HomeMy WebLinkAboutContract 2025-075A2025-075
Supplemental
Voluntary Cooperation and Operational Assistance Mutual Aid Agreement
W ITNES SETH
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 citizens;
Intensive situations, including, but not limited to, natural or manmade disasters or
emergencies as defined under Section 252.34, Florida State Statute; and
Other violations of Florida Law when a law enforcement officer is outside of
his or her city limits.
WHEREAS, the and the Clermoul Police DepaEtmen 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:
Permits voluntary cooperation and/or assistance of a routine law enforcement nature
across jurisdictional lines; and
Provides for rendering of assistance in a law enforcement emergency.
WHEREAS, the and the CIXEmont Police DellartMgllt 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.
HOW THEREFORE, the parties agree as follows:
SECTION 1: 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.
SECTION II: PROVISIONS FOR OPFtRATIONAL 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, tomadocs, or other weather related crises, sporting events,
community events, concerts, parades, escapes from detention facilities, and incidents requiring
utilization of specialized units, whether such event is administered as a city -organized event or
a private off -duty detail.
SECTION III: PROCEDURES FOR REQUESTING ASSISTANCE
In the event that a parry 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 from 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, censult
with his/her supervisor if necessary and will respond in a manner he/she deems appropriate.
The agency head in whosejurisdiction 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 thejurisdiction on routine business, attending a meeting
or going to or from work ortransporting a prisoner and a violation of Florida State Statutes occurs
in the presence ofmid party, he/sheshall 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
documenting the events and the actions taken.
If one of the parties to this agreement establishes probable cause to arrest any 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
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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
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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.
SECTION V: 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 or regulation is 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.
SECTION VI: HANDLING COMPLAINTS:
Whenever there is cause to believe that a complaint has arisen as a result of a cooperative effort m
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 at a minimum:
The identity of the complainant.
An address where the complaining parry can be contacted.
The specific allegation.
The identity of the employees accused without regard 0 to agency affiliation.
If it is determined that the accused is an employee ofthe 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 ofthe
requesting agency violated any of their agency's policies or procedures.
SECTION VII: 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.
SECTION VIII: POWERS, PRIVILEGES, IMMUNITIES, AND COSTS
Employees of the Gniveland Police Department and the Clermont Police Department, when
actually engaging in mutual cooperation and assistance outside of its jurisdictional limits but
inside the state, 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.
Each party agrees to furnish necessary personnel equipment, resources, and facilities and to render
services to each other parry to this 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 famishing such mutual aid.
A political subdivision that fumishes 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 ofthe rendering of such aid and shall defray the actual travel and maintenance expenses of such
employees while they are rendering such aid, including my amounts paid or due for compensation
as a result of personal injury or death while such employees are rendering aid pursuant to this
agreement.
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.
Nothing herein shall prevent the requesting agency from requesting supplemental appropriations
from the governing authority having budgedngjurisdiction to reimburse the assisting agency for any
actual costs or expenses incurred by the assisting agency performing hereunder.
Nothing in this agreement is intended or is to be considered as any transfer or contracting away of
the power of functions of one party hereto to the other.
SECTION IX: LIABILITY INSURANCE
Each party shall provide satisfactory proof of liability insurance by one or more means specified in
Section 768.28, 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(] 0) days of receipt of notice
of actual knowledge of such change.
SECTION X: FORFEITURE PROVISIONS
In the event an agency seizes 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.
In the event the agency pursuing forfeiture of any Asset(s) aforementioned in paragraph (a), is
awarded the asset(s), under the Florida Contraband Act, chapter 932, Florida State Statute, which
was seized during activities associated with this agreement, the agencies party to this agreement
shall share said assets in an amount of fifty percent (50%) to each agency, after compensation is
paid for the cost incurred during forfeiture proceeding, by the agency pursuing the forfeiture of said
asset(s), under the Florida Contraband Act, chapter 932, Florida State Statute.
SECTION XI: EFFECTIVE DATE
This agreement shall take effect upon approval by the hereinafter -named officials and shall continue
in full force and effect until January 31, 2026. Under no circumstances may this agreement be
renewed, amended, or extended except in writing and signed by all parties hereto.
SECTION XII: 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.
SECTION Xlll: CONFLICTS
To the extent any part of this agreement conflicts with the Interlocal agreement entered into
by the Clermont Police Department and the Grovela_d Police Dernartmrent in March of
2017, the interlocal agreement shall control.
In witness whereof, the parties hereto cause these presents to be signed on the date specified
Xdr -
John D. Graczyk Shawn Ramsey v
Chief of Police Chief of Police
Clermont Police Department Groveland Police Department
Date: 7 /!0 /� Date: 7— 45- Z 1