2006-05COMBINED
VOLUNTARY COOPERATION AND OPERATIONAL ASSISTANCE
MUTUAL AID AGREEMENT
WTTNESSETH
WHEREAS, THE SUBSCRIBING LAW ENFORCEMENT AGENCIES ARE SO LOCATED
IN RELATION TO EACH OTHER THAT TT IS TO THE ADVANTAGE OF EACH OTHER
TO RECENE AND EXTEND MUTUAL AID IN THE FORM OF LAW ENFORCEMENT
SERVICES AND RESOURCES TO ADEQUATELY RESPOND TO:
(1) CONTINUING, MULTI-JURISDICTIONAL CRIMINAL
ACTNTTY, SO AS TO PROTECT THE PUBLIC PEACE AND
SAFETY, AND PRESERVE LNES AND PROPERTY OF
CITIZENS: AND,
(2) INTENSNE SITUATIONS, INCLUDING, BUT NOT
LIMITED TO, NATURAL OR MANMADE DISASTERS OR
EMERGENCIES AS DEFINED UNDER SECTION 252.34,
FLORIDA STATE STATUTE: AND,
.,
WHEREAS, THE CLERMONT POLICE DEPARTMENT AND THE LEESBURG POLICE
DEPARTMENT HAVE THE 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
ASSISTANCE OF A ROUTINE LAW ENFORCEMENT
NATURE ACROSS JURISDICTIONAL LINES: AND,
(2) 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 LAW ENFORCEMENT AGENCIES HEREBY APPROVE AND
ENTER INTO THIS AGREEMENT WHEREBY EACH OF THE AGENCIES MAY REQUEST
AND RENDER LAW ENFORCEMENT ASSISTANCE TO THE OTHER IN DEALING WITH
ANY VIOLATION OF FLORIDA STATE STATUTE, TO INCLUDE, BUT NOT
NECESSARILY BE LIMITED TO, INVESTIGATING HOMICIDES, SEX OFFENSES,
ROBBERIES, BURGLARIES, THEFTS, GAMBLING, MOTOR VEHICLE THEFTS,
CONTROLLED SUBSTANCES VIOLATIONS, DUI AND TRAFFIC VIOLATIONS, AND
WITH THE BACK-UP SERVICES DURING PATROL ACTNITIES, SCHOOL RESOURCE
OFFICERS ON OFFICIAL DUTY WITHIN 1000 FEET OF A SCHOOL, AND INTER-
AGENCY TASK FORCES ANDIOR JOINT INVESTIGATIONS.
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SECTION II: PROVISIONS 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 RENDER LAW ENFORCEMENT ASSISTANCE TO EACH OTHER 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, CONCERTS, PARADES, ESCAPES FROM
DETENTION FACILITIES, AND INCIDENTS REQUIRING UTILIZATION OF
SPECIALIZED UNITS.
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 FROM WHOM SUCH ASSISTANCE IS REQUESTED. THE AGENCY HEAD
OR AUTHORIZED REPRESENTATIVE WHOSE ASSISTANCE IS SOUGHT SHALL
EVALUATE THE SITUATION AND THE AGENCY'S AVAILABLE RESOURCES,
CONSULT WITH HIS/HER SUPERVISOR IF NECESSARY AND WILL RESPOND IN A
MANNER HEJSHE 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 THE 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 STATE STATUTES OCCURS IN THE PRESENCE OF SAID
PARTY, REPRESENTING, HIS/HER RESPECTIVE AGENCY, HE/SHE SHALL BE
EMPOWERED TO RENDER ENFORCEMENT ASSISTANCE AND ACT IN ACCORDANCE
WITH LAW. SHOULD ENFORCEMENT ACTION BE TAKEN, SAID PARTY SHALL
NOTIFY THE AGENCY HAVING NORMAL JURISDICTION AND UPON THE LATTER'S
ARRIVAL, TURN THE SITUATION OVER TO THEM AND OFFER ANY ASSISTANCE
REQUESTED, INCLUDING, BUT NOT LIMITED TO, A FOLLOW-UP WRITTEN REPORT
DOCUMENTING THE EVENTS AND THE ACTIONS TAKEN. THIS PROVISION SO
PRESCRIBED IN THIS PARAGRAPH IS NOT INTENDED TO GRANT GENERAL
AUTHORITY TO CONDUCT INVESTIGATIONS, SERVE WARRANTS AND/OR
SUBPOENAS OR TO RESPOND WITHOUT REQUEST TO EMERGENCIES ALREADY
ADDRESSED BY THE AGENCY OF NORMAL JURISDICTION, BUT IS INTENDED TO
ADDRESS CRITICAL, LIFE-THREATENING OR PUBLIC SAFETY SITUATIONS,
PREVENT BODILY INJURY TO CITIZENS, OR SECURE APPREHENSION OF
CRIMINALS WHOM LAW ENFORCEMENT MAY ENCOUNTER.
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SECTION 1V: 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 SHALL BE UNDER THE DIlZECT SUPERVISION AND COMMAND OF THE
AGENCY HEAD OR HIS/HER DESIGNEE OF THE AGENCY REQUESTING
ASSISTANCE.
CONFLICTS: WHENEVER AN OFFICER, DEPUTY SHERIFF OR OTHER APPOINTEE IN
RENDERING ASSISTANCE PURSUANT TO THE AGREEMENT, THE OFFICER, DEPUTY
SHERIFF, OR APPOINTEE SHALL ABIDE BY AND BE SUBJECT TO THE RULES AND
REGULATIONS, PERSONNEL POLICES, GENERAL ORDERS AND STANDARD
OPERATING PROCEDURES OF HIS/HER OWN EMPLOYING AGENCY. IF ANY SUCH
RULE, REGULATION, CONTRADICTED, CONTRAVENTED, 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 RISEN 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 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 TT 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
POLICES 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.
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SECTION VI: POWERS, PRIVILEGES, IMMUNITIES, AND COSTS
• A. EMPLOYEES OF THE CLERMONT POLICE DEPARTMENT AND THE
LEESBURG POLICE DEPARTMENT WHEN ACTUALLY ENGAGING IN
MUTUAL COOPERATION AND ASSISTANCE OUTSIDE OF THEIR
JURISDICTIONAL LIMITS BUT INSIDE THIS STATE, UNDER THE
TERMS OF THE 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 THEY 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 Nb PARTY SHALL BE
REQUIIZED TO DEPLETE UNREASONABLY ITS 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 THAT EQUIPMENT AND MUST PAY ANY EXPENSES
INCURRED IN THE OPERATION AND MAINTENANCE OF THAT
• EQUIPMENT.
D. THE AGENCY FURNISHING AID PURSUANT TO THIS AGREEMENT
SHALL COMPENSATE TTS 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 THI5 AGREEMENT.
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B: 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 ACTNITIES
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 THE FORFEITURE
PROCEEDING, BY THE AGENCY PURSUING THE FORFEITURE OF SAID
ASSET(S), UNDER THE FLORIDA CONTRABAND ACT, CHAPTER 932,
FLORIDA STATE STATUTE.
SECTION IX: 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 ~ - 2.~, - ~`~~"1 UNDER NO CIRCUMSTANCES
MAY THIS AGREEMENT BE RENEWED, AMENDED, OR EXTENDED EXCEPT IN
WRITING.
SECTION X: CANCELLATION
ANY PARTY MAY CANCEL ITS PARTICIPATION N THIS AGREEMENT UPON
DELNERY OF WRITTEN NOTICE TO THE OTHER PARTY OR PARTIES.
CANCELLATION WILL BE AT THE DIItECTION OF ANY SUBSCRIBING PARTY.
IN WITNESS WHEREOF, THE
SIGNED ON T DATE SPE IED.
ST ,PHEN GRAH
CHIEF OF POLICE
CLERMONT POLE DEPARTMENT
DATE: ~~l ''~'~Q
R
CITY OF ERMO
DATE: ~`
PARTIES HERETO CAUSE THESE PRESENTS TO BE
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WILLI HRISMAN
CHIEF O OLICE
LEESBURG PO IC i DEPARTMENT
DATE: o ~3 ~~
RON STOCK
CITY MANAGER
CITY OF LEES URG
DATE: y Z~c~
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