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HomeMy WebLinkAboutIII(G) Approval And Authorization For Police Department To Enter Into Mutual Aid Agreement With Winter Garden Police Department Agenda 6-06-2000 ,r ;<<. Item III G �,. Ocoee Police Department o �� � t �� 0-s^ ;),-7-•1 175 N. Bluford Avenue • Ocoee,FL 34761 • (407) 656 1518 • Fax(407) 656 0218 TO: The Honorable Mayor and Board of City Commissioners FROM: Robert E. Mark, Chief of Police DATE: May 19, 2000 SUBJECT: MUTUAL AID AGREEMENT Staff Report IS SUE Should the Honorable Mayor and Board of City Commissioners approve the Ocoee Police Department and the Winter Garden Police Department entering into an Combined Voluntary Cooperation Agreement and Requested Operational Assistance Agreement. BACKGROUND The Ocoee Police Department and the Winter Garden Police Department 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 natural or manmade disasters or emergencies and other major law enforcement problems, including those that cross jurisdictional lines,in order to protect the public,peace and safety, and to preserve the lives and property of their citizens. DISCUSSION Municipalities and legal entities have the authority under Florida State Statues 23.12 through 23.127, "Florida Mutual Aid Act' to enter into a mutual aid agreement with each other which permits voluntary cooperation and assistance of routine law enforcement nature across jurisdictional lines and provides for the rendering of assistance in law enforcement emergencies. RECOMMENDATION It is respectfully recommended that the Honorable Mayor and Board of City Commissioners approve the Ocoee Police Department to enter into an extended mutual aid agreement with the Winter Garden Police Department. of1; it �y'y0 k A `.once; ' COMBINED VOLUNTARY COOPERATION AND OPERATIONAL ASSISTANCE MUTUAL AID AGREEMENT WITNESSETH 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) Continuing, multi jurisdictional law enforcement problems, so as to protect the public peace, safety, and preserve the lives and property of the people; and (2) Intensive situations, including, but not limited to, emergencies as defined under Section 252.34, F.S.; and WHEREAS,the Ocoee Police Department and the Winter Garden Police Department have the authority under Section 23.12,F.S.,the Florida Mutual Aid Act,to enter into a combined Mutual Aid Agreement(this "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: SECTION I: 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, DUI violations, larcenies, gambling, motor vehicle thefts, drug violations pursuant to Chapter 893, F.S., theft, traffic infractions,backup services during patrol activities,school resource officers on official duty out of their jurisdiction, school resource officers enforcing laws within 1000 feet of a school, and inter- agency task forces and/or joint investigations. SECTION II: 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 be limited to dealing with civil disturbances, law enforcement emergencies, large protest demonstrations, aircraft disasters, fires, hurricanes; tornadoes, or other weather related crisis, sporting events, concerts, parades, escapes from detention facilities, and incidents requiring utilization of specialized units. SECTION III: 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 requesting assistance shall notify the agency head or his/her designee from whom such assistance is requested. The agency head or authorized agency representative whose assistance is sought shall evaluate the situation and the available resources of the agency whose assistance is sought,consult with his/her supervisors if necessary and will respond in a manner he/she deems appropriate. The agency head in whose jurisdiction assistance is being rendered may determine who is authorized to lend assistance in his/her jurisdiction, for how long such assistance is authorized and for what purpose each 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 going to or from work, 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 law enforcement assistance and act in accordance with the law. Should law enforcement action be taken,said party shall notify the agency within whose jurisdiction the incident is occurring and upon the latter's arrival,transfer control of the incident to the agency within whose jurisdiction the incident occurred or is occurring 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 not intended to grant general authority to conduct investigations, serve warrants and/or subpoenas or to respond without request to emergencies already being addressed by the agency within whose jurisdiction the incident occurred or is occurring, but is intended to address critical, life-threatening or public safety situations, prevent bodily injury to citizens, or secure apprehension of criminals whom the law enforcement officer may encounter. Except as provided in the foregoing paragraph,no officer or appointee shall be empowered under this Agreement to operate in the other agency's jurisdiction without prior approval of the head of the agency or his/her designee within whose jurisdiction the officer or appointee intends to operate. The decision of the head of the agency within which the officer or appointee intends to operate 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/her designee of the agency requesting assistance. CONFLICTS: Whenever an officer is rendering assistance pursuant to this Agreement,the officer, deputy sheriff, or other appointee shall abide by and be subject to the rules and regulations, personnel policies, general orders and standard operating procedures of his/her own employer. If any such rule, regulation, personnel policy, general order of 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, general order procedure shall supersede the direct order. . . HANDLING COMPLAINTS:. Whenever there is cause to believe that a complaint has' arisen as a result of a cooperative effort as it may pertain to this Agreement, the agency head or his/her designee of the requesting agency shall be responsible for the documentation of said complaint to ascertain at a minimum: 1. The identity of the complainant. . 2. An address where the complaining party can be contacted. 3. The specific allegations. 4. The identity of the employees accused without regard as to agency affiliation. If it is determined that the accused is an employee of the 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/her designee of the assisting agency for administrative review. The requesting agency may conduct an investigation of the complaint to determine whether any of the employees of the requesting agency violated any of their agency's policies or procedures. The requesting agency's investigation shall be limited to the investigation of the requesting agency's employees and shall not contain any discussion or conclusions concerning the propriety of the conduct of the assisting agency's employees. SECTION V: LIABILITY,POWERS,PRIVILEGES,IMMUNITIES AND COSTS A. Employees of the aforesaid law enforcement agencies when actually engaging in mutual cooperation 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(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 as set forth above;provided however,that no party shall be required to deplete unreasonably,in the discretion of the assisting agency's head or his/her designee,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/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. However, the requesting agency may compensate the assisting agency during the time of the rendering of such aid and may defray the actual travel and maintenance expenses of such employees while they are rendering such aid, including any amounts paid or due for compensation as a result of personal injury or death while such employees are rendering such aid as pertains to: "Section I:PROVISIONS FOR VOLUNTARY COOPERATION",in the discretion of the requesting agency. 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 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 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. G. 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: PROOF OF LIABILITY INSURANCE Each party shall provide satisfactory proof of liability insurance by one or more of the means specified in Section 768.28(15) (a),F.S., in an amount which is, in the judgement 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 with ten(10) days of receipt of notice or actual knowledge of such change. 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 October 1,2003. Under no circumstances may this Agreement be renewed, amended, or extended except in writing. SECTION VIII: CANCELLATION Any party may cancel its participation in this Agreement ten (10) days after delivery of written notice to the other party. Cancellation will be at the directions of any subscribing party. IN WITNESS WHEREOF, the parties hereto cause these presents to be signed on the date specified. ROBERT E. MARK M. YAWN CHIEF OF POLICE C OF POLICE OCOEE POLICE DEPARTMENT TER GARDEN POLICE DEPARTMENT DATE: DATE: 6 /2-* A (slyer— APPROVED S. SCOTT VANDERGRIFT,MAYOR J K QUESINBERRY, MAY CITY OF OCOEE,FLORIDACITY OF WINTER GARDEN, ORIDA ATTEST 7„/, JEAN GRAFTON, CITY CLERK KATHY NTOYA, CIT LERK CITY OF OCOEE, FLORIDA CITY OF TER GARDEN, FLORIDA (SEAL) (SEAL) FOR USE AND RELIANCE ONLY FOR USE AND RELIANCE ONLY BY BY THE CITY OF OCOEE, THE CITY OF WINTER GARDEN, FLORIDA. APPROVED AS TO FLORIDA. APPROVED AS TO FORM AND LEGALITY THIS FORM AND LEGALITY,, THIS DAY OF , 1 , ry� ` DAY OF ! Y\aA 2000. 2000. FOLEY&LARDNER US L F. B R IN P.A. BY: BY: City Attorney olice Legal Advisor APPROVED BY THE OCOEE CITY APPROVED BY THE CITY OF WINTER COMMISSION AT A MEETING GARDEN COMMISSION AT A MEETING HELD ON , 2000 HELD ON 5— / O ,2000 UNDER AGENDA ITEM NO. UNDER AGENDA ITEM NO.