2001-08-22 Drug Task Force/Mutual Aid/Police & SOMUTUAL AID AGREEMENT
(AMENDEDI
This Amended Agreement is entered into the 22nd
Agreement was entered into the 25th day of May, 1995) by
County Sheriffs Office ("Sheriffs Office") and the Okeechot
Department"), hereinafter referred to, interchangeably, as
Enforcement Agencies".
RECITALS
of August 2001 (Original
d between the Okeechobee
Police Department ("Police
ie "Parties", or the "Law
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 mutual 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 enforcemen problems, so as to protect the
public peace and safety and preserve the lives and property of t e people, and;
WHEREAS, the Sheriffs 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 for the requesting and rendering
of assistance in law enforcement intensive situations and emergencies, and;
b. Voluntary Cooperation Agreements for as
enforcement nature that crosses jurisdictional lines.
of a special or routine law
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NOW, THEREFORE, the Law Enforcement Agencies, as the Parties agree as follows:
The aforesaid Law Enforcement Agencies hereby approve and enter into this Agreement
whereby each of the Agencies may request and render law enforcement assistance to the other
in 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.
a. In addition, the Law Enforcement Agencies hereby approve and enter into the
Agreement whereby each of the agencies may also request nd render law enforcement
assistance to the other in dealing with any routine or special aw enforcement matters, or
violations of the Florida Statutes including, but not necessarily limited to investigation
homicides, sex offenses, robberies, assaults, burglaries, larceni s, gambling, motor vehicle
thefts, backup services during patrol activities, joint investi
pursuant to Florida State Statutes, Chapter 893.
b. It is the primary intention of the Parties that the V
this Agreement are entered into for the purpose of forming and
Narcotics Task Force to investigate narcotics violations.
SECTION III: POLICIES AND PROCEDURE
a. In the event that a party to this Agreement is in need
authorized representative of the agency requiring assistance s
ons, and drug violations
Cooperation provisions of
ining the joint city-county
assistance as set forth, an
1 notify the agency, agency
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head or his/her designee from whom such assistance is requ~red. The agency head or
authorized agency representative from whom assistance is sough shall evaluate the situation
and the agency's available resources, consult with his/her supervisors if necessary and will
respond in a manner he/she deems appropriate. The agency head's decision in this regard shall
be final. Where assistance requires the crossing of jurisdictional lines, the assisting agency
agrees to notify the requesting agency head or its designee prior t or as soon as possible after
jurisdictional lines are crossed.
b. The manpower, resources, or facilities that are assigned by the assisting agency shall
be under the immediate command of a supervising officer designated by the assisting agency
head. Such supervising officer or assigned officers (if there is no supervising officer) shall be
under the direct supervision and command of the agency head, or designee of the agency
requesting assistance.
c. The manpower, resources, or facilities that are assigned by the parties to this
Agreement for the purpose of forming and sustaining the Okeechobee Narcotics Task Force to
investigate narcotics violations shall be under the immediate co and of a supervising officer
designated by the Sheriffs Office. Such supervising officer and the assigned officers shall be
under the direct supervision and command of the agency head, or designee.
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 e empowered to render all
enforcement assistance necessary and act in accordance with law.
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 they were
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performing their duties in the political subdivision in which
b. Each Law Enforcement Agency agrees to furnish the
and facilities and to render services to the other party to the
provided however, that no party shall be required to deplete ui
equipment, resources, facilities, and services in furnishing
c. During the operation of, or in furtherance of the O
formed by the Law Enforcement Agencies, the Sheriffs
communications and law enforcement radio communications
Police Department.
d. During the operation of the Okeechobee Narcotics T
Enforcement Agencies, if vehicles are seized and awarded to 1
period the Okeechobee Narcotics Task Force is in existenc
discretion, shall permit the assisting officer from the Police E
vehicle for and in furtherance of Okeechobee Narcotics Task F
e. The Law Enforcement Agency furnishing any
shall bear the loss or damage to such equipment and shall
operation and maintenance thereof
f. All the privileges and immunities from liability, exemf
rules, and all pension, insurance, relief, disability, workers co
other benefits which apply to the activity of such officers, age
agency when performing their respective functions within
are normally employed.
equipment, resources
t as set forth above;
ably its own manpower,
mutual aid.
ee Narcotics Task Force
ffice will provide wireless
the assisting officer from the
Force formed by the Law
Sheriffs Office during the
the Sheriffs Office, at its
t to use an assigned
e operations.
pursuant to this Agreement
any expense incurred in the
i from laws, ordinances and
ensation, salary, death and
or employees of any such
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.
g. During the course of, and in furtherance of the operations directly related to the
Okeechobee Narcotics Task Force, the Sheriffs Office shall pay the salary and any overtime
for the officer assigned to the Okeechobee Narcotics Task Force b the Police Department. The
payment by the Sheriffs Office of the salary and overtime, h wever, shall not make the
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assigned police officer an employee.
h. Nothing herein shall prevent the requesting agency
appropriations from the governing authority having bud
assisting agency for any actual costs or expenses incurred by i
hereunder when assistance is requested under SECTION I of
i. The provisions of this section shall apply with equal
reserve employees, as applicable.
requesting supplemental
jurisdiction to reimburse the
assisting agency performing
s Agreement.
to paid, volunteer, and
a. The Parties acknowledge and agree, with respect to any aid or services provided
pursuant to SECTION II as it applies to the Okeechobee Narcotics Task Force, that there shall
be no reimbursement for costs or expenses incurred by the assisti g agency other than the salary
and overtime pay due to the officer assigned from the Police Department for services related
directly to the Okeechobee Narcotics Task Force. This provision, however, shall not be
interpreted to prevent the requesting agency from agreeing in advance to pay for the costs or
expenses of the operation even if the assisting agency or its employees benefit therefrom.
b. In addition to the relevant terms and conditions of Section IV (incl), all other benefits
due or payable to an assisting police officer(s) including, but not limited to, professional
liability insurance, retirement benefits, matching FICA, and heal th/dental/life insurance shall
be paid by the Police Department for and during the officer's participation in the Okeechobee
Narcotics Task 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 limite to, car rentals, hotel rentals,
or other incidental expenses reasonably incurred by the assisting agency in providing
operational assistance. If investigative expenses are to incurred b the assisting agency under
this subsection the assisting agency shall first obtain the prior w itten authorization from the
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requesting agency which shall ultimately bear the investi€
expenses under this section does not include compensation to
SECTION VI: INDEMNIFICATION
The Parties agree, with respect to any suit or claim for
all acts, omissions, negligence or conduct of such Parties o
engaging in rendering aid pursuant to any provision of this
on expenses. Reimbursable
loyees or overtime pay.
ges resulting from any and
employees occurring while
to hold harmless, defend
and indemnify the other participating Party and its appointees or employees, subject to the
provisions of Florida State Statutes, Section 768.28, where app, cable, and provided that such
party shall have control of the defense of any suit or claim to which said duty to indemnify
applies.
SECTION VII: INSURANCE
Each Party, respectively, shall secure and provide satisfact
by one or more of the means specified in Florida State Statutes,
an amount which is, in the judgment of the governing body of 1
provide the risk to which the party may be exposed. Should the
provided, of any party be canceled or undergo material change, tr
to this Agreement of such change within ten (10) days of re
knowledge of such change.
a. All evidence seized by the Okeechobee Narcotics T
stored by the Sheriffs Office.
b. In situations where contraband, currency, or other
proof of liability insurance
ction 768.28 (14a - 14d), in
party, at least adequate to
e coverage, however
party shall notify all Parties
t of the notice or actual
Force shall be secured and
is seized by any member
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of the Okeechobee Narcotics Task Force, or otherwise during
assistance or voluntary cooperation, the Sheriffs Office is gi
institute forfeiture proceedings on behalf of the agencies and O
c. Currency awarded shall be distributed between the
Office (80%) and Police Department (20%) of the currency rei
related to forfeiture proceedings and the recoup of any funds
involving operational
the authority and right to
bee Narcotics Task Force.
;ies as follows: Sheriffs
after deducting expenses
uired to pay to participate in
any federal or state program, or grant related to the Okeechobee Narcotics Task Force, or the
activities resulting in the seizure.
SECTION IX: LOST OR ABANDONED PROPERTY
Should any lost property, abandoned property, or unc
are defined by law, be found, located, or seized by either party Agreement, both Parties further agree to dispose of said property
The net proceeds from such disposal, after all expenses, sha
agencies as follows: Sheriffs Office (80%) and Police
exceptions to this disposal procedure may occur with mutual
SECTION X• EFFECTIVE DATE
This Agreement shall take effect upon execution and
officials and shall continue in full force and effect unless
evidence, as those terms
the performance of this
public sale or auction.
be distributed between the
ent (20%). Individual
tten consent of both Parties.
by this hereinafter named
ted by any of the Parties, or
as required by any applicable Florida Statutes related to terms o~ constitutional office.
SECTION X1: CANCELLATION
This Agreement may be terminated by any party upon
other party or Parties.
very of written notice to the
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IN WITNESS WHEREOF, the Parties hereto cause the ;e presents to be signed on the
date specified.
4
O.L. RAULERSO , JR., ERIFF DENNIS W. DAVIS, CHIEF
OKEECHOBEE COUNTY OKEECHOB E POLICE DEPARTMENT
Dated: 'Z2-O 1 Dated:
HO RA E CLIF BETTS HAIRMAN H
BOARD O COUNTY COMMISSIONERS 14
OKEECHOBEE COUNTY, FLORIDA
Dated: 02-&,Q- 0 Dated:
Z 2/n/
IRAB E JAMES KIRK, MAYOR
OF O ECHOBEE, FLORIDA
, _
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