Loading...
2001-16 . COMBINED VOLUNTARY COOPERATION AND OPERATIONAL ASSISTANCE MUTUAL AID AGREEMENT BETWEEN THE LAKE COUNTY SHERIFF'S OFFICE AND MUNICIPAL POLICE DEPARTMENTS IN LAKE COUNTY, FLORIDA. . . i . /f)~. ",0 ~(I {~{t +6,01 1${ O( WITNESSETH WHEREAS, THE SUBSCRIBING 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 ADEQUA TEL Y RESPOND TO: CONTINUING, MULTI-JURISDICTIONAL CRIMINAL ACTMTY, 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 DISASTERS OR EMERGENCIES AS DEFINED UNDER SECTION 252.34, FLORIDA STATUTES; AND, WHEREAS, THE BE~OWSIGNED AGENCIES 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 WIDCH: (1) (2) . (1) (2) 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. NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS: SECTION I: PROVISIONS FOR VOLUNTARY COOPERATION EACH OF THE AFORESAID .LA W ENFORCEMENT AGENCIES HEREBY APPROVE AND ENTER INTO TIllS AGREEMENT WHEREBY EACH OF THE AGENCIES MAY REQUEST AND RENDER LAW ENFORCEMENT ASSISTANCE TO THE OTHER IN DEALING WITH ANY VIOLATIONS OF FLORIDA STATUTES TO INCLUDE, BUT NOT NECESSARILY BE LIMITED TO, INVESTIGATING HOMICIDES, SEX OFFENSES, ROBBERIES, BURGLARIES, THEFTS, GAMBLING, MOTOR VEIllCLE THEFTS, CONTROLLED SUBSTANCES VIOLATIONS, DUI VIOLATIONS AND WITH BACKUP SERVICES DURING PATROL ACTIVITIES, SCHOOL RESOURCE OFFICERS ON OFFICIAL DUTY OUT OF THEIR JURISDICTION, SCHOOL SAFETY OFFICERS ENFORCING LAWS WITlllN 1000 FEET OF A SCHOOL, AND INTER-AGENCY TASK FORCES AND/OR JOINT INVESTIGATIONS. SECTION ll: PROVISIONS FOR OPERATIONAL ASSISTANCE . EACH OF THE AFORESAID LAW ENFORCEMENT AGENCIES HEREBY APPROVE AND ENTER INTO TIllS AGREEMENT WHEREBY EACH OF THE AGENCIES MAY REQUEST AND RENDER LAW ENFORCEMENT ASSISTANCE TO THE OTHER TO INCLUDE, BUT NOT NECESSARIL Y BE LIMITED TO, DEALING WITH CIVIL DISTURBANCES, LAW ENFORCEMENT EMERGENCIES, LARGE PROTEST DEMONSTRATIONS, AIRCRAFT DISASTERS, FIRES, HURRICANES, TORNADOES OR OTHER WEATHER-RELATED CRISES, SPORTING EVENTS, CONCERTS, PARADES, ESCAPES FROM DETENTION FACILITIES, AND INCIDENTS "REQUIRING UTILIZATION OF SPECIALIZED UNITS TO INCLUDE BOMB DISPOSAL UNITS AND SPEACIAL WEAPONS AND TACTICS TEAMS. \.J , . . . . . ': .~E~;'ON m: PROCED~OR REQUESTING ASSISTANCE IN THE EVENT THAT A PARTY TO TInS AGREEMENT IS IN NEED OF ASSISTANCE AS SET FORTH ABOVE, AN AUTHORIZED REPRESENTATIVE OF THE AGENCY REQUESTING ASSISTANCE SHALL NOTIFY THE AGENCY HEAD OR InSIHER DESIGNEE FROM WHOM SUCH ASSISTANCE IS REQUESTED. THE AGENCY HEAD OR AUTHORIZED AGENCY REPRESENTATIVE WHOSE ASSISTANCE IS SOUGHT SHALL EVALUATE THE SITUATION AND THE AGENCY'S AVAILABLE RESOURCES, CONSULT WITH InSIHER SUPERVISORS IF NECESSARY AND Wll..L 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 InSIHER JURISDICTION, FOR HOW LONG SUCH ASSISTANCE IS AUTHORIZED AND FOR WHAT PURPOSE SUCH AUTHORITY IS GRANTED. TIllS AUTHORITY MAY BE GRANTED EITHER VERBALLY OR IN WRITING AS THE PARTICULAR SITUATION DICTATES. NO OFFICER OR APPOINTEE SHALL BE EMPOWERED UNDER TInS AGREEMENT TO OPERATE IN THE OTHER AGENCY'S JURISDICTION WITHOUT PRIOR APPROVAL OF THE AGENCY HEAD HAVING NORMAL JURISDICTION. THE AGENCY HEAD'S DECISION IN THESE MATTERS SHALL BE FINAL. SECTION IV: COMMAND AND SUPERVISORY RESPONSmn,.ITY 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 SUPERVISING OFFICER SHALL BE UNDER THE DIRECT SUPERVISION AND COMMAND OF THE AGENCY HEAD OR InSIHER DESIGNEE OF THE AGENCY REQUESTING ASSISTANCE. CONFLICTS: WHENEVER AN OFFICER, DEPUTY SHERIFF OR OTHER APPOINTEE IS RENDERING ASSISTANCE ~URSUANT TO TInS 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 InSIHER OWN EMPLOYING AGENCY. IF ANY SUCH RULE, REGULATION, PERSONNEL POLICY, GENERAL ORDER OR STANDARD OPERATING PROCEDURE IS CONTRADICTED, CONTRAVENED 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. 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 TIllS AGREEMENT, THE AGENCY HEAD OR HISIHER DESIGNEE OF THE REQUESTING AGENCY SHALL BE RESPONSIBLE FOR THE DOCUMENTATION OF SAID COMPLAINT TO ASCERTAIN AT A MINIMUM: 1. 2. 3. 4. THE IDENTITY OF THE COMPLAINANT. AN ADDRESS WHERE THE COMPLAINING PARTY CAN BE CONTACTED. THE SPECIFIC ALLEGATION. 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 HISIHER 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 2 . . . ... . . THE EMPLOYEES OF THE'1rQUESTING AGENCY VIOLATED ANY OF THEIR AGENCY'S POLICIES OR PROCEDURES. SECTION V: LIABll.ITY 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 TIllS AGREEMENT, SUBJECT TO THE PROVISIONS OF SECTION 768.28, FLORIDA STATUTES, WHERE APPLICABLE. SECTION VI: POWERS, PRIVILEGES, IMMUNITIES AND COSTS a. EMPLOYEES OF THE AFORESAID AGENCIES WHEN ACTUALL Y ENGAGING IN MUTUAL COOPERATION AND ASSISTANCE OUTSIDE OF THEIR JURISDICTIONAL LIMITS BUT INSIDE THIS STATE, UNDER THE TERMS OF THIS AGREEMENT, SHALL, PURSUANT TO THE PROVISIONS OF SECTION 23.127(1), FLORIDA STATUTES, 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 THE 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 FURNISIDNG SUCH MUTUAL AID. c. A POLITICAL SUBDIVISION THAT FURNISHES EQUIPMENT PURSUANT TO THIS AGREEMENT MUST BEAR THE COST OF LOSS OR DAMAGE TO THAT EQUIPMENT AND MUST PAY ANY EXPENSE INCURRED IN THE OPERATION AND MAINTENANCE OF THAT EQUIPMENT. d. THE AGENCY FURNISlllNG 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 WHILE THEY ARE RENDERING SUCH AID, INCLUDING ANY AMOUNTS PAID OR DUE FOR COMPENSATION DUE TO PERSONAL INJURY OR DEATH WHILE SUCH EMPLOYEES ARE ENGAGED IN RENDERING SUCH AID. HOWEVER, THE REQUESTING AGENCY MAY COMPENSATE THE ASSISTING AGENCY DURING THE TIME OF THE RENDERING OF SUCH AID AND MAY 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 TIllS AGREEMENT. NOTIHNG HEREIN SHALL REQUIRE ANY SUCH REIMBURSEMENTS OR PAYMENTS. 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 EMPLOYEE TO THE SAME DEGREE, MANNER, AND EXTENT WHILE ENGAGED IN THE PERFORMANCE OF THE EMPLOYEE'S DUTIES EXTRA TERRITORIALL Y UNDER THE PROVISIONS OF TIllS MUTUAL AID AGREEMENT. THE PROVISIONS OF TIllS SECTION SHALL APPLY WITH EQUAL EFFECT TO PAID, VOLUNTEER, AND AUXILIARY EMPLOYEES. f. NOTIDNG HEREIN SHALL PREVENT THE REQUESTING AGENCY FROM REQUESTING SUPPLEMENTAL AP.PROPRIA TIONS FROM THE GOVERNING AUTHORITY HA VING BUDGETING JURISDICTION TO REIMBURSE THE ASSISTING AGENCY FOR ANY ACTUAL COSTS OR EXPENSES INCURRED BY THE ASSISTING AGENCY PERFORMING HEREUNDER. 3 '. . . . - . - . g. NOTIllNG _InS AGREEMENT IS INTENDED OR IS TO BE CONSTRUED AS ANY TRANSFER OR CONTRACTING A WAY OF THE POWERS OR FUNCTIONS OF ONE PARTY HERETO TO THE OTHER. SECTION Vll: LIABILITY INSURANCE EACH PARTY SHALL PROVIDE FOR THEIR OWN INSURANCE POLICIY OR POLICIES AND ANY DEFICIENCY JUDGMENT RENDERED AGAINST THEM. SECTION vßI: FORFEITURE PROVISIONS a. IN THE EVENT AN AGENCY SEIZES ANY REAL PROPERTY, VESSEL, MOTOR VEInCLE, AIRCRAFr, CURRENCY OR - OTHER PROPERTY PURSUANT TO THE FLORIDA CONTRABAND FORFEITURE ACT DURING THE PERFORMANCE OF TInS AGREEMENT, THE AGENCY REQUESTING ASSISTANCE IN THE CASE' OF REQUESTED OPERATIONAL 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 TInS AGREEMENT SHALL TAKE EFFECT UPON EXECUTION AND APPROVAL BY THE HEREINAFTER NAMED OFFICIALS AND SHALL CONTINUE IN FULL FORCE AND EFFECT UNTIL FEBRUARY 1,2009. UNDER NO CIRCUMSTANCES MAY TIllS AGREEMENT BE RENEWED, AMENDED, OR EXTENDED EXCEPT IN WRITING SECTION X: CANCELLATION ANY PARTY MAY CANCEL ITS PARTICIPATION IN TIllS AGREEMENT UPON DELIVERY OF WRITTEN NOTICE TO THE OTHER PARTY OR PARTIES. CANCELLATION WilL BE AT THE DIRECTION OF ANY SUBSCRIBING PARTY. IN WITNESS WHEREOF, THE PARTIES HERETO CAUSE THESE PRESENTS TO BE SIGNED ON THE DATE SPECIFIED. LAKE COUNTY SHERIFF George E. Knupp, Jr. Lake County Sheriff Lake County Sheriffs Office Date CITY OF AST A TULA ~~ . on Sink/ #II~ 1) '.s ChiefofPohce Astatula Police Department Date a,9--30-O/ ~~ ~&:- N tie e '-'?Jfiútt~ For the City of Ástatula .-- Date 8- yo - 0/ 4 . . '. . .CITY OF CLERMONT ~d2ldf Chief of Police Clennont Police ~t Date 1¡ «J/ . CITY OF EUSTIS Robert Tern in Chief of Po Ii Eustis Police Dep~ent -J,. Date SJ;;( ç OI- I CITY OF FRUITLAND PARK . cf.¡r /II. ~ elL- .M. !som Chief of Police Fruitland par~ Department Date 4;11M/ CITY OF GROVELAND ~~ Thomas Mern Chief of Police Groveland Police ~ent Date R;.?;. ð . CITY ö:lJR;:¿ Curtis Robbins Chief of Police Howey Police Depa~t ~ Date --ý. '2!j t) I I J . ~--~ ame 4+a.\Old S. 'Í-Arvi/~ ~,.- Title '\..y\'t~'f0""" . For the City of Clennont Date ~I,...¡.I oJ tù Nam John W. Benton Tit Mayor/Commissioner r the City of Eustis Date April 5. 2001 ¿J~~~)I ~ Name William R. White Title Mayor For the City OfF~ Park Datef)1 . . 2 ~ J()(/ / I Nam - Title ~óZ For the City ofHo ~-In- ~-HilIS Date ;J- 3 0 / I I 5 " . . ~wn CITY OF LADY LAKE ~ Chief of Police Lady Lake Police Deparbnent Date ~. Î - () l CITY OF LEESBURG H. Charles Idell, Jr. Chief of Police Leesburg Police D~arbnÍot Date 1'j23 01 CITY OF MASCOTTE . j~/úL Gene Wadkins Chief of Police Mascotte Police Deparbnent Date 08-13-01 CITY OF MONTVERDE President Town Council City ofMontverde Date CITY OF MOUNT DORA -4?~ T. Randall ScOgg CITY OF TAVARES . ~~~ Chief of Police Tavares Poli~ l21'_~~M)y<;: 'I Dat~ . ~~~ Name William P. R ed Title Mayor -r......n For the ÔéČity of Lady Lake Date ~'Î-a\ Name Title Mayor/Co i sioner For the City of Lees Date 'Ý- 3~ Attest: City Clerk ~-- ~ NeSta y E. Sloan Title Mayor For the City of Mascotte Date 08-13-01 Name Title For the City of Montverde Date J~'~~\~ N e. ~., 'fA . ~K. T~le MAyA/! For the City of Mount Dora Date 6 ~{) .1¡,1( N~me IX>ro A. Keedy TItle CitY Administrator For the City :!51J5,í I Dat dà:'\ I /'R . . . . . . ~.. . . CITY OF UMA TILLA ~I ~ 0- +4-L ougl s Foster Chief of Police Umatilla Police.P!p~~ Date 0(, - l , ~~Q Name Title Mf!lïtHl- For the City of Umatilla Date " - I f- 26lJ I Filed with the Florida Department of Law Enforcement on this day of 7 . 2001.