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Contract 2024-046A2024-046A Supplemental Voluntary Cooperation and Operational Assistance Mutual Aid Agreement W ITN ESSETH 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: (1) Continuing, multi -jurisdictional criminal activity, so as to protect the public peace and safety, and preserve the lives and property of citizens. (2) Intensive situations, including, but not limited to, natural or manmade disasters or emergencies as defined under Section 252.34, Florida State Statute; and (3) Other violations of Florida Law when a law enforcement officer is outside of his or her city limits. WHEREAS, the Groveland Police Department and the Clermont Police Department have authority under Section 23.12, Florida State Statute, et seq., the Florida Mutual Aid Act, to enter into a combined mutual aid agreement for law enforcement services which: (1) Permits voluntary cooperation and/or assistance of a routine law enforcement nature across jurisdictional lines; and (2) Provides for rendering of assistance in a law enforcement emergency. WHEREAS, the Groveland Police Department and the Clermont Police Department intend to supplement, not replace, or eliminate, the mutual aid agreement entered into in March of 2017 between the Groveland Police Department, Clermont Police Department and other law enforcement agencies within Lake County. 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 this agreement whereby each of the agencies may request and/or render law enforcement assistance to the other in dealing with any violation of the Florida State Statutes, too include, but not necessarily be limited to, investigating homicides, sex offenses, robberies, burglaries, thefts, gambling, motor vehicle thefts, controlled substance violations, DUI checkpoints, DUI and traffic violations, and with back-up services during patrol activities, school resource officers on official duty within 1000 feet of a school, and inter -agency task forces and/or joint investigations, and enforcing traffic laws and conducting accident investigations (pursuant to Florida Attorney General Advisory Legal Opinions 2002-46). Page 1 of 5 SECTION II: PRVISIONS FOR OPERATIONAL ASSISTANCE Each of the aforesaid law enforcement agencies hereby approve and enter into this agreement whereby each of the agencies may request and /or render law enforcement assistance to the other in dealing with any violation of Florida State Statute, to include, but not necessarily be limited to, dealing with civil disturbances, law enforcement emergencies, large protest, demonstrations, aircraft disasters, fire, hurricanes tornadoes, or other weather related crises, sporting events, community events, concerts parades, escapes from detention facilities, incidents requiring utilization of specialized unites. SECTION III: PROCEDURES 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 his/her designee form whom such assistance is requested. The agency head or authorized representative whose assistance is sought shall evaluate the situation and their agency's available resources, consult with this/her supervisor if necessary and will respond in a manner he/she deems appropriate. The agency head in whose jurisdiction assistance is being rendered may determine who is authorized to lend assistance in his/her jurisdiction, 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 a 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 business, attending a meeting or going to or from work or transporting a prisoner and a violation of Florida Sate Statutes occurs in the presence of said party, he/she shall be empowered to render enforcement and act in accordance with law. Should enforcement action be taken, said party shall notify the agency having normal jurisdiction as soon as possible. Upon receiving notice, the agency having normal jurisdiction may elect to send law enforcement officers to the scene and said party shall then turn the situation over to them and offer any assistance requested, including, not limited to, a follow-up written report document the events and the actions taken. If one of the parties of this agreement establishes probable cause to arrest and individual for a crime which occurred within their own jurisdiction and learns that the individual has fled to the jurisdiction of another agency within this agreement, the original officer who has probable cause may contact the jurisdiction for whom the suspect has entered into for permission to arrest said individual across jurisdictional boundaries. This provision shall only be used if the arrest is within a reasonable amount of time after probable cause has been established and a warrant has not yet been obtained. "Reasonableness of time" will not exceed 24-hours after the offense is reported to the agency. SECTION IV: COMMAND AND SUPERVISORY RESPONSIBILITY The personnel and equipment that are assigned by the assisting agency head shall be under the immediate control of a supervising officer designated by the assisting agency head. Supervising officers designated by the assisting agency head shall be under the direct supervision and command of the assisting agency head or his/her designee. CONFLICTS: Whenever an officer or another appointee, in rendering assistance pursuant to this agreement, the officer or appointee shall abide by and be subject to the rules and regulations, personnel policies, general orders and standard operating procedures of his/her own employing agency. If any such rule regulation, contradicted, contravened or otherwise in conflict with a direct order of a superior officer of the requesting agency, then such rules, regulation, personnel policy, general order, or procedures shall control and shall supersede the direct order. Page 2 or 5 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, the agency head or his/her designee of the requesting agency shall be responsible for the documentation of sad 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 or his/her designee of the assisting agency for 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 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 agreement, subject to the provisions of Section 786.28, Florida State Statute, where applicable. A. Employees of the Groveland Police Department and the Clermont Police Department, when actually engaging in mutual cooperation and assistance outside of its jurisdictional limits but inside the stat, under the terms of this agreement, shall pursuant to the provisions of Section 23.127(1) Florida State Statute, have the same powers, duties, rights, privileges and immunities as if the employee was performing duties inside the employee's political subdivision in which normally employed. B. Each party agrees to furnish necessary personnel equipment, resources and facilities and to render services to each other party to this agreement as set forth above; provided, however, that no party shall be required to deplete unreasonably to own personnel, equipment, resources, facilities and services in furnishing such mutual aid. C. A political subdivision that furnishes equipment pursuant to this agreement must bear the costs of loss or damage to the equipment and must pay any expenses incurred in the operation and maintenance of that equipment. 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 and maintenance expenses of its employees while they are rendering such aid, including any amounts paid or due for compensations due to personal injuries or death while 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 while they are rendering such aid, including any amounts paid or due for compensation as a result of personal injury or death while such employees are rendering aid pursuant to this agreement. Page 3 or 5 The privileges and immunities for 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 -territorial under the provisions of the mutual aid agreement. The provisions of the section shall apply with equal effect, paid, volunteer and auxiliary 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 for any actual costs or expenses incurred by the assisting agency performing hereunder. G. Nothing in this agreement is intended or is to be considered as any transfer or contracting away of the power of functions of tone party hereto to the other. SECTION VII: LIABILITY INSURANCE Each party shall provide satisfactory proof of liability insurance by one or more means specified in Section 768.28(6)(a), Florida State Statute in any amount which is, in the judgement of the governing body of that party, at least adequate to cover the risk to which that party may be exposed, should the insurance coverage, however provided, of any party be cancelled or undergoes material change that party shall notify all parties to this agreement of such change within ten (10) days of receipt of notice of actual knowledge of such change. SECTION VIII: FORFEITURE PROVISIONS In the event an agency seized any real property, vessel, motor vehicle, aircraft, currency, or other property pursuant to the Florida Contraband Forfeiture Act during the performance of this agreement, the agency requesting assistance in the case is requested operation assistance and the seizing agency in the case of voluntary cooperation shall be responsible for maintaining any forfeiture action pursuant to Chapter 932, Florida Statutes. The agency pursuing the forfeiture action shall have the exclusive right to control and the responsibility to maintain the property in accordance with Chapter 932, Florida Statutes, to include, but not be limited to, the complete discretion to bring the action, dismiss the action and/or retain the proceeds. SECTION IX: EFFECTIVE DATE This agreement shall take effect upon and approval by the hereinafter -named officials and shall continue in full force and effect until January 31, 2025. Under no circumstances may this agreement be renewed, amended, or extended except in writing and signed by all parties hereto. SECTION X: CANCELLATION Any party may cancel its participation in this agreement upon delivery of written notice to the other party or parties. Cancellation will be at the direction of any subscribing party. Page 4 of 5 SECTION XI: CONFLICTS To the extent any part of this agreement conflicts with the interlocal agreement entered into by the Clermont Police Department and the Groveland Police Department in March of 2017, the interlocal agreement shall control. J- Charles Bro way lt Chief of Police Clermont Police Department Date Tim Murry Mayor City of Clermont .211�)l aoaq Date � ,",> Shawn Ramsey Chief of Police Groveland Police Department /;Zhih, -,? Date 'L4�Evelyn'�Wilson Mayor City of Groveland 9 A 0 D,,3 / / Date Page 5 of 5