2001-11
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TRANSMITTAL
July 20. 2001
TO:
Gail Eck
Police Department
FROM:
City of Kissimmee
CITY CLERK'S OFFICE
SUBJECT
Combined Voluntary Cooperation and Operational Assistance
Mutual Aid Agreement
ATTACHED IS ONE ORIGINAL OF THE ABOVE MENTIONED AGREEMENT. ONCE
THE ORIGINAL HAVE BEEN SIGNED BY CITY OF CLERMONT PLEASE
FORWARD ONE COpy BACK TO THE ATTENTION OF SANDRA YEAGER FOR
VAUL T/SCANNING.
THANKS,
LINDA
COPY: Tickler File
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COMBINED
VOLUNTARY COOPERATION AND OPERATIONAL ASSISTANCE
MUTUAL AID AGREEMENT
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WHEREAS, .THE SUBSCRIBING LAW ENFORCEMENT AGENCIES ARE SO LOCATED IN
RELATION TO EACH OTHER THAT IT IS TO THE ADVANTAGE OF EACH OTHER TO RECEIVE
AND EXTEND MUTUAL AID IN THE FORM OF LAW ENFORCEMENT SERVICES AND
RESOURCES TO ADEQUATELY RESPOND TO:
CONTINUING, MULTI-JURISDICTIONAL CRIMINAL ACTIVITY, SO AS
TO PROTECT THE PUBLIC PEACE AND SAFETY, AND PRESERVE THE
LIVES AND PROPERTY OF THE CITIZENS: AND,
INTENSIVE SITUATIONS, INCLUDING, BUT NOT LIMITED TO,
NATURAL OR MANMADE DIASTERS OR EMERGENCIES AS DEFINED
UNDER SECTION 252.34, FLORIDA STATUTES: AND,
WHEREAS, THE KISSIMMEE POLICE DEPARTMENT AND THE CLERMONT POLICE
DEPARTMENT HAVE THE AUTHORITY UNDER SECTION 23.12, FLORIDA STATUTES, et seq.,
THE FLORIDA MUTUAL AID ACT, TO ENTER INTO A COMBINED MUTUAL AID AGREEMENT
FOR LAW ENFORCEMENT SERVICE WITH:
(1)
(2)
(1)
PERMITS VOLUNTARY COOPERATION AND ASSISTANCE OF A
ROUTINE LAW ENFORCEMENT NATURE ACROSS JURISDICTIONAL
LINES; AND,
PROVIDES FOR RENDERING OF ASSISTANCE IN A LAW
ENFORCEMENT EMERGENCY.
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(2)
NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS:
SECTION I: PROVISIONS FOR VOLUNTARY COOPERATION
EACH OF THE AFORESAID LAW ENFORCEMENT AGENCIES HEREBY APPROVE AND ENTER
INTO TInS AGREEMENT WHEREBY EACH OF THE AGENCIES MAY REQUEST AND RENDER
LAW ENFORCEMENT ASSISTANCE TO THE OTHER IN DEALING WITH ANY VIOLATIONS OF
FLORIDA STATE STATUTES TO INCLUDE, BUT NOT NECESSARll..Y LIMITED TO,
INVESTIGATING HOMICIDES, SEX OFFENSES, ROBBERIES, BURGLARIES, THEFTS,
GAMBLING, MOTOR VElllCLE TIIEFTS, CONTROLLED SUBSTANCES VIOLATIONS, DUI AND
TRAFFIC VIOLATIONS, AND WITH BACKUP SERVICES DURING PATROL ACTIVITES,
SCHOOL RESOURCE OFFICERS ON OFFICIAL DUTY WITInN 1000 FEET OF A 'SCHOOL, AND
INTER-AGENCY TASK FORCES AND/OR JOINT INVESTIGATIONS.
SECTION II: PROVISIONS FOR OPERATIONAL ASSISTANCE
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EACH OF TIIE AFORESAID LAW ENFORCEMENT AGENCIES HEREBY APPROVE AND ENTER
INTO TInS AGREEMENT WHEREBY EACH OF THE AGENCIES MAY REQUEST AND RENDER
LAW ENFORCEMENT ASSISTANCE TO THE OTHER TO INCLUDE, BUT NOT NECESSARILY BE
LIMITED TO, DEALING WITH CIVIL DISTURBANCES, LAW ENFORCEMENT EMERGENCIES,
LARGE PROTEST DEMONSTRATIONS, AIRCRAFT DIASTERS, FIRE, HURRICANES,
TORNADOES, OR OTHER WEATIIER RELATED CRISES, SPORTING EVENTS, CONCERTS,
PARADES, ESCAPES FROM DETENTION FACILITIES, AND INCIDENTS REQUIRING
UTILIZATION OF.SPECIALIZED UNITS.
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SECTION m: PROCEDURE FOR REQUESTING ASSISTANCE
IN THE EVENT THAT A PARTY TO THIS AGREEMENT IS IN NEED OF ASSISTANCE AS SET
FORTH ABOVE, AN AUTHORIZED REPRESENTATIVE OF THE AGENCY REQUESTING
ASSISTANCE SHALL NOTIFY THE AGENCY HEAD OR mSIHER DESIGNEE FROM WHOM
SUCH ASSISTANCE IS REQUESTED. THE AGENCY HEAD OR AUIHORIZED AGENCY
REPRESENTATIVE WHOSE ASSISTANCE IS SOUGHT SHALL EVALUATE THE SITUATION
AND THE AGENCY'S AVAILABLE RESOURCES, CONSULT WITH mSIHER SUPERVISORS IF
NECESSARY AND WILL RESPOND IN A MANNER HElSHE DEEMS APPROPRIATE.
THE AGENCY HEAD IN WHOSE JURISDICTION ASSISTANCE IS BEING RENDERED MAY
DETERMINE WHO IS AUIHORIZED TO LEND ASSISTANCE IN mSIHER JURISDICTION, FOR
HOW LONG SUCH ASSISTANCE IS AUIHORIZED AND FOR WHAT PURPOSE SUCH
AUTHORITY IS GRANTED. TIllS AUTHORITY MAY BE GRANTED EITHER VERBALLY OR IN
WRITING AS THE PARTICULAR SITUATION DICTATES.
SHOULD A SWORN LAW ENFORCEMENT OFFICER BE IN ANOTHER SUBSCRIBED AGENCY'S
JURISDICTION FOR MATTERS OF A ROUTINE NATURE, 'SUCH AS TRAVELING THROUGH
THE JURISDICTION ON ROUTINE BUISINESS, ATTENDING A MEETING OR GOING TO OR
FROM WORK. OR TRANSPORTING A PRISIONER, AND A VIOLATION OF FLORIDA STATUTES
OCCURS IN THE PRESENCE OF SAID PARTY, REPRESENTING mSIHER RESPECTIVE
AGENCY, HElSHE SHALL BE EMPOWERED TO RENDER ENFORCEMENT ASSISTANCE AND
ACT IN ACCORDANCE WITH LAW. SHOULD ENFORCEMENT ACTION BE TAKEN, SAID
PARTY SHALL NOTIFY THE AGENCY HAVING NORMAL JURISDICTION AND UPON THE
LATIER'S ARRIVAL, TURN THE SITUATION OVER TO THEM AND OFFER ANY ASSISTANCE
REQUESTED INCLUDING, BUT NOT LIMITED TO, A FOLLOW-UP WRITIEN REPORT
DOCUMENTING THE EVENTS AND THE ACTIONS TAKEN. TIllS PROVISION SO PRESCRIBED
IN TIllS PARAGRAPH IS NOT INTENDED TO GRANT GENERAL AUTHORITY TO CONDUCT
INVESTIGATIONS, SERVE WARRANTS AND/OR SUBPOENAS OR TO RESPOND WITHOUT
REQUEST TO EMERGENCIES ALREADY BEING ADDRESSED BY THE AGENCY OF NORMAL
JURISDICTION, BUT IS INTENDED TO ADDRESS CRITICAL, LIFE-THREATENING OR PUBLIC
SAFETY SITUATIONS, PREVENT BODILY INJURY TO CITIZENS, OR SECURE APPREHENSION
OF CRIMINALS WHOM THE LAW ENFORCEMENT OFFICER MAY ENCOUNTER
SECTION IV: COMMAND AND SUPERVISORY RESPONSmILITY
THE PERSONNEL AND EQUIPMENT THAT ARE ASSIGNED BY THE ASSISTING AGENCY
HEAD SHALL BE UNDER THE IMMEDIATE COMMAND OF A SUPERVISING OFFICER
DESIGNATED BY THE ASSISTING AGENCY HEAD. SUCH SUPERVISIN<;1 OFFICER SHALL BE
UNDER THE DIRECT SUPERVISION AND COMMAND OF THE AGENCY HEAD OR mSIHER
DESIGNEE OF THE AGENCY REQUESTING ASSISTANCE.
CONFLICTS: WHENEVER AN OFFICER, DEPUlY SHERIFF OR OTHER APPOINTEE IN
RENDERING ASSISTANCE PURSUANT TO THE AGREEMENT, THE OFFICER, DEPUTY
SHERIFF, OR APPOINTEE SHALL ABIDE BY AND BE SUBJECT TO THE RULES AND
REGULATIONS, PERSONNEL POLICIES, GENERAL ORDERS AND STANDARD OPERATING
PROCEDURES OF mSIHER OWN EMPLOYING AGENCY. IF ANY SUCH RULE, REGULATION,
PERSONNEL POLICY, GENERAL ORDER OR STANDARD OPERATING PROCEDURE is
CONTRADICTED, CONTRA VENTED, OR OTHERWISE IN CONFLICT WITH A DIRECT ORDER
OF A SUPERIOR OFFICER OF THE REQUESTING AGENCY, THEN SUCH RULE, REGULATION,
PERSONNEL .POLICY, GENERAL ORDER OR PROCEDURE SHALL CONTROL AND SHALL
SUPERSEDE THE DIRECT ORDER
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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, TIm AGENCY HEAD OR mS/HER DESIGNEE OF TIm REQUESTING AGENCY
SHALL BE RESPONsmLE FOR TIm DOCUMENTATION OF SAID COMPLAINT TO ASCERTAIN
AT A MINIMUM:
1. TIm IDENTITY OF TIm COMPLAINANT.
2. AN ADDRESS WHERE TIm COMPLAINING PARTY CAN BE CONTACTED.
3. TIm SPECIFIC ALLEGATION.
4. TIm IDENTITY OF TIm EMPLOYEES ACCUSED WITHOUT REGARD AS TO
AGENCY AFFILIATION.
IF IT IS DETERMINED THAT TIm ACCUSED IS AN EMPLOYEE OF TIm ASSISTING AGENCY,
TIm ABOVE INFORMATION, WITH ALL PERTINENT DOCUMENTATION GATImRED DURING
TIm RECEIPT AND PROCESSING OF TIm COMPLAINT, SHALL BE FORWARDED WITHOUT
DELAY TO TIm AGENCY HEAD OR mslHER DESIGNEE OF TIm ASSISTING AGENCY FOR
ADMINISTRATIVE REVIEW. TIm REQUESTING AGENCY MAY CONDUCT A REVIEW OF TIm
COMPLAINT TO DETERMINE IF ANY FACTUAL BASIS FOR TIm COMPLAINT EXISTS AND/OR
WHETImR ANY OF TIm EMPLOYEES OF TIm REQUESTING AGENCY VIOLATED ANY OF
TImIR AGE~CY'S POLICIES OR PROCEDURES.
SECTION V: LIABILITY
EAæ PARTY ENGAGING IN ANY MUTUAL COOPERATION AND ASSISTANCE, PURSUANT
TO TIllS AGREEMENT, AGREES TO ASSUME RESPONSmILITY FOR TIm ACTS, OMISSIONS,
OR CONDUCT OF suæ PARTY'S OWN EMPLOYEES WHILE ENGAGED IN RENDERING SUCH
AID PURSUANT TO TIllS AGREEMENT, SUBJECT TO TIm PROVISIONS OF SECTION 768.28,
FLORIDA STATUTES, WHERE APPLICABLE.
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SECTION VI: POWERS, PRIVILEGES, IMMUNITIES AND COSTS
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a.
EMPLOYEES OF KISSIMMEE POLICE DEPARTMENT AND CLERMONT POLICE
DEPARTMENT WHEN ACTUALLY ENGAGING IN MUTUAL COOPERATION
AND ASSISTANCE OUTSIDE OF TImIR JURISDICTIONAL LIMITS BUT INSIDE
THIS STATE, UNDER THE TERMS OF THE AGREEMENT, SHALL, PURSUANT
TO TIm PROVISIONS OF SECTION 23.127(1), FLORIDA STATUTES, HAVE TIm
SAME POWERS, DUTIES, RIGHTS, PRIVILEGES, AND IMMUNITIES AS IF TIm
EMPLOYEE WAS PERFORMING DUTIES INSIDE TIm EMPLOYEE'S POLmCAL
SUBDIVISION IN WInCH NORMALLY EMPLOYED.
EACH PARTY AGREES TO FURNISH NECESSARY PERSONNEL, EQUIPMENT,
RESOURCES, AND FACILITIES AND TO RENDER SERVICES TO EACH OTHER
PARTY TO TIm AGREEMENT AS SET FORTH ABOVE; PROVIDED, HOWEVER,
THAT NO PARTY SHALL BE REQUIRED TO DEPLETE UNREASONABLY ITS
OWN PERSONNEL, EQUIPMENT, RESOURCES, FACILITIES, AND SERVICES IN
FURNISHING SUCH MUTUAL AID.
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c.
A POLmCAL SUBDIVISION THAT FURNISHES EQUIPMENT PURSUANT TO
TIllS AGREEMENT MUST BEAR TIm COSTS OF LOSS OR DAMAGE TO THAT
EQUIPMENT AND MUST PAY ANY EXPENSE INCURRED IN TIm OPERATION
AND MAINTENANCE OF THAT EQUIPMENT.
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d.
THE AGENCY FURNISIllNG AID PURSUANT TO THIS AGREEMENT SHALL
COMPENSATE ITS APPOINTEESÆMPLOYEES DURING THE TIME SUCH AID IS
RENDERED AND SHALL DEFRAY THE ACTUAL TRAVEL AND
MAINTENANCE EXPENSES OF ITS EMPLOYEES WIllLE THEY ARE
RENDERING SUCH AID, INCLUDING ANY AMOUNTS PAID OR DUE FOR
COMPENSATION DUE TO PERSONAL INJURY OR DEATH WIllLE SUCH
EMPLOYEES ARE RENDERING AID PURSUANT TO THIS AGREEMENT.
HOWEVER, THE REQUESTING AGENCY MAY COMPENSATE THE ASSISTING
AGENCY DURING THE TIME OF THE RENDERING OF SUCH AID AND SHALL
DEFRAY THE ACTUAL TRAVEL AND MAINTENANCE EXPENSES OF SUCH
EMPLOYEES WIllLE THEY ARE RENDERING SUCH AID, INCLUDING ANY
AMOUNTS PAID OR DUE FOR COMPENSATION AS A RESULT OF PERSONAL
INJURY OR DEATH WIllLE SUCH EMPLOYEES ARE RENDERING AID
PURSUANT TO THIS AGREEMENT.
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 EXTRA-TERRITORIALLY
UNDER THE PROVISIONS OF THE MUTIJAL AID AGREEMENT. THE
PROVISIONS OF THE SECTION SHALL APPLY WITH EQUAL EFFECT TO PAID,
VOLUNTEER, AND AUXILIARY EMPLOYEES.
NOTHING HEREIN SHALL PREVENT THE REQUESTING AGENCY FROM
REQUESTING SUPPLEMENTAL APPROPRIATIONS FROM THE GOVERNING
AUTHORITY HAVING BUDGETING JURISDICTION TO REIMBURSE THE
ASSISTING AGENCY FOR ANY AcruAL COSTS OR EXPENSES INCURRED BY
THE ASSISTING AGENCY PERFORMING HEREUNDER
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g.
NOTHING IN THE AGREEMENT IS INTENDED OR IS TO BE CONSTRUED AS
ANY TRANSFER OR CONTRACTING AWAY OF THE POWERS OR FUNCTIONS
OF ONE PARTY HERETO TO THE OTHER
SECTION VB: LIABll..ITY INSURANCE
EACH PARTY SHALL PROVIDE SATISFACTORY PROOF OF LIABILITY INSURANCE
BY ONE OR MORE MEANS SPECIFIED IN SECTION 768.28(15)(a), FLORIDA STATUES,
IN AN AMOUNT WIllCH IS, IN THE JUDGEMENT OF THE .GOVERNING BODY OF
THAT PARTY, AT LEAST ADEQUATE TO COVER THE RISK TO WIllCH THAT PARTY
MAY BE EXPOSED. SHOULD THE INSURANCE COVERAGE, HOWEVER PROVIDED,
OF ANY PARTY BE CANCELLED OR UNDERGO MATERIAL CHANGE, THAT PARTY
SHALL NOTIFY ALL PARTIES TO THIS AGREEMENT OF SUCH CHANGE WITHIN (10)
DAYS OF RECEIPT OF NOTICE OR ACTUAL KNOWLEDGE OF SUCH CHANGE.
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SECTION vDI: FORFEITURE PROVISIONS
a.
IN THE EVENT AN AGENCY SEIZES ANY REAL PROPERTY, VESSEL, MOTOR
VElDCLE, AIRCRAFr, CURRENCY OR OTHER PROPERTY PURSUANT TO THE
FLORIDA CONTRABAND FORFEITURE Acr DURING THE PERFORMANCE OF
TInS AGREEMENf, THE AGENCY REQUESTING ASSISTANCE IN THE CASE
OF REQUESTED OPERATIONAL ASSISTANCE OR THE SEIZING AGENCY IN
THE CASE OF VOLUNTARY COOPERATION SHALL BE RESPONSmLE FOR
MAINTAINING ANY FORFEITURE ACTION PURSUANT TO CHAPTER 932,
FLORIDA STATUTES. THE AGENCY PURSUING 1HE FORFEITURE AcrION
SHALL HAVE THE EXCLUSIVE RIGHT TO CONTROL AND THE
RESPONSmn.ITY TO MAINTAIN THE PROPERTY IN ACCORDANCE WITH
CHAPTER 932, FLORIDA STATUTES, TO INCLUDE, BUT NOT LIMITED TO,
THE COMPLETE DISCRETION TO BRING THE ACTION OR DISMISS THE
ACTION.
SECTION IX: EFFECTIVE DATE
TInS AGREEMENf SHALL T AIΠEFFEcr UPON EXECUTION AND APPROVAL BY
THE HEREINAFTER NAMED OFFICALS AND SHALL CONTINUE IN FULL FORCE AND
EFFEcr UNTIL . UNDER NO CIRCUMSTANCES MAY TInS
AGREEMENT BE RENEWED, AMENDED, OR EXTENDED EXCEPT IN WRITING.
SECTION X: CANCELLATION
ANY PARTY MAY CANCEL ITS PARTICIPATION IN TInS AGREEMENT UPON
DELIVERY OF WRITTEN NOTICE TO THE OTHER PARTY OR PARTIES. .
CANCELLATION Wll.L BE AT THE DIREcrION OF ANY SUBSCRIBING PARTY.
IN WITNESS WHEREOF, THE PARTIES HERETO CAUSE THESE PRESENTS TO BE
SIGNED ON 1HE DAlE SPECIFIED.
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Mark Weime~.'
Cruef of Police
Kissimmee Police Department
Date:
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~ark E. Durbin ~ 1J)~
~fft,. Manager
Citÿ of ~sstmmee
Date: "7 I~ 'Û J
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