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MUTUAL AID AGREEMENT - TARPON SPRINGS .. , FEE ~Z12 '89 11: 28 P.2/5 I I MU'l"UAL Al;D AGRERMBN'r . ~ THIS AGREEMENT is made and entered into this 3rd day of February, 1989, by and between The City of Clearwater, a Florida municipality on behalf of its Police Department, and The City of Tarpon Springs, a Florida municipality on behalf of its Police Department. WIT N E SSE T H: ~--_.._-- WHEREAS, Part I, Chapter 23, Florida Statutes, the lfFlorida Mutual Aid Act," authorizes law enforcement agencies to enter into agreements for the rendering of assistance to one another in law enforcement coordination, planning, operations, and mutual aid, and WHERF.AS, the CITY OF CLEARWATER and the CITY OF TARPON OF TARPON SPRINGS desire to secure the benefits of such mutual aid for their respective jurisdictions; NOW THFnFORE, be it known, that the aforesaid law enforcement agencies hereby approve and enter into this Agreement whereby each of the agencies may request and render law enforcement assistance to the other in the investigation of narcotics violations, vice,. and other criminal activities. NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS: 1. In the event that a party to this Agreement is in need of assistance as set forth above, they shall notify the other agency from which such assistance is required. The agency head J whose assistance is sought: shall evaluate the situation and the available resources, and will respond in an appropriate manner. 2. ;Each party agrees to furnish the necessary equipment, police officers, resources and facilities and to render services I to the other party to the Agreement as set forth above, provided however, that no party shall be required to deplete unreasonably its own equipment, personnel, resources, facilities, and services in furnishing such mutual aid. 3. The party which furnishes any equipment pursuant to this. Agreement. shall bear the loss or damages to that eqUipment 1 ,.... A ,r:"~j4 '....../ \.." J ... ,.....(... (; -/] FE~ 02 '89 11:29 P.3/5 I I and shall pay any expense in its operation and maintenance. The party furnishing aid pursuant to this part shall compensate its employees during the time they render aid to the other party, including any amounts paid or due for compensation due to personal injury or death while its employees are engaged in rendering the requested aid and any amounts due for overtime as a result of the furnished aid. The party furnishing aid shall defray the actual travel and maintenance expenses of its employees while they are rendering aid. 4. Without waiving any of the defenses or limitations available to either party pursuant to Section 768.28, Florida Statutes (1988), as the sarne may be amended from time to time, each party will bear the liability arising from acts undertaken by its personnel pursuant to this Agreement. All of the pr i vileges and immuni ti.es from l.iabili ty , 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 the officers.,. agents or employees of each party when performing their respective functions within the territorial lilnits of their respective cities 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 paid, volunteer, and auxiliary employees. 5. Each party shall provide and carry liabili~y insurance, 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 insu;rance Shall be maintained in an amount not less than $100,000 per person and $200,000 per occurrence. "Insurance" may be procured either privately or pu~suant to an approved self-insurance risk financing program. ShOUld either party become unable or unwilling to secure such self-insurance program, this Agreement 2 FEY 02 '89 11:29 P.4/5 I I shall terminate. 6. The resources or facilities that are assigned by the assisting department shall be under the immediate command of a supervising officer designated by the assisting department. Such supervising officer shall be under the direct supervision and command of the department head of the agency requesting assistance. 7. Law enforcement officers rendering assistance under this Agreement shall have the same powers, duties, rights, privileges, and immunities as if they were performing their duties in the city in which they are normally employed or appointed; provided, however, those powers are to be exercised by the officer only while responding to a request for assistance under this Agreement. 8. Neither party shall 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 pollee protection and safety of the citizens or property within the jurisdiction normally served by that party, or if the requested assistance is otherwise unavailable. 9. Nothing in this Agreement is intended to be, nor shall .it be construed to be, a relinquishment or transfer, expressed or implied, of any of the powers or functions of either party. 10. Nothing herein shall be deemed to transfer any legal or equitable ownership of any equipment.utilized pursuant to this I Agreement from one party to the other. Further, n~hing hereiri shall be deemed to confer any agency or employer/employee relationship or status upon the personnel of either party while providing assistance to the other party under this Agreement. 11. In no event shall this Agreement confer upon any person, corporation, or entity, ~hether private or government, the right to damages against. the responding party for any acts, omissions or conduct, except as expressly provided in this Agreement. 12. This Agreement shall be in effect from February 3, 3 FEE 02 '89 11:30 I I P.5/5 1989, through and including February 3, 1991. Under no cirCUInstances may the Agreement be renewed, amended or extended except in writing. 1.3. Any party may withdraw from this Agreement upon thirty (30) days written notice of termination to the other party. ATTEST: /~ CITY OF CLEARWATER By: ~.t47/- 4 RON RABUN Ci ty Manage.r ~ - ,.,'. Appro~ed_ as "to 'fqrm: '.. - . . Byr----f? J ~~L SID KLEIN Chief of Police - ~'L A. Galbraith City Attorney A'l't.rEsT: CITY' OF TARPON SPRJ:NGS By: t:/J-~ ROBERT BUBLITZ Acting City Manager BY:~ER~~"U~'~ Chief of Police 4 I I ,Nl'\ ,.~~Off:C[ (i;:;rf~MUN~CA ilON .;..TCf 0,' ::,;;;;"t',W~':I.lj:dC. CA1'E 1.... "'", -.------' \" .ft i:o!lJ- ")' \'-l....~~- --..------..-----.. ------..--.----. -.. ."" 0 ' .., I - I> ..",:..1 '.:. (6AJ -'- ---'-- .- --- ---. --_..~-- L' ~()tJl .- \~ A\ ~r~) - "" , - ---P..-.)~t='w-~-~ t\ . ~ .n ~ _ .-,. --,_. -===~:~- ';'U6':-; ~1\"".--d--J~'-~- ';.;.,.,~:r .;11l''V<'-- ~..~ ., ~~~- , ~ \,.j , -:1{) ,J / ( t...~\ 6;.- L :.:.;!; ~ ~J Sea-. .... (1luJ.~ .:.J. I..n. ,y-r. . · If" .Nt.- ~c)jj,lt< _j \ "i""" ~ (. ("''''-''. ;; t" iU" ; C:k' ""to.. -1ItM1- J uX- ~ -\'.4 ~ ;.:..[) ( ~r -: ~t; rr~' ~l~ ~ 1- ,:1 ..'_' .}I .(.f (I L .f.' (r. ,,".. f " .... 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