HomeMy WebLinkAboutMutual Aid Agreement - Seminole County In-Progress Crime Unit - 2019 08 02 Seminole C ty In-Progress Crime
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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,
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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
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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.
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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.
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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
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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
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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.
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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
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