1818 Sunrail Mutual Aid Agrmt 2017 SUNRAIL
COMBINED OPERATIONAL ASSISTANCE AND VOLUNTARY COOPERATION
MUTUAL AID AGREEMENT 2017
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 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 subscribing parties 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.
Whereas, SunRail is a commuter rail system in Central Florida and, when fully
completed, will connect Deland in Volusia County to Poinciana in Osceola County; and
Whereas, the parties are located along the SunRail line.
Now, therefore, the parties agree as follows:
SECTION I. 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, active shooters,
terrorism incidents, sporting events, concerts, parades, escapes from detention
facilities, and incidents requiring utilization of specialized units.
SECTION 11: 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.
A. When a person reports that a violation of law occurred on a SunRail train, the
party receiving the report shall investigate the offense and try to determine the
jurisdiction in which it occurred. If the jurisdiction in which the offense occurred is
unknown, the party receiving the report shall assume jurisdiction for any follow-up
investigation. If it is determined at any time that the offense occurred in another
jurisdiction, the case shall be referred to the appropriate agency and a written report
provided.
SECTION Ill. 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. 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. The parties are not required to deplete unreasonably their own equipment,
resources, facilities, and services to furnish mutual aid pursuant to this Agreement. 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.
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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. If an officer from one party takes law enforcement action in the jurisdiction of
another party pursuant to this Agreement, he or she shall notify the agency having
jurisdiction as soon as practicable 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.
1. In the following circumstances constituting a law enforcement emergency, the
parties shall be deemed to have requested the operational assistance of the other
parties to apprehend the suspect and to take any other action reasonably necessary to
protect persons or property. If law enforcement action is taken, the responding party
shall notify the party in whose jurisdiction the action occurred as soon as possible.
Officers from the jurisdiction in question may assume the investigation, and the
responding party shall assist as needed. The responding party shall submit a written
report documenting the incident and the actions taken. 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.
I A law enforcement officer from one of the parties witnesses a forcible
felony, as defined by Florida Statute 776.08, or other crime of violence against a
person, on a SunRail train or at a SunRail passenger terminal.
2. A law enforcement officer taking law enforcement action pursuant to
Section 111(1)(1) witnesses a related crime (e.g., resisting).
J. Except for the limited purposes noted in Section III(I), a party is not empowered
under this Agreement to take law enforcement action in the jurisdiction of another party
without specifically contacting the chief law enforcement executive or designee of that
jurisdiction in advance for permission. The decision of that chief law enforcement
executive or designee 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.
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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.
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.
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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
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 chief law enforcement executives of the parties 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
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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 chief law enforcement executives of the parties 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 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 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.
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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
This Agreement shall be construed in accordance with Florida law.
In witness whereof, the parties have caused this Agreement to be executed by the
undersigned persons as duly authorized.
SHERIFF'S OFFICE OF [NAME] COUNTY, FLORIDA
[Name]
as Sheriff of[Name] County, Florida
Date:
FOR USE AND RELIANCE ONLY BY THE
SHERIFF OF [NAME] COUNTY, FLORIDA.
APPROVED AS TO FORM AND LEGALITY
THIS DAY OF 2016.
General Counsel
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SUNRAIL COMBINED OPERATIONAL ASSISTANCE AND VOLUNTARY
COOPERATION MUTUAL AID AGREEMENT 2017
ACCEPTANCE BY:
SHERIFF'S OFFICE OF SEMINOLE COUNTY, FLORIDA
Dennis M. Lemma
as Sheriff of Seminole County, Florida
Date:
Sanford Police Department[Norton N. Bonaparte, City Mana I ith–Chief of
Police
Reviewed and recommended for approval by:
'Cecil Smitfi, Chief of Police
Pursuant to Section 23.1225(3), Florida Statutes, this agreement may be entered into by a chief
executive officer of the agency who is authorized to contractually bind the agency. By signing
below, an indication of such authorization is being made.
City of Sanford
City MarugjEe-r,-NoAon-"N. Bonaparte, Jr.
Date:—
Attest.
Cynthia Porter, City Clerk
Approved as to form
and legal sufficiency.
,V,'- "Willi'a'm L. Colbert, City AftoMey