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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 Page 4 of 4