1994-04-20 Drug Task Force/Mutual Aid/Police & SOit
MUTUAL AID IAA
COMBIN;
OPERATIONAL ASSISTANCE ANb
This Agreement is entered ini
and between the Okeechobee Coun
Office") and the Okeechobee
Department"), as follows:
WHEREAS, the undersigned 1
located in relation to each other
each to receive "and extend mu ti
enforcement services and resource
(1) Intensive situations i
emergencies as defined under Sect c
(2) Continuing, multi-jurisdi
so as to protect the public pea e
lives and property of the people, 2
WHEREAS, the Sheriff's Office
the authority under Part I of Chap
the Florida Mutual Aid Act, to en
(1) A requested operations
requesting and rendering of assist i
situations and emergencies, and;
(2) A Voluntary Cooperation
special or routine law enfo
jurisdictional lines;
VOLUNTARY COOPERATION
this 2 day of April, 1994 by
Sheriff's office ("Sheriff's
Police Department ("Police
enforcement agencies are so
that it is to the advantage of
,al aid in the form of law
to adequately respond to:
:luding, but not limited to,
n 252.34 (3), F.S. (1993) and;
:ional law enforcement problems,
and safety, and preserve the
na;
and the Police Department have
.r 23, Florida Statutes (1993),
r into:
Assistance Agreement for the
,ce in law enforcement intensive
Agreement for assistance of a
zement nature that crosses
i
NOW, THEREFORE, the parties a
g
ree as follows:
SECTION I: PROVISIONS FOR OPERATIO
N
AL ASSISTANCE
The aforesaid law enforc
enter into this Agreement whereby
and render law enforcement assis
situations to include, but not ne
with civil disturbances, large I
disasters, fires, natural or man-
concerts, parades, escapes from de
requiring utilization of speciali
SECTION 7`I: PROVISIONS FOR
In addition the law enf
agencies hereby approve and
ch of the agencies may request
to the other in emergency
sarily be limited to, dealing
est demonstrations, aircraft
disasters, sporting events,
facilities and incidences
units.
[ COOPERATION
t agencies hereby approve and
enter into this Agreement whereb
request and render law enforcem
dealing with any routine or spe
violations of the Florida Statute
limited to, investigation homic
assaults, burglaries, larcenies,
drug violations pursuant to Chal
patrol activities, inter-agenc
investigations. It is the primary
Voluntary Cooperation provisions o
for the purpose of forming a j
narcotics violations.
each of the agencies may also
assistance to the other in
law enforcement matters or
including, but not necessarily
, sex offenses, robberies,
ing, motor vehicle thefts,
r 893, backup services during
task force and/or joint
tention of the parties that the
this Agreement are entered into
(city-county Drug Task Force on
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SECTION III: POLICY AND PROCEDUREI
a. In the event that a party)
assistance as set forth above, an
agency requiring assistance shall
his/her designee from whom such as
head or authorized agency represen
shall evaluate the situation and t
consult with his/her supervisors i
a manner he/she deems appropriate
this regard shall be final. Where
of jurisdictional lines, the assi
requesting agency„ head or its c
possible after jurisdictional lii
to this Agreement is in need of
thorized representative of the
citify the agency, agency head or
stance is required. The agency
tive whose assistance is sought
L43 agency's available resources,
necessary and will respond in
The agency head's decision in
istance requires the crossing
ng agency agrees to notify the
.gnee prior to or as soon as
are crossed.
b. The manpower, resources, o
the assisting agency shall be un'
supervising officer designated by
supervising officer or assigned of
officer) shall be under the direct
agency head or his designee of the
c. Should any other violation
the presence of said officers
agencies who are working in furt
conjunction with a requesting age,
render all enforcement assistance
with law.
facilities that are assigned by
3r the immediate command of a
he assisting agency head. Such
,cer (if there is no supervising
supervision and command of the
agency requesting assistance.
f the Florida Statutes occur in
esenting their respective
ce of this Agreement or in
, they shall be empowered to
:essary and act in accordance
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SECTION IV: POWERS. PRIVILEGES. ]
a. Members of either agency
cooperation and assistance outsid
the assisting agency under the
pursuant to the provisions of sect
the same powers, duties, rights,
they were performing their duties
which they are normally employed.
b. Each party agrees to furni
and facilities and to render sex
Agreement as set forth above;
be required to deplete unreasonab
resources, facilities, and service
During the operation of or in fur
formed by the agencies, the Shi
cellular telephone and law enfoi
officer from the Police Departmen
seized and awarded to the Sheriff
Drug Task Force is in existence
discretion, shall permit the ass
Department to use an assigned
Drug Task Force operations.
c. The agency furnishing
Agreement shall bear the loss or
pay any expense incurred in the
d. All the privileges and it
JNITIES t- D COSTS
:n actually engaging in mutual
f the jurisdictional limits of
rms of this Agreement shall,
1 23.127, Florida Statutes have
ivileges and immunities as if
i the political subdivision in
necessary equipment, resources
ces to the other party to the
ad however, that no party shall
i its own manpower, equipment,
in furnishing such mutual aid.
Lerance of the Drug Task Force
iff11 s Office will provide a
sment radio to the assisting
Furthermore, if vehicles are
office during the period the
ie Sheriff's Office, in its
ina officer from the Police
e for and in furtherance of
equipment pursuant to this
ige to such equipment and shall
ation and maintenance thereof.
ties from liability, exemption
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from laws, ordinances and rules, and all pension, insurance,
relief, disability, workers compensation, salary, death and other
benefits which 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 to them to the same degree, manner, and extent
and shall be paid by his or her agency while engaging in the
performance of any of their functions and duties extraterritorial
under the provisions of this Mutual Aid Agreement. The provisions
of this section shall apply with equal effect to paid, volunteer,
and reserve employees. However, during the course of and in
furtherance of the operations directly related to the Drug Task
Force the Sheriff's office shall pay the salary and any overtime
for the officer assigned to the Drug Task Force by the Police
Department. The payment by the Sheriff's office of the salary and
overtime shall not make the assigned police officer its
employee.
e. Nothing herein shall prevent the requesting agency from
requesting supplemental appropriations from the governing authority
have budgeting jurisdiction to reimburse the assisting agency for
any actual costs or expenses incurred by the assisting agency
performing hereunder when assistance is requested under SECTION I:
PROVISIONS FOR OPERATIONAL ASSISTANCE.
SECTION V: REIMBURSEMENT FOR COSTS AND EXPENSES
a. The parties acknowledge and agree that with respect to any
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aid or services provided p ursuar
VOLUNTARY COOPERATION (Drlug Ta
reimbursement for costs or expe
agency other than the salary and
assigned from the Police Departmei
to the Drug Task Force. However
interpreted to prevent the requ
advance to pay for the costs or e:
the assisting agency or its ei
addition to the terms and conditii
benefits due or payable to &
including, but not limited to, pi
retirement benefits, matching.
insurance shall be paid by the Pol.
officer's participation in the Dri
b. The parties acknowledge an
aid or services provided pursuan
OPERATIONAL ASSISTANCE (emergencie
entitled to reimbursement for invef
not limited to, car rentals, hots
expenses reasonably incurred by tl
operational assistance. Reimbursa
does not include compensation to
investigative expenses are to be
under this subsection the assistii
prior written authorization from t
to SECTION II: PROVISIONS FOR
Force), there shall be no
es incurred by the assisting
rertime pay due to the officer
for services related directly
this provision shall not be
ting agency from agreeing in
enses of the operation even if
Loyees benefit therefrom. In
s of Section IV (d), all other
assisting police officer(s)
Eessional liability insurance,
ICA, and health/dental/life
e Department for and during the
Task Force.
agree that with respect to any
to SECTION I: PROVISIONS FOR
the assisting agency shall be
gative expenses including, but
rentals, or other incidental
assisting agency in providing
e expenses under this section
oyees or overtime pay. If
urred by the assisting agency
agency shall first obtain the
requesting agency which shall
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ultimately bear the investigation
SECTION VI: INDEMNIFICATION
Each party agrees with resp
damages resulting from any and all
conduct of such parties own empl
ses.
to any suit or claim for
, omissions, negligence or
occurring while engaging in
rendering aid pursuant to any provision of this Agreement, to hold
harmless, defend and indemnify the other participating party and
its appointees or employees, subject to the provisions of section
768.28, Florida Statutes (1993) where applicable, and provided that
such party shall have control of the defense of any suit or claim
to which said duty to indemnify a ies.
Each party shall secure and
liability insurance by one or m
Section 768.28 (14)(a)-(d), Florin
which is, in the judgment of the c
least adequate to provide the r:
exposed. Should the insurance cov
party be cancelled or undergo mai
notify all parties to this Agreemei
days of receipt of the notice or a
-ovide satisfactory proof of
of the means specified in
Statutes (1993) in an amount
body of that party, at
to which the party may be
B, however provided, of any
7ial change, that party shall
of such change within ten (10)
ual knowledge of such change.
In situations where
or other property is seized by
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any member of the Drug Task
involving operational assistance
Sheriff's office is granted the
otherwise during situations
r voluntary cooperation, the
ity and right to institute
forfeiture proceedings on behalf of the agencies and Drug Task
Force. If currency is seized and awarded under these circumstances
the Sheriff's office will distribute twenty-five percent (25%) of
the currency remaining after ded ting its expenses related to
forfeiture proceedings and after
required to pay to participate in
grant related to the Drug Task For
the seizure. All evidence seized
has recouped any funds it was
federal or state program or
or the activities resulting in
the Drug Task Force shall be
secured and stored by the Sheriff
Should any lost property, a
evidence, as those terms are defi
seized by either party during the
both parties further agree to di
public sale or actions, the i
distributed between the agencies
and Police Department (25%). Indi
procedure may occur with mutual
Office.
property, or unclaimed
by law, be found, located or
of this Agreement,
use of said property through
proceeds of which shall be
Llows: Sheriff's office (75%)
1 exceptions to this disposal
en consent of both parties.
SECTION X: EFFECTIVE DATE
This Agreement shall take of
by the hereinafter named officials
upon execution and approval
shall continue in full force
and effect until November 14, 1995
ess terminated prior thereto
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by any or all of the parties here.
SECTION XI: CANCELLATION
This Agreement may be cancelled by any party upon delivery of
written notice to the other party or parties.
IN WITNESS WHEREOF, the part
be signs n he date specified.
o. L. RA SON,, SHERIFF
OKEECHOBEE COUNTY SHERIFFIPS OFF.
Dated:. i(-j o- Qs4
hereto cause these presents to
a.ca %a .rava.ia.iu a I %.".L "K Vi r W".& V
OKEECHOBEE POLICE DEPARTMENT
Dated:
OKEECHOBEE COUNTY COMMISSfONER
Dated:-~ - a a 9
HOBEE, FLORIDA
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