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2013-07-18 Drug Task Force/Mutual Aid/Police & SO MUTUAL AID AGREEMENT (AMENDED) COMBINED OPERATIONAL ASSISTANCE AND VOLUNTARY COOPERATION This Amended Agreement is entered into on the 18th day of July 2013 (Original Agreement was entered into on the 25th day of May, 1995) by and between the Okeechobee County Sheriff's Office ("Sheriffs Office") and the Okeechobee Police Department ("Police Department"), hereinafter referred to, interchangeably, as the "Parties", or the "Law Enforcement Agencies". This Amended Agreement is made as required by Section IV(g) of this Agreement, pursuant to the Sheriff's Office payment of the salary and any overtime for the officer assigned to the Okeechobee Narcotics Task Force by the Police Department. (Change: payment subject to the availability of appropriated funds) This Amended Agreement is made as required by Section X of this Agreement, pursuant to the applicable Florida Statutes related to terms of constitutional office (Change: Chairman, Board of County Commissioners), RECITALS 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, emergencies 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 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 assistance of a special or routine law enforcement nature that crosses jurisdictional lines. NOW, THEREFORE, the Law Enforcement Agencies, as the Parties, agree as follows: SECTION I: PROVISIONS FOR OPERATIONAL ASSISTANCE Page 1 of 6 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. SECTION II: PROVISIONS FOR VOLUNTARY COOPERATION a. In addition, the Law Enforcement Agencies hereby approve and 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 the 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 of assistance as set forth, an authorized representative of the agency requiring assistance shall notify the agency, agency head or his/her designee from whom such assistance is required. The agency head or authorized agency representative from whom assistance is sought 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 to 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 Task Force to investigate narcotics Page 2 of 6 violations shall be under the immediate command of a supervising officer designated by the Sheriff's 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 be empowered to render all enforcement assistance necessary and act in accordance with law. SECTION IV: POWERS, PRIVILEGES, IMMUNITIES, AND COSTS 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 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 party to the Agreement as 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 Sheriff's 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 Sheriff's Office during the period the Task Force is in existence, the Sheriff's 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 pursuant to this Agreement shall bear the loss or damage to such equipment and shall pay any expense incurred 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 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. Page 3 of 6 g. During the course of, and in furtherance of the operations directly related to the Okeechobee Narcotics Task Force, the Sheriff's Office shall pay the salary and any overtime for the officer assigned to the Task Force by the Police Department and shall not make the assigned police officer an employee . The payment by the Sheriff's Office of the salary and overtime, however, shall be subject to the availability of appropriated funds and any modifications or additional requirements that may be imposed by law due to limited funding. 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 paid, volunteer, and reserve employees, as applicable. SECTION V: REIMBURSEMENT FOR COSTS AND EXPENSES a. The Parties acknowledge and agree, with respect to any aid or services provided pursuant to SECTION II as it applies to the Task Force, that there shall be no reimbursement for costs or expenses incurred by the assisting agency other than the salary and overtime pay due to the officer assigned from the Police Department for services related directly to the Task Force. This provision, however, shall not be interpreted to prevent the requesting agency from agreeing in advance to pay for any costs or expenses of the operation even if the assisting agency or its employees benefit there from. 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 health/dental/life insurance shall be paid by the Police Department for and during the officer's participation in the 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 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 Page 4 of 6 and indemnify the other participating Party and its appointees or employees, subject to the provisions of Florida State Statutes, Section 768.28, where applicable, 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 satisfactory proof of liability insurance by one or more of the means specified in Florida State Statutes, Section 768.28 (14a- 14d), in an amount which is, in the judgment 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, that party shall notify all Parties to this Agreement of such change within ten (10) days of receipt of the notice or actual knowledge of such change. SECTION VIII: FORFEITURES, EVIDENCE, OR OTHER RECOVERIES a. All evidence seized by the Task Force shall be secured and stored by the Sheriff's 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 Sheriff's Office is granted the authority and right to institute forfeiture proceedings on behalf of the agencies and Task Force. c. Currency awarded shall be distributed between the agencies as follows: Sheriff's 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 evidence, 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: Sheriff's Office (80%) and Police Department (20%). Individual exceptions to this disposal procedure may occur with mutual written consent of both Parties. Page 5 of 6 SECTION X: EFFECTIVE DATE This Agreement shall take effect upon execution and approval 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 constitutional 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. Honorable Paul C. May, Sheriff Denny W. Davis, Chief Okeechobee County City of Okeechobee Dated Dated Honorable Frank Irby, Chairman Honorable James Kirk, Mayor Board of County Commissioners City of Okeechobee �• r� � ot3 ;Ai E) 1. Dated Dated Page 6 of 6