1821 Oper Asst & Vol coop - Volusia County Sheriffs Office l
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POLICE DEPARTMENT
TRANSMITTAL MEMORANDUM
To: City Clerk
E". Request for Services
The item(s)noted below is/are attached and forwarded to your office for the following action(s):
❑ Development Order ❑ Mayor's signature
❑ Final Plat (original mylars) ❑ Recording
❑ Letter of Credit ❑ Rendering
❑ Maintenance Bond ® Safe keeping (Vault)
❑ Ordinance ❑
❑ Performance Bond
❑ Resolution
Z Mutual Aid Agreement Volusia County
Once completed, please:
❑ Return original
❑ Return copy
Special Instructions:
Please advise if you have any questions regarding the above.
Thank you!
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i
03.06.17
From Date
T:\Dept_forms\City Clerk Transmittal Memo-2009.doc
COMBINED
OPERATIONAL ASSISTANCE AND VOLUNTARY COOPERATION
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 law enforcement situations including, but not limited to,
emergencies as defined under Florida Statute 252.34; 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 Volusia County Sheriffs Office (VCSO) and the Police Chief of the City of
Sanford, Seminole County, Florida ("City"), have the authority under Florida Statute
23.1225, et seq., the "Florida Mutual Aid Act," to enter into a combined mutual aid
agreement for law enforcement service which:
(1) Provides for rendering of assistance in a law enforcement emergency, as
defined in Florida Statute 252.34; and
(2) Permits voluntary cooperation and assistance of a routine law enforcement
nature across jurisdictional lines.
Now, therefore, the parties agree as follows:
SECTION 1. PROVISIONS FOR OPERATIONAL ASSISTANCE
The subscribing parties hereby approve and enter into this Agreement whereby each of the
parties may request and render law enforcement assistance to the other to include, but not
necessarily be limited to, dealing with civil disturbances, large protest demonstrations,
aircraft disasters,fires, natural or man-made disasters,sporting events,concerts, parades,
escapes from detention facilities, and incidents requiring utilization of specialized units.
SECTION II: PROVISIONS FOR VOLUNTARY COOPERATION
Each of the parties hereby approve and enter into this Agreement whereby each party may
request and render law enforcement assistance to the other in dealing with any violations
of Florida Statutes to include, but not necessarily be limited to, investigating homicides,sex
offenses, robberies, assaults, burglaries, larcenies, gambling, motor vehicle thefts, drug
violations pursuant to Chapter 893, F.S., backup services during patrol activities, school
resource officers on official duty out of their jurisdiction, and inter-agency task forces and/or
joint investigations.
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SECTION 111111. PROCEDURE FOR REQUESTING ASSISTANCE
A. A party in need of assistance as set forth above shall notify the agency from whom
such assistance is required and provide appropriate information (e.g., nature of the law
enforcement assistance requested). Requests for assistance may be verbal or written.
The Sheriff or Chief of Police whose assistance is sought, or their authorized designee,
shall evaluate the situation and their available resources and will respond in a manner they
deem appropriate.
B. Written requests may be delivered by hand, U.S. Mail, teletype, or e-mail. Written
requests directed to the Volusia County Sheriff's Office via U.S. Mail shall be addressed
to P.O. Box 569, Deland, Florida 32721-0569. Written requests directed to the City via
U.S. Mail shall be addressed to the Sanford Police Department, 815 Historic Goldsboro
Boulevard, Sanford, Florida 32771. Each party is responsible for tracking mutual aid
requests made or received in accordance with this Agreement.
C. The Sheriff or Chief of Police in whose jurisdiction assistance is being rendered may
determine who is authorized to lend assistance in their jurisdiction, 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.
D. Neither party shall be required to deplete unreasonably its own equipment,
resources, facilities, and services in furnishing mutual aid herein. 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.
E. Upon request by the other party, 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.
F. 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.
G. Upon request by the other party, the requesting or responding agency shall
complete a detailed report and forward a copy to the other agency.
H. In each of the following circumstances constituting a law enforcement emergency,
the VCSO shall be deemed to have requested the operational assistance of the other party
to apprehend the suspect and to take any other action reasonably necessary to protect
persons or property. If law enforcement action is taken, the City police officer shall notify
the VCSO as soon as practicable. This provision is not intended to grant general authority
to conduct investigations, serve warrants or subpoenas, or attend to matters of a routine
nature, but rather is intended to address critical, life threatening, or public safety situations.
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1. A City police officer in the unincorporated county witnesses a forcible felony,
as defined by Florida Statute 776.08, or other crime of violence against a person.
2. A City police officer in the unincorporated county observes a driver engaging
in a pattern of conduct that constitutes imminent danger to the motoring public and
reasonable suspicion of driving under the influence in violation of Florida law.
3. A City police officer within Volusia County observes, or is notified of, an
VCSO deputy needing or requesting assistance.
4. A City police officer taking law enforcement action pursuant to Section
III(H)(2), or III(H)(3) witnesses a related crime (e.g., resisting).
I. A City police officer who takes law enforcement action outside the City pursuant to
this Agreement shall notify the VCSO and 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.
J. Except as specifically authorized in Section III(H) herein, City police officers are not
empowered under this Agreement to take law enforcement action in areas of Volusia
County that are outside the City limits without specifically contacting the VCSO in advance
for permission. The decision of the Sheriff or designee in these matters shall be final.
SECTION IV: COMMAND AND SUPERVISORY RESPONSIBILITIES
A. 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. Such
supervising officer shall be under the direct supervision and command of the Sheriff, Chief
of Police, or designee of the agency requesting assistance.
B. Conflicts: Whenever a law enforcement officer from one of the parties is rendering
aid pursuant to this Agreement, they shall abide by, and be subject to, the rules and
regulations, personnel policies, general orders, and standard operating procedures of their
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 standard operating procedure shall control and supersede the direct
order.
C. Handling Complaints: 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 requesting
agency shall be responsible for documenting the complaint to ascertain at a minimum:
1. The identity of the complainant.
2. An address where the complaining party can be contacted.
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3. The specific allegation.
4. The identity of the employees accused without regard to agency affiliation.
The requesting agency shall expeditiously provide the responding agency with this
information, along with a copy of all applicable documentation. The agency employing the
subject of the complaint shall be responsible for conducting an appropriate review.
SECTION V: LIABILITY
Each party engaging in any mutual cooperation and assistance pursuant to this Agreement
agrees to assume responsibility for the acts, omissions, or conduct of such party's own
employees while engaged in rendering such and pursuant to this Agreement,subject to the
provisions of Florida Statute 768.28,where applicable. Neither party waives any sovereign
immunity protection provided by law.
SECTION VI: POWERS, PRIVILEGES, IMMUNITIES, AND COSTS
A. Pursuant to the provisions of Florida Statute 23.127(1), an employee of a party who
renders aid outside that party's jurisdiction but inside the state in accordance with this
Agreement shall have the same powers, duties, rights, privileges, and immunities as if
performing duties inside the employee's political subdivision in which normally employed.
B. A party 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.
C. The parties are responsible for providing compensation and benefits to their
respective employees providing services hereunder, including but not limited to salary,
overtime, health insurance, disability insurance, life insurance, liability insurance, workers
compensation, pension/retirement, vacation time, sick leave, and any amounts due for
personal injury or death. Each party shall also defray the actual travel and maintenance
expenses of its employees while they are rendering such aid.
D. 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
employee to the same degree, manner, and extent while engaged in the performance of
the employee's duties extraterritorially under the provisions of this mutual aid agreement.
The provisions of this section shall apply with equal effect to paid, volunteer, and auxiliary
employees.
E. Nothing herein shall prevent the requesting agency from seeking supplemental
appropriations from the governing authority having budgeting jurisdiction, or funds from
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other available sources,to reimburse the assisting agency for any actual costs or expenses
incurred by the assisting agency performing hereunder.
SECTION VII: TERM
This Agreement shall take effect upon execution and approval by the hereinafter named
officials and shall continue in full force and effect through December 31, 2020. If they so
agree in writing, the Sheriff and Chief of Police may extend the term of this Agreement for
a period of up to 120 days.
SECTION VIII: CANCELLATION
A 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: RELATION TO OTHER AGREEMENTS
Nothing herein is intended to abrogate any other agreements, or portions thereof, between
the parties.
SECTION X: MISCELLANEOUS PROVISIONS
A. Policy and Training
Each party shall adopt and enforce written policy that is consistent with this Agreement and
applicable law. Each party shall also train its law enforcement officers on extraterritorial
jurisdiction, including but not limited to the parameters of mutual aid agreements.
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. For joint operations or task forces, the
Sheriff and Chief of Police may agree on which agency will be responsible for maintaining
related forfeiture actions. 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. Also, the
agency pursuing the forfeiture action may recover its reasonable costs from the proceeds
of the case (e.g., filing fee, court reporter fee, attorney time, auction expenses).
Proceeds from forfeited property seized as a result of or in accordance with this Agreement
shall be divided 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
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law enforcement, the parties shall confer to arrive at an appropriate formula.
C. Powers
Nothing in this Agreement shall be construed as any transfer or contracting away of the
powers or functions of one party to the other.
D. Law Enforcement Related Off-Duty Employment
This Agreement does not grant law enforcement powers to City police officers for purposes
of law enforcement related off-duty employment.
E. 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.
F. Conflicts with Florida Mutual Aid Act
In the event of a conflict between the provisions of this Agreement and Florida Statute
23.1225, et seq., the "Florida Mutual Aid Act,"the provisions of the Florida Mutual Aid Act
shall control.
G. Amendments
This Agreement contains the entire understanding between the parties and shall not be
renewed, amended, or extended except in writing.
H. Governing Law and Venue
This Agreement shall be construed in accordance with Florida law. The venue of any
litigation arising hereunder shall be Volusia County, Florida.
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IN WITNESS WHEREOF, the parties to this Agreement have caused the same to be
signed by their duly authorized representatives.
SHERIFF'S OFFICE CITY OF SANFORD POLICE DEPT.
VOLUSIA COUNTY, FLORIDA SEMINOLE COUNTY, FLORIDA
Michael J. ChilwlTd�, eriff Cecil E. Smith, Chief of Police
Date: Date:
FOR USE AND RELIANCE FOR USE AND RELIANCE ONLY
ONLY BY THE SHERIFF OF BY THE CITY OF SANFORD,
VOLUSIA COUNTY, FLORIDA. SEMINOLE COUNTY, FLORIDA.
APPROVED AS TO FORM APPROVED AS TO FORM
AND LEGALITY THIS AND LEGALITY THIS f — 7
DAY OF N. A 201V. DAY OF 201N.
BY: BY-
Peter A. D. McGlashan iam L. Colbert
Sheriffs Legal Advisor anford Police Dept. Legal Advisor
/J
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