1179 Mutual Aid Agreement with City of Titusville law enforcement
BRIAN F. TOOLEY
CHIEF OF POLICE
SANFORD POLICE DEPARTMENT
815 S. FRENCH AVENUE
SANFORD, FLORIDA 32771
TELEPHONE
407.323.3030
FACSIMILE
407.302.2540
WEBSITE
WWW.SANFORDPOLlCE.ORG
CITY COMMISSION
liNDA KUHN
MAYOR
ART WOODRUFF
DISTRICT 1
DR. VELMA H. WilLIAMS
DISTRICT 2, VICE MAYOR
RANDY JONES
DISTRICT 3
JACK T. BRIDGES
DISTRICT 4
CITY MANAGER
ROBERT (SHERMAN) YEHl
POLICE DEPARTMENT
July 12, 2007
Mayor Ronald G. Swank
City of Titusville
555 S. Washington Ave.
Titusville, FL 32796
RE: Combined Operational Assistance And
Voluntary Cooperation Mutual Aid Agreement
Dear Mayor Swank:
Enclosed please find a signed original of the above Agreement.
Once completely executed, please return a copy to my office for the City
of Sanford.
Sincerely, ~
-4- ). h.-Y-~
Brian F. Tooley
Chief of Police
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Enclosures
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REPORT TO COUNCIL
To: The Honorable Mayor and City Council
From: Mark K. Ryan, City Manager
Subject: Three (3) Year Combined Operational Assistance and Voluntary Cooperation
(.Mumal:Kia=-Agieement:.wth the City of Sanford, Florida
Department/ Office: Police Department
Recommended Action
Approve and Authorize Execution of this Three (3) year Combined Operational Assistance and
Voluntary Cooperation Mutual Aid Agreement with the City of Sanford, Florida effective August
14,2007 and continue until August 13, 2010.
Summary Explanation & Background:
The City of Titusville, Florida and the City of Sanford, Florida have the authority under
Chapter 23.12, F.S., et seq., the "Florida Mutual Aid Act", to enter into a mutual aid
agreement for law enforcement service which provides for rendering of assistance in a law
enforcement emergency as defined in Chapter 252.34, F.S. and permits voluntary
cooperation and assistance of a routine law enforcement nature across jurisdictional lines.
The Titusville and Sanford Police Departments are so located in relation to each other that it
is to the advantage of each to extend mutual aid in the form of law enforcement services and
resources. The agency whose assistance is sought shall evaluate the situation, the agency's
available resources, and will respond in a manner the agency head or designee, deems
appropriate.
Recommend Council approve and authorize execution of this three (3) year agreement
effective August 14,2007 and continue until August 13, 2010.
Alternatives:
Do not approve.
Source of Funds:
N/A
Strategic Plan Impact:
This action is in line with Strategic Issue #2 Provide Safe and Secure Environment" by
securing the ability to receive and extend mutual aid.
Exhibits Attached:
1) Letter of Request
2) Agreement
COMBINED
OPERATIONAL ASSISTANCE AND VOLUNTARY COOPERATION
MUTUAL AID AGREEMENT
WITNESSETH
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 and
WHEREAS, the City of Sanford, Florida, and the City of Titusville, Florida 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.
NOW, THEREFORE, the parties agree as follows:
SECTION I:
PROVISION FOR OPERATIONAL ASSISTANCE
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, including, but not limited to, dealing with civil disturbances, large protest
demonstrations, aircraft disaster, fires, natural or man-made detention facilities, and
incidents requiring utilization of specialized units.
SECTION II:
PROCEDURE FOR REQUESTING ASSISTANCE
If a party to this Agreement needs assistance as set forth above, it shall notify the
agency from whom such assistance is required. The agency head, or his/her designee,
whose assistance is sought shall evaluate the situation and the agency's available
resources, and will respond in a manner he/she deems appropriate.
, .
,
Requests for assistance shall be in writing. Verbal requests are permissible in
emergencies, or when necessary to expedite operations. However, verbal requests shall
be followed by written confirmation within forty-eight (48) hours. All requests shall
specify the following: (1) type of equipment needed; (2) number of personnel assigned;
(3) location where the equipment or personnel will be assigned; and (4) other forms of
assistance requested. City of Sanford shall direct its requests for assistance to the City of
Titusville Chief of Police, or his designee.
SECTION III:
COMMAND AND SUPERVISORY RESPONSIBILITIES
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.
When an employee of any patty 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.
SECTION IV:
LIABILITY
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, whether such acts
sound in contract or tort.
SECTION V:
POWERS, PRIVILEGES, IMMUNITIES, AND COSTS
The parties agree to furnish necessary equipment, resources, facilities, and
services to each other as above set forth; 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.
Each party furnishing equipment pursuant to the 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.
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
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amounts paid or due for compensation, due to personal injury or death, while said
employees are engaged in rendering such assistance.
Pursuant to the provisions of Section 23.127(1), F.S., an employee ofa
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 agency's 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, 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.
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.
SECTION VI:
MISCELLANEOUS TERMS
A. Dispatch of Personnel and Equipment
Any dispatch of personnel or equipment hereunder for Operational Assistance is
subject to the following conditions and terms:
1. The requesting party shall release equipment and personnel, provided by
the responding party, when they are no longer needed, or when the
responding party determines they are needed within the area for which it
normally furnishes police services.
2. If requested, the employees of a responding party shall assist in
transporting and processing prisoners during situations involving mass
arrests. If necessary, they shall also assist with operating temporary
detention facilities upon request.
3. The agency requesting assistance shall be responsible for recording radio
communications to include, but not be limited to, time en route, number of
units responding, time of arrival, time of completion, and any other
pertinent radio communication provided both agencies have a common
channel.
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4. Each agency shall complete a detailed report and forward a copy to the
other agency.
B. Forfeiture Litigation
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 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 proceeding 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 pro rata between the parties, less the costs
associated with the forfeiture action.
C. Law Enforcement Action Responsibilities
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, and providing appropriate reports documenting the event and the actions
taken.
D. Powers
Nothing in this Agreement shall be construed as any transfer or
contracting away of the powers or functions of one party hereto the other.
E. Damages
This Agreement shall in no event confer upon any person, third-party
beneficiary, corporation, partnership, or other entity, including the parties hereto,
the right to damages or any other form of relief against any party to the
Agreement for operations hereunder.
F. Conflicts
In the event of a conflict between the provision of this Agreement and
g3.12, F.S., et seq., the Florida Mutual Aid Act," the provisions of the Florida
Mutual Aid Act shall control.
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, . ,
G. Amendments
This agreement contains the entire understanding between the parties and
shall not be modified except in writing by document of equivalent dignity
executed by the parties.
SECTION VII:
EFFECTIVE DATE
This Agree~en.~ hall take effect 1~1fA(, ILl 2tlt': ' and it shall continue in full
force and effect untIl f-/ ( 13 OJ 0 . TheJterm of thIS Agreement may be extended
for a period of up to 120 ays by written agreement executed prior to expiration by the
Mayor of the City of Sanford and the Mayor of the City of Titusville.
SECTION VIII:
CANCELLA TION
This Agreement may be terminated at any time by either party upon delivery of
30 days written notice to the other party.
SECTION IX:
FILING
This Agreement shall be filed by the City of Sanford with the Florida Department
of Law Enforcement within 14 days of the final execution.
IN WITNESS WHEREOF, the parties hereto cause these presents to be signed
on the date specified.
CITY OF SANFORD
CITY OF TITUSVILLE
"---L~ .-<. ·
Mayor
QJJ~~
Ronald G. Swank
Mayor
DATE: 1-0d-t)'{
DATE:
2h)07
For use and reliance by the City of Sanford
Approved as rm and legality
For use and reliance by the City of
Titusville
Approved as to form and legality
..Jd,iJ7u~
CIty Attorney
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