HomeMy WebLinkAboutAgreement_Interlocal_07/12/2018_Martin County Sheriff's Office MUTUAL AID AGREEMENT FOR OPERATIONAL ASSISTANCE&VOLUNTARY COOPERATION BETWEEN
THE MARTIN COUNTY SHERIFF'S OFFICE AND THE TEQUESTA POLICE DEPARTMENT
This Agreement(Agreement), with revisions, is a renewal of an earlier approved document between
the Martin County(FL) Sheriff's Office (MCSO) and the Tequesta (FL) Police Department (TPD),which
was effective with final signatures on 04/29/2009.
Conventions for this Agreement: Grammatical Structures,Acronyms and Definitions
• References to the male gender equally apply, as appropriate, to the female gender, and vice versa.
• As appropriate, where a term contains the word "man" its meaning may be construed to refer to,
as appropriate, males or females.
• The commanding officials of the two agencies are the Sheriff, MCSO,or the Chief,Tequesta Police;
where mentioned,their authority extends to their appointed designees
• Law Enforcement officer(LEO) -in the case of the TPD, any TPD police officer; in the case of the
MCSO,any MCSO sheriff's deputy
• Subscriber—Individually, each of the two law enforcement organizations affected by this
Agreement
• Requesting subscriber—Law enforcement agency requesting assistance from the responding
subscriber
• Responding subscriber—Law enforcement agency which provides assistance (or considers and
declines or modifies level of assistance)
The subscribers are located adjacent geographically(including a coterminous land border),therefore, it
is to the advantage of both to receive and extend mutual aid in the form of law enforcement services
and resources and to therefore provide, among other unremunerated situations, mutual aid for the
following:
• Intensive situations, including but not limited to emergencies as defined under§§ 252.34, Florida
statutes(F.S.)
• 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 subscribers have authority under§§ 23.1225 F.S. et. Sec.,The Florida Mutual Aid Act, to enter into
a combined Mutual Aid Agreement(Agreement)for law enforcement series which:
• Permits voluntary cooperation and assistance of a routine law enforcement nature across
jurisdictional lines, and
• Provides for rendering of assistance in a law enforcement emergency as defined in §252.34 F.S.
Given the foregoing,the subscribers agree to the following provisions.
Section 1: Provisions for Operational Assistance
Each subscriber approves and enters into this agreement whereby either so represented may request
and render law enforcement assistance to the other,to include, but not necessarily limited to,dealing
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with the following:
• Civil disturbances and/or large protest demonstrations
• Aircraft disasters
• Fires(natural or man-caused)
• Natural or man-made disasters
• Sporting events, concerts and/or parades
• Escapes from detention facilities
• Incidents requiring use of specialized units, including manpower and equipment
Section 2: Provisions for Voluntary Cooperation
The subscribers approve and enter into this agreement whereby each may request and render law
enforcement assistance to the other in dealing with any violations of Florida statutes, including, but not
limited to: Investigations, homicides, sex offenses, robberies, assaults and batteries, burglaries,
larcenist,gambling,vehicle thefts,drug violations pursuant to Chapter 893, F.S. Additional services
might include support of backup services during patrol activities and inter-agency tasks forces and/or
joint investigation.
Section 3: Requesting Assistance
Should an event occur wherein one subscriber(requesting subscriber) is in need of assistance as
indicated in Section 2, it shall notify the other subscriber(responding subscriber). The head of the
responding subscriber(shall evaluate the request, balancing it against available resources at time of
request, and respond to the requesting subscriber in the manner he deems appropriate.
. Deletion on request of MCSO 05/2018
Should a subscriber's LEO be in the other's jurisdiction for matters of an incidental or routine nature,
e.g.,transiting in a vehicle,attending a meeting or transporting a prisoner, and he observes an F.S.
violation, he may render appropriate assistance and act in accordance with law. Should he take law
enforcement action he shall notify/cause to be notified the subscriber agency having jurisdiction at the
location, and request response of an LEO with enforcement authority. On arrival of an LEO with
enforcement authority the requesting LEO shall relinquish control of the situation to the former,
offering any follow-up assistance needed. Such follow-up assistance might include, but not be limited
to,the preparation of a written report or statement documenting the event and actions taken by the
first observing LEO.
The provisions of the preceding paragraph are not intended to grant general authority to conduct
investigations or serve warrants and/or civil process, but are intended to address critical, life-
threatening,or public safety situations, prevent bodily injury to citizens or secure apprehension of a
criminal the LEO may encounter.
Agency heads'decisions in the matters of this section are final.
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Section 4:Supervisory&Command Responsibility
Personnel and equipment assigned by the assisting agency head shall be under the immediate
command of a supervisor designated by the assisting agency head. The supervisor shall be under the
direction, supervision and command of the agency head of the agency requesting assistance.
Section 5:Indemnification; liability
To the extent it is responsible, each subscriber agency engaging in any cooperation and assistance
pursuant to this Agreement, agrees (with respect to any third party suit or claim for damages resulting
from any/all negligent acts, omissions or conduct of such agency's own employees occurring while
engaging in rendering such aid pursuant to this Agreement),to hold harmless, defend and indemnify
the other participating subscriber and its employees or appointees, and to assume full responsibility for
the same, subject to §768.28 F.S.,where applicable, and provided such agency shall have control of the
defense of any suit or claim to which said duty to indemnify and assumption of responsibility applies.
Section 6: Powers, Privileges, Immunities&Costs
Employees of each subscriber, when actually engaging in mutual cooperation and assistance outside its
jurisdictional limits but within the State of Florida, under the terms of this Agreement, shall, pursuant
to the provisions of§23.127(1) F.S., have the same powers, duties, rights, privileges and immunities as
if its employees were performing duties inside their own political subdivision.
Each subscriber shall furnish necessary personnel, resources and facilities and to render services to the
other, but neither agency is obligated to unreasonably deplete its own personnel, equipment,
resources,facilities and service in furnishing such mutual aid.
The subscriber agency furnishing equipment pursuant to this Agreement agrees to bear the cost of loss
or damage to that equipment and must pay any expense incurred in the operation and maintenance
for that equipment.
Subject to the reimbursement provisions of Section 8,infra.the subscriber 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.
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 a subscriber's employees when performing employee's duties within the
territorial limits of the employee's agency, apply to the employees in the same degree, manner, and
extent while engaged in the performance of the employees' duties extra-territorially under the
provisions of this Agreement.
These provisions apply to paid,volunteer and reserve employees.
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Nothing herein shall prevent the requesting subscriber from requesting supplemental appropriations
from the governing authority having budgeting jurisdiction to reimburse the assisting subscriber for any
actual costs or expenses incurred by the assisting agency performing hereunder.
Section 7: Insurance
Each subscriber shall provide satisfactory proof of liability insurance in an amount which is, in the
judgment of the governing body of that agency, at least adequate to satisfy the risk to which that
agency may be exposed in the fulfillment of its obligations under this Agreement. However, should any
part of such coverage amount be cancelled or materially change,the affected subscriber shall notify
the other subscriber of such cancellation or change within ten calendar days of receipt of notice, or
actual knowledge of such change,whichever occurs earlier.
Section 8: Reimbursements for costs and expenses
The subscribers acknowledge and agree that with respect to any aid/services provide pursuant to
provisions of Section 2,there shall be no reimbursement for costs/expenses incurred by the responding
subscriber agency. However,this provision shall not be interpreted to prevent the requestor
subscriber from agreeing in advance to pay for the costs or expenses of the assistance even if the
responding subscriber or its employees benefit there from.
The subscribers acknowledge and agree that with respect to any aid/services provided pursuant to
Section 1,the responding subscriber is entitled to reimbursement for investigative expense, including,
but not limited to car rentals, hotel rentals and other incidental expenses reasonably incurred by it in
providing assistance to the requesting subscriber. Such reimbursement under this section does not
include reimbursement for the responding subscriber's employees or overtime pay thereof. To be
entitled to reimbursement for investigative expenses related to operational assistance, the responding
subscriber shall first obtain prior written authorization from the requesting subscriber(the requesting
subscriber would ultimate bear investigative expenses.
Section 9: Forfeitures or Other recoveries
In this section,proceeds is defined as the residual amount of seized monies or valuable property.
Residual refers to monies and valuables available for distribution to the subscriber agencies after the
forfeiting subscriber's costs and legal expenses have been satisfied.
In response situations wherein forfeiture of seized property is likely,the subscribers shall endeavor to
agree in advance to the to an equitable sharing arrangement of the proceeds If such advance
agreement cannot be made, such proceeds shall be equitably distributed in a manner reflective of the
time, manpower and resources contributed by each subscriber agency.
Section 10: lost or Abandoned Property
Should any lost or abandoned property,or unclaimed evidence (as these terms are defined in law), be
found, located,or seized by either subscriber agency, both subscriber agencies agree to dispose of said
property/evidence through public sale or auction, and the net proceeds shall be equally distributed
among the two, and to the extent that Florida law allows such net proceeds to be retained. Individual
exceptions to this disposal procedure may occur with mutual written consent of both subscribers.
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Section 11: Effective Date; Cancellation
Upon execution and approval by signatory officials on the page following,this Agreement takes effect
upon signature of the last official to do so,completing the signature page. The fully-executed
Agreement remains in full force and effect until December 31, 2021, provided that either subscriber
may cancel participation in this agreement by delivery of written notice to the other.
This agreement may not be renewed, amended or extend except in writing.
END OF TEXT
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IN WITNESS WHEREOF,the agencies hereto cause these presents to be signed
on the date specified.
Signed, sealed and delivered
In the presence of:
Office of the Sheriff of Martin County
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Witnes to Sheriff (Date) William D. Snyder, Sheriff (Date)
erifl's Attorney Review (Dat
Village of Tequesta Police Department
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Witness as to Chief of Police (Date) Gustavo Medi a,Police Chief(Date)
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Attorney Review (Date) Ab4yran,May r (Date)
ATTEST: 1 Village of Tequesta
DATE: -111 \11 x
V , AIC(,LJL�u o- BY:
Lori McW�J�j ,CMC,Village Clerk Michael Couzzo,Village Manager
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LEGAL SUFFICIENCY
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.INCORPORATED.'
-, `ZNE.. .O��O,,. Village Attorney
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