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INTERLOCAL MUTUAL AID FOR POLICE SERVICES I I PINELLAS COUNTY INTERLOCAL MUTUAL AID FOR POLICE SERVICES THIS AGREEMENT is made and entered into by and between the undersigned municipalities in pinellas County, Florida, and Everett S. Rice as Sheriff of Pinellas 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: 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 citizens_of the undersigned municipalities and of the citizens of Pinellas 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-Proqress 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 scene. Control of both the persons apprehended and the crime scene will be 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 :J V/' ~~ y.._..-o.. . .(. -~ - " I ,,- r \.....' c ,I .: (/ /1 -. " .', I I 2 physical evidence may be transported or otherwise relocated in accordance with normal procedure. III. VoluntarY Investiaations On-duty officers from one jurisdiction may conduct investigations into criminal activity that occurs in their jurisdiction and make arrests related to those investigations 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 inj ured 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 trafficway 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. V. Boating 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 a breach of peace, control of the person(s) apprehended and the crime scene will be relinquished to I I 3 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 communications 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. 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 requesting agency is reimbursed by other authorities, persons or political entities. H. Each agency shall be responsible for bearing its own I I 4 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 hereinbelow. K. Any party hereto may withdraw or cancel such party's participation pursuant to this agreement wi thout 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 remaining parties hereto who have provided no written notice of cancellation or withdrawal. L. Each agency that is a party to this agreement agrees to adopt the attached policy, provided, however, that nothing herein shall prevent an agency administrator from adopting an internal policy which is more restrictive than this model policy, as regards his or her own personnel. I I In acknowledgement and execution of the PINELLAS COUNTY INTERLQCAL MUTUAL AID ASSISTANCE AGREEMENT FOR POLICE SERVICES pages one through four i elusive, as authorized by Resolution #90-22 on June 7, 1990, we hereby set our hand and s:::.~ ~ Mayor (Corporate Seal) By: ~1. -;7f- -tlJ.~ City Manager By: "DlR~ Law ~nforcement Agency Head ATTEST: (\ O~~' J4.,;...- -."'.....i.......~. JO. ".. Ci ty Cler~ ___ :..- - - _. Approved as o~f~ - . -- / ./. ~ _. ~ .- STATE OF FLORIDA COUNTY OF PINELLAS BEFORE ME, an officer duly authorized by law to administer oaths and take acknowledgements, personally appeared the above officials of the City of Clearwater, a municipal corporation of Florida, 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. IN WITNESS OF THE FOREGOING, I have set my hand and official seal in Pinellas County, Florida on June 7, 1990. (Seal) " - "",I \....:/". /. /~ /kA(;~r<-~v;j.0~-;;L~ =tar: Pl!t>lM' - .-: My Co ission.:::Expir:es :? -- lIo~my 'Il~~f~~~'!r:r~;~ My Commlssio::l Eli:1..~, J:;1y Z~; 19ft " Iondod ThN Troy Fai{!' lI1'IlIQ/ICO InCo .