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MUTUAL AID AGREEMENT FOR LAW ENFORCEMENT SERVICES CITY OF CLEARWATER AND CITY OF LARGO COMBINED VOLUNTARY COOPERATION AND OPERATIONAL ASSISTANCE MUTUAL AID AGREEMENT FOR LAW ENFORCEMENT SERVICES THIS AGREEMENT is made and entered into this 1st day of February, 2003, by and between the City of Clearwater and the City of Largo on behalf of their municipal police departments (hereinafter those municipal police departments shall be referred to individually as a "cooperating agency"). 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, Part I, Chapter 23 of the Florida Statutes, the "Florida Mutual Aid Act," also authorizes law enforcement agencies to enter into operational assistance agreements whereby each of the agencies may request law enforcement assistance from and render law enforcement assistance to the other in a law enforcement emergency; and WHEREAS, the City of Clearwater and the City of Largo 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, aggressive drivers, speeders, and other traffic violators do not respect jurisdictional boundaries; yet municipal law enforcement officers in the City of Clearwater and the City of Largo are powerless to enforce traffic laws or conduct traffic-accident investigations on a street located in view of the jurisdictional boundaries of the officer's employing municipality but in the jurisdiction of the other cooperating agency; and WHEREAS, the City of Clearwater and the City of Largo recognize that there is a need for a continuing multi-jurisdictional response to persons who are involved in traffic accidents on or who are operating vehicles in violation of traffic laws on streets located in view of the jurisdictional boundaries of the officer's employing municipality but in the jurisdiction of the other cooperating agency; and WHEREAS, the City of Clearwater and the City of Largo desire to secure benefits of such mutual aid for their respective jurisdictions; and WHEREAS, the City of Clearwater and the City of Largo determine that it is in the best interest of the health, safety and welfare of their citizens to enter into a Voluntary Cooperation Agreement and Operational Assistance Agreement; NOW, THEREFORE, the parties hereto agree as follows: I. Provisions for Voluntary Cooperation The undersigned law enforcement agencies hereby approve and enter into this Agreement authorizing each of the cooperating agencies to request law enforcement assistance from and to 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, Clearwater/Largo Mutual Aid Agreement Page 2 of 6 robberies, assaults, burglaries, larcenies, gambling, motor vehicle thefts, drug violations pursuant to Chapter 893, Florida Statutes, backup services during patrol activities, and inter- agency task forces and/or joint investigations. II. Provisions for Operational Assistance The undersigned law enforcement agencies hereby approve and enter into this Agreement authorizing each of the cooperating agencies to request law enforcement assistance from and to render law enforcement assistance to the other in a law enforcement emergency, to include dealing with civil disturbances, large protest demonstrations, aircraft disasters, fires, natural or man-made disasters, sporting events, concerts, parades, escapes from detention facilities, and incidents requiring utilization of specialized units. III. In-Progress Crime Assistance A. Whenever a law enforcement officer from one jurisdiction views a felony or a misdemeanor involving a breach of the peace occurring in the jurisdiction of the other cooperating agency, the law enforcement officer may physically arrest the perpetrator and preserve the crime scene. The officer shall immediately notify the cooperating agency of the jurisdiction in which the incident occurred. 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 occurred. The cooperating agency of the jurisdiction in which the incident occurred, however, with the consent of the originating officer's agency may decide to allow the originating officer to retain control of the investigation and complete all procedures, which shall include taking custody of any prisoner, evidence, and contraband article as defined in Section 932.701 (2), Florida Statutes, and completing the appropriate documentation. Regardless of the decision of the cooperating agency, whenever remaining at the scene exposes either the officer or the subject to imminent physical danger, the subject and any physical evidence or contraband article may be transported or otherwise relocated in accordance with normal procedure. B. Any fines and forfeitures shall accrue to the cooperating agency of the officer who first effectuated the arrest and who subsequently retained control of the investigation. IV. Voluntary Investigation 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 the jurisdiction of the other cooperating agency. If enforcement action is anticipated, the location and nature of the investigation will be reported to the on-duty communication liaison person of the jurisdiction where the suspect is located. V. 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 injured or Clearwater/Largo Mutual Aid Agreement Page 3 of 6 prevent further injury, the cooperating agency may be contacted for assistance. The cooperative effort shall be restricted to necessary first aid and traffic direction, except in those situations specified in section VI of this agreement. 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 traffic-way 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, except in those situations specified in section VI of this agreement. Control of the incident shall be immediately relinquished to the first available officer from the agency having jurisdictional responsibility, except in those situations specified in section VI of this agreement. VI. Traffic Investigations A. In addition to having the authority to provide in-progress crime assistance, an on-duty municipal law enforcement officer of the City of Clearwater or the City of Largo while wearing the officer's departmental-issued uniform and operating a marked police vehicle may enforce all state criminal and noncriminal traffic laws and conduct accident investigations of traffic accidents occurring on the streets of the other cooperating agency as long as such violations or accidents occur on streets located in view of the jurisdictional boundaries of the officer's employing municipality. Enforcement shall include making arrests, issuing a Uniform Traffic Citation, arresting the violator for any crimes uncovered during the investigation of the traffic violation or accident, taking custody of any evidence or contraband article as defined in Section 932.701 (2), Florida Statutes, and completing appropriate documentation, including an accident report. B. Anyon-duty municipal law enforcement officer choosing to enforce traffic laws and conduct traffic-accident investigations pursuant to this section shall notify the agency within whose jurisdiction the traffic violation or accident occurred during the traffic stop or as soon as possible thereafter of the law-enforcement actions taken. C. On-duty municipal law enforcement officers enforcing traffic laws and conducting traffic- accident investigations pursuant to this section shall be under the direction and authority of the commanding officers of their own agency. D. Any fines or forfeitures shall accrue to the cooperating agency whose officers choose to exercise the authority contained within this section. E. "Street" means in this section that area defined in Section 316.003(53), Florida Statutes (2001), or amendments thereto. Clearwater/Largo Mutual Aid Agreement Page 4 of 6 F. "Streets located in view of the jurisdictional boundaries of the officer's employing municipality" means in this section a street located outside the jurisdictional boundaries of the officer's employing municipality and within the jurisdiction of the other cooperating agency that is in such close proximity to the jurisdictional boundaries of the officer's employing municipality that if the officer had been located within the jurisdictional boundaries of the officer's employing municipality when the traffic violation or traffic accident occurred, the officer would have been able to observe by the use of ordinary sight the traffic violation or traffic accident occurring on the street during daylight hours and during normal weather conditions. VII. Inter-Agency Joint Task Forces A. Law enforcement officers assigned to joint task force operations pursuant to this Agreement may enforce all state laws while engaged in the joint task force operation and shall take enforcement action in accordance with law, including but not limited to taking custody of any offender, evidence, or contraband article as defined in Section 932.701(2), Florida Statutes, and completing appropriate documentation. B. Law enforcement officers assigned to joint task force operations pursuant to this Agreement shall be under the supervision of those individuals specified in the joint task force operational plan approved by the cooperating agencies. C "Joint Task Force" means in this section those task forces composed of law enforcement officers from the City of Clearwater and the City of Largo that are intended to address major law enforcement problems that cross the jurisdictional lines of each of the cooperating agencies, including but not limited to, the sale and possession of narcotics or traffic enforcement. VIII. Terms and Procedures A. A cooperating agency will answer a specific request for voluntary cooperation or operational assistance 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 the commander's designee, shall have the sole authority to determine the amount of personnel and equipment, if any, available to respond. B. A specific request for voluntary cooperation or operational assistance shall be made by the commander of the agency or the commander's designee. C. Voluntary cooperation can also be initiated, within the limitations as more fully stated above, by an officer who views an in-progress crime, a traffic violation or traffic accident, or a need for traffic control in another cooperating agency. The supervising authority of that officer shall be notified immediately to enable a supervisor from the officer's agency to authorize and direct actions taken by the officer. An officer taking voluntary action should notify the communication liaison person in the assisted agency as soon as possible. Clearwater/Largo Mutual Aid Agreement Page 5 of 6 D. Whenever the employees of any law enforcement agency are rendering aid outside its jurisdiction and pursuant to the authority contained in this Agreement, such employees shall have the same powers, duties, rights, privileges, and immunities as if they were performing their duties in the jurisdiction in which they are normally employed. E. Law enforcement officers or employees responding to a specific request for voluntary cooperation or operational assistance shall be under the direction and authority of the commanding officers of the agency to which they are called; otherwise, the officers shall be under the direction and authority of the commanding officers of their own agency. F. All wage and disability payments, pensions, Workers' Compensation claims, and medical expenses shall be paid by the employing agency, unless the requested agency is reimbursed by other authorities, persons or political entities. G. Each agency shall be responsible for bearing its own 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 or operational assistance situation. H. Each party to this Agreement shall bear all court costs, defense costs, and liability for its own law enforcement officers, agents and/or employees for acts undertaken pursuant to this Agreement unless such act was ordered by the commanding officer of the assisted agency; but if such act was not ordered by the commanding officer of the assisted agency, 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 commanding officer directing the voluntary cooperation or operational assistance situation, any defense or court costs and liability that might arise shall be the responsibility of the agency employing the commanding officer. 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. I. 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 herein below. J. This Agreement shall be binding upon the parties from the date of execution and shall continue in full force and effect until January 1, 2005. However, any party hereto may withdraw or cancel such party's participation pursuant to this Agreement without liability to the other party hereto by providing written notice of such withdrawal no less than ten (10) days prior thereto. K. Each agency that is a party to this Agreement agrees to adopt the policy attached hereto and incorporated herein by reference, provided, however, that nothing herein shall prevent an agency administrator from adopting an internal policy that is more restrictive than this model policy regarding his or her own personnel. Clearwater/Largo Mutual Aid Agreement Page 6 of 6 IX. Conflict This Agreement is intended to provide broader authority to the municipal police officers of the City of Clearwater and the City of Largo than does the "Pinel/as County Interlocal Mutual Aid Assistance For Police Services" to which the City of Clearwater and the City of Largo are also parties. In any conflict between the language of the two Agreements, this Agreement shall prevail. SIGNATURE PAGE In execution of the City of Clearwater and City of Largo Combined Voluntary Cooperation And Operational Assistance Mutual Aid Agreement For Law Enforcement Services, pages one through six, as authorized by Resolution Number 03-05 on January 23, 2003, we hereby set our hand and seal. Countersig ned: ~vr William B. Horne /I ity Manager Garrison C. Brumback I ). . Acting City Manager ;J- I Or Date By:~ \J.j )!~- Sid Kiln Chief of Police &1; /0 .~ Date/ / - Approved as to form: Attest: /""' U_____ SIGNATURE PAGE In execution of the City of Clearwater and City of Largo Combined Voluntary Cooperation and Operational Assistance Mutual Aid Agreement for Law Enforcement Services, pages one through six, as authorized by the Largo City Commission on January 7, 2003, we hereby set our hand and seal. Countersigned: CITY OF LARGO, FLORIDA a4(~ Robert E. Jacks ,Ph.D. Mayor ~~ ~en B nton City Manager ATTEST: ~ -Z2 ......... ~ ~~---- .. Lester Aradi Chief of Police Diane L. B~Jn i j City Clerk I" ..< .! I, .... ~..~ ~ .1 R ...... .J1' "'" ~ORIO~......:" \\\,...."'.... Reviewed and Approved: ~~~C/)y If/} Al,an S. Zimmet .4-rry: ~ City Attorney