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HomeMy WebLinkAboutItem 06 Approval for Renewal of the Combined Operational Assistance and Voluntary Cooperation Mutual Aid Agreement ocoee florida AGENDA ITEM COVER SHEET Meeting Date: December 1, 2020 Item # (p Reviewed By: Contact Name: Assistant Chief Plasencia Department Director: Chief Contact Number: 407-554-7223 City Manager: Rob Frank Subject: Approval for Renewal of the Combined Operational Assistance and Voluntary Cooperation Mutual Aid Agreement Background Summary: The City of Ocoee Police Department participates in the Combined Operational Assistance and Voluntary Cooperation Mutual Aid Agreement with the Orange County Sheriff's Office. This agreement is set to expire on December 31, 2020. It is beneficial to the Ocoee Police Department and the Orange County Sheriff's Office to receive and extend mutual aid in the form of law enforcement services and resources to adequately respond to intensive law enforcement situations including, but not limited to, emergencies as defined under Florida Statute 252.34; and continuing, multi-jurisdictional law enforcement problems, so as to protect the public peace and safety, and preserve the lives and property of the people. The Combined Operational Assistance and Voluntary Cooperation Mutual Aid Agreement is in accordance to Section 23.1225, Florida Statutes. Issue: Should the Honorable Mayor and Board of City Commissioners approve the signing of the renewal of the Combined Operational Assistance and Voluntary Cooperation Mutual Aid Agreement? Recommendations Staff respectfully recommends that the Honorable Mayor and Board of City Commissioners approve the renewal of the Combined Operational Assistance and Voluntary Cooperation Mutual Aid Agreement. Attachments: Combined Operational Assistance and Voluntary Cooperation Mutual Aid Agreement Financial Impact: There are no new financial impacts to the City of Ocoee. Type of Item: (please mark with an "x') Public Hearing For Clerk's Dept Use: Ordinance First Reading X Consent Agenda Ordinance Second Reading Public Hearing Resolution Regular Agenda X Commission Approval Discussion& Direction Original Document/Contract Attached for Execution by City Clerk Original Document/Contract Held by Department for Execution Reviewed by City Attorney Logan J. Opsahl N/A Reviewed by Finance Dept. Rebecca Roberts N/A Reviewed by () N/A There are no new finical impacts to the City of Ocoee. 2 COMBINED OPERATIONAL ASSISTANCE AND VOLUNTARY COOPERATION MUTUAL AID AGREEMENT JANUARY 1, 2021 thru DECEMBER 31, 2024 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 law enforcement situations including, but not limited to, emergencies as defined under Florida Statute 252.34; 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 Sheriff of Orange County, Florida ("OCSO"), and the City of Apopka, Florida ("Apopka"), City of Belle Isle, Florida (Belle Isle), Town of Eatonville, Florida (Eatonville), City of Edgewood, Florida (Edgewood), City of Maitland, Florida (Maitland), City of Mount Dora, Florida (Mount Dora),Town of Oakland, Florida (Oakland), City of Ocoee, Florida (Ocoee), City of Orlando, Florida (Orlando), Town of Windermere, Florida (Windermere), City of Winter Garden, Florida (Winter Garden), City of Winter Park, Florida (Winter Park), University of Central Florida (UCF) have the authority under Florida Statute 23.1225, et seq., the "Florida Mutual Aid Act," to enter into a combined mutual aid agreement for law enforcement service which: (1) Provides for rendering of assistance in a law enforcement emergency, as defined in Florida Statute 252.34; 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. PROVISIONS FOR OPERATIONAL ASSISTANCE The subscribing parties hereby approve and enter into this Agreement whereby each of the parties 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, active shooters, terrorism incidents, sporting events, concerts, parades, escapes from detention facilities, and incidents requiring utilization of specialized units. SECTION II: PROVISIONS FOR VOLUNTARY COOPERATION Each of the parties hereby approve and enter into this Agreement whereby each party 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, drug violations pursuant to Chapter 893, F.S., backup services during patrol activities, school resource officers on official duty out of their jurisdiction, and inter-agency task forces and/or joint investigations. SECTION III. PROCEDURE FOR REQUESTING ASSISTANCE A. A party in need of assistance as set forth above shall notify the agency from whom such assistance is required and provide appropriate information (e.g., nature of the law enforcement assistance requested). Requests for assistance may be verbal or written. The Sheriff or Chief of Police whose assistance is sought, or their authorized designee, shall evaluate the situation and their available resources and will respond in a manner they deem appropriate. B. Written requests may be delivered by hand, U.S. Mail, teletype, or e-mail. Written requests directed to the OCSO via U.S. Mail shall be addressed to P.O. Box 1440, Orlando, Florida 32802-1440. Written requests directed to the City of Ocoee, Florida via U.S. Mail shall be addressed to Chief of Police, Ocoee Police Department, 646 Ocoee Commerce Parkway, Ocoee, Florida 34761. Each party is responsible for tracking mutual aid requests made or received in accordance with this Agreement. C. The Sheriff or Chief of Police in whose jurisdiction assistance is being rendered may determine who is authorized to lend assistance in their 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. D. Neither party shall be required to deplete unreasonably its own equipment, resources, facilities, and services in furnishing mutual aid herein. The requesting agency shall release equipment and personnel provided by the responding agency when they are no longer needed or when the responding party determines they are needed within its jurisdiction. E. Upon request by the other party, personnel provided by the responding agency shall assist in transporting and processing prisoners during situations involving mass arrests. Upon request by the other party, they shall also assist with operating temporary detention facilities. F. The requesting agency shall be responsible for recording radio communications, including but not limited to, time en route, number of units responding, time of arrival, time of completion, and any other pertinent radio communication. G. Upon request by the other party, the requesting or responding agency shall complete a detailed report and forward a copy to the other agency. H. In each of the following circumstances constituting a law enforcement emergency, the OCSO shall be deemed to have requested the operational assistance of the other party to apprehend the suspect and to take any other action reasonably necessary to protect persons or property. If law enforcement action is taken, the City police officer shall notify the OCSO as soon as practicable. This provision is not intended to grant general authority to conduct investigations, serve warrants or subpoenas, or attend to matters of a routine nature, but rather is intended to address critical, life threatening, or public safety situations. 1. A City police officer in the unincorporated county witnesses a forcible felony, as defined by Florida Statute 776.08, or other crime of violence against a person. 2 2. A City police officer in the unincorporated county observes a driver engaging in a pattern of conduct that constitutes imminent danger to the motoring public and reasonable suspicion of driving under the influence in violation of Florida law. 3. A City police officer within Orange County observes, or is notified of, an OCSO deputy needing or requesting assistance. 4. A City police officer taking law enforcement action pursuant to Section III(H)(1), III(H)(2), or III(H)(3) witnesses a related crime (e.g., resisting). I. A City police officer who takes law enforcement action outside the City pursuant to this Agreement shall notify the OCSO and take all necessary steps to lawfully complete the enforcement action, including but not limited to, arresting the suspect, transporting the suspect to the appropriate booking location, booking, and providing appropriate reports documenting the event and the actions taken. J. Except as specifically authorized in Section III(H) herein, City police officers are not empowered under this Agreement to take law enforcement action in areas of Orange County that are outside the City limits without specifically contacting the OCSO in advance for permission. The decision of the Sheriff or designee in these matters shall be final. SECTION IV: COMMAND AND SUPERVISORY RESPONSIBILITIES A. 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. Such supervising officer shall be under the direct supervision and command of the Sheriff, Chief of Police, or designee of the agency requesting assistance. B. Conflicts: Whenever a law enforcement officer from one of the parties is rendering aid pursuant to this Agreement, they shall abide by, and be subject to, the rules and regulations, personnel policies, general orders, and standard operating procedures of their employer. 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 supersede the direct order. C. 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 requesting agency shall be responsible for documenting the 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 allegation. 4. The identity of the employees accused without regard to agency affiliation. 3 The requesting agency shall expeditiously provide the responding agency with this information, along with a copy of all applicable documentation. The agency employing the subject of the complaint shall be responsible for conducting an appropriate review. 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 and pursuant to this Agreement, subject to the provisions of Florida Statute 768.28, where applicable. Neither party waives any sovereign immunity protection provided by law. SECTION VI: POWERS, PRIVILEGES, IMMUNITIES, AND COSTS A. Pursuant to the provisions of Florida Statute 23.127(1), an employee of a party who renders aid outside that party's jurisdiction but inside the state in accordance with this Agreement shall have the same powers, duties, rights, privileges, and immunities as if performing duties inside the employee's political subdivision in which normally employed. B. A party that furnishes equipment pursuant to this part 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. C. The parties are responsible for providing compensation and benefits to their respective employees providing services hereunder, including but not limited to salary, overtime, health insurance, disability insurance, life insurance, liability insurance, workers compensation, pension/retirement, vacation time, sick leave, and any amounts due for personal injury or death. Each party shall also defray the actual travel and maintenance expenses of its employees while they are rendering such aid. D. 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 auxiliary employees. E. Nothing herein shall prevent the requesting agency from seeking supplemental appropriations from the governing authority having budgeting jurisdiction, or funds from other available sources, to reimburse the assisting agency for any actual costs or expenses incurred by the assisting agency performing hereunder. SECTION VII: TERM This Agreement shall take effect upon execution and approval by the hereinafter named officials and shall continue in full force and effect through December 31, 2024. If they so agree 4 in writing, the Sheriff and Chief of Police may extend the term of this Agreement for a period of up to 120 days. SECTION VIII: CANCELLATION A party may terminate this Agreement for convenience upon delivery of written notice to the other party. The liability provisions of this Agreement shall survive any such termination. SECTION IX: RELATION TO OTHER AGREEMENTS Nothing herein is intended to abrogate any other agreements, or portions thereof, between the parties. SECTION X: MISCELLANEOUS PROVISIONS A. Policy and Training: Each party shall adopt and enforce written policy that is consistent with this Agreement and applicable law. Each party shall also train its law enforcement officers on extraterritorial jurisdiction, including but not limited to the parameters of mutual aid agreements. 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. For joint operations or task forces, the Sheriff and Chief of Police may agree on which agency will be responsible for maintaining related forfeiture actions. 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. Also, the agency pursuing the forfeiture action may recover its reasonable costs from the proceeds of the case (e.g., filing fee, court reporter fee, attorney time, auction expenses). Proceeds from forfeited property seized as a result of or in accordance with this Agreement shall be divided to reflect the resources committed by each party. The parties shall confer to arrive at an appropriate formula. Similarly, if judgment and/or fees are entered against law enforcement, the parties shall confer to arrive at an appropriate formula. C. Powers: Nothing in this Agreement shall be construed as any transfer or contracting away of the powers or functions of one party to the other. D. Law Enforcement Related Off-Duty Employment: This Agreement does not grant law enforcement powers to City police officers for purposes of law enforcement related off-duty employment. 5 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. F. Conflicts with Florida Mutual Aid Act: In the event of a conflict between the provisions of this Agreement and Florida Statute 23.1225, 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 renewed, amended, or extended except in writing. H. Governing Law and Venue: This Agreement shall be construed in accordance with Florida law. The venue of any litigation arising hereunder shall be Orange County, Florida. In witness whereof, the parties have caused this Agreement to be executed by the undersigned persons as duly authorized. 6 SHERIFF'S OFFICE OF ORANGE COUNTY, FLORIDA John W. Mina as Sheriff of Orange County, Florida Date: FOR USE AND RELIANCE ONLY BY THE SHERIFF OF ORANGE COUNTY, FLORIDA. APPROVED AS TO FORM AND LEGALITY THIS DAY OF 2020. General Counsel 7 OCOEE POLICE DEPARTMENT Charles J. Brown Chief of Police Date: APPROVED: OCOEE, FLORIDA ATTEST: City Clerk Rusty Johnson Mayor APPROVED BY THE CITY COMMISSION OF THE CITY OF OCOEE, FLORIDA, AT A MEETING HELD ON UNDER AGENDA NO. . FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE, FLORIDA. APPROVED AS TO FORM AND LEGALITY THIS DAY OF 2020. City Attorney 8