1. While working with a requesting agency, an officer shall have the same jurisdiction, powers, rights, privileges and immunities (including those relating to the defense of civil actions and payment of judgments) as the officers of the requesting agency in addition to those he normally possesses.
2. While on duty with the requesting agency, an officer shall be subject to the lawful operational commands of his superior officers in the requesting agency, but he shall, for personnel and administrative purposes, remain under the control of his own agency, including for purposes of pay. An officer shall furthermore be entitled to worker's compensation and the same benefits to the extent as though he were functioning within the normal scope of his duties.
3. When temporary assistance is needed pursuant to this MUTUAL ASSISTANCE AGREEMENT, the requesting agency shall notify the assisting agency of the need for such assistance and the assistance shall be provided if feasible to do so. A requesting agency which needs temporary assistance shall notify the assisting agency of such need in writing when possible. In an emergency situation, the notification of the need for temporary assistance need not be in writing, but a written notification shall be provided as soon thereafter as possible.
4. Any disciplinary action arising out of the temporary work assignment of any loaned officer will remain the responsibility of the officer's own department.
5. The requesting agency specifically covenants and agrees to assume all liability for any act committed by the temporarily assigned officer within the course and scope of his temporary assignment, and further agrees to hold harmless and indemnify the assisting agency for any damages, including the payment of attorney fees, incurred by the assisting agency pursuant to such temporary assignment.
6. The requesting agency agrees to hold harmless the assisting agency for any damage to the property of the requesting agency incurred in the course and scope of the temporarily assigned officer's duties. Further, the assisting agency agrees to hold the requesting agency harmelss for any damage to the property of the assisting agency occasioned by such act.
7. The undersigned enter into this agreement pursuant to duly adopted resolutions of their respective governing body, as authorized by North Carolina General Statutes 160A-288 and 90-95.2.
EASTERN NORTH CAROLINA MULTI-JURISDICTIONAL NARCOTICS TASK FORCE MUTUAL AID AGREEMENT IN WITNESS THEREOF, THE PARTIES HERETO HAVE EXECUTED THIS AGREEMENT AS OF THIS ______ DAY OF ____________________, 2009.
BY: ______________________________________ POSITION: ___________________________
AGENCY: ___________________________________________________________________
NORTH CAROLINA
_____________________ COUNTY
I, ________________________________, a Notary Public for said County and State, do hereby certify that the above signatory personally appeared before me this day and acknowledged the due execution of this agreement.
Witness my hand and official seal, this the _______ day of ____________________, 2009.
_________________________________________
Notary Public (seal)
My Commission expires ________________________, ________
