2009-04-28 Drug Task Force/Mutual Aid/Police & SOMUTUAL AID AGREEMENT
(AMENDED)
COMBINED OPERATIONAL ASSISTANCE AND VO
This Amended Agreement is entered into on the 22nd
- Agreement was entered into on the 25`' day of May, 1995, with an E
22nd day of August 2001, and an Amendment on 7`' day of Janu;
Okeechobee County Sheriffs Office ("Sheriffs Office") and the 0
("Police Department"), hereinafter referred to, interchangeably,
Enforcement Agencies".
This Amended Agreement is made as required by Section X
the applicable Florida Statutes related to terms of constitutional off
of County Commissioners).
RECITALS
Y COOPERATION
of April 2009 (Original
endment-entered into on the
2005) by and between the
;chobee Police Department
the "Parties", or the "Law
this Agreement, pursuant to
(Change: Chairman, Board
WHEREAS, the undersigned Law Enforcement Agencies are so located in relation to each
other that it is to the advantage of each to receive and extend m tual aid in the form of law
enforcement services and resources to adequately respond to:
a. Intensive situations including, but not limited to, mergencies as defined under
Florida State Statutes, Section 252.34 (3), and;
b. Continuing, multi-jurisdictional law enforcement problems, so as to protect the
public peace and safety and preserve the lives and property of the people, and;
WHEREAS, the Sheriff s Office and the Police Department have the authority under Florida
State Statutes, Chapter 23, Part I, Florida Mutual Aid Act, to enter into:
a. Requested Operational Assistance Agreements fort the requesting and rendering of
assistance in law enforcement intensive situations and emergencie , and;
b. Voluntary Cooperation Agreements for ass
enforcement nature that crosses jurisdictional lines.
NOW, THEREFORE, the Law Enforcement Agencies, as
ECTION I: PRO
R OPERATION.
The aforesaid Law Enforcement Agencies hereby approve
whereby each of the Agencies may request and render law enforcf
of a special or routine law
Parties, agree as follows:
CE
enter into this Agreement
t assistance to the other in
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emergency situations to include, but not necessarily limited to dealing with civil disturbances, large
protests or demonstrations, aircraft disasters, fires, natural or man-made disasters, sporting events,
concerts, parades, escapes from detention facilities, and incidents requiring utilization of
specialized units.
SECTION II: PROVISIONS FOR VOLUNTARY COOPERATION
a. In addition, the Law Enforcement Agencies hereby approve a d enter into the Agreement
whereby each of the agencies may also request and render law enforcement assistance to the other
in dealing with any routine or special law enforcement matters, or violations of the Florida Statutes
including, but not necessarily limited to investigation homicides, sex offenses, robberies, assaults,
burglaries, larcenies, gambling, motor vehicle thefts, backup services during patrol activities, joint
investigations, and drug violations pursuant to Florida State Statutes, Chapter 893.
b. It continues to be the primary intention of the Parties that he Voluntary Cooperation
provisions of this Agreement are entered into for the purpose of sustaining the joint city-county
Okeechobee Narcotics Task Force (hereinafter referred to as the "Task Force") to investigate
narcotics violations.
SECTION III: POLICIES AND PROCEDURES
a. In the event that a party to this Agreement is in need o:
authorized representative of the agency requiring assistance shall notil
his/her designee from whom such assistance is required. The agenc,
representative from whom assistance is sought shall evaluate the
available resources, consult with his/her supervisors if necessary ar
he/she deems appropriate. The agency head's decision in this rel
assistance requires the crossing of jurisdictional lines, the assisting
requesting agency head or its designee prior to or as soon as possible
crossed.
b. The manpower, resources, or facilities that are assigned by
under the immediate command of a supervising officer designated t
Such supervising officer or assigned officers (if there is no supervisi
direct supervision and command of the agency head, or designe
assistance.
c. The manpower, resources, or facilities that are assigned by i
for the purpose of forming and sustaining the Task Force to investigate
under the immediate command of a supervising officer designated t
supervising officer and the assigned officers shall be under the direct
the agency head, or designee.
assistance as set forth, an
the agency, agency head or
head or authorized agency
>ituation and the agency's
l will respond in a manner
ird shall be final. Where
gency agrees to notify the
after jurisdictional lines are
e assisting agency shall be
the assisting agency head.
officer) shall be under the
of the agency requesting
e parties to this Agreement
narcotics violations shall be
the Sheriffs Office. Such
upervision and command of
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d. Should any other violation of the Florida Statutes occur in the presence of said officers
representing their respective agencies who are working in furtherance of this Agreement or in
conjunction with a requesting agency, they shall be empowered to render all enforcement
assistance necessary and act in accordance with law.
SE
a. Members of either Law Enforcement Agency, when actually engaging in mutual
cooperation and assistance outside of the jurisdictional limits of the assisting agency under the
terms of this Agreement shall, pursuant to the provisions of Florida State Statutes, Section 23.127,
have the same powers, duties, rights, privileges and immunities as if hey were performing their
duties in the political subdivision in which normally employed.
b. Each Law Enforcement Agency agrees to furnish the necessary equipment, resources and
facilities and to render services to the other parry to the Agreement a set forth above; provided
however, that no party shall be required to deplete unreasonably its own manpower, equipment,
resources, facilities, and services in furnishing mutual aid.
c. During the operation of, or in furtherance of the Task Force formed by the Law
Enforcement Agencies, the Sheriffs Office will provide wireless communications and law
enforcement radio communications to the assisting officer from the Police Department.
d. During the operation of the Task Force formed by the Law Enforcement Agencies, if
vehicles are seized and awarded to the Sheriffs Office during the period the Task Force is in
existence, the Sheriffs Office, at its discretion, shall permit the assisting officer from the Police
Department to use an assigned vehicle for and in furtherance of Task Force operations.
e. The Law Enforcement Agency furnishing any equipment purs ant to this Agreement shall
bear the loss or damage to such equipment and shall pay any expense i curred in the operation and
maintenance thereof.
f. All the privileges and immunities from liability, exemption 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 employ es 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 e paid by his or her agency
while engaging in the performance of any of their functions and duti s extraterritorial under the
provisions of this Mutual Aid Agreement.
g. During the course of, and in furtherance of the operati ns directly related to the
Okeechobee Narcotics Task Force, the Sheriffs Office shall pay the alary and any overtime for
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the officer assigned to the Task Force by the Police Department. The payment by the Sheriffs
Office of the salary- and overtime, however, shall not make the assigned police officer an
employee.
h. Nothing herein shall prevent the requesting agency from requesting supplemental
appropriations from the governing authority having 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 of this Agreement.
i. The provisions of this section shall apply with equal effect to
employees, as applicable.
IMBURSEMENT FOR COSTS AND
a. The Parties acknowledge and agree, with respect to any aid c
to SECTION II as it applies to the Task Force, that there shall be no
expenses incurred by the assisting agency other than the salary and ov
assigned from the Police Department for services related directly to thf
however, shall not be interpreted to prevent the requesting agency froi
for any costs or expenses of the operation even if the assisting agen
there from.
b. In addition to the relevant terms and conditions of Section I`
or payable to an assisting police officer(s) including, but not limi
insurance, retirement benefits, matching FICA, and health/dental/life
Police Department for and during the officer's participation in the T
volunteer, and reserve
S
services provided pursuant
reimbursement for costs or
rtime pay due to the officer
Task Force. This provision,
i agreeing in advance to pay
;y or its employees benefit
(incl), all other benefits due
d to, professional liability
isurance shall be paid by the
sk Force.
c. The Parties acknowledge and agree that with respect to any aid or services provided
pursuant to SECTION I, as it pertains to emergencies, the assisting agency shall be entitled to
reimbursement for investigative expenses including, but not limited to, car rentals, hotel rentals, or
other incidental expenses reasonably incurred by the assisting agency in providing operational
assistance. If investigative expenses are too incurred by the assisting agency under this subsection
the assisting agency shall first obtain the prior written authorization from the requesting agency
which shall ultimately bear the investigation expenses. Reimbursable expenses under this section
do not include compensation to employees or overtime pay.
SECTION VI: INDEMNIFICATION
The Parties agree, with respect to any suit or claim for damages resulting from any and all
acts, omissions, negligence or conduct of such Parties own employees 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 Florida
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State Statutes, Section 768.28, where applicable, and provided that suc parry shall have control of
the defense of any suit or claim to which said duty to indemnify apples.
SECTION VII: INSURANCE
Each Party, respectively, shall secure and provide satisfactory p
one or more of the -means-specified -in Florida State Statutes, Sectio
amount which is, in the judgment of the governing body of that party,
the risk to which the parry may be exposed. Should the insurance cov
any parry be canceled or undergo material change, that parry sha
Agreement of such change within ten (10) days of receipt of the notice
change.
SECTION
VIDEN
a. All evidence seized by the Task Force shall be secured and
)of of liability insurance by
-768.28 (14a =--14d),-in-an
.t least adequate to provide
-age, however provided, of
notify all Parties to this
r actual knowledge of such
S
by the Sheriffs Office.
b. In situations where contraband, currency, or other property is seized by any member of
the Task Force, or otherwise during situations involving operational assistance or voluntary
cooperation, the Sheriffs Office is granted the authority and right to ins itute forfeiture proceedings
on behalf of the agencies and Task Force.
c. Currency awarded shall be distributed between the agencies s follows: Sheriffs Office
(80%) and Police Department (20%) of the currency remaining after deducting expenses related to
forfeiture proceedings and the recoup of any funds required to pay to participate in any federal or
state program, or grant related to the Task Force, or the activities resulting in the seizure.
SECTION IX: LOST OR ABANDONED PROPERTY
Should any lost property, abandoned property, or unclaimed e idence, as those terms are
defined by law, be found, located, or seized by either party during the performance of this
Agreement, both Parties further agree to dispose of said property through public sale or auction.
The net proceeds from such disposal, after all expenses, and shall be distributed between the
agencies as follows: Sheriffs Office (80%) and Police Department (2 Individual exceptions
to this disposal procedure may occur with mutual written consent of ~oth Parties.
SECTION X: EFFECTIVE DATE
This Agreement shall take effect upon execution and approva by this hereinafter named
officials and shall continue in full force and effect unless terminated by any of the Parties, or as
required by any applicable Florida Statutes related to terms of consti tional office.
SECTION XI: CANCELLATION
This Agreement may be terminated by any party upon delivery of written notice to the other
party or Parties.
IN WITNESS WHEREOF, the Parties hereto cause these presents to be signed on the date
specified - -
Ho orable P 1 C. May, Sheriff Dennis W. Davis, Chief
Okeechobee County Okeechobee Police Department
Dated: 4-,)9 -0q
Dated: '~I
(~W26*~X~
Honorabl"lif Betts, Vi., Chairman
Board of County Commissioners
Okeechobee County, Florida
Dated: -
Hohorable James Kirk, Mayor
City of Okeechobee, Florida
Dated:
III
III
III
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