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957-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