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HomeMy WebLinkAboutItem III (C) Approval and Authorization for Mayor and City Clerk to Execute Addendum to Voluntary Cooperation and Operational Assistance - Mutual Aid Agreement (Authorizing Ocoee Police Officers to React to Certain Crimes Within Orange County's Jurisdi AGENDA 11-16-93 Item III C Ocoee, o Ocoee f-,• � tment 17- 8 Lam' p 'tV 1 E John H. Boyd Os* O' D ,.,47 1 (407)656-1313 Chief of Police "Service With Honor And Pride" TO: The Honorable Mayor and Boar•\ r City Commissioners FROM: John H. Boyd, Chief of Police DATE: November 10, 1993 SUBJECT: ADDENDUM TO VOLUNTARY COOPERATION AND OPERATIONAL ASSISTANCE - MUTUAL AID AGREEMENT STAFF REPORT ISSUE Should the Honorable Mayor and Board of City Commissioners approve an addendum to the current Mutual Aid Agreement between the Ocoee Police Department and Orange County Sheriff's Office. BACKGROUND Subsection A of the current approved Mutual Aid Agreement with Orange County Sheriff's Office addresses giving authority to Ocoee Police Officers to act while off duty to certain crimes in which I feel is not in the best interest of the City. DISCUSSION Approving this addendum to our current Mutual Aid Agreement with Orange County Sheriff's Office would give authority to Ocoee Police Officers, who are within the County's jurisdiction, to react to certain crimes only while on duty. RECOMMENDATION It is respectfully recommended that the Honorable Mayor and Board of City Commissioners approve this addendum to the current Mutual Aid Agreement with Orange County Sheriff's Office. JHB/rmh V (14291 ADDENDUM TO COMBINED VOLUNTARY COOPERATION AND OPERATIONAL ASSISTANCE MUTUAL AID AGREEMENT WITNESSETH WHEREAS, the Sheriff of Orange County and the City of Ocoee entered into a mutual aid agreement that went into effect on June 10, 1993, and WHEREAS, the subscribing law enforcement agencies wish to amplify the terms of said mutual aid agreement, NOW, THEREFORE, the parties agree as follows: 1. The first paragraph of Section I, "Voluntary Cooperation Agreement", Subsection A, "Authority", shall be amended to read as follows: In the event a law enforcement officer of one of the parties to this agreement is in the jurisdiction of another party hereto, and a felony likely to immediately endanger human life or property occurs in the presence of said law enforcement officer, or a misdemeanor occurs in that officer's presence while he/she is on duty, the officer, representing his/her agency, shall be empowered to render law enforcement assistance and act in accordance with the law and this agreement. 2. All other provisions of the aforementioned mutual aid agreement are hereby reaffirmed and ratified. 3 . This adde • ii shall apply retroactively from the 1101"' effective date •N/' ores, > oned mutual aid agreement. SIGNED: Kevin Beary as Sheriff of Orange County DATE: September 28, 1993 APPROVED: ATTEST: CITY OF OCOEE Jean Grafton, City Clerk S. Scott Vandergrift, Mayor FOR USE AND RELIANCE ONLY BY APPROVED BY THE OCOEE CITY THE CITY OF OCOEE, FLORIDA, COMMISSION AT A MEETING APPROVED AS TO FORM AND HELD ON , 1993 LEGALITY THIS DAY UNDER AGENDA NO. OF , 1993 . FOLEY & LARDNER SIGNED: John Boyd as Chief of Police By: City Attorney DATE: 2 COMBINED t 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 and safety, and preserve the lives and property of the people; and (2) Intensive situations including but not limited to emergencies as defined under §252. 34, F.S. , and, WHEREAS, the Sheriff of Orange County and the, City of Ocoee have the authority under §23 .12, F.S. , et seq. , The Florida Mutual Aid Act, to enter into a mutual aid 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 §252 .34, F.S. , and NOW, THEREFORE, the parties agree as follows: SECTION I: VOLUNTARY COOPERATION AGREEMENT A. Authority In the event a law enforcement officer of one of the parties to this agreement is in the jurisdiction of another party hereto during his/her off-duty hours, and a felony likely to immediately endanger human life or property occurs in the presence of said law enforcement officer, or a misdemeanor occurs in that officer's presence while he/she is on duty, the officer, representing his/her agency, shall be empowered to render law enforcement assistance and act in accordance with the law and this agreement. This provision shall not be construed to authorize routine patrolling by officers of one of the parties to this agreement in the jurisdiction of another party hereto unless specifically requested and authorized to do so by the agency reponsible for law enforcement within said jurisdiction or as provided by Florida Statute. Unless otherwise specifically agreed to by and between the parties, or pursuant to the Orange County Community Traffic Safety Task Force, or as provided by Florida Statute, this provision shall not be construed to authorize officers of one of the parties to this agreement to participate in non-criminal traffic infraction operations in the jurisdiction of another party to this agreement. "Traffic infraction operations" are not to be interpreted as fresh pursuit activities, to-wit: (1) An infraction occurs in one jurisdiction and the officer initiating the traffic stop, being unable to effectuate it in his/her own jurisdiction, stops the applicable vehicle in the jurisdiction of another party to this agreement; (2) An infraction occurs in one jurisdiction and the officer initiating the traffic stop, being unable to effectuate it in his/her own jurisdiction, stops the applicable vehicle in the jurisdiction of another party to this agreement. Additional violations of Florida Statutes perpetrated by the occupants of the car then occur in the presence of the officer who initiated the traffic stop. The officer is authorized to act in an enforcement manner on these additional violations to include, but not be limited to, arresting, charging, processing, transporting, etc. B. Duties Should law enforcement action be taken pursuant to Section I of this agreement, the officer shall notify the agency having jurisdiction and upon the latter's arrival, turn the matter over to them and provide any assistance requested including, but not limited to, a follow-up written report documenting the event and the actions taken. This paragraph shall not apply to traffic enforcement actions set forth in Section I, Paragraphs A(1) and A(2) . SECTION II: REQUESTED OPERATIONAL ASSISTANCE AGREEMENT A. Authority The subscribed agency heads hereby approve and enter into this agreement whereby each of the agencies so represented 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, sporting events, concerts, parades, escapes from detention facilities and incidents requiring utilization of specialized units. B. Requests for Aid In the event that a party hereto is in need of assistance under conditions and circumstances as generally stated in Section II of this agreement, 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 2 appropriate. A responding agency shall not be required to respond to a request for assistance in furnishing equipment or personnel outside its jurisdiction, within the discretion of the responding agency, or its duly authorized representative, if it determines that the response or answering of said request for assistance will unreasonably interfere with or jeopardize the police protection and safety of the citizens and the property within the jurisdiction of the responding agency. C. Dispatch of Personnel and Equipment Any dispatch by any party hereto of said , equipment or personnel pursuant to Section II of this agreement is subject to the following conditions and terms: 1. Any request for aid hereunder shall include the type of equipment and number of personnel requested and shall specify the location to which the equipment or personnel are to be dispatched, but the type of equipment and number of personnel actually furnished shall be determined by the responding agency. Any such request shall be in writing. In the event of an emergency, or when necessary to expedite operations, a verbal request is permissible but shall be followed by a written request as soon as possible. 2 . The responding party's equipment and personnel shall be released by the requesting party when the services of the responding party are no longer needed or when the equipment and personnel of the responding party are needed within the area for which it normally furnishes police services. 3 . Officers, employees or appointees rendering assistance, if requested, shall assist in the transportation and processing of prisoners during situations involving mass arrests and, if necessary, in the operation of temporary detention facilities. 4. The agency requesting assistance shall be responsible for recording radio communications to include, but not be limited to, time en route, number of units responding, time of arrival, time of completion and any other pertinent radio communication. 5. Each agency shall complete a detailed report and forward a copy to the other agency. SECTION III: FORFEITURE PROVISIONS APPLICABLE TO AID RENDERED UNDER SECTIONS I AND II HEREIN A. Litigation In the event an agency seizes any vessel, motor vehicle, aircraft or other property pursuant to the Florida Contraband 3 Forfeiture Act during the performance of this agreement, the agency requesting assistance in the case of Requested Operational Assistance, and the seizing agency in the case of Voluntary Cooperation, shall be responsible for maintaining any forfeiture action pursuant to Chapter 932, F.S. The agency pursuing the forfeiture action shall have the exclusive right to control and the responsibility to maintain the property in accordance with Chapter 932, F.S. , to include, but not be limited to, the complete discretion to bring the action, settle the action or dismiss the action. B. Distribution of Assets 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. SECTION IV. MISCELLANEOUS PROVISIONS APPLICABLE TO AID RENDERED UNDER SECTIONS I AND II HEREIN A. Responsibilities of the Parties Each agency shall be responsible for all of its own costs and expenses of providing mutual aid, equipment and assistance. Each agency shall provide all benefits and coverages to its employees/appointees while such employees/appointees are engaged in the performance of any of their functions and duties extraterritorially under the provisions of this agreement as are provided to their employees/appointees while such employees/appointees are engaged in the performance of their functions and duties in their own jurisdiction. All privileges and immunities from liability; exemption from laws, ordinances and rules; all pension, insurance, relief, disability, worker's compensation, salary, death and other benefits that apply to the activity of such employees/appointees of any such agency when performing their respective functions within the jurisdictional limits of their respective public agencies shall 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 mutual aid agreement. The provisions of this section shall apply with equal effect to paid, volunteer, reserve and auxiliary employees/appointees , so long as said auxiliary employees/appointees are acting under the direct supervision of a sworn law enforcement officer of their agency. B. Rules and Regulations Whenever an officer, employee or appointee of any party is rendering aid pursuant to this agreement and the Florida Mutual Aid Act, the officer, employee or appointee shall abide by and be 4 subject to the rules and regulations, personnel policies, general orders and standard operating procedures of his/her respective agency. C. Equipment All equipment used by the parties hereto in carrying out this agreement will, at the time of any action hereunder, be owned or controlled by the respective agency, and personnel acting for any agency under this agreement will, at the time of such action, be employees/appointees of their employing/appointing agency. D. Privileges, Immunities and Costs The parties hereto, while actually engaging in Voluntary Cooperation and/or Requested Operational Assistance in accordance with the terms of this agreement shall, pursuant to the provisions of §23 . 127 (1) , F.S. , have the same powers, duties, rights, privileges and immunities, subject to the limitations set forth in Section I (A) above, as if they were performing their duties in the jurisdiction in which they are normally employed/appointed. The agency furnishing equipment pursuant to Sections I and II of this agreement shall bear the loss or damage to such equipment and shall pay any expense incurred in the operation and maintenance thereof. The agency furnishing aid pursuant to Sections I and II of this agreement shall compensate its employees/appointees during the time such aid is rendered and shall defray the actual travel and maintenance expenses of such employees/appointees while they are rendering such aid, including any amounts paid or due for compensation due to personal injury or death while such employees/appointees are engaged in rendering such assistance. All the privileges and immunities from liability; exemption from laws, ordinances and rules; all pension, insurance, relief, disability, worker's compensation, salary, death and other benefits that apply to the activity of such employees/appointees of any agency when performing their respective functions within the territorial limits of their respective agency shall apply to them to the same degree, manner and extent while engaged in the performance of law enforcement activities as a result of or in accordance with the provisions of this agreement. Each agency shall bear the liability for its own employees/appointees arising from acts undertaken within the scope of this agreement. 5 E. Resources Each party agrees to furnish the necessary equipment, resources and facilities and to render services to the other party to this agreement as set forth above; provided, however, that no party shall be required to deplete unreasonably its own equipment, resources, facilities, personnel and services in furnishing mutual aid. Types of available mutual aid include, but are not limited to, manpower, marked and unmarked vehicles, K-9 units ,and National, State and County computer networks. F. Supervision of Assisting Personnel The personnel and equipment that are assigned by the assisting agency shall be under the command of a supervising officer designated by the assisting agency head or his/her designee. Such supervising officer shall be under the direct supervision and command of the agency head or his/her designee of the agency providing assistance. Whenever an officer, employee or appointee of any party is rendering aid pursuant to this agreement and the Florida Mutual Aid Act, said officer, employee or appointee shall have the same powers, duties, rights, privileges and immunities as if he/she was lawfully executing his/her duties within the jurisdiction he/she is normally employed or appointed. Such powers are limited to and to be exercised only by an officer, employee or appointee while responding to a specific and direct request as provided herein or as otherwise provided by law. G. Powers Nothing in this agreement is intended to is to be construed as any transfer or contracting away of the powers or functions of one party hereto to the other. H. 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 in accordance with the terms of this agreement. I. Insurance Each party shall provide satisfactory proof of liability insurance by one or more means specified in §768.28 (14) , F.S. , in an amount which 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 cancelled or undergo material change, that Party shall 6 notify the other party to this agreement of such change in writing within ten (10) days of receipt of actual or constructive notice or actual knowledge of such change. J. Effective Date This agreement shall take effect upon execution and approval by the last of the hereinafter named officials and shall continue in full force and effect until January 7, 1997 . Under no circumstances may this agreement be renewed or extended except in writing. K. Termination This agreement may be terminated by any party upon delivery of thirty (30) days written notice to the other party. L. 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. M. Amendments This agreement contains the entire understanding between the parties and shall not be modified except in writing. In witness whereof, the parties hereto cause these presents to be signed on the date specified. 7 Y SIGNED: °`"`�✓` I' Kevinl.Beary as Sheri f of Orange County DATE: 66 /0 f APPROVED: ATTEST: CITY OF OCOEE, FLORIDA S t--1)kfikCit Jea Grafton tY Clerk S. Scott Va rgrift, M, yor FOR USE AND RELIANCE ONLY BY APPROVED BY THE OCOEE CITY THE CITY OF OCOEE, FLORIDA, COMMISSION AT A MEETING APPROVED AS TO FO4 AND LEGALITY HELD ON �'uN& , 1993 this day of .JVr%�' , 1993 UNDER AGENDA NO. c3 FOLEY & NER SIGNED: ‘ill a Jo Boyd BY:By. `�' � v as " dice Chief of O'oee City Attorney DATE: gUUE 1 19 /1 8