HomeMy WebLinkAboutMutual Aid Agreement - Seminole County In-Progress Crime Unit - 2021 03 02 Seminole County In-Progress Crime Unit
MUTUAL AID AGREEMENT& GUIDELINES
2021-2024
City of Altamonte Springs Police Department
City of Casselberry Police Department
City of Lake Mary Police Department
City of Longwood Police Department
City of Oviedo Police Department
City of Sanford Police Department
City of Winter Springs Police Department
WHEREAS, in accordance with Sections 163.01 (2) and 163.01 (14), Florida Statutes, and.
other controlling law, governmental agencies are authorized to enter into inter-local agreements;and
WHEREAS, pursuant to Section 23.1225(1)(a), Florida Statutes two or more law enforcement
agencies may enter into a voluntary cooperation written agreement which permits voluntary cooperation
and assistance of a routine law enforcement nature across jurisdictional lines; and
WHEREAS, 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 lines, 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 law, 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 Department, the
Sanford Police Department, the Winter Springs Police Department, and the Seminole County Sheriffs.
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 burglaries, vehicle burglaries,
robberies, auto theft, organized retail theft, violent crime, or other crime trends that impact the quality
of life in Seminole County.
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NOW,THEREFORE,THE PARTIES AGREE AS FOLLOWS:
SECTION I PURPOSEIMISSION:
The purpose of the IPCU is the suppression of crimes that affect our community such as commercial'
and residential burglaries, vehicle burglaries, robberies, auto theft, organized retail theft,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 policing, community policing, problem-oriented policing, and
predictive policing. To this end, the IPCU will be supported by the Sheriffs Crime Analysis Unit to
provide intelligence and analytical products in real-time in support of the IPCU's strategic objectives
These activities will cross municipal jurisdictional lines as well as beyond the County of Seminole. It is
the belief of the participating agencies that mutual support, collaborative planning and commitment of
combined resources will benefit the citizens of each municipality and all citizens of Seminole County.
SECTION II MEMBER AGENCIES:
The following Seminole County Law Enforcement Agencies are participating members of the In-
Progress Crime Unit(IPCU):
Seminole County Sheriffs Office(sometimes herein referred to as"Sheriff')
Altamonte 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 Agreement, each of the undersigned law enforcement agencies approves,
authorizes and enters into this Agreement as members of Seminole County IPCU for the provision of
personnel, law 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 IPCU desire to set forth policy and procedures
pertaining to the management of, leadership, training, the payments of salary and benefits, and
provisions for clothing and equipment issued to personnel assigned to the Seminole County IPCU as
set forth in this Agreement.
SECTION III JURISDICTION:
When engaged in IPCU investigations and operations that have been approved by the IPCU
Commander, as contemplated by this Agreement, IPCU 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 IPCU commander or his/her
designee or as 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 of this agreement.
Pursuant to Section 23.127(1), Florida Statutes, employees of agencies that are parties to this
Agreement participating in IPCU, 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 law enforcement jurisdictional area of their
respective home agency.
Additionally, persons selected as IPCU members shall be sworn as Deputy Sheriffs having the law
enforcement authority of a sworn Seminole County Deputy Sheriff when performing duties as a member
of the Seminole County IPCU, but without remuneration. Law enforcement officers from the
undersigned law enforcement agencies who are selected for participation, shall, by virtue of this
Agreement, have the authority to take law enforcement action, including but not limited to: participation
in criminal investigations,tactical operations and arrests relating to or arising from a IPCU operation or
investigation occurring anywhere within the jurisdiction of Seminole County and the municipalities.
therein as well as extraterritorial responses pursuant to a Mutual Aid Agreement.
Each parry hereto, agrees that all members assigned to the IPCU will operate under the supervision of
the IPCU Commander or his/her designee. IPCU members shall for all other purposes remain agents
and employees of their 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 a general reciprocal, continuing
request for and granting of assistance between the members of this Agreement that shall be considered
authorized in accordance with this agreement. No additional formal request for assistance is required.
The formation of the IPCU constitutes an ongoing request by each of the participating agencies to have
the deputy sheriffs and police officers who may be assigned to the IPCU, or who provide assistance
pursuant to a separate Mutual Aid agreement, assist them in their jurisdictions by taking law
enforcement actions relating to the investigation of violations of Florida Statutes as directed by the IPCU
Commander, and the detection,apprehension, and arrest of law violators in their jurisdiction.The IPCU
Commander shall ensure that the Police Chief or designee of the law enforcement agency(ex: on-duty
watch commander) for the jurisdiction, in which a particular IPCU operation is being conducted is
notified in advance of the operation. No deputy sheriff or police officer assigned to the IPCU shall
operate under this agreement outside his or her jurisdiction without the prior approval of the IPCU.
Commander or his/her designee. All IPCU members are bound by and shall comply with operational
Seminole County Sheriffs Office(SCSO)Written Directives(General Orders and Enforcement Policies
and Procedures) and orders, which govern their duties, activities, and conduct while performing as a
deputy sheriff.
SECTION V SELECTION &GENERAL GUIDELINES:
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
IPCU. The Sheriff will provide one Deputy Sheriff Lieutenant (IPCU Commander), one Deputy Sheriff
Sergeant and three deputy sheriffs as full-time members of the IPCU. Each participating agency may
provide at least one sworn law enforcement officer in a fulltime or part-time capacity to serve in the
IPCU. In the event it is necessary to withdraw their assigned member(s), it is recommended that a
minimum of sixty(60)days' notice be given to the IPCU Commander prior to recalling the member.
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All potential IPCU members may be selected by their respective Chief of Police or interviewed by the
Commander of the IPCU 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 IPCU member assigned from a municipal agency shall be appointed as a Deputy Sheriff of
Seminole County for the duration of their IPCU assignment for the sole purpose of carrying out their
duties under this Agreement, and without remuneration.
SECTION VI COMMAND RESPONSIBILITIES:
The IPCU shall work under the authority of the Sheriff of Seminole County, Florida, through his
appointed Commander.
The Commander of the IPCU shall meet monthly with Executive Board members and outline the
monthly activities of IPCU and the involvement of agency representative(s). The Commander shall
provide a summary report of this activity to include significant and/or long term investigations,
operations, arrests, enforcement activity, search warrants, seizures, status of previously seized
property and other information which may be requested by IPCU members..
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 IPCU shall be funded by the Sheriff of Seminole County, who shall provide the administrative
support and overhead, office space, and related equipment necessary to complete the goals of the
IPCU.
If available, Member Agencies may evaluate the utilization of Edward Byrne Memorial Justice*
Assistance Grant(JAG) Program funding to support the IPCU in its mission.
The Sheriff shall fund the costs for special clothing and equipment used by IPCU. Clothing and
equipment issued to individual members assigned to IPCU by the Sheriffs Office shall remain the
property of the Seminole County Sheriffs Office unless the Sheriff or his designee approves a transfer
such equipment and/or clothing 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 Commander when 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 shall be responsible for costs of any specialized training to include training course costs
and costs associated with attendance such as,travel, lodging and meals. A member's failure to attend
any required IPCU training as required by this agreement or any other training required by the IPCU
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
IPCU Member and his/her agency.
Each participating agency which furnishes equipment pursuant to this Agreement must bear the cost of
loss or damage to that equipment and must pay any expenses incurred in the operation and
maintenance of that equipment.
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SECTION VIII SEMINOLE COUNTY SHERIFF'S OFFICE POLICIES:
Participating agencies' IPCU Members shall sign a receipt for the issuance of, the review of and
required adherence to any and all Sheriffs Office Policies, General Orders and Standard Operating
Procedures and any other written materials which may be required by this Agreement or the IPCU
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 to the IPCU
Members and to ensure that all members have accepted and reviewed them.
The IPCU Commander shall be responsible for maintaining documentation of all applicable policies
requiring review and adherence by the member and documenting the member's receipt.
Participating agencies'IPCU members are responsible for ALL Sheriffs 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 be enacted.
Participating agencies'IPCU Members will have access to SCSO computers with access to FCIC/NCIC,
DHSMV, Cafe data and other investigative tools. Participating agencies' IPCU Members are
responsible for complying with all terms and requirements of applicable SCSO User Agreements with
other agencies such as the Florida Department of Law Enforcement (FDLE), the Department of
Highway Safety and Motor Vehicles (DHSMV)and complying with all SCSO security training, policies
and user agreements.
SECTION IX LIABILITY:
The Sheriff agrees to assume the liability to third parties for the acts, omissions, or conduct of member
agents while an IPCU 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 a waiver of sovereign immunity or of any other privilege, immunity or defense afforded
by law to the parties and the Sheriff and his officers, officials, employees and agents.
SECTION X POWERS, PRIVILEGES, IMMUNITIES AND COSTS:
An employee of a participating law enforcement agency,when actually engaging in mutual cooperation
and assistance as a member of the IPCU outside the jurisdictional limits of the member's agency
jurisdictional limits, shall pursuant to Section 23.127(1) Florida Statutes have the same powers, rights,
duties, 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 time), retirement/pension, insurance, disability, worker's
compensation benefits and any other employment benefits for the respective agency's members
participating in the Seminole County IPCU. Such compensation shall include time spent by the member
for training purposes.
Each member Agency shall be -responsible for damages, expenses and costs for worker's
compensation or personal injury in the event it's assigned personnel is injured during an IPCU
investigation or operation, 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 laws, ordinances
and rules and application of all pension, insurance, relief, disability, worker's compensation, salary
(including overtime compensation or compensatory time), death and other benefits that apply to the
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 in full force and effect, its own comprehensive general
liability insurance, professional liability insurance, and automotive liability insurance, or maintain a self-
insuring fund, which, in the judgment of the governing body of that party/agency, is at least adequate
to cover the risk to which that party may be exposed for the term of this Agreement. In no event shall
such coverage be less than the statutory waiver of sovereign immunity. Should the aforementioned
insurance coverage, however provided, be cancelled or undergo 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 or constructive notice or actual knowledge of such change.
SECTION XII DISPUTE RESOLUTION:
The Commander or Sergeant of the IPCU will handle any minor disciplinary problems that can be
resolved informally. In the event a problem is of a substantive nature, and requires an internal
investigation or similar formality, the Commander of IPCU will notify the SCSO Chief of Law
Enforcement, who will notify the Agency Head of the member involved and the Sheriff. The member's
Agency Head,or designee, will determine the course of action.
Other operational problems and disputes will be initially addressed and resolved by the IPCU
Commander or Sergeant with personnel assigned to the team. If problems or disputes arise which
cannot be resolved to the mutual satisfaction of the personnel, they shall be presented to the Sheriffs
Office Captain of Seminole Neighborhood Policing for resolution. However, it is agreed that the
resolution of operational problems will be addressed and resolved at the lowest level possible in the
best interests of the IPCU.
SECTION XIII 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 IPCU that may be subject to
forfeiture:
1. All seizures of monies, vehicles, aircraft, boats, real and other personal properties by the IPCU
will be proceeded against, if possible, in forfeiture. Proceedings will be handled by the attorney
supporting the IPCU 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 settlement, shall be sold. If, however, any item of forfeited property
is sought to be kept for use by IPCU 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 be reimbursed,to the extent that monies and proceeds are available,to include
the following: reimbursement for the costs incurred in the towing,off-site storage, maintenance
and security of the property; court costs and related costs incurred in the filing of the forfeiture
proceeding and maintenance of the suit through the trial court resolution of the matter and
attorney's fees paid to retained counsel, if other than Sheriffs Counsel or a Prosecuting
Authority handles the forfeiture.The Sheriff shall be responsible for the payment of all Appellate
costs on a 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 $2,500. 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 in its custody during the pendency of a forfeiture action. Both currency received by way
of a forfeiture, whether by settlement or final judgement, and the proceeds from the sale of
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forfeited property,will be divided equally amongst the Member Agencies with Member Agents
assigned to the IPCU. However, in the event the Member Agencies are successful in securing
funding from the Edward Byrne Memorial Justice Assistance Grant (JAG) Program, pursuant
to DOJ Grant requirements, and within the period of funding allocation, 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 Sheriffs Office shall govern
forfeitures instituted by the IPCU.
4. It is hereby agreed, for the purpose of this Agreement only, that the attorney supporting the
IPCU is 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, monies, real 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 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, monies, real or personal property.
SECTION XIV MISCELLANEOUS:
All press releases pertaining to IPCU operations will be coordinated through the Seminole County
Sheriffs Office PIO and the IPCU-Commander. No unilateral press releases will be made by any
member agency without the prior approval of the Seminole County Sheriffs Office PIO and the IPCU
Commander. In all situations, investigative reports, news coverage, and so forth will be attributed to
Seminole County IPCU.
Criminal cases, which present violations of Florida Law occurring in a single judicial circuit, 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 of the State Attorney
will be notified of cases referred to the Office of Statewide Prosecution. Criminal cases,which present
violations of Federal Law, shall be presented to the Office of the United States Attorney. Cases which
present violations of both federal and state law, shall be presented to either the Office of the State
Attorney or the Office of Statewide Prosecution and the Office of the United States Attorney for their
determination of the 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 officials, and
shall continue in full force and effect until January 31,2024 unless terminated prior thereto by any or all.
the parties herein. Termination by a party will only be effective to terminate 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 a separate signature page, the original of which shall be returned to, and maintained by, the
Seminole County Sheriffs Office, 100 Eslinger Way, 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 1489, Tallahassee, Florida 32302-1489 and to the Clerk of the Court, Seminole
County, by the Sheriff.
SECTION XVI CANCELLATION
Under no circumstances may this Agreement be renewed or extended,except in writing.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 be effective to effect a withdrawal by that party, and will not cause this
Agreement to be terminated.
SECTION XVII AUTHORITY TO SIGN AND NOTICES
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 to remain on file at the Seminole County Sheriffs Office along with this signature page.
All notices must be sent to the officers listed below.
(This Section Intentionally Left Blank)
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IN WITNESS WHEREOF, THE PARTIES HERETO CAUSE THESE PRESENTS TO BE SIGNED
ON TH DATE S CIFell
TE�i.
Chl'of"Z an utz Date
Altamon e prings Police Department
oalo g Za oa Z'
G i f LarryUrrit Date
Casselberrylice Department
City of Longwood, a Florida municipal corporation for its Longwood Police Department
XXXXXXX Not Needed Per Chief Dowda XXXXXXXXXXXXXXXXXXXXXXXXXXX
s
Richard Drumr nd, Mayor Michelle Longo, City Clerk Date
Ch' avid Dow a gfate
Lo wood Police Department
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Chief Mike biles ° Date
Lake Mary Police Department
Chief Dale Coleman Date
Oviedo Police ep m
Chi6f Cecil i Date
Sanfor ohce, epartment
cm
SheriSeminfoleennis LemaCouty Sh Date
riff s,Offi M "
Office
Shawn Boyle, ity Ma, w ._
n'
er Date
Winter Springs Poli to artment
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