MUTUAL AID AGREEMENT - COMBINED OPERATIONAL ASSISTANCE AND VOLUNTARY COOPERATION AGREEMENTMUTUAL AID AGREEMENT,
COMBINED OPERATIONAL ASSISTANCE AND
VOLUNTARY COOPERATION AGREEMENT
WITNESSETH
WHEREAS, the subscribed law enforcement agencies are so located in relation to each other
that it is to the advantage of each to receive and extend mutual aid in the form of law enforcement
services and resources to adequately respond to: (1) intensive situations including, but not limited to,
emergencies as defined under Section 252.34(3), F.S. and (2) continuing, multi jurisdictional law
enforcement problems, so as to protect the public peace and safety, and preserve the lives and
property of the people; and,
WHEREAS, the subscribed law enforcement agencies have the authority under Part 1 of
Chapter 23, Florida Statutes (2013), the Florida Mutual Aid Act, to enter into (1) a requested
operational assistance agreement for the requesting and rendering of assistance in law enforcement
emergencies, and (2) a voluntary cooperation agreement for assistance of a routine law enforcement
nature that crosses jurisdictional lines;
NOW THEREFORE, the parties agree as follows:
SECTION I: PROVISIONS FOR OPERATIONAL ASSISTANCE
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 to
include, but not necessarily be limited to, dealing with civil disturbances, large protest
demonstrations, aircraft disasters, fires, natural or man-made disasters, sporting events, automobile
race events, concerts, parades, escapes from detention facilities, and incidents requiring utilization of
specialized units.
SECTION II: PROVISION FOR VOLUNTARY COOPERATION
In addition, each of the aforesaid law enforcement agencies hereby approve and enter into
this agreement whereby each of the agencies may also request and render law enforcement assistance
to the other in dealing with any violations of Florida Statutes to include, but not necessarily be
limited to, investigating homicides, sex offenses, robberies, assaults, burglaries, larcenies, gambling,
motor vehicle thefts, drug violations pursuant to Chapter 893, F.S., back -up services during patrol
activities, and inter - agency task forces, including but not limited to, traffic enforcement and drug
enforcement task forces, and/or joint investigations.
SECTION III: POLICY AND PROCEDURE FOR REQUESTING ASSISTANCE
In the event that a party to this agreement is in need of assistance as set forth above, an
authorized representative of the agency requiring assistance shall notify the agency head, or his
designee whose assistance is sought, shall evaluate the situation and the agency's available resources,
consult with his/her supervisors, if necessary, and will respond in a manner he /she deems
appropriate. The agency head's decision in this regard shall be final.
SECTION IV: COMMAND AND SUPERVISORY RESPONSIBILITY
The resources or facilities that are assigned by the assisting agency shall be under the
immediate command of a supervising officer designated by the assisting agency head. Such
supervising officer shall be under the direct supervision and command of the agency head, or his
designee in whose jurisdiction assistance is being given. However, no officer rendering assistance
shall be required to perform any act which would violate standard operating procedures or
supervisory guidelines in the jurisdiction in which the officer is normally employed.
SECTION V: POWERS, PRIVILEGES, IMMUNITIES AND COSTS
a. Members of the participating agencies, when actually engaging in mutual cooperation
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and assistance outside of their jurisdictional limits but inside this state, under the terms of this
agreement, shall, pursuant to the provisions of Section 23.127, Florida Statutes, have the same
powers, duties, rights, privileges and immunities as if they were performing their duties inside the
member's political subdivision in which they are normally employed.
b. Each party agrees to furnish necessary equipment, resources and facilities and to
render services to each other party to the agreement as set forth above; provided, however, that no
party shall be required to deplete unreasonably its own equipment, resources, facilities and services
in furnishing such mutual aid. A cooperating agency shall not be required to respond to a request for
assistance if, in the opinion of the cooperating agency, providing the assistance would interfere with
or jeopardize the police protection and safety of the citizens or property within the jurisdiction
normally served by that cooperating agency, or if the requested assistance is otherwise unavailable.
c. The agency that furnishes any equipment pursuant to this agreement shall bear the
cost of loss or damage to such equipment and must pay any expense incurred in the operation and
maintenance of that equipment.
d. The agency furnishing aid pursuant to this section shall compensate its
appointees /employees during the time such aid is rendered and shall defray the actual travel and
maintenance expenses of such employees while they are rendering such aid, including any amounts
paid or due for compensation due to personal injury or death while such employers are engaged in
rendering such aid.
e. All of the privileges and immunities from liability, exemption from laws, ordinances
and rules, and all pension, insurance, relief, disability, workers' compensation, salary, death and other
benefits which apply to the activity of such officers, agents, or employees of any such agency when
performing their respective functions within the territorial limits of their respective public agencies
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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 reserve employees.
f. Nothing herein shall prevent the requesting agency from requesting supplemental
appropriations from the governing authority having budgeting jurisdiction to reimburse the assisting
agency for any actual costs or expenses incurred by the assisting agency performing hereunder when
assistance is requested under Section I: PROVISIONS FOR OPERATIONAL ASSISTANCE.
SECTION VI: INDEMNIFICATION
Each party engaging in any mutual cooperation and assistance, pursuant to this agreement,
agrees with respect to any suit or claim for damages resulting from any and all acts, omissions, or
conduct of such party's own employees occurring while engaging in rendering such aid pursuant to
this agreement, to hold harmless, defend and indemnify the other participating party and its
appointees or employees, and provided such party shall have control of the defense of any suit or
claim to which said duty to indemnify applies. However, nothing contained herein shall be construed
to waive or modify the provisions of F.S. 768.28 or the doctrine of sovereign immunity as to any
party hereto.
SECTION VII: EFFECTIVE DATE
This agreement shall take effect upon execution and approval by the hereinafter -named
officials and shall continue in full force and effect for one year and will renew automatically for one
year terms thereafter until cancelled by delivery of written notice of cancellation from either party to
the other. Under no circumstances may this agreement be amended except in writing executed by
authorized representatives of both parties.
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SECTION VIII: CANCELLATION
This agreement may be cancelled by any party upon delivery of written notice to the other
party or parties. Cancellation will be at the discretion of any subscribing party.
IN WITNESS WHEREOF,the patties hereto cause these presents to be signed on the date
specified.
FOR THE CITY OF TAMPA AND
THE TAMPA POLICE DEPARTMENT
ATTEST:
BOB B CKHOR , Mayor Ci y Cler"
Date Signed: r ` ;2 / APPROVED AS TO FORM:
. C. RA SB GER
JANE AST OR
Assist Vie ex
Chiefs f Police by+ eso1+ tion �.
stet
titocn�Y
FOR THE +CLEARWATER POLICE �CktY � ity p'�ta`�Y
DEPARTMENT AND THE CITY SSlS1�
OF CLEARWATER
ON OL OWAY
Chief of Police
Countersigned:
CITY OF C ARWATER,FLORIDA
By: tr-
GEORGE N. CRETEKOS WILLIAM B. HORNE 11
Mayor City Manager
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APPROVED AS TO FORM: Attest: f it'll
ROBERT J. RETIE ROSEMARIE CALL
Assistant City Attorney City Clerk �� ►
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