HomeMy WebLinkAbout957-City of Daytona Bch Mutual Aid Agreement THE CITY OF DAYTONA BEACH
OFFICE OF TIIE CITY CLERK
P. O. Box 2451 ~ t
l~/t~ma Bcadl, 1~/~2115-2451
TeL (S86) 671-8020 F~:- ~886) 671-8035
December 13, 2002 ~r0~C¥~'''¥)'
The City of Sanford Police Dept.
Brian F. Tooley, Chief of Police
815 S. French Avenue
Sanford, FL 32771-2400
RE: M~lAid.Aereeme~
Dear Chief Tooley:
Enclosed for your records are a copy of R~solution No. 02-568 and one original copy of
the Mutual Aid Agre~em to the Resolution~ The Resolution were adopted at the
November 20, 2002, ~eting of the City Commission.
ffyou have any questions or need more information, please contact this office at (386)
671-8021.
Sincerely,
Deborah E. Foster
Office Specialist HI
Attachment
RESOLUTION NO. 02-568
A RESOLUTION APPROVING A MUTUAL AID
AGREEMENT BETWEEN THE DAYTONA BEACH POLICE
DEPARTMENT AND CITY OF SAN-FORD POLICE
DEPARTMENT; AND PROVIDING WHEN THIS
RESOLUTION SHALL TAKE EFFECT.
WHEREAS, The City of Daytona Beach Police Department, pursuant to the
Florida Mutual Aid Act, Part 1 of Chapter 23, Florida Statutes, is authorized to enter into
operational assistance agreemems and voluntary cooperation agreements with other law
enforcement agencies; and
WHEREAS, it is to the advantage of both The City of Daytona Beach Police
Departmem and City of Sanford Police Department to receive and extend mutual aid in the form
of law enforcement services and resources; and
WHEREAS, the Police Chief recommends that a Mutual Aid Agreement be
approved through January 1, 2004.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
THE CITY OF DAYTONA BEACH, FLORIDA:
SECTION 1. The City Commission hereby approves a Mutual Aid Agreement
between The City of Daytona Beach Police Department and City of Sanford Police Department,
for special evems effective from this date through January 1, 2004. A copy of the Mutual Aid
Agreement is attached hereto and by reference made a pa~ hereof.
SECTION 2. The Mayor or his designee is hereby authorized to execute the
Mutual Aid Agreement on behalf of The City of Daytona Beach Police Department.
SECTION 3. This Resolution shall take effect immediately upon its adoption.
BARON H. AS~{ER /
Mayor
ATTEST:
'~EL. °(~' tt3 ~--'EF~
BUTLER
City Clerk
Adopted: November 20, 2002
OPERATIONAL ASSISTANCE
MUTUAL AID AGREEMENT
Between
The City of Daytona Beach Police Department
And
The City of Sanford Police Department
WHEREAS, the subscribed 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 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, the City of Daytona Beach Police Department and the City of Sanford
Police Department have the authority under Part I of Chapter 23, Florida Statutes, the
Florida Mutual Aid Act, to enter into a Mutual Aid Agreement for assistance of a routine
law enforcement nature that crosses jurisdictional lines and requested and operational
assistance agreement for the rendering of assistance in connection with law enfomement
intensive situations.
NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS:
SECTION I PROVISION FOR OPERATIONAL ASSISTANCE
THEREFORE, be it known that the aforesaid law enforcement agencies hereby approve
and enter into this agreement whereby each of the agencies may request or agree to
render law enforcement assistance to the other, to include, but not necessarily be limited
to, civil disturbances, large protest demonstrations, aimraft disaster, fires, natural or man
made disaster, sporting events, concerts, parades, escapes from detention facilities and
incidents requiring utilization of specialized units.
SECTION I1 PROVISION FOR VOLUNTARY COOPERATION
THEREFORE, be it knoxvn that the aforesaid law enforcement agencies hereby approve
and enter into the Agreement whereby each of the agencies may 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 and drug violations pursuant to
Chapter 893, Florida Statutes, back-up services, interagency task forces and/or joint
investigations.
SECTION III POLICY PROCEDURE
a. In the event that a party to this Agreement is in need of assistance as set forth
above, it shall notify the agency head or his designee from whom such assistance
is required. The agency head designee 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 bead's decision in this regard shall be final.
b. The resources or facilities that are assigned by the assisting agency 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 designee of the agency requesting assistance.
c. Where investigative priorities arise during a law enforcement operation which
may require the crossing of jurisdictional lines, each patty agrees that the agency
administrator or his designee on duty shall notify the agency administrator of the
jurisdiction entered, and request enforcement assistance. The responding agency
administrator or his designee shall evaluate the situation, consult with his
appropriate supervisor if necessary and, if required, insure that proper
enforcement assistance is rendered.
d. Should an officer of a participating agency be in another jurisdiction for matters
of a routine nature or investigative nature, such as traveling through the area on
routine business, attending a meeting, or going to or from work, and a criminal
violation of Florida Statt~s occurs in the presence of said officer, and said
violation is a felony or other offense constituting a breach of the peace, the officer
shall be empowered to render enforcement assistance and act in accordance with
the law. Prior to enforcement action being taken in the other agency's
jurisdiction, the officer shall notify that jufisdiction's Communication Center of
the situation. The only exception would be the situation where immediate action
is necessary. In that event, the Communications Center would be notified
immediately thereafter.
e. Should additional violations of the Florida Statutes occur in the presence of said
officer, representing his or her respective agency in furtherance of this
Agreement, he/she shall be empowered to render enforcement assistance and act
in accordance with the law.
SECTION IV POWERS~ PRIVELEGES~ IMMUNITIES~ AND COSTS
a. Members of the subscribed law enforcement agencies, when actually engaging in
mutual cooperation and assistance outside of the jurisdictional limits of their
respective agencies, under the terms of this Agreement, shall, pursuant to the
provisions of Section 23.127, Florida Statflgs, have the same powers, duties,
rights, privileges, and immunities, as if they were performing their duties in the
political subdivision in which they are normally employed.
b. Each party agrees to furnish necessary equipment, resources, and facilities, and to
render services to each other party to the Agreement as set forth above, provided
2
however, that no party shall be required to deplete unreasonably its own
equipment, resources, facilities and services, in furnishing such mutual aid.
The agency furnishing aid, pursuant to this Agreement, shall bear the loss or
damages to such equipment, and shall pay any expense incurred in the operation
and maintenance thereof.
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 maintenance expenses of such appointees/employees while the are
rendering such aid, including any amounts paid or due for compensation due to
personal injury or death while such appointees/employees are engaged in
rendering such aid.
Ali the privileges and immunities from liability, exemption from laws, ordinances
and rules, and all pension, insurance, relief, disability, worker's compensation,
salary, death and other benefits which apply to the activity of such officers,
agents, or employees of any such agency when performing their respective
functions within the territorial limits of their respective public agencies, shall
apply to them to the same degree, manner, and extent while engaged in the
performance of any of their functions and duties extraterritorially under the
provisions of this Mutual Aid Agreement. The provisions of this section shall
apply with equal effect to full-time, paid, part-time, volunteers, and reserve
members.
SECTION V INDEMNIFICATION
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 appointees/employees occurring while
engaging in rendering such aid, pursuant to this Agreement, to hold harmless, defend, and
indemn/fy the other participating party and his appointees/employees, subject to
provisions of Section 768.28, Florida Statu'~s, where applicable and to the extent
permitted by law. Any party having a duty to indemnify and defend under this
Agreement shall have control of the defense of any suit or claim arising under said duty.
Each party shall be responsible for the acts, omissions, or conduct of its own employees.
SECTION VI INSURANCE PROVISIONS
Each party shall provide satisfactory proof of liability insurance by one or more of the
means specified in Section 768.28(14), Florida Statues, 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.
3
SECTION VII 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 January 1, 2004, unless
terminated prior thereto by any or ali the parties herein.
SECTION VIII CANCELLATION
This Agreement may be canceled by any party upon delivery of written notice to the
other parties. Cancellation will occur at the direction of any subscribing party.
IN WITNESS WHEREOF, THE PARTIES HERETO CAUSE THESE PRESENTS TO
BE SIGNED ON THE DATE SPECIFIED.
Baron H. Asher, Mayor
City of Daytona Beach
City of Sanford
City(6f Da,)a~na Bea?~lice Department
Date
Date
4