HomeMy WebLinkAboutAgreement_General_08/10/2017 (6) 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 Deparnnent(JIPSD),each separately luiown 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 form of law
enforcement 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 enforcement 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 enforcement 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 fiont 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 otTenses,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 andfor Joint Investigations.
SECTION III: REQUESTING ASSISTANCE
If either Agency is in need of assistance as set forth above,such requester Agency shall notify the requesstee.
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 requestor Agency appropriately.The
Agency head in whose jurisdiction assistance is being rendered may determine 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 document the use of the pronouns she and her.refer,as appropriate.to the male gender of his and him,and vice
versa.
Effective:July-2017
This authority may be granted verbally or in writing as the particular situation dictates.
Should a law enforcement officer(officer)(as defined in FS§9�13.10(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 of the latter,the original officer shall relinquish the incident to the
officer with jurisdiction for 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 andior 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: COMMAND 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: I.NDEMNIFICIATiON/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
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 provisions of FS§768.28,as applicable,provided that such patty
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 set forth above;provided however,no party 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 bear 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 appointeeVemployees 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.
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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 extraten•itorially 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 VII: SATISFACTORY PROOF OF INSURANCE
Each parry 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 provided,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 VIH: REIMBURSEMENT FOR COSTS& EXPENSES
The parties acknowledge and agree that with respect to any aid or services provided pursuant to SECTION
11: 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 front 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
l: 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 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 teens 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.
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Effective:July-2017
SECTION XI: EFFECTIVE DATE
This agreement takes effect upon execution and approval by the hereinafter-named officials and continues in
full 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
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.
IN WITNESS WHEREOF,the parties hereto cause these presents to be signed on the date specified.
Signed,sealed and delivered in the presence of
Te to olieVDar
ent
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By:
Wi s as to Chief of Police obi Qi+ m
P-(C—Y1 ( ate)
Witness mes McGrew,Assist t Chief
/7 / (date)
Village of Tequesta
By:
Witness Michael Couz4k%
Villa 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)
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Effective:July-2017