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INTERLOCAL MUTUAL AID ASSISTANCE FOR POLICE SEREVICES ". I I .:./ '- /.c;' .. '? ") PINELLAS COUNTY INTERLOCAL MUTUAL AID ASSIs:T ANCE FOR POLICE SERVICES THIS AGREEMENT Is made and entered Into by and between the undersigned municipalities In Pine lias County, Florida, and Everett S. Rice, as Sheriff of Plnellas County, Florida. WITNESSETH: WHEREAS, Part I, Chapter 23 of the Florida Statutes, the "Florida Mutual Aid Act", authorizes law enforcement agencies to enter Into agreements for voluntary cooperation and assistance of a routine law enforcement nature across Jurisdictional lines by and between such agencies; to such unlawful activities; and WHEREAS, the undersigned municipalities and sheriff recognize that an increasing number of criminals are operating across jurisdictional lines and that there Is a need for a continuing multi-jurisdictional response to such unlawful activities; and WHEREAS, the undersigned municipalities and sheriff desire to secure the benefits of such mutual aid for their respective jurisdictions; and WHEREAS, the undersigned municipalities and sheriff determine that it is In the best Interest of the health, safety and welfare of the 'cltizens of the undersigned municipalities and of the citizens of Pine lias County to enter Into a Voluntary Cooperation Agreement; NOW, THEREFORE, In consideration of the mutual covenants expressed herein and for other good and valuable consideration, receipt of which Is hereby acknowledged, the parties hereto agree as follows: I. Routine Law Enforcement Matters Any party to this agreement may request the voluntary assistance and cooperation of any other party to this agreement relating to any routine law enforcement matter Involving more than one jurisdiction. II. In-Progress Crime Assistance Whenever a law enforcement officer from one jurisdiction views a felony or a misdemeanor involving a breach of peace occurring in the cooperating Jurisdiction, the law enforcement officer may physically arrest the perpetrator and preserve the crime sc-ene. Control of both the persons apprehended and the crime scene will be .'~ " /'" ~.. :/ l/ (I .::" -31 ) .... r. I I relinquished to the first available officer from the jurIsdictIon In - which the Incident occurs. Whenever remaining at the scene exposes either the officer or the subject to Imminent physical danger, the subject and any physical evidence may be transported or otherwise relocated In accordance with normal procedure. III. Voluntary Investfaatlon On-duty officers from one jurisdiction may conduct Investigatfons Into criminal activity that occurs In their jurlsdlctfon and make arrests related to those Investfgatfons In any of the undersigned Jurisdictions. If enforcement action Is anticipated, the location and nature of the Investigation will be told to the agency's on-duty communication liaison person. IV. Traffic Control Assistance A. Whenever a traffic accident involving suspected injuries of a serious nature Is reported to the jurisdiction In which the accident occurred and that law enforcement agency Is unable to provide the Immediate response necessary to render aid to the Injured or prevent further Injury, the cooperating agency may be contacted for assistance. The cooperation effort shall be restricted to necessary first aid and traffic direction. B. Hazardous Traffic Conditions Assistance 1. In a situation where automated traffic control devices located within the jurisdictional boundaries of one agency have malfunctioned and a traffic accident is imminent unless control is established immediately, cooperation may be provided. 2. Where an incident occurs on a traffic-way or so near thereto that the potential for traffic accidents appears imminent, cooperation may be provided. C. The cooperative efforts for traffic accidents and/or hazardous traffic conditions outlined above shall be restricted to the necessary and standard traffic control and direction activities and shall not include traffic enforcement. Control of the incident shall be immediately relinquished to the first available officer from the agency having Jurisdictional responsibility. 2 I I V. Boatlna Violations Officers of cooperating agencies may enforce all state boating laws ,and county boating ordinances on the waterways of another cooperating agency; provided that such violations occur on waterways contiguous to and In view of the Jurisdiction of the officer's employing agency. In the case of a felony or a misdemeanor Involving breach of peace, control of the person(s) apprehended and the crime scene will be relinquished to the first available officer from the Jurisdiction In which the Incident occurs. Cases Involving only a minor violation may be concluded at the scene by the Issue of a Boating Citation or Notice to Appear. VI. Terms and Procedures A. A participating agency will answer a request for voluntary cooperation only to the extent that the available personnel and equipment are not required for adequate protection of that agency. The commander of the agency, or his designee, shall have the sole authority to determine the amount of personnel and equipment, If any, available for cooperative assistance. B. A request for voluntary cooperation shall be made by the commander of the agency or his designee. C. Voluntary cooperation can also be initiated by an on-duty officer who views an in-progress crime, traffic accident, or need for traffic control In the other cooperating agency. The supervising authority of that employee shall be notified Immediately to enable that supervisor to authorize and direct actions taken by the employee. D. An officer taking voluntary action should notify the communication liaison person in the assisted agency as soon as possible. The assisted agency shall relieve the assisting officer(s) as soon as possible. E. Whenever the employees of any law enforcement agency are rendering aid outside its jurisdiction and pursuant to the authority contained In, or to any written agreement entered under this part, such employees shall 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. '3 I I F. law enforcement officers or employees responding to a voluntary cooperation request shall be under the direction and authority of the commanding officers of the agency to which they are called. G. All wage and disability payments, pensions, Workers' Compensation claims, and medical expenses shall be paid by the employing agency, unless the requested agency is reimbursed by other authorities, persons or political entities. H. Each agency shall be responsible for bearing its own costs associated with any loss or damage incurred to such Jurisdiction's property, equipment, or resources as a result of the use of such property during a voluntary cooperation situation. I. Each party to this agreement shall bear the costs and liability for its own law enforcement officers, agents and/or employees arising from acts undertaken pursuant to this agreement unless such act was ordered by the officer directing the voluntary cooperation situation and each agrees, to the extent permitted by law, to indemnify and hold the other harmless of and from any claims, lawsuits and/or causes of action arising out of the acts, omissions and conduct of its own officers, agents and/or employees. In the event that an act or acts undertaken pursuant to this agreement is ordered by the officer directing the voluntary cooperation situation, any costs and liability that might arise shall be the responsibility of the agency employing said officer. However, nothing contained herein shall be construed to waive or modify the provisions of F.S. 768.28 as to any party hereto. J. This agreement shall be binding upon the parties from the date of execution by a party hereto and shall continue in full force and effect until terminated as provided herein below. . K. This agreement shall be binding upon the parties from the date of execution and shall continue in full force and effect until January 1, 2005. However, any party hereto may withdraw or cancel such party's participation pursuant to this agreement without liability to any other parties hereto by providing written notice of such withdrawal no less than ten (10) days prior thereto. However, the withdrawal from or cancellation of this agreement shall be effective only as to that party and this agreement shall remain in full force and effect as to those 4 '. I I remaining parties hereto who have provided no written notice or cancellation or withdrawal. L. Each agency that Is a party to this agreement agrees to adopt the polley attached hereto and Incorporated herein by reference, provided, however, that nothing herein shall prevent an agency administrator from adopting an Internal polley which Is more restrictive than this model polley as regards to his or her own personnel. IN WITNESS WHEREOF, the parties hereto cause their signatures to be affixed: REMAINING PAGE BLANK 5 .' .. I I MODEL POLICY .- . DATE OF ISSUE: EFFECTIVE DATE: SUBJECT: MUTUAL AID AGREEMENT FOR VOLUNTARY COOPERATION INDEX AS: MUTUAL AID JURISDICTION VOLUNTARY COOPERATION REPLACES: Replaces Model Policy Dated July 3, 1990 ,~ I. POLICY: Recognizing that an increasing number of criminals are operat- ing in more than one jurisdiction and that no single law en- forcement agency can hope to command sufficient resources to handle all possible emergencies or investigations, the law enforcement agencies of Pinellas County have continued a long history of cooperation by forming a comprehensive agreement for mutual aid and the exercise of police authority across jurisdictional boundaries. , It is important that all members of this department appreciate the spirit of cooperation which is the intent of this mutual aid agreement and strive at all times to embody that spirit in any action taken' under this agreement. II. DEFINITIONS: Cooperatinq Aqencv: A law enforcement agency which is a party to the IIPinellas County Interlocal Mutual Aid Assistance Agreement for Police Services". Exercisinq Police Authority: Is the arrest or detention of a person, the use or threatened use of lawful force, the conducting of a search, the taking or seizing of any property, the issue of a command under color of authori- ty, or other exercise of authority specifically granted to a law enforcement officer. In-Proqress Crime Assistance: When an officer initiates the exercise of police authority after viewing a felony or a misdemeanor involving a breach of peace occurring within the jurisdiction of another cooperating agency. Officer: A sworn law enforcement officer with powers of arrest granted by a cooperating agency. - .' . .. I I Voluntary Investiqation: When an officer investigating' criminal activity which occurred-within the jurisdiction of his/her employing agency, 'follows that investigation into the jurisdiction of another cooperating agency. III. EXTENSION OF JURISDICTION AND LIMITATION OF AUTHORITY. An officer of a cooperating agency may exercise police authority within the jurisdiction of any other cooperat- ing agency as specified herein. A. On-duty exercise of police authority within the jurisdiction of another cooperating agency is limit- ed to the following situations: (1) Response to a mutual aid request .from a cooper- ating agency. (2) In-Progress Crime Assistance undertaken in response to an on-view felony or misdemeanor involving a breach of the peace occurring within the jurisdiction of another cooperating agency. (3) Any action necessary to conduct a Voluntary Investigation of criminal activity originating_ wi thin the jurisdiction of his/her employing agency, including the probable cause arrest for a crime. . (4) While assigned to marine patrol duties, offi- cers may enforce all state boating law~ and county boating ordinances on waterways which are both contiguous to and in view of the jurisdiction of their employing agency. B. Off-duty exercise of police authority within the jurisdiction of another cooperat~ng agency is limit- ed ,to In-Progress 'Crime Assistance undertaken in response to an on-view felony or misdemeanor involv- ing a breach of the peace occurring within the . jurisdiction of another cooperating agency. C. Officers shall not exercise any police authority within the jurisdiction of another cooperating agency in the following circumstances: (1) Local ordinance violations or minor traffic violations, unless acting in response to a specific request for mutual aid assistance. ,( (2) ~ '. I I (2) Any violation arising from a case in which the officer has a personal interest, such as a civil or, domestic dispute, or a crime where the officer may be a victim. (This exclusion does not include cases where the officer is a victim arising from his/her employment, such as Battery Of A Law Enforcement Officer.) (3) When in doubt, officers are encouraged to limit their actions to summoning the agency having normal jurisdiction and offering their services as a witness. IV. PROCEDURE Officers shall adhere to the following procedures when exercising police .authority within the jurisdiction of another cooperating agency: A. Notification (1) Whenever practical, any officer exercising police authority within the jurisdiction of another cooperating agency shall make prior notification to that agency and his/her own agency. Prior notification'is not required b~ officers who expect only to make routine inqui- ries without reasonable anticipation of taking further action. (2) Whenever prior noti f ication is not practical, such notification shall be made as soon as it becomes practical. (3)' The normal point of contact for such notifica- tions is the Communications Center of the agencies in question. The officer making the notification should obtain the name of the person receiving the notification and include it in his/her report. '. (4) In addition to notification made to the normal point of contact, officers are urged to coordi- nate their efforts with special units or offi- cers assigned to similar duties within other agencies. The intent of this additional noti- fication is to avoid problems which may result when the operations of the different agencies may conflict because each is unaware of the other's intentions. (3) -' . . . I I B. Limitatio~s of Action ( 1) Unless acting in rdsponse to a specific re- quest for mutual aid assistance, an officer shall limit follow-up investigations to crimi- nal activity which originated within the juris- diction of his/her employing agency. (2) Exercise of police authori ty in cases of 1n- Progress Crime Assistance shall be limited to those actions necessary to stabilize the situa- tion pending the arrival of officers from the agency in whose jurisdiction the incident occurred. Normally, such actions are those which are reasonably necessary to aid victims, prevent harm to persons and property, prevent the escape of a violator, or prevent the de- struction or loss of evidence of a crime.. Additional actions may then be taken with the agreement of the officers from the agency in ~hose jurisdiction the incident occurred. (3) Unless it is impractical or they are otherwise directed, the officer(s) taking action shall remain at the location where the action oc- curred until the arrival of the officer(s)' from the agency having jurisdiction. ' (4) Officers assigned to marine patrol duties may conclude cases involving only minor boating violations by issuing a Notice to Appear or a Boating Citation at the scene of the violation. C. After Exercising Police Authority Within The Juris- diction of Another Cooperating Agency ( 1) As soon as practical, the details of any ac- tion tak~n shall be reported to the appropri- ate agency administrator or his/her designee in writing via the chain of command. . (2) As soon as practical after the conclusion of any such action, all pertinent information shall be exchanged by the cooperating agencies in question. This will normally include any police reports, affidavits or statements made in connection with the action. (3) If any of the material to be exchanged Is of a confidential nature, the exchange shall be made via the agency administrator or his/her designee. (4 ) ,. . . I I V. EUBLIC STATEMENTS . Prior to making any press release or statement to the media in connection with any mutual aid request or other action covered by this agreement, prior notice shall be made to the agency head or highest ranking officer available at any other cooper- ating agency involved. , (5) , ... 0, , I I In acknowledgment and execution of the PINELLAS COUNTY INTERLOCAL MUTUAL AID ASSISTANCE AGREEMENT FOR POLICE SERVICES, pages one through five Inclusive, as authorized by Resolution No. 99-25, we hereby set our hand and seal. ATTEST: CITY OF CLEARWATER ('r~ E !L (1,-- 'ct-ff CLERK ---- By ~J~ Mayor APPROVED AS TO FORM BY~ W/~ Law Enforcement Agency Head STATE OF FLORIDA COUNTY OF PINELLAS ~ ~ BEFORE ME, this /5 day of I 1999, an officer duly authorized by law to administer oaths an take acknowledgments, personally appeared the above officials of the City of Clearwater, a municipal corporation of Florida, wllo are known by me or who produced as identification, and who acknowledged they executed the foregoing Agreement as the proper officials of the City of Clearwater, and the same Is the act and deed of that City. ~ ' ~~ Signatu Notary PublicITltle My commission expires: Commission No. $''f ~_ CAROLYN L. BR1NK ':t ~ COUMISSION t CC 463040 :c EXPIRES MAY 22, 1999 ~t" ~ 90NDED THRU ~Of ,\.fSf' ATlANTIC BONDING co.. INC. Type, Stamp, Print Name PINELLAS COUNTY INTERLOCAL MUTUAL AID ASSISTANCE FOR POLICE SERVICES -1/99 9