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
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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
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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.
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(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:
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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
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