Loading...
85-R-5RESOLUTION NO. 85-R-5 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA, AUTHOR- IZING THE APPROPRIATE OFFICIALS OF THE CITY OF EDGEWATER, FLORIDA, TO ENTER INTO AN INTERLOCAL OPERATIONAL ASSISTANCE AGREEMENT AND AN INTERLOCAL LAW ENFORCE- MENT VOLUNTARY COOPERATION AGREEMENT FOR THE PURPOSE OF PROVIDING MORE EFFECTIVE AND COORDINATED LAW ENFORCEMENT ACROSS JURISDICTIONAL LINES THROUGHOUT VOLUSIA COUNTY, SUBSTANTIALLY IN ACCORDANCE WITH THE TERMS AND CONDITIONS SET FORTH IN THE ATTACHED AGREEMENTS; REPEALING ALL RESO- LUTIONS IN CONFLICT HEREWITH, AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Edgewater recognizes that criminal activity does not stop at jurisdictional lines, and WHEREAS, the City Council of the City of Edgewater finds that it is in the interest of preserving and pro- tecting the public peace and safety, to provide law enforcement activities across jurisdictional lines, and WHEREAS, the City Council of the City of Edgewater finds that more effective law enforcement activities across jurisdictional lines can be achieved through an Interlocal Operational Assistance Agreement and an Inter - local Law Enforcement Voluntary Cooperation Agreement. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA: SECTION 1: The appropriate officials are hereby authorized and directed to execute and attest the Inter - local Operational Assistance Agreement and the Interlocal Law Enforcement Voluntary Cooperation Agreement for Volusia County, Florida, which provides for and assures that the municipalities in Volusia County will be ade- quately prepared to deal with continuing law enforcement problems across jurisdictional lines and the emergency situations arising thereof, pursuant to the terms and conditions contained in said Agreements, which are attached hereto and made a part hereof. SECTION 2: Deployment of personnel from the City of Edgewater Police Department across juris- dictional lines on routine non -emergency matters must first be authorized, by the Chief of Police of the City of Edgewater, who will in turn forth- with report said assignments to the City Council of the City of Edgewater. SECTION 3: The City Council of the City of Edgewater will be provided monthly reports of all assignments and activities undertaken by the Edge- water Police Department as a result of these Agreements. SECTION 4: That all resolutions or parts of reso- lutions in conflict herewith be and the same are hereby rescinded. SECTION 5: That this Resolution shall take effect immediately upon its adoption by the City Council and approved as provided by law. This Resolution was read and passed by a vote of the City Council of the City of Edgewater, Florida, at a _pp4y4 � meeting of said Council held on the nn day of , 198 E, and approved as provided by law. ROLL CALL VOTE AS FOLLOWS: t I/�.d�CIL ORNE i10%1 TWO � CO CILMAN - ZONE ' _CL COUNCILMAN -, 9E THRIJE UNCILMAN - ZOUR CITY CLERK Authenticated thislt!"'day of vLOA 198_r . and form: Res. 85-R-5 -2- Interlocal Operational Assistance Agreement for Volusia County, Florida This agreement made and entered into this day of J Q2 , 1985, by and between the undersigned parties. Witnesseth: Whereas, the Volusia County ' Sheriff's Department and the Daytona Beach Police Department; Daytona Beach Shores Police Department; DeLand Police Department; Edgewater Police Department; Holly Hill Police Department; Lake Helen Police Department; New Smyrna Beach Police Department; Oak Hill Police Department; Orange City Police Department; Ormond Beach Police Department; Pie3�don Police Department; Ponce Inlet Police Department; Port Orange Police Department; South Daytona Police Department; and Airport Security Force have the authority under Chapter 23.12 Florida Statute, Florida Mutual Aid Act, to enter into an operational assistance agreement and in accordance with the authority granted them hereby agree to the following: Section I: Any law enforcement agency may need assistance in the area of crowd control, containing riot situations, terrorist activity, or coping with any other major occurrence or emergency situation falling short of an uncontrollable or disaster situation because of the possibility of the occurrence of riots, civil disturbances and other major law enforcement problems which may result from various motorcycle gatherings, auto and motorcycle races, Easter vacation. for College Students Worldwide and other yearly functions that occur in the -County of Volbsia or within the unincorporated areas of Volusia County and/or within the corporate limits of any. municipality who are partes-to this agreement. Section II: Ce Sheriff, Chief of PoliD or their designee having the occurrence will be responsible for the day-to-day command, administrative function, resources and facilities when there is a call for assistance occurring within their area of jurisdiction. In the event that the activities occur within the unincorporated area, the Sheriff of Volusia County will assume command. The Sheriff or the Chief of Police having the incident will direct supervisory personnel from the respective law enforcement department, who will be deployed at the command of the Sheriff or the Chief of Police, when there is a call for assistance under Chapter 23.12 Florida Statute, Florida Mutual Aid Act. Each party agrees to furnish equipment, resources and facilities and to render services to each and every other party to the agreement in the case of unusual occurrence or emergency situation in accordance with duly adopted i mutual aid operational plans, whether heretofore or hereafter adopted, detailing the method and manner by which such equipment, resources, facilities, and services are to be made available and furnished; provided however, that no party shall be required to deplete unreasonably its own equipment, resources, facilities, and services in furnishing such mutual aid. Section III: This operational assistance agreement shall be in effect from /// 8/ 1985, through and including, December 31,. 1988. Under no circumstances may the agreement be renewed or extended except in writing. Section IV: All law enforcement agencies who participate in this operational agreement acknowledge that they will retain full responsibility for the compensation, retir'ement, insurance and discipline of their respective personnel. Furthermore, the parties which furnish any aid pursuant to this agreement shall bear the loss or damage incurred to its jurisdictional resources and shall""pay any expenses incurred in the operation. -2- C Section V: Pursuant to.the provisions of Florida Statute 23.127(1), whenever the employees of any law enforcement agency who are parties to this agreement are rendering aid outside their jurisdiction and pursuant to the authority contained in this agreement, such employees shall 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. In Witness Whereof, the parties hereto cause these presents to be signed by their duly authorized officers on the above me,.;S6,4c/d date. - Edwin H. Duff, II, Sheriff/Director -.1 Date Signed of Public Safety, Volusia County, Florid C.W. Willits, Chie Date Signed Daytona Beach Police Department Frank Daraio, Chief Date Signed Daytona Beach Shores Police Department Richard M. Slaughter, Chief Date Signed DeLand Police Department Qatiji. - ➢airs E-At� 'EA" f %%1911 VA Date S4.9ned - Edgewater Police Department , -3- n John P Finn, Chief Date Signed Holly Hill Police Department 2 /-/fr �lS � [-,r 7 r7r r Louis F. Sposato, Chief - Date Signed Lake Helen P ice Department ` ar, Chief Date Signed New Smyrna'Beach Police Department Beve Wyatt, Chief Date Signed Oak Hill Police Department Jerry Fleming, Chief Date Signed Orange City Polices Department Harold E. Burr, Chief Date Signed Ormond QBeacch Department of Public Safety AL'�a C' &W /- George Leary, Chief Date Signed Pierson Police Department ni-18-kS David Thornton, Chief Date Signed Ponce Inlet Police Department 61- David Solana, Chief Date Signed Port Orange Police Department -4- Gary A. Whit Chief South Daytona Police Department Joel Watkins, Chief Airport Police/Security Force, Daytona Beach -5- Date Signed Date Signed Interlocal Law Enforcement Voluntary Cooperation Agreement for Volusia County, Florida Tlbis agreement made and entered into this �O day of l ,p,Jl g v , 1985, by and between the undersigned parties. Witnesseth: Whereas, it is the intent of this agreement because of the existing and continuing routine law enforcement problems especially those that cross jurisdictional lines, and in ..� order to ensure that preparation of Volusia County and its municipalities will be adequate to deal with such activity, protect the public peace and safety, and preserve the lives and property of the people of the county; and Whereas, the Volusia County Sheriff's Department and the Daytona Beach Police Department; Daytona Beach Shores Police Department; DeLand Police Department, Edgewater Police Department; Holly Hill Police Department; Lake Helen Police Department; New Smyrna Beach Police Department; Oak Hill -Police Department; Orange City Police Department; Ormond Beach Police Department; Pierson Police Department; Ponce Inlet Police Department; Port Orange Police Department; South Daytona Police Department; and Airport Security Force have the authority under Chapter 23.12, Florida Statute, Florida Mutual Aid Act, to enterintovoluntary cooperation agreement, and Whereas, any of the aforementioned law enforcement agencies may need assistance in the area of providingdignitary protection or coping with any other major occurrenceor+ emergency situation dealing with routine law enforcement problems dealing with investigating homicides, sex offenses; robberies, assaults, burglaries, larcenies, motor vehicle thefts, drug violations pursuant to Chapter 893, Florida Statute to include backer service during routine A..trol activities outside jurisdictional lines including, but not necessarily limited to, and inter -agency task forces; including fire emergencies when or where there is a need for law enforcement assistance. It is not the intent of this agreement to obligate any police department providing backup services for routine patrol activities to respond outside their adjoining municipalities. Discretion lies with the Chief of Police or his designee acting in his stead to screen all requests for assistance and is given the latitude to provide patrol personnel beyond their adjoining municipalities to include but not limited to, the unincorporated areas to provide backup services for routine patrol activities when he feels a justified emergency situation exists.-- h Now, therefore the parties agreeas follows: Section I: Each party agrees to furnish equipment, resources and facilities and to render services to each and every other party to the agreement in the case of routine -law enforcement assistance; provided however,- that no party shall be required to deplete unreasonably its own equipment, resources, facilities, and services in furnishing such mutual aid. Section II: Thepartieswhich furnish any aid pursuant - to this agreement shall bear the loss or damage incurred to its jurisdictional resources and shall payany expense incurred in the operation. Furthermore, the responding agency or agencies will bear the liability arising from acts undertaken under this agreement. AV Section III: The. parties furnishing aid pursuant to this agreement shall compensate itsemployeesduring the time of the rendering of such aid and shall -defray the actual travel and maintenance expenses of such employees while -2- 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. Section IV: The resources or facilities that are assigned shall be under the immediate command of a supervising officer designated by such assisting party. Such super- vising officer shall be under the direct supervision and command of the Sheriff or requesting Chief of Police, or person exercising the functions thereof. Section V: This agreement shall be in effect from j / /1985, through and including, December 31, 1988. Under no circum- stances may the agreement be renewed or extended except in writing. h Section VI: Whenever the employees of any law enforcement agency who are parties to this agreement are rendering aid outside their jurisdiction and pursuant to the authority contained in this agreement, such employees shall have the same powers, duties, rights, privileges, and immunities as if they were performing their duties in the jurisdiction in which they are normally employed. In Witness Whereof, the parties hereto cause these presents to be signed by their duly authorized officers on the above mentiahed dates. - Edwin H. Duff, IR, Sheriff/Director / Date Signed. of Public Safety, Volusia County, Florida` / C.W. Willits, Chief �` Date Signed Daytona Beach Police Department . -3- Wz' 7-' of-iP- �3r Frank Daraio, Chief Date Signed Daytona �Beach shores Police Department. Richard M. Slaughter, Chief Date Signed Deland Police Department D-�a � DO" -^ F"L N rh q,�y Date Signed Edgewater Police Department Jdhn P. Finn, Chief Date Signed Holly Hill Police Department t W Louis F. Spo ato, Chie Date Signed Lakeaar ce Department f Date Signed New Smyrna Beach Police Department Beve Wyatt, Chief Date Signed - Oak Hill Police Department Jerry Fleming, Chief Orange City Police Department 7, 11.1" e 8tzAA Harold E. Burr, Chief Ormond Beach Department of Publit=Safety Date Signed Date Signed -4- George Leary, Chief Date Signed Pierson Police Department David Thornton, Chief Date Signed Ponce Inlet Police Department -/Y-Bt— David Solana, Chief Date Signed Port Orange Police Department �C'✓�+ �. �� ...v./3 SSA Gary A. Wh' , Chief Date Signed South Daytona Police Department -- Joel Watkins, Chief Date Signed Airport Police/Security Force, Daytona Beach U -5-