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Home My WebLink AboutR-11-29RESOLUTION NO. R -11 -29 A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE A LAW ENFORCEMENT MUTUAL AID AGREEMENT AMONG THE CITY OF SEBASTIAN POLICE DEPARTMENT, CITY OF FELLSMERE POLICE DEPARTMENT AND INDIAN RIVER SHORES PUBLIC SAFETY DEPARTMENT; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Florida Statutes Chapter 23, Part I entitled "Florida Mutual Aid Act" provides for voluntary cooperation written agreements between two or more law enforcement agencies, which agreements permit voluntary cooperation and assistance of a routine law enforcement nature across jurisdictional lines; and WHEREAS, the City Charter Section authorizes the City Manager to sign all contracts, bonds and debentures as authorized by the City Charter, City Code or direction of City Council. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, as follows: Section 1. Execution of Law Enforcement Mutual Aid Agreement. City Council hereby authorizes the City Manager to execute the Law Enforcement Mutual Aid Agreement among the City of Sebastian Police Department, City of Fellsmere Police Department, and Indian River Shores Public Safety Department, attached hereto as Exhibit "A" Section 2. Effective Date. This resolution shall take effect immediately upon its adoption. A motion to adopt the foregoing Resolution was made by Council Member Coy The motion was seconded by Council member Gillmor and, upon being put to a vote, the vote was as follows: Mayor Jim Hill Vice Mayor Don Wright Council Member Andrea Coy Council Member Richard Gillmor Council Member Bob McPartlan aye aye aye aye aye The Mayor thereupon declared this Resolution duly passed and adopted this 14th day of December, 2011. ATT Sally A. City Cler o. MMC CITY OF S. =A TIAN, FLORIDA B Hill, Mayor pproved as to form and legality for reli ;� e • the City of Sebastian only: Robert A. Ginsburg, CitSfAttorney Law Enforcement Mutual Aid Agreement between the Fellsmere Police Department, Sebastian Police Department And the Indian River Shores Public Safety Department THIS AGREEMENT is hereby made and entered into between the Fellsmere Police Department, (Hereinafter, "FPD "), the Sebastian Police Department, ( Hereinafter, "SPD ") and the Indian River Shores Public Safety Department, (Hereinafter, IRSPSD. 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 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) 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, the Sebastian Police Department and the Indian River Shores Public Safety 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 may be 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 final. 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, IMMUNITIES AND COSTS a. Employees of the FeIlsmere Police Department, the Sebastian Police Department and the Indian River Shores Public Safety 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. A political 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 /employees during the time such aid is rendered and shall defray the actual travel and maintenance expenses of its 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. 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 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. f. 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 30, 2012. This agreement may be renewed in writing thereinafter for a specified one year term from October 1 thru September 30 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 specifiea. / Mayor hereta cause these presents to be signed on the date G�,. Scott A. Melanson, Chief of Police City of Fellsmere Minner, City Mana.ger Ci uf Sebastian Michelle Morris, Chief of Police 'ty of Sebastian %f�� a�i/ Dated. 1� .� �, f !Z-/ !� Jt 7 D ted: �— Dated: � ��'a..�.��.� __ �r �r r,� Thomas W. �adden, Mayor � . Indian River Shores ;�' ��.�...._---�i% .�.� �1Villiam J. Schaurnan, Director of Public Safet� Indian River Shores � � -- -� �i I Dated: