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95-67RESOLUTION NO. 95- 67 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF CLEARWATER, FLORIDA, AUTHORIZING THE EXECUTION OF THE TAMPA BAY MULTI- AGENCY GANG TASK FORCE MUTUAL AID AGREEMENT; PROVIDING AN EFFECTIVE DATE. WHEREAS, Part Y, Chapter 23 of the Florida Statutes, the "Florida Mutual Aid Act," authorizes law enforcement cooperation and assistance of a routine law enforcement nature across jurisdictional lines by and between such agencies; and WHEREAS, the City of Clearwater is desirous of entering into an agreement that allows voluntary cooperation by and between participating law enforcement agencies within and outside Pinellas County whereby each of the participating agencies may request and render law enforcement assistance to the other to include, but not necessarily limited to, dealing with gang and disruptive group activity, and gang and disruptive group related crime; and WHEREAS, the City of Clearwater has deemed it to be in the best interests of its citizens to enter into the "Tampa Bay Multi - Agency Gang Task Force Mutual Aid Agreement "; now therefore, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The City Commission hereby authorizes the City Manager on behalf of the Clearwater Police Department to execute the "Tampa Bay Multi - Agency Gang Task Force Mutual Aid Agreement," a copy of which is attached hereto as Exhibit A, between the City of Clearwater and the other participating law enforcement agencies within the Tampa Bay area. Section 2. This resolution shall take effect immediately upon adoption. PASSED AND ADOPTED this 17th day of August , 1995. Approved as to form and _/ , �, 24-, - le al sufficiency: Ri a Garvey (� _ Mayor - Commissioner Robert Surette, Esq. Assistan City Attorney Attest.- VCyn:0?iA E. Goude u City Clerk t (�'] WiiEREAS, 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: Continuing, nudti jurisdictional law enforcement problems, so as to protect the public peace and safety, and preserve the lives and property of the people; and, 2. Intensive situations, including, but riot limited to emergencies as defined under Section 252.34, F.S.; and, WHEREAS, it is the intent of this agreement that because of the existing and continuing possibility of intensive situations and other law enforcement emergencies and in order to ensure that the preparation of law enforcement will be adequate to deal with such activity, protect the public peace and safety, and preserve the lives and property of the people; and, EXHIBIT A Mutusl Aid MAGTF 1995 WHEREAS, the following agcncics have the authority under Section 23.12, F.S, et seq., The Florida Mutual Aid Act, to enter into a combined mutual aid agreement for law enforcement service which: Permits voluntary cooperation and assistance of a routine Iaw enforcement nature acrtiss jurisdictional lines; and, 2. Provides for rendering of assistance in a law enforcement emergency including, but not limited to, those defined in section 252.34, F.S. Participating agencies are as follows: Clearwater police Department Florida Department of Law Enforcement Hillsborough County Sheriffs Office Lakeland Police Departmcnt Largo Police Department Pasco County Sherilrs Office Pinellas County Sherifrs Office Pinellas Park Police Department Plant City Police Department Polk County Sheriff St, Petersburg Police Department Tampa Police t ?cp811mcnt. Temple Terrace Police Department University of South Florida Police Department. Upon approval of the steering committee, other agencies may be included in MAGTF activities. Now, therefore, the parties agree as follows: SECTION is PROVISIONS FOR VOLUNTARY COOPERATION Each of the aforesaid Iaw enforcement agencies hereby approve and enter into this abtectnMt whereby each of the agencies may request and render law enforcement assistance to the other to 2 9 '�;`(�% Mutual Aid MAGTF 1995 include, but not necessarily be limited to, dealing with gang and disruptive group activity, and gang and disruptive group related crime. SECTION 11: PROVISIONS FOR OPERATIONAL ASSISTANCE Each of 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 lunitul to civil disturbances, large protest demonstrations, concerts and parades related to gang and disruptive group activity and gang and disruptive group related crime. Each agency shall have a representative on the Multi- Agency Gang Task Force ( MAGTF) steering committee. The steering committee will develop operational policies and procedures. Upon approval of the steering committee other agencies may be included in MAGTF activity. SECTION TIT: PROCEDURE FOR RFQIIF.STING ASSISTANCE: A participating agency can request the activation of the MAGTF by contacting the Chairperson of the steering committee, who will notify the sub committee on activation. The steering committee chairperson will then infiorm the requesting agency of the resources available. The requesting agency will then arrange with each assisting agency representative for the deployment or resources Decisions of the assisting agency head regarding the supply of resources are final. 3 Mutest Aid MAGTF 1"s S1:G°J•JON TV; COMMAND ANV SU1,EKV1SOJtY RESPONSIBILITY The personnel and equipment that are assigned by the assisting agency head shall be under the immediate command of n 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 or her designee of the agency requesting assistance. CONFLICT'S: Whenever an officer, deputy sheriff or other appointee is rendering assistance pursuant to this agreement, the officer, deputy sheriff or appointee shall abide by and be subject to the rules and regulations, personnel policies, general orders and standard operating procedures of his or her own employer. if any such w1c, regulation, personnel policy, general order or standard operating procedure is contradicted, contravened or otherwise in conflict with a direct order of a superior officer of the requesting agency, then such rule, regulation, policy, gcaicral order or procedure shall control and shall supersede the direct order and notification of said conflict should be made to the requesting agency. Arr officer, deputy slleritf or oilier appointee of an assisting agency shall not knowingly violate the requesting agencies rules regulations, policy or operating procedures. HANDLING COMPLAINTS! Whenever there is cause to believe that a complaint has arisen as a result ol'a cooperative effort as it may pertain to this agreement, the agency head or ltis or her designee of the requesting agency shall be responsible for the documentation of said complaint to ascertain at a minimum: 1 The identify of the complAimant An address where tltc complaining party can be contacted. 4 cry -' Mutust hid MACiTF 1995 3. The specific allegation. q, The identity of the employees accused without regard as to agency affiliation. if it is determined that the accused is an employee of an assisting agency, the above information, with all pertinent documentation gathered during the receipt and processing of the complaint, shall be forwarded without delay to the agency head or his or her designee of the assisting agency for administrative review. The requesting agency may conduct a review of the complaint to determine if any factual basis for the complaint exists and I or whether any of the employees of the requesting. agency violated any of their agency's policies and procedures. SECTION V: LIABMITY Each party engaging in any mutual cooperation and assistance, pursuant to this agreement, agrees to assume responsibility for the acts. omissions, or conduct of such party's own employees while engaged in rendering such aid pursuant to this agreement, subject to the provisions of Section 768.28, F.S., where applicable. SECTION VI: POWERS, PRIVILEGES, IMMUNITIES AND COSTS n. Employees of the participating agencies when actually engaging in a mutual cooperation and assistance outside of the jurisdictional limits of their employer but inside this state under the terms, of this agreement, shall, pursuant to the provisions of Section 23.127(l), P.S., have the same powers, duties, rights, privileges and immunities as if the employee was performing cluties inside the cntployc:e'S political subdivision or jurisdictional territory in which normally t {K-, ��? Mutual Aid MACiTF 199$ employed. The cross jurisdictional authority will occur only when the MAGTF is activated by the steering committee and will be applicable only in the jurisdiction of the requesting agency. b. Each party agrees to furnish necessary personnel, 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 personnel, equipment, resources, facilities, and services in furnishing such mutual aid. C. A political subdivision that furnishes equipment pursuant to this agreement must bear the cost of loss or damage to that equipment and must pay any expense incurred in the operation and maintenance of that equipment. d. The agency furnishing aid pursuant to this agreement shall compensate its appointees or employees during the time such aid is rendered and shall defray the actual travel and maintenance expenses of its employees while they are rendering such aid, including any amounts paid or due for compensation due to personal injury or death while such employees are engaged in rendering such aid. C. The privileges and immunities from Lability, exemption from laws, ordinances and rules, and all pension, insurance, relief, disability, workers' compensation, salary, death and other benefits that apply to the activity of an employee of an agency when perforating the employee's duties within the territorial limits of the employee's agency apply to the employee to the same degree, manner, and extent while engaged in the performance of the employee's duties, extraterritorially under the provisions of this Mutual /did Agreement. The provisions of this section shalt apply with equal effect to paid, volunteer, auxiliary, and reserve employees. fi Mutual Aid MAGTF 15►95 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. SECTION VII: INSURANCE Each party, by signing this mutual aid agreement, certifies that they are adequately insured to cover the risk to which that party may be exposed. Should the insurance coverage, however provided, of any party be canceled or undergo material change, that patty shall notify all parties to this agreement of such change within ten (10) days of receipt of notice or actual knowledge o£ such change. SECTION VIII: EFFECTIVE DATE This agreement shall take effect upon execution and approval by the hereinafter named officials and shall continue in full 'force for five years, unless terminated prior thereto by the participating agencies. Any agency may withdraw in writing from the agreement at any time. SECTION %X: (,ANCIELLATION This agreement may be canceled by any pary upon delivery of written notice to the other patty or parties Cancellation will be at the discretion of any subscribing party cR S - (r) Mutual Aid MAGW 1995 SEC,rION X: MOiDIFICATIONS Any changes to this agreement must be agreed upon by all agencies involved in this operation.