Contract 2020-017A#2020-17-A
VOLUNTARY COOPERATION AND OPERATIONAL ASSISTANCE
MUTUAL AID AGREEMENT
This agreement is entered into by and between the City of Orlando, a Florida municipal
corporation ("Orlando Police Department"), and the Clermont Police Department.
WHEREAS, the subscribed 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 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 in intensive situations including but not limited to emergencies as
defined under Section 252.34 Florida Statutes; and
WHEREAS, the Clermont Police Department and the Orlando Police Department have the
authority under part I of Chapter 23, Florida Statutes, the Florida Mutual Aid Act, to enter into a
Voluntary Cooperation Agreement for assistance of a routine law enforcement nature that crosses
jurisdictional lines and a Requested Operational Assistance Agreement for the rendering of
assistance in connection with a law enforcement emergency.
NOW THEREFORE, THE PARTIES AGREE AS FOLLOWS:
Section 1. Provisions for Requested Operational Assistance
The aforesaid law enforcement agencies hereby approve and enter into this Agreement
whereby each of the agencies may request or agree to render law enforcement assistance to the
other in law enforcement emergencies to include; but not necessarily be limited to, civil
disturbances, large protest demonstrations, aircraft disaster, fires, natural or man-made disasters,
sporting events, concerts, parades, escapes from detention facilities, incidents requiring utilization
of specialized units, or other emergency as defined in Section 252.34 Florida Statutes.
Section II. Provisions for Voluntary Cooperation
The aforesaid law enforcement agencies hereby approve and enter into this Agreement
whereby each of the agencies may request and render voluntary cooperation and assistance of a
routine law enforcement nature across jurisdictional lines. This assistance may address violations
of any Florida Statute, including by way of illustration and not limitation, investigating homicides,
sex offenses, robberies, assaults, burglaries, larcenies, gambling, motor vehicle thefts, and drug
violations, pursuant to Chapter 893, Florida Statutes, back-up services, inter -agency task forces,
and/or joint investigations including but not limited to, the City/County/State Traffic Enforcement
Unit, Metropolitan Bureau of Investigation, The Special Weapons and Tactics Team, and the
Bomb Disposal Unit.
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Section III. Policy and Procedure
A. In the event that a party to this Agreement is in need of assistance as set forth above, it
shall notify the agency head or his designee from whom such assistance is required.
The agency head or designee whose assistance is sought shall evaluate the situation and
the agency's available resources, consult with his/her supervisors if necessary, and will
respond in a manner he/she deems appropriate. The agency head's decision in this
regard shall be final.
B. 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 head.
Such supervising officer shall be under the direct supervision and command of the
agency head or his designee of the agency requesting assistance.
C. Where investigative priorities arise during a law enforcement operation that may
require the crossing of jurisdictional lines, each party agrees that the agency
administrator or his designee on duty shall notify the agency administrator of the
jurisdiction entered, and request enforcement assistance. The responding agency
administrator or his designee shall evaluate the situation, consult with his appropriate
supervisor if necessary, and, if required, insure that proper enforcement assistance is
rendered.
Section IV. Powers, Privileges, Immunities, and Costs
A. Members of the subscribed law enforcement agencies, when actually engaging in
mutual cooperation and assistance outside of the jurisdictional limits of their respective
agencies, under the terms of this Agreement, shall, pursuant to the provisions of Section
23.127, Florida Statutes, have the same powers, duties, rights, privileges, and
immunities, as if they were performing their duties in the jurisdiction in which they are
normally employed.
B. Each party agrees to furnish necessary equipment, resources, and facilities, and to
render services to each other party to the 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 furnishing aid, pursuant to this Agreement, shall bear the loss or damages
to such equipment, and shall pay any expense incurred in the operation and
maintenance thereof.
D. The agency furnishing aid, pursuant to this Agreement, shall compensate its
appointees/employees during the time such aid is rendered, and shall defray the actual
travel maintenance expenses of such appointees/employees while they are rendering
such aid, including any amounts paid or due for compensation due to personal injury
or death while such appointees/employees are engaged in rendering such aid.
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E. All the privileges and immunities from liability, exemption from laws, ordinances and
rules, and all pension, insurance, relief, disability, worker's compensation, salary,
death, and other benefits that apply to the activity of such officers, agents or employees
of any such agency when performing their respective functions within the territorial
limits of their respective public agencies, shall apply them to the same degree, manner,
and extent while engaged in the performance of any of their functions and duties
extraterritorially under the provisions of this Mutual Aid Agreement. The provisions
of this section shall apply with equal effect to full-time paid, part-time, volunteers, and
reserve members.
Section V. Liability
Each agency shall retain liability for the acts or omissions of its own employees acting
pursuant to this Agreement. Provided, however, that nothing herein shall be construed as, or act
as, a waiver of any Sovereign Immunity that either agency may enjoy as a matter of law.
Section VI. Insurance Provisions
The Clermont Police Department is self -insured in accordance with state or federal law and
regulation and will provide a Certificate of Self -Insurance upon request.
Section VIII: Effective Date
This Agreement shall take effect upon execution and approval by the hereinafter named
officials and shall continue in full force and effect until December 31, 2022, unless terminated
prior thereto by any or all the parties herein.
Section VIII. Cancellation
This agreement may be canceled by either party upon delivery of written notice to the other
party. Cancellation will occur at the direction of any subscribing party.
REMAINDER OF THIS PAGE IS INTENTIONALLY BLANK
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IN WITNESS WHEREOF, THE PARTIES HERETO CAUSE THESE PRESENTS TO BE
SIGNED ON THE DATE SPECIFIED:
CLERMONT POLICE
DEPARTMENT
dh,Trles Broadway,
Chief of Police
Date:
FOR USE AND RELIANCE ONLY BY
THE CITY OF CLERMONT, FLORIDA.
APPROVED AS TObqRM AND
LEGALITY THIS DAY OF
2U204-9,
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ORLANDO POLICE
DEPARTMENT
/��' I,
Orlando Rolon,
Chief of Police
Date: 3
FOR USE AND RELIANCE ONLY BY
THE CITY OF ORLANDO, FLORIDA.
APPROVED AS TO FORM AND
LEGALITY THIS �_ DAY OF
_-'A—ANY, k , 20204-9.
Shannon Gridley-Hetz, As ' tant Ci y Attorney