Loading...
1797 Voluntary Cooperation Agreement COS/UCFVOLUNTARY COOPERATION AND OPERATIONAL ASSISTANCE MUTUAL AID AGREEMENT BETWEEN THE UNIVERSITY OF CENTRAL FLORIDA AND THE CITY OF SANFORD, FLORIDA 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 Section 252.34, Florida Statutes; 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 and the President of the University of Central Florida have the authority to pursuant to Section 23.1225, Florida Statutes, et seq., the "Florida Mutual Aid Act", to enter into a combined Mutual Aid Agreement for law enforcement service that: (1). Permits voluntary cooperation and assistance of a routine law enforcement nature across jurisdictional lines; and, (2) Provides for rendering of assistance in a law enforcement emergency as defined in Section 252.34, Florida Statutes. Now, therefore, the parties agree as follows: SECTION I. PROVISIONS FOR OPERATIONAL ASSISTANCE The City of Sanford and the President of the University of Central Florida hereby approve and enter into this Mutual Aid Agreement whereby each of the agencies so represented my 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 manmade disasters, sporting events, concerts, parades, escapes from detention facilities, and incidents requiring utilization of specialized units. (A). Both of the subscribed agencies hereby approve and enter into this Mutual Aid Agreement whereby either of the agencies may request and/or render law enforcement assistance to the other in dealing with any violations of Florida Statutes to include, but not necessarily limited to, investigating homicides, sex offenses, robberies, assaults, burglaries, larcenies, gambling, motor vehicle thefts, drug violations, pursuant I I P a g e to Chapter 893, Florida Statutes, back up services during patrol activities, school resource officers on official duty out of their jurisdiction, and interagency task forces and/or joint investigations. (13). 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, without first obtaining permission from the other party of this Mutual Aid Agreement. If an officer is empowered to take law enforcement action by law and this Mutual Aid 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 Mutual Aid Agreement is responsible for concluding the incident as he or she deems appropriate (e.g., uniform traffic citations, 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. (C). If an officer of one party to this Mutual Aid Agreement is working a "Special Event" in the Jurisdiction of the other party to this Mutual Aid Agreement, the sponsor of the "special event" i.e. The Arena or the University of Central Florida Athletics Association is responsible for paying the salary of the officer(s) working the special event. Neither party to this Mutual Aid Agreement shall be responsible for paying the salary of officers of the other party to this Mutual Aid Agreement assigned to work a "special event" unless the other party to the Mutual Aid Agreement is the actual sponsor of the "special event." SECTION Ill. PROCEDURE FOR REQUESTING ASSISTANCE (A). In the event that a party to this Mutual Aid Agreement is in need of assistance as set forth above, such 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 that is 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). Neither party of this Mutual Aid Agreement shall be empowered under this Mutual Aid Agreement to operate in the other agency's geographical jurisdiction without prior approval of the agency with normal jurisdiction. SECTION IV. 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 2 1 P a g e agency. Such supervising officer shall be under the direct supervision and command of the agency requesting assistance. (B). Conflicts. Whenever rendering assistance pursuant to this Mutual Aid Agreement, the party shall abide by and be subject to the rules and regulations, personnel policies, general orders, and standard operation procedures of his 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). 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 Mutual Aid Agreement, the agency head or his 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. 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 of his/her designee of the assisting agency or administrative review. The requesting 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 V. LIABILITY Each party engaging in any mutual cooperation and assistance pursuant to this Mutual Aid Agreement agrees to assume responsibility for the acts, omissions, or conduct of such party's own employees while engaged in rendering such aid pursuant to this Mutual Aid Agreement subject to the provisions of Section 768.28, Florida Statutes, where applicable. SECTION V11. POWERS, PRIVILEGES, IMMUNITIES, AND COSTS (A). Employees of each participating agency, when engaging in mutual cooperation and assistance outside of their jurisdictional limits under the terms of this Mutual Aid Agreement, shall, pursuant to the provisions of Section 23.137(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. 31 Page (B). Each Party agrees to furnish necessary equipment, resources, and facilities, and to render services to each other party to this Mutual Aid Agreement 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. (C). The agency that furnishes equipment 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 Mutual Aid Agreement. The provisions of this section shall apply within equal effect to paid, volunteer, and reserve employees. (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 VII. EFFECTIVE DATE This Mutual Aid Agreement shall take effect upon execution and approval by the hereinafter -named officials and shall continue in full force and effect until January 1, 2019. Under no circumstances may this Mutual Aid Agreement be renewed, amended, or extended except in writing. SECTION Vill. CANCELLATION Either party may cancel their participation in this Mutual Aid Agreement upon delivery of written notice to the other parties. Cancellation will be at the direction of either subscribing party. In Witness Whereof, the parties have caused this Mutual Aid Agreement to be executed and delivered as of the date indicated above. Signature Page Follows: 41 Page ATTEST: THE UNIVERSITY OF CENTRAL FLORiJ)A Richard Beary Dr. J Chief of Police of the University of Central Pres Florida Floris ATTEST: CyntNa Porter City Clerk For use and reliance of the Sanford City Commission only. Approved as to form and legality. f Wflfialrh'L. Colbert City Attorney i Hitt nt of the University of Central CITY OF SANFORD, FLORIDA 1111101 Norml 061" -jr., ICMA-CM. Cecil E,,/Smith Chief of Police A rove 4 as to Form and 5 1 P a g e