HomeMy WebLinkAbout1997 09 29 Regular Item A
COMMISSION AGENDA
ITEM A
REGULAR X
CONSENT
INFORMATIONAL
Meeting
- J
September 29, 1997
TITLE: Police Department requesting the Commission to approve a Mutual Aid Agreement
relating to the International Association of Chiefs of Police (IACP) Conference in Orlando,
October 21, 1997 through November 1, 1997
PURPOSE: To request the Commission review and approve an Operational Assistance
Mutual Aid Agreement between the Winter Springs Police Department and the Orange County
Sheriffs Department. The Agreement allows representatives of the Winter Springs Police
Department to provide security services for the International Association of Chiefs of Police
(IACP) Conference in Orlando during the month of October, 1997.
CONSIDERATIONS: The International Association of Chiefs of Police (IACP) will hold its
International Convention in Orlando between October 21 and November 1, 1997. Chiefs of
Police, Sheriffs, and other Law Enforcement Officials from the world over will gather in
Orlando for this event. Orange County Sheriff Kevin Beary has asked for assistance from the
surrounding law enforcement agencies to handle the tremendous security and public safety needs
that accompany the Conference. In order for the Winter Springs Police Department to
participate, a Mutual Aid Agreement in conformity with Florida Statute 23.12, et seq, allowing
multi-jurisdictional cooperation, must exist. The Mutual Aid Agreement must be signed by the
Sheriff of Orange County, Hon. Kevin Beary, the Chief of Police of Winter Springs, and the
Mayor of Winter Springs, after such agreement has been reviewed and approved by the City
Commission of the City of Winter Springs.
RECOMMENDATION: Approve the Mutual Aid Agreement and direct the Mayor to sign the
Agreement on behalf of the City of Winter Springs.
IMPLEMENTATION SCHEDULE: The Agreement remains in effect from October 21
through November 1, 1997.
ATTACHMENTS:
OPERATIONAL ASSISTANCE MUTUAL AID AGREEMI;:NT (with cover letter)
ORANGE
Sheriff Kevin Beary
COUNTY SHERIFF'S OFFICE
Telephone (407) 836-3700
Post Office Box 1440, Orlando, Florida 32802-1440
September 16, 1997
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Chief Daniel Kerr
Winter Springs Police Department
1126 E. S.R. 434
Winter Springs, Florida 32708
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Dear Chief Kerr:
As you know, the International Association of Chiefs of
Police ("IACP") will hold its annual conference in Orlando next
month. You graciously agreed to your agency assisting with the
security needs associated with this special event.
Enclosed please find a proposed mutual aid agreement that
will facilitate those efforts. Please have the agreement signed
and returned to me as soon as possible. Please coordinate with
Captain Pat Wells for all security assignments and needs.
Please use your radio equipment if it is compatible with our
800 frequency. If you are not sure, or your equipment is
incompatible, please contact Captain Dave Hartsfield,
Communications Division, 836-3980, to arrange for testing or
loaner radios. The requested uniform for the event is long
sleeve shirt and tie for inside security positions and short
sleeve for outside security positions.
If you have any questions, please do not hesitate. to contact
me or Captain Wells. Thank you for your assistance with this
matter.
Sincerely,
KEVIN BEARY
Sheriff of Orange County
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Bernadine Rice
Senior Staff Attorney
Legal Services Section
55 West Pineloch Avenue
Orlando, Florida 32806
407/836-4607
cc: Captain Pat Wells
Captain Dave Hartsfield ~
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A Nationally Accredited Law Enforcement Agency
COMMISSION ACTION:
OPERATIONAL ASSISTANCE
MUTUAL AID AGREEMENT
WITNESSETH
WHEREAS, the International Association for Chiefs of Police
("IACp1') will hold a convention in Orange County, Florida, in
October 1997; and
WHEREAS, the IACP convention raises security and public
safety issues that require multi-jurisdictional cooperation;
WHEREAS, the Sheriff of Orange County, Florida, and the City
of Winter Springs, Florida, have the authority under ~23.12,
F.S., et seq., the "Florida Mutual Aid Act," to enter into a.
mutual aid agreement that allows multi-jurisdictional cooperation
for purposes of the IACP convention;
NOW, THEREFORE, the parties agree as follows:
1. The subscribing law enforcement agencies hereby approve
and enter into this Agreement whereby each agency may request and
render law enforcement assistance to the other for purposes of
the IACP convention in October 1997.
2. The parties shall name representatives to committees
that address various issues related to the IACP convention (e.g.,
security). Those representatives shall be empowered to request
or authorize assistance from their respective agencies.
3. The personnel and equipment provided by an assisting
agency shall be under the immediate command of a supervising
officer designated by the head of the assisting agency. or his/her
designee. Said supervising officer shall be under the direct
supervision and command of the head of the requesting agency or
his/her designee. . ,
4. Whenever an employee of any party is rendering aid
pursuant to this Agreement, he/she shall abide by, and be subject
to, the rules and regulations, personnel policies, general
orders, and standard operating procedures of his/her respective
agency. 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 shall supersede the direct order.
5. Each party shall be responsible for the acts,
omissions, and conduct of its employees that occur while said
employees are engaged in providing services pursuant to this
Agreement, subject to the provisions of Florida Statute 768.28
where applicable.
6. The parties agree to furnish necessary equipment,
resources, facilities, and services to each other as set forth
above; provided however, that neither party shall be required to
unreasonably deplete its own equipment, resources, facilities,
and services in furnishing such mutual aid. Types of available
aid include, but are not limited to, manpower, marked and
unmarked vehicles, K-9 units, and National, State, and County
computer networks.
7. Each party furnishing equipment pursuant to this
Agreement 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.
8. The agency furnishing aid pursuant to this Agreement
shall compensate its employees during the time such aid is
rendered and shall defray the actual travel and maintenance
expenses of its employees while they are rendering such aid,
including any amounts paid or due for compensation due to
personal injury or death while said employees are engaged in
rendering such assistance.
9. Pursuant to the provisions of Section 23.127(1), F.S.,
an employee of a subscribing agency, who render$ aid outside the
agency's jurisdiction in accordance with this Agreement, shall
have the same powers, duties, rights, privileges, and immunities
as if performing duties inside the jurisdiction of his or her
agency, subject to the limitations expressed in Section II.
10. 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 activities of a subscribing
agency's employees when performing their respective functions
within their agencies' jurisdictional limits shall apply to them
to the same degree, manner, and extent while engaged in the
performance of their duties extraterritorially under the
provisions of this Agreement. This provision shall apply with
equal effect to paid, volunteer, reserve, and auxiliary law
enforcement officers, provided auxiliary officers act under the
direct supervision of law enforcement officers from their
respective agencies in accordance with law.
11. Nothing herein shall prevent the requesting agency from
seeking supplemental appropriations from the governing authority
having budgeting jurisdiction to reimburse the assisting agency
for any actual costs or expenses incurred by the assisting agency
performing hereunder.
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12. The agency requesting assistance shall be responsible
for recording radio communications to include, but not be limited
to, time enroute, number of units responding, time of arrival,
time of completion, and any other pertinent radio communication.
13. Each agency shall complete a detailed report and
forward a copy to the other agency.
14. 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
shall be responsible for maintaining a forfeiture action. 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.
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.
15. If a law enforcement officer from one party takes law
enforcement action in the jurisdiction of the other party
pursuant to this Agreement, he/she shall notify the agency having
jurisdiction and thereafter take all necessary steps to lawfully
complete the enforcement action, to include but not be limited to
arresting the suspect, transporting the suspect to the
appropriate location for booking, booking, and providing
appropriate reports documenting the event and the actions taken.
16. Nothing in this Agreement shall be construed as any
transfer or contracting away of the powers or functions of one
party hereto to the other.
17. 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.
18. 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.
19. This agreement contains the entire understanding
between the parties and shall not be modified except in writing.
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20. This Agreement shall take effect on October 21, 1997,
and it shall continue in full force and effect until November 1,
1997.
21. This Agreement may be terminated by either party upon
delivery of three (3) days written notice to the other party.
In witness whereof, the parties hereto cause these presents
to be signed on the date specified.
ORANGE COUNTY SHERIFF'S OFFICE
WINTER SPRINGS POLICE
DEPARTMENT
Kevin Beary
as Sheriff of Orange County
DATE: p- 0< .3 -PI
DATE:
APPROVED:
ATTEST:
WINTER SPRINGS,
~A,~
Ci ty lerk'
Mayor
FOR USE AND RELIANCE ONLY BY
THE CITY OF WINTER SPRINGS,
APPROVED ~S TO FORM AND LEGALITY
this ~(J.!aay of ~I , 1997
APPROVED BY THE WINTER SPRINGS
CITY COMMISSION AT A
~E TING HELD ON
_&9 ,1997
UN R AGENDA NO. :::rr - J:l
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BY:
City Attorney
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