Loading...
HomeMy WebLinkAboutIII (D) Approval and Authorization for Mayor, Police Chief and City Clerk to execute Mutual Aid Agreement with the Orange County Sheriff's Office AGENDA 6-09-97 Item tit D Ocoee Police Department p Robert E. Mark 175 N. Bluford Avenue 'J-cOLncE--t Chief of Police Ocoee, Florida 34761 Phone 656-1313 Fax (407) 656-0218 aF T i. TO: The Honorable Mayor and Board of ate- DATE: Commissioners 'IG' FROM: Robert E. Mark, Chief of Police k DATE: May 21, 1997 SUBJECT: MUTUAL AID AGREEMENT STAFF REPORT ISSUE Should the Honorable Mayor and Board of City Commissioners approve the Ocoee Police Department and Orange County Sheriff' s Office entering into a Combined Voluntary Cooperation Agreement and Requested Operational Assistance Agreement. BACKGROUND The Ocoee Police Department and the Orange County Sheriff' s Office 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 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 . RECOMMIENDATION 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 Orange County Sheriff' s Office. REM/rmh n COMBINED OPERATIONAL ASSISTANCE AND VOLUNTARY COOPERATION 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) Intensive situations including but not limited to emergencies as defined under §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 . WHEREAS, the Sheriff of Orange County, Florida, and the City of Ocoee, Florida, have the authority under 523 . 12 , F. S. , et seq. , the "Florida Mutual Aid Act, " to enter into a mutual aid agreement for law enforcement service which: (1) Provides for rendering of assistance in a law enforcement emergency as defined in §252 . 34 , F.S . ; and (2) Permits voluntary cooperation and assistance of a routine law enforcement nature across jurisdictional lines . NOW, THEREFORE, the parties agree as follows : Section I : Provision for Operational Assistance The subscribing law enforcement agencies hereby approve and enter into this Agreement whereby each agency may request and render law enforcement assistance to the other, including but not 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 . Section II: Provision for Voluntary Cooperation The subscribing law enforcement agencies hereby approve and enter into this Agreement whereby each agency may request and render law enforcement assistance to the other in dealing with any violations of Florida Statutes, including but not limited to investigating homicides, sex offenses, robberies, assaults, burglaries, larcenies, gambling, motor vehicle thefts, drug violations pursuant to Chanter 893 , F . S . , backup services during patrol activities, and inter-acency task forces and/or joint investigations (e .g. , Metropolitan Bureau of Investigation, Orange County Community Traffic Safety Task Force, Special Weapons and Tactics Team, Bomb Disposal Unit) . If an Ocoee police officer is in the unincorporated county, and a felony or misdemeanor likely to immediately endanger person or property occurs in his/her presence or the officer is immediately notified of such an event by a witness, the officer, representing his/her agency, is empowered to take law enforcement action in accordance with the law and this Agreement . If an Ocoee police officer takes such a law enforcement action and, while doing so, another misdemeanor or felony violation of Florida Statutes occurs in his/her presence (e .g. , resisting a law enforcement officer with violence) , the officer, representing his/her agency, is empowered to take law enforcement action in accordance with the law and this Agreement . In both such situations, Ocoee police officers shall notify the Sheriff' s Communications Center before taking any action. However, prior notice is not required if exigencies necessitate immediate action; the officer shall notify the Sheriff' s Communications Center immediately thereafter. The preceding paragraph shall not be construed to authorize the following activities in the unincorporated county: 1) routine patrol ; 2) issuance of non-criminal traffic infractions; 3) service of arrest warrants (i . e . , reading a warrant at the jail) ; 4 ) participation in off-duty details; and 5) acceptance of reduced rent or free apartments offered to law enforcement officers . Any question concerning interpretation of the preceding paragraph shall be referred in writing to the Sheriff or his/her designee, whose decision shall be final . SECTION III: PROCEDURE FOR REQUESTING ASSISTANCE If a party to this Agreement needs assistance as set forth above, it shall notify the agency from whom such assistance is required. The agency head or his/her designee whose assistance is sought shall evaluate the situation and the agency' s available resources, and will respond in a manner he/she deems appropriate. Requests for assistance shall be in writing. Verbal requests are permissible in emergencies or when necessary to expedite operations . However, verbal requests shall be followed by written confirmation as soon as possible . All requests shall specify the following: 1) type of equipment needed; 2) number of personnel required; and 3 ) location where the equipment or personnel will be assigned. Ocoee shall direct its requests for assistance to the Senior Watch Commander for the Orange County Sheriff' s Office or, in his/her absence, the on-duty watch commander for the Sheriff' s Office. 2 SECTION IV: COMMAND AND SUPERVISORY RESPONSIBILITIES The personnel and equipment provided by an assisting agency shall be under the immediate command of a supervising officer designated by the head of the assisting agency or his/her designee . Said supervising officer shall be under the direct supervision and command of the head of the requesting agency or his/her designee . Whenever an employee of any party is rendering aid pursuant to this Agreement, he/she shall abide by, and be subject to, the rules and regulations, personnel policies, general orders, and standard operating procedures of his/her respective agency. If any such rule, 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, general order, or standard operating procedure shall control and shall supersede the direct order. SECTION V: LIABILITY Each party shall be responsible for the acts, omissions, and conduct of its employees that occur while said employees are engaged in providing services pursuant to this Agreement, subject tc the provisions of Florida Statute 768 . 28 where applicable . SECTION VI: POWERS, PRIVILEGES, IMMUNITIES, AND COSTS The parties agree to furnish necessary equipment, resources, facilities, and services to each other as set forth above; provided however, that neither party shall be required to unreasonably deplete its own equipment, resources, facilities, and services in furnishing such mutual aid. Types of available aid include, but are not limited to, manpower, marked and unmarked vehicles, K-9 units, and National , State, and County computer networks . Each party furnishing 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 . The agency furnishing aid pursuant to this Agreement shall compensate its 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 said employees are engaged in rendering such assistance . 3 Pursuant to the provisions of Section 23 . 127 (1) , F .S . , an employee of a subscribing agency, who renders aid outside the agency' s jurisdiction in accordance with this Agreement, shall have the same powers, duties, rights, privileges, and immunities as if performing duties inside the jurisdiction of his or her agency, subject to the limitations expressed in Section II . 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 activities of a subscribing agency' s employees when performing their respective functions within their agencies' jurisdictional limits shall apply to them to the same degree, manner, and extent while engaged in the performance of their duties extraterritorially under the provisions of this Agreement . This provision shall apply with equal effect to paid, volunteer, reserve, and auxiliary law enforcement officers, provided auxiliary officers act under the direct supervision of law enforcement officers from their respective agencies in accordance with law. Nothing herein shall prevent the requesting agency from seeking 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: MISCELLANEOUS TERMS A. Dispatch of Personnel and Equipment Any dispatch of personnel or equipment hereunder for Operational Assistance is subject to the following conditions and terms : _ . The requesting party shall release equipment and personnel provided by the responding party when they are no longer needed or when the responding party determines they are needed within the area for which it normally furnishes police services . 2 . If requested, the employees of a responding party shall assist in transporting and processing prisoners during situations involving mass arrests. If necessary, they shall also assist with operating temporary detention facilities upon request . 3 . The agency requesting assistance shall be responsible for recording radio communications to include, but not be limited to, time enroute, number of units responding, time of arrival, time of completion, and any other pertinent radio communication. 4 4 . Each agency shall complete a detailed report and forward a copy to the other agency. B. Forfeiture Litigation If a subscribing agency seizes any vessel, motor vehicle, aircraft, or other property pursuant to the Florida Contraband Forfeiture Act (Florida Statutes 932 . 701-707) during performance of this Agreement , the agency requesting assistance in the case of Operational Assistance, and the seizing agency in the case of Voluntary Cooperation, shall be responsible for maintaining a forfeiture action. The agency pursuing the forfeiture action shall have the exclusive right to control , and responsibility to maintain, the proceedings and property in accordance with the Florida Contraband Forfeiture Act, including but not limited to complete discretion to bring a lawsuit, dismiss the case, or settle the case . All proceeds from forfeited property seized as a result of or in accordance with this Agreement shall be divided equally between the parties, less the costs associated with the forfeiture action. C. Law Enforcement Action Responsibilities If a law enforcement officer from one party takes law enforcement action in the jurisdiction of the other party pursuant to this Agreement, he/she shall notify the agency having jurisdiction and thereafter take all necessary steps to lawfully complete the enforcement action, to include but not be limited to arresting the suspect, transporting the suspect to the appropriate location for booking, booking, and providing appropriate reports documenting the event and the actions taken. D. Powers Nothing in this Agreement shall be construed as any transfer or contracting away of the powers or functions of one party hereto to the other. E. Damages This Agreement shall in no event confer upon any person, corporation, partnership, or other entity, including the parties hereto, the right to damages or any other form of relief against any party to this Agreement for operations or omissions hereunder. 5 F. Conflicts In the event of a conflict between the provisions of this Agreement and §23 . 12 , F.S . , et seq. , the "Florida Mutual Aid Act, " the provisions of the Florida Mutual Aid Act shall control . G. Amendments This agreement contains the entire understanding between the parties and shall not be modified except in writing. SECTION VIII: EFFECTIVE DATE This Agreement shall take effect on January 7, 1997, and it shall continue in full force and effect until January 6, 2001 . The term of this Agreement may be extended for a period of up to 120 days by written agreement executed prior to January 6 , 2001 by the Sheriff of Orange County and the Ocoee Chief of Police . SECTION IX: CANCELLATION This agreement may be terminated by either party upon delivery of 30 days written notice to the other party. In witness whereof, the parties hereto cause these presents to be signed on the date specified. ORANGE COUNTY SHERIFF' S OFFICE OCOEE POLICE DEPARTMENT Kevin Beery Robert Mark as Sheriff of Orange County as Chief of Police DATE : DATE : APPROVED : ATTEST: CITY OF OCOEE, FLORIDA City Clerk Mayor 6 FOR USE AND RELIANCE ONLY BY APPROVED BY THE OCOEE THE CITY OF OCOEE, FLORIDA, CITY COMMISSION AT A APPROVED AS TO FORM AND LEGALITY MEETING HELD ON this day of , 1997 , 1997 UNDER AGENDA NO. BY: City Attorney 7