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HomeMy WebLinkAboutResolution 88-13 RESOLUTION No.~F-/3 A RESOLUTION OF THE CITY OF OCOEE, FLORIDA APPROVING AND AUTHORIZING THE MAYOR AND CHIEF OF POLICE OF THE CITY OF OCOEE TO SIGN A VOLUNTARY COOPERATION AGREEMENT BETWEEN THE CITY OF OCOEE POLICE DEPARTMENT AND THE CITY OF WINTER GARDEN POLICE DEPARTMENT. WHEREAS, the City of Ocoee, Florida, desires to have a voluntary cooperation agreement between the Ocoee Police Department and the Winter Garden Police Department to provide for voluntary cooperation and assistance of a law enforcement nature between the Ocoee Police Department and the Winter Garden Police Department; and WHEREAS, the Ocoee Police Department and the Winter Garden Police Department have authority to enter into a voluntary cooperation agreement under Chapter 23 of the Florida Statutes. NOW, THEREFORE, be it resolved by the Board of City Commissioners of the City of Ocoee, Florida, that: Section 1. The City of Ocoee, Florida, hereby approves and authorizes the Mayor and City Clerk of the City of Ocoee and the Chief of Police of the City of Ocoee to sign the voluntary cooperation agreement between the Ocoee Police Department and the Winter Garden Police Department as set forth on EXHIBIT A attached hereto and incorporated herein by reference, which Agreement provides for voluntary cooperation and assistance of a law enforcement nature between the Ocoee Police Department and the Winter Garden Police Department. ADOPTED this /1 U day of May, 1988. CITY OF OCOEE, FLORIDA ATTEST: By: 21~. e ~ Thomas R. Ison, Mayor ~~ Helen Catron, City Clerk [SEAL] FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE, APPROVED AS TO FORM AND LEGALITY: THIS ~L DAY OF ..3 V",e , 1988 FOLEY & LARDNER, VAN DEN BERG, GA~Y BURKE, WILSON & ARKIN City A~to?}ey By: LJL c;/ ~ AGENDA 10-18-88 ITEM IV C 1 OPERATIONAL ASSISTANCE AGREEMENT WIT N E S S I I WHEREAS, the subscribed law enforcemenr agencies are so located in relation to each other that it is the advantage of enforcement services in intensive ,sit the form of law each to receive and extend Mutual Aid i including emergencies under s. 252.34(2); and WHEREAS, it is the intent of this agreement that because of the existing and continuing possibility of intensive situations and other law enforcement emergencies and in order to ensure that the preparation of law enforcement will be adequate to deal with such activity, protect the public peace and safety, and preserve the lives and property of the people; and WHEREAS, THE WINTER GARDEN POLICE DEPARTMENT and the OCOEE POLICE DEPARTMENT have the authority under Chapter 23.12, F~orida Statutes, the Florida Mutual Aid Act, to enter into a requested operational assistance agreement for the requesting and rendering of assistance in law enforcement intensive situations and emergencies. THEREFORE BE IT KNOWN that 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 tl other in riots, civil disturbance~~(~~/~7 or other law enforcement situation~~:;r under Chapter 252, Florida Statutes. ~ disputes, parades, ~ including ~~~e-~- a disaster Now, therefore the parties agree as follows: SECTION I: In the event that a party to this agreement is in need of assistance as set forth above, they shall notify the provided, however, that no party shall be required to deplete unreasonably its own equipment, resources, facilities, and services in furnishing such mutual aid. SECTION III: The political subdivision which furnishes any equipment pursuant to this agreement shall bear the loss or damage to such equipment and shall pay any expense incurred in the operation and maintenance thereof. The political subdivision furnishing aid pursuant to this part shall compensate its own employees during the time of the rendering of such aid and shall defray the actual travel and maintenance expenses of such 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 unless otherwise provided. Nothing herein shall prevent the requesting agency from requesting supplemental appropriations from the governing authority I having budgetinr jurisdiction to for any actua~ costs or expenses performing ~ereunder. reimburse the assisting agency incurred by the assisting agency SECTION IV: Neither agency shall, under any circumstances, be held liable for any loss or damage arising from acts undertaken by its personnel pursuant to this agreement by reason of its failure to effectively combat or handle any police problem outside its own jurisdiction. All of 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 which 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 to them to the same degree, manner, and extent while Should the coverage of any party be cancelled or undergo material change, that party shall notify all parties to this agreement of such change within ten days of their receipt of notice of such change. SECTION VI: 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 agency head or his designee of the agency requesting assistance. SECTION VII: Whenever the employees of any law enforcement agency are rendering aid outside its jurisdiction and pursuant to the authority contained in, or to any written agreement entered under, this part, such employees shall 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 or appointed. SECTION VIII: This agreement shall be in effect from 18 October 1988 through and including 15 October 1991 Under no circumstances may the agreement be renewed, amended, or extended except in writing. SECTION IX: Any party may withdraw from this agreement upon written notice to all other parties. IN WITNESS WHEREOF, the parties hereto cause these presents to be signed by their duly authorized officfrs on the above I mentioned date. R-88-07 RES 0 L UTI 0 N BE IT ENACTED BY THE CITY OF WINTER GARDEN, FLORIDA: WHEREAS, the City Commission of Winter Garden has in the past participated in an Operational Assistance Agreement with the City of Ocoee; and WHEREAS, the current Operational Assistance Agreement with the City of Ocoee expired on May 21, 1988; and WHEREAS, the City Commissioners have determined that such an the citizens of Winter Garden. agreement is beneficial for the city police department and for I' NOW, THEREFORE, BE IT RESOLVED: That the City of Winter Garden through its City Commission approves and ratifies the Operational Assistance Agreement with the City of Ocoee, a copy of which agreement is attached hereto, and authorizes the police chief and mayor for the City of Winter Garden to execute the agreement on behalf of the City of Winter Garden, Florida. THIS RESOLUTION ADOPTED THE ~O\ ~ day of ~bh.J 1988. . ' .7fJJ~aV Commlssloner , (3"-'(, ~~ Mayor - Commissioner ATTEST: dut-J ~ City Clerk / VOLUNTARY COOPERATION AGREEMENT THIS VOLUNTARY COOPERATION AGREEMENT is made and entered into as of this day of , 1988 by and between the Ocoee Police Department, a law enforcement agency of the City of Ocoee, Florida and the Winter Garden Police Department, a law enforcement agency of the City of Winter Garden, Florida (hereinafter collectively referred to as the "Agencies" and individually as the "Agency"). WIT N E SSE T H WHEREAS, the Agencies are located in different municipalities, the location of which makes it possible for each Agency to receive and render assistance of a law enforcement nature to each other in an effort to better enable each Agency to adequately deal with law enforcement problems and to preserve and protect the public health, safety and welfare; and WHEREAS, the Agencies have authority under Chapter 23 of the Florida Statutes to enter into this Agreement. NOW, THEREFORE, in consideration of the premises and the mutual warranties, covenants and promises contained herein, the parties hereto agree as follows: 1. It is hereby agreed that each Agency shall render law enforcement assistance to the other Agency at such times and in the manner as hereinafter provided. Such assistance shall consist of police services of the type typically performed by the assisting Agency including, but not limited to, assistance involving law enforcement, backup personnel, 2. Requests for assistance pursuant to this Agreement shall be made by the Agency head or designee of the requesting Agency and shall be communicated to the Agency head or designee of the other Agency. The Agency head or designee of the Agency whose assistance is sought, shall evaluate the situation and the Agency's available resources and shall make a determination, within its sole and absolute discretion, as to how much assistance, if any, shall be rendered to the requesting Agency. No Agency shall be required to unreasonably deplete its own equipment, resources, facilities, and services in furnishing aid to the other Agency under this Agreement. 3. The employees, vehicles, equipment, and any other resources that are provided by the assisting Agency shall be under the immediate control of a supervising officer designated by the assisting Agency. Such supervising officer shall be under the direct supervision and control of the Agency head or designee of the Agency requesting assistance. 4. Law enforcement assistance under this Agreement shall be rendered without charge to the requesting Agency. Any Agency furnishing any vehicles or equipment pursuant to this Agreement shall bear any loss or damage to such vehicles or equipment and shall pay any expenses incurred in connection with the operation and maintenance thereof. Employees of the Agency rendering assistance shall not be considered to be employees of the Agency to which they are rendering assistance, but rather shall remain and be considered for all purposes employees of the assisting Agency. Each Agency shall compensate its employees during the rendering of any aid under this Agreement, and shall ensure that all insurance and benefits of whatever nature provided to its employees, shall cover 5. All of 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 which apply to the activity of the officers, agents, or employees of the Agencies when performing their respective functions within the territorial limits of their respective Agencies shall, to the extent permitted by law, apply to 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 Agreement. To the extent permitted by law, the provisions of this section shall apply with equal effect to paid, volunteer, and auxiliary employees. 6. Whenever the employees of the Agencies are rendering aid outside their political subdivision and pursuant to the authority contained in, or to any written agreement entered under, this part, such employees shall 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 or appointed. 7. Each Agency shall bear any liability which may arise from acts undertaken by its employees pursuant to this Agreement. To the extent permitted by law, each Agency hereby agrees to indemnify and hold harmless the other Agency and/or the municipality in which the other Agency is located, from and against any and all losses, claims and actions arising out of actions of the indemnifying Agency's employees taken pursuant to this Agreement, including but not limited to reasonable attorney's fees and costs, whether or not judicial proceedings are involved, and reasonable 8. Each Agency shall, prior to or simultaneously with the execution of this Agreement, provide to the other Agency satisfactory proof of police professional liability insurance including public liability insurance in the minimum amount of $500,000.00. Should the coverage of any Agency be cancelled or materially changed, such Agency shall deliver written notification of such cancellation or change to the other Agency within ten (10) days of receiving notice thereof. 9. If assistance is requested pursuant to this Agreement, the assisting Agency shall have the right to immediately enter the political subdivision of the requesting Agency and assist such Agency as requested. Additionally, each Agency shall have the right to enter the political subdivision of the other Agency in order to investigate or make an arrest for crimes believed to have been committed within its own political subdivision. If less than five (5) police officers enter the political subdivision of the other Agency to investigate or make an arrest for crimes believed to have been committed within their own political subdivision, such Agency need not be advised of the officers' presence. However, if five (5) or more police officers enter the political subdivision of the other Agency for such purposes, then the Agency head or designee of the entering Agency shall use their best efforts to notify the Agency head or designee of the other Agency prior to entering into the political subdivision of such Agency or, if not practicable to do so, as soon as possible thereafter. 10. This Agreement shall become effective upon the date it is last executed by the Mayor of the City of Ocoee or the Mayor of the City of Winter Garden (the "Effective for successive periods of one (1) year from the Anniversary Date and the anniversary date of each year thereafter; provided, however, that either Agency may terminate this Agreement upon ten (10) days written notice to the other Agency. 11. For purposes of Section 10 hereinabove, written notice shall be deemed to have been sufficiently given when personally delivered or deposited in the U.S. Mail in a properly stamped envelope, certified or registered mail, return receipt requested, addressed to the party to whom it is to be given at the address hereinafter set forth: To Ocoee Police Department: Ocoee Police Department 175 N. Bluford Avenue Ocoee, Florida 32761 Attention: Chief of Police To Winter Garden Police Department: Winter Garden Police Department 251 W. Plant Street Winter Garden, FL 32787 Attention: Chief of Police Either party shall have the right to change its address to which notices shall be given by notices similarly sent. 12. If any of the provisions of this Agreement shall be found to be invalid under the laws of any political subdivision, such invalid provision shall be deemed severed from this Agreement and shall not affect the validity of any of the other provisions of this Agreement, which shall be interpreted and enforced in a manner which gives full effect to the intentions of the parties as expressed herein. 13. This Agreement may not be released, discharged, abandoned, changed or amended in any manner except by an instrument in writing signed by or on behalf of each of the parties hereunder. 15. This Agreement shall be governed and construed in accordance with the laws of the State of Florida. IN WITNESS WHEREOF, the parties hereto have set their hands and seals and have caused these presents to be signed by their duly authorized officers on the day and year indicated below. OCOEE POLICE DEPARTMENT WINTER GARDEN POLICE DEPARTMENT By: Jimmie Yawn, Chief of Police Executed on: Executed on: APPROVED: CITY OF OCOEE By: ::J!~ Q dLv-J Thomas R. Ison, Mayor Executed on: b - 0 1- t? APPROVED: CITY OF WINTER GARDEN By: Robert L. Barber, Mayor Executed on: Attestf ~&~ Helen Catron, City Clerk Attest: Hugh O. Grimes, City Clerk [SEAL] [SEAL] FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE, APPROVED AS TO FORM AND LEGALftY: THIS (J.. \ DAY OF ~J U.~e , 1988 FOLEY & LARDNER, van den BERG, GAY, BURKE, WILSON & ARKIN By: ~J ~~ City Attorney