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HomeMy WebLinkAboutMutual Aid Agreement - Ft Pierce PDCOMBINED VOLUNTARY COOPERATION AND OPERATIONAL ASSISTANCE MUTUAL AID AGREEMENT This Mutual Aid Agreement is entered into the day o J i 2O10 by and between the SEBASTIAN POLICE DEPARTMENT "Law Enforcement 1e partment and the FORT PIERCE POLICE DEPARTMENT "Law Enforcement Department or reference to both as the `Agencies to be as follows: WTfNESSETR 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 law enforcement problems, so as to protect the public peace and safety, and preserve the lives and property of the people; and 2. Intensive situations including, but not limited to, emergencies as defined under Section 252.34, Florida Statutes; and WHEREAS, the FORT PIERCE POLICE DEPARTMENT and the SEBASTIAN POLICE DEPARTMENT have the authority under Section 23.12, Florida Statues, et seq., the Florida Mutual Aid Act, to enter into a combined mutual aid agreement for law enforcement services which: 1. Permits voluntary cooperation and assistance of a routine law enforcement nature across jurisdictional lines, and 2. Provides for rendering of assistance in a law enforcement emergency as defined in Section 252.34, Florida Statutes. NOW, THEREFORE, THE PARTIES 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 in dealing with any violations of Florida Statutes to include, but not necessarily be limited to investigating homicides, sex offenses, robberies, assaults, burglaries, larcenies, gambling, motor vehicle thefts, drug violations pursuant to Chapter 893, Florida Statutes, backup services during patrol activities, school resource officers on official duty out of their jurisdiction, and inter agency task forces and/or joint investigations. 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 necessarily be limited to, dealing with civil disturbances, large protest demonstrations, aircraft disasters, fires, natural or man -made disasters, sporting events, concerts, parades, escapes from detention facilities, and incidents requiring utilization of specialized units. SECTION III: PROCEDURES FOR REQUESTING ASSISTANCE In the event that a party to this agreement is in need of assistance as set forth above, an authorized representative of the agency requesting assistance shall notify the agency head or his/her designee from which such assistance is sought. The agency head or authorized agency representative whose assistance is sought shall evaluate the situation and the agency's available resources, consult with his/her supervisors 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. Should a sworn law enforcement officer be in another subscribed agency's jurisdictions for matters of routine nature, such as traveling through the jurisdiction on routine business, attending a meeting or going to or from work, or transporting a prisoner, and a violation of Florida Statutes occurs in the presence of said party, representing his/her respective agency, he /she shall be empowered to render enforcement assistance and act in accordance with the law. Should enforcement action be taken, said party shall notify the agency having normal jurisdiction and upon the latter's arrival, turn the situation over to that agency and offer any assistance requested including, but not limited to, a follow -up written report documenting the event and the actions taken. This paragraph is not intended to grant general authority to conduct investigations, serve warrants and/or subpoenas or to respond without request to emergencies already being addressed by the agency of normal jurisdiction, but is intended to address critical, life- threatening or public safety situations, prevent bodily injury to citizens, or secure apprehension of criminals whom the law enforcement officer may encounter. 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 unless concurrent jurisdiction exists as a matter of law. The agency heads' decisions in these matters shall be final. SUPERVISOR SECTION IV: COMMAND AND SUPERVISORY RESPONSIBLILITY 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. 2 SECTION V: LIABILITY 3 CONFLICTS: Whenever an officer, deputy sheriff or other appointee is rendering assistance 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 operation procedures of his/her own employer. If any such rule, regulation, personnel policy, general order 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, policy, general order or procedure shall control and shall supersede the direct order. HANDLING COMPLAINTS: Whenever there is cause to believe that a complaint has arisen as a result of a cooperative effort as it may pertain to this agreement, the agency head or his/her designee of the requesting agency shall be responsible for the documentation of said complaint to ascertain at a minimum: 1. The identity of the complainant. 2. An address where the complaining party can be contacted. 3. The specific allegation_ 4. The identity of the employees accused without regard as to agency affiliation. If it is determined that the accused is an employee of the assisting agency, the above information, with all pertinent documentation gathered during the receipt and processing of the complaint, shall be forwarded without delay to the agency head or his/her designee of the assisting agency for administrative review. The requesting agency may conduct a review of the complaint to determine if any factual basis for the complaint exists and/or whether any of the employees of the requesting agency violated any of their agency's policies or procedures. Each party engaging in mutual cooperation and assistance, pursuant to this agreement, agrees to assume responsibility for the acts, omissions, or conduct of such party's own employees while engaged in rendering such aid pursuant to this agreement, subject to the provision of Section 76$28, Florida Statutes, where applicable. SECTION VI: POWERS, PRIVILEGES, IMMIJNTFES, AND COSTS a) Employees of FORT PIERCE POLICE DEPARTMENT and the SEBASTIAN POLICE DEPARTMENT when actually engaged in mutual cooperation and assistance outside their jurisdictional limits but inside this 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 unreasonably deplete its own personnel, equipment, resources, facilities, and services In furnishing such mutual aid. c) The agency that furnishes equipment pursuant to this agreement must bear the cost of loss of damage to the equipment and must pay any expense incurred in the operation and maintenance of the equipment. d) The agency furnishing aid pursuant to this agreement shall compensate its appointees/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 as pertains to: "Section I: Provisions for Voluntary Cooperation" 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. The provisions of this section shall apply with equal effect to paid, volunteer and reserve employees. f) Nothing herein shall prevent the requesting agency from requesting supplemental appropriations from the governing authority having budgeting jurisdiction to reimburse the assisting agency for any actual costs or expenses incurred by the assisting agency performing hereunder. SECTION VII: INSURANCE Each party shall provide satisfactory proof of liability insurance by one or more of the means specified in Section 768.28(14), Florida Statutes, in an amount which is, in the judgment of the governing body of that party, at least adequate to cover the risk to which that party may be exposed. Should the insurance coverage, however provided, of any party be canceled or undergo material change, that party shall notify all parties to this agreement of such change within ten (10) days of receipt of notice or actual knowledge of such change. SECTION VIII: 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 cancelled as provided by Section IX of this agreement. SECTION IX: CANCELLATION Any party may cancel its participation in this agreement upon delivery of written notice to the other party or parties. Cancellation will be at the direction of any subscribing party, or any party Lawfully appointed to the same position previously held by a subscribing party. 4 The CITY OF FORT PIERCE, FLORIDA, and the CITY OF SEBASTIAN, FLORIDA, hereby authorize and direct the Chief of the FORT PIERCE POLICE DEPARTMENT and the Chief of the SEBASTIAN POLICE DEPARTMENT to enter into the foregoing Combined Voluntary Cooperation and designee to administer the provisions of the forgoing Combined Voluntary Cooperation and Operational Assistance Mutual Aid Agreement for and on behalf of the CITY OF FORT PIERCE, FLORIDA and the CITY OF SEBASTIAN, FLORIDA. WITNESS WHEREOF, THE PARTIES HERETO CAUSE THESE PRESENT TO BE SIGNED ON THE DATE SPECIFIED. CITY OF SEBASTIAN ichelle Morris of of Police City of Sebastian, Florida Date: a VC) CO Richard H. Gillmor Mayor City of Sebastian, Florida Date: Feb. 10, 2010 talbilinta colt D ou y Ci+y Cler�C prSally Maio J City Clerk City of Sebastian, Florida Date: Feb. 10, 2010 APPROVED AS TO FORM AND CORRECTNESS Robert Ginsburg City Attorney City of Sebastian, Florida Date: /a �o CITY ;OF Date: ORT IERCE Sean Baldwin Chief of Police City of Fort Pierce, Florida 2. /3.10 Robert Jenton, III Mayor City of Fort Pierce, Florida Date: 4.. ,q (b Cassandra Steele City Clerk City of Fort Pierce, Florida Date: tiQ Robert V. Schwerer, Esquire City Attorney City of Fort Pierce, Florida Date: 4/2.110 5