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HomeMy WebLinkAboutAgreement_General_08/13/2009 (3)MITLAL AID AGREEyIENT COMBINED OPERA'T'ION ASSISTANCE AND VOLUNTARY COOPERATION This Mutual Aid Agreement is entered into the by and between the Tequesta Police Department Safety Department ("Jupiter Island"). Each is collectively referred to as the "Agencies". ~ day of ~ , 2009 ("Tequesta"), and piter Island Public referred to as an "Agency'' and are 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) Intensive situations including by not limited to emergencies as defined under Section 252.34, F.S.; and (2) 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, WHEREAS, Tequesta and Jupiter Island have the authority under Section 23.1225, F.S., et seq.. The Florida Mutual Aid Act. to enter into a combined Mutual Aid Agreement for law enforcement service 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, F.S. NOW, THEREFORE, the Agencies agree as follows: SECTION I: PROVISIONS FOR OPERATIONAL ASSISTANCE Tequesta and Jupiter Island hereby approve and enter into this agreement whereby each of the agencies so represented 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 Utilizations of Specialized Units. Jupiter Island MAA July 2009 SECTION II: PROVISIONS FOR VOLUNTARY COOPERATION Tequesta and Jupiter Island 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, F.S., and in support of 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 III: PROCEDURE FOR REQUESTING ASSISTANCE A. In the event that a party to this agreement is in need of assistance as set forth above, such party shall notify the agency from whom such assistance is required. The Chief of Police or an authorized designee, for the agency; whose assistance is sought shall evaluate the situation and their available resources, and will respond in a manner deemed appropriate. B. The agency head in whose jurisdiction assistance is being rendered may determine who is authorized. to lend assistance in their 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. C. Should a sworn law enforcement officer be in another subscribed agency's jurisdiction for matters of a routine nature, such as traveling through the jurisdiction on routine business, attending a meeting, or transporting a prisoner, and a violation of Florida Statutes occurs in the presence of that law enforcement officer, representing their respective agency, such officer shall be empowered to render enforcement assistance and act in accordance with law. Should enforcement action be taken, that law enforcement officer shall notify the agency having normal jurisdiction and upon the latter's arrival, turn the situation over to them and offer any assistance requested including but not limited to a follow-up written report documenting the event and the actions taken. This provisions so prescribed in this paragraph is not intended to grant general authority to conduct investigations, serve warrants andlor subpoenas, 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. D. The agency head's decisions in these matters 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 their designee of the department requesting assistance. 2 Jupiter Island MAA July 2009 SECTION V: INDEiYINIFICATION/LIABILITI' To the extent possible, each party engaging in any mutual cooperation and assistance, pursuant to this agreement, agrees with respect to any third party suit or claim for damages resulting from any and all acts, omissions, or conduct of such party's own employees occurring while engaging in rendering such aid pursuant to this agreement, to hold harmless, defend and indemnify the other participating party and its appointees or employees, and to assume full responsibility for same, subject to the provisions and limitations of Section 768.28, F.S., and provided such party shall have control of the defense of any suit or claim to which said duty to indemnify and assumption of responsibilities applies. SECTION VI: POWERS, PRIVILEGES, IMMUNITIES AND COSTS A: Employees of each participating department when actually engaging in mutual cooperation and assistance outside of their jurisdictional limits but inside the State of Florida, under the terms of this agreement, shall, pursuant to the provisions of Section 23.127(1), F.S., 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, 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 or obligated to unreasonably deplete its own personnel, equipment, resources, facilities. and services in furnishing such mutual aid. C. Apolitical subdivision that furnishes equipment pursuant to this part must bear the cost of loss or damage to that equipment and must pay any expense incurred in the operation and maintenance of that equipment. D. Subject to the reimbursement provisions of Section VII B, the agency furnishing aid or personnel pursuant to this section shall compensate its appointees/employees during the time such aid is rendered and shall pay any amounts due for compensation due to personal injury or death while such employees are engaged in rendering such assistance. 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 these sections shall apply with equal effect to paid, volunteer, and reserve employees. 3 Jupiter Island MAA July 2009 F. '_'lothing 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: SATISFACTORY PROOF OF INSURANCE Each party shall provide satisfactory proof of liability insurance 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 in the fulfillment of its obligations under this Agreement. However, should any part of the insurance coverage provided be cancelled or undergo material change, that party shall notify all parties to this agreement of any such change within ten (10) days of receipt of notice or actual knowledge of such change. SECTION VIII: REIMBURSEMENT FOR COSTS AND EXPENSES A. The parties acknowledge and agree that with respect to any aid or services provided pursuant to SECTION II: PROVISIONS FOR VOLUNTARY COOPERATION, there shall be no reimbursement for costs or expenses incurred by the assisting agency. However, this provision shall not be interpreted to prevent the requesting agency from agreeing in advance to pay for the costs or expenses of the operation even if the assisting agency or its employees benefit therefrom. B. The parties acknowledge and agree that with respect to any aid. or services provided pursuant to SECTION I: PROVISIONS FOR OPERATIONAL ASSISTANCE, the assisting agency shall be entitled to reimbursement for investigative expenses including, but not limited to; car rentals, hotel rentals or other incident expenses reasonably incurred by the assisting agency in providing operational assistance. Reimbursable expenses under this section does not include compensation to employees or overtime pay. If investigative expenses are to be incurred by the assisting agency under this subsection the assisting agency shall first obtain the prior written authorization from the requesting agency which shall ultimately bear the investigative expenses. SECTION IX: FORFEITURES OR OTHER RECOVERIES In response situations where forfeiture of seized pxoperty is likely the parties shall endeavor to agree in advance to an equitable sharing of all proceeds. If advance arrangements cannot be made, the proceeds shall be equitably distributed in a manner reflective of the time, manpower and resources contributed by each agency. Proceeds shall be defined as the amount of money or property existing after the forfeiting agency's costs and legal expenses have been paid. SECTION X: LOST OR ABANDONED PROPERTY Should any lost property, abandoned pxoperty, or unclaimed evidence, as those terms are defined by law, be found, located or seized by either party during the performance of this 4 Jupiter Island MAA July 2009 Agreement, both parties further agree to dispose of said property through public sale or auctions, pursuant to the procedures set forth in Section 705.103, Florida Statutes, said procedures to be initiated by the agency in whose jurisdiction the property was found, located or seized. Individual exceptions to this disposal procedure may occur with mutual written consent of both parties. SECTION XI: EFFECTIVE DATE This agreement shall take effect upon execution and approval by the hereinafter named officials and shall continue in full force for Fve years from date of execution. Under no circumstances may this agreement be renewed, amended, or extended except in writing. SECTION XII: CANCELLATION Any party may cancel their participation in this agreement upon delivery of written notice to the other parties. Cancellation will be at the discretion of any subscribing party. ENI) OF TEXT IN WITNESS WHER~.OF, the parties hereto cause these presents *_o be signed on the date specified. Signed, sealed and delivered in the presence of: Tequesta Police Department ~1,: YYl cc~~ ~ -~~~ Witness as to Chief of Police ATTEST ~~~~~~ Lori McWilliams, C~~,,,,,~ Village Clerk ~,.~,``~~p.GE, pF~~, By: G~, William E. McCollom. ief 'Police ~ > (date) VILLAGE OF TEQUESTA Bv. _ --7 i-- ------- Michael Couzzo, Village Manager ~ l3 d (date) [VILLAGE APPROVED AS TO FORM AND LEGAL SUFFICIENCY ___ Tr hite, ES Village Attorney .lupiter Island MAA July 2009 ~~ ~ - ~ - Witn a to C ief of Police Witness as to Chief of Police own Attorne s Review Jupiter Island Public Safety Department ,: ~~ By: Ted Gonzal s, Chi f Police _Fs t n (date) Town of Jupiter Island By. ~ ~~1~ Gene Rauth, Deputy Town Manager ~~2~ ~ay (date)