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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 . - --. Chief Daniel Kerr Winter Springs Police Department 1126 E. S.R. 434 Winter Springs, Florida 32708 - . ..... 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 L'> _ ~ . <-<L ,~~ ~.... <<-- ...... ----- 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 ~ /"_'\~ ~,! w ~ ~J;.-:'.r . 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. 2 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. 3 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 -- ~----- ---.... BY: City Attorney 4