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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 — DAY fl!Ca Kq 2D A WitnessXA �Y• CITY Ov S: 'Shawn B Date 14�'9 -:2z--, Witness Copy to Member Agencies Memorandum of Understanding Seminole County Sheriff's Office and Winter Springs Police Department Page 6 of 6