2009-02COMBINED
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 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 THE FORM OF LAW ENFORCEMENT
SERVICES AND RESOURCES TO ADEQUATELY RESPOND TO:
(1) 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
UNDER SECTION 252.34, FLORIDA STATUTES; AND,
WHEREAS, THE BELOW SIGNED AGENCIES HAVE THE AUTHORITY UNDER
SECTION 23.12, FLORIDA STATUTES, et seq., THE FLORIDA MUTUAL AID ACT, TO
ENTER INTO A COMBINED MUTUAL AID AGREEMENT FOR LAW ENFORCEMENT
SERVICE WHICH:
NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS:
SECTION I: PROVISIONS FOR VOLUNTARY COOPERATION
EACH OF 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 DEALING WITH
ANY VIOLATIONS OF FLORIDA STATUTES TO INCLUDE, BUT NOT NECESSARILY
BE LIMITED TO, INVESTIGATING HOMICIDES, SEX OFFENSES, ROBBERIES,
BURGLARIES, THEFTS, GAMBLING, MOTOR VEHICLE THEFTS, CONTROLLED
SUBSTANCES 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 II: PROVISIONS FOR OPERATIONAL ASSISTANCE
EACH OF 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 TO INCLUDE, BUT
NOT NECESSARILY BE LIMITED TO DEALING WITH CIVIL DISTURBANCES, LAW
ENFORCEMENT EMERGENCIES, LARGE PROTEST DEMONSTRATIONS, AIRCRAFT
DISASTERS, FIRES, HURRICANES, TORNADOES OR OTHER WEATHER-RELATED
CRISES, SPORTING EVENTS, CONCERTS, PARADES, ESCAPES FROM DETENTION
FACILITIES, AND INCIDENTS REQUIRING UTILIZATION OF SPECIALIZED UNITS TO
INCLUDE BOMB DISPOSAL UNITS AND SPECIAL WEAPONS AND TACTICS TEAMS.
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 QR HIS/IIER
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/f~R 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 RESPONSIBII..ITY
THE PERSONNEL AND EQUIPMENT THAT ARE ASSIGNED BY THE ASSISTING
AGENCY 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/I-~R 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 BE SUBJECT TO THE RULES AND
REGULATIONS, PERSONNEL POLICIES, GENERAL ORDERS AND STANDARD
OPERATING PROCEDURES OF HIS/F~R 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: WI~NEVER THERE IS CAUSE TO BELIEVE THAT A
COMPLAINT HAS ARISEN AS A RESULT OF A COOPERATIVE EFFORT AS TT MAY
PERTAIN TO THIS AGREEMENT, THE AGENCY HEAD OR HIS/I~R 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 WITHOUT REGARD AS
TO AGENCY AFFILIATION.
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
BE FORWARDED WITHOUT DELAY TO THE AGENCY HEAD OR HIS/I~R DESIGNEE
OF THE ASSISTING AGENCY FOR ADMINISTRATIVE REVIEW. THE REQUESTING
AGENCY MAY CONDUCT A REVIEW OF THE COMPLAINT TO DETERMNVE 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 SECTION 768.28, FLORIDA STATUTES, WHERE
APPLICABLE.
SECTION VI: POWERS, PRIVILEGES, IlVIMIJNITIES AND COSTS
EMPLOYEES OF THE AFORESAID AGENCIES WHEN ACTUALLY
ENGAGING IN MUTUAL COOPERATION AND ASSISTANCE OUTSIDE
OF THEIR JURISDICTIONAL LIMITS BUT INSIDE THIS STATE, UNDER
THE TERMS OF THIS AGREEMENT, SHALL, PURSUANT TO THE
PROVISIONS OF SECTION 23.127(1), FLORIDA STATUTES, 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 FACILITIES 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 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.
4. THE AGENCY FURNISHING AID PURSUANT TO THIS AGREEMENT
SHALL COMPENSATE ITS APPOINTEESIEMPLOYEES 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 DUE FOR COMPENSATION DUE TO PERSONAL INJURY OR DEATH
WHILE SUCH EMPLOYEES ARE ENGAGED IN RENDERING SUCH AID.
HOWEVER, THE REQUESTING AGENCY MAY COMPENSATE THE
ASSISTING AGENCY DURING THE TIME OF THE RENDERING OF
SUCH AID MAY DEFRAY THE ACTUAL TRAVEL AND MAINTENANCE
EXPENSES OF SUCH EMPLOYEES WHILE THEY ARE RENDERING
SUCH AID, INCLUDING ANY AMOUNTS PAID OR DUE FOR
COMPENSATION AS A RESULT OF PERSONAL INJURY OR DEATH
WHILE SUCH EMPLOYEES ARE RENDERING AID PURSUANT TO THIS
AGREEMENT. NOTHING HEREIN SHALL REQUIRE ANY SUCH
REIMBURSEMENTS OR PAYMENTS.
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 EXTRATERRI-
TORIALLY 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 DEFICIENCY JUDGMENT RENDERED AGAINST THEM.
SECTION VIII: FORFEITURE PROVISIONS
IN THE EVENT AN AGENCY 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 AGENCY REQUESTING ASSISTANCE IN THE CASE OF
REQUESTED OPERATIONAL ASSISTANCE AND THE SEIZING AGENCY IN THE CASE
OF VOLUNTARY COOPERATION SHALL BE RESPONSIBLE FOR MAINTAINING ANY
FORFEITURE ACTION PURSUANT TO CHAPTER 932, FLORIDA STATUTES. THE
AGENCY 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, TO INCLUDE, BUT NOT BE
LIl~IITED 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 FEBRUARY 1, 2017. 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 DIltECTION 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
Gary S. Borders
Lake County Sheriff
For the Lake County Sheriff's Office
Date: 1/6/09
APPROVED BY
GENERAL COUNSEL
JAN-5, 2009
CITY OF CLE /NT
Steve Graham
Chief of Police
For the Clermont Police Department
Date: 2/11/2009
Name Harold S. Turville, Jr.
Title: Mayor
For the City of Clermont
Date:2/10/2009