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1998-03-03 Drug Task Force Mutual Aid Police & SO TI OKEECHOBEE CO S vrrl~;t CITY OF OKEECHOBEE P13, ICE DEPARTMENT CO OPERATIONAL ASSISTANCE AND OLUNTARY COOPERATION MUIUALAIDA"4ENT WITNES~E~H WHEREAS, the:subscribing Law orcement Agencies, are so located in relation to each other that it is to the advanta of each to receive and extend mutual aid in the form of law enforcement services a resources to adequately respond to: (1) Intensive situations, including, but not limited to, emergencies as defined under Section 25.4, Florida Statutes, and (2) Continuing, multi-jurisdict al law enforcement problems, so as to protect the public peace and safety, and preserve the lives and property of the people; an WHEREAS, the Okeechobee Co Sheriff's Office and the City of Okeechobee Police Department (subscribing L(xw Enforcement Agencies) have the authority under Section 23.1225, Florida Statue , et. seq., The Florida Mutual Aid Act, to enter into a combined mutual aid agreement for law enforcement service which: (1) Permits voluntary cooper i n and assistance of a routine law enforcement nature across jurisdictional lines, and; (2) Provides for rendering of cis sistance in a law enforcement emergency as defined in ction 252.34. NOW, THEREFORE, THEAGEN S AGREE AS FOLLOWS: SECTION I: PROVISIONS FOR OPERATIONAL ASSISTANCE The subscribed Law Enforcement Agencies h r by approve and enter into this Agreement whereby each of the agencies so r resented may request and render law enforcement assistance to the other to inc e, but not necessarily be limited to, dealing with civil disturbances, large protest d onstrations, aircraft disasters, fires, natural or man-made disasters, sporting events, concerts, public school graduations, parades, escapes from detention facilities, an ncidents of limited or continuing criminal conduct requiring utilization of specialized units, such as an Inter-Agency Drug Task Force and/or Joint Investigations. Page 1 0 i ~r~;iivN II PROVISIONS FOR VOL COOPERATION Each of the subscribed Law Enforcement Age ies hereby approve and enter into this Agreement whereby each of the agencies m request and render law enforcement assistance to the other in dealing with any vio tions of Florida Statutes to include, but not necessarily be limited to, investigating ho cides, sex offenses, robberies, assaults, burglaries, larcenies, gambling, mol or vehicle thefts, civil disturbances, escape from a county or state correctional fa it ty, natural or man-made disasters or emergencies as defined in Section 252.34, Flo ' a Statutes, controlled substance violations, pursuant to Chapter 893, Florida St utes, DUI violations, traffic control, backup services during patrol activities, School Resource Officers enforcing laws within 1000 feet of a school or School Board p perty, and inter-agency task forces and/or joint investigations. SECTION III: PROCEDURE FOR REQ G ASSISTANCE In the event that an agency that is a party to this Agreement is in need of assistance as set forth above, such agency shall notify the agency or agencies from whom such assistance is required. The Agency Head or hiE authorized designee whose assistance is sought shall evaluate the situati and his available resources and will respond in a manner he deems appropriate. The Agency Head in whose jurisdiction assist ce is being rendered may determine who is authorized to lend assistance in his juri iction, for how long such assistance is authorized and for what purpose such authori is granted. This authority may be granted either verbally or in writing as the p i ular situation dictates. Should a sworn law enforcement office be in ther subscribed agency's jurisdiction for matters of a routine nature, such as traveli through the jurisdiction on routine business, attending a meeting or going to or fr work, or transporting a prisoner, and a violation of Florida Statutes occurs, whi is a crime of violence or felony of any nature, in the presence of said party, represe i g his/her respective agency, he/she shall be empowered to render enforcement as stance and act in accordance with law. Should enforcement action be taken, said arty shall notify the agency having normal jurisdiction and upon the latter's arrives, turn the situation over to them and offer any assistance requested including, but limited to, a follow-up written report documenting the event and the actions taken. is provision so prescribed in this paragraph is not intended to grant general au rity to conduct investigations, serve warrants and/or subpoenas or to respond with it request to emergencies already being addressed by the agency of normal jurisdiction, but is intended to address critical, life-threatening or public safety situati n , prevent bodily injury to citizens, or secure apprehension of criminals whom the lcvv enforcement officer may encounter. The Agency Head's decision in these matters s 11 be final. Page 2 of T SECTION N COtaAAND AND SUPERVI RY RESPONSIBILITY The personnel and equipment that are assigned by the assisting agency head shall be under the immediate command of a supe ing officer designated by the assisting agency head. Such supervising officer shall under the direct supervision and command of the agency head or his designee f the agency requesting assistance. CONFLICTS: Whenever a Law Enforcement Officer is rend ring assistance pursuant to this Agreement, the Law Enforcement Officer shal bide by and be subject to the rules and regulations, personnel policies, general ers and standard operating procedures of his/her own employer. If any s c rule, regulation, personnel policy, general order or standard operating procedu is contradicted, contravened or otherwise, in conflict with a direct order of a superior officer of the requesting agency, then such rule, regulation, policy, general order or procedure shall control and shall supersede the direct order. HANDLING COMPLAINTS: Whenever there is cause to believe that a com aint has arisen as a result of a cooperative effort as it may pertain to this Agr ment, the Agency Head or his 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 agency can be contacted. 3. The specific allegation. 4. The identity of the employees accused without regard to agency affiliation. If it is determined that the accused is an empl a of the assisting agency, the above information with all pertinent documentation g ered during the receipt and processing of the complaint shall be forwardec I, thout delay to the Agency Head or his designee of the assisting agency for admin s rative review. The requesting agency may conduct a review of the complaint to deter ne 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 policies or procedures. Page 3 of SECTION V 1NDE 94MC ION AND URANCE A. Each party agrees with respect to any it or claim for damages resulting from any and all acts, omissions, negligent or conduct of such parties own employees occurring while engaging i endering 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) ere applicable, and provided that such party shall have control of the def se of any suit or claim to which said duty to indemnify applies. B. Each party shall secure and providesatisfactory proof of liability insurance by one or more of the means specified in Section 768.28 (14)(a) - (d), Florida Statutes (1993) in an amount which is, i he judgement of the governing body of that party, at least adequate to provide the risk to which the party may be exposed. Should the insurance coverage, however provided, of any party be canceled or undergo material change, at party shall notify all parties to this Agreement of such change within ten (1 days of receipt of the notice or actual knowledge of such change. SECTION VL• POWERS, PRIVIIMES, B&IMIIES AND wo o A. Employees of the Okeechobee City Poli Department, when actually engaging in mutual cooperation and assistance o side of their jurisdictional limits, but inside the State of Florida, under the ter s of this Agreement, shall, pursuant to the provisions of Sections 23.127(1), Flor a Statutes, have the same powers, duties, rights, privileges and immunities s if the employee was performing duties inside the employee's political su.bi ivision in which normally employed. B. Each party agrees to furnish necessary rsonnel, equipment, resources and facilities and to render services to each her party to the Agreement as set forth above; provided however, that no F arty shall be required to deplete unreasonably it's own personnel, equip nt, resources, facilities, and services in furnishing such mutual aid. C. A political subdivision that furnishes equ ment pursuant to this part 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 furnishing aid pursuant tot section shall compensate it's employees during the time such aid is re eyed and shall defray the actual travel and maintenance expenses of it's ployees while they are rendering such aid, including any amounts paid or a for compensation due to personal Page 4 of l injury or death while such employees r engaged in rendering such assistance. E. The privileges and immunities from ha i ity, exemption from laws, ordinances and rules, and all pension, insurance, a ief, disability, workers' compensation, salary, death and other benefits that ly to the activity of an employee of an agency when performing the employe ' duties within the territorial limits of the employee's agency apply to the emplo a to the same degree, manner, and extent while engaged in the performan of the employee's duties extraterritorially under the provisions o t 's Mutual Aid Agreement. The provisions of this section shall apply wi equal effect to paid, volunteer, auxiliary, and reserve employees. F. Nothing herein shall prevent the reque t' g agency from requesting supplemental appropriations from the verning authority having budgeting jurisdiction to reimburse the assisting a ncy for any actual costs or expenses incurred by the assisting agency perfo 'ng hereunder. G. Nothing in this Agreement is intended 's to be construed as any transfer or contracting away of the powers or func ' ns of one party hereto to the other. SECTION VII: JOINT DRUG TASK FORCE All provisions of this Mutual Aid Agreement sh apply to the joint Drug Task Force, except that: A. The Sheriff's Office will provide a ellular telephone, a law enforcement radio and a vehicle to the assist' officer from the police department. B. The Sheriff's Office will pay the s 1 and any overtime for the assisting officer from the police departme rit . This will not make the assisting officer an employee of the Sheriffs Office but is based on the grant used to fund the task force. C. There shall be no reimbursement ther than salary and overtime pay due the assisting officer or the Ci of Okeechobee Police Department, and all other benefits due or pay le to or for the assisting officer including, but not limited to, profe ional liability insurance, retirement benefits, matching FICA, and he t /dental/life insurance shall be paid by the Police Department for and ring the assisting officers participation in the Drug Task For . D. 1. Where property subject to f eiture is seized in the course of any investigation where the D Task Force is the primary moving Page 5 of n investigative force, the She Es Office shall have the right and authority to institute forfeiture proceedings in the appropriate forum or court. If the property is forfeited and is currency or is converted to currency by le, the Sheriff's Office will pay over to the Police Department 25 o thereof after deducting all expenses related to the forfeiture p eedings and after recouping any funds it was required top to participate in any federal or state program or grant related the Drug Task Force or the activities resulting in the seizure. 2. If the property seized and f rfeited is other than currency, it shall be divided in as equitable manner as possible giving due regard to the needs of each age and the practicality of usage in the public interest by either agency. In the event of a dispute over division, each agency sha 1 select a mediator and they will in turn select a third mediator to ttle the dispute. The decision of the mediators so selected will he binding and not subject to appeal. 3. Should property subject t rfeiture by reason of being contraband, lost, abandon d, or unclaimed, be seized, and the Police Department is assisting the Sheriff's Office, or vice-versa, under the Operational or Voluntary Assistance provisions of this agreement and the Drug Task Force is either not the primary moving force in the investigation, or is not involved, then the net proceeds of such seizure, if any, after forfeiture, will be shared on an equitable basis; including but not limited to consideration of the following factors: a. The degree of direc articipation of each agency in the law enforcement effort r ulting in the seizure; b. Did either agency originate all the information resulting in the seizure? C. Did either agency p o 'de unique and/or indispensable assistance? d. Does the agency hcrre a demonstrable need for the property? e. Is it in the public interest? f. Any dispute would b settled as set forth in paragraph VII 2. Page 6 of SECTION V11 EFFECTIVE DATE This Agreement shall take effect upon execut' and approval by the hereinafter named officials and shall continue in full forc and effect until December 31, 2000. Under no circumstances may this Agreement he renewed, amended, or extended except in writing. SECTION IK CANCELLATION Any agency may cancel their participation in is Agreement upon delivery of written notice to the other agencies. Cancellation will be at the direction of any subscribing agency. IN VATNESS WHEREOF, the agencies hereto c se these presents to be signed on the date specified. D Edward A. Miller, Sheriff hmund Farrenkopf, C of Police Okeechobee County Sheriff's Office City of Okeechobee Police Department D ` ed Date Signed -70 9, 66 nnit4 5:._ .somas; CMC, City Clerk - J Wes~K;irk, Mayor APPROV R 1✓0~4{EGAL SU ICIENCY: ityof Okeechobee, Florida John R. Cook, City Attorey- Date Signed I certify that a copy of the foregoing signed M t al Aid Agreement was furnished to the Florida Department of Law Enforcement; P.Q. Box 1489; Tallahassee, FL 3230?, within 14 days of signing by all parties, by U.S ail, this LP5k day of 199 ' 9.,j OK Edward A. Miller, Sheriff Okeechobee County Sheriff's Office Page 7 0 7 506 MARCH 3,1998 - REGULAR MEETING - PAGE 2 OF 5 ..v:. U:,'.:..fdi::./ii v..: $::i:.'i';^{'C::.':.l.ii:•i'{On.:'..v:v:. :::..:n:. •,~Ilf* "v , ..i: ::iii:' : Ct?kJN GtL ACT~t. O1SSSIOf~ -1 OTE V. WARRANT REGISTER - City Administrator. A. Motion to approve the Warrant Register for January 1998, Council Member Watford moved to approve the Warrant Register for January 1998, General Fund two hundred thirty-nine _ General Fund $239,397.39 and Public Facilities thousand, three hundred ninety-seven dollars, thirty-nine cents ($239,397.39) and Public Facilities Improvement Fund Improvement Fund $72,971.77. seventy-two thousand, nine hundred seventy-one dollars, seventy-seven cents ($72,971.77); seconded by Council Member Oliver. There being no discussion on this item, vote was as follows: KIRK - YES CHANDLER - YES MARKHAM-YES OLIVER - YES WATFORD - YES MOTION CARRIED. V. AGENDA -Mayor. A. Requests for the addition, deferral or withdrawal of items Mayor Kirk asked whether there were any requests for addition's, deferral's or withdrawal's of items on today's agenda. on today's agenda. Mayor Kirk added new business item V., t VII. UNFINISHED BUSINESS. A. Motion to approve execution of a proposed Council Member Watford moved to approve execution of a proposed Encroachment Agreement between the City and Encroachment Agreement between the City and Merrilee Merrilee J. White; seconded by Council Member Oliver. Following a brief discussion, the vote was as follows: J. White - City Attorney (Exhibit 1). KIRK - YES CHANDLER-YES MARKHAM - YES OLIVER - YES WATFORD - YES MOTION CARRIED. VIII. NEW BUSINESS. A. Motion to approve the execution of a Law Enforcement Council Member Oliver moved to approve the execution of a Law Enforcement Mutual Aid Agreement between the City Mutual Aid Agreement between the City Police Police Department and County Sheriffs Department seconded by Council Member Chandler. _ Department and County Sheriffs Department - City Attorney (Exhibit 2). MARCH 3,1998 - REGULAR MEETING - PAGE 3 OF 5 507, ..;'.:};::u:ao;:::;;:•...u:.. :..:n.:r.,.:, :~....W.~A:o' ..:.tassv.•:.. 't .:.:.:;.;,'a:a• Ct1tltClL ACTItI, DISSSIO N #T 1 E VIII. NEW BUSINESS CONTINUED. A. Motion to approve the execution of a Law Enforcement Following a brief discussion, the vote was as follows: Mutual Aid Agreement between the City Police Department and County Sheriffs Department Continued. KIRK - YES CHANDLER-YES MARKHAM-YES OLIVER - YES WATFORD - YES MOTION CARRIED. B. Motion to approve the City 1998 Grievance Committee Council Member Watford moved to approve the City 1998 Grievance Committee Members: Tommy Raulerson, Jeffrey Members: Tommy Raulerson, Jeffrey Baugh, Lane Baugh, Lane Gamiotea and Cleveland Lamb; and Alternate Members - Terry Russell, Bill Douglas, Bea Castorina and Shane Gamiotea and Cleveland Lamb; and Alternate Members - Burmley; seconded by Council Member Oliver. Terry Russell, Bill Douglas, Bea Castorina and Shane Burmley - City Clerk. KIRK - YES CHANDLER-YES MARKHAM - YES OLIVER - YES z MOTION CARRIED. C.1. a) Motion to read by title only, and set March 17, 1998 as a Council Member Watford moved to read by title only, and set March 17, 1998 as a public hearing date, for proposed public hearing date, for proposed Ordinance No. 710 Ordinance No. 710 regarding a voluntary annexation of 27.14 acres of property owned by Etta Merle Hendry and located regarding a voluntary annexation of 27.14 acres of along the East side of South Parrott Avenue; seconded by Council Member Oliver. property owned by Etta Merle Hendry and located along the East side of South Parrott Avenue - City Attorney (Exhibit 3). b) Vote on motion to read by He only. KIRK - YES CHANDLER - YES MARKHAM•YES OLIVER - YES WATFORD - YES MOTION CARRIED.