HomeMy WebLinkAboutCity of Orlando - Voluntary Cooperation and Operational Assistance Mutual Aid Agreement - 2012 03 07 VOLUNTARY COOPERATION AND OPERATIONAL ASSISTANCE
MUTUAL AID AGREEMENT
This agreement is entered into by and between the City of Orlando, a Florida municipal
corporation ( "Orlando Police Department "), and the City of Winter Springs, a municipal
corporation ( "Winter Springs Police Department ").
WHEREAS, the subscribed 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 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 in intensive situations including but not limited to emergencies as
defined under Section 252.34 Florida Statutes; and
WHEREAS, the Winter Springs Police Department and the Orlando Police Department
have the authority under part I of Chapter 23, Florida Statutes, the Florida Mutual Aid Act, to
enter into a Voluntary Cooperation Agreement for assistance of a routine law enforcement nature
that crosses jurisdictional lines and a Requested Operational Assistance Agreement for the
rendering of assistance in connection with a law enforcement emergency.
NOW THEREFORE, THE PARTIES AGREE AS FOLLOWS:
Section 1. Provisions for Requested Operational Assistance
The aforesaid law enforcement agencies hereby approve and enter into this Agreement
whereby each of the agencies may request or agree to render law enforcement assistance to the
other in law enforcement emergencies to include; but not necessarily be limited to, civil
disturbances, large protest demonstrations, aircraft disaster, fires, natural or man-made disasters,
sporting events, concerts, parades, escapes from detention facilities, incidents requiring
utilization of specialized units, or other emergency as defined in Section 252.34 Florida Statutes.
Section II. Provisions for Voluntary Cooperation
The aforesaid law enforcement agencies hereby approve and enter into this Agreement
whereby each of the agencies may request and render voluntary cooperation and assistance of a
routine law enforcement nature across jurisdictional lines. This assistance may address violations
of any Florida Statute, including by way of illustration and not limitation, investigating
homicides, sex offenses, robberies, assaults, burglaries, larcenies, gambling, motor vehicle thefts,
and drug violations, pursuant to Chapter 893, Florida Statutes, back -up services, inter- agency
task forces, and/or joint investigations including but not limited to, the City /County /State Traffic
Enforcement Unit, Metropolitan Bureau of Investigation, The Special Weapons and Tactics
Team, and the Bomb Disposal Unit.
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Section III. Policy and Procedure
A. In the event that a party to this Agreement is in need of assistance as set forth above,
it shall notify the agency head or his designee from whom such assistance is required.
The agency head or designee whose assistance is sought shall evaluate the situation
and the agency's available resources, consult with his/her supervisors if necessary,
and will respond in a manner he /she deems appropriate. The agency head's decision
in this regard shall be final.
B. 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
head. Such supervising officer shall be under the direct supervision and command of
the agency head or his designee of the agency requesting assistance.
C. Where investigative priorities arise during a law enforcement operation that may
require the crossing of jurisdictional lines, each party agrees that the agency
administrator or his designee on duty shall notify the agency administrator of the
jurisdiction entered, and request enforcement assistance. The responding agency
administrator or his designee shall evaluate the situation, consult with his appropriate
supervisor if necessary, and, if required, insure that proper enforcement assistance is
rendered.
D. 1. Should an officer of a participating agency be in another jurisdiction for matters
of a routine nature, or investigative nature, such as traveling through the area on
routine business, attending a meeting, or going to or from work, and a criminal
violation of Florida Statutes occurs in the presence of said officer, and said
violation is a felony or other offense constituting a breach of the peace, the officer
shall be empowered to render enforcement assistance and act in accordance with
the law and this Agreement.
2. In the event a law enforcement officer of one of the parties to this Agreement has
probable cause to arrest an individual for a felony offense in his/her jurisdiction
and requests assistance in the location and apprehension of the suspect, and a law
enforcement officer of one of the other parties to this Agreement is in the
jurisdiction of the party requesting assistance and observes the suspect, the
officer, representing his/her party, shall be empowered to render law enforcement
assistance and act in accordance with the law and this Agreement.
3. Prior to enforcement action being taken in the other agency's jurisdiction, the
officer shall notify that jurisdiction's Communications Center of the situation.
The only exception would be the situation where immediate action is necessary.
In that event, the Communications Center shall be notified immediately thereafter.
E. Should additional violations of Florida Statutes occur in the presence of said officer,
representing his or her respective agency in furtherance of this Agreement, he /she
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shall be empowered to render enforcement assistance and act in accordance with the
law and this Agreement.
Section IV. Powers, Privileges, Immunities, and Costs
A. Members of the subscribed law enforcement agencies, when actually engaging in
mutual cooperation and assistance outside of the jurisdictional limits of their
respective agencies, under the terms of this Agreement, shall, pursuant to the
provisions of Section 23.127, Florida Statutes, have the same powers, duties, rights,
privileges, and immunities, as if they were performing their duties in the jurisdiction
in which they are normally employed.
B. Each party agrees to furnish necessary equipment, resources, and facilities, and to
render services to each other party to the Agreement as set forth above, provided
however, that no party shall be required to deplete unreasonably its own equipment,
resources, facilities, and services, in furnishing such mutual aid.
C. The agency furnishing aid, pursuant to this Agreement, shall bear the loss or damages
to such equipment, and shall pay any expense incurred in the operation and
maintenance thereof.
D. The agency furnishing aid, pursuant to this Agreement, shall compensate its
appointees /employees during the time such aid is rendered, and shall defray the actual
travel maintenance expenses of such appointees /employees while they are rendering
such aid, including any amounts paid or due for compensation due to personal injury
or death while such appointees /employees are engaged in rendering such aid.
E. All the privileges and immunities from liability, exemption from laws, ordinances and
rules, and all pension, insurance, relief, disability, worker's compensation, salary,
death, and other benefits that apply to the activity of such officers, agents or
employees of any such agency when performing their respective functions within the
territorial limits of their respective public agencies, shall apply 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 full -time
paid, part-time, volunteers, and reserve members.
Section V. Liability
Each party shall be responsible for the acts, omissions, and conduct of its agents,
employees, and appointees that occur while said persons are engaged in providing services
pursuant to this Agreement, subject to the provisions of Florida Statute 768.28 where applicable.
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Section VI. Insurance Provisions
Each party agrees, upon request, to provide satisfactory proof of liability insurance by
one or more of the means specified in Section 768.28, Florida Statutes, in an amount that 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
canceled or undergo material change, that party shall notify all parties to this Agreement of such
change within ten (10) days of receipt of notice or actual knowledge of such change.
Section VIII: Effective Date
This Agreement shall take effect upon execution and approval by the hereinafter named
officials, and shall continue in full force and effect until January 1, 2015, unless terminated prior
thereto by any or all the parties herein.
Section VIII. Cancellation
This agreement may be canceled by either party upon delivery of written notice to the
other party. Cancellation will occur at the direction of any subscribing party.
IN WITNESS WHEREOF, THE PARTIES HERETO CAUSE THESE PRESENTS TO BE
SIGNED ON THE DATE SPECIFIED:
WINTIRSPRINGS POLICE DEPARTMENT ORLANDO POLICE
DEPARTMENT
• c a,
Kevin P. Brunelle 4 Sul Rooney
Chief of Police Chief of Police
Date: ' / :._. Date: ' •`
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APPROVED:
CITY OF O' •ANDO, FLORIDA
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City Clerk Buda Dye
Mayor
APPROVED:
CITY Of W&TER SPRINGS
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City Mann - r
Date: ) ' Z Printed Name
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ITY OF ORLANDO
POLICE DEPARTMENT "k,„
April 9, 2012
Kevin P. Brunelle, Chief
City of Winter Springs Police Department
ATTN: Sgt. N. Romano, Operation Support Div.
300 North Moss Road
Winter Springs, FL 32708
Re: Voluntary Cooperation and Operational Assistance Mutual Aid Agreement
NBA All Star Weekend in Orlando, February 22 -26, 2012
Dear Chief Brunelle:
Enclosed is a fully executed copy of the above Mutual Aid Agreement between the City of
Orlando Police Department and the City of Winter Springs. A signed copy of the agreement has
been filed with the FDLE in Tallahassee pursuant to Florida Statutes.
Thank you for the assistance and support provided by your agency during this event. If you have
any questions or concerns, please contact the Police Legal Advisor's Office at (407) 246 -2464.
Sincerely,
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Natasha Williams
Police Legal Advisor
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Enclosure
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POLICE LEGAL ADVISOR
P.O. BOX 913 • ORLANDO, FL 32802 -0913
PHONE 407.246.2464 • FAX 407.246.3889 • CITYOFORLANDO.NET