Loading...
Contract 2024-071A2024-071 A :Municipal Inter -Local voluntary Cooperation NTutual .did Agreement Town of Oakland Cite of Clermont 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 Town of Oakland and Clermont 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 THERFFORE.. THE PARTIES AGREE AS FOLLOWS: Section I. Provisions for Reouested 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 requiting 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 1 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 drsg violations, pursuant to Chapter 893, Florida Statutes, back-up services, inter -agency task forces, and/or joint investigations including but not limited to, joint task forces each agency may be members of such as any City/County narcotics or homicide task forces, SRT teams or any other additional task force units which may be created during the time this agreement is in effect. Section III. Policv 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. D. 1. Should an officer of a participating agency be in another jurisdiction for matters of a routine nature, or investigative nature, such as traveling through the area on routine business, attending a meeting, or going to or from work, and a criminal violation of Florida Statutes occurs in the presence of said officer, and said violation is a felony or other offense constituting a breach of the peace, the officer shall be empowered to 2 render enforcement assistance and act in accordance kvith the law and this Agreement. 2. In the event a law enforcement officer of one of the parties to this Agreement has probable cause to arrest an individual for a felony offense in his/her jurisdiction and requests assistance in the location and apprehension of the suspect, and a law enforcement officer of one of the other parties to this Agreement is in the jurisdiction of the party requesting assistance and observes the suspect, the officer, representing his/her party, shall be empowered to render law enforcement assistance and act in accordance with the law and this Agreement. 3. Prior to enforcement action being taken in the other agency's jurisdiction, the officer shall notify that jurisdiction's Communications Center of the situation. The only exception would be the situation where immediate action is necessary. In that event, the Communications Center shall be notified immediately thereafter. E. Should additional violations of Florida Statutes occur in the presence of said officer, representing his or her respective agency in furtherance of this Agreement, he/she shall be empowered to render enforcement assistance and act in accordance with the law and this Agreement. 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 political subdivision 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. 3 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. 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. Indemnification Each party engaging in any mutual cooperation and assistance, pursuant to this Agreement, agrees with respect to any suit or claim for damages resulting from any and all acts, omissions, or conduct of such party's own appointees/employees occurring while engaging in rendering such aid, pursuant to this Agreement, to hold harmless, defend, and indemnify the other participating party and his appointees/employees, subject to provisions of Section 768.28, Florida Statutes, where applicable and to the extent permitted by law. Any party having a duty to indemnify and defend under this Agreement shall have control of the defense of any suit or claim arising under said duty. Each party shall be responsible for the acts, omissions, or conducts of its own employees. Section VI. Insurance Provisions Each party shall provide satisfactory proof of liability insurance by one or more of the means specified in Section 768.28(14), Florida Statutes, in an amount that is, in the judgment 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 canceled or undergo material change, that party shall notify all parties to this Agreement of such change within ten (10) days of receipt of notice or actual knowledge of such change. 4 Section VII. 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 January 1, 2025, unless terminated prior thereto by any or all the parties herein. Section VIII. Cancellation This agreement may be canceled by any party upon delivery of written notice to the other parties. Cancellation will occur at the direction of any subscribing party. Section IX. Voluntary Investigations On -duty officers from one jurisdiction may conduct investigations, that originate in their jurisdictions, in any of the undersigned jurisdictions. If enforcement action is anticipated, the locations and nature of the investigation will be told to the agency's on -duty communications liaison person. Section X. Handling Complaints � henever 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 said complaint to ascertain as a minimum: l . The identity of the complainant 2. An address or phone number 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 the pertinent documentation gathered during the receipt of the complaint, shall be forwarded w7thout delay to the agency head or his -'her designee for administrative review. The requesting agency may still review the complaint for any violations of their agency policies by its members. IN WITNESS WHEREOF, THE PARTIES HERETO CAUSE THESE PRESENTS TO BE SIGNED ON THE DATE SPECIFIED: 3 MUNICIPAL INTER -LOCAL VOLUNTARY COOPERATION Darron Esan Chief of Police Town of Oakland Date: 13 V,1-Z�2�f MUTUAL. AID AGREEMENT TOWN OF OAKLAND Andy Stewart Town Manager for the Town of Oakland Date: $ 14 -2y MUNICIPAL INTER -LOCAL VOLUNTARY COOPERATION MUTUAL AID AGREEMENT CITY OF CLERMONT y Charles Broadway Chief of Police City of Clermont Date: __ ;�_q 7 d Brian Bulthuis City :Manager for the City of Clermont Date: 7 - Z(� " 2 q