336-Mutual Aid Agreement ~h3TUAL AID AGREEMENT/APOPKA POLICE DEPARTMENT
AND Sanford Police Department
THIS AGREEMENT entered into this 20th .day of March
19 89 between the Apopka Police Department, a Florida Law Enforcement
Agency, (hereinafter refered to as A,P,D.), and the Sanford
Police Department~ a Florida Law Enforcement (hereinafter referred to
as S.P.D. ), for the purpose of securing to each and to the citizens
the benefits of mutual aid for police protection within the corporate
limits of Sanford , Florida and within the corporate limits
of Apopka, Florida.
WHEREAS, because of existing and continuing law enforcement problems,
especially those that cross Jurisdictional lines, and in order to ensure
that preparation of law enforcement agencies will be adequate to deal
with such activity, protect the public peace and safety, and preserve
the lives and property of the people, voluntary cooperation agreements
betweep law enforcement ~genctes are authorized; and
latERZaSe t]~e Florida MutUal Aid Act has been amended to authorize
voluntary ~peWatton aggeements between law enforcement agencies
~erml[[tn8 yOlu~tary coo~rat~on and assistance across Jurisdictional
ltn~S[ and
WHEREAS, the Apopka Police Department, by virtue of the City of
Apnpka charter~ is responsible for law enforcement services within that
mu~icipality; and the Sanford Police Department, by virtue of
.the City of Sanford charter, Is responsible for law enforcement
elr¥~es I~ CI~C ~ur~Gi~a~ty[ and
MIIERM~, the Apopka police Department, and the Sanford
Pol~a DeV~[Zlie~:, by reaelutions of the respective City Commissions,
have ~he ~hority to enter into a voluntary cooperation agreement
IMi~SUa~t ~e ~ha provision of Part I of Chapter 23, Florida Statutes,
P,O~441 Mutlsi~ Aid Act;
MOW, T~a~aF~ORE, in consideration of the mutual benefits accrutnE
gO gh% p%rt~l, the sufficiency of which is hereby acknowledged, the
pa~lj~$qel he~e (:oteaaBt ~ alltee as follows:
1. TW ;a~ean4 prp~vis~ens of this Agreement shall be bindins
H~ ~e ~t~es from the date of full execution of this ASreement
and shall continue in force and effect until termination by either
party after furnishing thirty (30) days written notice of termination
to the other party.
Page 1 of 5
2. The A.P.D. and S.P.D. mutually covenant and agree to
p~ovide police equipment and personnel to bne another for the purpose
of providing $ssistance as support, back-up or other mutual aid of
a routine law enforcement nature, including but not limited to the
investigation of homicides, sex offenses, robberies, assaults,
burglaries, larcenies, motor vehicle thefts, and drug violations
controlled 0r prohibited by Chapter 893, Florida Statutes, as
circumstances may dictate from time to time.
3. In the event a party to this Agreement is in need of assistance
U~der conditions or circumstances are generally stated above, it shall
notify the other party and that party shall evaluate the situations,
its available manpower and equipment, its resources, and will respond
in a manner and to the extent it deems appropriate.
A responding Department shall not be required to answer requests
[er ~isg~m~ in furnis~n~ Equipment and p~[so~ne~ outside its
Juri~lctt~Wi=~in the ~isc~etion of the p~[ty, or 'his duly authorized
rep~esenta~t~e, i~ is de~ermiDed ~hat the response or answering of
satd =eque~g .~or essista~ge will unreasonably interfere wiuh or Jeopardize
~he pelice pF~ec~ion and safety of the citizens and the property
Within the c~tporate limigs of the responding department.
~. Each party agrees to furnish the necessary equipment, resources
and facilities and to render services to each and every other party to
~he Agreement as set forth above; provided, however, that no party
Shs~ be req~d ~o dep:~e~ ~reasonably i~ own eqUipmen~, resources,
ea~tltgi~$, $~4 s,vviCes ~n fMrnishing such mutual ~id.
~p$$ O~ rssgurces aWail~ble are, but not limited to manpower,
ma~ked ov un~=~ea vehicles, 4-wheel drive vehicles, patrol boats,
[-~Bl~S, 3.~,A.T. units and National/State/County computer network.
~, The paVs~nnel a~d equipment of the party prov~ding assistance
~ be ~d~ ~he direcg supervision and command of the requesting
~a~S$ ~r h~ ~U~y authorized representative during the period of
S~b ~SiS~IM~ ~capt $,W.A~. ~Dits. Whenever an officer or
~mp~y~s 9[ S~ paW~y ~a rendering aid ourside tha~ Agency's
~U[~d~ [~[S~n~ to ~'his agreement and the Florida Mutual Aid
~ ~geh e~ficer or employee shall have the same powers, duties,
rights, privileges and imunities as if he or she were lawfully
perfoming his or her duties within the Jurisdiction he or she is
nomally employed.
Page 2 o£ 5
Such powers are limited and to be exercised only by an officer
or employee while responding to a specific and direct request as
provided herein, or as otherwise provided by law.
Each S.~,A.T. unit shall be under the direct command and super-
V~sion of its own S.W.A.T. Commander. All requests, instructions, and
demands forS.W.A.T. assistance shall be communicated to him or his
designee. In such situations that arise in the context of this
agreement, the S.W.A.T. Commander shall be under supervision of the
requesting agency.
6. Whenever an officer or employee of either party is rendering
aid outside the psrty~s Jurisdiction pursuant to this Agreement and the
Florida Mutual Aid Act, the officer or employee shall abide by and be
subject to the Rules and Regulations, Personnel Policies, General
.O~dars, and Standard Operation Procedure of his or her employer,
although when such Rules, Regulations, Policies, General Orders or
P~dure~ ~upersede~ by ~ direct order o~ a superior officer in
· ~ha re~ues~N ~g~ncy, a~d d~rect order shal~ s~l.er~ede said Rules,
Re~ula~onl~li¢ies, or General Orders.
~. A~y ~$spStch by any party hereto of said equipment and personnel
- pursuant to ~is Agreement is subject to the following conditions and
(a) ~y request for aid hereunder shall include the ~ype
o~ equipment and number of personnel requested, and
shall specify the location to which the equipment
.~per~onnel a~eto be dispatched, bu~ the type of
q~$p!ae~ a~d ~Mmber of personnel tO b~ actually
~g~sl~.d a~aIl be ~etetmtned by the responding
~ee~y. Except ~n emergency situations, any such
~a~$~ shall be in writing. In such emergency
~M~ ~ verbal request is permissable but must
~a ~lpwed by a written request as soon as possible.
~) ~e ~e~ndin8 party'$ equipment and personnel
Ih&l~ b, released by the requesting party when
~b~ R~ices of the responding party are no
~F.l~n[~ ~ ~ ~e~ponding party ar~ needed
~g Z~he area for which it normally furnishes
... ~011Ce protection.
Page 3 of 5
(c) Law Enforcement Officers or other employees
rendering assistance, if requested, shall assist
in ~he transportation and processing of prisoners
during situations involving mass arrests and, if
necessaryt in the operation of temporary detention
facilities.
(d) The A~ency requesting assistance shall be
,responsible for recording radio communication
~o include, but not limited to time enroute, number
of units responding, time of arrival, time of
completion and any other pertinent radio
communication.
(e) Each Law Enforcement Agency will complete a detailed
report and forward a copy to the other Agency.
~.l ~.~ Law Enfo~C.#meqt Agency shall be responsible for all
Of ~{ own ~ge~s and expe.ses of providing m~tual aid, equipment, and
assi~ance. ,E~ch:Law E~forcement Agency shall provide all benefits
and ~Overa~e8 ~o its officers or employees while such officers or
~19~ees are 6ngaged in che performance of any of ~heir functions
a~d d~iesex=ra~erri~orially under the provisions of this mutual
aid ~greemenr as are provided ~o their officers or employees while
SuCh Officers or employees are engaged in the performance of any of
~heir func~ions and duties in ~heir own Jurisdiction. All of
~~ ~ ~, a~ ~Om[~nsation, salary, death and other
~ ~ ~1~ ~o ~e activity of such officers, agents, or
e~lq~ee gf ~B~ Inch agency when performing their respec~ive
~U~¢~OnS W$~h~n the territorial limits of their respective public
IS~C$is 8hlt~ apply to them to the same de~ree, manner and extent
wh~le inSaid in the performance of any of their functions and duties
ex[~a,ierrt~ll~ under the provisions of this mutual aid a~reement.
~W ~Z~vtS~of this section shall apply with equal effect ~o paid,
~Whql~e~ ~ qux~liary employees.
9. ~1 equipment used by the Sanford Police Department
~ ~i=~yln~ out this A~reement will, at the time of any action hereunder,
be o~ed by it and all personnel actinS for the Sanford
Police ~ep~Cment under this A~reement will at the time of such at=ion,
be employees of the Sanford Police Department.
Page 4 of 5
All equipment used by the Apopka Police Department in
carrying out:thisAgreement viii, at the timeor any action hereunder,
be owned by it and all personnel acting for the Apopka Police Department
under this A~reement will, at the time of such action, be employees of
the Apopka Police Department.
10. In the event an agency seizes any vessel, motor vehicle,
aircraft, orother personal property in accordance with the Florida
Contraband Forfeiture Act, Florida Statutes 923.701-704, during the
performance of this agreement, both departments agree to dispose of
the said property in accordance with Florida Statute 932.704 (3) (b).
Prior to a disposition of the said property, the agency requesting
assistance shall have the exclusive right to possess and use the
personal property in accordance with Chapter 932, Florida Statutes.
11. Each Law Enforcement Agency under this Agreement shall bear
the liability for its own employees arising from acts undertaken
un~r,,~the ~f,9~o~ Agreement.
12. Ng~h~ng in thie Agreement is intended or iS to be construed
· slBy tram, Stair or contracting away of the po~era or.functions of one
~a~y here~ ~o the other,
!3, Th~ Agreement shall in no event confer upon any person,
Corporation, partnership, or other entity, including any parties to
~hts A~raement, the right to damages or any other form of relief
iiga~ns~ any party to this Agreement for operations or omissions
he~Un.~er ~n accordance With the terms of this Agreement.
~4. ~ ~,em~n~ ~hall be effective upon i~s approval by
~he C~y C~s~l~, ei~ Council, or other governing body of each
~W ~v~ A~ncy covered herein.
~. In ~h~ ~Vent of any conflict between ~he provisions of
t~S ~reeNn~ end Part I of Chapter 23, Florida Statutes, kno~ as
t~ !~ori~ ~B~i Aid Act", then the provisions of the Florida
~ ~' '~IEFTOm Collins CHIEF ateyen D. Har~iett-
' ': :
'- - - ~T~-~c~ 20, 1989 DATg: 1
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RGETAR ~4y Commission ~pire8 Aug. 20, 1989
MY COMMISSION EXPIRES DEC, 8, 1989