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1279-Mutual Aid-OCSO /~19 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 "OCSO," and the City of Sanford, 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 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). tfr r- In l.=.' . . <',:) ...-l ::i '" 'r.al C' ;::J 0: en {,') <;',::. C'l Section II: Voluntary Cooperation 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). Section III: 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 815 S. French Avenue, Sanford, FL 32771. 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- g units, national, state, and county computer networks) to furnish mutual aid. The requesting agency shall release equipment and personnel provided by the 2 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. This Agreement does not grant law enforcement powers to deputies or City officers for purposes of off-duty law enforcement employment. Section IV: 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: 3 1. The identity of the complainant. 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 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. Section VI: 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 parties are responsible for providing compensation and benefits to their respective officers and employees providing services hereunder, including but not limited to salary, overtime, health insurance, disability insurance, life insurance, liability insurance, worker's compensation, pension/retirement, vacation time, sick time, and any amounts due for personal injury or death. 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. 4 Nothing herein shall prevent the requesting agency from seeking supplemental appropriations from the governing authority having budgeting jurisdiction to reimburse the responding agency for any actual costs or expenses incurred by the responding agency performing hereunder. Section VII: Term This Agreement shall take effect upon execution by the last of the parties hereto and shall continue in full force and effect through December 31, 2012. The term of this Agreement may be extended for a period of up to 120 days by written agreement executed prior to December 31, 2012 by the Sheriff of Orange County, Florida, and the City Police Chief. This Agreement may not be renewed or amended except in writing. Section VIII: 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 IX: Miscellaneous Provisions A. Agency Policy Each party shall adopt and enforce written policy that is consistent with the terms of this Agreement. Each party shall explicitly explain the various circumstances under which its officers may take law enforcement action in the other party's jurisdiction. B. Forfeiture Litigation The proposed seizure of any vessel, motor vehicle, aircraft, or other property pursuant to the Florida Contraband Forfeiture Act (Florida Statute 932.701-707) during the performance of this Agreement shall be referred to the OCSO Legal Services Section. The referring officer shall specifically identify it from the start as a case stemming from this Agreement. An attorney with the OCSO Legal Services Section shall determine if a forfeiture action is appropriate. The OCSO Legal Services Section shall handle all such forfeiture actions in accordance with applicable law and OCSO policy. The OCSO Legal Services Section shall have the exclusive right to control, and responsibility to maintain, the proceedings 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. After the OCSO deducts the costs associated with handling the forfeiture cases (e.g., filing fees, attorney time, auction costs), all proceeds from forfeited property seized as a result of or in accordance with this Agreement shall be divided 5 to reflect the resources committed by each party. The parties shall confer to arrive at an appropriate formula. Similarly, if judgment and/or fees are entered against law enforcement, the parties shall confer to arrive at an appropriate formula. If the OCSO declines to pursue the forfeiture of any property which could lawfully be seized in accordance with the Florida Contraband Forfeiture Act, the City may pursue a forfeiture action on its own. The City shall be solely responsible for all costs and liabilities associated with it and shall receive all proceeds from any such seizure. The OCSO, its employees and agents, shall not be held accountable for any costs or liabilities associated with said action, including but not limited to storage fees, filing fees, court reporter fees, attorney's fees, or judgments. 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 Ci-~~ as Sheriff of Orange County, FL SANFORD POLICE DEPARTMENT Brian F . Tooley as Chief of Police 6 Date: rJ .;- ;;.-' DCf ATTEST: ~.I>m~ Ity erk FOR USE AND RELIANCE ONLY BY THE SHERIFF OF ORANGE COUNTY, FLORIDA. APPROVED AS TO FORM ANDfYlTY THIS L DAY OF . 2009. ~ By: ,.~ SM~ General Co el Date: '-'7. fro.Or APPROVED: CITY OF SANFORD, FL APPROVED BY THE CITY COMMISSION OF THE CITY OF SANFORD, FLORIDA, ATAMEE~G HELD ON . ~~ /O}(;;2~ UNDER AGEN NO. C/, C!- . FOR USE AND RELIANCE ONLY BY THE CITY OF SANFORD, FLORIDA. APPROVED AS TO FORM AND LEGALITY THIS -Zf9.t DAY OF ~ Mlb ,2009. By:~zt>>2 41- sSlstant City Attorney A ~,J ,.; J tr tJ, (;sYt9o-! 7