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Home My Public Portal AboutCombo Op Assist & Vol Coop Municipal-CPDCOMBINED OPERATIONAL ASSISTANCE AND VOLUNTARY COOPERATION MUNICIPAL MUTUAL AID AGREEMENT WITNESS TO WHEREAS, the subscribing 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) Situations including but not limited to emergencies and disasters as defined under Section 252.34, 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 Crestview Police Department, The Fort Walton Beach Police Department, The Niceville Police Department, The Shalimar Police Department and the Valparaiso Police Department have the authority under Section 23.1255, F.S.; et seq; the Florida Municipal Aid Act, to enter into a combined Municipal Aid Agreement for law enforcement service which: (1) Permits voluntary cooperation and assistance of a routine law enforcement nature across jurisdictional lines; and (2) Provides for rendering of assistance in a law enforcement emergency as defined in Section 252.34, F.S. NOW, THEREFORE, the parties agree as follows: Each of the aforesaid law enforcement agencies hereby approve and enter into agreement whereby each of the agencies so represented 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, concerts, parades, escapes from detention facilities and incidents requiring utilization of specialized units, to include; traffic units, SWAT, K-9, drug interdiction, crime scene investigations, or any other unit or division to which the entering agencies agree. SECTION II: PROVISIONS FOR VOLUNTARY COOPERATION 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 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 and drug violations pursuant to Chapter 893, F.S., and in support of backup service during patrol activities, school resource officers on official duty out of their jurisdiction, and inter -agency task forces and/or joint investigations. SECTION III: In the event that a party to this agreement is in need of assistance as set forth above, such party shall notify the agency or agencies from whom such assistance is required. The law enforcement agency head or his authorized designee, whose assistance is sought; shall evaluate the situation and his available resources and will respond in a manner he deems appropriate. The agency head, whose jurisdiction assistance is being rendered, may determine who is authorized to lend assistance in his jurisdiction, for how long such assistance is authorized and for what purpose such authority is granted. This authority may be granted either verbally or in writing as the particular situation dictates. Should a sworn law enforcement officer be in another subscribed agency's jurisdiction for matters of a routine nature, such as traveling through the jurisdiction on routine business, attending a meeting, or transporting a prisoner, and a violation of Florida Statutes occurs in the presence of said party, representing his/her respective agency, he/she shall be empowered to render enforcement assistance and act in accordance with the law. Should enforcement action be taken, said party shall notify the agency having normal jurisdiction and upon the latter's arrival, turn the situation over to them and offer any assistance requested, including but not limited to a follow-up written report documenting the event and the actions taken. This provision so prescribed in this paragraph is intended to grant general authority to conduct investigations, serve warrants and/or subpoenas, and is intended to address critical, life threatening or public safety situations, prevent bodily injury to citizens or secure apprehension of criminals who the law enforcement officer may encounter. The agency head's decisions in these matters shall be final. SECTION IV: COMMAND AND SUPERVISORY RESPONSIBILITY The personnel and equipment that are assigned by the assisting agency head 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 of the department requesting assistance. SECTION V: LIABILITY 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 provision of Section 768.28, F.S., where applicable. SECTION VI: POWERS, PRIVILEGES, IMMUNITIES AND COSTS a. Employees of each participating department, when actually engaging in mutual cooperation and assistance outside of their jurisdiction limits but inside the State of Florida, under the terms of this agreement, shall, pursuant to the provisions of Section 23.127(1), F.S., 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. 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 unreasonable, its own personnel, equipment, resources, facilities and services in furnishing such mutual aid. c. A political subdivision that furnishes equipment pursuant to this party 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 section shall compensate its appointee/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 assistance. e. The privileges and immunities from liability, exemption from laws, ordinances and rules, and all pension, insurance relief, disability, workers compensation, 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, apply to the employee to the same degree, manner and extent while engaged in the performance to the employee's duties extraterritorially under the provisions of this mutual aid agreement. The provisions of this section shall apply with 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. 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 until January 1, 2019. Under no circumstance may this agreement be renewed, amended, or extended except in writing. SECTION VIII: CANCELLATION Any party may cancel their participation in this agreement upon delivery of written notice to the other parties. Cancellation will be at the direction for any subscribing party. In witness whereof, the parties hereto cause these present to be signed on the date specified. (0/1 g/zoi (c, Tony R. Taylor, Chief of Police Date Crestview Police Department < David Cadle, Mayor City of Crestview /1.-/t2 Date 3 - /4, Ed Ryan, C f of Police Date Fort Walton =each Police Department Michael Beedie, City Manager City of Fort Walton Beach /; 1'ed avid Popwell, hief of Police Niceville Pol. Department *e Corbin, City Manager City of Niceville Joseph Hart, Chief of Po e Valparaiso Police De rtment N.k.‘,1"/I r <nit, Date 167-- 026- /‘ Date /( ate /07Z VA 0 Da n B. Arnold, M y of Valparaiso yo G = ry bs, Mayor City • Shalimar • 9 P Oct ool Date cylee?-r 2e/ 6 Date