Loading...
HomeMy WebLinkAbout2006 08 28 Consent 401 Operational Assistance Mutual Aid Date: August 28, 2006 The following Consent Agenda Items were not discussed during the August 28, 2006 City Commission Regular Meeting, due to the City Commission Meeting not being extended. COMMISSION AGENDA ITEM 401 CONSENT August 28, 2006 Meeting MGR DEPT Authorization REQUEST: Police Department requesting the Commission to approve an Operational Assistance Mutual Aid Agreement between the City of Winter Springs and Orange County. 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 the Winter Springs Police Department to render assistance in a law enforcement emergency as defined in 252.34 F.S. and permits voluntary cooperation and assistance of a routine law enforcement nature across jurisdictional lines. CONSIDERATIONS: The Winter Springs Police Department has been involved in training with the Orange County Sheriff s Department in the area of dignitary protection and conducting joint traffic operations, including but not limited to dignitary traffic escorts and these joint traffic operations may need to traverse jurisdictional lines or may need additional personnel and equipment from subscribing agencies to ensure the safety of participants and the general public. This Agreement is similar to our agreement with the Seminole County Sheriff s Department and other Seminole Cities are in the process of entering into this agreement. With the higher security levels through Homeland Security this would not only allow the Winter Springs Police Department to assist the Orange County Sheriff s Department but would allow them to assist us with any related law enforcement matters. State law requires that this agreement must be authorized by the Commission of the City during one of its regularly scheduled meetings. FUNDING: None required. RECOMMENDATION: Approve the Mutual Aid Agreement and direct the Mayor to sign the agreement on behalf of the City of Winter Springs. August 28, 2006 Consent Agenda 401 Page 2 of2 IMPLEMENTATION SCHEDULE: Immediately upon approval by the Commission through December 31,2008. The term of this Agreement may be extended for up to 120 days by written agreement executed prior to December 31, 2008 by the Sheriff of Orange County and the City Police Chief. This agreement may not be renewed or amended except in writing. ATTACHMENTS: Copy of Operational Assistance Mutual Aid Agreement from the Orange County Sheriff s Department. COMMISSION ACTION: COMBINED VOLUNTARY COOPERATION AND OPERATIONAL ASSISTANCE MUTUAL AID AGREEMENT 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 situations including but not limited to emergencies as defined under 9252.34, F.S.; 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. WHEREAS, the Sheriff of Orange County, Florida, hereinafter referred to as "QCSO," and the City of Winter Springs, Florida, hereinafter referred to as "City," have the authority under 923.12, F.S., et seq., the "Florida Mutual Aid Act," to enter into a mutual aid agreement for law enforcement service which: (1) Provides for rendering of assistance in a law enforcement emergency, as defined in 9252.34, F.S.; and (2) Permits voluntary cooperation and assistance of a routine law enforcement nature across jurisdictional lines. WHEREAS, the subscribing law enforcement agencies have occasion to conduct joint traffic operations, including but not limited to dignitary traffic escorts; and WHEREAS, these joint traffic operations may need to traverse jurisdictional lines or may need additional personnel and equipment from subscribing agencies to ensure the safety of participants and the general public. NOW, THEREFORE, the parties agree as follows: Section I: Operational Assistance and Voluntary Cooperation 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). 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). This Agreement does not grant law enforcement powers to deputies or City officers for purposes of off-duty law enforcement employment. Section II: Procedures for Requesting or Providing Aid A party to this Agreement ("requesting agency") may obtain assistance as set forth above in Section I or Section II from the other party ("responding agency"). The chief law enforcement executive (Sheriff or Chief of Police) or designee of the requesting agency shall direct the request to the chief law enforcement executive or designee of the responding agency. The request shall specify the needed assistance, e.g., number of personnel, type of equipment, location where equipment or personnel will be assigned. The chief law enforcement executive or designee shall evaluate the situation and his or her agency's available resources and respond in a manner that he or she deems appropriate. Requests for assistance may be verbal or written. 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 via U.S. Mail shall be addressed to Chief Dan Kerr, 300 N. Moss Road, Winter Springs, FL 32708. Each party is responsible for tracking mutual aid requests made or received in accordance with this Agreement. If the City is rendering assistance pursuant to this Agreement in Orange County, the Sheriff of Orange County or designee may determine who is authorized to lend assistance, the nature of the assistance, how long assistance is authorized, and for what purpose the authority is granted. If the OCSO is rendering assistance pursuant to this Agreement within the City limits, the City's Police Chief or designee may determine who is authorized to lend assistance, the nature of the assistance, how long assistance is authorized, and for what purpose the authority is granted. 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. The parties are not required to unreasonably deplete their own equipment, resources, facilities, and services (e.g., personnel, marked units, unmarked units, K- 2 9 units, national, state, and county computer networks) to furnish mutual aid. 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. 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, upon request by the other party. 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. Upon request by the other party, the requesting or responding agency shall complete a detailed report and forward a copy to the other agency. Actions by City police officers that occur in Orange County shall be in accordance with and governed by this Agreement; or shall result from actions that legally extend the officers' jurisdiction, including but not limited to fresh pursuits that begin within the City limits; or shall be in accordance with and governed by a mutual aid agreement between the City and the municipality in which the actions occurred. Section III: Command and Supervisory Responsibilities The resources or facilities assigned by the responding agency shall be under the immediate command of a supervising officer designated by the responding agency. Said supervising officer shall be under the direct supervision and command of a person designated by the chief executive officer, or his or her designee, of the requesting agency. Conflicts: Whenever an agency member is rendering aid pursuant to this Agreement, he or she shall abide by, and be subject to, the rules and regulations, personnel policies, general orders, and standard operating procedures of his or 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 supersede the direct order. Handling Complaints: If there is cause to believe that a complaint has arisen from a cooperative effort under this Agreement, the requesting agency shall be responsible for documenting the complaint, to try to ascertain at a minimum: 1. The identity of the complainant. 3 2. An address where the complaining party can be contacted. 3. The specific allegation. 4. The identity of the accused agency members without regard to agency affiliation. The requesting agency shall provide the responding agency with this information, along with a copy of all applicable documentation. The requesting agency shall expeditiously direct the information and documentation to the professional standards unit of the responding agency. The agency employing the subject of the complaint shall be responsible for conducting an appropriate review. Section IV: 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. Section V: Powers, Privileges, Immunities, and Costs Pursuant to the provisions of Section 23.127(1), F.S., an employee of a subscribing agency, who renders 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. 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, and reserve employees. The responding agency 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. 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. Nothing herein shall prevent the requesting agency from seeking supplemental appropriations from the governing authority having budgeting 4 jurisdiction to reimburse the responding agency for any actual costs or expenses incurred by the responding agency performing hereunder. Section VI: Term This Agreement shall take effect upon execution of the last of the parties and shall continue in full force and effect through December 31, 2008. The term of this Agreement may be extended for a period of up to 120 days by written agreement executed prior to December 31, 2008 by the Sheriff of Orange County and the City Police Chief. This Agreement may not be renewed or amended except in writing. Section VII: Cancellation Either 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 VIII: Miscellaneous Provisions A. Agency Policy Each party shall adopt and enforce written policy that is consistent with the terms of this Agreement. City policy shall explicitly explain the various circumstances under which its officers may take law enforcement action in areas of Orange County. Each party shall adopt the written policy, and forward a copy of it to the chief executive officer of the other party on an expedited basis. If one of the parties amends its policy at any time during the term of this Agreement, it shall immediately forward an up-to-date copy to the chief executive officer of the other party. Each party shall also train its officers on legal issues pertaining to mutual aid, the terms of this Agreement, and the requirements of its policy. Said training shall extend to all its sworn members, whether full or part-time and whether paid or volunteer. B. Forfeiture Litigation If a subscribing agency seizes any vessel, motor vehicle, aircraft, or other property pursuant to the Florida Contraband Forfeiture Act (Florida Statute 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. 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. 5 Proceeds from forfeited property seized as a result of or in accordance with this Agreement shall be divided to reflect the resour~es committed by each party. The parties shall confer to arrive at an appropriate formula. The agency litigating the forfeiture action may recover its reasonable court costs (e.g., filing fee, court reporter fee) from the proceeds of the case. C. Powers 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. D. 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. E. Conflicts with Florida Mutual Aid Act In the event of a conflict between the provisions of this Agreement and 923.12, F.S., et seq., the "Florida Mutual Aid Act," the provisions of the Florida Mutual Aid Act shall control. F. Amendments This Agreement contains the entire understanding between the parties and shall not be modified except in writing. In witness whereof, the parties have caused this Agreement to be executed by the undersigned persons as duly authorized. SHERIFF'S OFFICE OF ORANGE COUNTY, FLORIDA WINTER SPRINGS POLICE DEPARTMENT Kevin Beary as Sheriff of Orange County, FL Dan Kerr as Chief of Police Date: 8-3-06 ATTEST: City Clerk FOR USE AND RELIANCE ONLY BY THE SHERIFF OF ORANGE COUNTY, FLORIDA. APPROVED AS TO FORM AND LEGALITY THIS DAY OF 2006. By: General Counsel APPROVED: CITY OF WINTER SPRINGS, FLORIDA John F. Bush Mayor APPROVED BY THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, FLORIDA, AT A MEETING HELD ON UNDER AGENDA NO. FOR USE AND RELIANCE ONLY BY THE CITY OF WINTER SPRINGS, FLORIDA. APPROVED AS TO FORM AND LEGALITY THIS DAY OF ,2006. By: Assistant City Attorney 7