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MUTUAL AID AGREEMENT - DUNEDIN .. i -l. -,- 1 :1 MUTUAL A I D AGRBEMBNT THIS AGREEMENT is made and entered into this 6th day of August, 1987, by and between the CITY OF CLEARWATER, a Florida municipality on behalf of its police department, and the CITY OF DUNEDIN, a Florida municipality, on behalf of its police depart- ment. WIT N E SSE T H: WHEREAS, Part I, Chapter 23, Flor ida Statutes, the "Florida Mutual Aid Act," authorizes law enforcement agencies to enter into agreements for the rendering of assistance to one another in law enforcement emergencies, and WHEREAS, the CITY OF CLEARWATER and the CITY OF DUNEDIN desire to secure the benefits of such mutual aid for their respective jurisdictions; 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 agree as follows: 1. The CITY OF CLEARWATER and the CITY OF DUNEDIN shall assist each other in law enforcement emergencies by providing personnel and equipment pursuant to the terms of this Agreement. A "law enforcement emergency" is any situation which exceeds the capability of the local agency to counteract effectively. /\ I~."" . f I ,-'I.' . <',.. -'/ \, t '.. ..... . '. ~.",/}..e ;...I.....~4U.t-.. . ...., '.j. /. ()pe",{ (~) ! () J,~ &" ;, o () -/:<, .../ii U2\ I I 2. Upon a request for assistance to the Chief of Police of the CITY OF CLEARWATER or his authorized representative by the Chief of Police of the CITY OF DUNEDIN or his authorized represen- tative, the law enforcement personnel and equipment of the CITY OF CLEARWATER shall be dispatched to the location within the CITY OF DUNEDIN specified in the request. 3. Upon a request for assistance to the Chief of Police of the CITY OF DUNEDIN or his authorized representative by the Chief of Police of the CITY OF CLEARWATER or his authorized representative, the law enforcement personnel and equipment of the CITY OF DUNEDIN shall be dispatched to the location within the CITY OF CLEARWATER specified in the request. 4. A request for assistance made under this Agreement shall specify the number of personnel and type and amount of equipment needed, the location to which the personnel and equipment are to respond, and the official to whom they are to report. Nevertheless, the number of personnel and amount and type of equipment which are actually furnished shall be deter- mined by the party to whom the request is made. 5. A law enforcement officer rendering assistance under this Agreement shall have the same powers, duties, rights, privileges and immunities as if he or she were performing his or her duties in the jurisdiction in which he or she is normally employed; provided, however, such powers are limited to, and are to be exercised by the officer only while responding to a request for assistance under this Agreement. 6. Law enforcement officers rendering assistance under this Agreement shall do so at the direction of, and under the control of, an official designated by the requesting party; provided, however, no officer rendering assistance shall be required to perform any act which would violate standard opera- ting procedure in the jurisdiction in which he is normally employed. -2- I I 7. If requested, law enforcement officers rendering assistance shall assist in the transportation and processing of prisoners in situations involving mass arrests and, if necessary, in the operation of temporary detention facilities. 8. The responding party's personnel and equipment shall be released by the requesting party when assistance is no longer needed in the jurisdiction in which they normally furnish police protection. Should the need arise, the Chief of Police of CITY OF DUNEDIN or the Chief of Police of the CITY OF CLEARWAT~R, or thei r author i zed representat i ves, may, at any time, recall personnel and equipment to the jurisdiction in which they are normally employed. 9. Resources which may be available under this Agreement shall include, but are not limited to, manpower, marked and unmarked vehicles, 4-wheel drive vehicles, police patrol boats, K-9 units, aircraft, and national/state/county/city computer networks. 10. Each party to this Agreement shall be equipped with the local area tactical channel which shall be the primary source of communication between officers rendering assistance and local officials. The party requesting assistance shall record all radio communications which relate to the assistance provided, including, but not limited to, the numbers of the units respond- ing, times enroute, times of arrival, times of completion and all other pertinent radio communications. 11. Law enforcement officers rendering assistance shall complete written reports as if they were performing their duties in the jurisdiction in which they are normally employed. Copies of these reports shall be furnished to the agency requesting assistance within a reasonable time. Additionally, officers rendering assistance shall prepare such other reports as the agency requesting assistance may reasonably require. -3- I I 12. Each party shall assume all of its own operational costs and expenses in providing assistance under this Agreement. No financial charge shall be made by either party for mutual aid assistance provided under this Agreement. Further, all pension, insurance, relief, disability, worker's compensation, salary, death and other benefits which apply to the activities of officers, agents and employees performing duties in the juris- diction in which they are normally employed shall apply to the same manner, degree and extent while such officers, agents and employees ,are rendering assistance under this Agreement. 13. Each party to this Agreement shall bear the liability for its own law enforcement officers, agents and/or employees arising from acts undertaken under this Agreement, and each agrees to indemnify and hold the other harmless of and from any claims, lawsuits and/or causes of action arising out of the acts, omission and/or conduct of its own officers, agents and/or employees. Such indemnification shall include costs, attorney's fees and any sums paid in satisfaction of a claim or judgment. This paragraph shall not be construed as a waiver of any of the defenses or limitations available to either party pursuant to Section 768.28, Florida Statutes (1986 Supp.), as the same may be amended from time to time. 14. Each party shall provide and carry liability insur- ance, worker's compensation insurance and other insurance necessary to assure that each party shall be protected and indemnified from any and all liabilities which may result by reason of activities which are the subject of this Agreement. Liability insurance shall be maintained in an amount not less than $100,000.00 per person and $200,000.00 per occurrence. Each party shall furnish satisfactory proof of insurance to the other party. "Insurance" may be procured either privately or pursuant to an approved self-insurance risk financing program. Should any insurance policy or self-insurance program expire, be cancelled -4- . . . ',- . . I I or undergo material change, the insured party shall, thirty (30) days before such expiration, cancellation, or change, mail notice of the same to the other party. 15. Nothing herein shall be deemed to transfer any legal or equitable ownership of any equipment utilized pursuant to this Agreement from one party to the other. Further, nothing herein shall be deemed to confer any agency or employer jemployee relationship or status upon the personnel of either party while providing assistance to the other party under this Agreement. 16. A party shall not be required to respond to a request for assistance if, in the opinion of that party, providing the assistance would interfere with or jeopardize the police protec- tion and safety of the citizens or property within the juris- diction normally served by that party, or if the requested assistance is otherwise unavailable. 17. Nothing in this Agreement is intended to be, nor shall it be construed to be, a relinquishment or transfer, expressly or by implication, of any of the powers or functions of either party. 18. In no event shall this Agreement confer upon any person, corporation, or entity, whether private or government, the right to damages against the responding party for any acts, omissions or conduct, except as expressly provided in this Agreement. 19. Upon execution of this Agreement, the mutual aid agreement entered into between the parties in 1977 is hereby revoked and replaced by this Agreement. -5- ~' f;, " . -: l' r:' I I 20. This Agreement shall be binding upon the parties from the date of full execution hereof and shall continue in full force and effect until terminated by either party after furnish- ing thirty (30) days written notice of termination to the other party. - " _w - >. ATTEST-: . --.', '- (G}~{K~~--j~J~ By. By: " r J/L SID KLEIN Chief of Police _ .:: ,J~ .... CITY OF DUNEDIN By: ~v8~DL Mayor By: ,,7 () A- y:J cd,WlPlrt/ ~HA~ Director of Public Safety -6-