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HomeMy WebLinkAboutResolution 2010-09 Local and State Law Enforcement Agencies Mutual Aid RESOLUTION NO. 2010-09 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, SEMINOLE COUNTY, FLORIDA, RATIFYING CERTAIN EXISTING VOLUNTARY COOPERATION MUTUAL AID AND OTHER AGREEMENTS WITH LOCAL AND STATE LAW ENFORCEMENT AGENCIES; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT RESOLUTIONS, SEVERABILITY AND AN EFFECTIVE DATE. WHEREAS, the City is granted the authority, under § 2(b), Art. VIII of the State Constitution, to exercise any power for municipal purposes, except when expressly prohibited by law; and WHEREAS, section 23.1225, Florida Statutes, requires that law enforcement voluntary cooperation mutual aid agreements be entered into by the chief executive officer of the agency authorized to contractually bind the agency; and WHEREAS, during a recent evaluation of the City Police Department's various law enforcement agreements with other local and state law enforcement agencies, it was determined that ratification of certain existing agreements is required consistent with Florida law; and WHEREAS, City Commission deems that this Resolution is in the best interests of the public health, safety, and welfare of the citizens of Winter Springs. NOW, THEREFORE, BE IT DULY RESOLVED BY THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, SEMINOLE COUNTY, FLORIDA, THAT: Section 1. Incorporation of Recitals. The foregoing recitals are deemed true and correct and are hereby fully incorporated herein by reference. Section 2. Ratification of Agreements. The Winter Springs City Commission hereby ratifies each of the following agreements, attached hereto as composite Exhibit "A," and fully incorporated herein by this reference: A. Inter -Local Voluntary Cooperation Operational Assistance Agreement / Seminole County Multi Agency Gang Task Force (MAGTF) (September 30, 2008); B. Reaccreditation Agreement (November 2008); C. Voluntary Cooperation Agreement Establishing a City /County /State Traffic City of Winter Springs Resolution No. 2010 -09 Page 1 of 3 Enforcement Unit (January 2009); D. Inter -Local Voluntary Cooperation Operational Assistance Mutual Aid Agreement (January 2009); E. Inter -Local Voluntary Cooperation Operational Assistance Agreement for The City /County Canine (K -9) Unit (January 2009); F. Voluntary Cooperation Mutual Aid Agreement Among the Participating Agencies and the Florida Department of Law Enforcement to Form a Child Abuction (sic) Response Team (June 2009); G. Memorandum of Understanding with Florida Department of Law Enforcement (for facilitating investigations of incidents) (July 2009); H. Criminal Justice User Agreement with Florida Department of Law Enforcement (August 2009); I. State and Local HIDTA Task Force Agreement / "Central Florida HIDTA" (October 2009); J. Memorandum of Agreement Between Participating Seminole County, Federal and State of Florida Law Enforcement Agencies and The Florida Department of Corrections (October 2009). Section 3. Severabilitv. If any section, subsection, sentence, clause, phrase, word, or portion of this Resolution is for any reason held invalid or unconstitutional by a court of competent jurisdiction, whether for substantive or procedural reasons, such portion shall be deemed a separate, distinct, and independent provision, and such holding shall not affect the validity of the remaining portions of this Resolution. Section 4. Repeal of Prior Inconsistent Resolutions. All prior resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of the conflict. Section 5. Effective Date. This Resolution shall become effective immediately upon its adoption by the City Commission of the City of Winter Springs, Florida. ADOPTED by the City Commission of the City of Winter Springs, Florida, in - a regular meeting assembled on this 22nd day of March 1 1 1721.1 JOHN F._BUSB; Mayor City of Winter Springs Resolution No. 2010 -09 Page 2 of 3 ATT S : • ► 1 ' �? w ORENZO- LUACES, City Clerk Approved as to legal form and sufficiency for the Ci o Winter Springs only: ANY A. GARGANESE, City Attorney City of Winter Springs Resolution No. 2010 -09 Page 3 of 3 EXHIBIT L I INTER -LOCAL VOLUNTARY COOPERATION OPERATIONAL ASSISTANCE SEMINOLE COUNTY MULTI AGENCY GANG TASK FORCE ( MAGTF) THIS AGREEMENT is entered into pursuant to Chapter 23, Florida Statutes, under the Florida Mutual Aid Act, by and between the SHERIFF OF SEMINOLE COUNTY, FLORIDA, ALTAMONTE SPRINGS POLICE DEPARTMENT, CASSELBERRY POLICE DEPARTMENT, THE LAKE MARY POLICE DEPARTMENT, LONGWOOD POLICE DEPARTMENT, OVIEDO POLICE DEPARTMENT, SANFORD POLICE DEPARTMENT, WINTER SPRINGS POLICE DEPARTMENT, and SANFORD AIRPORT POLICE DEPARTMENT. WITNESSED: RECOGNIZING there is a gang problem in Central Florida and its negative effects on the communities where gangs thrive, it is the intent of Seminole County law enforcement to take a proactive approach and prevent the infiltration of gangs into our conununities and to improve the criminal street gang activity. Each of the parties to this agreement recognizes the need for the establishment and operation of a Multi- Agency Gang Task Force (MAGTF) in Seminole County. WHEREAS, incidents involving gang members may occur throughout Seminole County without regard to jurisdictional boundaries; and WHEREAS, an intelligence -led, data -driven multi jurisdictional task force will greatly enhance law enforcement investigation, apprehension, and ultimately successful prosecution of offenders related to gangs as a criminal enterprise; NOW, THEREFORE, the parties hereto enter into this Multi Agency Gang Task Force Agreement as follows: NOW, THEREFORE, the parties agree as follows: 1. Name: The parties will participate in a common investigative effort which shall be known as the Multi Agency Gang Task Force, hereinafter referred to as MAGTF. Seminole County Multi Agency Gang Task Force MAGTF Page 1 of 4 September 30, 2008 - January 1, 2013 2. Purpose: The purpose of the MAGTF is to provide a mechanism for Seminole County Law Enforcement Agencies to share investigative information, and develop collaborate enforcement efforts towards targeted gang crime and/or violence occurring in Seminole County. By coordinating physical resources, manpower, and criminal intelligence, the efficiency and effectiveness of these investigations and ultimate prosecution of gang- related offenders will be increased. 3. Scope: The scope of this intelligence -led, data - driven investigative effort shall be limited to law enforcement agencies sharing of information, surveillance, and probation compliance of targeted gang members in Seminole County. 4. Organizational Structure: The Governing Board of the MAGTF will be composed of law enforcement representatives from within Seminole County and its partners within this agreement. Each of the parties to this agreement shall designate in writing the name of a representative for the Governing Board. The Sheriff of Seminole County shall serve as the Chairperson of the Governing Board. Captain Scott Ballou will serve as the Director of the MAGTF. The Intensive Community supervision Unit Sergeant will serve as project Director and coordinate an outlined strategy to ensure successful and timely completion of short and long term goals. The Project Director will coordinate all compliance and enforcement initiatives with the participating agencies and report to the Governing Board. 5. Duties of the Governing Board: The Board shall meet at minimum quarterly, to disseminate information and review policy, objectives, and strategies. 6. Resources: Each party agrees to furnish necessary equipment and resources to render services to the MAGTF. No party shall be required to deplete unreasonably its own equipment, resources, facilities and services in furnishing such services. 7. Use of Anti-Gan Initiative Grant Funds/Financial Records: any and all grant funds used by the MAGTF shall be utilized in strict compliance with guidelines for such use as set forth by the Grant Section. All agencies requesting reimbursement under a Sheriff's Office grant shall be required to provide a roster containing names, rates of pay and the estimated number of hours the personnel will be used in the MAGTF operation. A Project Director must verify that adequate funds exist under the grant and pre - approve the expenditure of the funds prior to the personnel being used in the operation. Agencies neglecting to get the expenditure pre - approved will not be eligible for reimbursement. After the Operation is complete, the agencies seeking reimbursement are to provide a completed invoice detailing the names of the personnel used, the rates of pay and the actual number of hours the personnel participated in the Seminole County Multi Agency Gang Task Force MAGTF Page 2 of 4 September 30, 2008 - January 1, 2013 operation to the Grant section for payment. The invoice form will be given to the agency's representative. All funds shall be maintained and accounted for by the Grants section of the Sheriff's Office. The SCSO Project Directors will provide reports quarterly to all parties. 8. Duration: This agreement shall remain in full force and effect until January 1, 2013. 9. Voluntary Cooperation Agreement: The goal of the MAGTF is to render law enforcement assistance with a multi-jurisdictional response within Seminole County, to address criminal and social behavior related to youth gangs and criminal street gang activities. These offenses include, but are not limited to, graffiti, criminal mischief, loitering and prowling, drug sales and purchase, and various property crimes, as well as the disorder that comes from those criminal associations. The Seminole County Sheriff's Office, under the provisions of the Seminole County Inter -Local Voluntary Cooperation Mutual Aid Agreement that establishes a Voluntary Cooperation Agreement forming the Multi- Agency Gang Task Force, is requesting the assistance of all law enforcement agencies in the MAGTF to provide manpower to conduct gang activity abatement operations on an as- needed basis. As provided by this agreement municipal officers participating in these operations will have countywide law enforcement authority for the duration of this operation and will be governed by the Seminole County Sheriff's Office Written Directives. 10. MAGTF Officer Indemnification: Each party engaging in any mutual cooperation and assistance, pursuant to this agreement, agrees with respect to any suit or claim for damages resulting from any and all acts, omissions, or conduct of such party's own appointees/employees occurring while engaging in rendering such aid, pursuant to this agreement, to hold harmless, defend, and indemnify the other participating party and his appointees/employees, subject to provisions of section 768.28 Florida Statutes, where applicable and to the extent permitted by law. Any party having a duty to indemnify and defend under this agreement shall have control of the defense of any suit or claim arising under said duty. Each party shall be responsible for the acts, omissions, or conducts of its own employees. Seminole County Multi Agency Gang Task Force MAGTF Page 3 of 4 September 30, 2008 - January 1, 2013 • Sheriff Donald F. Eslinger, Seminole County Sheriff's Office Chief Bryant Garrett, Sanford Airport Police Department Chief Robert C. Merchant, Jr., Altamonte Springs Police Department Chief Jim Ruf, Casselberry Police Department Chief Steve Bracknell, Lake Mary Police Department Chief Thomas Jackson, Longwood Police Department Chief Jeffrey Chudnow, Oviedo Police Department Chief Brian Tooley, Sanford Police Department Acting Chief Kevin Brunelle, Winter Springs Police Department Seminole County Multi Agency Gang Task Force MAGTF Page 4 of 4 September 30, 2008 - January 1, 2013 Party's acceptance of the Voluntary Cooperation Mutual Aid Agreement among the member agencies of Seminole County, Florida for the MULTI AGENCY GANG TASK FORCE 1 MAGTF Pursuant to F.S.23.1225(3), this agreement may be entered Into by a Chief Executive Officer of the agency who is authorized to contractually bind the agency. By signing below, an indication of such authorization is being made. Any signatory may attach to this signature page and any further evidence of authorization you wish to remain on file at FDLE alone with a nature page. Semino ou ; 11/ riffs Office i► Donald F. nger, Date Party's acceptance of the Voluntary Cooperation Mutual Aid Agreement among the member agencies of Seminole County, Florida MULTI AGENCY GANG TASK FORCE / MAGTF Pursuant to F.S.23.1225(3), this agreement may be entered into by a Chief Executive Officer of the agency who is authorized to contractually bind the agency. By signing below, an indication of such authorization is being made. Any signatory may attach to this signature page and any further evidence of authorization you wish to remain on file at FDLE along with signature page. City of Altamonte Springs Chief Robert C. Merchant, Jr. Altamonte Springs Police Department ruit Date Party's acceptance of the Voluntary Cooperation Mutual Aid Agreement among the member agencies of Seminole County, Florida for the MULTI AGENCY GANG TASK FORCE 1 MAGTF Pursuant to F.S.23.1225(3), this agreement may be entered into by a Chief Executive Officer cif the agency who is authorized to contractually bind the agency. By signing below, an indication of such authorization is being made. Any signatory may attach to this signature page and any further evidence of authorization you wish to remain on file at FDLE along with signature page. City of Casselberry e, Jim Ruf Casselbeny Police Department (il/7/a Date Party's acceptance of the Voluntary Cooperation Mutual Aid Agreement among the member agencies of Seminole County, Florida for the MULTI AGENCY GANG TASK FORCE 1 MAGTF Pursuant to F.S.23.1225(3), this agreement may be entered into by a Chief Executive Officer of the agency who is authorized to contractually bind the agency. By signing below, an indication of such authorization is being made. Any signatory may attach to this signature page and any further evidence of authorization you wish to remain on file at FDLE along with signature page. City of Lake Mary _as N Chief Steve Bracknell. Lake Mary Police Department is /i7 /a Date Party's acceptance of the Voluntary Cooperation Mutual Aid Agreement among the member agencies of Seminole County, Florida for the MULTI AGENCY GANG TASK FORCE / MAGTF Pursuant to F.S.23.1225(3), this agreement may be entered into by a Chief Executive Officer of the agency who is authorized to contractually bind the agency. By signing below, an indication of such authorization is being made. Any signatory may attach to this signature page and any further evidence of authorization you wish to remain on file at FDLE along with signature page. City of Longwood ) Chief Thome ackson Longwood Po a Department Date Party's acceptance of the Voluntary Cooperation Mutual Aid Agreement among the member agencies of Seminole County, Florida for the MULTI AGENCY GANG TASK FORCE 1 MAGTF Pursuant to F.S.23.1225(3), this agreement may be entered into by a Chief Executive Officer of the agency who is authorized to contractually bind the agency. By signing below, an indication of such authorization Is being made. Any signatory may attach to this signature page and any further evidence of authorization you wish to remain on file at FDLE along with signature page. City of Oviedo J y Chudnow viedo Police Department /A,/,7//7 GO B' Dat • Party's acceptance of the Voluntary Cooperation Mutual Aid Agreement among the member agencies of Seminole County, Florida for the MULTI AGENCY GANG TASK FORCE 1 MAGTF Pursuant to F.S.23.1225(3), this agreement may be entered into by a Chief Executive Officer of the agency who is authorized to contractually bind the agency. By signing below, an indication of such authorization is being made. Any signatory may attach to this signature page and any further evidence of authorization you wish to remain on file at FDLE along with signature page. ORLAN I 1 SANFORD AIR • RT AUTHO - Chef :r ant Garrett Sanford Airport Police Department r2///1 //4q Date Party's acceptance of the Voluntary Cooperation Mutual Aid Agreement among the member agencies of Seminole County, Florida for the MULTI AGENCY GANG TASK FORCE / MAGTF Pursuant to F.S.23.1225(3), this agreement may be entered into by a Chief Executive Officer of the agency who is authorized to contractually bind the agency. By signing below, an indication of such authorization is being made. Any signatory may attach to this signature page and any further evidence of authorization you wish to remain on file at FDLE along with signature page. Orlando anford Airport Authors Cam La A. Dale, President and CEO Sanford Airport Authority /07/cLY Date Party's acceptance of the Voluntary Cooperation Mutual Aid Agreement among the member agencies of Seminole County, Florida for the MULTI AGENCY GANG TASK FORCE / MAGTF Pursuant to F.S.23.1225(3), this agreement may be entered into by a Chief Executive Officer of the agency who is authorized to contractually bind the agency. By signing below, an indication of such authorization is being made. Any signatory may attach to this signature page and any further evidence of authorization you wish to remain on file at FDLE along with signature page. City of Sanford �---- (( I hief Brian Tooley Sanford Police Department 2/ d Date Party's acceptance of the Voluntary Cooperation Mutual Aid Agreement among the member agencies of Seminole County, Florida for the MULTI AGENCY GANG TASK FORCE I MAGTF Pursuant to F.S.23.1225(3), this agreement may be entered into by a Chief Executive Officer of the agency who is authorized to contractually bind the agency. By signing below, an indication of such authorization is being made. My signatory may attach to this signature page and any further evidence of authorization you wish to remain on file at FDLE along with si • nature page. S , Ok .. my Sheriffs Office 0 111 1A1S 0 _ 1 2 1 .■ = r Donald F. - "v er, heriff t I OD Date Party's acceptance of the Voluntary Cooperation Mutual Aid Agreement among the member agencies of Seminole County, Florida for the MULTI AGENCY GANG TASK FORCE / MAGTF Pursuant to F.S.23.1225(3), this agreement may be entered into by a Chief Executive Officer of the agency who is authorized to contractually bind the agency. By signing below, an indication of such authorization is being made. Any signatory may attach to this signature page and any further evidence of authorization you wish to remain on file at FDLE along with signature page. City of Winter Springs cting Chief of Police Kevin Brunelle Winter Springs Police Department o SS Date • • Sheriff Donald F. Eslinger Trsi^ Member, Florida Sheriffs Association An Internationally Accredited Agency ' f- Member, National Sheriffs' Association -t' Seminole County February 16, 2009 Mr. Walt Turner Florida Department of Law Enforcement P. O. Sox 1489 Tallahassee, FL 32302 -1489 Dear Mr. Turner: Please find enclosed a copy of Seminole County Sheriff's Office MAGTF Mutual Aid Agreement effective from 9/30/08- 1/1/2013: 1. Multi Agency Gang Task Force (MAGTF) Pursuant to Section 23.1225(4), Florida Statutes, these Mutual Aid Agreements are hereby filed with the Division of Local Law Enforcement Assistance of the Florida Department of Law Enforcement. Sincerely, SHERIFF DONALD F. ESLINGER W 14tal----------- Chief Deputy Steven D. Harriett Attachments (1) ' 100 Bush Blvd., Sanford, Florida 32773 http: / /www.seminolesheriff.org Office: (407) 665 -6600 / Corrections: (407) 323 -6512 / Orlando Exchange: (407) 8304111 REACCREDITATION AGREEMENT This Agreement is entered into between the Winter Springs Police Department, with offices at 300 North Moss Road, Winter Springs, Florida 32708, hereafter referred to as the "Applicant ", and the Commission for Florida Law Enforcement Accreditation, Inc., a Florida not - for - profit corporation, at 3504 Lake Lynda Drive, Suite 380, Orlando, Florida 32817, hereafter referred to as the "Commission ". WITNESSETH The Applicant and the Commission, for and in consideration of the mutual covenants set forth in this Agreement and the compensation to be paid the Commission by the Applicant hereinafter specified, covenant and agree to be bound by the provisions, terms, and covenants contained herein. WHEREFORE, each party covenants and agrees • as follows: 1. PURPOSE OF THIS AGREEMENT: 1.1 The purpose of this Agreement is to establish the continued relationships between, and set the continued responsibilities of, the parties to this Agreement by assessing the Applicant's continued compliance with the standards established by the Commission in order for the Commission to determine if the Applicant is eligible for reaccredited status. 1.2 Unless specifically stated otherwise, all terms and conditions stated in this Agreement apply to reaccreditation and the Applicant is responsible for complying with all terms and conditions of this Agreement during the reaccreditation process. 2. APPLICANT RESPONSIBILITIES: The Applicant agrees to: 2.1 Provide all information, using its best and honest judgement in good faith, requested by the Commission. 2.2 Provide all documents, files, records, and other data as required by the Commission so far as the same may be provided in accordance with laws, regulations, and ordinances of the county and locality, or municipality in which the Applicant is located. Page 1 of 10 Rev. 02/20/2008 2.3 Conduct a self - assessment as to the degree of compliance with standards that pertain to agency functions and provide full and accurate results thereof to the Commission. 2.4 Provide one or more persons to assist the Commission's representatives, hereafter referred to as the "Assessors ", in snaking the necessary inquiries and assessments of agency information relative to compliance with the standards, provide access to files and records, and provide necessary facilities that are requested by the Assessors. 2.5 Respond to all communications from the Commission within ten (10) business days from the receipt thereof. 2.6 An applicant seeking reaccreditation by comparative compliance must satisfy the Commission standards found as Appendix B in the current edition of the Florida Standards Manual. 2.7 If the Applicant received reaccredited status by comparative compliance, the Applicant must notify the Commission in writing upon the expiration, revocation, or withdrawal of Applicant's reaccredited status with the Commission on Accreditation for Law Enforcement Agencies, Inc., (C.A.L.E.A) 3. COMMISSION'S RESPONSIBILITIES: The Commission agrees to: 3.1 Provide necessary documentation, forms and instructions regarding the reaccreditation process. 3.2 Provide Assessors for the purpose of conducting an on -site assessment as to the Applicant's continued compliance with standards. 3.3 Promptly analyze all compliance data and advise the Applicant of (a) any need for additional information, or (b) the results of the on-site assessment. 3.4 Assess all compliance data against the standards and certify the Applicant as reaccredited if the relevant standards are met and compliance is accepted by the Commission. Page 2 of 10 Rev. 02/20/2008 3.5 If the Applicant is reaccredited, provide (a) a certificate, or (b) additional indications of reaccreditation, if necessary. 3.6 Following an examination of compliance with the applicable standards, if the Applicant is not reaccredited by the Commission at the time of review, the Applicant will be notified with the reasons for such determination within 30 days. 4. TIME PERIOD COVERED BY THIS AGREEMENT: 4.1 This Agreement shall take effect when the Applicant's Chief Executive Officer, or authorized representative and the Commission's authorized representative sign the Agreement and shall remain in effect for three years from the date the Commission certifies the Applicant as reaccredited at a general meeting. 4.2 The terms and covenants of this Agreement shall terminate in the following circumstances: (a) Failure to achieve reaccreditation not longer than the three (3) year anniversary date of the last accreditation/reaccreditation; except as provided in Section 4.3; or (b) Upon written notice by the Applicant that the Applicant intends to withdraw from the reaccreditation process; or (c) Upon termination pursuant to Section 5.2 hereof; or (d) Upon notification pursuant to Section 15, that the Applicant cannot maintain cotpliance with standards set forth by the Commission; or (e) Upon failure of the Applicant to pay all fees and costs required by this Agreement relating to the Applicant's reaccreditation within the time mandated, except that the Agreement may be extended pursuant to Section 4.3; or Page 3 of 10 Rev. 02/20/2008 (f) Upon expiration, or revocation pursuant to Section 14.2 of the Applicant's reaccredited status, 4.3 The Applicant may submit a written request to the Commission to extend this Agreement in order to comply with the relevant standards for reaccreditation if the standards cannot be met at the expiration of the Applicant's accredited - status. The Commission, in its discretion, may grant an extension in accordance with the "Contract Extension Policy" adopted 10/98, and in such an event the Applicant shall pay any additional fees the Commission deems reasonable. 4.4 If the Applicant's accreditation lapses, the Applicant may reapply for reaccreditation pursuant to Commission Policy # CFA.012 (Changes in Accredited Status). 4.5 An Applicant accredited by the Commission on Accreditation for Law Enforcement Agencies, Inc., CALEA, whose initial accreditation was based on comparative compliance must maintain its CALEA accreditation during the time of any reaccreditation under this Agreement. Failure to maintain CALEA accredited status during the pendancy of this Agreement may result in the Commission requiring an immediate on -site review (full or partial compliance) at any time during the Applicant's reaccreditation period and will result in reaccreditation being based on a full compliance on- site assessment at the time of reaccreditation. 5. MODIFICATIONS: 5.1 Applicant shall not make any modifications to this Agreement except in writing, signed by both parties, and executed with the same formalities as this document. 5.2 The Applicant recognizes and acknowledges that it will be necessary for the Commission to make reasonable modifications and amendments to the Agreement and other related documents, including but not limited to the accreditation standards and procedures thereto and hereby agrees to endorse and agree to all modifications and amendments. Applicant shall be notified of such modifications and/or amendments in writing. In the event the Applicant refuses to comply with any modifications or amendments, the Commission reserves the right to terminate this Agreement after due consideration thereof by giving Page 4 of 10 Rev. 02/20/2008 notice by registered or certified mail, return receipt requested, within twenty (20) days, of such refusal. 5.3 Applicant must utilize the most current edition of the Florida Standards Manual in circulation at time of signing this Agreement. If the Commission approves another standards - - edition during the pendancy of this Agreement, Applicant may notify the Commission in writing of its intent to utilize the approved edition of standards. New or amended standards are effective upon enactment. Compliance by Applicant must be demonstrated at their next on -site assessment following the enactment date. If Applicant's on -site occurs within one year of enactment date, applicant may delay compliance for up to one year after the enactment date. The Applicant must utilize only one edition of the standards in its entirety. 6. TIME AND MANNER OF PAYMENT: 6.1 Payment of reaccreditation fees shall be based upon the fee structure below. One -half of the total fee is due upon signing of the contract and the balance due in twelve (12) months; or the Applicant may pay the fees in full. 6.2 The Applicant shall be responsible for Assessor costs, including travel, lodging, and per diem paid in. accordance with Applicant's travel policy. The Applicant shall not be responsible for any overtime or other salary costs associated with Assessors performing duties in connection with this Agreement. 6.3 Applicants pursuing full compliance reaccreditation shall be required to pay a fee to the Commission in accordance with the following fee structure. Such fee structure is based on the number of authorized, sworn law enforcement positions at the time this agreement is executed: NUMBER FEE 1 - 09 Donation 10 - 24 $ 500.00 25 - 99 1,000.00 100 - 299 2,000.00 - 300 - 499 3,000.00 500 + 4,000.00 Page 5 of 10 Rev. 02/20/2008 6.4 Applicants pursuing comparative compliance reaccreditation, i.e., those applicants currently accredited with the Commission on Accreditation for Law Enforcement Agencies (CALEA) shall be required to pay a fee to the Commission for reaccreditation in accordance with the following fee structure. Such fee structure is based on the - - number of authorized, sworn law enforcement positions at the - time this agreement is executed. This fee structure represents a forty (40 %) reduction from the full compliance fee structure: NUMBER FEE 1 - 09 Donation 10 - 24 $ 300.00 25 - 99 600.00 100 - 299 1,200.00 300 — 499 1,800.00 500 + 2,400.00 6.5 The Applicant arees to use the proprietary Accreditation Manager web -based software. Access will be granted by the Commission with the understanding that the Applicant shall pay an annual user's fee of $300. 6.6 The Applicant agrees that any and all fees submitted will be forfeited if the Applicant does not become reaccredited or withdraws from the process before the completion unless an extension is granted pursuant to Section 4.3 above. 7. NEWS RELEASES: 7.1 The Commission shall have the right to identify the Applicant in news releases and any publicity program the Commission deems appropriate after the Applicant's on -site has been scheduled. The purpose of said news release or publicity programs will be to identify the Applicant as accredited and seeking reaccreditation. Where specific mention of the Applicant is used in this regard, a copy of the news release or publicity material will be provided to the Applicant for its information. 7.2 The Applicant shall provide the Commission with a copy of all its news releases or publicity material concerning its accreditation activities. Page 6 of 10 Rev. 02/20/2008 8. THE COMMISSION AS AN INDEPENDENT CONTRACTOR: In all matters pertaining to this Agreement, the Commission .shall be acting as an independent contractor, and neither the Commission nor any officer, employee, or agent of the Conunission will be deemed an employee of the Applicant. The selection and designation of the personnel of the Commission as it relates to performance of its responsibilities under this Agreement shall be made by the Commission. 9. WARRANTY NOT INTENDED OR IMPLIED: r 9.1 It is understood that the Commission's award of reaccreditation does not constitute a warranty, expressed or implied, of total or continued compliance by the Applicant Agency with all'applicable standards and further, that it is not a substitute for the Applicant Agency's ongoing and in depth monitoring and evaluation of its activities and the quality of its services. 9.2 The Commission makes no representations or warranties, expressed or implied, of the benefit of any person or entity with regard to aspect of the standards contained herein. 10. INTEGRATION: This instrument embodies the whole Agreement of the parties. The parties warrant that there are no promises, terms, conditions, or obligations other than those contained herein. This Agreement shall supersede all previous communications, representations, or agreements, either verbal or written, between the parties hereto. 11. SEVERABILITY: If any provision of this Agreement or the application of such provision to any person or circumstance shall be held invalid, the remainder of this Agreement and the application of such provisions to persons or circumstances other than those to which it is held invalid, shall not be affected thereby. Page 7 of 10 Rev. 02/20/2008 The terms and conditions of this Agreement shall be binding on the Applicant for the entire reaccreditation period. 12. CHOICE OF LAW: This Agreement and the rights of the parties hereunder shall be governed by and interpreted in accordance with Florida law. 13. MAINTAINING THE APPLICANT'S ACCREDITED/REACCREDITED STATUS: 13.1 If the Applicant is awarded reaccredited status by the Commission, the Applicant agrees to remain in compliance with those standards under which reaccreditation is awarded. New or amended standards are effective upon enactment. Compliance by Applicant must be demonstrated at their next on -site assessment following the enactment date. If Applicant's on -site occurs within one year of enactment date, applicant may delay compliance for up to one year after the enactment date. After an award of reaccreditation, the Applicant agrees to (a) file a brief annual report that testifies to its continuing compliance on a form approved by the Commission and (b) promptly notify the Commission when it cannot maintain compliance with standards under which it was reaccredited. 13.2 If the Commission has determined that reasonable grounds exists to believe an agency is not in. compliance with the standards under which reaccreditation was awarded, the Commission may require an immediate on -site review (full or partial) at any time during the Applicant's reaccreditation period at the expense of the Applicant. The Commission may revoke reaccredited status if the review indicates that the Applicant is not in compliance with the standards under which it was reaccredited or may take such other action as the Commission deems appropriate. 14. WAIVER: Any waiver by the Commission of any breach of this Agreement by the Applicant shall relate only to that particular breach and shall not amount to a general waiver. Page 8 of 10 Rev. 02/20/2008 15. NOTICE: Any notice between the parties shall be in writing to the addresses as specified in the preamble to the Agreement or to such other address as either party may specify in writing in accordance with this section. 16. HEADINGS: The headings to this Agreement shall not be deemed part of it - and shall not in any way affect its construction. 17. CONSENT TO BE BOUND: 17.1 The Applicant has read the following document and agrees to and accepts the standards set forth by the Commission for Florida Law Enforcement Accreditation, Inc. 17.2 All disputes arising under this Reaccreditation Agreement of the enforcement, execution, or any other actions, relative to this Reaccreditation Agreement or any other agreement, standard, rule, or regulation, pertaining to the reaccreditation process, will be arbitrated in the city of Orlando, Florida, pursuant to the Commercial Arbitration Rules of the American Arbitration Association. 17.3 The person signing on behalf of the Applicant hereby represents and warrants that he /she has the power and the authority to execute this Agreement and to bind the Applicant to all terms and conditions set herein including, but not limited to, the provisions of this Section 18. Page 9 of 10 Rev. 02/20/2008 • IN WITNESS WHEREOF, the Applicant has caused this Agreement to be executed on (date): November 10, 20081 Attest: ._ • # r _.....� * Title: Interim Chief of Police A - ..1� ** Ti : Accreditation Manager IN WITNESS WHEREOF, the Commission has caused this Agreement to be executed by the Executive Director of the Commission, acting on its behalf, on c (date): 7 L,iv—' 1,9 2 e Commi . ion for lorida Law Enforcement Acct itation, Inc. By: AL.' . - r Gri Director * Title of the Applicant's Chief Executive Officer ** Title of the appropriate civil authority in the event such signature is required to effect this Agreement. Page 10 of 10 Rev. 02/20/2008 VOLUNTARY COOPERATION ESTABLISHING A CITY /COUNTY /STATE TRAFFIC ENFORCEMENT UNIT The City of Altamonte Springs, Florida The City of Casselberry, Florida The City of Lake Mary, Florida The City of Longwood, Florida The City of Maitland, Florida The City of Oviedo, Florida The City of Sanford, Florida The City of Winter Springs, Florida The Sanford Airport Authority and The Sheriff of Seminole County, Florida Florida Highway Patrol Florida Department of Transportation — Motor Carrier Compliance Seminole County, Florida CSX Railroad Police — Orlando Office of Special Agents The Altamonte Springs Police Department, the Casselberry Police Department, the Lake Mary Police Department, the Longwood Police Department, the Maitland Police Department, the Oviedo Police Department, the Sanford Police Department, the Winter Springs Police Department, the Seminole County Sheriff's Office, the Florida Highway Patrol., the Florida Department of Transportation — Motor Carrier Compliance, Seminole County, Sanford Airport Authority Police Department and the CSX Railroad Police Department — Orlando Office of Special Agents hereby enter into a Voluntary Cooperation Agreement forming the City/County /State Traffic Enforcement Unit to provide collective countywide traffic enforcement and control services on an as- needed basis according to procedures specified herein. NOW, THERFORE, THE PARTIES AGREE AS FOLLOWS: SECTION I. CITY /COUNTY /STATE TRAFFIC ENFORCEMENT UNIT REQUEST AND RESPONSE Mutual Aid Agreement — January 2009 Page 1 Of 4 City /County/State Traffic Enforcement Unit Cities of Altamonte Springs, Casselberry, Lake Mary, Longwood, Maitland, Oviedo, Sanford, Winter Springs, Sanford Airport Authority and Seminole County, Florida A. The parties of this agreement dealing with routine law enforcement traffic problems and prearranged traffic enforcement programs requiring the use of the City /County /State Traffic Enforcement Unit shall notify the Sheriff. Chief or agency head, or his designee, from whom such assistance is required, at such time as assistance is requested. B. The Sheriff, Chief or agency head, or his designee, whose assistance is sought, shall evaluate the situation, his agency's available resources, and shall respond in a manner that he deems appropriate. The agency head's decision in this regard shall be final. C. Where operational requirements develop during a law enforcement operation that require the crossing of jurisdictional lines, each party agrees to notify by radio, telephone, or in writing, the Sheriff, Chief or agency head, or his designee, of the Jurisdictions) involved, prior to, or as soon as possible thereafter, when jurisdictional lines are crossed. SECTION I1. POLICY AND PROCEDURE A. The resources or facilities that are assigned by the assisting agency 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 designee of the agency requesting assistance. B. Should additional violations of Florida Statutes occur in the presence of said officer, representing his or her respective agency in furtherance of this Agreement, he /she shall be empowered to render enforcement assistance and act in accordance with the law. SECTION 111. POWERS, PRIVILEGES, IMMUNITIES, AND COSTS A. Members of the subscribed law enforcement agencies, when actually engaging in mutual cooperation and assistance outside of the jurisdictional limits of their respective agencies, under the terms of this Agreement, shall, pursuant to the provisions of Section 23.127, Florida Statutes, have the same powers, duties, rights, privileges, and Mutual Aid Agreement - January 2009 Page 2 of 4 City /County /State Traffic Enforcement Unit Cities of Altamonte Springs, Casselberry, Lake Mary, Longwood, Maitland, Oviedo, Sanford, Winter Springs, Sanford Airport Authority and Seminole County, Florida immunities, as if they were performing their duties in the political subdivision in which they are norrnally employed. B. Each party agrees to fumish necessary 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 equipment, resources, facilities, and services, in fumishing such mutual aid. C. The agency furnishing aid, pursuant to this Agreement, shall bear the loss or damages to such equipment, and shall pay any expense Incurred in the operation and maintenance thereof. D. The agency fumishing aid, pursuant to this Agreement, shall compensate its appointees /employees during the time such aid is rendered, and shall defray the actual travel maintenance expenses of such appointees /employees while they are rendering such aid, including any amounts paid or due for compensation due to personal injury or death while such appointees /employees are engaged in rendering such aid. E. All the privileges and immunities from liability, exemption from laws, ordinances • and rules, and all pension, insurance, relief, disability, worker's compensation, salary, death, and other benefits that apply to the activity of such officers, agents, or employees of anysuch agency when performing their respective functions within the territorial limits of their respective public agencies, shall apply to them to the same degree, manner, and extent while engaged in the performance of any of their functions and duties extraterritorially under the provisions of this Voluntary Cooperation Agreement. The provisions of this section shall apply with equal effect to full time paid, part time, volunteers, and reserve members. SECTION IV. INDEMNIFICATION Each party engaging in any mutual cooperation and assistance, pursuant to this Agreement, agrees with respect to any suit or claim for damages resulting from any and all acts, omissions, or conduct of such party's own appointees /employees occurring while engaging in rendering such aid, pursuant to this Agreement, to hold harmless, defend and indemnify the other participating party and his appointees /employees, subject to Mutual Aid Agreement — January 2009 Page 3 of 4 City /County /State Traffic Enforcement Unit Cities of Altamonte Springs, Casselberry, Lake Mary, Longwood, Maitland, Oviedo, Sanford, winter Springs, Sanford Airport Authority and Seminole County, Florida provisions of Section 768.28, Florida Statutes, where applicable and to the extent permitted by law. Any party having a duty to indemnify and defend under this Agreement shall have control of the defense of any suit or claim arising under said duty. Each party shall be responsible for the acts, omissions, or conducts of its own employees. SECTION V. INSURANCE PROVISIONS Each party shall provide satisfactory proof of self insurance or liability insurance by one or more of the means specified in Section 768.28(14), Florida Statutes, in an amount that is, in the Judgment of the goveming body of that party, at least adequate to cover the risk to which that party may be exposed. Should the insurance coverage, however provided, of any party be canceled or undergo material change, that party shall notify all parties to this Agreement of such change within ten (10) days of receipt of notice or actual knowledge of such change. SECTION VI. EFFECTIVE DATE This City /County /State Traffic Enforcement Unit Voluntary Cooperation Agreement shall take effect upon execution and approval by the hereinafter -named officials, and shall continue in full force and effect until January 01, 2013, unless terminated prior thereto by any or all the parties herein. SECTION VIII. CANCELLATION Under no circumstances may this Agreement be renewed or extended, except in writing. Any party may withdraw from this Agreement upon thirty (30) days written notice to all other parties signatured below. IN WITNESS WHEREOF, THE PARTIES HERETO CAUSE THESE PRESENTS 70 BE SIGNED ON THE DATE SPECIFIED: Mutual Aid Agreement — January 2009 Page 4 of 4 CitylCountylState Traffic Enforcement Unit Cities of Altamonte Springs, Casselherry, Lake Mary, Longwood, Maitland, Oviedo, Sanford, Winter Springs, Sanford Airport Authority and Seminole County, Florida Patty's acceptance of the Voluntary Cooperation Mutual Aid Agreement among the member agencies of Seminole County, Florida City /CountylState Traffic Enforcement Unit - Pursuant to F.S.23 ;1225(3), this agreement may be entered into by a Chief Executive _ _ _ Officer of the agency who is authorized to contractually bind the agency. By signing below, an indication of such authorization is being made. Any signatory may attach to this signature page and any further evidence of authorization you wish to remain on file at FDLE along with signature page. Cit Altamonte Springs 0 011ulW,,, a.Z• 1 v . ` Q: R pPO ,T Patricia Bate , Mayor = : ` * � T F O; E. City of Altamonte Springs, Florida 4 1920 L ifoi/ircii, /9 4 coe vi.....4 „„„,......% %If Date J Party's acceptance of the Voluntary Cooperation Mutual Aid Agreement among the member agencies of Seminole County, Florida City /County /State Traffic Enforcement Unit Pursuant to F.S.23.1225(3), this agreement may be entered into by a Chief Executive Officer of the agency who is authorized to contractually bind the agency. By signing below, an indication of such authorization is being made. Any signatory may attach to this signature page and any further evidence of authorization you wish to remain on file - at FDLE along with signature page. City of Casselberry (2441,1— Charlene Glan Mk/or City of Casselberry, Florida Date Party's acceptance of the Voluntary Cooperation Mutual Aid Agreement among the member agencies of Seminole County, Florida City /County /State Traffic Enforcement Unit Pursuant to F.S.23.1225(3), this agreement may be entered into by a Chief Executive Officer of the agency who is authorized to contractually bind the agency. By signing below, an indication of such authorization is being made. Any signatory may attach to - - - - this signature page and any further evidence of authorization you wish to remain on file at FDLE along with signature page. l ity of Lake ry J n Litton, City Manager of Lake Mary, Florida Dat Party's acceptance of the Voluntary Cooperation Mutual Aid Agreement among the member agencies of Seminole County, Florida City /CountylState Traffic Enforcement Unit Pursuant to F.S.23.1225(3), this agreement may be entered into by a Chief Executive Officer of the agency who is authorized to contractually bind the agency. By signing below, an indication of such authorization is being made. Any signatory may attach to this signature pane and any further evidence of authorization you wishto remain on file - at FDLE along with signature page. City of Longwood a1/4-5: 2Lt B ian Sackett, Ma City of Longwood`Fiaricia t"P ■S4a.✓N`I Co) ? roh7 Date -J Party's acceptance of the Voluntary Cooperation Mutual Aid Agreement among the member agencies of Seminole County, Florida CitylCountylState Traffic Enforcement Unit Pursuant to F.S.23.1225(3), this agreement may be entered into by a Chief Executive Officer of the agency who is authorized to contractually bind the agency. By signing below, an indication of such authorization is being made. Any signatory may attach to this signature page and any further evidence of authorization you wish to remain on file - at FDLE along with signature page. City of M itla rz< Ga alhoun, hie of Police City of Maitland, Florida Ol'20 "° di Date Party's acceptance of the Voluntary Cooperation Mutual Aid Agreement among the member agencies of Seminole County, Florida City /County /State Traffic Enforcement Unit Pursuant to F.S.23.1225(3), this agreement may be entered into by a Chief Executive Officer of the agency who is authorized to contractually bind the agency. By signing below, an indication of such authorization is being made. Any signatory may attach to this signature page and any further evidence of authorization you wish to remain on file at FDLE along with signature page. ORLAND SANFORD P T AUTHORITY Larr Dale, President & CEO Sanford Ai ort Authority D Party's acceptance of the Voluntary Cooperation Mutual Aid Agreement among the member agencies of Seminole County, Florida City /County /State Traffic Enforcement Unit Pursuant to F.S.23.1225(3), this agreement may be entered into by a Chief Executive Officer of the agency who is authorized to contractually bind the agency. By signing below, an indication of such authorization is being made. Any signatory may attach to this signature page and any further evidence of authorization you wish to remain on file -- - at FDLE along with signature page. City of Oviedo Mary LouAndrevs, Mayor City of Oviedo, Florida December 3, 2008 Date Party's acceptance of the Voluntary Cooperation Mutual Aid Agreement among the member agencies of Seminole County, Florida City /County /State Traffic Enforcement Unit Pursuant to F.S.23.1225(3), this agreement may be entered into by a Chief Executive Officer of the agency who is authorized to contractually bind the agency. By signing below, an indication of such authorization is being made. Any signatory may attach to - - - this signature page and any further evidence of authorization - you wish to remain on file at FDLE along with signature page. City of Sanford Sherman Yehl, Ci anager City of Sanford, Florida Date Party's acceptance of the Voluntary Cooperation Mutual Aid Agreement among the member agencies of Seminole County, Florida City /County /State Traffic Enforcement Unit Pursuant to F.S.23.1225(3), this agreement may be entered into by a Chief Executive Officer of the agency who is authorized to contractually bind the agency. By signing below, an indication of such authorization is being made. Any signatory may attach to - -- this signature page and any further evidence of authorization wish to remain on file at FDLE along with signature page. Se - ' • ole Cou Lileriff s Office Donald F. Eslinger, Sheriff 11 ►� -P� Date Party's acceptance of the Voluntary Cooperation Mutual Aid Agreement among the member agencies of Seminole County, Florida City /County /State Traffic Enforcement Unit Pursuant to F.S.23.1225(3), this agreement may be entered into by a Chief Executive _ Officer of the agency who is authorized to contractually bind the agency. By signing below, an indication of such authorization is being made. Any signatory may attach to this signature page and any further evidence of authorization you wish to remain on file at FDLE along with signature page. City of Winter Sprin s h law Kevin Brunelle, Acting Chief of Police City of Winter Springs, Florida Date Party's acceptance of the Voluntary Cooperation Mutual Aid Agreement among the member agencies of Seminole County, Florida City /CountylState Traffic Enforcement Unit Pursuant to F.S.23.1225(3), this agreement may be entered into by a Chief Executive Officer of the agency who is authorized to contractually bind the agency. By signing below, an indication of such authorization is being made. Any signatory may attach to this tigriature page and any further evidence of authorization you wish to remain on file at FDLE along with signature page. Flo ...a Department of Transportation • ■ - -Q 11 Meli •a Conn- - Stultz, Lie t-nant Florida Department of T - sportation Motor Carrier Compliance 115 f )ao? Date Party acceptance of the Voluntary Cooperation Mutual Aid Agreement among the Member agencies of Seminole County, Florida City/County/ State Traffic Enforcement Unit Pursuant to F.S. 23.1225 (3), this agreement may be entered into by a Chief Executive Officer of the agency who is authorized to contractually bind the agency. By signing below, an indication of such authorization is being made. Any signatory may attach to this signature page and any further evidence of authorization you wish to remain on file at FDLE along with signature page. Florida Highway Patrol a Division of the Department of Highway Safety & Motor Vehicles Stacy ' rias, " hief Bureau f Purchasing & Contracts ig( Date Party's acceptance of the Voluntary Cooperation Mutual Aid Agreement among the member agencies of Seminole County, Florida CitylCountylState Traffic Enforcement Unit Pursuant to F.S.23.1225(3), this agreement may be entered into by a Chief Executive Officer of the agency who is authorized to contractually bind the agency. By signing - below, an indication of such authorization is being made. Any signatory may attach to this signature page and any further evidence of authorization you wish to remain on file at FDLE along with signature page. SEMINOLE COUNTY L1 kW% Cynthia A. Cc • ounty Manager Seminole Cou lorida Date INTER -LOCAL VOLUNTARY COOPERATION OPERATIONAL ASSISTANCE MUTUAL AID AGREEMENT The City of Altamonte Springs, Florida The City of Casselberry, Florida The City of Lake Mary, Florida The City of Longwood, Florida The City of Maitland, Florida The City of Oviedo, Florida The City of Sanford, Florida The City of Winter Springs, Florida The Sanford Airport Authority and The Sheriff of Seminole County, Florida WHEREAS, the subscribed 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 continuing, multi- jurisdictional law enforcement problems, so as to protect the public peace and safety, and preserve the lives and property of the people; and, WHEREAS, the Altamonte Springs Police Department, the Casselberry Police Department, the Lake Mary Police Department, the Longwood Police Department, the Maitland Police Department, the Oviedo Police Department, the Sanford Police Department, the Winter Springs Police Department, Sanford Airport Authority Police Department and the Seminole County Sheriff's Office have the authority under Part I of Chapter 23, Florida Statutes, the Florida Mutual Aid Act, to enter into a Voluntary Cooperation Agreement for assistance of a routine law enforcement nature that crosses jurisdictional lines and a Requested Operational Assistance Agreement for the rendering of assistance in connection with a law enforcement emergency. NOW, THERFORE, THE PARTIES AGREE AS FOLLOWS: SECTION I. PROVISIONS FOR REQUESTED OPERATIONAL ASSISTANCE Mutual Aid Agreement — January 2009 Page 1 of 5 Cities of Altamonte Springs, Casselberry, Lake Mary, Longwood, Maitland, Oviedo, Sanford, Winter Springs, Sanford Airport Authority and Seminole County, Florida THEREFORE, be It known that the aforesaid law enforcement agencies hereby approve and enter into this Agreement whereby each of the agencies may request or agree to render law enforcement assistance to the other in law enforcement emergencies to include, but not necessarily be limited to, civil disturbances, large, protest demonstrations, aircraft disaster, fires, natural or man -made disaster, sporting events, concerts, parades, escapes from detention facilities, incidents requiring utilization of specialized units, or other emergency as defined in Section 252.34, Florida Statutes.. SECTION II. PROVISIONS FOR VOLUNTARY COOPERATION THEREFORE, be it known that the aforesaid law enforcement agencies hereby approve and enter into this Agreement whereby each of the agencies may 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, assaults, burglaries, larcenies, gambling, motor vehicle thefts, and drug violations, pursuant to Chapter 893, Florida Statutes, back -up services, inter - agency task forces, and/or joint investigations including but not limited to, the City/County /State Traffic Enforcement Unit, the City /County Investigative Bureau, the City/County Canine Unit, The Special Weapons and Tactics Team, and the Bomb Disposal Unit SECTION III, POLICY AND PROCEDURE A. In the event that a party to this Agreement is in need of assistance as set forth above, it shall notify the agency head or his designee from whom such assistance is required. The agency head designee whose assistance is sought shall evaluate the situation and the agency's available resources, consult with his/her supervisors if necessary, and will respond in a manner he /she deems appropriate. The agency head's decision in this regard shall be final. B. The resources or facilities that are assigned by the assisting agency 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 designee of the agency requesting assistance. C. Where investigative priorities arise during a law enforcement operation that may Mutual Aid Agreement — January 2009 Page 2 of 5 Cities of Altamonte Springs, Casselberry, Lake Mary, Longwood, Maitland, Oviedo, Sanford, Winter Springs, Sanford Airport Authority and Seminole County, Florida require the crossing of jurisdictional lines, each party agrees that the agency administrator or his designee on duty shall notify the agency administrator of the jurisdiction entered, and request enforcement assistance. The responding agency administrator or-his designee shall evaluate the situation, consult with his appropriate supervisor if necessary, and, if required, insure that proper enforcement assistance is rendered. D. 1. Should an officer of a participating agency be in another jurisdiction for matters of a routine nature, or investigative nature, such as traveling through the area on routine business, attending a meeting, or going to or from work, and a criminal violation of Florida Statutes occurs in the presence of said officer, and said violation is a felony or other offense constituting a breach of the peace, the officer shall be empowered to render enforcement assistance and act in accordance with the law. 2. In the event a law enforcement officer of one of the parties to this Agreement has probable cause to arrest an individual for a felony offense in his/her jurisdiction and requests assistance in the location and apprehension of the suspect, and a law enforcement officer of one of the other parties to this Agreement is in the jurisdiction of the party requesting assistance and observes the suspect, the officer, representing his/her party, shall be empowered to render law enforcement assistance and act in accordance with the law and this Agreement. 3. Prior to enforcement action being taken in the other agency's jurisdiction, the officer shall notify that jurisdiction's Communications Center of the situation. The only exception would be the situation where immediate action is necessary. In that • event, the Communications Center would be notified immediately thereafter. E. Should additional violations of Florida Statutes occur in the presence of said officer, representing his or her respective agency in furtherance of this Agreement, he/she shall be empowered to render enforcement assistance and act in accordance with the law. SECTION IV. POWERS, PRIVILEGES, IMMUNITIES, AND COSTS A. Members of the subscribed law enforcement agencies, when actually engaging in Mutual Aid Agreement — January 2009 Page 3 of 5 Cities of Altamonte Springs, Casselberry, Lake Mary, Longwood, Maitland, Oviedo, Sanford, Winter Springs, Sanford Airport Authority and Seminole County, Florida mutual cooperation and assistance outside of the jurisdictional limits of their respective agencies, under the terms of this Agreement, shall, pursuant to the provisions of Section 23.127, Florida Statutes, have the same powers, duties, rights, privileges, and - immunities, as if -they were - performing their duties in the political subdivision in which - they are normally employed. B. Each party agrees to fumish necessary 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 equipment, resources, facilities, and services, in fumishing such mutual aid. C. The agency fumishing aid, pursuant to this Agreement, shall bear the Toss or damages to such equipment, and shall pay any expense incurred in the operation and maintenance thereof. D. The agency fumishing aid, pursuant to this Agreement, shall compensate its appointees /employees during the time such aid is rendered, and shall defray the actual travel maintenance expenses of such appointees /employees while they are rendering such aid, including any amounts paid or due for compensation due to personal injury or death while such appointees /employees are engaged in rendering such aid. E. All the privileges and immunities from liability, exemption from laws, ordinances and rules, and all pension, insurance, relief, disability, worker's compensation, salary, death, and other benefits that apply to the activity of such officers, agents, or employees of any such agency when performing their respective functions within the territorial limits of their respective public agencies, shall apply to them to the same degree, manner, and extent while engaged in the performance of any of their functions and duties extraterritorially under the provisions of this Mutual Aid Agreement. The provisions of this section shall apply with equal effect to full time paid, part time, volunteers, and reserve members. SECTION V. INDEMNIFICATION Each party engaging in any mutual cooperation and assistance, pursuant to this Agreement, agrees with respect to any suit or claim for damages resulting from any and Mutual Aid Agreement — January 2009 Page 4 of 5 Cities of Altamonte Springs, Casselberry, Lake Mary, Longwood, Maitland, Oviedo, Sanford, Winter Springs, Sanford Airport Authority and Seminole County, Florida all acts, omissions, or conduct of such party's own appointees /employees occurring while engaging in rendering such aid, pursuant to this Agreement, to hold harmless, defend, and indemnify the other participating party and his appointees /employees, subject to - provisions of Section 768.28, Florida Statutes, where applicable and to the extent permitted by law. Any party having a duty to indemnify and defend under this Agreement shall have control of the defense of any suit or claim arising under said duty. Each party shall be responsible for the acts, omissions, or conducts of its own employees. SECTION VI. INSURANCE PROVISIONS Each party shall provide satisfactory proof of liability insurance by one or more of the means specified in Section 768.28(14), Florida Statutes, in an amount that is, in the judgment of the goveming body of that party, at least adequate to cover the risk to which that party may be exposed. Should the insurance coverage, however provided, of any party be canceled or undergo material change, that party shall notify all parties to this Agreement of such change within ten (10) days of receipt of notice or actual knowledge of such change. SECTION VII. 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 January 1, 2013, unless • terminated prior thereto by any or all the parties herein. SECTION VIII. CANCELLATION This Agreement may be canceled by any party upon delivery of written notice to the other parties. Cancellation will occur at the direction of any subscribing party. IN WITNESS WHEREOF, THE PARTIES HERETO CAUSE THESE PRESENTS TO BE SIGNED ON THE DATE SPECIFIED: Mutual Aid Agreement — January 2009 Page 5 of 5 Cities of Altamonte Springs, Casselberry, Lake Mary, Longwood, Maitland, Oviedo, Sanford, Winter Springs, Sanford Airport Authority and Seminole County, Florida Parry's acceptance of the Voluntary Cooperation Mutual Aid Agreement among the member agencies of Seminole County, Florida INTERLOCAL VOLUNTARY COOPERATION FOR OPERATIONAL ASSISTANCE Pursuant to F.S.23.1225(3), this agreement may be entered into by a Chief Executive Officer of the agency who is authorized to contractually bind the agency. By signing below, an indication of such authorization is being made. Any signatory may attach to this signature page and any further evidence of authorization you wish to remain on file at FDLE along with signature page. City of Altamonte Springs ,24.,..s> .,,,,, #.,,,.. ...,, . ... Patricia Bates, Mayor �• o °� • City of Altamonte Springs, Florida • 1920 : Q , c • . , o • �(a0 .1 9 c k1 O , ' 4. C . � . „�, Date 7 '� 'unlr„ii u tu,�a���• Party's acceptance of the Voluntary Cooperation Mutual Aid Agreement among the member agencies of Seminole County, Florida INTERLOCAL VOLUNTARY COOPERATION FOR OPERATIONAL ASSISTANCE Pursuant to F.S.23.1225(3), this agreement may be entered into by a Chief Executive Officer of the agency who is authorized to contractually bind the agency. By signing below, an indication of such authorization is being made. Any signatory may attach to this signature page any further evidence of authorization you wish to remain on file - - - at FDLE along with signature page. City of Casselberry Charlene Gian , I4ayor City of Casselberry, Florida / /LD Date Party's acceptance of the Voluntary Cooperation Mutual Aid Agreement among the member agencies of Seminole County, Florida INTERLOCAL VOLUNTARY COOPERATION FOR OPERATIONAL ASSISTANCE Pursuant to F.S.23.1225(3), this agreement may be entered into by a Chief Executive Officer of the agency who is authorized to contractually bind the agency. By signing below, an indication of such authorization is being made. Any signatory may attach to this signature page and any further evidence of authorization you wish remain on file at FDLE along with signature page. CSX RAILROAD POLICE DEPARTMENT (qi// °#. a-T14°1— • Ron Richard .n, Special Agent CSX Railroad Police Department Orlando Office of Special Agents //g Date Party's acceptance of the Voluntary Cooperation Mutual Aid Agreement among the member agencies of Seminole County, Florida INTERLOCAL VOLUNTARY COOPERATION FOR OPERATIONAL ASSISTANCE Pursuant to F.S.23.1225(3), this agreement may be entered into by a Chief Executive Officer of the agency who is authorized to contractually bind the agency. By signing below, an indication of such authorization is being made. Any signatory may attach to this signature page and further evidence of authorization you-wish to remain on file at FDLE along with signature page. Ci • f Lake Mary Jo/ itton, City Manager Ci of Lake Mary, Florida II/J.1103 Datt • Party's acceptance of the Voluntary Cooperation Mutual Aid Agreement among the member agencies of Seminole County, Florida INTERLOCAL VOLUNTARY COOPERATION FOR OPERATIONAL ASSISTANCE Pursuant to F.S.23.1225(3), this agreement may be entered into by a Chief Executive Officer of the agency who is authorized to contractually bind the agency. By signing below, an indication of such authorization is being made. Any signatory may attach to this signature page and any further evidence of authorization you wish remain on file - at FDLE along with signature page. City of Lon wood Brian Sackett, Mayor e)14 City of Longwood, or' �e. brta r`L[ � 2 -C CD? Date 'J • Party's acceptance of the Voluntary Cooperation Mutual Aid Agreement among the member agencies of Seminole County, Florida INTERLOCAL VOLUNTARY COOPERATION FOR OPERATIONAL ASSISTANCE Pursuant to F.S.23.1225(3), this agreement may be entered into by a Chief Executive Officer of the agency who is authorized to contractually bind the agency. By signing below, an indication of such authorization is being made. Any signatory may attach to - this signature page and - any further evidence of authorization you wish to remain on file - - - - - at FDLE along with signature page. City of Mai an /‹ Gary alhouun ief of Police City of Maitland, Florida a) '20 - 9 Date Party's acceptance of the Voluntary Cooperation Mutual Aid Agreement among the member agencies of Seminole County, Florida INTERLOCAL VOLUNTARY COOPERATION FOR OPERATIONAL ASSISTANCE Pursuant to F.S.23.1225(3), this agreement may be entered into by a Chief Executive Officer of the agency who is authorized to contractually bind the agency. By signing below, an indication of such authorization is being made. Any signatory may attach to this signature page and any further evidence of authorization you wish -to remain on file - • • - at FDLE along with signature page. City of Oviedo Mary LoEYAnd ws, Mayor City of Oviedo, Florida December 3, 2008 Date Party's acceptance of the Voluntary Cooperation Mutual Aid Agreement among the member agencies of Seminole County, Florida INTERLOCAI_ VOLUNTARY COOPERATION FOR OPERATIONAL ASSISTANCE Pursuant to F.S.23.1225(3), this agreement may be entered into by a Chief Executive Officer of the agency who is authorized to contractually bind the agency. By signing below, an indication of such authorization is being made. Any signatory may attach to this signature page and any further evidence of authorization wish to remain on file at FDLE along with signature page. City of Sanford Sherman Yehl, C Manager City of Sanford, Florida VI, ol o15 - Date Party's acceptance of the Voluntary Cooperation Mutual Aid Agreement among the member agencies of Seminole County, Florida INTERLOCAL VOLUNTARY COOPERATION FOR OPERATIONAL ASSISTANCE Pursuant to F.S.23.1225(3), this agreement may be entered into by a Chief Executive Officer of the agency who is authorized to contractually bind the agency. By signing below, an indication of such authorization is being made. Any signatory may attach to - this signature any further evidence of authorization you wish to remain on file at FDLE along with signature page. ORLAN SANFORD Al ORT AUTHORITY L . Dale, President & CEO Sanford Airport Authority /VeY Dat Party's acceptance of the Voluntary Cooperation Mutual Aid Agreement among the member agencies of Seminole County, Florida INTERLOCAL VOLUNTARY COOPERATION FOR OPERATIONAL ASSISTANCE Pursuant to F.S.23.1225(3), this agreement may be entered into by a Chief Executive Officer of the agency who is authorized to contractually bind the agency. By signing below, an indication of such authorization is being made. Any signatory may attach to - this signature page and any further evidence of authorization you wish to remain on file - - - - - at FDLE along with signature page. S : . ,=\ • unty Sheriffs Office Donald F. Eslinger, Sheriff a i4Cre. Date Party's acceptance of the Voluntary Cooperation Mutual Aid Agreement among the member agencies of Seminole County, Florida INTERLOCAL VOLUNTARY COOPERATION FOR OPERATIONAL ASSISTANCE Pursuant to F.S.23.1225(3), this agreement may be entered into by a Chief Executive Officer of the agency who is authorized to contractually bind the agency. By signing below, an indication of such authorization is being made. Any signatory may attach to this signature page and any further evidence of authorization you wish to remain on file at FDLE along with signature page. City of Winter Springs k--( Kevin Brunelle, Acting Chief of Police City of Winter Springs, Florida Il — l 9- 0s Date • INTER -LOCAL VOLUNTARY COOPERATION OPERATIONAL ASSISTANCE THE CITY /COUNTY CANINE (K -9) UNIT The City of Altamonte Springs, Florida The City of Casselberry, Florida The City of Lake Mary, Florida The City of Longwood, Florida The City of Maitland, Florida The City of Oviedo, Florida The City of Sanford, Florida The City of Winter Springs, Florida and The Sheriff of Seminole County, Florida WHEREAS, the Altamonte Springs Police Department, the Casselberry Police Department, the Lake Mary Police Department, the Longwood Police Department, the Maitland Police Department, the Oviedo Police Department, the Sanford Police Department, the Winter Springs Police Department, the Sanford Airport Authority and the Seminole County Sheriffs Office have the authority under Part I of Chapter 23, Florida Statutes, the Honda Mutual Aid Act, to enter into a Voluntary Cooperation Agreement for assistance of a routine law enforcement Canine Services according to procedures specified herein. NOW, THERFORE, THE PARTIES AGREE AS FOLLOWS: SECTION 1. DEFINITIONS A. Canine (K - 9): A working dog specifically trained to execute a number of specific law enforcement and public safety tasks that utilize the canine's speed, agility, and sense of smell. All canines must comply with the training and performance standards outline in Section V. herein. B. Handler: A law enforcement officer who has been specially trained the care, handling, and utilization of a police canine in those skills established by the United States Police Canine Association. C. Canine Team: A canine handler and his/her assigned canine. SECTION 11. CANINE ASSISTANCE REQUEST AND RESPONSE City/County K-9 Unit Mutual Aid Agreement — January 2009 Page 1 of 8 Cities of Altamonte Springs, Casselberry, Lake Mary, Longwood, Maitland, Oviedo, Sanford, Winter Springs, Sanford Airport Authority and Seminole County, Florida A. The City /County Canine Unit (CCCU) is a multi- agency unit, organized and formulated to provide a resource pool of canines and canine handlers who train and work together. These canines and handlers are available to respond to law enforcement agencies' request(s) for assistance under the provisions of the policy and procedures set forth in this Voluntary Cooperation Agreement. B. Requests for canine assistance from member agencies of the CCCU shall be initiated by the on -duty supervisor. The requesting supervisor must state the reason the canine team is needed and the estimated time the canine team will be needed. C. The request from member agencies shall be received by the Communications Center and routed to the on-duty Shift Commander. D. The Canine Supervisor or Shift Commander shall evaluate the request and approve as appropriate. E An agency with canines will utilize their on -duty canine teams first, before calling for an outside agency's canine team assistance unless a specific canine's ability is needed F. Once on the scene of an incident, the canine handler will report to the incident commander. G. Subject to consultation with the incident commander from the requesting agency, the deployment and use of his /her canine will be at the discretion of the canine handler. The handler will follow his /her agency's policy on the use of the canine. H. Where operational requirements develop during a law enforcement operation that require the crossing of jurisdictional lines, each party agrees to notify by radio, telephone, or in writing, the Sheriff /Chief, or his designee, of the jurisdiction(s) involved, prior to or as soon as possible thereafter, when jurisdictional lines are crossed. I. Anytime a canine handler is deploying outside of his/her jurisdiction, he /she will notify the local jurisdiction via radio or telephone of the deployment and reason. J. While on a deployment, canine handlers will maintain communications at all times with the appropriate jurisdiction within which they are located. SECTION III. CANINE DEPLOYMENTS CitylCounty K -9 Unit Mutual Aid Agreement —January 2009 Page 2 of 8 Cities of Altamonte Springs, Casselberry, Lake Mary, Longwood, Maitland, Oviedo, Sanford, Winter Springs, Sanford Airport Authority and Seminole County, Florida Canine Teams may be deployed for numerous purposes including, but not limited to, the following: 1. Area searches 2. _.Tracking 3. Building searches 4. Vehicle searches 5. Search for victims /missing persons 6. Crowd control 7. Article searches 8. Criminal apprehension 9. Warrants 10. Passive tracking 11. Narcotics Detection 12. Cadaver searches 13. Explosives, incendiary devices / ubstances and volatile substance detection. SECTION IV. GUIDELINES FOR CANINE USAGE A. General 1. Officers shall not approach the canine and/or canine vehicle without the knowledge and consent of the canine handler. 2. Officers should not enter an area or building that the canine is searching unless advised to by the canine handler. 3. In the event the handler becomes involved in a physical altercation or is attacked, officers should move away from the handler and /or the subject. As the canine exits the patrol vehicle, he is trained to come to the handler's aid. The canine is not trained to recognize uniforms or refrain from attacking persons in uniform. B. Searches 1. The canine may be trained to alert to the presence of narcotics including but not limited to cannabis, cocaine (including crack), and heroin. However, the canine should not be used to search persons for possession of narcotics unless the canine is trained for passive alert. City/County K -9 Unit Mutual Aid Agreement—January 2009 Page 3 of 8 Cities of Altamonte Springs, Casselberry, Lake Mary, Longwood, Maitland, Oviedo, Sanford, Winter Springs, Sanford Airport Authority and Seminole County, Florida 2. The first officer at the scene should not touch, approach, retrieve, or handle any evidence, articles, or debris believed to be associated to or with the scene. 3. Officers should be directed to secure the scene and establish and maintain a perimeter. They shall maintain said perimeter until advised to discontinue the perimeter by the canine handler or supervisor. 4. If a building is to be searched, all perimeter officers must stand away from, and out of view of windows, doors, and other openings. 5. One officer should remain at the point of entry to assist in the event suspects are located and /or trouble ensues. C. Tracking 1. When tracking an armed suspect, one officer should follow approximately fifty (50) feet behind the handler (or at a distance the handler deems necessary) to provide protection and cover. 2. Whenever a Canine Team is called to initiate a track, officers on the scene must use care not to contaminate the crime (track) scene. Officers must not allow victims or witnesses to contaminate the crime (track) scene. D. Special Usage 1. Usage of a Canine Team for crowd control shall require prior approval of the Sheriff /Chief, or their designee. 2. Canine Scent Line -Up procedures are as follows: a. Tests shall be done in a fair, objective manner. b. Cross contamination between the scent article and questioned article should be prevented. c. Physical contact between the scent article and the questioned article should be eliminated. i. This includes preventing one officer from having contact with both articles. ii. The same officer should never touch the scent article and the questioned article. d. Canine handlers will select officers or other assistants to handle the items and set up the Tine -ups. e. Items of evidence for scent Tine -ups shall be packaged properly. City /County K-9 Unit Mutual Aid Agreement — January 2009 Page 4 of 8 Cities of Altamonte Springs, Casselberry, Lake Mary, Longwood, Maitland, Oviedo, Sanford, Winter Springs, Sanford Airport Authority and Seminole County, Florida f. The area of a scent line -up should be one where the defendant has not been recently present. g. If there is going to be more than one scent line -up, handlers must ensure that subsequent fine- ups_are conducted far enough apart that any pooled scent will not affect the second line -up. h. Handlers shall document all scent line -ups by videotape, photographs, and /or a written report. i. Canine handlers conducting the canine scent line -up search should not be informed or aware of the correct item location in advance in order to ensure the canine's independence and initiative. SECTION V. TRAINING AND PERFORMANCE STANDARDS A. General 1. All canine teams must successfully meet the initial and re- certification requirements set forth by the Florida Criminal Justice Training and Standards Commission. This is the minimum state requirement for patrol canine operations. 2. All agencies with canine teams will provide copies of the initial training certificates and re- certification certificates to each Sheriff /Chief or his designee on an annual basis. 3 Handlers will document all training done with their canines. Documentation of canine training shall be on training forms approved by the handler's agency. B. Specialized Training 1. Training for passive tracking canines or canines used to locate narcotics, explosives, and cadavers will be administered by a recognized trainer and /or training facility. 2. Each handler and canine team receiving specialized training will be certified by the training facility or a nationally recognized association such as the United States Police Canine Association, North American Police Work Dog Association, National Police Canine Association, or the Law Enforcement Bloodhound Association. 3. Copies of initial specialized training certificates and /or additional training certificates shall be submitted to each Sheriff /Chief or his /her designee on an annual basis. City /County K-9 Unit Mutual Aid Agreement — January 2009 Page 5 of 8 Cities of Altamonte Springs, Casselberry, Lake Mary, Longwood, Maitland, Oviedo, Sanford, Winter Springs, Sanford Airport Authority and Seminole County, Florida SECTION VI. RESPONSE TO RESISTANCE A. Each participating Agency shall have a written policy addressing when a handler is authorized to utilize his /her canine to forcibly control a suspect. B. - When the canine makes a physical apprehension, the suspect shall be taken into custody and turned over to the officer that requested the canine team services. C. The handler shall be responsible for ensuring medical aid is summoned as soon as safety permits and shall notify his /her supervisor of the incident. The suspect shall be evaluated by medical personnel or transported to a hospital. D. Handlers utilizing force (including their canine's force) shall complete a "Response to Resistance" form as prescribed by their agency. E. All injuries caused by canines shall be photographed and attached to the "Response to Resistance Report" and shall include a photograph of the subject's face for identification purposes. F. The "Response to Resistance Report" packet shall be forwarded through the handler's chain of command. Copies shall be provided to the arresting officer if requested or necessary. G. Handlers shall immediately report all accidental canine bites to their supervisor and shall fully document all accidental canine bites. SECTION VII. POWERS, PRIVILEGES, IMMUNITIES, AND COSTS A. Members of the subscribed law enforcement agencies, when actually engaging in mutual cooperation and assistance outside of the jurisdictional limits of their respective agencies, under the terms of this Agreement, shall, pursuant to the provisions of Section 23.127, Florida Statutes, have the same powers, duties, rights, privileges, and immunities, as if they were performing their duties in the political subdivision in which they are normally employed. B. Each party agrees to fumish necessary 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 equipment, resources, facilities, and services, in furnishing such mutual aid. City /County Ka Unit Mutual Aid Agreement — January 2009 Page 6 of 8 Cities of Altamonte Springs, Casselberry, Lake Mary, Longwood, Maitland, Oviedo, Sanford, Winter Springs, Sanford Airport Authority and Seminole County, Florida C. The agency fumishing aid, pursuant to this Agreement, shall bear the loss or damages to such equipment, and shall pay any expense incurred in the operation - and maintenance thereof. D. The agency furnishing aid, pursuant to this Agreement, shall compensate its appointees /employees during the time such aid is rendered, and shall defray the actual travel maintenance expenses of such appointees /employees while they are rendering such aid, including any amounts paid or due for compensation due to personal injury or death while such appointees /employees are engaged in rendering such aid. E. All the privileges and immunities from liability, exemption from laws, ordinances and rules, and all pension, insurance, relief, disability, worker's compensation, salary, death, and other benefits that apply to the activity of such officers, agents, or employees of any such agency when performing their respective functions within the territorial limits of their respective public agencies, shall apply to them to the same degree, manner, and extent while engaged in the performance of any of their functions and duties extraterritorially under the provisions of this Mutual Aid Agreement. The provisions of this section shall apply with equal effect to full time paid, part time, volunteers, and reserve members. SECTION VIII. INDEMNIFICATION Each party engaging in any mutual cooperation and assistance, pursuant to this Agreement, agrees with respect to any suit or claim for damages resulting from any and all acts, omissions, or conduct of such party's own appointees /employees occurring while engaging in rendering such aid, pursuant to this Agreement, to hold harmless, defend, and indemnify the other participating party and his appointees /employees, subject to provisions of Section 768.28, Florida Statutes, where applicable and to the extent permitted by law. Any party having a duty to indemnify and defend under this Agreement shall have control of the defense of any suit or claim arising under said duty. Each party shall be responsible for the acts, omissions, or conducts of its own employees. SECTION IX. INSURANCE PROVISIONS CitylCounty K•9 Unit Mutual Aid Agreement - January 2009 Page 7 of 8 Cities of Altamonte Springs, Casselberry, Lake Mary, Longwood, Maitland, Oviedo, Sanford, Winter Springs, Sanford Airport Authority and Seminole County, Florida Each party shall provide satisfactory proof of liability insurance by one or more of the means specified in Section 768.28(14), Florida Statutes, in an amount that is, in the judgment of the governing body of that party, at least adequate to cover the risk to which that party may be exposed. Should the insurance coverage, however provided, of any party be canceled or undergo material change, that party shall notify all parties to this Agreement of such change within ten (10) days of receipt of notice or actual knowledge of such change. SECTION X. EFFECTIVE DATE This City /County Canine (K -9) Unit Voluntary Cooperation Agreement shall take effect upon execution and approval by the hereinafter named officials, and shall continue in full force and effect until January 01, 2013, unless terminated prior thereto by any or all the parties herein. SECTION XII. CANCELLATION Under no circumstances may this Agreement be renewed or extended, except in writing. Any party may withdraw from this Agreement upon thirty (30) days written notice to all other parties signatured below. IN WITNESS WHEREOF, THE PARTIES HERETO CAUSE THESE PRESENTS TO BE SIGNED ON THE DATE SPECIFIED: CitylCounty K•9 Unit Mutual Aid Agreement — January 2009 Page 8 of 8 Cities of Altamonte Springs, Casseiberry, Lake Mary, Longwood, Maitland, Oviedo, Sanford, Winter Springs, Sanford Airport Authority and Seminole County, Florida Party's acceptance of the Voluntary Cooperation Mutual Aid Agreement among the member agencies of Seminole County, Florida for the CITY COUNTY K9 UNIT Pursuant to F.S.23.1225(3), this agreement may be entered into by a Chief Executive Officer of the agency who is authorized to contractually bind the agency. By signing below, an indication of such authorization is being made. Any signatory may attach to this signature page and any further evidence of authorization you wish to remain on file at FDLE along with signature page. C tamonte Springs oq ►►uunin! «p i � O NTE Sp a,� Patricia Bates, Mayor oR z City it: st of Altamonte Springs, Florida ` gyp 1920 ; a Date V,4 a noon a "‘,���`` Party's acceptance of the Voluntary Cooperation Mutual Aid Agreement among the member agencies of Seminole County, Florida for the CITY COUNTY K9 UNIT Pursuant to F.S.23.1225(3), this agreement may be entered into by a Chief Executive Officer of the agency who is authorized to contractually bind the agency. By signing below, an indication of such authorization is being made. Any signatory may attach to this signature page and any further evidence of authorization you wish -to remain on file -- - at FDLE along with signature page. City of Casselberry Charlene Glancy aKr City of Casselberry, Florida // r7 I° Date Party's acceptance of the Voluntary Cooperation Mutual Aid Agreement among the member agencies of Seminole County, Florida for the CITY COUNTY K9 UNIT Pursuant to F.S.23.1225(3), this agreement may be entered into by a Chief Executive Officer of the agency who is authorized to contractually bind the agency. By signing below, an indication of such authorization is being made. Any signatory may attach to • - - this signature page and any further evidence of authorization you wish to remain on file at FDLE along with signature page. City of Lake Mary J n Litton, City Manager of Lake Mary, Florida ilPOW Date Party's acceptance of the Voluntary Cooperation Mutual Aid Agreement among the member agencies of Seminole County, Florida for the CITY COUNTY K9 UNIT Pursuant to F.S.23.1225(3), this agreement may be entered into by a Chief Executive Officer of the agency who is authorized to contractually bind the agency. By signing below, an indication of such authorization is being made. Any signatory may attach to • this signature page and any further evidence of authorization you wish to remain on file - at FDLE along with signature page. City of Longwood Brian Sackett, Mayor City of Longwood, Fion a ( 2 007 Date - Party's acceptance of the Voluntary Cooperation Mutual Aid Agreement among the member agencies of Seminole County, Florida for the CITY COUNTY K9 UNIT Pursuant to F.S.23.1225(3), this agreement may be entered into by a Chief Executive Officer of the agency who is authorized to contractually bind the agency. By signing below, an indication of such authorization is being made. Any signatory may attach to this signature page and any further evidence of authorization you wish to remain on file - • at FDLE along with signature page. City of M 'tl Gary alhoun, Chief of Police City of Maitland, Florida en-La-01 Date Party's acceptance of the Voluntary Cooperation Mutual Aid Agreement among the member agencies of Seminole County, Florida CITY/COUNTY K9 UNIT - - Pursuant to F S.23.1225(3), this agreement may be entered into by a Chief Executive Officer of the agency who is authorized to contractually bind the agency. By signing below, an indication of such authorization is being made. Any signatory may attach to this signature page and any further evidence of authorization you wish to remain on file at FDLE along with signature page. ORLANDO SANFORD AIRPORT AUTHORITY / A. ale, President & CEO Sanford Airport Authority / q / i7 Date/ Party's acceptance of the Voluntary Cooperation Mutual Aid Agreement among the member agencies of Seminole County, Florida for the CITY COUNTY K9 UNIT Pursuant to F.S.23.1225(3), this agreement may be entered into by a Chief Executive Officer of the agency who is authorized to contractually bind the agency. By signing below, an indication of such authorization is being made. Any signatory may attach to this signature page and any further evidence of authorization -you wish to remain on file - . - at FDLE along with signature page. City of Oviedo Mary Loua(i dreVvs, Mayor City of Oviedo, Florida December 3. 2008 Date Party's acceptance of the Voluntary Cooperation Mutual Aid Agreement among the member agencies of Seminole County, Florida for the CITY COUNTY K9 UNIT Pursuant to F.S.23.1225(3), this agreement may be entered into by a Chief Executive Officer of the agency who is authorized to contractually bind the agency. By signing below, an indication of such authorization is being made. Any signatory may attach to this signature page and-any further evidence of authorization you wish to remain on file at FDLE along with signature page. City of Sanford Sherman Yehl, Ci anager City of Sanford, Florida Date Party's acceptance of the Voluntary Cooperation Mutual Aid Agreement among the member agencies of Seminole County, Florida for the CITY COUNTY K9 UNIT Pursuant to F.S.23.1225(3), this agreement may be entered into by a Chief Executive Officer of the agency who is authorized to contractually bind the agency. By signing below, an indication of such authorization is being made. Any signatory may attach to _ _ .. __ this signature page and any further evidence of authorization you wish to remain on file at FDLE along with signature page. Semino li Sheriffs Office Dona d F. Eslinger, Sheriff INIcaq Date Party's acceptance of the Voluntary Cooperation Mutual Aid Agreement among the member agencies of Seminole County, Florida for the CITY COUNTY K9 UNIT Pursuant to F.S.23.1225(3), this agreement may be entered into by a Chief Executive Officer of the agency who is authorized to contractually bind the agency. By signing below, an indication of such authorization is being made. Any signatory may attach to this signature page and any further evidence of authorization you wish to remain on file - at FDLE along with signature page. City of Winter Springs Kevin Brunelle, Acting Chief of Police City of Winter Springs, Florida Date VOLUNTARY COOPERATION MUTUAL AID AGREEMENT AMONG THE PARTICIPATING AGENCIES AND THE FLORIDA DEPARTMENT OF LAW ENFORCEMENT TO FORM A CHILD ABUCTION RESPONSE TEAM WHEREAS, the below subscribed law enforcement agencies have joined together in a multi - jurisdictional effort to rescue abducted Child and under circumstances allocate their resources to missing /endangered Child cases; and WHEREAS, the undersigned agencies are all participants in a multi- agency effort known collectively as the Child Abduction Response Team (CART); and WHEREAS, the undersigned agencies agree to utilize applicable state and federal laws to prosecute criminal, civil, and forfeiture actions against identified violators, as appropriate; and WHEREAS, the undersigned agencies have the authority under Part 1, Chapter 23, Florida Statutes, "the Florida Mutual Aid Act," to enter into a voluntary agreement for cooperation and assistance of a routine law enforcement nature that crosses jurisdictional lines; and 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 continuing, multi - jurisdictional criminal activity, so as to protect the public peace and safety, and preserve the lives and property of the citizens; and WHEREAS, this agreement does not supercede or take the place of any other agreement entered into by the various members of the Child Abduction Response Team. Those agreements shall remain in full effect. NOW THEREFORE, the parties agree as follows: As acknowledged by their execution of this Agreement, each of the undersigned law enforcement agencies approve, authorize and enter into this Agreement at the request of the member agencies of the Child Abduction Response Team and the Florida Department of Law Enforcement (FDLE), subject to the terms and conditions noted herein, for the purposes and goals indicated. Additional parties may, at the request and with the approval of FDLE and the other Child Abduction Response Team members, enter in this Agreement at a later date as evidenced by their signing of the Agreement. Any party may cancel its participation in the Agreement upon delivery of written notice of cancellation to the Florida Department of Law Enforcement. CHILD ABDUCTION RESPONSE TEAM GOALS AND COOPERATION TO BE RENDERED: The primary goal of the Child Abduction Response Team is to provide a pool of specialized investigators which are available to focus dedicated and intensive investigative, preventative, and general law enforcement efforts primarily with regard to cases involving abducted Child. To provide for voluntary cooperation, each of the Child Abduction Response Team agencies hereby approve and enter into this agreement whereby each of the agencies may request and render law enforcement assistance to Child Abduction Response Team member agencies, or other, in dealing with any violations of law including, but not limited to, the investigation, arrest 1 and prosecution of those involved in criminal child kidnapping, abduction, false imprisonment and similar or related violations (utilizing state and federal law and prosecutions, as appropriate), the rescue of the abducted child and the seizure and forfeiture of assets of those engaged in child abduction or otherwise supporting such activity (utilizing state and federal forfeiture options, as appropriate). Nothing herein shall otherwise limit the ability of participating Child Abduction Response Team members to provide, as provided by or allowed by law, such assistance in any enforcement action as may be lawfully requested by a law enforcement officer having jurisdiction over an incident, crime or matter under consideration. The parties to this Agreement are contributing personnel and resources in support of the Child Abduction Response Team efforts, with the operations of the Child Abduction Response Team being coordinated with FDLE and other agency members. JURISDICTION, PROCEDURES FOR REQUESTING ASSISTANCE, COMMAND AND SUPERVISORY RESPONSIBILITY: Jurisdiction: The principal sites of Child Abduction Response Team activity shall be in Orlando, Orange County, Florida; Daytona Beach, Volusia County, Florida; Melbourne, Brevard County, Florida; and Ft. Pierce, St. Lucie County, Florida. When engaged in Child Abduction Response Team operations that have been approved by the Florida Department of Law Enforcement, as contemplated by this Agreement, Child Abduction Response Team members that do not otherwise have jurisdictional authority shall enjoy full jurisdictional authority anywhere in the State of Florida, although principally focused within the counties of the FDLE Orlando Region, with full power to enforce Florida laws and avail themselves of the provisions of this Agreement. Officers assigned to Child Abduction Response Team operations pursuant to this agreement shall be empowered to render enforcement assistance and take enforcement action in accordance with the law and the terms of this Agreement. Execution of this agreement and continued participation by FDLE and one or more Child Abduction Response Team member agencies shall constitute a general reciprocal, continuing request for and granting of assistance between the members of the Team that shall be considered authorized in accordance with the provisions of this Agreement. No additional or specific formal request for assistance is required. Child Abduction Response Team members operating outside the jurisdiction of their respective Agencies shall not enjoy extra jurisdictional authority as law enforcement officers unless engaged in approved Child Abduction Response Team activities as stated herein. Pursuant to Section 23.127(1), Florida Statues, employees and agents of the undersigned Agencies participating in the Child Abduction Response Team shall, when engaging in authorized mutual cooperation and assistance pursuant to this Agreement, have the same powers, duties, rights, privileges and immunities as if the employees were performing duties inside the political subdivision in which the employee is normally employed. Procedure for Requesting and Authorizing Assistance: Activities shall be considered authorized only when approved and directed as provided herein by an FDLE supervisor or command designee. The CART will normally function as a force multiplier for the requesting agency, and the requesting agency will remain as the lead agency in overall control of the investigation, unless the requesting agency has formally asked that the CART, under FDLE supervision or other FDLE approved supervision, assume control of the investigation. The parties stipulate that in the event that a significant investigative or jurisdictional dispute should arise, the issue will immediately be forwarded to the relevant agency chief executives for resolution. If at anytime an FDLE supervisor or FDLE special agent designee(s) determines that an extra- territorial Child Abduction Response Team operation pursuant to this agreement should be terminated, said operation is to be promptly terminated in a manner assuring the safety of all involved law enforcement officers. 2 No Child Abduction Response Team member or agent shall engage in activities outside the jurisdictional territory of the Child Abduction Response Team pursuant to the authority of this Agreement that are not approved, are unreported or otherwise unknown to the FDLE supervisor and which are not documented as provided herein. The FDLE supervisor(s) shall maintain documentation that will demonstrate the daily involvement of specific employees or agents provided by the parties to this Agreement, including each operation's supervisor or designated leader. Such documentation will assist in memorializing which individuals had mutual aid authority pursuant to this Agreement for particular time periods. After consultation with other participating Child Abduction Response Team agencies, FDLE may request that a particular employee or agent of the Child Abduction Response Team no longer be allowed to participate in furtherance of this provision of the Agreement. Upon receiving the request, the employing agency shall promptly terminate said person's participation in the activities contemplated by this provision of the Agreement. Upon the request of a participating Agency that a sworn or support member of the FDLE no longer participate in the Child Abduction Response Team, FDLE shall, if otherwise in FDLE's best interest to do so, terminate said member's participation in the Child Abduction Response Team. With the approval of FDLE, a Party to this Agreement may otherwise add, substitute, reinstate, or replace any of its sworn or support employees participating in the Child Abduction Response Team. Whenever an operation occurs outside the territorial limits of the FDLE Orlando Regional Operations Center, an Assistant Special Agent in Charge (ASAC) for the FDLE office in the region affected shall be notified about the presence of Child Abduction Response Team personnel in his or her region. Local law enforcement in the area of operation will be notified, as appropriate. Nothing herein shall otherwise limit the jurisdiction and powers normally possessed by an employee as a member of the employee's Agency. FORFEITURE ACTIONS ARISING FROM THIS AGREEMENT: Forfeiture actions based upon seizures made by the Child Abduction Response Team may be pursued in either state or federal actions. Actions shall be based upon current statutory and case law. Distribution of the proceeds shall be shared equally among the participating agencies, or as otherwise determined by written agreement. PROPERTY AND EVIDENCE: All property and evidence, including currency, seized in connection with state violations, pursuant to this Agreement, outside the regular jurisdictional boundaries of the Child Abduction Response Team, but within Florida, shall be taken into custody and processed by an FDLE Special Agent in accordance with FDLE policy relating to the handling of property, evidence and currency. When such items_ are seized within the regular jurisdictional boundaries for the Child Abduction Response Team, in connection with state violations, the items may be processed and maintained by the lead agency, and agency with jurisdiction or as otherwise agreed upon. If and when the investigation becomes a federal case or inquiry, any such property and evidence will be taken into custody and processed by the Federal Bureau of Investigation or be handled pursuant to their directions. 3 LIABILITY AND COST- RELATED ISSUES: Each party engaging in any mutual cooperation and assistance pursuant to this Agreement agrees to assume its own liability and responsibility for the acts, omission, or conduct of such party's own employees while such employees are engaged in rendering such aid, cooperation and assistance pursuant to this Agreement, subject to the provisions of Section 768.28, Florida Statutes, where applicable, and subject to other relevant state and federal law. Each party to this Agreement agrees to furnish necessary personnel, property, police - equipment, vehicles, resources and facilities to render services to each other party to this Agreement in order to affect the purposes of the Child Abduction Response Team and agrees to bear the cost of loss or damage to such equipment, vehicles, or property. 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. This provision shall not preclude necessary property or resources being purchased, funded, or provided by a participating party via the party's legally vested forfeiture funds, if otherwise authorized by law. Each Agency fumishing aid pursuant to this Agreement shall compensate its own employees during the time such aid is rendered and shall defray the actual expenses of its employees while they are rendering such aid, including any amounts, if legally applicable, that may be determined to be due for compensation due to personal injury or death while such employees are engaged in rendering such aid. 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. This provision shall not preclude payment of compensation, including overtime compensation, for its personnel utilizing its legally vested forfeiture funds or other funding sources to be the extent allowed by law. Each party agrees to maintain its own comprehensive general liability insurance, professional liability insurance, as required and automotive liability insurance or maintain a self - insuring fund for the term of this Agreement in the amounts determined by each party to adequately insure such party's liability assumed herein. But for Florida law enforcement officers, in no event shall such coverage be less than the state statutory waiver of sovereign immunity limits. If requested, each party agrees to provide the other parties with proof of the insurance or self- insurance required hereunder. Federal participants will be governed by applicable federal laws conceming the above liability issues. COMPLAINTS AGAINST CHILD ABDUCTION RESPONSE TEAM MEMBERS: Whenever a complaint has been lodged as a result of Child Abduction Response Team efforts outside their jurisdictional boundaries pursuant to this Agreement, a designee of the FDLE shall ascertain at a minimum: The identity(ies) of the complainant(s) and an address where the complainant(s) may be contacted, the nature of the complaint, any supporting evidence or facts as may be available, including the names and addresses of witnesses to that which has been complained about, the identity(ies) of the Child Abduction Response Team participant(s) accused and the employing Agency(ies) of the participant(s) accused. FDLE will promptly provide to each affected employing Agency the above information for administrative review and appropriate handling or disposition. Each affected employing Agency shall, upon completion of said review, notify FDLE of its findings and any actions taken. 4 Federal agency participants will handle any complaints against their personnel while such federal personnel are involved in CART operations. COPY TO EACH PARTICIPATING CHILD ABDUCTION RESPONSE TEAM MEMBER: When this Agreement is fully executed, a copy shall be provided to each Child Abduction Response Team member so that each member may be fully aware of the powers, limitations, and expectations applicable to Child Abduction Response Team members and operations. TERM OF AGREEMENT: This Agreement shall be effective as to the executing Parties upon execution by the member agencies of the Child Abduction Response Team and the FDLE. As each additional Party executes this Agreement, it shall be effective as to the newly executing Party. This Agreement may be duplicated for dissemination to all Parties, and such duplicates shall be of the same force and effect as the original. Execution of this Agreement may be signified by properly signing a separate signature page, a copy of which shall be returned to, and maintained by, the Florida Department of Law Enforcement, Mutual Aid Coordinator, P.O. Box 1489, Tallahassee, Florida 32302 -1489 with the original provided to the Special Agent in Charge, Florida Department of Law Enforcement, 500 W. Robinson Street, Orlando, Florida 32801. This Agreement shall remain in full force as to all participating Parties until December 31, 2012, unless terminated in writing by the FDLE as to all or separate Parties. This agreement may be renewed, amended, or extended only in writing. Any party may withdraw from this Agreement upon providing written notice to FDLE and all other participating parties. Any written cancellation or extension shall be initially forwarded to the FDLE Orlando address noted above. In the event that a party agency has a change of Chief Executive Officer during the term of this Agreement, the party agency may continue participation in the CART for the term of this Agreement by having the new Chief Executive sign and submit a new signature page indicating the party agency's continued desire to participate in the CART. 5 Party's Acceptance of the Voluntary Cooperation Mutual Aid Agreement among the member Agencies of the Child Abduction Response Team. Pursuant to F.S.23.1225(3), this agreement may be entered into by a Chief Executive Officer of the agency who is authorized to contractually bind the agency. By signing below, an indication of such authorization is being made. Any signatory may attach to this signature page and any further evidence of authorization you wish to remain on file at FDLE along with signature page. F- the Flo da De\ artment of Law Enforcement (FDLE): AMK Gerald g:!'Commissioner Executive D rec or, Florida Department of Law Enforcement I JD/9 Date • 6 • Party's Acceptance of the Voluntary Cooperation Mutual Aid Agreement among the Member Agencies of the Child Abduction Response Team. Pursuant to F.S.23.1225(3), this agreement may be entered into by a Chief Executive Officer of the agency that is authorized to contractually bind the agency. By signing below, an indication of such authorization is being made. Any signatory may attach to this signature page and any further evidence of authorization you wish to remain on file at FDLE along with this signature page. For the Winter Springs Police Department: Kevin P. Brunelle, Chief 06.3o -o Date 7 MEMORANDUM OF UNDERSTANDING This Memorandum of Understanding is entered into by and between the WINTER SPRINGS Police Department and the Florida Department of Law Enforcement, in furtherance of their respective duties under law for the purpose of facilitating investigations of incidents as described hereafter. The WINTER SPRINGS Police Department and the Florida Department of Law Enforcement (FDLE) agree as follows: 1. The occurrence of any of the following predicate events will initiate investigative and forensic involvement, assistance or coordination by FDLE: a. The shooting of a person by an WINTER SPRINGS Police Department law enforcement officer acting in the line of duty; or b. The death of an WINTER SPRINGS Police Department arrestee while in the care, custody or control of an law enforcement officer, the death of an arrestee shortly after being in care, custody or control of an law enforcement officer or the death of an intended arrestee during an arrest attempt by an WINTER SPRINGS Police Department law enforcement officer. 2. Upon the occurrence of any of the enumerated predicate events, the ranking WINTER SPRINGS Police Department member on the scene will insure that emergency medical services are provided to injured persons and that a secure crime scene perimeter is established with restricted access. Only emergency medical personnel, crime scene technicians, medical examiner personnel, State Attorney personnel, investigating FDLE members and other law enforcement investigators assisting FDLE will be permitted inside the crime scene perimeter. The ranking WINTER SPRINGS Police Department member will then insure that the Orlando Regional Operations Center is promptly contacted and requested to dispatch an FDLE Critical Incident Team to initiate an investigation and to coordinate crime laboratory services at the scene. FDLE will notify the State Attorney as soon as reasonably possible. a. Pending arrival of the FDLE Critical Incident Team, the ranking WINTER SPRINGS Police Department member will insure that the scene remains secured, that physical evidence and documentation is protected and preserved and that all law enforcement and citizen witnesses are identified and separated pending initial interview. If feasible, the ranking WINTER SPRINGS Police Department member will insure that arrested persons at the scene are detained pending the arrival of the FDLE Critical Incident Team. The ranking WINTER SPRINGS Police Department member will also provide any assistance requested by FDLE during and after the on -scene investigation has been concluded, such as additional collection of evidence from suspects, vehicles, or involved law enforcement personnel, as well as the securing of other evidence such as radio communications tapes. The ranking WINTER SPRINGS Police Department member will also coordinate with local law enforcement in any necessary crowd control efforts. 4. Upon receipt of notification from WINTER SPRINGS Police Department that any of the enumerated predicate events have occurred, the appropriate FDLE Regional Director or designee will immediately implement an investigation pursuant to FDLE Procedures governing Use of Force /Investigations Conceming the Use of Deadly or Other Force by a Law Enforcement Officer and Incidents of In Custody Death, - which are incorporated herein by reference. FDLE wilt promptly coordinate the dispatch of the Critical Incident Team together with the appropriate crime laboratory personnel, medical examiner personnel, State Attomey personnel and any additional law enforcement personnel which are required. 5. FDLE will assume operational direction of investigations and forensic assistance or coordination initiated pursuant to this Memorandum of Understanding. FDLE may request the assistance of WINTER SPRINGS Police Department personnel or personnel from other law enforcement agencies. 6. WINTER SPRINGS Police Department will retain overall direction and responsibility for any intemal or administrative investigations initiated in response to the occurrence of any of the enumerated predicate events. However, the parties agree that criminal investigative efforts take precedence over any internal or administrative investigations conducted by WINTER SPRINGS Police Department. No internal report or statement authored or obtained by WINTER SPRINGS Police Department personnel involved in the subject incident that has been provided to WINTER SPRINGS Police Department under order or policy shall be provided, or its contents revealed, to the criminal investigative team or the prosecutor until such time as the criminal investigative team and the FDLE Office of General Counsel agree that the criminal investigation will not be adversely impacted by any potential for immunity that my attach to any such statement. The criminal investigative team and the FDLE Office of General Counsel may consult with the prosecutor to determine whether such statement may adversely impact any subsequent criminal prosecution. However, the criminal investigative team and the FDLE Office of General Counsel will make the final . determination regarding use of such statements in FDLE's investigations. To help assure that the criminal investigation is not impeded or negatively affected by internal or administrative investigative efforts, WINTER SPRINGS Police Department internal or administrative investigation shall be initiated only after the criminal investigative efforts have been concluded or when otherwise specifically authorized by the FDLE's investigative team. 7. The parties agree that WINTER SPRINGS Police Department may issue initial press statements acknowledging an incident, reporting the status of the law enforcement officer(s) involved in the incident, and referral to the investigative process. At the appropriate stage(s) of an investigation initiated under this Memorandum of Understanding, FDLE will forward copies of all investigative reports and investigative summaries to the State Attorney having jurisdiction over the case and to WINTER SPRINGS Police Department for review. Transmittal of reports and summaries will be done so as to preserve any applicable exemptions from public disclosure and to maintain any confidentiality of information that may apply. Any press release related to investigative activities and responses to public records requests shall be coordinated jointly by the involved agencies to assure that disclosure, if any, is appropriate and timely. 8. FDLE will submit all final reports to the State Attorney for review. FDLE will report the material factual findings of the investigative but will not offer recommendations or reach legal conclusions concerning whether the force used, if any, was justified. 9. The parties acknowledge that the Office of the State Attorney or another law enforcement agency may assert primary jurisdiction and responsibility of investigations such as are contemplated in this Memorandum of Understanding. Absent the consent of the agency with primary jurisdiction, FDLE and WINTER SPRINGS Police Department will defer to that agency and refrain from participation in the investigation of the incident, but FDLE will provide forensic assistance as requested by the lead investigating agency. 10. This Memorandum of Understanding represents the entire agreement between the parties on this subject matter. Any alteration or amendment of the provisions of this agreement shall be in writing, duly signed by authorized personnel of each of the parties and the attached to the original of this agreement. 11. This agreement shall become effective on the date signed by the FDLE Special Agent in Charge and may be terminated upon thirty (30) days notice by mutual agreement of the parties. 12. Unless unforeseen circumstances arise, FDLE shall complete the investigation and submit the case packet to the Office of the State Attorney within forty-five (45) days. ( 47 Joy Dawley, Special gent in Charge Date 06-30-o Chief Kevin P. Brunelle Date Winter Springs Police Department FDLE Criminal Justice User Agreement ! ( . CRIMINAL JUSTICE USER AGREEMENT This Agreement, is entered into between the Florida Department of Law Enforcement (hereinafter referred to as FDLE), an agency of the State of Florida with headquarters at 2331 Phillips Road, Tallahassee, Florida and the Winter Springs Police Department with headquarters at 300 North Moss Road Winter Springs Fl 32708 with the primary ORI of: R0590600 , (hereinafter referred to as the User). Whereas, FDLE is authorized by law to operate and regulate the Criminal Justice Network (hereinafter CJNet) as an intra- agency information and data - sharing network for use by the state's criminal justice agencies; Whereas, FDLE is authorized by law to establish and operate the Florida Crime Information Center (hereinafter FCIC) for the exchange of information relating to crimes, criminals and criminal activity; Whereas, FDLE participates in the National Crime Information Center (hereinafter NCIC), a service of the United States Department of Justice, the Interstate Identification Index (hereinafter III), and the International Justice and Public Safety Information Sharing Network (hereinafter NLETS), and serves as Florida's Criminal Justice Information Services (CJIS) Systems Agency (CSA) for the interstate transmission of criminal justice information to and from agencies in Florida and agencies in the continental United States, Alaska, Hawaii, U.S. Virgin Islands, Canada and Puerto Rico; Whereas, the User requires access to intrastate and interstate criminal justice information systems provided by FDLE through the CJNet in order to effectively discharge its public duties; Whereas FDLE will facilitate local law enforcement and other criminal justice agencies' requests to participate in the information services provided on CJNet, provided the User agrees to abide by applicable federal and state laws; administrative code, and all policies, procedures and regulations related to these systems. FDLE retains full control over the management and operation of CJNet and FCIC. Therefore, in consideration of the mutual benefits to be derived from this Agreement, the FDLE and the User do hereby agree as follows: (This User Agreement is designed for use with all Florida criminal justice agencies. If the User does not perform a specific function, the provisions regarding that function will not apply to the User.) Jan 2009 Page 1 of 15 FDLE Criminal Justice User Agreement SECTION I FCIC /NCIC /CJNET FDLE REQUIREMENTS FDLE is duly authorized and agrees to ensure access to the information services provided on CJNet and adhere to the following: 1. Serve as the CSA for the State of Florida and provide the User with access to criminal justice information as is available in the FCIC /NCIC and III systems and NLETS through CJNet, and to serve as the means of exchanging criminal justice information between the User and other criminal justice agencies on CJNet. 2. Provide the opportunity for CJIS certification /re- certification and CJIS Security Awareness training. 3. Provide the User with information concerning privacy and security requirements imposed by state and federal laws, rules and regulations. 4. Provide state criminal history record check services for non - criminal justice purposes as provided by law. 5. Act as the central state repository; provide identification, record keeping, and exchange of Criminal History Record Information (CHRI) services. 6. Facilitate access, using CJNet, to other information applications or systems that the User may be authorized to access. SECTION II FCIC /NCIC /CJNET USER REQUIREMENTS By accepting access as set forth above, the User agrees to adhere to the following to ensure continuation of access: 1. USE OF THE SYSTEM: Use of the CJNet and any system accessed via the CJNet is restricted to the administration of criminal justice or as otherwise specifically authorized or required by statute. Information obtained from the FCIC /NCIC files, or computer interfaces to other state or federal systems, by means of access granted through CJNet, can only be used for authorized purposes in compliance with FCIC /NCIC and III rules, regulations and operating procedures, and state and federal law. It is the responsibility of the User to insure access to CJNet is for authorized purposes only, and to regulate proper use of the network and information at all times. The User must establish appropriate written standards, which may be incorporated with existing codes of conduct, for disciplining violators of this and any incorporated policy. If the User provides an interface between FDLE and other criminal justice agencies it must abide by all of the provisions of this agreement. Agencies that access FDLE systems by interfacing through other agencies must, likewise, abide by all provisions of this agreement. An Interagency User Agreement is required when access to CJNet is provided by the User to another agency. Jan 2009 Page 2 of 15 FDLE Criminal Justice User Agreement a. MESSAGES: Only law enforcement and other criminal justice messages shall be sent over and through the CJNet. All messages will be treated as privileged unless otherwise indicated. User should make prudent use of regional and statewide broadcast message requests. All messages must use plain English text in the message. b. COMPLIANCE: Access FCIC /NCIC and other CJNet applications in strict compliance with applicable CJNet, FCIC, NCIC, III and NLETS policies including, but not limited to, policies, practices and procedures relating to: i) TIMELINESS: FCIC /NCIC records must be entered, modified, located, cleared, and canceled promptly in order to ensure system accuracy and effectiveness. Users that perform FCIC /NCIC updates for other agencies must comply with timeliness requirements for the records entered for the serviced agencies as well. ii) HOT FILE ENTRIES: User agencies that have personnel dedicated to maintain a 24 -hour, seven -day a week FCIC /NCIC operation will be allowed to make entries into the FCIC /NCIC Hot Files. (a) Users making entries for another law enforcement agency must execute an Interagency Agreement outlining each agency's responsibilities. (b) Adult Warrants, Missing Persons and all property records of the FCIC Hot File records, entered by state and local agencies, will be made available to the public on the Internet via the FCIC Public Access System (PAS), unless explicitly flagged by the User for exclusion. iii) QUALITY ASSURANCE: Appropriate and reasonable quality assurance procedures must be in place, including second party verification during entry, to ensure all entries in FCIC /NCIC are complete, accurate, and valid. iv) VALIDATION: The User must validate all records that the User has entered into the system for accuracy and retention. To be in compliance with FCIC /NCIC rules, regulations and operating procedures, the User must ensure each record is modified to confirm the successful validation of each record on file in FCIC /NCIC. Failure to modify a record to indicate validation may result in its removal from the file. Users that make entries into the FCIC /NCIC Hot Files are responsible for maintaining written validation procedures. Jan 2009 Page 3 of 15 FDLE Criminal Justice User Agreement v) HIT CONFIRMATION: The User must comply with FCIC /NCIC rules, regulations and operating procedures by responding to the hit confirmations in a timely manner (within ten minutes or one -hour depending on priority). vi) DISSEMINATION: Information obtained from the FCIC /NCIC hot files, CJNet or computer interfaces to other state or federal systems, by means of access granted pursuant to Section 943.0525, F.S., can only be used for official criminal justice purposes. Compliance with Chapter 119, F.S., is accomplished by directing record requests to FDLE per Chapter 11 C -6, F.A.C., and section 943.053(3), F.S. It is the responsibility of the User to ensure that access to the CJNet is for authorized criminal justice purposes only, and to regulate proper access to and use of the network and information at all times. The User will disseminate CHRI derived from federal records or systems only to criminal justice agencies and only for criminal justice purposes. Criminal justice purposes include criminal justice employment screening. The User, if functioning in the capacity of a pretrial release program or providing CHRI for a pretrial release program, may disseminate Florida public record information only, in compliance with s. 907.043 (3)(b)7, F.S., which requires "[e]ach pretrial release program [to] prepare a register displaying information that is relevant to the defendants released through such a program." This dissemination shall be restricted to county probation services offices and those criminal justice entities providing the probation offices with information obtained via the FCIC II message switch for the administration of criminal justice. vii) RETENTION: Criminal history records, whether retrieved from III or the state system, which the User maintains, must be kept in a secure records environment to prevent unauthorized access. (a) Retention of criminal history records, whether retrieved from III or the state system, for extended periods should only be considered when the time sensitivity of the specific record is important. (b) When retention of criminal history records, whether retrieved from III or the state system, is no longer required, final disposition will be accomplished in a secure manner in compliance with state law, FCIC /NCIC and III rules, regulations and operating procedures to preclude unauthorized access. Jan 2009 Page 4 of 15 FDLE Criminal Justice User Agreement (c) Because CHRI may become outdated at any time, a current criminal history record check should be performed whenever CHRI is used or relied upon by the User. Entry or retention of criminal history records in a separate or local database would be inconsistent with this principle, and is therefore discouraged. The retention of criminal history records, whether retrieved from 11I or the state system, in a secondary (non -FDLE) database is not authorized by law. viii) CRIMINAL HISTORY TRANSMISSION: Any electronic device that uses wireless or radio technology to transmit voice data may be used for the transmission of CHRI only when an officer determines there is an immediate need for this information to further an investigation or there is a situation affecting the safety of an or the public. A facsimile machine may be used to transmit criminal history information between criminal justice agencies, provided both agencies have an NCIC Originating Agency Identifier (ORI) and are authorized to receive criminal history information. Appropriate measures must be taken to prevent unauthorized viewing or receipt by unauthorized persons ix) LOGGING: Each interface agency accessing FCIC /NCIC Hot File and III systems shall ensure that an automated log is maintained. The Hot File portion of this log must be maintained for a minimum of twelve months, and the 111 portion must be maintained for a minimum of four years. (a) Automated logging is a feature included in the application software provided by FDLE, and local agencies are encouraged to retain these logs for future reference. Users purchasing or developing an interface to FCIC must ensure logging is an included feature. (b) The automated transaction log must identify: the operator on all transactions, the agency authorizing all transactions, the requester and secondary recipient for all criminal history transactions. This information can be captured at log -on and can be a name, badge number, serial number, or other unique identifier. (c) The User may only disseminate information to another authorized recipient and must maintain a record of any dissemination of state or federal criminal history information. This record will reflect at a minimum: (1) date of release; (2) to whom the information relates; (3) to whom the information was released; (4) the State Identification (SID) and /or the FBI number(s); and (5) the purpose Jan 2009 Page 5 of 15 FDLE Criminal Justice User Agreement for which the information was requested. The User must also be able to identify the reason for all III inquiries upon request from the FBI or FDLE. x) INFORMATION ACCESS: The User will allow only properly screened, authorized personnel performing a criminal justice function who have received proper security training to have access to information contained within the CJNet, FCIC /NCIC or other state criminal justice information system files. The User will also provide assistance to other criminal justice agencies not equipped with direct FCIC access in compliance with FCIC /NCIC and III rules, regulations and operating procedures, but only to the extent that such assistance is not otherwise prohibited. (a) The User will ensure that all personnel who initiate a transaction to the FCIC II message switch are current in CJIS certification. (b) The User will ensure that persons allowed to complete CJIS certification are at least 18 years of age and are U.S. citizens or have a valid immigration status /visa. FDLE reserves the right to deny FCIC, CJNet or related programs/ systems access to any individual based on valid, articulable concerns for the security and integrity of FCIC, CJNet or related programs/ systems. xi) WORKSTATION: FDLE is not responsible for the workstation acquisition, maintenance, operation, repair; supplies or workstation operation personnel costs. The User must notify FDLE immediately, should an FCIC /NCIC workstation malfunction or become inoperable. All costs associated with returning the workstation to operation, other than CJNet costs, will be the User's responsibility. FDLE will assist with executing trouble- shooting procedures. c. Interface Operations: For systems implemented after December 31, 2008, the User will ensure that all automated interfaces that programmatically (i.e., without human intervention) generate transactions to the FCIC II message switch are restricted to no more than one transaction per second per interface. 2. AUDITS: All agencies having access to CJNet, FCIC /NCIC and the III data shall permit an FDLE appointed inspection team to conduct inquiries with regard to any allegations or potential security violations, as well as for routine audits. Jan 2009 Page 6 of 15 FDLE Criminal Justice User Agreement FDLE conducts regularly scheduled compliance and technical security audits of every agency accessing the CJNet to ensure network security, conformity with state law, and compliance with all applicable FDLE, CJNet, FCIC /NCIC and III rules, regulations and operating procedures. Compliance and technical security audits may be conducted at other than regularly scheduled times. 3. TRAINING: The User is responsible for complying with training requirements established in CJIS Security Policy and the rules, regulations, and policies established by FCIC /NCIC, III, FDLE and other CJNet applications. The User is responsible for remaining current in the applications, procedures, and policies and ensuring personnel attend these training sessions. • a. Only operators who have successfully completed CJIS certification shall be allowed to have unsupervised access to the FCIC /NCIC system. b. FCIC /NCIC operators who are in their initial six months of assignment may be permitted supervised access to FCIC /NCIC. Operators must successfully complete CJIS certification within six months of appointment or assignment to duties requiring direct access to FCIC /NCIC. • c. The User will require all personnel who initiate a transaction to the FCIC II message switch to successfully complete CJIS Certification. The User agrees to remove from FCIC /NCIC access any employee who fails to achieve required certification standards, whose certification has expired, whose certificate is otherwise rescinded or as directed by FDLE. d. The User will require all information technology (IT) personnel, including any vendor who will in the course of their official duties initiate a transaction to the FCIC 1I message switch, to successfully complete CJIS certification. e. The User will maintain certification records of all CJIS certified personnel in a current status. • f. The User will require all IT personnel, including any vendor, responsible for maintaining /supporting any IT component used to process, store or transmit any unencrypted information to or from the FCIC II message switch, to successfully complete the CJIS Online Security Training provided by FDLE. Jan 2009 Page 7 of 15 • FDLE Criminal Justice User Agreement 4. RELOCATION: Should the User desire to relocate the data circuit(s) and/or equipment connected to CJNet, the User must provide FDLE written notice 90 days' in advance of the projected move. All costs associated with the relocation of the equipment and the data circuit(s), including delays in work order dates, will be borne by User unless FDLE has funding to make changes without charge. The repair and cost of any damages resulting from such relocation will be the User's responsibility. The User must also provide 90 days advance notice when requesting additional access to FCIC /CJNet. 5. LIABILITY: The User understands that the FDLE, its officers, and employees shall not be liable in any claim, demand, action, suit, or proceeding, including, but not limited to, any suit in law or in equity, for damages by reason of, or arising out of, any false arrest or imprisonment or for any loss, cost, expense or damages resulting from or arising out of the acts, omissions, or detrimental reliance of the personnel of the User in entering, removing, or relying upon information transmitted through CJNet or in the FCIC /NCIC and NLETS information systems. • 6. CRIMINAL HISTORY RECORDS: FDLE is authorized to establish an intrastate automated fingerprint identification system (IAFIS) and an intrastate system for the communication of information relating to crimes, criminals and criminal activity. To support the creation and maintenance of the criminal history files, the User, as appropriate, will: a. Provide for inclusion in criminal history records information systems, adult and juvenile criminal fingerprints on all felony arrests; adult criminal fingerprints on all misdemeanors and comparable ordinance violation arrests; and juvenile fingerprints on misdemeanor arrests specified at Section 943.051, F.S. The submission of other juvenile misdemeanor arrest fingerprints is optional. b. Provide security for CHRI and systems that process or store CHRI, and security training for personnel who receive, handle or have access to CHRI. c. Screen all personnel who will have direct access to CHRI and reject for employment personnel who have violated or appear unwilling or incapable of abiding by the requirements outlined in this agreement. d. Defer to FDLE on any determination as to what purposes qualify for criminal justice versus non - criminal justice designation, as well as with respect to other purposes that may be authorized by law. Jan 2009 Page 8 of 15 FDLE Criminal Justice User Agreement e. Pursuant to a signed interagency agreement as authorized by Florida Statutes and/or federal regulations, the User may share state CHRI. Dissemination of information requires compliance with all applicable statutes, FCIC /NCIC and III rules, regulations and operating procedures, including logging. Agencies must maintain confidentiality of such record information - - that is otherwise exempt from Section 119.07(1), F.S., as provided by law. f. Provide security and establish policies to prevent unauthorized access to or dissemination of sealed records. SECTION III SECURITY REQUIREMENTS The User must ensure compliance with the FBI CJIS Security Policy and the rules, regulations, policies and procedures established for CJNet, FCIC /NCIC, Ill and NLETS, which include but are not limited to System Security, Personnel Security, Physical Security, User Authorization, Technical Security, Dissemination of Information Obtained from the Systems, and Destruction of Records. By accepting access as set forth above, the User agrees to adhere to the following security policies in order to ensure continuation of that access: 1. PERSONNEL BACKGROUND SCREENING and POLICY FOR DISCIPLINE: The User is required to conduct a background investigation on all personnel who are authorized to access FCIC /NCIC /Iil /CJNet data or systems, IT personnel who maintain /support information technology components used to process, transmit or store unencrypted data to and /or from the FCIC II message switch, and other personnel accessing workstation areas that are unescorted by authorized personnel. Good management practices dictate the investigation should be completed prior to • employment, but it must, at a minimum, be conducted within the first thirty (30) days of employment or assignment. The User may conduct a preliminary on -line criminal justice employment check. Before the background is completed the following requirements must be met: a. The User must submit applicant fingerprints for positive comparison against the state and national criminal history and for searching of the Hot Files. b. If a record of any kind is found, the User will not permit the operator to have access to the FCIC /NCIC system nor access workstation areas. The User will formally notify the FDLE CJIS Systems Officer (CSO) indicating access will be delayed pending review of the criminal history. c. When identification of the applicant has been established by fingerprint comparison and the applicant appears to be a fugitive, have pending criminal charges; have an arrest history for a felony or serious misdemeanor; have been found guilty of, regardless of adjudication, or entered a plea of nolo contendere or guilty to any felony or serious misdemeanor; or to be under the Jan 2009 Page 9 of 15 FDLE Criminal Justice User Agreement supervision of the court, the User will refer the matter to the FDLE CSO for review. d. Applicants who have been found guilty of, regardless of adjudication, or entered a plea of nolo contendere or guilty to a felony, will generally be denied access to FCIC /NCIC. For applicants who have been adjudicated guilty of or have had adjudication withheld on a misdemeanor, the User will notify the CSO of the misdemeanor(s) and acknowledge an intent to permit FCIC /CJNet access. Access will also generally be denied to any person under court supervision for a criminal offense or against whom criminal charges are pending. If a determination is made by FDLE that FCIC /NCIC access by the applicant would not be in the public interest, such access will be denied and the User will be notified in writing of the access denial. e. Once the original background screening has been completed, if the User leams that a CJIS certified employee has a criminal history or pending charge(s), the User will first determine if the pending charge(s) or record(s) adversely affect(s) the employee's continued employment/access /status with the User. If the employee is placed on leave, terminated or denied access to FCIC by the User, as a result of any pending or unresolved charge(s), the User will notify the CSO of the action taken. Generally, denial of access, pending satisfactory resolution of any such charge(s), and notification to the CSO of that action, will be deemed sufficient corrective action by the User. • If the User determines that no action is required while the charge(s) are pending or unresolved; i.e., that the employee will continue to be allowed access to FCIC, the User will notify the CSO and explain its rationale for continued access. FDLE reserves the right, as CSA, to deny access to FCIC and associated databases until any such charge(s) are resolved or the situation is clarified. f. The User will have a written policy for discipline of personnel who access CJNet for purposes that are not authorized, disclose information to unauthorized individuals, or violate FCIC /NCIC or III rules, regulations or operating procedures. 2. PHYSICAL SECURITY: The User will determine the perimeter for the physical security of devices that access or provide access to CJNet. Access shall be limited as to allow completion of required duties. The User must have a written policy that ensures and implements security measures, secures devices that access FCIC /NCIC /CJNet and prevents unauthorized use or viewing of information on these devices. The use of screen blanking software with password protection is recommended for devices that access FCIC /NCIC when the operator may leave the computer unsupervised. FDLE reserves the right to object to equipment location, security measures, qualifications and number of personnel who will be accessing FCIC /NCIC and to suspend or withhold service until such matters are corrected to its reasonable satisfaction. Jan 2009 Page 10 of 15 FDLE Criminal Justice User Agreement 3. ADMINISTRATIVE SECURITY: The User must designate individual agency contacts to assist the User and FDLE with the information services covered by this agreement. Training for these positions is provided by FDLE, and the User must ensure that its designee is keenly aware of the duties and responsibilities of each respective position, The User is required to provide FDLE with up -to -date contact - information. a. TERMINAL AGENCY COORDINATOR: Agencies accessing the FCIC /NCIC system must designate a Terminal Agency Coordinator (TAC) to ensure compliance with FCIC /NCIC and III rules, regulations and operating procedures, and to facilitate communication between FDLE and the User. The TAC must maintain a current CJIS Certification. TACs appointed after February 2005 must attend TAC training within six (6) months of being assigned to the position. • b. INFORMATION SECURITY OFFICER: Agencies accessing the FCIC /NCIC system and /or the CJNet, must designate an Information Security Officer (ISO) to ensure security of the FCIC /NCIC workstations, the connection to CJNet, and any access to the information services provided on CJNet to or by the User. c. CJNet POINT OF CONTACT: Agencies accessing applications using Public Key infrastructure (PKI) security certificates on CJNet must designate a Point of Contact (POC). The POC will receive and approve the issuance and revocation of PKI certificates for the User's members. d. FCIC PUBLIC ACCESS SYSTEM (PAS) CONTACT: Agencies making entries into the FCIC Hot Files must designate a PAS Contact. The PAS Contact is responsible for any follow -up activities deemed appropriate by the User in response to tips resulting from the posting of records on the PAS. FDLE reserves the right to object to the Users appointment of a TAC, LAI, CJNet Point of Contact or ISO based on valid, articulable concerns for the security and integrity of FCIC, CJNet or related programs /systems. 4. TECHNICAL SECURITY a. Dial -up services to FCIC /NCIC and CJNet will be permitted provided the User establishes appropriate security measures to ensure compliance with all rules, regulations, procedures, and the FBI CJIS Security Policy. b. All FCIC /NCIC /III data transmitted over any public network segment must be encrypted as required by the FBI CJIS Security Policy. This requirement also applies to any private data circuit that is shared with non - criminal justice users and /or is not under the direct security control of a criminal justice agency. Jan 2009 Page 11 of 15 FDLE Criminal Justice User Agreement - c. The User must maintain, in current status, and provide upon request by FDLE a complete topological drawing, which depicts the User's network configuration as connected to CJNet. This documentation must clearly indicate all network connections, service agencies and interfaces to other information systems.- _ -- d. The User will ensure only authorized criminal justice agencies or agencies authorized by FDLE are permitted access to the CJNet via the User's CJNet connection. e. The User must ensure all devices with connectivity to CJNet employ virus protection software and such software shall be maintained in accordance with the software vendor's published updates. f. FCIC and CJNet may only be accessed via computers or interface devices owned by the User or contracted entity. Vendors under contract with the User may be allowed access provided all requirements of the DOJ Security Addendum are complied with and member security training is current. g. The User will ensure that CJNet -only devices have a Windows or network type password to prevent unauthorized access. h. To ensure appropriate security precautions are in place, and upon approval from the FDLE Network Administration staff, the User may employ wireless network connectivity (for example the 802.11 wireless networking protocol). 5. COMPUTER SECURITY INCIDENT RESPONSE CAPABILITY: The User must have a written policy documenting the actions to be taken in response to a possible computer security incident. The policy should include identifying, reporting, investigating and recovery from computer security incidents. The User will immediately notify FDLE of any suspected compromise of the CJNet. 6. PENETRATION TESTING: The User shall allow the FBI and /or FDLE to periodically test the ability to penetrate the CJNet through the external network connection or system. 7. SECURITY AUTHORITY: All policies, procedures and operating instructions contained in the FBI CJIS Security Policy and FCIC /NCIC, III and NLETS documents, operating manuals and technical memoranda, are hereby incorporated into and made a part of this agreement, except to the extent that they are inconsistent herewith or legally superseded by higher authority. 8. CLIENT SOFTWARE LICENSE: The FCIC II Client Software (eAgent) license from Diverse Computing, Incorporated is located in the Help menu of the eAgent client software. The FCIC II Client Software (eAgent) license is made a part of and incorporated by reference into this User Agreement and shall be binding on the User upon acceptance of the software. Jan 2009 Page 12 of 15 DOLE Criminal Justice User Agreement 9. PRIVATE VENDORS: Private vendors which, under contract with the User, are permitted access to information systems that process FCIC /NCIC /III data, shall abide by all aspects of the FBI CJIS Security Addendum. The contract between the User and the vendor will incorporate the Security Addendum to ensure adequate security of FCIC /NCIC /III data. The. User will maintain the Security Addendum Certification form for each member of the vendor staff with access to information systems that process FCIC /NCIC /III data. Private vendors permitted such access should be aware of the provisions of s. 817.5681, regarding breach of security of personal information. 10. PASSWORDS: The User will ensure that all personnel who initiate a transaction to the FCIC II message switch have a separate and distinct password for the software /interface used to initiate the transaction. The User will ensure that all interfaces with the FCIC II message switch, operated by the User, follow the password requirements as outlined in the FBI CJIS Security Policy. 11. INDIVIDUAL USER ACCESS: The User will deactivate individual user access to eAgent and /or other FCIC interfaces, other CJNet applications, and FBI Law Enforcement On -line (LEO), upon separation, reassignment or termination of duties, provide individual user access is no longer required for the administration of criminal justice. SECTION IV MISCELLANEOUS REQUIREMENTS 1. FDLE has received funding from the United States Department of Justice and is subject to and must demand intrastate users of its criminal history record services adhere to US Code (28 U.S.C. section 534), State Statute (Chapter 943 F.S.), Code of Federal Regulations (28 C.F.R. Part 20), Florida Administrative Code (Chapter 11C -6, F.A.C.), FCIC /NCIC and III rules, regulations and operating procedures which this agreement incorporates both present and future. 2. PENALTIES AND LIABILITIES: Any non- compliance with the terms of this Agreement concerning the use and dissemination of criminal history information may subject the User's officers or employees to a fine not to exceed $11,000 as provided for in the Code of Federal Regulations, Title 28, Section 20.25, and /or discontinuance of service. Moreover, certain offenses against system security and the information contained therein are crimes under Florida Statutes and can result in criminal prosecution. 3. PROVISIONS INCORPORATED: The User shall be bound by applicable federal and state laws, federal regulations and the rules of FDLE to the same extent that the User would be if such provisions were fully set out herein. Moreover, this Agreement incorporates both present and future law, regulations and rules. 4. TERMINATION: Either party may terminate this Agreement, with or without cause, upon providing advanced written notice of 45 days. Termination for cause includes, but is not limited to, any change in the law that affects either party's Jan 2009 Page 13 of 15 FOIE Criminal Justice User Agreement ability to substantially perform as originally provided in this Agreement. Should the aforementioned circumstances arise, either party may terminate or modify the Agreement accordingly. • - FDLE reserves the right to terminate service, without notice, upon presentation of reasonable and credible evidence that the User is violating this Agreement or any pertinent federal or state law, regulation or rule. 5. MODIFICATIONS: Modifications to the provisions in this Agreement shall be valid only through execution of a formal Agreement amendment. 6. ACCOUNTABILITY: To the extent provided by the laws of Florida, the User agrees to be responsible for the negligent acts or omissions of its personnel arising out of or involving any information contained in, received from, entered into or through CJNet, FCIC /NCIC, III and NLETS. 7. ACKNOWLEDGEMENT: The User hereby acknowledges the duties and responsibilities as set out in this Agreement. The User acknowledges that these duties and responsibilities have been developed and approved by FDLE to ensure the reliability, confidentiality, completeness, and accuracy of all records contained in or obtained by means of the CJNet, including the FCIC /NCIC System. The User further acknowledges that failure to comply with these duties and responsibilities will subject its access to various sanctions as approved by the FBI Criminal Justice Information Services Advisory Policy Board. These sanctions may include termination of NCIC services to the User. The User may appeal these sanctions through the CSA. 8. TERM OF AGREEMENT: This agreement will remain in force until it is determined by FDLE that a new agreement is required. The User should initiate the execution of a new agreement when a change of agency chief executive occurs. Jan 2009 Page 14 of 15 FDLE Criminal Justice User Agreement IN WITNESS HEREOF, the parties hereto have caused this agreement to be executed by the proper officers and officials. NAME OF THE USER Winter Springs Police Department USER CHIEF EXECUTIVE Kevin P. Brunelle TITLE Chief of Police (PLEASE PRINT) ieava," (SIGNATURE) DATE OL 3o--0 9 \ 1 - -•3 fj -5 TITLE 1i-S ec/tA % FLORIDA DEPARTMENT OF LAW ENFORCEMENT BY"DOvW\CJ ..1172 r TITLE 7.1JI (e (`i�'�'_ (PLEASE PRINT) , , L-9,,„„ao /J (SIGNATURE) DATE () / I WITNESS - TITLEfylv1t11LCtYA Jan 2009 Page 15 of 15 p )7- 14- 09P03:59- RCVD STATE AND LOCAL HIDTA TASK FORCE AGREEMENT "CENTRAL FLORIDA HIDTA" This agreement is made this 1" day of October 2009, between the United States Department of Justice, Drug Enforcement Administration (hereinafter "DEA "), and the Winter Springs Police Department (hereinafter "WSPD "). Whereas there is evidence that trafficking in narcotics and dangerous drugs exists in the Florida area and that such illegal activity has a substantial and detrimental effect on the health and general welfare of the people of Florida, the parties hereto agree to the following: 1. The DEA Orlando HIDTA Heroin Task Force will perform the activities and duties described below: a. disrupt the illicit drug traffic in the Florida area by immobilizing targeted violators and trafficking organizations; b. gather and report intelligence data relating to trafficking in narcotics and dangerous drugs; and c. conduct undercover operations where appropriate and engage in other traditional methods of investigation in order that the task force's activities will result in effective prosecution before the courts of the United Slates and the State of Florida. 2. To accomplish the objectives of the Heroin Task Force, the WSPD agrees to detail one (1) experienced officer(s) to the Heroin Task Force for a period of not less than two years. During this period of assignment, the WSPD officers will be under the direct supervision and control of DEA supervisory personnel assigned to the task force. 3. The WSPD officers assigned to the task force shall adhere to all DEA policies and procedures. Failure to adhere to DEA policies and procedures shall be grounds for dismissal from the task force. 4. The WSPD officers assigned to the task force shall be deputized as task force officers of DEA pursuant to 21 USC 878. 5. To accomplish the objectives of the DEA Orlando Heroin Task Force, DEA will assign four (4) Special Agents to the task force. HIDTA will also, subject to the availability of annually appropriated funds or any continuing resolution thereof, provide necessary funds and equipment to support the activities of the DEA Special Agents and WSPD officers assigned to the task force. This_support will include: office space, office supplies travel funds, funds for the purchase of evidence and information, investigative equipment, training and other support items. 6. During the period of assignment to the DEA Heroin Task Force, the WSPD will remain responsible for establishing the salaries and benefits, including overtime, of the WSPD officers assigned to the task force and for making all payments due them. HIDTA will, subject to availability of funds, reimburse the WSPD for overtime payments made by it to the WSPD officers assigned to the DEA Heroin Task Force for overtime, up to a sum equivalent to 25 percent of the salary of a GS -12, Step 1 (RUS) federal employee, currently $ 16,903.25, per officer. 7. In no event will the WSPD charge any indirect cost rate to DEA for the administration or implementation of this agreement. 8. The WSPD shall maintain on a current basis complete and accurate records and accounts of all obligations and expenditures of funds under this agreement in accordance with generally accepted accounting principles and instructions provided by DEA to facilitate on -site inspection and auditing of such records and accounts. 9. The WSPD shall permit and have readily available for examination and auditing by DEA, the United States Department of Justice, the Comptroller General of the United States and any of their duly authorized agents and representatives, any and all records, documents, accounts, invoices, receipts or expenditures relating to this agreement. The WSPD shall maintain all such reports and records until all audits and examinations are completed and resolved or for a period of three (3) years after termination of this agreement, whichever is sooner. 10. The Winter Springs Police Department shall comply with Title VI of the Civil Rights Act of 1964, Section 504 of the Rehabilitation Act of 1973, the Age Discrimination Act of 1975, as amended, and all requirements imposed by or pursuant to the regulations of the United States Department of Justice implementing those laws, 28 C.F.R. Part 42, Subparts C, F, G, H and I. 11. The WSPD agrees that an authorized officer or employee will execute and return to DEA the attached OJP Form 4061/6, Certification Regarding Lobbying; Debarment, suspension and —.ier Responsibility Matters; and drug -Free Workplace Requirements. The WSPD acknowledges that this agreement will not take effect and no federal funds will be awarded until the _ completed certification is received. 12. When issuing statements, press releases requests for proposals, bid solicitations and other documents describing projects or programs funded in whole or part with federal money, the WSPD shall clearly state: (1) percentage of the total cost of the program or project which will be financed with federal money and (2) the dollar amount of federal funds for the program or project. 13. The WSPD understands and agrees that HIDTA will provide the DEA Heroin Task Force Officers with vehicles suitable for surveillance. HIDTA through DEA will furnish mobile radios for installation in the HIDTA Task Force vehicles and HIDTA will assume the cost of installation and removal. HIDTA will be financially responsible for the purchase of fuel for the leased vehicles and for providing routine maintenance, i.e., oil changes, lubes and minor tune -ups via the HIDTA lease contractor. DEA and HIDTA procedures for reporting and investigating automobile accidents involving Official Government Vehicles (OGV'S) -HIDTA lease vehicles shall apply to accidents involving the leased vehicles furnished to the WSPD personnel, in addition to whatever accident reporting requirements the WSPD may have. 14. While on duty and acting on task force business, the WSPD officers assigned to the HIDTA task force shall be subject to all DEA and federal government rules, regulations and procedures governing the use of OGV's for home to work transportation and for personal business. The HIDTA Executive Committee acknowledges that the United States is liable for the actions of task force officer, while on duty and acting within the scope of their federal employment, to the extent permitted by the Federal Torts Claim Act, 28 U.S.C. 2401 (b) 2671 -2680. 15. The term of this agreement shall be from the date of signature by representatives of both parties to September 30, 2010. This agreement may terminated by either party on 30 days advance written notice. Billings for all outstanding obligations must be received by DEA within 90 days of the date of termination of this agreement. HIDTA will be responsible only for obligations incurred by WSPD during the term of this agreement. For the Drug Enforcement Administration: Date: J y rk R. rouville Special Agent in Charge Miami Field Division For the Winter Springs Police Department: Date: —71w. Ctu cl0 Kevin P. Brunelle l Chief U.S. DEPARTMENT OF JUSTICE OFFICE OF JUSTICE PROGRAMS OFFICE OF THE COMPTROLLER CERTIFICATIONS REGARDING LOBBYING; DEBARMENT, SUSPENSION AND OTHER RESPONSIBILITY MATTERS; AND DRUG -FREE WORKPLACE REQUIREMENTS Applicants should refer to the regulations cited below to determine the certification to which they are required to attest. Applicants should also review the instructions for certification included in the regulations before completing this from. Signature of this form provides for compliance with certification requirements under 28 CFR Part 69, "New Restrictions on Lobbying" and 28 CFR Part 67, "Government -wide Department and Suspension (Nonprocurement) and Government -wide Requirements for Drug -Free Workplace (Grants)." The certifications shall be treated as a material representation of fact upon reliance will be placed when the Department of Justice determines to award the covered transaction, grant, or cooperative agreement 1. LOBBYING public (Federal, State, or local) transaction or contract under a public transaction; violation of Federal or State antitrust As required by Section 1352, Title 31 of the U.S. Code, and statutes or commission of embezzlement theft forgery, implemented at 28 CFR Part 69, for persons entering into a bribery, falsification or destruction of records, making false grant or cooperative agreement over 5100,000, as defined at statements, or receiving stolen property; 28 CFR Part 69, the applicant certifies that: (c) Are not presently indicted for or otherwise criminally or (a) No Federal appropriate funds have been paid or will be civilly charged by a governmental entity (Federal, State, or paid, by or on behalf of the undersigned, to any person for in- local) with commission of any of the offenses enumerated in fluencing or attempting to influence an officer or employee of paragraph (1)(b) of this certification; and any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in con - (d) Have not within a three -year period preceding this applica- nection with the making of any Federal grant, the entering into lion had one or more public transactions (Federal, State, or of any cooperative agreement, and extension, continuation, local) terminated for cause or default; and renewal, amendment, or modification of any Federal grant or cooperative agreement; B. Where the applicant is unable to certify to any of the statements in this certification, he or she shall attach an (b) If any funds other than Federal appropriated funds have explanation to this application. been paid or will be paid to any person for influencing or at- tempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or 3. DRUG - FREE WORKPLACE an employee of a Member of Congress in connection with this (GRANTEES OTHER THAN INDIVIDUALS) Federal grant or cooperative agreement, the undersigned shall complete and submit Standard Form - LLL, Disclosure of As required by the Dru -Free Workplace Act of 1988, and Lobbying Activities," in accordance with its instructions: implemented al 28 CFR Part 67, Subpart F for grantees as defined at 28 CFR Part 67 Sections 67.615 and 67.620- t - The undersigned shall require that the language of this cer- ifcation be included in the award documents for all subawards A. The applicant certifies that it will or will continue to provide at all tiers (including subgrants, contracts under grants and a drug -free workplace by: cooperative agreements, and subcontracts) and that all sub - recipients shall certify and disclose accordingly, (a) Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or i use of a controlled substance is prohibited in the grantee's 2. DEBARMENT SUSPENSION, AND OTHER workplace and specifying the actions that will be taken against RESPONSIBILITY N ATTERS employees for violation of such prohibition; (b) Establishing an on -going drug -free awareness program to As required by Executive Order 12549 Debarment and in employees about - Suspension, and implemented at 28 CFR Prt 67. for prospec- tive participants in primary covered transactions, as defined at (1) The dangers of drugs abuse in the workplace; 28 CFR Part 67, Section 67.510 - (2) The grantee's policy of maintaining a drug -free workplace; A. The applicant certifies that it and its principals: (3) Any available drug counseling, rehabilitation, and employee (a) Are not presently debarred, suspended, proposed for debar- assistance programs: and ment declared ineligible sentenced to a denial of Federal benefits by a State or Federal court, or voluntarily excluded (4) The penalties that may, be imposed upon employees for from covered transactions by any Federal department drug abuse violations occurring in the workplace; or agency; (c) Making it a requirement that each employee to be engaged (b) Have not within a three -year period preceding this applica- in the performance of the grant be given a copy of the state- lion been convicted of or had a civil judgment rendered against ment required by paragraph (a); them for commission of fraud or a criminal offense in connec- tion with obtaining, attempting to obtain, or performing a (d) Notifying the employee in the statement required by paragraph (a) that, as a condition of employment under the grant, the employee will - OJP FORM 4061/6 (3 -91) REPLACES OJP FORMS 4061/2, 4062/3 AND 4061/4 WHICH ARE OBSOLETE. • (1) Abide by the terms of the statement; and (2) Notify the employer in writing of his or her conviction for a violation of a criminal drug statute occurring in the workplace no later than five calendar days after such conviction: (e) Notifying, the agency, in writing, within 10 calendar days after receiving no ce under subparagraph (d)(2) from an Check L..; if there are workplace on file that are not identified employee or otherwise receiving actual notice of such convic- here. tion. Employers of convicted employees must provide notice - including position title, to: Department of Justice, Office of Section 67, 630 of the regulations provides that a grantee that Justice Programs, ATTN: Control Desk, 633 Indiana Avenue, is a State may elect to make one certification in each Federal M.W., Washington D.C. 20531. Notice shall include the iden- fiscal year. A copy of which should be included with each ap- tification number(s) of each affected grant; plication for Department of Justice funding. States and State agencies may elect to use OJP Form 4061/7. (f) Taking one of the following actions, within 30 calendar days of receiving notice under subparagraph (d)(2), with Check i if the State has elected to complete OJP Form respect to any employee who is so convicted- 4061/7. 0) Taking appropriate personnel action against such an employee, up to and including ermination consistent with the DRUG - FREE WORKPLACE requirements of the Rehabilitation Act of 1973, as amended; or (GRANTEES WFIO ARE INDIVIDUALS) (2) Requiring such employee to participate satisfactorily in a As required by the Drug Free Workplace Act of 1988, and drug abuse assistance or rehabilitation program approved for implemented al 28 CFR - Part 67, Subpart F, for grantees, as such purposes by a Federal, State, or local health, law enforce- defined at 28 CFR Part 67; Sections 67.615 and 67.620 - ment, or other appropriate agency; A. As a condition of the grant I certify that I will not engage (g) Making a good faith effort to continue to maintain a drug- in the unlawful manufacture distribution, dispensing, posses - free workplace through implementation of paragraphs (a), (b), sion, or use of a controlled substance in condition any (c), (d), (e), and (f). activity with the grant; and B. The grantee may insert in the space provided below the 8. If convinced of a criminal drug offense resulting from a site(s) for the performance of work done in connection with violation occurring during the conduct of any grant activity, I the specific grant: will report the conviction, in writing within 10 calendar days of the conviction, to: Department of Justice, Office of Justice Place of Performance (Street address, city, country, state, zip Programs, ATTN: Control Desk, 633 Indiana Avenue, N.W., code) Washington, D.C. 20531. As the duly authorized representative of the applicant, I hereby certify that the applicant will comply with the above certifications. 1. Grantee Name and Address: Chief Kevin P. Brunelle Winter Springs Police Department 300 N. Moss Rd. Winter Springs, FL 32708 2. Application Number and /or Project Name 3. Grantee IRSNendor Number • Kevin P. Brunelle, Chief 4. Typed Name and Title of Authorized Representative (r &AI sfr ,? a o 0 9 5. Signature 6. Date Agreement 4A2064 MEMORANDUM OF AGREEMENT BETWEEN PARTICIPATING SEMINOLE COUNTY, FEDERAL AND STATE OF FLORIDA LAW ENFORCEMENT AGENCIES AND THE FLORIDA DEPARTMENT OF CORRECTIONS PARTIES This Memorandum of Agreement ( "Agreement ") is between the Florida Department of Corrections. (DOC), participating Seminole County, State of Florida and Federal Law Enforcement Agencies ( "LE "), and the Seminole County Probation. Department ( "CP ") which are the parties hereto. All participating Seminole County, State of Florida and Federal Law Enforcement agencies are indicated in Attachment A. - The purpose of the Agreement is to provide a mechanism for the DOC through its Community Corrections Circuit Office (specifically the 18` Circuit in Seminole County), CP and LE to share investigative information and collaborate on enforcement efforts with a goal of reducing criminal activity by coordinating physical resources, manpower and criminal intelligence. This may include, but is not limited to offender visits, employees of DOC and CP riding with LE and vice versa, serving warrants and any other steps DOC, CP and LE deem necessary to facilitate reducing criminal activity in Seminole County. DOC, CP, and LE agree that there is a major law enforcement problem relating to criminal activity in Seminole County, Florida. DOC, CP and LE agree that an intelligence -led, data- driven, multi agency response will greatly enhance the effectiveness of DOC, CP and LE in countering crime and criminal activity in Seminole County. DOC, CP and LE agree that re -entry programs and assistance to offenders and probationers are an appropriate use of resources and will enhance fighting crime and criminal activity. DOC, CP and LE share the common goal of promoting public safety in Seminole County by reducing crime and recidivism among offenders under community supervision through the efficient administration of policing and correctional services. DOC, CP, and LE understand that DOC is a party to similar partnerships in other counties in Florida. DOC, CP and LE believe that a coordinated response between those other partnerships will aid in the effectiveness of DOC, CP and LE, as well as the efforts with those similar partnerships in other counties in providing efficient policing and correctional services. DOC, CP, and LE understand that every effort will be made to schedule operations pertaining to this Agreement with the similar partnerships. DOC, CP, and LE recognize that the efficient interaction of this partnership depends upon efficient interaction of their respective agencies and the sharing of information and records regarding the efficient providing of policing and correctional services. DOC, CP and LE commit within the terms of this Agreement to a coordinated effort to provide policing and correctional services where each will benefit from the other's resources, abilities and experience. DOC, CP, and LE enter into this Agreement under the following terms: L TERM OF AGREEMENT This Agreement will begin on the last date signed by the parties. This Agreement will expire two (2) years from the last date on which a party signed it. MOACCA 09 Page 1 of 11 Agreement #A2064 IE. SCOPE OF AGREEMENT DOC, CP, and LE as partners in this Agreement agree that that they will carry out their respective duties and responsibilities as outlined in this Agreement. This will be subject to the laws of the United States, the State of Florida, and the ordinances of Seminole County, Florida. DOC, CP, and LE understand that each agency has its own policies and procedures that will further restrict the activities of each agency's personnel. A. Overview DOC, CP, and LE will work together in their goal of improving the administration of criminal justice and reentry services in Seminole County, Florida by: 1. Improving the efficiency of interaction between their offices. 2. Facilitating the exchange of information and records between the parties collected and maintained by each. 3. Using a team problem - solving approach to address challenges posed in the implementation of this Agreement and the criminal justice system. Each party retains responsibility for its personnel and any fiscal or general administrative services each party incurs in support of this Agreement. Sweep operations, as it pertains to this Agreement, involve teams of DOC, CP, and LE personnel targeting offenders on probation for home or workplace visits. Those offenders that will be targeted include, but are not limited to those on probation for forcible felonies, those offenders on probation with a history of gang related violence and registered sexual offenders under supervision by DOC or CP: B. Joint Responsibilities 1. In order to enhance public safety, each party agrees to commit its resources as it deems appropriate to apprehend offenders under supervision of the DOC, CP or Parole Commission who have violated supervision terms set forth by their sentencing authority. 2. Each party agrees that a successful reentry strategy for offenders will lead to more safe Florida communities. Each party agrees to commit its resources as it deems appropriate in a coordinated effort to provide offenders and former offenders the skills and support systems needed to successfully reintegrate into Florida communities. 3. The parties believe that some of the most pressing issues for offenders reentering into society include, but are not limited to the following: housing (permanent or temporary), employment, education, life skills, behavior management, substance abuse, mental health treatment and transportation. 4. DOC, CP, and LE agree to provide a designee to attend meetings and serve as a representative of their particular agency. Each party agrees to hold such meetings to discuss issues and methods of implementing the partnership in the most effective manner possible. Each party agrees that said meetings will be held on at least a quarterly basis, MOA CCA 09_14_09 Page 2 of 11 Agreement #A2064 but the parties may agree to meet more frequently if in their judgment it would help fulfill the goals of this Agreement. 5. The parties understand that the exchange of information as to their specific responsibilities, duties and roles within the criminal justice system and regarding offender reentry are vital to the efficient operation of this partnership. The information exchanged should be that designed to maximize the use of resources and personnel and to further the successful reentry strategies as agreed on by the partnership. 6. The parties agree to exchange all information regarding offenders, including suspected violation of supervision. Such exchange will only be limited by federal or state law and the policies and procedures of each agency. 7. To maximize the use of resources and personnel, the parties agree to identify any shared duties, responsibilities or goals and coordinate the performance of same in order to avoid duplication of services and wasted resources. The parties agree to establish policies to implement the Agreement by pooling or sharing resources or equipment where applicable to enhance the delivery of quality service. 8. The parties agree to create procedures for communicating the goals and ideas of the partnership to their personnel for action and implementation. C. Coalition Structure 1. The Sheriff of Seminole County (Sheriff) is established as the Coordinator of Seminole County and will coordinate all . compliance and enforcement initiatives with those agencies previously identified as LE in this Agreement. The participation of specific agencies will be affirmed by the signature of the agency head or authorized representative of same. The Sheriff will endeavor to ensure successful and timely completion of LE goals and objectives. 2. The Sheriff will also function as the LE Agreement Manager as provided for in Section N of this Agreement and will serve as LE liaison/contact regarding issues that arise from this Agreement. 3. The parties will meet quarterly to accomplish the following: a. Establish LE objectives; b. Establish guidelines and procedures for LE initiatives; c. Share investigative information and data at quarterly meetings; and d. Establish guidelines and procedures for the disposition of forfeited property. D. Department of Corrections (DOC) Responsibilities The Department of Corrections will perform the following duties in support of the Agreement to the extent possible within those resources the DOC, in its own judgment, believes it can commit to the Agreement. 1. DOC will dedicate certain officers and resources to facilitate the identification of dangerous, high risk offenders under supervision. MOA Page 3 of 11 Agreement #A2064 2. DOC will provide current information. with LE on those offenders under supervision. of DOC. This will include, but not be limited to: addresses, offenses, and conditions of supervision and criminal histories. 3. DOC will designate officers to participate in LE operations, in order to familiarize LE with the location, descriptions and conditions of supervision for offenders on community control, sexual predators, sexual offenders and high risk offenders. All DOC officers who participate in these operations will be current on use of force training in accordance with DOC's "Use -of -Force in Community Corrections" Procedure 302.313. DOC will designate officers to participate in operations when, in its own. judgment, DOC believes it can commit resources to the Agreement. 4. DOC will designate officers to conduct administrative searches in accordance with DOC Procedure 302.211 to ensure that offenders are in compliance with their terms of supervision. 5. DOC will train LE officers in accordance with Rule 33- 302.108 of the Florida Administrative Code and with DOC Procedure 302.311 regarding participation in warrantless arrests. 6. DOC may be present, but will not participate in law enforcement activities when the offender is not under the supervision of the DOC or the Florida Parole Commission. E. Law Enforcement (LE) Responsibilities Law Enforcement will perform the following duties in support of the Agreement to the extent possible within those resources that LE, in its own judgment, believes it can commit to the Agreement. 1. LE will provide DOC with all current information on absconders and offenders under the supervision of DOC. 2. LE will assist DOC officers on field visits to offender residences and places of employment as deemed necessary by LE to execute a warrant or warrantless arrest. 3. LE will task law enforcement officers of member agencies to provide security for probation officers while conducting administrative searches to ensure the offender's compliance with the terms of supervision. Said LE officers will control the offender, any individuals on site who attempt to interfere with the administrative search, and transport the offender to the county jail if needed. 4. LE will provide assistance to identify, secure, provide receipts for and properly store any property seized during an administrative search conducted by DOC as the situation requires. 5. LE will notify DOC of any violations of supervision that an offender commits in the presence of the LE officer, and shall conduct a warrantless arrest upon confirmation with DOC that a violation has occurred. 6. LE will assist DOC in transporting and/or arresting absconders or offenders within Seminole County, Florida, or as otherwise permitted by law, if the offender is found to be MOA CCA 09 14 09 Page 4 of 11 Agreement #A2064 in violation of supervision. LE will ensure that participating LE officers are aware of DOC Procedure 302.311 when participating in transporting/arresting aforementioned absconders or offenders. 7. LE will provide the opportunity for DOC to participate in ride along operations in order to familiarize DOC officers with the whereabouts, descriptions, and specified conditions of supervision of community control offenders, sexual predators, sexual offenders and high risk offenders, and to ensure that all violations are communicated to the DOC officer supervising the offender for communication to the appropriate sentencing authority. F. Seminole County Probation Department (CP) Responsibilities The Seminole County Probation Department will perform the following duties in support of the Agreement to the extent possible within those resources the CP, in its own judgment, believes it can commit to the Agreement. 1. CP will dedicate certain officers and resources to facilitate the identification of dangerous, high risk offenders under supervision. 2. CP will provide current information with LE on those offenders under supervision of CP. This will include, but not be limited to: addresses, offenses, and conditions of supervision and criminal histories. 3. CP will designate officers to participate in LE operations, in order to familiarize LE with the location, descriptions and conditions of supervision for offenders on community control, 'sexual predators, sexual offenders and high risk offenders. This is to ensure that all violations are communicated to the supervising CP officers. All CP officers who participate in these operations will be current on use of force training in accordance with CP's policies and procedures. 4. CP will designate officers to conduct administrative searches in accordance with CP Policy and Procedures to ensure that offenders are in compliance with their terms of supervision. 5. CP will train LE officers in accordance with CP's participation in warrantless arrests. 6. CP will not participate in law enforcement activities when the offender is not under the supervision of the CP. BL FINANCIAL OBLIGATIONS OF THE PARTIES DOC, CP, and LE acknowledge that the Agreement is not intended to create financial obligations between the parties. If financial obligations are incurred as a result of the parties performing their duties or responsibilities under the Agreement, it is understood that the parties will bear their own costs. MOA CCA 09 14 09 Page5 of 11 Agreement #A2064 IV. AGREEMENT MANAGEMENT A. Administrator of the Agreement for DOC DOC designates its Chief of the Bureau of Procurement and Supply as the designated Agreement Administrator for DOC and is responsible for maintaining the official file regarding this Agreement, processing any amendments or termination of same, and of maintaining records of correspondence between DOC, CP and LE regarding the administration of the Agreement. The contact information of DOC's Administrator of the Agreement is: Chief, Bureau of Procurement and Supply Florida Department of Corrections 2601 Blair Stone Road Tallahassee, FL 32399 -2500 (850) 488 6671 - telephone (850) 922 8897 - facsimile B. Agreement Managers DOC, CP, and LE have identified the following individuals as Agreement Managers. These individuals are responsible for enforcing performance of the Agreement terms and conditions and shall serve as liaison/agency contact regarding issues arising out of the Agreement. DOC, CP, and LE reserve the right to delegate another individual to serve as Agreement Manager as they see fit. DEPARTMENT OF CORRECTIONS Edith DeCicco Circuit Administrator, 1 8 `h Circuit 2698 Orlando Drive Sanford, Florida 32773 (407) 302 -3811 - telephone (407) 302 -3819 - facsimile decicco.edith(c ? mail.dc.state.fl.us - email LAW ENFORCEMENT Donald F. Eslinger Sheriff, Seminole County Sheriff's Office 100 Bush Blvd. Sanford, Florida 32773 (407) 665 -6650 - telephone (407) 665 -6654 - facsimile deslinger®seminolesherifforg MOA CCA 09_14_09 Page 6 of 11 Agreement #A2064 COUNTY PROBATION Derek Gallagher Chief, Seminole County Probation. Department 116 N. Hood Avenue Sanford, Florida 32771 (407) 665 -4615 - telephone (407) 665 -4613 - facsimile dgallagher@seminolecountyfl.gov — email V. REVIEW AND MODIFICATION A. Upon request of any party, all parties will review the Agreement to determine whether or not the terms and conditions of the Agreement are still appropriate. DOC, CP, and LE agree to renegotiate terms and conditions of the Agreement if it is mutually determined that significant changes in the Agreement are needed. No party is under any obligation to agree. B. Modifications of the Agreement, with the exception of Section W, Agreement Management, must be made through formal written amendment to the Agreement. Any party may change their Agreement Manager as provided in Section IV as they see fit by communication to the other party. VI. TERMINATION This Agreement may be terminated at any time upon the mutual consent of any party or unilaterally by any party with no less than thirty (30) calendar days' of notice. Notice will be delivered by certified mail (return receipt requested). Any party may terminate the Agreement with 24 hours notice to the other party only for failure to comply with the terms of the Agreement or any applicable federal or state law. VII. OTHER CONDITIONS A. Indemnification DOC, CP, and LE each agree that they are liable for the actions of their own personnel, employees and agents when acting in furtherance of the Agreement. DOC, CP, and LE each understand that they are responsible for defending any and all claims, whether brought in United States or Florida courts, against their own personnel, employees and agents. None of the parties agree to indemnify the others in any way. B. Confidentiality DOC, CP, and LE will ensure that their agents, personnel and employees assigned to implement or support the Agreement will apply all appropriate statutes, rules and regulations with regards to the confidentiality of individual participants receiving services. All information and records obtained during the course of the Agreement will be handled with the maximum confidentiality permitted by rule, regulation and statute. Each party will endeavor to keep the other's personnel information private, but each party understands that they are governed by Florida State Statutes, specifically Chapters 112 and 119. MOA_CCA_0914_09 Page 7of11 Agreement #A2064 • C. Disputes Any dispute concerning performance of the terms of the Agreement will be handled informally by the Agreement Managers. Failure to reach agreement on the performance of the terms of the Agreement by the Agreement Managers will lead to an impasse. No party is bound to agree to any solution to any dispute. An impasse declared by all Agreement Managers terminates the Agreement. D. Data Sharing DOC, CP, and LE acknowledge that they are both bound by Florida State Statutes, specifically the Public Records Law, Chapter 119. DOC, CP and LE agree to specifically identify any information provided to the other party that they believe is exempt from the Public Records Law as described in Section 119.07(1), Florida Statutes. Each party agrees to respect the other's legal opinion on exemption, and will refer any party seeking disclosure of said documents to the providing party for purposes of explaining the exemption from statutes. Each party agrees to notify the other parties when said documents are requested and to provide copies of the requested documents for-review, when possible, to determine whether some type of confidential information has been requested. E. Health Insurance Portability and Accountability Act DOC, CP, and LE acknowledge that they are subject to and will comply with the Health Insurance Portability and Accountability Act (42 U.S.C. 1320d -8). The DOC, CP, and LE have the right to inspect each other's policies and procedures to ensure that they comply with said act. If one party believes the other's policies and procedures do not comply with said act, the issue will be settled by the Agreement Managers. • THIS SPACE LEFT INTENTIONALLY BLANK MOA CCA Page 8 of 11 • Agreement #A2064 AUTHORIZATION FOR SIGNATURE IN WITNESS THEREOF, the parties hereto have caused this Amendment to be executed by their undersigned officials as duly authorized. Altamonte Springs Police Department Robert Merchant, Chief of Police Name Date and Signature Casselberry Police Department James Ruf, Chief of Police C - g 94; Name Date and Si turn( Federal Bureau of Investigation, Orlando RA (Resident Agency) Christopher Davis, Assistant Special Agent in Charge Name / Date and Signature Florida Department of Law Enforcement Joyce Dawley, Special Agent in Charge . - S Name Date and S' atur Name Date and Signature Lake Mary Police Department Steve Bracknell, Chief of Police • 14-0 ettwk44.8 Name Date and Signature • Longwood Police Department Thomas Jackson, Chief of Police 1 Name Da a :. d Signature Oviedo Police Department Jeffrey Chudnow, Chief of Police /�/�;< / Name Date and Signature =prtment a � " ice 97 %� ' � t Name Date and Signature Sanford Police Department Brian Tooley, Chief of Police /G17/67 Da - •d F eature O . It _ r 44: ! Name 44: ` r� axe � , _ r i ' .._ l a / S s ft v p ZJ Fo Name Date and Signature ACT X36 Cou.n - e 1 Fe et m�rid� C u €c n egt MOA CCA 09_14_09 Page 9 of 11 • Agreement #A2064 Seminole County Sheriff's Office 4'a c Donald F. Eslinger, Sheriff 1►= ���'�+ Name Date and Signature Seminole County Sheriff's Office, General Approv • as to form and legality, bject to Counsel execuuA /� C / Z R / David Lane t // Name Date and Signature Winter Springs Police Department Kevin Brunelle, Chief of Police 5-7-01 (9y Name Date and Signature United States Secret Service, Orlando RA (Resident Agency) James Glendinning, Assistant Special Agent in / Charge l0 -S 09 / , Name • sate and Sigma - DEPARTMENT OF CORRECTIONS Approved as to form and legality, subject to execution: SIGNED ,l / SIGNED BY: "Af BY: ' - NAME: Richard D. Davison NAME: " reen Von Hoene TITLE: Deputy Secretary '1'IILE: General Counsel Department of Corrections Department of Corrections DATE: ✓d /Zd 6? DATE: - cD% MOA_CCA_09_14_09 Page 10 of 11 Agreement #A2064 Attachment A Law Enforcement Agencies (LE's) Seminole County Altamonte Springs Police Department Casselberry Police Department Lake Mary Police Department Longwood Police Department Oviedo Police Department Sanford Airport Police Department Sanford Police Department Seminole County Sheriff's Office Winter Springs Police Department Other Agencies Federal Bureau of Investigation (Orlando Office) Florida Department of Law Enforcement United States Secret Service Orlando RA (Resident Agency) MOA Page 11 of 11