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HomeMy WebLinkAboutDocumentation_Regular_Tab 05_08/10/2017 MUTUAL AID AGREEMENT BETWEEN THE TEQUESTA POLICE AND JUPiTER ISLAND PUBLIC SAFETY DEPARTMENT This Mutual Aid Agreement (Agreement),a combined operational assistance and voluntary cooperation agreement.is entered into and is effective on the date all signatures on all signature pages are signed. The Agreement is between the Tequesta Florida Police Department(TPD),and the Jupiter island Florida Public Safety Department(JIPSD),each separately known as"Agency"and collectively,"Agencies." The Agencies have law enforcement and public safety responsibilities for their respective political entity (TPD for the village of Tequesta and JiPSD for the Town of Jupiter Island). Being geographically proximate to each other renders it advantageous to receive and extend Mutual Aid in the torn of law entorcement services and resources to adequately respond to: • intensive situations including but not limited to emergencies as defined under Florida Statute(FS) §252.34 and • Continuing,multi_jurisdictional law entbrcement problems,so as to protect the public,peace and safety,and preserve the lives and property of the people The Agencies have authority under The Florida Mutual Aid Act(FS§23.1225..et seq.). Such authority authorizes the Agencies to enter into this combined Mutual Aid Agreement for law entorcement services. permitting voluntary cooperation and assistance of a routine law enforcement nature across jurisdictional lines,and providing for rendering assistance in a law enforcement emergency.The Agencies,therefore, agree to the following SECTION l: PROVISIONS FOR OPERATIONAL.ASSISTANCE The Agencies approve and enter into this agreement whereby each may request and render law enforcement assistance to the other, in situations such as the following(the list is illustrative and not inclusive): protest and other civil disturbances,aircraft-related disasters, tires,other natural or man-made disaster,sports events,concerts,parades,escapes from detention facilities,incidents requiring use of specialized units. SECTION I1: PROVISIONS FOR VOLUNTARY COOPERATION Either or both Agencies,in accordance with provisions of this Agreement,may request and render law enforcement assistance to the other in dealing with any violations of Florida statutes,such as the following (the list is illustrative and not inclusive):homicide investigations,sex offenses,robberies,assaults, burglaries,larcenies,gambling,motor vehicle thefts and drug violations elucidated in FS§893,support of "back-up"services during patrol activities,school resources officers on official duty out of their jurisdictions,and Inter-Agency Task Forces and/or Joint Investigations. SECTION III: REQUESTING:ASSISTANCE if either Agency is in need of assistance as set forth above,such requestor Agency shall notify the requestee agency from which such assistance is required. The requestee Police Chief or authorized designee,shall evaluate the situation.agency available resources,and respond to the requester Agency appropriately. The Agency head in whose jurisdiction assistance is being rendered may deternine the following: • Who is authorized to lend assistance in her' jurisdiction • How long such assistance is authorized • The purpose such authority is granted t in this doeument the use of the pronouns she and her,refer,as appropriate.to the male gender of his and him,and vice versa. Z Effective:July-2017 This authority may be granted verbally or in writing as the particular situation dictates. Should a law enforcement officer tofticer)(as defined in FS§943.10(1))of one Agency be in the other agency's jurisdiction for routine matters,e.g.,traveling through the jurisdiction on routine business, attending a meeting,or transporting a prisoner,and a violation of Florida statutes occurs in his presence, such officer may render enforcement assistance,acting in accordance with law. Should he take enforcement action he shall notify the Agency with jurisdiction for the location and remain on scene pending arrival of an officer of that jurisdiction. On arrival attic latter,the original officer shall relinquish the incident to the officer with jurisdiction tier further processing. The original officer shall provide any assistance to the jurisdiction officer including,but.not limited to,completing a report documenting the event and the actions taken thereon. The provisions of this paragraph do not grant general authority to conduct investigations, serve warrants and/or subpoenas,but,rather,are 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. The agency head's decisions in these matters are final. SECTION iV: CONIMAND AND SUPERVISORY RESPONSIBILITY The personnel and equipment assigned by the assisting agency head are under immediate command of a supervising officer designated by the assisting agency head That supervising officer shall place herself under direct supervision and command of the agency head or their designee of the Agency requesting assistance. SECTION V: INDEMNIFiCIATiON/LIABILITY Each party engaging in any mutual cooperation and assistance,pursuant to this agreement,agrees with respect to any suit or claim for damages resulting from any and all acts,omissions,or conduct of such parry'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 provisions of FS§768.28,as applicable,provided that 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 Employees of each participating agency when actually engaging in mutual cooperation and assistance outside their respective jurisdictional limits but within the State of Florida,under the terms of this agreement,shall,pursuant to the provisions of FS§23.127(1),have the same powers,duties,rights, privileges and immunities as if the employee was performing duties inside the political subdivision in which normally employed. Each party agrees to furnish necessary personnel,resources and facilities and to render services to the other party to the agreement as sct forth above;provided however,no parry shall be required to deplete unreasonably its own personnel,equipment,resources,facilities and services in furnishing such mutual aid. A political subdivision that furnishes equipment pursuant to this agreement must hear the cost of loss or damage to that equipment and must pay any expense incurred in the operation and maintenance of that equipment. The agency furnishing aid pursuant to this section 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 assistance. 2 Effective:July-2017 The privileges and immunities from liability,exemption from laws,ordinances and rules,and all pensions, 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 saute degree,manner,and extent while engaged in the performance of the employee's duties extraterritorially under the provisions of this Agreement. The provisions of these sections apply with equal effect to paid,volunteer,and reserve employees. 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 VI1: 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. Should the insurance coverage,however pmvided,of any party be cancelled or undergo material change, that party shall notify all parties to this agreement of such change within ten calendar days of receipt of notice or actual knowledge of such change. SECTION VIII: REIMBURSEMENT FOR COSTS& EXPENSES The parties acknowledge and agree that with respect to any aid or services provided pursuant to SECTION II: PROVISIONS FOR VOLUNTARY C(X)PERATiON,there shall be no reimbursement for costs or expenses incurred by the assisting agency. Flowever,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. 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 reasonahly incurred by the assisting agency in providing operational assistance. Reimbursable expenses under this section do 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 property 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 means 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 property,or unclaimed evidence,as those terns are defined by law,be found, located or seized by either party during the performance of this Agreement,both parties further agree to dispose of said property through public sale or auctions,the net:proceeds of which shall be equally distributed between the agencies participating in the Agreement. Individual exceptions to this disposal procedure may occur with mutual written consent of both parties. 3 Effective:July-2017 SECTION X1: EFFECTIVE DATE This agreement takes effect upon execution and approval by the hereinaller-named officials and continues in hull force for five years from date of execution. Under no circumstances may this agreement be renewed, amended,or extended except in writing. SECTION XII: CANCELLATION A.ny 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. IN WITNESS WHEREOF,the parties hereto cause these presents to be signed on the date specified. Signed,sealed and delivered in the presence of Tequesta Police Department By: Wimess as to Chief of Police Christopher L. Elg,Chief of Police _(date) --------— -— By: Witness James McGrew, Assistant Chief (date) Village of Tequesta By: Witness Michael Couzzo, Village Manager (date) Jupiter island Public Safety Department By: Witness as to Chief of Police Robert Garlo, Chief of Police (date) 'Town of Jupiter Island By: Witness Gene Rauth,Town Manager (date) 4 Effective:July-2017