The URL can be used to link to this page

Home My Public Portal AboutMutal Aid Agmt w/Delray Bch 1992-1993COMBINED MUTUAL AID AGREEMENT THIS COMBINED MUTUAL AID AGREEMENT, hereinafter pp the "Agreement," made and entered into this of day of ®�wuoi�vtcc t� , 1992, by and between the DELRAY BEACH POLICE DEPARTMENT and the GULFSTREAM POLICE DEPARTMENT, pursuant to the provisions of Chapter 23, Part I, Florida Statutes, known as the "Florida Mutual Aid Act," hereinafter the "Act," comprises a "voluntary cooperation agreement" and a "requested operational assistance agreement" as the terms are used in the Act. 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 intensive situations including, but not limited to, emergencies as defined under Section 252.34(2), F.S.; and WHEREAS, it is the intent of this Agreement, considering the existing and continuing possibility of intensive situations and other law enforcement emergencies, 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 WHEREAS, the DELRAY BEACH POLICE DEPARTMENT and the GULFSTREAM POLICE DEPARTMENT have the authority under the Act, to enter into a "requested operational assistance agreement" for rendering of assistance in a law enforcement emergency that crosses jurisdictional lines; NOW, THEREFORE, the parties agree as follows: SECTION I: PROVISIONS FOR VOLUNTARY COOPERATION Pursuant to Section 23.1225, F.S. of the Act, each of the aforesaid law enforcement agencies hereby approves and enters into this Agreement whereby each of the agencies may request and render law enforcement assistance to the other including investigating homicides, sex offenses, robberies, assaults, burglaries, larcenies, gambling, motor vehicle thefts, drug violations pursuant to Chapter 893, F.S., and including backup services during patrol activities, inter -agency task forces and joint investigations. SECTION II: PROVISIONS FOR OPERATIONAL ASSISTANCE Pursuant to Section 23.1225(2), F.S. of the Act, 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 responding to 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 and any emergency which qualifies under F.S. 252.34(2). SECTION III: PROCEDURE FOR REQUESTING ASSISTANCE In the event that either party to this Agreement is in need of assistance as set forth above, the police chief or his designee of the agency requiring assistance shall notify the police chief from whom such assistance is required. The police chief whose assistance is sought shall evaluate the situation and his agency's available resources and shall respond in the manner deemed 2 appropriate. The police chief or his designee'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 police chief. Such supervising officer shall be under the direct supervision and command of the police chief of the agency requesting assistance. SECTION V: INDEMNIFICATION AND LIABILITY To the extent permitted by law, the City of Delray Beach and the Town of Gulfstream shall each be responsible for its own negligence. Nothing herein shall be deemed to waive any immunities granted pursuant to Section 768.28, Florida Statutes. SECTION VI: POWERS, PRIVILEGES, IMMUNITIES AND COSTS a. Employees of the DELRAY BEACH POLICE DEPARTMENT when actually engaging in mutual cooperation and assistance outside of the jurisdictional limits of the City of Delray Beach, but inside this State under the terms of this Agreement shall, pursuant to the provisions of Section 23.127(1), F.S. of the Act, have the same powers, duties, rights, privileges and immunities as if the employee was performing duties inside the employee's political subdivision in which normally employed. The same conditions shall apply to the employees of the GULFSTREAM POLICE DEPARTMENT when they are outside the jurisdictional limits of Gulfstream, Palm Beach County, also. b. Each party agrees to furnish necessary equipment, resources and facilities and to render services to each other party 3 to the Agreement as set forth above; provided however, no party shall be required in the sole discretion of its police chief to deplete unreasonably its own equipment, resources, facilities, and services in furnishing such mutual aid. C. The party 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 party furnishing aid pursuant to this Agreement shall compensate its appointees/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 engaging in rendering such aid. e. 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 that apply to the activity of an employee of an agency when performing the employee's duties within the territorial limits of the employee's agency, shall 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 Agreement. The provisions of this Agreement shall apply with equal effect to paid, volunteer, reserve and auxiliary employees. f. Nothing herein shall prevent the requesting party from requesting supplemental appropriations from the governing authority having budgeting jurisdiction to reimburse the assisting party for any actual costs or expenses incurred by the assisting party performing hereunder. SECTION VII: LIABILITY INSURANCE Each party shall provide satisfactory proof of liability insurance by one or more of the means specified in Section 768.28(14), Florida Statutes, in an amount which is, in the judgment of the governing body of that party, at least adequate to cover the risk to which that party may be exposed, should the insurance coverage, however provided, of any party be cancelled or undergo material change, that party shall notify all parties to this Agreement of such change within ten (10) days of receipt of notice of actual knowledge of such cancellation or change. SECTION VIII: EFFECTIVE DATE a. This Agreement shall take effect upon execution and approval by the hereinafter named officials and shall continue in full force and effect until September 30, 1993 and shall be renewed automatically every year unless terminated prior thereto by either of the parties. b. This Agreement shall be reviewed annually for any necessary changes. SECTION IX: CANCELLATION This Agreement may be cancelled by any party upon delivery of written notice to the other party. SECTION X: AGREEMENTS TO BE FILED This Agreement shall be filed with the Florida Department of Law Enforcement pursuant to Florida Statutes Section 23.1225(4) by 5 the entity that last approves the Agreement. In addition, this Agreement constitutes an interlocal agreement that shall also be filed by the last entity approving the Agreement pursuant to Section 163.01(11), Florida Statutes, with the Clerk of the Circuit Court of Palm Beach County, Florida. IN WITNESS WHEREOF, the parties have executed this Agreement the day and year above first written. Attest: Town Cl6rk Approved as to form and Legal Sufficiency: City Attorney - Delray Beach )�wn Attorn - Gulf Stream gulfstre.agt 2 TOWN OF GULF EBF O D By: / M yor illiam F. Koch, Jr. CITY OF DELR B CH, FLORIDA By: May Thomas Lynch