboutLaw Enforcement Mutual Aid AgreementLaw Enforcement Mutual Aid Agreement
between the
Fellsmere Police Department a~ the Sebastian Police Department
THIS AGREEMENT is hereby made and entered into between the
Fellsmere Police Department, (Hereinafter, "FPD"), and the Sebastian Police
Department, (Hereinafter, "SPD"). Each party to this Agreement may also be referred to
as "Agency" or, collectively, "Agencies," and will include its municipal government.
WITNESSETH
WHEREAS, the subscribing law enforcement agencies aze 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) Continuing, multi jurisdictional criminal activity, so as to
protect the public peace and safety, and preserve the lives and
property of the citizens; and
2) Intensive situations, including, but not limited to, natural or
manmade disasters or emergencies as defined under section
252.34, Florida State Statutes; and,
WHEREAS, the Fellsmere Police Department and the Sebastian Police
Department 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 services which:
1) Permits voluntary cooperation and assistance of a routine law
enforcement nature across jurisdictional lines.
2) Permits establishing a joint city task force on narcotic
smuggling.
3) Permits establishing a joint city traffic enforcement task force.
NOW, THEREFORE, the agencies which are parties to this agreement
hereby agree as follows:
SECTION I
PROVISIONS FOR VOLUNTARY COOPERATION
Each of 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 dealing with any violation of Florida Statutes to
include, but not limited to, investigating homicides, sex offences, robberies, burglaries,
thefts, gambling, control substance violations, DUI violations and in providing additional
law enforcement services including, but not limited to, joint traffic enforcement task
forces, Joint narcotic smuggling task forces, backup coverage for other law enforcement
officers as needed.
SECTION II
PROVISIONS FOR OPERATIONAL ASSISTANCE
Each of 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 limited to, dealing with civil
disturbances, law enforcement emergencies, large protest demonstrations, aircraft
disasters, fires, hurricanes, tornadoes or other weather related crises, sporting events,
concerts, parades and incidents requiring utilization of specialized units.
SECTION III
PROCEDURE FOR REQUESTING ASSISTANCE OR COOPERATION
In the event that a party to this agreement is in need of assistance or requests
a joint city task force as set forth above, an authorized representative of the agency
requesting assistance or a joint city task force shall notify the agency head or his/her
designee from whom such assistance or cooperation is requested. The agency head or
authorized agency representative whose assistance is sought shall evaluate the situation
and the agencies available resources, consult with his/her supervisor if necessary and will
respond in a manner he/she deems appropriate.
The agency head in whose jurisdiction assistance is being rendered may
determine who is authorized to lend assistance in his/her jurisdiction, for how long such
assistance is authorized and for what purpose such authority is granted. This authority
maybe granted either verbally or in writing as the particular situation dictates.
No officer or appointee shall be empowered under this agreement to operate
in the other agency's jurisdiction without prior approval of the agency head having
normal jurisdiction.
The agency head's decision in this matter shall be fmal.
SECTION IV
COMMAND AND SUPERVISORY RESPONSIBILITY
The personnel and equipment that are assigned by the assisting agency head 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/her designee of the agency requesting assistance.
CONFLICTS: Whenever an officer or other appointee is rendering assistance or
cooperation pursuant to this agreement, the officer or appointee shall abide by and be
subject to the rules and regulations, personnel policies, general orders and standard
operating procedure of his/her own employing agency. If any such rule, regulation,
personnel policies, general orders or standard operating procedure is contradicted,
contravened or otherwise in conflict with a direct order of a superior officer of the
requesting agency, then such rule, regulation, personnel policy, general order or
procedure shall control and shall supersede the direct order.
SECTION V
LIABILITY
Each party engaging in any mutual cooperation and assistance, pursuant to this
agreement, agrees to assume responsibility for the acts, omissions, and conduct of such
party'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.
SECTION VI
POWERS. PRIVILEGES, I1~~IlVIUNITIES AND COSTS
a. Employees of the Fellsmere Police Department and the Sebastian
Police Department when actually engaging in mutual cooperation and
assistance outside of their jurisdictional limits but inside the State,
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 employee was performing
duties inside the employee's political subdivision in which normally
employed.
b. Each party agrees to furnish necessary personnel, 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 personnel,
equipment, resources, facilities and services in furnishing such mutual
aid.
c. Apolitical subdivision that furnishes equipment pursuant to this
agreement assumes the cost of loss or damage to that equipment and
must pay any expenses incurred in the operation and maintenance or
that equipment.
d. The agency furnishing aid pursuant to this agreement shall
compensate its appointee%mployees during the time such aid is
rendered and shall defray the actual travel and maintenance expenses
of its employees while they aze rendering such aid, including any
amounts paid or due for compensation due to personal injury or death
while such employees aze engaged in rendering such aid.
e. The privileges and immunities from liability, exemption from laws,
ordinances and rules, and all pension, insurance, relief, disability,
workers' compensation, salazy, death and other benefits that apply to
the activity of an employee of an agency when performing the
employee's duties within the territorial limits of the employee's
agency apply to the employee to the same degree, manner and extent
while engaged in the performance of the employee's duties
extraterritorially under the provisions of this mutual aid agreement.
£ Nothing herein shall prevent the requesting agency from requesting
supplemental appropriations from the governmental authority having
budgeting jurisdiction to reimburse the assisting agency for any actual
costs or expenses incurred by the assisting agency performing
hereunder.
g. Nothing in this agreement is intended or is to be construed as any
transfer or function of one party hereto to the other.
SECTION VII
FORFEITURE PROVISIONS
a. In the event an agency seizes any real property, vessel, motor vehicle,
aircraft, currency or other property pursuant to the Florida Contraband
Forfeiture Act during the performance of this agreement the SPD shall
be considered to be the seizing agency. In the case of voluntary
cooperation SPD shall be responsible for maintaining any forfeiture
action and shall have the exclusive right to control and the
responsibility to maintain the property in accordance with chapter 932,
Florida Statutes, to include, but not be limited to, the complete
discretion to bring the action or dismiss the action.
b. All proceeds from forfeited property seized as a result of or in
accordance with this agreement shall be divided equally between the
parties, less the cost associated with the forfeiture action.
SECTION VIII
EFFECTIVE DATE
This agreement shall take effect upon the execution and approval by the hereinafter
named officials and shall continue in full force and effect until September 31, 2009. This
agreement may be renewed in writing thereinafter for a specified one year term from
October 1 thru September 31 and thereon as mutually agreed upon.
SECTION IX
CANCELLATION
Either party may cancel its participation in this agreement upon delivery of a 30 day
written notice to the other party with its intent to cancel. Cancellation will be at the
discretion of the subscribing parties.
In witness whereof, the parties hereto cause these presents to be signed on the date
specified.
~~~ .~~
ar Savage Mayor
Cit~ of F~~r~ere s
City Manager
e ,~ ~a~
Dated:
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