MUTUAL AID AGREEMENT TO ASSIST IN LAW ENFORCEMENT EMERGENCIES
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MUTUAL AID AGREEMENT
THIS AGREEMENT is made and entered into by and between
the CITY OF CLEARWATER, a Florida municipality (hereinafter
"MUNICIPALITY") on behalf of its police department and EVERETT
S. RICE, SHERIFF OF PINELLAS COUNTY, FLORIDA (hereinafter
"SHERIFF") .
WITNESSETH:
WHEREAS, MUNICIPALITY and the SHERIFF desire to secure
the benefits of such mutual aid for their jurisdictions; and
WHEREAS, 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, and
WHEREAS, the MUNICIPALITY and the SHERIFF have the author-
ity, pursuant to the provisions of Part I, Chapter 23, Florida
Statutes, (1997), the Florida Mutual Aid Act, to enter into an
Operational Assistance Agreement whereby each agency may re-
quest and render law enforcement assistance to the other during
emergencies under s. 252.34, Florida Statutes, other law en-
forcement emergencies, including, but not limited to, the
following:
A. Civil affray and disobedience, disturbances, riots,
large protest demonstrations or controversial trials.
B. Any natural or man-made disaster.
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C. Incidents which require rescue operations and crowd
and traffic control measures such as activities related to
large scale evacuations, aircraft and ship disasters, fires,
explosions, gas line leaks, radiological incidents, train
wrecks and derailments, chemical and hazardous waste spills,
and major electrical power failures.
D. Terrorist activities including acts of sabotage.
E. Escapes from and disturbances wi thin any local or
state detention facilities.
F. Hostage and barricaded subject situations.
G. Incidents requiring utilization of specialized units;
e.g., underwater recovery, aircraft, ordnance disposal, crisis
management teams, and emergency response teams.
NOW, THEREFORE, in consideration of the mutual covenants
expressed herein, and for other good and valuable considera-
tion, 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 equip-
ment pursuant to the terms of this Agreement. A "law enforce-
ment 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 MUNICIPALI-
TY or his authorized representative, the law enforcement person-
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ing procedure or supervisory guidelines 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 the jurisdiction in which they normally furnish police
protection. Should the need arise, the Chief of Police of
MUNICIPALITY or SHERIFF, or their authorized representatives
may, at any time, recall personnel and equipment to the juris-
diction in which they are normally employed.
9. Resources which may be available under this Agreement
shall include, but are not limited to, personnel, marked or
unmarked vehicles, 4-wheel drive vehicles, police patrol boats,
K-9 units, aircraft, and national/state/county/city computer
networks.
10. Law enforcement officers rendering assistance shall
complete written reports as if they were performing their
duties in the jurisdiction in which they are normally em-
ployed. Copies of these reports shall be furnished to the
agency requesting assistance wi thin a reasonable time. Addi-
tionally, officers rendering assistance shall prepare such
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other reports as the agency requesting assistance may reason-
ably require.
11. Each party shall assume all of its own operational
costs and expenses in providing assistance under this Agree-
ment. No financial charge shall be made by either party for
mutual aid assistance provided under this Agreement. Further,
all pension, insurance, relief, disability, workers' compensa-
tion, salary, death and other benefits which apply to the
activities of officers, agents and employees performing duties
in the jurisdiction in which they are normally employed shall
apply to the same manner, degree and extent while such offi-
cers, agents and employees are rendering assistance under this
Agreement. Notwithstanding the above, nothing contained herein
is intended to limit either party's right to reimbursement for
eligible costs as permitted by law.
12. Each party to this Agreement, to the extent permitted
by law, shall bear the liability for its own law enforcement
officers, agents and/or employees arising from acts undertaken
under this Agreement, and each agree 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 indemnifica-
tion 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
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available to either party pursuant to Section 768.28, Florida
Statutes, as the same may be amended from time to time.
13. 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.
14. 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
protection and safety of the citizens or property wi thin the
jurisdiction normally served by that party, or if the requested
assistance is otherwise unavailabl~.
15. 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.
16. 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.
17. This Agreement shall be binding upon the parties from
the date of full execution hereof and shall continue in full
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force and effect until January 1, 2005. However, either party may
terminate said Agreement prior to the date stated above by
providing written notice of such termination to the other party
thirty (30) days in advance of such termination.
THE REMAINDER OF THIS PAGE IS BLANK
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OPERATIONAL ASSISTANCE AGREEMENT
City of Clearwater, Florida and Everett S. Rice,
Sheriff of Pinellas County
ATTEST:
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Witness .
Signature Page
CITY OF CLEARWATER, FLORIDA
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Mayor tr Date
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Chief of Police om
as to Content
orney/Designee
PINELLAS COUNTY'~~
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