2017-39 COMBINED
VOLUNTARY COOPERATION AND OPERATIONAL ASSISTANCE
MUTUAL AiD AGREEMENT BETWEEN
THE LAKE COUNTY SHERIFF'S OFFICE AND
MUNICIPAL POLICE DEPARTMENTS iN LAKE COUNTY, FLORIDA
WITNESSETH
- WHEREAS, the below signed law enforcement agencies are so located in relation
to each other that it is to their mutual advantage to receive and extend mutual aid in the
form of law enforcement services and resources to adequately respond to:
(i) Continuing, multi-jurisdictional criminal activity, so as to protect the public
peace and safety, and preserve the lives and property of the citizens; and
(2) Intensive situations including, but not limited to natural or manmade disasters
or emergencies as defined in §252.34. Fla.Stat; and
WHEREAS, the below signed law enforcement agencies have the authority under
23.1225, Fla.Stat. to enter into a Combined Mutual Aid Agreement for Law Enforcement
Service which:
(1) Provides for rendering of operational assistance in a law enforcement
emergency as defined in §252.34. Fla.Stat.; and
(2) Permits voluntary cooperation and assistance of a routine law enforcement
nature across jurisdictional lines.
NOW, THEREFORE, the Parties agree as follows:
Section I: Provisions for Operational Assistance
The subscribed law enforcement agencies hereby approve and enter into this agreement
whereby each of the agencies so represented may request and render law enforcement
assistance to the other to include, but not necessarily be limited to, dealing with civil
disturbances, large protest 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
The subscribed 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 dealing with any violations of Florida Statutes to include, but not limited to,
investigating homicides, sex offense, robberies, burglaries, thefts, gambling, motor
vehicles thefts, controlled substance violations, DUI violations, and with backup services
during patrol activities, school resource officers on official duty out of their jurisdiction,
school safety officers enforcing laws within 1000 feet of a school, and inter-agency task
forces and/or joint investigations.
SECTION iII: PROCEDURE FOR REQUESTING ASSISTANCE
' In the event that a party to this agreement is in need of assistance as set forth above, an
authorized representative of the,agency requesting assistance shall notify the agency head
or his/her designee from whom such assistance is requested. The agency head or
authorized agency representative whose 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 in whose jurisdiction assistance is being rendered may determine who is
authorized to lend assistance in his/her jurisdiction, for how long such assistance is
authorized and for what purpose such authority is granted. This authority may be granted
either verbally or in writing as the Particular situation dictates.
No officer or appointee shall be empowered under this agreement to operate in the other
agency's jurisdiction without prior approval of the agency head having normal jurisdiction.
The agency head's decision in these matters shall be final.
SECTION IV: COMMAND AND SUPERVISORY RESPONSIBILITY
The personnel and equipment that are assigned by the assisting aggency head shall be under
the immediate command of a supervising officer designated by the assisting agency head.
Such supervising officer shall be under the direct supervision and command of the agency
head or his/her designee of the agency requesting assistance.
CONFLICTS: Whenever an officer, deputy sheriff or other appointee is rendering
assistance pursuant to this agreement, the officer, deputy sheriff or appointee shall abide
by and he subject to the rules and regulations, personnel policies, general orders and
standard operating procedures of his/her own employing agency. if any such rule,
regulation, personnel policy, general order or standard operating procedure is contradicted,
contravened or otherwise in conflict with a direct order of a superior officer of the
requesting agency, then such rule, regulation, personnel policy, general order or procedure
shall control and shall supersede the direct order.
HANDLING COMPLAINTS: Whenever there is cause to believe that a complaint has
arisen as a result of a cooperative effort as it may pertain to this agreement, the agency
head or his/her designee of the requesting agency shall be responsible for the
documentation of said complaint to ascertain as a minimum:
1. The identity of'the complainant;
2. An address where the complaining: party can be contacted;
3. The specific allegation;
4. The identity of the employees accused.
if it is determined that the accused is an employee of the assisting agency, the above
information, with all pertinent documentation gathered during the receipt and processing
of the complaint, shall he forwarded without delay to the agency head or his/her designee
of the assisting agency for administrative review. The requesting agency may conduct a
review of the complaint to determine 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.
SECTION V: LIABILITY
Each party engaging in any mutual cooperation and assistance, pursuant to this agreement,
agrees to assume responsibility for the acts, omissions, or conduct of such party's own
employees while engaged in rendering such and pursuant to this agreement, subject to the
provisions of§768.28, Fla.Stat., where applicable.
SECTION VI: POWERS, PRIVILEGES, IMMUNITIES AND COSTS
1. Employees of the aforesaid agencies when actually engaging in mutual
cooperation and assistance outside of their jurisdictional limits hut inside
this state,under the terms of this agreement, shall, pursuant to the provisions
of§23.127(1). Fla.Stat.. have the same powers, duties; rights, privileges and
immunities as if the employee was performing duties inside the employee's
political subdivision in which normally employed.
2. Each party agrees to furnish necessary personnel, equipment,resources,and
heilitics and to render services to each other party to the agreement as set
forth above; provided, however, that no party shall be required to deplete
unreasonably its own personnel, equipment, resources, facilities, and
services in furnishing such mutual aid.
3. A political subdivision that furnished equipment pursuant to this agreement
must bear the cost of loss or damage to that equipment and must pay any
expense incurred ill the operation and maintenance ft-atequipment.
4. The agency furnishing aid pursuant to this section shall compensate its
appointees/employees during the time such aid is rendered and shall defray
the actual travel and maintenance expenses of its employees while they are
rendering such aid, including any amounts paid or clue for compensation
'clue to
personal injury or death while such employees are cngaged in
rendering such assistance.
5. 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 that apply to the activity of'
an employee of an agency when performing the employee's duties within
the territorial limits of the employee's agency apply to the employee to the
same degree, manner, and extent while engaged in the performance of the
employee's duties extraterritorially under the provisions of this mutual aid
agreement. The provisions of this section shall apply with equal effect to
paid, volunteer, and auxiliary employees.
6. .) 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.
7. Nothing in this agreement is intended or is to be construed as any transfer
or contracting away of the powers or functions of one party hereto to'the
other.
SECTION VII: LIABILITY INSURANCE
Each party shall provide for their own insurance policy or policies and any deliciency
'judgment rendered against"them.
SECTION VIIi: FORFEITURE PROVISIONS
In the event-an agency seized any real property, vessel, motor vehicle, aircraft, currency or
other property pursuant to the Florida Contraband Forfeiture Act during the performance
Of this agreement, the agency requesting assistance in the case of requested operational
assistance and the'seizingagency in the case of voluntary cooperation shall be responsible
for mnning any forfeiture action pursuant to Chapter 932, Florida Statutes. The agency
pursuaiing•ttaihel forfeiture action shall°have the exclusive right to control and the responsibility
to maintain the property in accordance with Chapter 932, Florida Statutes, to include. but
not be limited to, the complete discretion to bring the action, dismiss the action and/or
retain the proceeds:
SECTION iX: EFFECTIVE DATE
This agreement shall take effect upon execution and approval by the hereinafter named
officials and shall continue in full force and effect until April 1, 2021. Under no
circumstances may this agreement be renewed, amended, or extended except in writing.
SECTION X: CANCELLATION
Any party may cancel its participation in this agreement upon delivery of written notice to
the other party or parties. Cancellation will be at the direction of any subscribing party.
IN WITNESS WHEREOF. THE PARTIES HERETO CAUSE THESE PRESENTS TO
BE SIGNED ON THE DATE SPECIFIED.
LAKE COUNTY SHERIFF'S OFFICE
Peyton C. Grinnell
Lake County Sheriff
For the Lake Cunty Sheriff's Office
Date: 3./4)t�
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CITY Of CLERMONTCA ��►
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Charles Broadway N.�'! F
Chief of Police Title: ) •
For the Clermont Police Department For the Cit f Clermon
Date: -) _ I j - 17 Date: 3 PIR-