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HomeMy WebLinkAboutIII (D) Approval and Authorization to Enter into Mutual Aid Agreement with Law Enforcement Agencies of Various Cities and Towns Agenda 4-16-2002 • • Item III D Ocoee Police Department 175 N. 131urord Avenue • Ocoee, FL 34761 • (407)656-1518 • Fax (407) 656-0218 TO: The Honorable Mayor and Board o y Commissioners FROM : Robert E. Mark, Chief of Police DATE: April 9, 2002 SUBJECT: MUTUAL MD AGREEMENT Staff Report ISSUE Should the Honorable Mayor and Board of City Commissioners approve an Inter-Local Voluntary Cooperation Agreement between the Ocoee Police Department and the Law Enforcement Agencies of the City of Apopka, City of Eatonville, City of Edgcwood, City of Maitland, City of Oakland, City of Orlando, University of Central Florida, City of Windermere, City of Winter Garden and the City of Winter Park. BACKGROUND The Ocoee Police Department and the police agencies listed 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 Inter-Local Voluntary Cooperation Agreement with the Law Enforcement Agencies of the City of Apopka, City of Eatonville, City of Edgewood, City of Maitland, City of Oakland, City of Orlando,University of Central Florida, City of Windermere, City of Winter Garden and the City of Winter Park. MUNICIPAL INTER-LOCAL VOLUNTARY COOPERATION MUTUAL AID AGREEMENT City of Apopka City of Eatonville City of Edgewood City of Maitland • City of Oakland City of Ocoee City of Orlando University of Central Florida City of Windermere City of Winter Garden City of Winter Park 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 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 in intensive situations including but not limited to emergencies as defined under Section 252.34 Florida Statutes; and WHEREAS, the Apopka Police Department, the Eatonville Police Department, the Edgewood Police Department, the Maitland Police Department, the Oakland Police Department, the Ocoee Police Department, the Orlando Police Department, the University of Central Florida Police Department, the Windermere Police Department, the Winter Garden Police Department, and the Winter Park Police Department have the authority under part I of Chapter 23, Florida Statutes, the Florida Mutual Aid Act, to enter into a Voluntary Cooperation Agreement for assistance of a routine law enforcement nature that crosses jurisdictional lines and a Requested Operational Assistance Agreement for the rendering of assistance in connection with a law enforcement emergency. NOW THEREFORE, THE PARTIES AGREE AS FOLLOWS: Section 1. Provisions for Requested Operational Assistance The aforesaid law enforcement agencies hereby approve and enter into this Agreement whereby each of the agencies may request or agree to render law enforcement assistance to the other in law enforcement emergencies to include; but not necessarily be limited to, civil disturbances, large protest demonstrations, aircraft disaster, fires, natural or man-made disasters, sporting events, concerts, parades, escapes from detention facilities, incidents requiring utilization of specialized units, or other emergency as defined in Section 252.34 Florida Statutes. Page of 5 Section II. Provisions for Voluntary Cooperation The aforesaid law enforcement agencies hereby approve and enter into this Agreement whereby each of the agencies may request and render voluntary cooperation and assistance of a routine law enforcement nature across jurisdictional lines. This assistance may address violations of any Florida Statute, including by way of illustration and not limitation, investigating homicides, sex offenses, robberies, assaults, burglaries, larcenies, gambling, motor vehicle thefts, and drug violations, pursuant to Chapter 893, Florida Statutes, back-up services, inter-agency task forces, and/or joint investigations including but not limited to, the City/County/State Traffic Enforcement Unit, Metropolitan Bureau of Investigation, The Special Weapons and Tactics Team, and the Bomb Disposal Unit. Section III. Policy and Procedure A. In the event that a party to this Agreement is in need of assistance as set forth above, it shall notify the agency head or his designee from whom such assistance is required. The agency head or designee whose assistance is sought shall evaluate the situation and the agency's available resources, consult with his/her supervisors if necessary, and will respond in a manner he/she deems appropriate. The agency head's decision in this regard shall be final B. 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 agency head. Such supervising officer shall be under the direct supervision and command of the agency head or his designee of the agency requesting assistance. C. Where investigative priorities arise during a law enforcement operation that may require the crossing of jurisdictional lines, each party agrees that the agency administrator or his designee on duty shall notify the agency administrator of the jurisdiction entered, and request enforcement assistance. The responding agency administrator or his designee shall evaluate the situation, consult with his appropriate supervisor if necessary, and, if required, insure that proper enforcement assistance is rendered. D. 1. Should an officer of a participating agency be in another jurisdiction for matters of a routine nature, or investigative nature, such as traveling through the area on routine business, attending a meeting, or going to or from work, and a criminal violation of Florida Statutes occurs in the presence of said officer, and said violation is a felony or other offense constituting a breach of the peace, the officer shall be empowered to render enforcement assistance and act in accordance with the law and this Agreement. 2. In the event a law enforcement officer of one of the parties to this Agreement has probable cause to arrest an individual for a felony offense in his/her jurisdiction and requests assistance in the location and apprehension of the suspect, and a law enforcement officer of one of the other parties to this Agreement is in the jurisdiction of the party requesting assistance and observes the suspect, the officer, representing his/her party, shall be empowered to render law enforcement assistance and act in accordance with the law and this Agreement. Page 2 of 5 3. Prior to enforcement action being taken in the other agency's jurisdiction, the officer shall notify that jurisdiction's Communications Center of the situation. The only exception would he the situation where immediate action is necessary. In that event, the Communications Center shall be notified immediately thereafter. E. Should additional violations of Florida Statutes occur in the presence of said officer, representing his or her respective agency in furtherance of this Agreement, he/she shall be empowered to render enforcement assistance and act in accordance with the law and this Agreement. Section IV. Powers, Privileges, Immunities,and Costs A. Members of the subscribed law enforcement agencies, when actually engaging in mutual cooperation and assistance outside of the jurisdictional limits of their respective agencies, under the terms of this Agreement, shall, pursuant to the provisions of Section 23.127, Florida Statutes, have the same powers, duties, rights, privileges, and immunities, as if they were performing their duties in the political subdivision in which they are normally employed. B. Each party agrees to furnish necessary 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 he required to deplete unreasonably its own equipment, resources, facilities, and services, in furnishing such mutual aid. C. The agency furnishing aid, pursuant to this Agreement, shall hear the loss or damages to such equipment, and shall pay any expense incurred in the operation and maintenance thereof 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 maintenance expenses of such appointees/employees while they are rendering such aid, including any amounts paid or due for compensation due to personal injury or death while such appointees/employees are engaged in rendering such aid. E. All the privileges and immunities from liability, exemption from laws, ordinances and rules, and all pension, insurance, relief, disability, worker's compensation, salary, death, and other benefits that apply to the activity of such officers, agents or employees of any such agency when performing their respective functions within the territorial limits of their respective public agencies, shall apply them to the same degree, manner, and extent while engaged in the performance of any of their functions and duties extraterritorially under the provisions of this Mutual Aid Agreement. The provisions of this section shall apply with equal effect to full-time paid, part-time, volunteers, and reserve members. Section V. Indemnification Each party engaging in any mutual cooperation and assistance, pursuant to this Agreement, agrees with respect to any suit or claim for damages resulting from any and all acts, omissions, or conduct of such party's own appointees/employees occurring while engaging in rendering such aid, pursuant to this Agreement, to hold harmless, defend, and indemnify the other participating party and his appointees/employees, subject to provisions of Section 768.28, Page 3 of 5 Florida Statutes, where applicable and to the extent permitted by law. Any party having a duty to indemnify and defend under this Agreement shall have control of the defense of any suit or claim arising under said duty. Each party shall he responsible for the acts, omissions, or conducts of its own employees. Section VI. Insurance Provisions Each party shall provide satisfactory proof of liability insurance by one or more of the means specified in Sbction 768.28(14), Florida Statutes, in an amount that 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 canceled or undergo material change, that party shall notify all parties to this Agreement of such change within 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 January 1, 2005, unless terminated prior thereto by any or all the parties herein. Section VIII. Cancellation This agreement may be canceled by any party upon delivery of written notice to the other parties. Cancellation will occur at the direction of any subscribing party. IN WITNESS WHEREOF, THE PARTIES HERETO CAUSE THESE PRESNTS TO BE SIGNED ON THE DATE SPECIFIED: Chief of Police Date: City of Apopka Chief of Police Date: City of Eatonville Chief of Police Date: City of Edgewood Page 4 of 5 Chief of Police Date: City of Maitland Chief of Police Date: City of Oakland ' Chief of Police Date: City of Ocoee Chief of Police Date: City of Orlando Chief of Police Date: University of Central Florida Chief of Police Date: City of Windermere Chief of Police Date: City of Winter Garden Chief of Police Date: City of Winter Park Page 5 of 5 IN WITNESS WHEREOF, the parties hereto cause these presents to be signed on the date specified. APPROVED S. SCOTT VANDERGRIFT, MAYOR CITY OF OCOEE, FLORIDA ATTEST JEAN GRAFTON, CITY CLERK CITY OF OCOEE, FLORIDA (SEAL) FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE, FLORIDA. APPROVED AS TO FORM AND LEGALITY THIS DAY OF 2000. FOLEY & LARDNER BY: City Attorney APPROVED BY THE OCOEE CITY COMMISSION AT A MEETING HELD ON , 2000 UNDER AGENDA ITEM NO.