Contract 2020-070A#2020-70-A
VOLUNTARY COOPERATION AND OPERATIONAI. ASSISTANCE
MUTUAL AiD AGREEMENT BETWEEN
TIIE LAKE COUNTY SIJERIFF'S OFFICE AND
THE CITY OF CLERMONT CONCERNING
JURISDICTION ON ADJACENT WATERWAYS
This Agreement is entered ' tt by P on C. Grinnell, Sheriff of Lake County, Florida and
Clermont, Florida on thisIll day of ?'� 't�• This Agreement is for the sole purpose of establishing
voluntary cooperation and operational assistance for adjacent waterways.
WHEREAS, the subscribing 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 (lie form of law enforcement
services and resources to adequately respond to violations of Florida law and ensure public safety on the
waterways bordered by and concerning both Lake County and the City of Clennont;
WHEREAS, the parties have authority under §23.1225. Fla.Stat. to enter into a voluntary
cooperation and mutual aid agreement which permits the voluntary cooperation and assistance of law
enforcement across jurisdictional lines; and
WHEREAS, the parties seek assistance from the other to patrol, assist the citizenry and enforce
Florida statutes along the adjacent waterways between Lake County and City of Clermont where a citizen
or law enforcement officer may require assistance on waterways or an event may occur closer to one
jurisdiction than another and the timely response of a law enforcement agency with property jurisdiction
will best serve the community.
NOW THEREFORE, the parties incorporate the above recitals as Agreement terms and further agree
as follows:
1. VOLUNTARY COOPERATION: The parties approve and enter into this Agreement whereby
the Sheriff's Office and the Clermont Police Department have requested and may render law
enforcement services as detailed herein to adequately respond to violations of Florida law and
ensure public safety on the waterways bordered by and concerning both Lake County and the
City of Clennont.
2. COMMAND AND SUPERVISORY RESPONSIBILITY: The respective personnel and
equipment of each party shall remain under the command and control of each respective agency.
3. LIABILITY: Each party engaging in any actions or duties pursuant to this Agreement, agrees to
assume responsibility for the acts, omissions, or conduct of cash party's own employees while
engaged in rendering such aid pursuant to this Agreement.
4. POWERS, PRIVILEGES, IMMUNITIES AND COSTS:
a. Employees of each party when acting under this Agreement shall have the same powers,
duties, rights, privileges and immunities as if the employee was performing duties inside
employee's own political subdivision.
b. Each party agrees to furnish necessary personnel, equipment, resources, and facilities and
to render services to the other as set forth herein, provided, however, that no party shall
be required to deplete unreasonably its own personnel, equipment, resources, facilities,
and services in furnishing such mutual aid.
c. A party which furnishes equipment pursuant to this Agreement must bear the cost of loss
or damage to that equipment and must pay any expense incurred in the operation and
maintenance of that equipment.
d. The party furnishing aid pursuant to this Agreement shall compensate its
appointees/employees during the time such aid is rendered and shall defray the actual
travel and maintenance expenses of his employees while they are rendering such aid,
including any amount paid or due for compensation due to personal injury or death while
such employees are engaged in rendering such aid.
e. 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 a party when performing
his/her duties within territorial limits of his agency also apply to the same de -gee,
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.
5. LIABILITY INSURANCE: Each party shall maintain its current insurance during this
At,
6. FORFEITURE PROVISIONS: In the event a party seizes 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 seizing party shall be responsible for maintaining
any forfeiture action pursuant to Chapter 932, Florida Statutes. The party pursuing the forfeiture
action shall have the exclusive right to control and the responsibility to maintain the property in
accordance with Chapter 932, Florida Statutes, including, but not limited to, the complete
discretion to bring the action, settle the action, dismiss the action and/or dispose of the proceeds.
EFFECTIVE DATE: This Agreement shall take effect upon execution and approval and shall
continue in full force and effect until December 31, 2024, The parties to this Agreement may
agree in writing to extend or renew the terms of this Agreement for successive four (4) year
terms.
S. CANCELLATION: Either party may cancel this Agreement, for any reason or no reason at all.
upon delivery of written notice to the other.
9. NOTICE: All notices, demands, or other writings required to be given, made or sent in this
Agreement, or which may be given, made or sent by either party to the other, shall be deemed to
have been fully given, made or sent when in WRITING and RECEIVED as follows:
Peyton C. Grinnell, Sheriff Chief Charles Broadway
Lake County Sheriff's Office City of Clennont
360 West Ruby Street 3600 US-27
Tavares, Florida 32778 Clermont, FI 34711
10. SOVEREIGN IMMUNITY/T111RU PARTIES: The parties to this Agreement are state
agencies or political subdivisions as defined in §768.28, Fla.Stat. and agree to be fully responsible
for the acts and omissions of their own agents or employees to the extent permitted by law.
Nothing herein shall operate as a waiver of the parties' sovereign immunity pursuant to the
Florida Constitution and §768.28, Fla.Stat. There are no intended third party beneficiaries to this
agreement, and nothing herein shall be construed to grant any person, firm, or other entity which
is not a signatory to this Agreement any rights, benefits, or privileges to rely on or demand
performance of any provision of this Agreement.
Accepted and Acknowledged:
Date: September 17, 2020
Charles Broadway, Police Chtef
City of Clermont
Date: September 11, 2020
A A
Darre y Un� er
City of ermont
Date: September 17, 2020
G
Peyton C. Grinnell, ierifT
Lake County Sheriff's Office