2015-82 Municipal
Inter-Local Voluntary Cooperation
Mutual Aid Agreement
Town of Oakland
City 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 Oakland Police Department 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 THEREFORE, THE PARTIES AGREE AS FOLLOWS:
Section I. 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.
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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,
joint task forces each agency may be members of such as any City/County
narcotics or homicide task forces, SWAT teams or any other additional task force
units which may be created during the time this agreement is in effect.
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.
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
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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 render enforcement assistance and act in
accordance with 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.
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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.
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,
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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.
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, 2017, 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.
IN WITNESS WHEREOF, THE PARTIES HERETO CAUSE THESE
PRESENTS TO BE SIGNED ON THE DATE SPECIFIED:
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MUNICIPAL
INTER-LOCAL VOLUNTARY COOPERATION
MUTUAL AID AGREEMENT
TOWN OF OAKLAND
Steven Thomas, Chief of Police Dennis Foltz
Town Manager for the Town of
Oakland
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Date: L\ \-1 ‘S
Date: ?/e�/ f
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•
MUNICIPAL
INTER-LOCAL VOLUNTARY COOPERATION
MUTUAL AID AGREEMENT
CITY OF CLERMONT
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Charles Broadway, Chief of Police Darren Gray
City Manager for the City of
Clermont
Date: 9 H (5 Date: Q/10/i5