HomeMy WebLinkAboutOrange County Sheriff's Office - Combined Operational Assistance and Voluntary Cooperation Mutual Aid for Joint Traffic Ops 2019COMBINED
OPERATIONAL ASSISTANCE AND VOLUNTARY COOPERATION
MUTUAL AID AGREEMENT
FOR JOINT TRAFFIC OPERATIONS 2019
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 Winter Springs,
Florida ("City"), 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 agencies hereby approve and enter into this Agreement whereby each agency
may request and render law enforcement assistance to the other for emergency joint traffic
operations (e.g., impromptu visit by government dignitary) and related law enforcement
situations (e.g., person stopped for traffic offense resists and is subject to arrest).
SECTION 11: PROVISIONS FOR VOLUNTARY COOPERATION
The subscribing agencies hereby approve and enter into this Agreement whereby each agency
may request and render voluntary cooperation and assistance of a routine law enforcement
nature across jurisdictional lines for joint traffic operations and related law enforcement
situations (e.g., person stopped for traffic offense resists and is subject to arrest).
SECTION Ill. 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 Winter Springs, Florida via U.S.
Mail shall be addressed to Chief of Police, Winter Springs Police Department, 300 North Moss
Road, Winter Springs, FL 32708. 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. If an officer from one party takes law enforcement action in the jurisdiction of the other
party pursuant to this Agreement, he or she shall notify the agency having jurisdiction and
thereafter 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.
I. City officers are not empowered under this Agreement to take law enforcement action in
Orange County without specifically contacting the OCSO in advance for permission. The
decision of the Sheriff or designee in these matters shall be final. OCSO deputies are not
empowered under this Agreement to take action in City without specifically contacting the City
in advance for permission. The decision of the Chief of Police or designee in these matters
shall be final.
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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.
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.
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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.
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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, 2020. If they so agree
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.
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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 for purposes of law enforcement
related off-duty employment.
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.
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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.
JohnW.,Mrf�
Sheri df Orange County, Florida
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General Counsel
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Kevin P. Brunelle, Chief of Police
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