HomeMy WebLinkAboutSeminole County Sheriff's Office MOU regarding Assignment of Crime Analyst to the Seminole County Crime Analyst Task Force 2022-2026 2023 01 30 MEMORANDUM OF UNDERSTANDING BETWEEN THE SEMINOLE COUNTY
SHERIFF'S OFFICE AND THE=OF Wr4TER SPRINGS REGARDING
ASSIGNMENT OF CRIME ANALYST(S)TO THE SEMINOLE COUNTY CRIME
ANALYST TASK FORCE 2022-2026
WHEREAS, it is the intent of this Agreement to provide for the inter-agency sharing and
collaboration of crime analysts employed with the City of Winter Springs and the Seminole County
Sheriffs Office;
WHEREAS, this Agreement is necessary because of continuing law enforcement problems that
affect both unincorporated Seminole County and the municipalities within Seminole County. and
will serve to ensure that law enforcement officers are adequately prepared to protect the public
peace and safety, and to preserve the lives and property of the people of Seminole County; and
WHEREAS, the Seminole County Sheriffs Office and the City of Winter Springs("Participating
Agency") each employ one or more crime analysts who provide assistance to their respective
agencies. The parties guarantee that the crime analysts employed by their respective agencies are
all in possession of the appropriate certifications and trainings related to the competent
performance of their duties; and
WHEREAS,due to the constant need for the assistance of crime analysts,the Participating Agency
and the Sheriff believe the provision of law enforcement services will be enhanced by an analyst
from the Participating Agency being assigned to the Crime Analyst Unit within the Seminole
County Sheriff's Office; and
WHEREAS, the Seminole County Sheriff's Office and the Participating Agency wish to
memorialize their understanding of the obligations and responsibilities of the parties relative
to the assignment of a Participating Agency Crime Analyst to work with the Seminole County
Sheriff's Office as set forth herein under the Guidelines of this Agreement; and
NOW, THEREFORE, for good and valuable consideration,the receipt and sufficiency
of which are hereby acknowledged, the parties agree as follows:
Memorandum of Understanding
Seminole County Sheriffs Office and Winter Springs Police Department
Page 1 of 6
SECTION I EFFECTIVE DATE
This Agreement shall take effect on December 5,2022, ("Effective Date")the date of execution
of the parties notwithstanding,and shall remain in effect until January 20,2026,unless terminated
prior thereto by any party to this Agreement.
SECTION H GUIDELINES
1. A Crime Analyst Task Force (`"Task Force') is hereby created among the Participating
Agencies. Additional agencies may become a part of the Task Force by executing an Agreement
binding the agency to the terms of participation set forth herein.The Sheriff shall provide written
notice to the existing participants of the proposed addition of any other participant. The Sheriff of
the Seminole County Sheriffs Office,the Chief of Police of the Winter Springs Police Department
and the Chief of Police of any other participating members of the Task Force must consent to the
addition of new Participating Agencies.
2. The Crime Analyst Task Force shall work under the authority of the Sheriff of Seminole
County,Florida,through his or her appointed Captain/Commander.
3. The Crime Analyst Task Force will provide analytical support for Seminole County
agencies, including municipalities within Seminole County. The Task Force will provide
analytical and investigative support involving the development,organization,and dissemination
of information related to crime patterns and trends to be used by operational and investigative units.
ft will also be the Task Force's responsibility to gather intelligence related criminal activity within
Seminole County.
4. The Sheriff of Seminole County shall provide office space, computers, access to
information and databases available to Seminole County Sheriffs Office Crime Analysts, and
related equipment including analytical software, necessary to complete established goals.
Participating Agencies will also have access to telephones,a facsimile machine,and computerized
investigative databases located in work areas or otherwise available or accessible from the Sheriffs
Office network.
Memorandum of Understanding
Seminole County Sheriffs Office and Winter Springs Police Department
Page 2 of 6
5. Participating Agency members will be able to access Florida Crime Information Center
("FCIC") and National Crime Information Center ("NCIC") files via their own agency's
Originating Agency Identification ("ORI") and user agreements with the Florida Department of
Law Enforcement ("FDLE"), concerning FCIC/NCIC security and usage. The Participating
Agency is responsible for fingerprinting and ensuring that the assigned analyst has received all
required FCIC/NCIC training. The agency represents that its assigned crime analyst is duly
qualified to serve in this capacity and has received all required FCIC/NCIC training.
6. The Seminole County Sheriffs Office will provide all necessary crime analyst training,
separate from the basic FCIC/NCIC training. Any Participating Agency's analyst's unauthorized
or improper access to FCIC/NCIC or Criminal Justice Information Control("CJIC")information
via the Sheriffs Office computer, or unauthorized or improper dissemination or use of such
information, shall be considered a violation of the User Agreement between FDLE,the Seminole
County Sheriffs Office,and the Agency with whom the requesting member is employed.
7. Participating Agencies shall provide at least one (1)analyst to the Task Force who shall
commit to being a member of the Task Force for a period of at least two(2)years. In the event the
member agency intends to withdraw their assigned analyst, that agency shall give a minimum of
sixty(60)days'notice prior to recalling the analyst.
8. All Participating Agency assigned crime analysts are responsible for acknowledging and
following all Seminole County Sheriffs Office policies and procedures regarding Sheriffs Office
Computer Usage restrictions and all Sheriffs Office General Orders. The Seminole County
Sheriffs Office designated Captain/Commander will also make the participating member's crime
analyst aware of any other Sheriff's Office policies and procedures pertinent to the Crime
Analysis Unit. The Seminole County Sheriff's Office designated Captain/Commander will be
responsible for making sure that analysts are made aware of any modifications to said policies and
procedures.
9. In the event of a complaint regarding a Participating Agency's employee,the complaint will
be forwarded to the Participating Agency's Chief of Police or his/her designee to be handled pursuant
to the policy and procedures of the Participating Agency.The results of any investigation or informal
Memorandum of Understanding
Seminole County Sheriff's Office and Winter Springs Police Department
Page 3 of 6
review will be shared with the Sheriff as he or she retains the right to remove any member agency's
assigned crime analyst from participation in the Crime Analysis Unit.
10. Annually, the Sheriff and the Chief of Police shall review the Task Force and consider
whether any adjustment to this Agreement is necessary. The Sheriff and Chief may agree upon
equitable adjustments to the Agreement in order to ensure fairness to both parties. Any
adjustments made to the Agreement are effective only if memorialized in writing and signed by
both parties.
11. This Agreement is entered into and for the benefit of the parties to this Agreement only
and shall confer no benefits,direct or implied,upon any third persons.
SECTION III COMPENSATION
Each Participating Agency shall be responsible for the compensation, including the payment of
wages and the provision of benefits, of personnel furnished to the Crime Analysis Unit. The
Participating Agency shall be responsible for compensating its personnel even when those
personnel are working for the Crime Analysis Unit and shall be responsible for all damages for
workers compensation or personal injury in the event its employee is injured during his/her
assignment to the Unit, as if the employee was providing law enforcement services for and within
in his/her own employee's agency. The crime analyst shall receive no compensation from the
Seminole County Sheriff for their participation in the Task Force.
SECTION IV LIABILITY
The privileges and immunities from liability, exemption from laws, ordinance, rules, and all
pension,insurance,relief, disability, workers compensation, salary, death, and other benefits that
apply to the activity of an employee of a Participating Agency when performing the employee's
duties for and at the location of the employee's Agency apply to the employee to the same degree,
manner,and extent while engaged in the performance of the employee's duties under the provisions
of this Agreement.
Memorandum of Understanding
Seminole County SheritPs Office and Winter Springs Police Department
Page 4 of 6
SECTION V SEVERABILITY
If any section or portion of this Agreement proves to be invalid, unlawful,or unconstitutional, it
shall not be held to invalidate or impair the validity,force,or effect of any other section or part of
this Agreement.
SECTION VI CANCELLATION
Any party may withdraw its participation in this Agreement by providing written notice of such
withdrawal no fewer than fifteen (15) days prior to the withdrawal to the other parties to this
Agreement. However, withdraw from this Agreement shall be effective only as to that party, and
this Agreement shall remain in full force and effect as to those remaining parties hereto.
The waiver by either party of any failure on the part of the other party to perform in accordance
with any of the terms or conditions of this Agreement shall not be construed as a waiver of any
future continuing similar or dissimilar failure.
SECTION VII ENTIRE AGREEMENT
This Agreement represents the entire Agreement between the parties pertaining to the subject
matter hereof,and there are no warranties,representations,or other agreements between the parties
in connection with the subject matter hereof,except as specifically set forth herein.
SECTION VIII. DISPUTE RESOLUTION
This Agreement shall be governed and construed in accordance with the laws of the state of
Florida. If the parties are unable to settle any dispute, difference, or claim arising from this
Agreement,the venue for any legal action is Seminole County,Florida, for state court actions and
Orlando, Florida, for federal court actions. The parties may agree in writing to engage in an
alternative dispute resolution process.
In the event of any legal action arising under this Agreement, the parties agree to incur their own
attomey's fees, court costs, and expenses, through all appellate proceedings, including fees and
costs incurred in litigating entitlement to attorneys' fees and costs, as well as in determining or
quantifying the amount of recoverable attorneys' fees and costs.
Memorandum of Understanding
Seminole County Sheriffs Office and Winter Springs Police Department
Page 5 of 6
IN WITNESS WHEREOF THE PARTIES CAUSE THIS AGREEMENT TO BE SIGNED
ON THE DATE INDICATED:
SEMIN COUNTY SHERIFF'S O
Dennis M. Lemma, Date
Sheriff of Seminole County
FOR USE AND RELIANCE ONLY BY
THE SHERIFF OF SEMINOLE COUNTY,FLORIDA
APPROVES AS TO FORM AND LEGALITY THIS
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Copy to Member Agencies
Memorandum of Understanding
Seminole County Sheriff's Office and Winter Springs Police Department
Page 6 of 6