AGENDA REQUEST AGENDA ITEM NO: IV.A.5. Consent Agenda No. 1. October 5, 2015 BY City Attorney Robert Fournier Police Captain Rieser SUBJECT:

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1 AGENDA HEADING: Consent Agenda No. 1 AGENDA REQUEST COMMISSION MEETING DATE: October 5, 2015 BY City Attorney Robert Fournier Police Captain Rieser AGENDA ITEM NO: IV.A.5. Originating Department SUBJECT: Department Head Presenter Approval Re: Proposed renewal to the Mutual Aid Agreement and Memorandum of Understanding between the City of Sarasota and the Sarasota County Sheriff s Office providing for a continuation of operation for Property/Evidence and Criminalistics services. COMMISSION PRIORITIES: Business Requirement EXPLANATION: (see next page for additional explanation) The City of Sarasota Police Department and the Sarasota County Sheriff's Office have had a long standing agreement to render one another mutual aid during an emergency event creating an activation of a Continuation of Operations Plan ("COOP"). ADMINISTRATION'S RECOMMENDATION: Motion to approve the Mutual Aid Agreement and Memorandum of Understanding outlined above and to authorize execution by the City Manager on behalf of the City. APPROVAL SUMMARY: Approval Department Head Approval City Auditor and Clerk Approval Required Date Completed Y 09/25/2015 Y 09/25/2015 Completed By Robert Fournier Pamela Nadalini Status APPROVED APPROVED

2 ADDITIONAL EXPLANATION: AGENDA REQUEST In the event of an activation of a Continuation of Operations Plan by either agency, under this agreement, the unaffected agency will provide work space and equipment to assist the affected agency in providing essential Property/Evidence and Criminalistics services or a period of time to not exceed 30 days. Renewing this MOU/Mutual Aid Agreement will provide for continuity of the delivery of services to the community overall and will be mutually beneficial to both SPD and SSO. ADDITIONAL ADMIN RECOMMENDATION: FUNDING SOURCE: AMOUNT: HOUSING IMPACT (Per House): NEW CONSTRUCTION: REHABILITATION: SUPPORT DEPARTMENTS: $ 0 $ 0 City Auditor and Clerk - Pamela M. Nadalini Police - Bernadette DiPino City Attorney - Robert Fournier COMMISSION ACTION: Final Action Motion: Motion By: AGENDA DISPOSITION Second By: Vote: 2

3 MUTUAL AID AGREEMENT AND MEMORANDUM OF UNDERSTANDING BY AND BETWEEN THE AND THE CITY OF SARASOTA, FLORIDA, A MUNICIPAL CORPORATION I. INTRODUCTION This Mutual Aid Agreement and Memorandum of Understanding (hereinafter referred as "AGREEMENT") is entered into between the City of Sarasota, Florida, a municipal corporation (hereinafter referred as the "CITY"), and Sarasota County Sheriff's Office (hereinafter referred as SSO), this day of, WHEREAS, the SSO is a law enforcement agency as defined in (1)(d), Florida Statutes, with Sarasota County, and, WHEREAS, the Sarasota Police Department (hereinafter referred to as "SPD") is a department of the CITY and a law enforcement agency as defined in (l)(d), Florida Statutes, with the City of Sarasota, Florida; and, WHEREAS, the SSO has a Property/Evidence Unit and a Criminalistics Unit established to handle, process and preserve evidence within Sarasota County; and, WHEREAS, SPD currently has a Property/Evidence Unit and a Criminalistics Unit established to handle, process and preserve evidence within the City of Sarasota; and, WHEREAS, it may be necessary in the event of an activation of a Continuation of Operations Plan (hereinafter referred as COOP) by either agency, the unaffected agency will provide work space and equipment to assist the affected agency in providing Property/Evidence and Criminalistics essential services within the City of Sarasota and Sarasota County for a period of time to not exceed 30 days; and, WHEREAS, entering into this MOU will improve the delivery of services to the community overall and will be mutually beneficial to both SPD and SSO. WHEREAS, the subscribed law enforcement agencies have authority under Part 1 of Chapter 23, Florida Statutes, the Mutual Aid Act, to enter into (1) a requested operational assistance agreement for the requesting and rendering of assistance in law enforcement emergencies, and (2) a voluntary cooperation agreement for assistance of a routine law enforcement nature that crosses jurisdictional lines; and WHEREAS, pursuant to Section 2-5(3)gg of the City of Sarasota Code, the City Manager of the City of Sarasota is authorized to administratively approve and execute this AGREEMENT on behalf of the CITY as a Mutual Aid Agreement. 1 of 3

4 Now, therefore, the parties, in consideration of the terms and conditions contained herein, agree as follows: II. RESPONSIBILITIES OF SARASOTA POLICE DEPARTMENT AND 1. SPD and SSO will each continue to operate separate and independent Property/Evidence Units and Criminalistics Units. 2. SPD and SSO may request and render assistance to each other in response to emergency situations requiring the response of Property/Evidence Units and Criminalistics Units. 3. Each agency furnishing services pursuant to this MOU shall compensate its employees during the time such services are rendered, including employee overtime, and shall defray the actual expenses of its employees while they are rendering such services. III. JURISDICTION Command and control of the Property/Evidence Units and Criminalistics Units will be the responsibility of the employing agency. IV. LIABILITY Each agency shall assume the responsibility and liability for the acts and omissions of its own officers, agents or employees in connection with the performance of their official duties under this MOU. For tort liability purposes, no participating agency shall be considered the agent of the other participating agency. Each participating agency shall be liable (if at all) only for the torts of its own officers, agents or employees that occur within the scope of their official duties. Nothing in this Agreement shall be deemed a waiver by the CITY or SSO of their sovereign immunity protections as set forth in , Florida Statutes, or a waiver of any other immunities or protection afforded by state or federal law. V. INSURANCE Each agency, by signing this AGREEMENT, certifies that they are adequately insured or selfinsured to cover the risk to which that party may be exposed. Should the insurance coverage, however provided, of any agency be canceled or undergo material change, that agency shall notify the agency of such change within ten (10) days of receipt of notice or actual knowledge of such change. VI. MODIFICATIONS TO AGREEMENT This agreement may be modified upon the mutual written agreement of the parties. 2 of 3

5 VII. TERM OF AGREEMENT It is agreed that this AGREEMENT will be in force for a period of four years from the date of the signing of this document or until rescinded in writing by either party. The MOU may be terminated at any time by a participating agency by delivering a written notice of termination to the other party. By: Thomas Knight, Sheriff P.O. Box 4115 Sarasota, FL Approved as to form and content By: Major Kurt A. Hoffman General Counsel CITY OF SARASOTA By: Thomas Barwin, City Manager 1565 First Street Sarasota, FL of 3