MUTUAL AID AGREEMENT - SHERIFF OF PINELLAS COUNTY (2)
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MUTUAL AID AGREEMENT
THIS AGREEMENT is made and entered into this /& day
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of may 19 ~CJ by and between the
CITY OF CLEARWATER, a Florida municipality (hereinafter "MUNICI-
PALITY"), on behalf of its police department, and Everett S.
Rice, SHERIFF OF PINELLAS COUNTY, Florida (hereinafter "SHER-
IFF") .
WIT N E SSE T H:
WHEREAS, Part I, Chapter 23, Florida 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, MUNICIPALITY and SHERIFF desire to secure the
benefits of such mutual aid for their respective jurisdictions;
and
WHEREAS, the MUNICIPALITY and the SHERIFF determine it
in the best interest of the health, safety and welfare of the
citizens of the municipality and the county to enter into an
Operational Assistance Agreement,
NOW, THEREFORE, in consideration of the mutual cove-
nants expressed herein, and for other good and valuable consid-
eration, receipt of which is hereby acknowledged, the parties
agree as follows:
1. MUNICIPALITY and SHERIFF 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.
2. Upon a request for assistance to SHERIFF or his
authorized representative by the Chief of Police of MUNICIPALITY
or his authorized representative, the law enforcement personnel
and equipment of SHERIFF shall be dispatched to the location
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within MUNICIPALITY
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specified in the request.
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MUTUAL AID AGREEMENT
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3. Upon a request for assistance to the Chief of
Police of MUNICIPALITY or his authorized representative by
SHERIFF or his authorized representative, the law enforcement
personnel and equipment of MUNICIPALITY shall be dispatched to
the location within Pinellas County 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 operat-
ing procedure in the jurisdiction in which he is normally
employed.
7. If requested, law enforcement officers rendering
assistance shall assist in the transportation and processing of
prisoners in situations involving mass arrests and, if neces-
sary, 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 or when such personnel and equipment are needed in
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MUTUAL AID AGREEMENT
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the jurisdiction in which they normally furnish police protec-
tion. Should the need arise, the Chief of Police of MUNICIPALI-
TY or SHERIFF, or their authorized representatives, 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 Agree-
ment shall include, but are not limited to, personnel, 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 Inter-City radio frequency 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 responding, times en route, 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 re-
questing assistance within a reasonable time. Additionally,
officers rendering assistance shall prepare such other reports
as the agency requesting assistance may reasonably require.
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
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MUTUAL AID AGREEMENT
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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, omissions 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
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 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 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/employee
relationship or status upon the personnel of either party while
providing assistance to the other party under this Agreement.
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MUTUAL AID AGREEMENT
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16. A party shall not be required to respond to a
request for assistance if, in the opinion of that party, provid-
ing the assistance would interfere with or jeopardize the
police protection and safety of the citizens or property within
the jurisdiction 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. 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
furnishing thirty (30) days written notice of termination to the
other party.
ATTEST:
CITY
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SEAL.
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BY:
R TA GARVEY
Mayor
M. A.Galbraith, Jr.
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Ron H. Rabun, City Manager
B~kL
SI NEY EIN,
Chief of Police
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(WITNESS) (/
SHERIFF OF PINELLAS COUNTY,
FLORIDA ~
By:fi;;d. ~~
E T S.
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SEAL