Fort Walton Beach Resolution — 2024-01 Accepting FDLE Funding & MAA to Eradicate Fentanyl — reading text

should be terminated, it shall be promptly terminated in a manner assuring the safety of all involved law enforcement officers. Page 3 of 9 No S. A. F. E. INITIATIVE member shall engage in activities outside the jurisdictional territory of his or her agency, except as approved by the S. A. F. E. MAA coordinator assigned FDLE supervisor) or designee and any such activity must be documented as provided herein. The MAA coordinator or designee shall maintain activities logs that will demonstrate the involvement of specific employees or agents provided by the Parties to this MAA, including each operation' s supervisor or designated leader. Specific authorization and approval from both FDLE and the respective agency Party supervisory personnel shall be obtained when unit members will be acting with FDLE outside of their "standard operational area" as set forth in Addendum A. FDLE shall be entitled to conduct audits and inspections of task force operations and records. Whenever an operation occurs outside of a S. A. F. E. INITIATIVE team' s " standard operational area" set forth in Addendum A, the Special Agent in Charge ( SAC) for the FDLE office in the region affected shall be notified about the presence of the S. A. F. E. INITIAITIVE personnel in his region. Nothing herein shall otherwise limit the jurisdiction and powers normally possessed by a S. A. F. E. INITIATIVE member of an agency Party. During the absence of the managing FDLE supervisor, or as deemed necessary by the managing FDLE supervisor, any member assigned to the S. A. F. E. INITIATIVE may be designated as an interim team leader to manage operational S.A. F. E. INITIATIVE matters. Activities shall be considered authorized only when approved and actually directed as provided herein by the assigned FDLE supervisor or designee. No extension of jurisdiction or authority is granted by this Agreement for law enforcement activities unless approved and supervised as provided herein and related to the S. AY. E. INITIATIVE operations, or unless same have been encountered directly incident to an approved and supervised S. A. F. E. INITIATIVE operation. If a conflict arises between an order or direction provided by the FDLE S. A. F. E. INITIATIVE supervisor and a member' s employing agency' s rules, standards, or policies, the conflict shall promptly be reported to the S. A. F. E. INITIATIVE supervisor and to the supervisor of that S.A. F. E. INITIATIVE member' s agency chain of command. The FDLE S.A. F. E. INITIATIVE supervisor, in conjunction with the member's agency supervisor, shall attempt to resolve the conflict in a manner that will allow the operation Page 4 of 9 to continue appropriately. At no time will a participating member be forced to violate his/ her own agency' s policies or rules in order to implement an S. A. F. E. INITIATIVE, The Parties to this Agreement may, by a written memorandum of understanding or written attachments to this agreement, identify or further define particular guidelines, policies, or procedures to be utilized by members of the S. A. F. E. INITIATIVE when engaged in S. A. F. E. INITIATIVE operations. In the absence of a written memorandum of understanding or attachments, the policies and procedures to be utilized by S. A. F. E. INITIATIVE members shall be clearly identified by the assigned FDLE S. A. F. E. INITIATIVE supervisor. However, as stated above, no member will be expected or required to violate or otherwise fail to maintain the member' s employing agency's standards of conduct, rules or policies. Jurisdiction For purposes of the Mutual Aid Agreement ( MAA), " S. A. F. E. INITIATIVE unit members as used herein shall mean the sworn members of the non- FDLE agency Parties to this agreement who are assigned to the S. A. F. E. Initiative in accordance with the MAA. FDLE and each agency Party to this agreement have executed the signature page attached hereto as Addendum A, which includes specific information concerning the primary geographic scope of this MAA for regional areas of the State associated with FDLE Regional Operations Centers, and identification of the agency Party entering into this agreement, and other particular information all of which is incorporated herein as though fully set out in the text of the main agreement. Nothing contained in this MAA is intended to prevent personnel from performing their normal duties as assigned by their respective agencies. Powers, Privileges, Immunities, Costs, and Liability -Related Issues Employees of the participating agencies, when actually engaging in mutual cooperation and assistance outside of their jurisdictional limits but inside the State of Florida, 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. Page 5 of 9 An agency 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. Each member agency engaging in S. A. F. E. INITIATIVE operations pursuant to this Agreement agrees to assume its own liability and responsibility for the acts, omission, or conduct of such Party' s own employee while such employees are engaged in S. A. F. E. INITIATIVE activities or operations, and shall remain responsible for the compensation, retirement, workers compensation and other benefits accruing to the benefit of said participating employees, as further discussed below. Each Party to this Agreement agrees to furnish necessary personnel, property, police equipment, vehicles, and resources in order to carry out the purposes of the S. A.F. E. INITIATIVE, and agrees to bear the cost of loss or damage to its equipment, vehicles, or property so provided. Parties understand and agree that they will be responsible for their own liability and bear their own costs with regard to their property and resources, or personnel expenses incurred by reason of death, injury, or incidents giving rise to liability. Each Agency furnishing services pursuant to this Agreement shall compensate its employees during the time such services are rendered and shall defray the actual expenses of its employees while they are rendering such services, including any amounts paid or due for compensation due to personal injury or death while such employees are engaged in rendering such services. The privileges and immunities from liability, exemption from laws, ordinances, and rules, and all pension, insurance, relief, disability, workers' compensation, salary ( including overtime compensation or compensatory time), 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 shall apply to the employee to the same degree, manner, and extent while such employee acts under this Agreement. 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. Nothing in this Agreement is intended to or is to be construed as any transfer or contracting away of the powers or functions of one party hereto or the other. Page 6 of 9  Obligation to Coordinate with Prosecutor' s Office A key objective of the S.A. F. E. INITIATIVE is the protection of Florida' s public safety and security, and the successful prosecution of criminal violators. Successful prosecution requires close coordination with prosecuting authorities, both in the state and federal courts. Members of the S. A. F. E. INITIATIVE are obligated to coordinate their efforts in such a way as to support the efficient prosecution of cases, including, but not limited to, prompt responses to requests from prosecutors for information or assistance inhandling S. A. F. E. INITIATIVE generated cases, and reasonable availability for pretrial conferences with prosecutors, discovery depositions, pretrial hearings and trials. Civil or administrative actions derived from S. A. F. E. INITIATIVE operations are likewise to receive coordinated efforts from S. A. F, E. INITIATIVE members. The FDLE S. A. F. E. INITIATIVE supervisor shall monitor the efforts of S. A. F. E. INITIATIVE members in support of criminal prosecutions and civil actions. Such monitoring shall include regular contact with assigned prosecutors or attorneys pursuing actions on behalf of S. A. F. E. INITIATIVE to assure the expected level of support from S. A. F. E. INITIATIVE members is occurring. Failure by a member of the S. A. F. E. INITIATIVE to support such efforts on a routine and regular basis in the manner set forth herein shall constitute grounds for removal from the S. A. F. E. INITIATIVE. Property Seizure and Forfeiture Considerations No funds or other property seized during the S. A. F. E. INITIATIVE operations are to be utilized for any member agency prior to successful forfeiture or until the title or interest in the funds otherwise lawfully vests in one or more -member agencies. Forfeiture actions based upon seizures made by the S. A. F. E. INITIATIVE shall be based upon current statutory and case law. The Parties agree that the lead investigative agency, through its attorneys, will be primarily responsible under this Agreement for pursuing all S. A. F. E. INITIATIVE forfeiture actions on behalf of all of the Parties in state court, subject to its right to reimbursement of associated costs; however, this provision shall not preclude the use of other forfeiture attorneys or personnel as needed on particular matters. Distribution of the proceeds from successful forfeiture actions shall be equitable among the Parties to this Agreement and shall consider their relative roles in support of the efforts of S. A. F. E. INITIATIVE. It is agreed the Florida Department of Law Enforcement will be allocated a minimum of 25% of any seized asset forfeitures as a result of the S. A. F. E Initiative Investigation. Page 7 of 9 Any Party to this Agreement or any prosecutor handling the criminal prosecution of the S.A. F. E. INITIATIVE cases may request copies of forfeiture complaints and pleadings filed by reason of S.A.F. E. INITIATIVE seizures, and such copies shall promptly be provided to the requestor. If any legal dispute or concern as to the form or sufficiency of forfeiture actions or other action proposing to vest the interest of S. A. F. E. INITIATIVE member agencies in seized cash or property is raised by any of the Parties to this Agreement, an attempt to resolve the issue through informal discussion and contact shall be made. In the event any Party to this Agreement believes that there is no legal sufficiency upon which to pursue the forfeiture of particular seized cash or property, and the