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HomeMy WebLinkAboutOrange County Sheriffs Office - Combined Operational Assistance and Voluntary Cooperation Mutual Aid Agreement for Joint Traffic Operations January 1, 2021 thru December 31, 2024 - 2021 01 07 COMBINED OPERATIONAL ASSISTANCE AND VOLUNTARY COOPERATION MUTUAL AID AGREEMENT FOR JOINT TRAFFIC OPERATIONS 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, multkjurisdictional 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 and agreement for law enforcement service which: (1) Provides for rendering of assistance in a law enforcement emergency, as defined in Florida Statute 25,2.34-, 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 II: 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 III. PROCEDURE FOR REQUESTING ASSISTANCE X 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 Polk* i is sought, or their ized desigrwe, shalli i, r and it available resources and vvill respond in a m,anner they deem appropriate. B. Writtendelivered hand, ° ° i$ , r e-mail. Written directedrequests t i U.S. it ii t P.O. , Orlando, ftride - ° directed to the Cky of WinterSprings, Florida viaU.S. Mail h ii be addressed to ChiefPolice, r Springs Policeh Moss Winter rare n FL 32708. Each party is responsibler tracking mutual old requests made r recalved in accordance with thisrr t C. The Sheriff or Chief of Police_ In whose jurisdiction assistanceis beingrider deteffnine, to i' In itrig n, r h long such n� i t ughauthority granted. This h grantedbe r it or in particular situation dictates. D. r party shall be requiredto depleteequipment, resources, iiiti , aind serVms in furnishing toal aid herein. stir shah release equipment and personnel provided by the responding agency when they are no longer needed r when the respondingis r °thin b jurisdiction. nassist iUpion ntransporting t the r nnel r i rr ire shall i risoners dudngi involving mass arr request by the other party, they shall also assist with lilies. F. The requesting cshall be respon9ble for recording radlo communications, including t limited , time en routs, number of units responding, fime of arrival, Ume, of loornplefion, and any other pertinent radiication. G. Upon request by the other party, ft mqiLwfingr responding agency shall complete tailedr to the (Aher agency., ° If an officer from one i r t &ori in jurisdiction of the r pursuantparty t is t, h r shall n ovin i rand thereafter take all necessary t to lawUly loompleter t acdon, i is t not limited to, arresting the suspect, tmnsporting th,e suspect to the appropriate booking location, i , and prWidingr° t and the ria ire. i. Cfty officersnot empowered under,this Agreement to take law enforcement action in Orange County without specifically contacUng the OCSO in advance, for panni lon. 'The decision of the ShertlY or designee in rnaftm shall be final. deputies are not empowered under this Agreemnt to take a&Jon in City whhoutii i In _ r permission. The decision ofthe Chief of Policeor designee in these rnafters shall be final. SECTION IV: COMMA14D A. The resources or facilities that are assignedshal be under the Immediate command of a supervising r a assisfing agency., h supervisingr sh,aill be under the directsupervision Sheriff, Chief Police, r desigroe of the agency requesting,assistance. B. Conflicts: Whenever a law enforcement officer from one of the parties Is ri i pursuant to thist, they shall abide by, and be subject t , the rules and regulations, personnel li i i orders, and standard operaft procedures of it employer. if any such nile, regulation, I policy, general order, or standard operating procedure contradicted, contravened, or oftrwise in conflicti the requesting agerg , then such le, reguladon, policy, general order, or standard operating procedure li control and supersede the directr. C. Handling i i ; Whenever there is cause to believecomplaint has arlmn as a result of' a cooperative effort as it may pertaint, ft requesting shall be responsibler documeMng the winplaint to ascertaint a minimurn: n The Iderdity of the complainanL addressZ An rcomplaining 3. The ii , . employees4. The Ideritity of the t regard to agency effillaflon. The requesting agency shall expeditiously provi�dei i information, alongii applicable docurnentsUon. The agen,cy employing the f the complaint t li be msponsibler conducting an appropriatereview. SECTION q LIABILITY Each party engagin,g in any mutual 000pembon aind assistancst to hsAgreement agrees to assume responsibiliftyr the acts, omissions, or conduct of such pWs own ploy ii , engaged in rendering suchi t, subject to the pravWans of Rodda768.28, whom applicable. Neither party waives, sovereign immunity t ori provided by law. SECTION Vi: "'RS, PRMLEGES,,IMMILINMES, A. Pursuant to the provisionsf Florida Statute23,127(l), an employee of a party who renders aid outside that partys Juirisdiefion but Inside the state in accordance Wthi Agreement shall have the some powyers, duties, rights, privileges, and immunifies as if pedbrming duties inside the employeW polifical subdivision in whichi B. A party thatfumishes 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: n maintenance of tt equipment. C. The pardes are responsibler providing compensaflon and beneffis to their respective employees providing sei r, Including but t li_ U salary, overfte, health insurance, disabifity insurance, life insuranoe, Rability Insurance, workers compensation, pension/refirement, vacation fime, sick leave, and any amounts due 1br 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; exempgon from I ordinanoes, and rules; and all pension, insurance, relief, disability, workers' compensation, salary, death, and other benefits that, apply, to the acdvky of an emipiloyee of an agency when perlonning the employee's dudes within the tenitodal iits of the employee's agency apply to the employee to the same degree, manner, and extent while engaged in the performanoe of the employm's duties extraterritodally under the provisions of this m,utual aid agreement The provisions, of this section shall apply wfth equal effect to pold, volu'nteer, and auxiliary employees. E. Nothing herein shall prevent the requesfing agency ftm seeking supplemental appmpriations fmm the goveming authority having budgeting Jurisdiction, or funds fmm other available sources, to reimburse the assisting agency for any actual costs or expenses incurred by;the assisting agency performing hereunder. SECTION Vll: TERM This Agreement shall take effect upon execution and approval by the hereinafter named officials and shall tinue In fuill force and eftct through December 31, 2024, if they so agme In, writing, the Shedff and Chief of Polloe may extend the term of this Agreement for a period of up to 120 days. SECTION Vill: CANCELLATION A party may terminate this Agreement r convenience upon lWry of written notioe to the ,other party. The 11abildy pm0sions of this Agmement shall survive any suchtarmination. SECTION IX.- RELATION TO OTHER AGREEMEN"Irs Nothing herein is intended to abrogate any ottw agreements, or portions therecA, between the parties. SECTION X-6 MISCELLANEOUS PROVISIONS A. Policy and TmIning Each party shalladopt and enforce written policy that is oonsistent with this Agreement and applicable law. Each p,aft shall also train Ke law eftmeffont officm on Wraterrbdal Judediction, including but not limited to the parameters of mutual aid agreements. B. Forfefture Lidgation If a subscribing apncy sislizes anl, motor hid , aircraft, or otherproperty pursuant to the Florida Contraband Forfeiture Act, (Florids Statutes 932.701-707) during performance of this Agreement, the agency irequesdng assistance in the case of nal Assistance, and the seizing agency In the case of Voluntary Cooperation, shall be responsible for inakdaining a 4 forfelture action,. For joint operations or task ibrees, the Shedff and Chl ef of Pofice may agree on which agency YAII be responsible for maintairting related forfelture actions. he agency pursuing the forfeiture acfion shall have the exciusive dght to control, and responsibility to maintain, the proceedings and property In! accordance with the! Florida Contraband Forfeiture A4 including but not limited to oomplete discredon to bring a lawsuit, dismiss the case, or settle the case. Also, the agency pursuhq the forfelture action may recover Its reasonable costs fmfn dw proceWs, of the case (e.g., ng fee, reporterfee, aftomey time, auction expenws). Proceeds from forfefted property seized as a resuft of or in accordance with this Agreement shall be divided to reflect 9* resounm committed by each party. The parties shall confer to anive at an appmpriate formula. SWIarly, if judgment and/or f6w afe entered against law enforcement,the parties shall confer to arriveat an appropriate fbrmula. C. POWOM Nothing in this Agreement shall be construed as any transfer or contracting away of the powem or functions of one party to the other. 0. LAw EnfbrcerneM Rekded Off-Duty Employnwnt! This Agreement does not grant law enforoement powers for purposes of law enforcernent reIt ed off-duty employment. E. Damages This Agreement shall in no event confer upIon any person, corporation, parUtership, or other entity, including the parties hefeto, the right to damages or any other fbrm of relief against any paity to this Agreement for operations or omissions hereunder. F. Confill Aid Act In the eventof a conflict between the provisions of this Agreement and Florida Statute 23.1225, et seq,., the 'Flodda Mutual Aid Act'the pmvisions of the FlorWa Mutual Ald Act shall 0onw. G. Amendments This Agreement contains the entire understan,ding between the partles and shall not be renewed, amended, or extended except In Wrifing. H. Goveming, Law and Venue This Agreement shall be construed in accoirdance with Florida law. The venue of any litigation arising hereunder shall be Orange County, Florida. in wKness wtoreof, the parties have caused this Agreement to be executed by the undersigned peraons as duty authorized. OFFICE F ORANGE COUNTY, FLORIDA Mi n as S6, Orange County, Florida FOR USE AND RELIANCE ONLY BY THE SHERIFF OF ORANGE COUNTY, FLORIDA, APPR ED AS TO F AND LEGALITY TFC I� ww , I F 2021, General Cddnsel 6 APPROVED: Springs,City of Winter FLORIDA I A DEPARTMENTWinter Springs POUCE s � raw . .. �. �. w_ ..... Chds�.� a ler, Chiefsof Police 12/18/2020 7 ,.. ..