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HomeMy WebLinkAboutUniversity of Central Florida Mutual Aid Agreement - 2013 10 10 VOLUNTARY COOPERATION AND OPERATIONAL ASSISTANCE MUTUAL AID AGREEMENT This Mutual Aid Agreement is entered into by and between The City of Winter Springs, a Florida municipal corporation ("Winter Springs"), and The University of Central, Florida. WITNESSETH: WHEREAS, the Florida Mutual Aid Act, codified at section 23.12, et. seq., Florida Statutes, authorizes law enforcement agencies to voluntarily cooperate and assist one another with matters of a routine law enforcement nature across jurisdictional lines; and WHEREAS, the parties to this Agreement, both of which include law enforcement agencies, are so located in relation to one another that it is to the advantage of each to receive and to extend mutual aid in the form of law enforcement services and resources, more specifically described herein, to adequately respond to intensive situations, and for continuing, multi-jurisdictional law enforcement problems in furtherance of protecting the public peace and safety, and preserving the lives and property of the public; and WHEREAS, the parties hereto desire to set forth their mutual understanding of the terms and conditions of the rendering of mutual aid law enforcement services as set forth herein. NOW, THEREOFRE, for good and valuable consideration, the sufficiency of which is hereby acknowledged, the parties hereto agree as follows: Section 1. Recitals. The foregoing recitals are hereby deemed true and correct and are expressly incorporated herein by this reference. Section 2. Operational Assistance. Either party hereto may request law enforcement operational assistance from, and render law enforcement operational assistance to, the other party. Such operational assistance may include, but is not limited to, dealing with civil emergencies or disturbances, large protest demonstrations, aircraft disasters, fires, natural or manmade disasters, large-scale sporting events, concerts, parades, escapes from detention facilities, and incidents requiring utilization of specialized law enforcement units. Section 3. Voluntary Cooperation. A. Either party hereto may voluntarily cooperate with the other to address violations of Florida law. In this regard, either party may request law enforcement assistance from, and render law enforcement assistance to, the other party. Said violations may include, but are not limited to, homicides, sex offenses, robberies, assaults, burglaries, larcenies, gambling, motor vehicle thefts, and drug violations under Chapter 893, Florida Statutes. Further, either party may provide back-up services during patrol activities to the other, provide services as school resource officers on official duty outside of their jurisdiction, and provide assistance to interagency task forces and/or joint investigations. B. If an officer is in the jurisdiction of the other and observes a violation of Florida law that is placing the public in immediate danger of harm or violence, the officer, representing his or her agency, is empowered to take such law enforcement action as is immediately necessary to protect the victims or the community from the perpetrator of said crime, • 1 without first obtaining permission from the other party to this Agreement. if an officer is empowered to take law enforcement action by law and this Agreement, they shall immediately, prior to initiating any action, notify their Communications Center. In an emergency situation requiring immediate law enforcement action, these notifications may be made after the situation has stabilized. The officer rendering aid in accordance with law and this Agreement is responsible for concluding the incident as he or she deems appropriate (e.g., UTC, arrest, Baker Act transport) and documenting it in either an arrest or incident report. The Communications Center for the agency rendering aid shall immediately inform the Communications Center of the agency receiving aid. Section 4. Procedure for Requesting Assistance. A. In the event that either party to this Agreement is in need of assistance as set forth above, said party shall notify the agency from which such assistance is required. The party whose assistance is sought shall evaluate the situation and the available resources, and respond in a manner deemed appropriate. B. The agency rendering assistance may determine for how long such assistance is authorized and for what purpose such authority is granted. This authority may be granted either verbally or in writing as the particular situation dictates. C. Except as authorized herein, neither party to this Agreement shall be empowered under this Agreement to operate in the other agency's geographical jurisdiction without prior approval of the agency with normal jurisdiction. Section 5. Command and Supervisory Responsibility. A. The resources of facilities that are assigned by the assisting agency shall be under the immediate command of a supervising officer designated by the assisting agency. Such supervising officer shall be under the direct supervision and command of the agency requesting assistance. B. Whenever rendering assistance pursuant to this Agreement, the assisting agency shall abide by and be subject to the rules and regulations, personnel policies, general orders, and standard operation procedures of his or her own employer. 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 procedure shall control and shall supersede the direct order. C. Whenever there is cause to believe that a complaint has arisen as a result of a cooperative effort as it may pertain to this Agreement, the agency head, or his or her designee, of the requesting agency shall be responsible for the documentation of said complaint to ascertain, at a minimum: (1) the identity of the complainant; (2) an address where the complaining party can be contacted; (3) the specific allegation; and (4) the identity of the employees accused without regard as to agency affiliation. If it is determined that the accused is an employee of the assisting agency, the above information, with all pertinent documentation gathered during the receipt and processing of the complaint, shall be forwarded without delay to the agency head, or his or her designee, of the assisting agency for administrative review. The requesting 2 agency may conduct a review of the complaint to determine if any factual basis for the complaint exists and/or whether any of the employees of the requesting agency violated any of their agency's policies or procedures. Section 6. Liability; Sovereign Immunity. Each party hereto shall assume responsibility for the acts, omissions, or conduct of its own employees while engaged in rendering such aid pursuant to this Agreement. Notwithstanding any other provision set forth in this Agreement, nothing contained in this Agreement shall be construed as a waiver of either party's right to sovereign immunity under section 768.28, Florida Statutes, or other limitations imposed on the parties' potential liability under state or federal law. As such, the parties shall not be liable under this Agreement for punitive damages or interest for the period before judgment. Further, the parties shall not be liable for any claim or judgment, or portion thereof, to any one person for more than two hundred thousand dollars ($200,000.00), or any claim or judgment, or portion thereof, which, when totaled with all other claims or judgments paid by the State or its agencies and subdivisions arising out of the same incident or occurrence, exceeds the sum of three hundred thousand dollars ($300,000.00). This paragraph shall survive termination of this Agreement. Section 7. Powers, Privileges, Immunities and Costs. A. Employees of each party to this Agreement, when actually engaging in mutual cooperation and assistance outside of their jurisdictional limits under the terms of this Agreement, shall, pursuant to the provisions of section 23.127(1), Florida Statutes, have the same powers, duties, rights, privileges, and immunities as if the employee were performing duties inside the employee's normal jurisdiction. B. Each party to this Agreement agrees to furnish necessary equipment, resources, and facilities, and to render services to the other party 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 to the other party. C. The agency that furnishes 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 and maintenance of that equipment. D. The agency furnishing aid pursuant to this section shall compensate its appointees/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 such employees are engaged in rendering such assistance. E. 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 activity of an employee of an agency when performing the employee's duties within the territorial limits of the employee's agency apply to the performance of the employee's duties extraterritorially under the provisions of this Agreement. The provisions of this section shall apply within equal effect to paid, volunteer, and reserve employees. 3 F. Nothing herein shall prevent the requesting agency from requesting supplemental appropriations from the governing authority having budgeting jurisdiction to reimburse the assisting agency from any actual costs or expenses incurred by the assisting agency performing hereunder. Section 8. Effective Date. This Agreement shall take effect upon full execution by both parties hereto and shall continue in full force and effect until terminated. Section 9. Modification of Agreement. Any modification to the terms and conditions of this Agreement shall be set forth in a written addendum executed by both parties hereto. Section 10. Termination. Either party hereto may terminate this Agreement, without penalty, upon 30 days written notice to the other party. NOW WHEREFORE, THE PARTIES HERETO HAVE SET THEIR HAND AND SEAL ON THE DATES INDICATED BELOW: CITY OF WINTER SPRINGS: Kevin Brunelle, Police Chief Print Name: Title: Po I C.h►'a.4- Date: /0 - a-/ Date: /0 d- f 3 n Q IN 1 c kw red 1J eqa / — Richard Beary, Polic Print Nam,: . I Title: e ;t I Date: lot►o 11% Date: 101 3 4 CITY OF WINTER SPRINGS: .441 .4 .v,i) L. Sm i'TN Ke • L. Smit ity Ma ager Print Name: Title:Gil/ 5 t,r2 Date: /000, Date: UCF egal Department Print Name: Title: pp Date: (�7/%6 Date: 5