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Contract 2018-75SHERIFF'S DUI TASK FORCE The Memorandum of Understanding previously entered into by the parties is replaced in its entirety by this Agreement (hereinafter "Agreement') is entered into by and between Chutes Broadway as Chief of Police for the City of Clermont (hereinafter "CHIEF") and Peyton C. Grinnell, the Sheriff of Lake County, Florida (hereinafter "SHERIFF"). WHEREAS, the SHERIFF operates the Sheriffs DUI Task Force tasked with detecting and deterring persons driving under the influence in Lake County; and WHEREAS, the Sheriffs DUI Task Force is comprised of SHERIFF'S Deputies and sworn law enforcement officers assigned from municipal law enforcement agencies within Lake County; and WHEREAS, the CHIEF desires to participate in the Sheriffs DUI Task Force by assigning sworn law enforcement officer(s) from the CHIEF'S agency to the Sheriffs DUI Task Force; NOW THEREFORE, in consideration of the mutual promises, covenants, and conditions hereinafter contained, the SHERIFF and the CHIEF agree as follows: 1. Pursuant to §30.09(4) and § §23.12-23.127, Fla. Stat., the SHERIFF appoints as Deputy Sheriffs those officers assigned by the CHIEF to the Sheriffs DUI Task Force with the following limitations and conditions: a. The time limits of this appointment are in effect until revoked or rescinded by SHERIFF in his sole and absolute discretion. b. The powers given to the officer shall be solely to aid the SHERIFF in the performance of his duties as the elected Sheriff of Lake County. c. The SHERIFF expressly reserves the right to revoke the officer's authority as a Lake County Deputy Sheriff at any time with or without cause. d. This appointment is rescinded upon the officer's termination, suspension, retirement or resignation from the employing agency, or having their credentials suspended or revoked by the Criminal Justice Standards and Training Commission. e. This appointment shall also be rescinded upon the officer's reassignment of duties from the Sheriff's DUI Task Force. f. This appointment does not create any employment rights for the assigned officer(s). 2. Any action taken on behalf of SHERIFF by the officer become the actions of SHERIFF. As such, these actions are subject to SHERIFF'S procedures, rules, regulations, directives, and policies. 3. Before an officer may exercise any power in the name of the SHERIFF, except in case of emergency where his/her action is needed to prevent the loss of life or great damage to property, the officer most receive the specific authority to do so from the SHERIFF or his designee. Any arrests made in the name of the SHERIFF by the officer shall be immediately reported on whatever forms are required by the Lake County Sheriff's Office. 4. Under no circumstances will the officer exercise his/her powers as a Deputy Sheriff of Lake County to initiate or further an investigation beyond authorization of the SHERIFF or his designee. 5. The powers given to the officer as a Deputy Sheriff of Lake County are strictly limited to the time he/she is working (actual hours) in the Sheriffs DUI Task Force. The officer will not have Deputy Sheriff power outside the actual time assigned to Sheriff's DUI Task Force, except as otherwise provided. 6. The officer shall not use his/her powers as a Deputy Sheriff of Lake County to work off -duty employment. 7. The officer shall actively participate in Sheriff's DUI Task Force operations and attend any Sheriff's DUI Task Force meetings. Failure to comply with this requirement may result in the revocation of his/her appointment. 8. The CHIEF shall bear any liability arising from acts undertaken or omission by his officer(s) while assigned to the Sheriffs DUI Task Force. The CHIEF shall also bear the risk of loss or damage to any equipment he provides to the assigned officer(s). The assigned officer(s) shall continue to be compensated and insured by the CHIEF while assigned to the Sheriffs DUI Task Force. 9. Any seizure of property pursuant to the Florida Contraband Forfeiture Act, will be prosecuted by the SHERIFF'S General Counsel in accordance with Florida law and the SHERIFF'S policy. The CHIEF'S agency shall receive an equitable share of the net proceeds of any forfeitures initiated while participating in the Sheriff's DUI Task Force as determined by the SHERIFF in his absolute discretion. The net proceeds is the value of the seized asset less any liens, filing fees, and litigation costs incurred by the SHERIFF in perfecting title to the seized asset. Any deviation from this forfeiture sharing agreement shall be approved by the SHERIFF or his designee, and the CHIEF. IN WrrNESS WHEREOF, the SHERIFF and the CHIEF have made and executed this Agreement on the respective dates under each signature. / n Peyton C. Grinnell, heriff of Lake County "axles Broadway, Chie of Po ce Clermont Police Department ,/ Date: I�- Date: % 10 / 0