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HomeMy WebLinkAboutMutual Aid Agreement - Seminole County In-Progress Crime Unit - 2019 08 02 Seminole C ty In-Progress Crime ~ U ~t MUTUAL AID AGREEMENT& GUIDELINES JLJ/Y 1" 2019 City OfAltamonte Springs Police Department City 0fCasselberry Police Department City ofLake Mary Police Department City 0fLongwood Police Department City Oƒ Oviedo Police Department City OfSanford Police Department City ofWinter Springs Police Department VVHERE/\3, in accordance with Sections 16301 (2) and 163.01 (14) Florida Statutes, and other controlling |avv, governmental agencies are authorized to enter into inter-local agreements; and WHEREAS, pursuant to Section 23.1225 (1)(a). Florida Statutes two nrmore law enforcement agencies may enter into a voluntary cooperation written agreementwhich permits voluntary cooperation and assistance of a routine law enforcement nature across jurisdictional lines; and VVHEREAS, the undersigned agencies have the authority under the Florida Interlocal Cooperation Act and under Mutual Aid statutes to cooperate with each other on the basis of mutual advantage and provide services, facilities, cooperation and assistance that will best meet the needs of the communities involved, and WHEREAS, the parties have determined that they can make efficient use of their powers and resources in operations and investigations which may require specialized expertise and involve long term investigative commitment and which have the potential to cross jurisdictional |ines, through coordination and sharing of personnel with specialized technical expertise and with specialized resources. The parties agree to carry out their respective duties and responsibilities as outlined below, subject to controlling |avv, policies or procedures and in consideration of the mutual interests and understandings herein expressed; and WHEREAS, the Altamonte Springs Police Department, the Casselberry Police Department, the Lake Mary Police Department, the Longwood Police Department. the Oviedo Police Deportment. the Sanford Police Department, the Winter Springs Police Department, and the Seminole County Sheriff's Office collectively referred to hereafter as the PARTIES desire to enter into a Voluntary Cooperation Agreement establishing what will be referred to as the Seminole County In-Progress Crime Unit(IPCU); and WHEREAS, all of the member agencies of the IPCU are desirous of reducing the occurrence of crimes that affect our community such as commercial and residential burg|arieo, vehicle burg|ariea, robberies, auto theft, organized retail theft, violent orime, orother crime trends that impact the quality of life in Seminole County, 1 NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS: SECTION I PURPOSE/MISSION: The purpose of the |PCU is the suppression of crimes that affect our oommunhy such as commercial and residential burg|ahee, vehicle burg|ahea, robberiem, auto theft, organized retail theM, violent crime, or other crime trends that impact the quality of life in Seminole County. The primary mission of the IPCU is to provide immediate response and follow-up investigation into such offenses through the application of a combination of intelligence-led po|iuing, community po|icing, problem-oriented po|ioinA, and predictive policing, To this end. the |PCU will be supported by the Sheriff's Crime Analysis Unit to provide intelligence and analytical products in real-time in support nfthe |PCU'o strategic objectives Theme activities will cross municipo|]uriodictiona| lines as well as beyond the County of Seminole. It is the belief ofthe participating agencies that mutual eupport, collaborative planning and commitment of combined resources will benefit the citizens of each municipality and all citizens of Seminole County, SECTION 11 MEMBER AGENCIES: The following Seminole County Law Enforcement Agencies are participating members of the In- Progress Crime Unit (|PCU)� 5emino|eCountySherifoOffima (oomedmeaheneinnefernadhoae ^Sheriff") /Ubsmnnte Springs Police Department Casselberry Police Department Lake Mary Police Department Longwood Police Department Oviedo Police Department Sanford Police Department Winter Springs Police Department Pursuant to signing this /\gneament, each of the undersigned |evv enforcement agencies upproves, authorizes and enters into this Agreement as members of Seminole County IPCU for the provision of personnel, |avv enforcement services and equipment within the jurisdictional boundaries of Seminole County and its member municipalities and as otherwise authorized by mutual aid or cooperative agreements with other non-member jurisdictions and agencies when called upon for, assistance or to provide assistance, The participating agencies of Seminole County |PCU desire to set forth policy and procedures pertaining to the management of, |eodernhip, toaining, the payments of salary and benefita, and provisions for clothing and equipment issued to personnel assigned to the Seminole County |PCU as set forth in this Agreement. JURISDICTION:SECTION III When engaged in |PCU investigations and operations that have been approved by the |PCU Commander, as contemplated by this Agreement. |PCU members who do not otherwise have jurisdictional authority shall have full jurisdictional authority anywhere within Seminole County with full powers to enforce Florida Law and to avail themselves of the provisions of this agreement. Activities shall be considered authorized only when approved and directed by the |PCU commander orhis/her designee orae otherwise provided for herein, Law enforcement officers assigned to the IPCU pursuant to this Agreement shall be empowered to 2 render law enforcement assistance and take law enforcement action in accordance with the law and the terms ufthis agreement, Pursuant to Section 23.127(1), Florida Statuten, employees of agencies that are parties to this Agreement participating in |PCU, nhmU, when engaging in authorized mutual cooperation and assistance pursuant to this Agreement, have the same pnwens, duties, hghtm, privileges and immunities as if the employees were performing duties inside the law enforcement jurisdictional area of their respective home agency. Additiono|iy, persons selected as |PCU members shall be sworn gnDeputy Sheriffs having the |avv enforcement authority of a sworn Seminole County Deputy Sheriff when performing duties as a member of the Seminole County |PCU, but without remuneration, Law enforcement officers from the undersigned |avv enforcement agencies who are selected for partioipation, ahoU, by virtue of this Agreement, have the authority totake law enforcement action, including but not limited to: participation incriminal investigations, tactical operations and arrests relating tuorarising from a |PCU operation or investigation occurring anywhere within the jurisdiction of Seminole County and the munioipa|it(es therein as well as extraterritorial responses pursuant to a Mutual Aid Agreement. Each party hereto, agrees that all members assigned to the IPCU will operate under the supervision of the |PCU Commander orhis/her designee. |PCU members shall for all other purposes remain agents and employees oftheir respective agencies and are not Sheriff's Office employees. SECTION IV ASSISTANCE REQUEST AND RESPONSE: Each of the undersigned Parties hereby requests the assistance of the personnel and resources of each of the other undersigned Parties for the law enforcement purposes herein. Execution of this Agreement and continued participation by the Parties shall constitute general reciprocal, continuing request for and granting of assistance between the members of this Agreement that shall be considered authorized inaccordance with this agreement, Noadditional formal request for assistance isrequired. The formation ofthe /PCUconstitutes anongoing request byeach ofthe participating agencies tnhave the deputy sheriffs and police officers who may be assigned to the |PCU, or who provide assistance pursuant to a separate Mutual Aid agnsement, assist them in their jurisdictions by taking |mvv enforcement actions relating to the investigation of violations of Florida Statutes as directed by the I PCU Commander, and the detection, appn*henoion, and arrest oflaw violators intheir jurisdiction. The |PCU Commander shall ensure that the Police Chief or designee of the law enforcement agency (ex: on-duty vvotoh commander) for the jurisdiotiun, in which a particular |PCU operation is being conducted is notified in advance of the operation. No deputy sheriff or police officer assigned to the iPCU ahoU operate under this agreement outside his or her jurisdiction without the prior approval of the |PCU Commander or him/her designee. All !PCU members are bound by and ahuU comply with operational Seminole County Sheriff's Office (SCSO)Written Directives (General Orders and Enforcement Policies and Procedures) and ordens, which govern their duties, ao1ivities, and conduct while performing as a deputy sheriff. GUIDELINES:SECTION V SELECTION & GENERAL Each member agency agrees to appoint a law enforcement leader at the rank of lieutenant, commander, or equivalent level, to serve as a member of the Executive Board, chaired by the Commander of the |PCUThe Sheriff will provide one Deputy Sheriff Lieutenant (|PCU Commander) one Deputy Sheriff Sergeant and three deputy sheriff's as full-time members of the |PCU. Each participating agency may provide at least one sworn law enforcement officer in mfuUdme2rpart-time capacity to serve in the |PCU. In the event i1is necessary to withdraw their assigned member(s), it is recommended that minimum ofsixty (SO) days' notice be given tothe |PCUCommander prior torecalling the member. 3 All potential |PCU members may be selected by their respective Chief of Police or interviewed by the Commander of the |PCU and selected panelists, The results of interviews with candidate members presented to the heads of each agency, or designee, for final approval and selection. Each |PCU member assigned from a munioipa| agency shall be appointed as a Deputy Sheriff of Seminole County for the duration of their |PCU assignment for the sole purpose of carrying out their duties under this Agreement, and without remuneration. SECTION VI COMMAND RESPONSIBILITIES: The |PCU shall work under the authority of the Sheriff ofSeminole County, Florida, through his appointed Commander. The Commander of the |PCW shall meet monthly with Executive Board members and outline the monthly activities of |PCU and the involvement of agency representative(s). The Commander shall provide a summary report of this activity to include significant and/or long term investigaUono, upenstions, arrests, enforcement aotivity, search wernanto, meizunaa, status of previously seized property and other information which may berequested by |PCUmembere. The Commander of the IPCU, or designee, will provide daily activity updates to each member agency, which will include highlights of operational activity. SECTION VII FUNDING AND EQUIPMENT,- The |PCU shall be funded by the Sheriff of3emino|e C0unty, who shall provide the administrative support and overhaed, office opace, and related equipment necessary to complete the goals of the |PCU. If available, Member Agencies may evo|uoba the utilization of Edward Byrne Memorial Justice Assistance Grant (JAG) Program funding to support the |PCU in its mission. The Sheriff shall fund the costs for special clothing and equipment used by |PCU Clothing and equipment issued to individual members assigned to |PCU by the Sheriff's Office shall remain 'the property of the Seminole County Sheriff's Office unless the Sheriff or his designee approves a transfer such equipment und/uro|othing to the Agency by whom the assigned member is employed. Under no circumstances shall equipment be transferred to an assigned member unless specifically permitted by the Sheriff. It is the responsibility of the assigned member and his/her agency to ensure that any issued clothing and equipment is maintained and ready for operations and to notify the IPCU Commanderwhen issued items are no longer in serviceable condition. The member shall also be responsible for the periodic inventory of all assigned items and to promptly return all assigned items upon leaving the IPCU. The Sheriff oheU be responsible for costs of any specialized training to include training course costs and costs associated with attendance such as, travel, lodging and meals. /\member's failure toattend any required |PCU training as required by this agreement or any other training required by the |PCU Commander or his/her designee may result in removal of the member from the Seminole County IPCU. Availability to attend training and compensation for the time spent in training will fall upon the individual |PCUMember and his/her agency. Each participating agency which furnishes equipment pursuant to this Agreement must bear the cost of |maa or damage to that equipment and must pay any expenses incurred in the operation and maintenance ofthat equipment. 4 SECTION Vill SEMINOLE COUNTY SHERIFF'S OFFICE POLICIES: Participating agencies' |PCU Member's ahoU mhJn o receipt for the issuance of, the review of and required adherence toany and all Sheriff's Office Policies, General Orders and Standard Operating Procedures and any other written materials which may be required by this Agreement or the |PCU Commander or his/her designee. It will be the IPCU Commander's responsibility to provide any updated and any newly enacted Policies, General Orders and Standard Operating Procedures tothe |PCU Members and toensure that all members have accepted and reviewed them. The |PCU Commerider shall be responoib|e for maintaining documentation of all applicable policies requiring review and adherence by the merriber and docutTienting the rnerTiber's receipt. Participating agendes` |PCUmembers are responsible for ALL Sheriff's Office Policies, General Orders and Standard Operating Procedures as may currently exist as may be amended and additional policies, General Orders and SOP procedure which may beenacted. Participating agencies' IPCU Members will have access to SCSO computer's with access to FCIC/NCIC, DHSMV` Cafe data and other investigative tools. Participating agencies' |pCU k8emheny are responsible for complying with all terms and requirements of applicable SCS(} User Agreements with other agencies such as the Florida Department of Levv Enforcement (FULE). the Department of Highway Safety and Motor Vehicles (DHSMV) and complying with all SCS() security tnsining, policies and user agreements. LIABILITY:SECTION IX The Sheriff agrees toassume the liability tothird parties for the acts, omissions, o/conduct ofmember agents while an |PCU member agent is engaged in activities or initiatives pursuant to this Agreement, subject to the provisions of Section 768.28. Florida Statutes. Nothing in this Agreement shall constitute or be deemed awaiver ofsovereign immunity orofany other phvi|ege, immunity or defense afforded by law to the parties and the Sheriff and his officers, officials, employees and agents. COSTS:SECTION X POWERS, PRIVILEGES IMMUNITIES AND Auemployee ofaparticipating law enforcement agency, when actually engaging |nmutual cooperation and assistance as o member of the |PCU outside the jurisdictional limits of the member's agency jurisdictional ||mits, shall pursuant to Section 23.127(l) Florida Statutes have the same powens, ri0hts, dudes, privileges and immunities as if the employee was performing duties inside the member's own political subdivision in which he/she is normally employed. Each party hereto, agrees that each will retain full responsibility for and payment of salary (including overtime compensation or compensatory bme), retinemenMpension, insurance` disabi|ity, worker's compensation benefits and any other employment benefits for the respective agency's members participating in the Seminole County I PCU. Such compensation shall include time spent by the member for training purposes. Each member Agency shall be responsible for doma0ea, expenses and costs for worker's compensation or personal injury in the event it's assigned personnel is injured during an |PCU investigation or openstion, as if the assigned member was providing the services in his/her own jurisdiction, Each party agrees that the privileges and immunities from liability, exemption from |aws, ordinances and m|eo and application of all penoion, ineunance, re|ief, disabi|ih/, worker's compensation, salary (including overtime compensation 0rcompensatory time). death and other benefits that apply tothe activity of an employee when performing the employee's duties, shall apply to the employee to the same 5 degree. manner and extent while such employee acts under this Agreement. Each participating agency agrees to maintain infull force and effect, its own comprehensive general liability insurance, professional liability insunanoe, and automotive liability inaunanoe, or maintain a self- insuring fund, which, in the judgment of the governing body o/ that perh//agenoy, is at least adequate to cover the risk to which that party may be exposed for the tern ofthis Agn*emenL In no event shall such coverage be |eaa than the statutory waiver of sovereign immunity. Should the aforementioned insurance coverage, however provided, becancelled orundergo material change, the party shall notify each of the other parties to this Agreement of such change in writing within ten (10) days of receipt of actual orconstructive notice oractual knowledge ofsuch change, SECTION X11 DISPUTE RESOLUTION: The Commander mrSergeant ofthe |PCU will handle any minor disciplinary problems that can be resolved informally. In the event a problem is of a substantive n@ture, and requires an internal investigation or similar formality, the Commander of }PCU will notify the SCS(} Chief of Law Enforcement, who will notify the Agency [dead of the member involved and the Sheriff. The member's Agency Head, nrdesignee, will detenninethe course ofaction. Other operational problems and disputes will be initially addressed and resolved by the |PCU Commander nrSergeant with personnel assigned to the team. If problems or disputes ohoe which cannot be resolved to the mutual satisfaction of the personnel, they ohoU be presented to the Sheriff's Office Captain of Seminole Neighborhood Policing for resolution. Hovvever, it is agreed that the resolution of operational problems will be addressed and resolved at the lowest level possible in the best interests ofthe |PCU SECTION X1111 HANDLING AND DISTRIBUTION OF FORFEITED ASSETS: The parties agree and understand that the following procedures shall be utilized in relation to the seizure of property for forfeiture and the distribution same, which is seized by the |PCU that may be subject to forfeiture: 1. All seizures of monies, vehicles, oiroraft, boate, real and other personal properties by the |pCU will be proceeded a4ainst, if possible, in forfeiture. Proceedings will be handled bythe attorney supporting the |PCU unless otherwise determined by the Sheriff. The Sheriff shall be responsible for the outlay of costs regarding proceeding and handling of the forfeiture action. All property. with the exception of currency, obtained through forfeiture, whether by final order of forfeiture or pursuant to sett|ement, shall be sold. If, however, any item of forfeited property is sought to be kept for use by I PCU such alternative disposition will be decided by Sheriff. 2, Upon the sale of forfeited property or upon forfeiture or settlement of currency type property, the Sheriff shall bereimbursed, tothe extent that monies and proceeds are available, 1oinclude the following. reimbunsementforthe costs incurred in the towing, off-site etnrage, maintenance and security of the property; court. costa and related costs incurred in the filing of the forfeiture proceeding and maintenance of the auit through the trial court resolution of the matter and attorney's fees paid to retained counsel, if other than Sheriff's Counsel or a Prosecuting Authority handles the forfeiture. The Sheriff shall be responsible for the payment of all Appellate costs on m forfeiture case and any attorney's fees ordered by the court at both the trial court and appellate level up to a combined amount of $25D0, Appellate costs and attorney fees which exceed $2,500 shall be reimbursed to the Sheriff to the extent that monies and proceeds are available, The Sheriff shall also be solely responsible for the damage to the property while stored inits custody during the pendency ofaforfeiture action, Both currency received byway of forfeiture, whether by settlement orfinal judgement. and the proceeds from the sale of 6 forfeited pnnperty, will be divided equally amongst the Member Agencies with Member Agents assigned to the /PCU. However, in the event the Member Agencies are successful in securing funding from the Edward Byrne K8ennoha| Justice Assistance Grant (JAG) Prognam, pursuant to O[}J Grant requirements, and within the period of funding aUocotion, forfeiture funds or proceeds will be used to support the IPCU in its mission by providing vehicles and/or equipment rather than being divided amongst the Member Agencies, 3. All parties agree that the Forfeiture Policy of the Seminole County Sheriff's Office shall govern forfeitures instituted by the |PCU. 4� It is hereby agreed, for the purpose of this Agreement only, that the attorney supporting the |pCU in hereby authorized to represent all of the member agencies in any court of competent jurisdiction for the purposes of proceeding in forfeiture against any of the aforementioned seized vehicles, monien, nam/ or personal property. It is also agreed that if a situation arises where counsel outside the Sheriff's Office is needed and retained as determined by the Sheriff, said outside retained counsel is hereby authorized kr represent all of the member agencies in any court ofcompetent jurisdiction for the purposes of proceeding in forfeiture against any of the aforementioned seized vehio|es, monies, noa| or, personal property. SECTION XIV MISCELLANEOUS: All press releases pertaining to |PCU operations will be coordinated through the Seminole County Sheriff's Office P|{) and the \PCU Commander. No uni|akans| press releases will be made by any member agency without the prior approval of the Seminole County Sheriff's Office PID and the |PC0 Commander. >nall situations, investigative reports, news coverage, and ooforth will be attributed to Seminole County |PCU. Criminal cases, which present violations of Florida Law occurring in a single judicial cirouit, shall be presented to the Office of the State Attorney. Criminal cases involving multi-circuit issues within the State of Florida will be referred to the Office of Statewide Prosecution, The Office ofthe State Attorney will be notified of cases referred to the Office ofStatewide Prosecution. Criminal caaeo, which present violations of Federal Lovv, shall be presented to the Office of the United States Attorney. Cases which present violations of both federal and state |avv, shall be presented to either the {]f§oe of the State Attorney or the Office ofStatewide Prosecution and the Office of the United States Attorney for their determination ofthe appropriate forum for prosecution. 7 SECTION XV EFFECTIVE DATE This Agreement shall take effect upon execution and approval by the hereinafter-named offiuia|s, and shall continue /nfull force and effect until January 1 2021 unless terminated prior thereto byany nrall the parties herein, Termination by a party will only be effective toterminate the Agreement between the party requesting termination and the Sheriff, 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 accomplished by properly signing o separate signature paQe. the original of which shall be returned to, and maintained by. the Seminole County Sheriff's C)ffice, 100 Es|in0erVVay. Sanford, Seminole County Florida 32773 Upon full execution a copy shall be provided to the Florida Department of Law Enforcement Mutual Aid Coordinator, P.O. Box 148Q. Tallahassee, Florida 323O2-148Qand tothe Clerk ufthe Court, Seminole County, bythe Sheriff. SECTION XVI CANCELLATION Under nocircumstances may this Agreement berenewed orextended, except inwriting. Any party may withdraw from this Agreement upon sixty (60) days written notice to all other parties SUbscribed below. Withdrawal by a party will only beeffective toeffect awithdrawal by that party, and will riot cause this Agreement tobeterminated. SECTION XVII AUTHORITY TO SIGN AND NOTICES Pursuant to F.S. 23.1225(3). this Agreement may be entered into by e chief executive officer of the agency who is authorized to contractually bind the agnncy, By signing below, an indication of such authorization is being made. Any signatory may attach to this signature page any further evidence of authorization to remain on file at the Seminole County Sheriff's Office along with this signature page. All notices must be sent tothe officers listed below. IN WITNESS WHEREOF, TIME PARTIES HERETO CAUSE TH SF PRESENTS TO BE SIGNED ON TF DATE IF1ED: hief D n Snnutz Date Al�st,rr e Springs Police department YK � iPolice Departmenf Date thef Laraa y nt C,asselberr�y City of Longwood, a Florid ,Kunicipap co portion for its.1"' gwood Police Department a„ Matt M__.�ora�n o t" C e � y � rk_.�._... _..._ Date C gwDavid Dow Date L ood Police Department Chief Mike Biles � � f � � n. Date Lake Mary Police Department Chief ale C Zeman _ ,"Date Oviedo Police D pa hn'Ot he it Smith Date Sanford olice Department Sheriff Dennis Lemma ate Seminole County Sheri w ,. flce 130 _ ........... Shawn _.._.... _.....—_,._...._._..._.... Boyle, anagen Date Winter Sprir}g's P ice Department r 9