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Home My WebLink AboutMutual Aid Agreement - Fellsmere PD - IR Shores PD - SPD� Law Enforcement Mutual Aid Agreement betwee» the Felismere Police Departmeat, Sebastian Police Department find the Indian River Shores Public Safety Department THiS AGREEMENT is hereby rnade and entered into between the Felismere Po6ce Department, (Hereinafter, "FPD"), the Sebastian Police Dep�rtment, (Hereinafter, "SPD"} and the Ind.ian River Shores Public Safety Department, (Hereina.fter, IRSPSD. Each party to this Agreement may also be referred to as "Agency'° or, collectively, "Agencies," and will include its municipal government. WHEItEAS, the subscribing law enforcement agencies are so iocatecl in re}atian to each ather that it is to the advantage of each to receive and extend rnutual aid in the form of law enfarcement services and resources to adequately respond to: 1) Continuing, mul�i-jurisdictional criminal activity, so as to protect the public peace and safery, and preserve tl�� Iives ar�d property of the citizens; and 2) Intensive situatians, inetuding, but not limited to, natwral r�r manmade di�asters or emergencies as defined und�r section 252.34, Ftorida State Statute�; and, WHEREAS, the Fellsmere i'olice T�epartrnent, t� Sebastian 1'atice Department and the Ir�t�ian River Shot�s Public Safety I�epartment ha,ve th� author�ty urxler the Flarida's La.w Enf'orcement Mutua! Aid Act, �hapier 23, Part I, Flarrida Statutes, ta enter inta a muival aid agreement for law enforcement services which: 1� Percr�its voluntary eaoperation and assistance c�f a routine law enforcement nature across jurisdictional lines. 2) Pernuts establishing a joint city t�sk faree on narcotic smuggling. 3) Pernuts establishing a joint city traffic enforce�ment tasl� ft�rce. NOW, THEREFURE, the agen�ies which are parti�s tc� this agreement h�reby ag,x�e as follows: SEGTION I PROVISIONS FUR VQLUNTARY COaPERATION Each of the aforesaid law enforcement agencies hereby approve and enter into this agreement whereby each of the agencies may request and render law enfarcement assistance to tt�e other dealing with any violation of Florida Statutes to include, but nat lirnited to, investigating haraicides, sex nffences, rabberies, burgl�ries, thefis, gambling, control substance viotations, DUI violations and in providing additia�al law enforcement services including, but not limited to, jaint traffic enforcement task forees, Joi�t narcotic smuggling task forces, backup coverage for ather law enforeem�nt officers as needed. SECTION II PROVISION5 FOR OPERATIONAL ASSISTANCE Each of the aforesaid law enfareement agencies hereby approve and enter into this agreement whereby each of the agencies may request and render law enforcement assistanee to the other to incltx�e, but not limited to, dealing with civil disturbances, Iaw enforcement emergencies, large protest dern4nstrations, aircraft disasters, fires, hurricanes, tornadces or other westher relatea crises, sporting events, concerts, parades and incidents requiring utilization of specialized units. SECTION III PROCEDURE �'OR REQtJ�ESTING ASSISTAI�C� O� COdi'EYtATIt`�N In the e�vent tt�at a party to �hrs agreeme�t is in need of assistance or r�uests a joint ci�y task force as set farth above, ac� authnri�ci represe�ntative ofthe ag;ency requesting assistance or a jaint eity task fore� shall notify the �tgency head or his/her designee frorn whom s�tch assistance or cooperatian is requested. The agency head or autharized agency representative whose assistance is sought shall evaluate the situation and the agencies available resources, cansult wittr his/her supervisor if necessary and wili respand in a manner he/she deems apprvpriate. The agency head in w�se jutisdiction assista�nce is tseing rend�r�d may determine wha is authorized to lend assis�ance in trisltxer jutisdiction, fc�r how long such assistance is authorized and fnr what gurpose suc� autharity is gr�nted. This �uthvrity may be granted either verbally or in writir�g �s the partic�ar situatian d�ctates. No officer or appointee shall'b� empowered under this agreernent to operate in the other $gency's jurisdiction withaut prior approval afthe agency h�t� �t�ving normal jurisdictian. The agency head's decision in this matter shall be final. SECTION N COMMAND AND SUPERVISORY RESPONSIBYI.YTY The personnel and equipment that are assigned by the a�sistxng agency head shall be r�nder the imrnediate comrnand of a supervising officer designated by the assisting agen�y head. Such supervising affcer shall be under the direct supervision and cammand c�f the agency head ar his/her designee of the agency requesting assistance. CONFLICTS: Whenever an officer or other appointee is rendering assistance ar caoperation pursuant to this agreement, the officer or appaintee shall abide by and b� subject to the rules and regulations, personnel poticies, general orders and standard operaEing procedure of his/her awn empioying agency. If any such rule, regulation, personnel policies, general orders or standard operating pracedure is contradicted, cantravened or otherwise in conflict with a direct order of a superior officer of the� requesting agency, then such rule, regulatian, personnel policy, gcneral arder or procedure sha11 control and shalt supersede the direet orrler. SE�'TiOI'�l' V LIABYLITY Each party engaging in any mutual cooperation and a�sistance, pursuant td this agreement, agrees to assurne responsibility for the acts, c�missions, ac�d �onduct of such pariy's own employees while engag�d in rencfering s�ceh aid pursuant to thits a��ment, suhject to the pravisions of section 7G8.28, Flvrida Statutes where apptieable, SEGTION VI POWERS. PRIVILEGES. IMMUNITIES AND COSTS a. Emgloyees af the �elismere P'otice Department, the Sebastian Police Departrnent a.rid the Ir�dian River Shore� I'ub�€c Safety Department when actually engaging in mutual cooperatian and assistance outside of their jurisdictional limits but insid� the State, under the terms of this agreemerit, shall, pursusnt to 1he provisians�of sectian 23,12fi (1), Florida Statrates, ha�ve the same pawers, duties, r�ghts, privileges and imrn.txnities as if the �rn�rinyee was p�rf`rrrming duties inside the ernployee's potitical sub�iivisic�n in which �o�rrnally �mptoyed. t�. Each party agrees to furnish necessary personnet, eqai�ment, resaurces and facilities artd to render serviees ta ea�h c�th�r party to the agreement as set fartk abave; provided, however, that na party shall be required to c�eplete unreasonably its own perscrnnel, equipment, resaurces, facilities and services in furnishing such mutt�a�fi aid. c. A palitical subdivision that furnishes equipment pursiaant to this agreement assumes the cost of loss or damage to that equipment and must pay any expenses incunned in the operation and maintenanee or that equipment. d. The agency furnishing aid pnrsuant to this agreement shall compensate its appointeelemployees during the titne such aid is render+ed and shall defray the actrial travel and mainte�ance expenses af its emptoyees while they are rendering such aid, including any amounts paid or due far compensation due to persanai injwry or deaikh. v�rhile such employees are engaged in rendering such aid. e. The privileges and immunities fram liability, exernptian from laws, ordinances and rules, and alI pension, insurance, relief, disability, workers' compensatian, salary, death and other benefits that apply to the activity of an employee of an agency when performing the emplvyee's duties within the territarial limits af the employee's agency apply to the employee to the same degree, manner and extent while engaged in the performartce of the employee's duties extra#erritorially under the provisions of this rnutual aid agr�ement. f. Nothing herein shall prevent the requesting agency from requesti�g supp�emental appropriations frum the governmental authnrtty having budgeting jurisdictian to reirnburse the �ssisting �gency �ar �ny act�I costs or expenses incurred by th� a9sisting a��ncy pe�f'f�rtning hereunder. g. Nathing in this agreement is intended or is to be construecl as any transfer or fimction of ane party hereto ta the other. SECTI(JN VII F4RFEITURE PROVISI4NS a. In the event an agency seizes any real property, vessel, motar vehicte, aircraft, currency or other property pursuant to the Flarida Co�tratba�d Forfeiture Act during the performance oi this agreernent th� �PD shall be considered to be the sei�in� ag�ncy. In th� case of valuntary cooperation SPD shali be responsible fnr rn�taining any farf'eiture action and shall hav� the exclusive right to cant�rol a.tid t�e responsibili�ty to maint�.�in the praperty in ac�arclance with ct�pter 9:��, Florida Statutes, to include, tsut nc�t be lirniteci ta, th� compi�e discretion to bring the action or disrniss the actir,�. 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 VYiI EFFECTIVE DA�TE This agreement shall take effect upon the execution and approval by the hereina.f�er named afficials and shatl continue in full force and effect until September 3a, 2012. �'his agreement may be renewed in writing thereinafter for a specrfied one year term fram Qctaber I tbru. Segtember 30 and thereon as mutually agreed upon. SECTION IR CANCELLATION Either party may cancel its participation in this agreement upon delivery of a 3Q day written notice to the other party with its �ntent to cancel. �ancellation wiIl be at the discretion vf 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: