HomeMy WebLinkAbout2010 03 22 Consent 201 Adopting Resolution 2010-09 Ratifying Various Local Law Enforcement Agreements COMMISSION AGENDA
Informational
ITEM 201 Consent - X
Public Hearings
Regular
March 22, 2010
Regular Meeting Mgr. / Dept.
Authorization
REQUEST:
The Police Department is requesting the City Commission adopt Resolution 2010 -09 ratifying
various local law enforcement agreements previously executed and currently in effect.
SYNOPSIS:
The Police Chief recently initiated a review of the Police Department's contracting procedures
and as part of the review, the City Manager, City Attorney and Police Chief evaluated various
Police Department contracts with other local and state law enforcement agencies. The City
Attorney recommended that certain existing agreements be approved by the City Commission
rather than internally approved. The proposed Resolution will ratify existing agreements
currently in effect.
CONSIDERATIONS:
Because crime does not stop at the City's jurisdictional boundaries, proactively addressing crime
issues and trends in Winter Springs and Seminole County is a priority for the Police Department.
Prevention, intervention and suppression all play a part in seeking both short and long term
solutions. It is important that local law enforcement agencies continue to be innovative in
effectively utilizing personnel. By entering into partnerships with other local law enforcement
agencies through the various interlocal agreements subject to the proposed Resolution, the City
will have an opportunity to utilize and identify community based policing strategies.
Additionally, the voluntary cooperation / mutual aid agreements subject to the proposed
Resolution, which are authorized by section 23.1225, Florida Statutes, are required to be entered
into by a law enforcement agency through a written agreement executed by the chief executive
CITY OF WINTER SPRINGS, FLORIDA
CITY COMMISSION
MEETING —March 22, 2010
CONSENT AGENDA ITEM "201"
PAGE 2 OF 7
officer of the agency authorized to contractually bind the City. In most cases, this will be the
Mayor on behalf of the City Commission, or the City Manager. Ratification of the agreements
listed below, through the adoption of Resolution 2010 -09, will provide formal approval for each
of the agreements in accordance with Florida law.
If adopted, the following agreements will be ratified under Resolution 2010 -09:
A. Inter -Local Voluntary Cooperation Operational Assistance Agreement / Seminole
County Multi Agency Gang Task Force (MAGTF) (September 30, 2008);
B. Reaccreditation Agreement (November 2008);
C. Voluntary Cooperation Agreement Establishing a City /County /State Traffic
Enforcement Unit (January 2009);
D. Inter -Local Voluntary Cooperation Operational Assistance Mutual Aid Agreement
(January 2009);
E. Inter -Local Voluntary Cooperation Operational Assistance Agreement for The
City /County Canine (K -9) Unit (January 2009);
F. Voluntary Cooperation Mutual Aid Agreement Among the Participating Agencies
and the Florida Department of Law Enforcement to Form a Child Abuction (sic)
Response Team (June 2009);
G. Memorandum of Understanding with Florida Department of Law Enforcement
(for facilitating investigations of incidents) (July 2009);
H. Criminal Justice User Agreement with Florida Department of Law Enforcement
(August 2009);
I. State and Local HIDTA Task Force Agreement / "Central Florida HIDTA"
(October 2009);
J. Memorandum of Agreement Between Participating Seminole County, Federal and
State of Florida Law Enforcement Agencies and The Florida Department of
Corrections (October 2009).
FISCAL IMPACT:
No current general fund monies are required for the adoption of Resolution 2010 - 09.
COMMUNICATION EFFORTS:
None Required.
CITY OF WINTER SPRINGS, FLORIDA
CITY COMMISSION
MEETING —March 22, 2010
CONSENT AGENDA ITEM "201"
PAGE 3 OF 7
RECOMMENDATIONS:
Staff recommends/ the City Commission approve Resolution 2010 -09 ratifying the above - listed
agreements.
ATTACHMENTS:
A. Resolution 2010 -09
CITY OF WINTER SPRINGS, FLORIDA
CITY COMMISSION
MEETING —March 22, 2010
CONSENT AGENDA ITEM "201"
PAGE 4 OF 7
RESOLUTION NO. 2010-09
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF WINTER SPRINGS, SEMINOLE COUNTY,
FLORIDA, RATIFYING CERTAIN EXISTING VOLUNTARY
COOPERATION MUTUAL AID AND OTHER AGREEMENTS
WITH LOCAL AND STATE LAW ENFORCEMENT
AGENCIES; PROVIDING FOR THE REPEAL OF PRIOR
INCONSISTENT RESOLUTIONS, SEVERABILITY AND AN
EFFECTIVE DATE.
WHEREAS, the City is granted the authority, under § 2(b), Art. VIII of the State
Constitution, to exercise any power for municipal purposes, except when expressly prohibited by
law; and
WHEREAS, section 23.1225, Florida Statutes, requires that law enforcement voluntary
cooperation mutual aid agreements be entered into by the chief executive officer of the agency
authorized to contractually bind the agency; and
WHEREAS, during a recent evaluation of the City Police Department's various law
enforcement agreements with other local and state law enforcement agencies, it was determined that
ratification of certain existing agreements is required consistent with Florida law; and
WHEREAS, City Commission deems that this Resolution is in the best interests of the
public health, safety, and welfare of the citizens of Winter Springs.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE CITY COMMISSION OF
THE CITY OF WINTER SPRINGS, SEMINOLE COUNTY, FLORIDA, THAT:
Section 1. Incorporation of Recitals. The foregoing recitals are deemed true and
correct and are hereby fully incorporated herein by reference.
Section 2. Ratification of Agreements. The Winter Springs City Commission hereby
ratifies each of the following agreements, attached hereto as composite Exhibit "A," and fully
incorporated herein by this reference:
A. Inter -Local Voluntary Cooperation Operational Assistance Agreement / Seminole
County Multi Agency Gang Task Force (MAGTF) (September 30, 2008);
B. Reaccreditation Agreement (November 2008);
C. Voluntary Cooperation Agreement Establishing a City /County /State Traffic
City of Winter Springs
Resolution No. 2010 -09
Page 1 of 3
CITY OF WINTER SPRINGS, FLORIDA
CITY COMMISSION
MEETING —March 22, 2010
CONSENT AGENDA ITEM '201"
PAGE 5 OF 7
Enforcement Unit (January 2009);
D. Inter -Local Voluntary Cooperation Operational Assistance Mutual Aid Agreement
(January 2009);
E. Inter -Local Voluntary Cooperation Operational Assistance Agreement for The
City /County Canine (K -9) Unit (January 2009);
F. Voluntary Cooperation Mutual Aid Agreement Among the Participating Agencies
and the Florida Department of Law Enforcement to Form a Child Abuction (sic)
Response Team (June 2009);
G. Memorandum of Understanding with Florida Department of Law Enforcement (for
facilitating investigations of incidents) (July 2009);
H. Criminal Justice User Agreement with Florida Department of Law Enforcement
(August 2009);
I. State and Local HIDTA Task Force Agreement / "Central Florida HIDTA" (October
•
2009);
J. Memorandum of Agreement Between Participating Seminole County, Federal and
State of Florida Law Enforcement Agencies and The Florida Department of
Corrections (October 2009).
Section 3. Severabilitv. If any section, subsection, sentence, clause, phrase, word, or
portion of this Resolution is for any reason held invalid or unconstitutional by a court of competent
jurisdiction, whether for substantive or procedural reasons, such portion shall be deemed a separate,
distinct, and independent provision, and such holding shall not affect the validity of the remaining
portions of this Resolution.
Section 4. Repeal of Prior Inconsistent Resolutions. All prior resolutions or parts of
resolutions in conflict herewith are hereby repealed to the extent of the conflict.
Section 5. Effective Date. This Resolution shall become effective immediately upon
its adoption by the City Commission of the City of Winter Springs, Florida.
ADOPTED by the City Commission of the City of Winter Springs, Florida, in a regular
meeting assembled on this day of , 2010.
JOHN F. BUSH, Mayor
City of Winter Springs
Resolution No. 2010 -09
Page 2 of 3
CITY OF WINTER SPRINGS, FLORIDA
CITY COMMISSION
MEETING —March 22, 2010
CONSENT AGENDA ITEM "201"
PAGE 6 OF 7
ATTEST:
ANDREA LORENZO - LUACES, City Clerk
Approved as to legal form and sufficiency for
the City of Winter Springs only:
ANTHONY A. GARGANESE, City Attorney
1
City of Winter Springs
Resolution No. 2010 -09
Page 3 of 3
RESOLUTION NO. 2010-09
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF WINTER SPRINGS, SEMINOLE COUNTY,
FLORIDA, RATIFYING CERTAIN EXISTING VOLUNTARY
COOPERATION MUTUAL AID AND OTHER AGREEMENTS
WITH LOCAL AND STATE LAW ENFORCEMENT
AGENCIES; PROVIDING FOR THE REPEAL OF PRIOR
INCONSISTENT RESOLUTIONS, SEVERABILITY AND AN
EFFECTIVE DATE.
WHEREAS, the City is granted the authority, under § 2(b), Art. VIII of the State
Constitution, to exercise any power for municipal purposes, except when expressly prohibited by
law; and
WHEREAS, section 23.1225, Florida Statutes, requires that law enforcement voluntary
cooperation mutual aid agreements be entered into by the chief executive officer of the agency
authorized to contractually bind the agency; and
WHEREAS, during a recent evaluation of the City Police Department's various law
enforcement agreements with other local and state law enforcement agencies, it was determined that
ratification of certain existing agreements is required consistent with Florida law; and
WHEREAS, City Commission deems that this Resolution is in the best interests of the
public health, safety, and welfare of the citizens of Winter Springs.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE CITY COMMISSION OF
THE CITY OF WINTER SPRINGS, SEMINOLE COUNTY, FLORIDA, THAT:
Section 1. Incorporation of Recitals. The foregoing recitals are deemed true and
correct and are hereby fully incorporated herein by reference.
Section 2. Ratification of Agreements. The Winter Springs City Commission hereby
ratifies each of the following agreements, attached hereto as composite Exhibit "A," and fully
incorporated herein by this reference:
A. Inter -Local Voluntary Cooperation Operational Assistance Agreement / Seminole
County Multi Agency Gang Task Force (MAGTF) (September 30, 2008);
B. Reaccreditation Agreement (November 2008);
C. Voluntary Cooperation Agreement Establishing a City /County /State Traffic
City of Winter Springs
Resolution No. 2010 -09
Page 1 of 3
Enforcement Unit (January 2009);
D. Inter -Local Voluntary Cooperation Operational Assistance Mutual Aid Agreement
(January 2009);
E. Inter -Local Voluntary Cooperation Operational Assistance Agreement for The
City /County Canine (K -9) Unit (January 2009);
F. Voluntary Cooperation Mutual Aid Agreement Among the Participating Agencies
and the Florida Department of Law Enforcement to Form a Child Abuction (sic)
Response Team (June 2009);
G. Memorandum of Understanding with Florida Department of Law Enforcement (for
facilitating investigations of incidents) (July 2009);
H. Criminal Justice User Agreement with Florida Department of Law Enforcement
(August 2009);
I. State and Local HIDTA Task Force Agreement / "Central Florida HIDTA" (October
2009); •
J. Memorandum of Agreement Between Participating Seminole County, Federal and
State of Florida Law Enforcement Agencies and The Florida Department of
Corrections (October 2009).
Section 3. Severabilitv. If any section, subsection, sentence, clause, phrase, word, or
portion of this Resolution is for any reason held invalid or unconstitutional by a court of competent
jurisdiction, whether for substantive or procedural reasons, such portion shall be deemed a separate,
distinct, and independent provision, and such holding shall not affect the validity of the remaining
portions of this Resolution.
Section 4. Repeal of Prior Inconsistent Resolutions. All prior resolutions or parts of
resolutions in conflict herewith are hereby repealed to the extent of the conflict.
Section 5. Effective Date. This Resolution shall become effective immediately upon
its adoption by the City Commission of the City of Winter Springs, Florida.
ADOPTED by the City Commission of the City of Winter Springs, Florida, in a regular
meeting assembled on this day of , 2010.
JOHN F. BUSH, Mayor
City of Winter Springs
Resolution No. 2010 -09
Pale 2 of 3
ATTEST:
ANDREA LORENZO - LUACES, City Clerk
Approved as to legal form and sufficiency for
the City of Winter Springs only:
ANTHONY A. GARGANESE, City Attorney
•
1
City of Winter Springs
Resolution No. 2010 -09
Page 3 of 3
EXHIBIT
• s
INTER-LOCAL VOLUNTARY COOPERATION
OPERATIONAL ASSISTANCE
SEMINOLE COUNTY MULTI AGENCY GANG TASK FORCE ( MAGTF)
THIS AGREEMENT is entered into pursuant to Chapter 23, Florida Statutes, under the
Florida Mutual Aid Act, by and between the SHERIFF OF SEMINOLE COUNTY, FLORIDA,
ALTAMONTE SPRINGS POLICE DEPARTMENT, CASSELBERRY POLICE
DEPARTMENT, THE LAKE MARY POLICE DEPARTMENT, LONGWOOD POLICE
DEPARTMENT, OVIEDO POLICE DEPARTMENT, SANFORD POLICE DEPARTMENT,
WINTER SPRINGS POLICE DEPARTMENT, and SANFORD AIRPORT POLICE
DEPARTMENT.
WITNESSED:
RECOGNIZING there is a gang problem in Central Florida and its negative effects on
the communities where gangs thrive, it is the intent of Seminole County law enforcement to take
a proactive approach and prevent the infiltration of gangs into our communities and to improve
the criminal street gang activity. Each of the parties to this agreement recognizes the need for
the establishment and operation of a Multi- Agency Gang Task Force (MAGTF) in Seminole
County.
WHEREAS, incidents involving gang members may occur throughout Seminole County
without regard to jurisdictional boundaries; and
WHEREAS, an intelligence -led, data - driven multi jurisdictional task force will greatly
enhance law enforcement investigation, apprehension, and ultimately successful prosecution of
offenders related to gangs as a criminal enterprise;
NOW, THEREFORE, the parties hereto enter into this Multi Agency Gang Task Force
Agreement as follows:
NOW, THEREFORE, the parties agree as follows:
1. Name: The parties will participate in a common investigative effort which shall be
known as the Multi Agency Gang Task Force, hereinafter referred to as MAGTF.
Seminole County Multi Agency Gang Task Force MAGTF Page 1 of 4
September 30, 2008 - January 1, 2013
2. Purpose: The purpose of the MAGTF is to provide a mechanism for Seminole
County Law Enforcement Agencies to share investigative information, and develop collaborate
enforcement efforts towards targeted gang crime and/or violence occurring in Seminole County.
By coordinating physical resources, manpower, and criminal intelligence, the efficiency and
effectiveness of these investigations and ultimate prosecution of gang- related offenders will be
increased.
3. Scope,: The scope of this intelligence -led, data -driven investigative effort shall be
limited to law enforcement agencies sharing of information, surveillance, and probation
compliance of targeted gang members in Seminole County.
4. Organizational Structure: The Governing Board of the MAGTF will be
composed of law enforcement representatives from within Seminole County and its partners
within this agreement. Each of the parties to this agreement shall designate in writing the name
of a representative for the Governing Board. The Sheriff of Seminole County shall serve as the -
Chairperson of the Governing Board. Captain Scott Ballou will serve as the Director of the
MAGTF. The Intensive Community supervision Unit Sergeant will serve as project Director
and coordinate an outlined strategy to ensure successful and timely completion of short and long
term goals. The Project Director will coordinate all compliance and enforcement initiatives with
the participating agencies and report to the Governing Board.
5. Duties of the Governing Board: The Board shall meet at minimum quarterly, to
disseminate information and review policy, objectives, and strategies.
6. Resources: Each party agrees to furnish necessary equipment and resources to
render services to the MAGTF. No party shall be required to deplete unreasonably its own
equipment, resources, facilities and services in furnishing such services.
7. Use of Anti -Gang Initiative Grant Funds/Financial Records: any and all grant
funds used by the MAGTF shall be utilized in strict compliance with guidelines for such use as
set forth by the Grant Section. All agencies requesting reimbursement under a Sheriff's Office
grant shall be required to provide a roster containing names, rates of pay and the estimated
number of hours the personnel will be used in the MAGTF operation. A Project Director must
verify that adequate funds exist under the grant and pre - approve the expenditure of the funds
prior to the personnel being used in the operation. Agencies neglecting to get the expenditure
pre - approved will not be eligible for reimbursement. After the Operation is complete, the
agencies seeking reimbursement are to provide a completed invoice detailing the names of the
personnel used, the rates of pay and the actual number of hours the personnel participated in the
Seminole County Multi Agency Gang Task Force MAGTF Page 2 of 4
September 30, 2008 - January 1, 2013
operation to the Grant section for payment. The invoice form will be given to the agency's
representative. All funds shall be maintained and accounted for by the Grants section of the
Sheriff's Office. The SCSO Project Directors will provide reports quarterly to all parties.
8. Duration: This agreement shall remain in full force and effect until
January 1, 2013.
9. Voluntary Cooperation Agreement: The goal of the MAGTF is to render law
enforcement assistance with a multi jurisdictional response within Seminole County, to address
criminal and social behavior related to youth gangs and criminal street gang activities. These
offenses include, but are not limited to, graffiti, criminal mischief loitering and prowling, drug
sales and purchase, and various property crimes, as well as the disorder that comes from those
criminal associations. The Seminole County Sheriff s Office, under the provisions of the
Seminole County Inter -Local Voluntary Cooperation Mutual Aid Agreement that establishes a
Voluntary Cooperation Agreement forming the Multi- Agency Gang Task Force, is requesting
the assistance of all law enforcement agencies in the MAGTF to provide manpower to conduct
gang activity abatement operations on an as- needed basis. As provided by this agreement
municipal officers participating in these operations will have countywide law enforcement
authority for the duration of this operation and will be governed by the Seminole County
Sheriff's Office Written Directives.
10. MAGTF Officer Indemnification: Each party engaging in any mutual
cooperation and assistance, pursuant to this agreement, agrees with respect to any suit or claim
for damages resulting from any and all acts, omissions, or conduct of such party's own
appointees/employees occurring while engaging in rendering such aid, pursuant to this
agreement, to hold harmless, defend, and indemnify the other participating party and his
appointees/employees, subject to provisions of section 768.28 Florida Statutes, where applicable
and to the extent permitted by law. Any party having a duty to indemnify and defend under this
agreement shall have control of the defense of any suit or claim arising under said duty. Each
party shall be responsible for the acts, omissions, or conducts of its own employees.
Seminole County Multi Agency Gang Task Force MAGTF Page 3 of 4
September 30, 2008 - January 1, 2013
•
Sheriff Donald F. Eslinger, Seminole County Sheriffs Office
Chief Bryant Garrett, Sanford Airport Police Department
Chief Robert C. Merchant, Jr., Altamonte Springs Police Department
Chief Jim Ruf, Casselberry Police Department
Chief Steve Bracknell, Lake Mary Police Department
Chief Thomas Jackson, Longwood Police Department
Chief Jeffrey Chudnow, Oviedo Police Department
Chief Brian Tooley, Sanford Police Department
Acting Chief Kevin Brunelle, Winter Springs Police Department
Seminole County Multi Agency Gang Task Force MAGTF Page 4 of 4
September 30, 2008 - January 1, 2013
•
Party's acceptance of the Voluntary Cooperation Mutual Aid Agreement among the
member agencies of Seminole County, Florida for the
MULTI AGENCY GANG TASK FORCE / MAGTF
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 and any further evidence of authorization you wish to remain on file
at FDLE alone with 'a nature page.
Seminot ff ou d eri s Office
1 ►,
Donald F. nger,
w 1 !
Date
Party's acceptance of the Voluntary Cooperation Mutual Aid Agreement among the
member agencies of Seminole County, Florida
MULTI AGENCY GANG TASK FORCE 1 MAGTF
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 and any further evidence of authorization you wish to remain on file
at FDLE along with signature page.
City of Alltamonte Springs
Chief Robert C. Merchant, Jr.
Altamonte Springs Police Department
'zo . �Q
Date
Party's acceptance of the Voluntary Cooperation Mutual Aid Agreement among the
member agencies of Seminole County, Florida for the
MULTI AGENCY GANG TASK FORCE ! MAGTF
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 and any further evidence of authorization you wish to remain on file
at FDLE along with signature page.
City of Casselberry
e,
Jim Ruf
Casselberry Police Department
(211 le
Date
•
•
•
Party's acceptance of the Voluntary Cooperation Mutual Aid Agreement among the
member agencies of Seminole County. Florida for the
MULTI AGENCY GANG TASK FORCE 1 MAGTF
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 and any further evidence of authorization you wish to remain on file
at FDLE along with signature page.
City of Lake Mary
Chief Steve Bracknell
Lake Mary Police Department
ha1,7/
Date
Party's acceptance of the Voluntary Cooperation Mutual Aid Agreement among the
member agencies of Seminole County, Florida for the
MULTI AGENCY GANG TASK FORCE / MAGTF
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 and any further evidence of authorization you wish to remain on file
at FDLE along with signature page.
City of Longwood
Chief Thome ackson
Longwood Plie Department
l / -V(cql
Date
Party's acceptance of the Voluntary Cooperation Mutual Aid Agreement among the
member agencies of Seminole County, Florida for the
MULTI AGENCY GANG TASK FORCE ! MAGTF
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 and any further evidence of authorization you wish to remain on file
at FDLE along with signature page.
City of Oviedo
J y Chudnow
viedo Police Department
/1 G �'
Dat
L
Party's acceptance of the Voluntary Cooperation Mutual Aid Agreement among the
member agencies of Seminole County, Florida for the
MULTI AGENCY GANG TASK FORCE 1 MAGTF
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 and any further evidence of authorization you wish to remain on file
at FDLE along with signature page.
ORLAN" SANFORD AIRP • RT AUTHO' •
'04.011 deL/iritta.-
i
Chef :f ant Garrett
Sanford Airport Police Department
(
Date
Party's acceptance of the Voluntary Cooperation Mutual Aid Agreement among the
member agencies of Seminole County, Florida for the
MULTI AGENCY GANG TASK FORCE / MAGTF
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 and any further evidence of authorization you wish to remain on file
at FDLE along with signature page.
Orlando anford Airport Autho
C
La rlfk Dale, President and CEO
Sanford Airport Authority
/07/CJV
Date
5.
Party's acceptance of the Voluntary Cooperation Mutual Aid Agreement among the
member agencies of Seminole County, Florida for the
MULTI AGENCY GANG TASK FORCE / MAGTF
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 and any further evidence of authorization you wish to remain on file
at FDLE along with signature page.
City of Sanford ��-- --
dhief Brian Tooley
Sanford Police Department
2/6/ Date
•
•
Party's acceptance of the Voluntary Cooperation Mutual Aid Agreement among the
member agencies of Seminole County, Florida for the
MULTI AGENCY GANG TASK FORCE 1 MAGTF
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. My signatory may attach to
this signature page and any further evidence of authorization you wish to remain on file
at FDLE along with si • nature page.
S = my Sheriff's Office
Donald F. • er, heriff
1 OD
Date
Party's acceptance of the Voluntary Cooperation Mutual Aid Agreement among the
member agencies of Seminole County, Florida for the
MULTI AGENCY GANG TASK FORCE / MAGTF
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 and any further evidence of authorization you wish to remain on file
at FDLE along with signature page.
City of Winter Springs
cting Chief of Police Kevin Brunelle
Winter Springs Police Department
la-17- og
Date
Sheriff Donald F. Eslinger •
Member, Florida Sheriffs Association An Internationally Accredited Agency '; y 11
Meumber, National Sheriffs' Association ` �
Seminole
County
February 16, 2009
Mr. Walt Turner
Florida Department of Law Enforcement
P. O. Box 1489
Tallahassee, FL 32302 -1489
Dear Mr. Turner:
Please find enclosed a copy of Seminole County Sheriff's Office MAGTF Mutual Aid
Agreement effective from 9130/08 - 1/1/2013:
1. Multi Agency Gang Task Force (MAGTF)
Pursuant to Section 23.1225(4), Florida Statutes, these Mutual Aid Agreements are
hereby filed with the Division of Local Law Enforcement Assistance of the Florida
Department of Law Enforcement.
Sincerely,
SHERIFF DONALD F. ESLINGER
W 14-19----------
Chief Deputy Steven D. Harriett
Attachments (1)
• 100 Bush Blvd., Sanford, Florida 32773
http: / /www.seminoleshesl$.org
Office: (407) 665 -6600 / Corrections: (407) 323 -6512 / Orlando Exchange: (407) 830 -8111
REACCREDITATION AGREEMENT
This Agreement is entered into between the Winter Springs Police Department, with
offices at 300 North Moss Road, Winter Springs, Florida 32708, hereafter referred to as
the "Applicant ", and the Commission for Florida Law Enforcement Accreditation, Inc., a
Florida not-for-profit corporation, at 3504 Lake Lynda Drive, Suite 380, Orlando, Florida
32817, hereafter referred to as the "Commission ".
WITNESSETH
The Applicant and the Commission, for and in consideration of the mutual
covenants set forth in this Agreement and the compensation to be paid the Commission
by the Applicant hereinafter specified, covenant and agree to be bound by the provisions,
terms, and covenants contained herein. WHEREFORE, each party covenants and agrees
• as follows:
1. PURPOSE OF THIS AGREEMENT:
•
1.1 The purpose of this Agreement is to establish the
continued relationships between, and set the continued
responsibilities of, the parties to this Agreement by
assessing the Applicant's continued compliance with the
standards established by the Commission in order for the
Commission to determine if the Applicant is eligible for
reaccredited status.
1.2 Unless specifically stated otherwise, all terms and
conditions stated in this Agreement apply to
reaccreditation and the Applicant is responsible for
complying with all terms and conditions of this Agreement
during the reaccreditation process.
2. APPLICANT RESPONSIBILITIES:
The Applicant agrees to:
• 2.1 Provide all information, using its best and honest
judgement in good faith, requested by the Commission.
2.2 Provide all documents, files, records, and other data as
required by the Commission' so far as the same may be
provided in accordance with laws, regulations, and ordinances
of the county and locality, or municipality in which the
Applicant is located.
Page 1 of 10 Rev. 02/20/2008
2.3 Conduct a self - assessment as to the degree of
compliance with standards that pertain to agency functions
and provide full and accurate results thereof to the
Commission.
2.4 Provide one or more persons to assist the
Commission's representatives, hereafter referred to as the
"Assessors ", in snaking the necessary inquiries and
assessments of agency information relative to compliance
with the standards, provide access to files and records, and
provide necessary facilities that are requested by the
Assessors.
2.5 Respond to all communications from the Commission
within ten (10) business days from the receipt thereof.
2.6 An applicant seeking reaccreditation by comparative
compliance must satisfy the Commission standards found as
Appendix B in the current edition of the Florida Standards
Manual.
2.7 If the Applicant received reaccredited status by
comparative compliance, the Applicant must notify the
Commission in writing upon the expiration, revocation, or
withdrawal of Applicant's reaccredited status with the
Commission on Accreditation for Law Enforcement
Agencies, Inc., (C.A.L.E.A)
3. COMMISSION'S RESPONSIBILITIES:
The Commission agrees to:
3.1 Provide necessary documentation, forms and
instructions regarding the reaccreditation process.
3.2 Provide Assessors for the purpose of conducting an
on -site assessment as to the Applicant's continued
compliance with standards.
3.3 Promptly analyze all compliance data and advise the
Applicant of (a) any need for additional information, or (b)
the results of the on -site assessment.
3.4 Assess all compliance data against the standards and
certify the Applicant as reaccredited if the relevant standards
are met and compliance is accepted by the Commission.
Page 2 of 10 Rev. 02/20/2008
3.5 if the Applicant is reaccredited, provide (a) a
certificate, or (b) additional indications of reaccreditation, if
necessary.
3.6 Following an examination of compliance with the
applicable standards, if the Applicant is not reaccredited by
the Commission at the time of review, the Applicant will be -
notified with the reasons for such determination within 30
days.
4. TIME PERIOD COVERED BY THIS
AGREEMENT:
4.1 This Agreement shall take effect when the Applicant's
Chief Executive Officer, or authorized representative and the
Commission's authorized representative sign the Agreement
and shall remain in effect for three years from the date the
Commission certifies the Applicant as reaccredited at a
general meeting.
4.2 The terms and covenants of this Agreement shall
terminate in the following circumstances:
(a) Failure to achieve reaccreditation not longer
than the three (3) year anniversary date of the last
accreditation/reaccreditation; except as provided in
Section 4.3; or
(b) Upon written notice by the Applicant that the
Applicant intends to withdraw from the
reaccreditation process; or
(c) Upon termination pursuant to Section 5.2
hereof; or
(d) Upon notification pursuant to Section 15, that
the Applicant cannot maintain compliance with
standards set forth by the Commission; or
(e) Upon failure of the Applicant to pay all fees
and costs required by this Agreement relating to the
Applicant's reaccreditation within the time mandated,
except that the Agreement may be extended pursuant
to Section 4.3; or
Page 3 of 10 Rev. 02/20/2008
(f) Upon expiration, or revocation pursuant to
Section 14.2 of the Applicant's reaccredited status.
4.3 The Applicant may submit a written request to the
Commission to extend this Agreement in order to comply
with the relevant standards for reaccreditation if the standards
- - cannot be met at the expiration of the Applicant's accredited -
status. The Commission, in its discretion, may grant an
extension in accordance with the "Contract Extension Policy"
adopted 10/98, and in such an event the Applicant shall pay
any additional fees the Commission deems reasonable.
4.4 If the Applicant's accreditation lapses, the Applicant
may reapply for reaccreditation pursuant to Commission
Policy # CFA.012 (Changes in Accredited Status).
4.5 An Applicant accredited by the Commission on
Accreditation for Law Enforcement Agencies, Inc., CALEA,
whose initial accreditation was based on comparative
compliance must maintain its CALEA accreditation during
the time of any reaccreditation under this Agreement. Failure
to maintain CALEA accredited status during the pendancy of
this Agreement may result in the Commission requiring an
immediate on -site review (full or partial compliance) at any
time during the Applicant's reaccreditation period and will
result in reaccreditation being based on a full compliance on-
site assessment at the time of reaccreditation.
5. MODIFICATIONS:
5.1 Applicant shall not make any modifications to this
Agreement except in writing, signed by both parties, and
executed with the same formalities as this document.
5.2 The Applicant recognizes and acknowledges that it
will be necessary for the Commission to make reasonable
modifications and amendments to the Agreement and other
related documents, including but not limited to the
accreditation standards and procedures thereto and hereby
agrees to endorse and agree to all modifications and
amendments. Applicant shall be notified of such
modifications and/or amendments in writing. In the event the
Applicant refuses to comply with any modifications or
amendments, the Commission reserves the right to terminate
this Agreement after due consideration thereof by giving
Page 4 of 10 Rev. 02/20/2008
notice by registered or certified mail, return receipt requested,
within twenty (20) days, of such refusal.
5.3 Applicant must utilize the most current edition of the
Florida Standards Manual in circulation at time of signing this
Agreement. If the Commission approves another standards
- - edition during the pendancy of this Agreement, Applicant -
may notify the Commission in writing of its intent to utilize
the approved edition of standards. New or amended standards
are effective upon enactment. Compliance by Applicant must
be demonstrated at their next on -site assessment following the
enactment date. If Applicant's on -site occurs within one year
of enactment date, applicant may delay compliance for up to
one year after the enactment date. The Applicant must utilize
only one edition of the standards in its entirety.
6. TIME AND MANNER OF PAYMENT:
6.1 Payment of reaccreditation fees shall be based upon
the fee structure below. One -half of the total fee is due upon
signing of the contract and the balance due in twelve (12)
months; or the Applicant may pay the fees in full.
6.2 The Applicant shall be responsible for Assessor costs,
including travel, lodging, and per diem paid in accordance
with Applicant's travel policy. The Applicant shall not be
responsible for any overtime or other salary costs associated
with Assessors performing duties in connection with this
Agreement.
6.3 Applicants pursuing full compliance reaccreditation
• shall be required to pay a fee to the Commission in
accordance with the following fee structure. Such fee
structure is based on the number of authorized, sworn law
enforcement positions at the time this agreement is executed:
NUMBER FEE
1 - 09 Donation
10 - 24 $ 500.00
25 - 99 1,000.00
100 - 299 2,000.00
- 300 - 499 3,000.00
500 + 4,000.00
Page 5 of 10 Rev. 02/20/2008
6.4 Applicants pursuing comparative compliance
reaccreditation, i.e., those applicants currently accredited with
the Commission on Accreditation for Law Enforcement
Agencies (CALEA) shall be required to pay a fee to the
Commission for reaccreditation in accordance with the
following fee structure. Such fee structure is based on the
- - - - - number ofauthorized, sworn law enforcement positions at the time this agreement is executed. This fee structure represents
a forty (40 %) reduction from the full compliance fee
structure:
NUMBER FEE
1 - 09 Donation
10 - 24 $ 300.00
25 - 99 600.00
100 - 299 1,200.00
300 — 499 1,800.00
500 + 2,400.00
6.5 The Applicant agrees to use the proprietary
Accreditation Manager web -based software. Access will be
granted by the Commission with the understanding that the
Applicant shall pay an annual user's fee of $300.
6.6 The Applicant agrees that any and all fees submitted
will be forfeited if the Applicant does not become
reaccredited or withdraws from the process before the
completion unless an extension is granted pursuant to Section
4.3 above.
7. NEWS RELEASES:
7.1 The Commission shall have the right to identify the
Applicant in news releases and any publicity program the
Commission deems appropriate after the Applicant's on -site
has been scheduled. The purpose of said news release or
publicity programs will be to identify the Applicant as
accredited and seeking reaccreditation. Where specific
mention of the Applicant is used in this regard, a copy of the
news release or publicity material will be provided to the
Applicant for its information.
7.2 The Applicant shall provide the Commission with a
copy of all its news releases or publicity material concerning
its accreditation activities.
Page 6 of 10 Rev. 02/20/2008
8. THE COMMISSION AS AN INDEPENDENT
CONTRACTOR:
In all matters pertaining to this Agreement, the Commission
_shall be acting as an independent contractor, and neither the
Commission nor any officer, employee, or agent of the
Conunission will be deemed an employee of the Applicant,
The selection and designation of the personnel of the
Commission as it relates to performance of its responsibilities
under this Agreement shall be made by the Commission.
9. WARRANTY NOT INTENDED OR IMPLIED:
9.1 It is understood that the Commission's award of
reaccreditation does not constitute a warranty, expressed or
implied, of total or continued compliance by the Applicant
Agency with Mt applicable standards and further, that it is not
a substitute for the Applicant Agency's ongoing and in depth
monitoring and evaluation of its activities and the quality of
its services.
9,2 The Commission makes no representations or
warranties, expressed or implied, of the benefit of any person
or entity with regard to aspect of the standards contained
herein.
10. INTEGRATION:
This instrument embodies the whole Agreement of the
parties. The parties warrant that there are no promises, terms,
conditions, or obligations other than those contained herein.
This Agreement shall supersede all previous communications,
representations, or agreements, either verbal or written,
between the parties hereto.
11. SEVERABILITY:
If any provision of this Agreement or the application of such
provision to any person or circumstance shall be held invalid,
the remainder of this Agreement and the application of such
provisions to persons or circumstances other than those to
which it is held invalid, shall not be affected thereby.
Page 7 of 10 Rev. 02/20/2008
...
The terms and conditions of this Agreement shall be binding
on the Applicant for the entire reaccreditation period.
12. CHOICE OF LAW:
This Agreement and the rights of the parties hereunder shall
be governed by and interpreted in accordance with Florida -
law.
13. MAINTAINING THE APPLICANT'S
ACCREDITED/REACCREDITED STATUS:
13.1 If the Applicant is awarded reaccredited status by the
Commission, the Applicant agrees to remain in compliance
with those standards under which reaccreditation is awarded.
New or amended standards are effective upon enactment.
Compliance by Applicant must be demonstrated at their next
on -site assessment following the enactment date. If
Applicant's on -site occurs within one year of enactment date,
applicant may delay compliance for up to one year after the
enactment date. After an award of reaccreditation, the
•
Applicant agrees to (a) file a brief annual report that testifies
to its continuing compliance on a form approved by the
ti
Commission and (b) promptly notify the Commission when it
cannot maintain compliance with standards under which. it
was reaccredited.
13.2 If the Commission has determined that reasonable
grounds exists to believe an agency is not in compliance with
the standards under which reaccreditation was awarded, the
Commission may require an immediate on -site review (full or
partial) at any time during the Applicant's reaccreditation
period at the expense of the Applicant. The Commission may
revoke reaccredited status if the review indicates that the
Applicant is not in compliance with the standards under
which it was reaccredited or may take such other action as the
Commission deems appropriate.
14. WAIVER:
Any waiver by the Commission of any breach of this
Agreement by the Applicant shall relate only to that particular
breach and shall not amount to a general waiver.
Page 8 of 10 Rev. 02/20/2008
15. NOTICE:
Any notice between the parties shall be in writing to the
addresses as specified in the preamble to the Agreement or to
such other address as either party may specify in writing in
accordance with this section.
16. HEADINGS:
The headings to this Agreement shall not be deemed part of it
- and shall not in any way affect its construction.
17. CONSENT TO BE BOUND:
17.1 The Applicant has read the following document and agrees to and
accepts the standards set forth by the Commission for Florida Law
Enforcement Accreditation, Inc.
17.2 All disputes arising under this Reaccreditation Agreement of the
enforcement, execution, or any other actions, relative to this Reaccreditation
Agreement or any other agreement, standard, rule, or regulation, pertaining
to the reaccreditation process, will be arbitrated in the city of Orlando, •
Florida, pursuant to the Conunercial Arbitration Rules of the American
Arbitration Association.
17.3 The person signing on behalf of the Applicant hereby
represents and warrants that he/she has the power and the
authority to execute this Agreement and to bind the Applicant
to all terms and conditions set herein including, but not
limited to, the provisions of this Section 18.
•
Page 9 of 10 Rev. 02/20/2008
IN WITNESS WHEREOF, the Applicant has caused this Agreement to be
executed on
(date): November 10, 20081
Attest:
* Title: Interim Chief of Police
A
A - v
** Ti . Accreditation Manager
IN WITNESS WHEREOF, the Commission has caused this Agreement to be
executed by the Executive Director of the Commission, acting on its behalf,
on
(date): 7 (6
Commi ion for Iorida Law Enforcement Acct' itation, Inc.
By: A ��.
fir,- Director
* Title of the Applicant's Chief Executive Officer
** Title of the appropriate civil authority in the event such signature is
required to effect this Agreement.
Page 10 of 10 Rev. 02/20/2008
VOLUNTARY COOPERATION
ESTABLISHING A
CITY /COUNTY /STATE TRAFFIC ENFORCEMENT UNIT
The City of Altamonte Springs, Florida
The City of Casselberry, Florida
The City of Lake Mary, Florida
The City of Longwood, Florida
The City of Maitland, Florida
The City of Oviedo, Florida
The City of Sanford, Florida
The City of Winter Springs, Florida
The Sanford Airport Authority
and
The Sheriff of Seminole County, Florida
Florida Highway Patrol
Florida Department of Transportation — Motor Carrier Compliance
Seminole County, Florida
CSX Railroad Police — Orlando Office of Special Agents
The Altamonte Springs Police Department, the Casselberry Police Department, the Lake
Mary Police Department, the Longwood Police Department, the Maitland Police Department,
the Oviedo Police Department, the Sanford Police Department, the Winter Springs Police
Department, the Seminole County Sheriff's Office, the Florida Highway Patrol., the Florida
Department of Transportation — Motor Carrier Compliance, Seminole County, Sanford
Airport Authority Police Department and the CSX Railroad Police Department — Orlando
Office of Special Agents hereby enter into a Voluntary Cooperation Agreement forming
the City /County /State Traffic Enforcement Unit to provide collective countywide traffic
enforcement and control services on an as- needed basis according to procedures specified
herein.
NOW, THERFORE, THE PARTIES AGREE AS FOLLOWS:
SECTION 1. CITY /COUNTY /STATE TRAFFIC ENFORCEMENT UNIT REQUEST
AND RESPONSE
Mutual Aid Agreement— January 2009 Page 1 Of 4
City /County/State Traffic Enforcement Unit
Cities of Altamonte Springs, Casselberry, Lake Mary, Longwood,
Maitland, Oviedo, Sanford, Winter Springs, Sanford Airport Authority
and Seminole County, Florida
A. The parties of this agreement dealing with routine law enforcement traffic problems
and prearranged traffic enforcement programs requiring the use of the
City /County /State Traffic Enforcement Unit shall notify the Sheriff. Chief or agency
head, or his designee, from whom such assistance is required, at such time as
assistance is requested.
B. The Sheriff, Chief or agency head, or his designee, whose assistance is sought, shall
evaluate the situation, his agency's available resources, and shall respond in a
manner that he deems appropriate. The agency head's decision in this regard shall
be final.
C. Where operational requirements develop during a law enforcement operation that
require the crossing of jurisdictional lines, each party agrees to notify by radio,
telephone, or in writing, the Sheriff, Chief or agency head, or his designee, of the
jurisdiction(s) involved, prior to, or as soon as possible thereafter, when jurisdictional
lines are crossed.
SECTION IL POLICY AND PROCEDURE
A. The resources or facilities that are assigned by the assisting agency shall be under
the immediate command of a supervising officer, designated by the assisting agency
head. Such supervising officer shall be under the direct supervision and command of
the agency head or his designee of the agency requesting assistance.
B. Should additional violations of Florida Statutes occur in the presence of said officer,
representing his or her respective agency in furtherance of this Agreement, he /she
shall be empowered to render enforcement assistance and act in accordance with the
law.
SECTION III. POWERS. PRIVILEGES. IMMUNITIES. AND COSTS
A. Members of the subscribed law enforcement agencies, when actually engaging in
mutual cooperation and assistance outside of the jurisdictional limits of their respective
agencies, under the terms of this Agreement, shall, pursuant to the provisions of
Section 23.127, Florida Statutes, have the same powers, duties, rights, privileges, and
Mutual Aid Agreement — January 2009 Page 2 of 4
CitylCountylState Traffic Enforcement Unit
Cities of Altamonte Springs, Casselberry, Lake Mary, Longwood,
Maitland, Oviedo, Sanford, Winter Springs, Sanford Airport Authority
and Seminole County, Florida
immunities, as if they were performing their duties in the political subdivision in which
they are normally employed.
B. Each party agrees to fumish necessary equipment, resources, and facilities, and to
render services to each other party to the Agreement as set forth above, provided -
however, that no party shall be required to deplete unreasonably its own equipment,
resources, facilities, and services, in fumishing such mutual aid.
C. The agency furnishing aid, pursuant to this Agreement, shall bear the loss or
damages to such equipment, and shall pay any expense incurred in the operation and
maintenance thereof.
D. The agency fumishing aid, pursuant to this Agreement, shall compensate its
appointees /employees during the time such aid is rendered, and shall defray the
actual travel maintenance expenses of such appointees /employees while they are
rendering such aid, including any amounts paid or due for compensation due to
personal injury or death while such appointees /employees are engaged in rendering
such aid.
E. All the privileges and immunities from liability, exemption from laws, ordinances
and rules, and all pension, insurance, relief, disability, worker's compensation, salary,
death, and other benefits that apply to the activity of such officers, agents, or
employees of any -such agency when performing their respective functions within the
territorial limits of their respective public agencies, shall apply to them to the same
degree, manner, and extent while engaged in the performance of any of their functions
and duties extraterritorially under the provisions of this Voluntary Cooperation
Agreement. The provisions of this section shall apply with equal effect to full time
paid, part time, volunteers, and reserve members.
SECTION IV. INDEMNIFICATION
Each party engaging in any mutual cooperation and assistance, pursuant to this
Agreement, agrees with respect to any suit or claim for damages resulting from any and
all acts, omissions, or conduct of such party's own appointees /employees occurring while
engaging in rendering such aid, pursuant to this Agreement, to hold harmless, defend
and indemnify the other participating party and his appointees /employees, subject to
Mutual Aid Agreement — January 2009 Page 3 of 4
Clty /CountylState Traffic Enforcement Unit
Cities of Altamonte Springs, Casselberry, Lake Mary, Longwood,
Maitland, Oviedo, Sanford, Winter Springs, Sanford Airport Authority
and Seminole County, Florida
provisions of Section 768.28, Florida Statutes, where applicable and to the extent
permitted by law. Any party having a duty to indemnify and defend under this
Agreement shall have control of the defense of any suit or claim arising under said duty.
Each party shall be responsible for the acts, omissions, or conducts of its own
employees.
SECTION V. INSURANCE PROVISIONS
Each party shall provide satisfactory proof of self insurance or liability insurance by one
or more of the means specified in Section 768.28(14), Florida Statutes, in an amount that
is, in the judgment of the goveming body of that party, at least adequate to cover the risk
to which that party may be exposed. Should the insurance coverage, however provided,
of any party be canceled or undergo material change, that party shall notify all parties to
this Agreement of such change within ten (10) days of receipt of notice or actual
knowledge of such change.
SECTION VI. EFFECTIVE DATE
This City/County/State Traffic Enforcement Unit Voluntary Cooperation Agreement
shall take effect upon execution and approval by the hereinafter -named officials, and
shall continue in full force and effect until January 01, 2013, unless terminated prior
thereto by any or all the parties herein.
SECTION VIII. CANCELLATION
Under no circumstances may this Agreement be renewed or extended, except in writing.
Any party may withdraw from this Agreement upon thirty (30) days written notice to all
other parties signatured below.
IN WITNESS WHEREOF, THE PARTIES HERETO CAUSE THESE PRESENTS TO BE
SIGNED ON THE DATE SPECIFIED:
Mutual Aid Agreement— January 2009 Page 4 of 4
City /County /State Traffic Enforcement Unit
Cities of Altamonte Springs, Casselber y, Lake Mary, Longwood,
Maitland, Oviedo, Sanford, Winter Springs, Sanford Airport Authority
and Seminole County, Florida
Party's acceptance of the Voluntary Cooperation Mutual Aid Agreement among the
member agencies of Seminole County, Florida
City/County /State Traffic Enforcement Unit
- - 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 and any further evidence of authorization you wish to remain on file
at FDLE along with signature page.
City Altamonte Springs ` NTE Sp nutuuuurrr
�..�` 4 4. .
Q* ,
Patricia Ba , Mayor _ • �� G T F
City of Altamonte Springs, Florida = ' '1920 a
1 : •
OUN" of
Date
•
Party's acceptance of the Voluntary Cooperation Mutual Aid Agreement among the
member agencies of Seminole County, Florida
City /County /State Traffic Enforcement Unit
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 and any further evidence - of authorization you wish to remain on file - - -
at FDLE along with signature page.
City of Casselberry
Charlene Gian M yor
City of Casselberry, Florida
/;? -d 9'
Date
•
Party's acceptance of the Voluntary Cooperation Mutual Aid Agreement among the
member agencies of Seminole County, Florida
City /County /State Traffic Enforcement Unit
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 and any further evidence of authorization you wish to remain on file
at FDLE along with signature page.
*ty of Lake % ry
J n Litton, City Manager
of Lake Mary, Florida
Da
Party's acceptance of the Voluntary Cooperation Mutual Aid Agreement among the
member agencies of Seminole County, Florida
CitylCountylState Traffic Enforcement Unit
Pursuant to F.S.23.1225(3), this agreement may be entered into by a Chief Executive
Officer off 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 pa and any further evidence of authorization you wish remain on file -
at FDLE along with signature page.
City of Longwood
B ian Sackett, Maw' i L
City of Longwoodork1a
2r 7
Date ..1
Party's acceptance of the Voluntary Cooperation Mutual Aid Agreement among the
member agencies of Seminole County, Florida
City /County /State Traffic Enforcement Unit
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 and any further evidence of authorization you wish to remain on file -
at FDLE along with signature page.
City of M itla
Ga alhoun, hie of Police
City of Maitland, Florida
pi -2o -v
Date
Party's acceptance of the Voluntary Cooperation Mutual Aid Agreement among the
member agencies of Seminole County, Florida
City /County /State Traffic Enforcement Unit
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 and any further evidence of authorization you wish to remain on file
at FDLE along with signature page.
ORLAND SANFORD P T AUTHORITY
Lair Dale, President & CEO
Sanford Ai ort Authority
/: g g
D
Party's acceptance of the Voluntary Cooperation Mutual Aid Agreement among the
member agencies of Seminole County, Florida
City /County /State Traffic Enforcement Unit
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 and any further evidence of authorization you wish to remain on file - -
at FDLE along with signature page.
City of Oviedo
-�-� L _ / 2 x .n.�.u�-rr�
Mary LouAti re'Ws, Mayor
City of Oviedo, Florida
December 3, 2008
Date
•
.........__
Party's acceptance of the Voluntary Cooperation Mutual Aid Agreement among the
member agencies of Seminole County, Florida
City /County /State Traffic Enforcement Unit
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 and any further evidence of authorization - you wish to remain on file
at FDLE along with signature page.
City of Sanford
Sherman Yehl, Ci anager
City of Sanford, Florida
Date
Party's acceptance of the Voluntary Cooperation Mutual Aid Agreement among the
member agencies of Seminole County, Florida
City /County /State Traffic Enforcement Unit
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 and any further evidence of authorization wish to remain on file
at FDLE along with signature page.
Se •ole Cou f 4t4 s Office
Agiart■ bar—
Donald F. Eslinger, Sheriff
Qg,
Date
Party's acceptance of the Voluntary Cooperation Mutual Aid Agreement among the
member agencies of Seminole County, Florida
City /County /State Traffic Enforcement Unit
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 and any further evidence of authorization you wish to remain on file
at FDLE along with signature page.
City of Winter Sprin s
,,/} ..„,_:. fa.
n Brunelle Acting 9 Chief of Police
City of Winter Springs, Florida
/Ii
Date
Party's acceptance of the Voluntary Cooperation Mutual Aid Agreement among the
member agencies of Seminole County, Florida
City /County /State Traffic Enforcement Unit
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 and any farther evidence of authorization you wish to remain on file
at FDLE along with signature page.
Flo ,, a Department of Transportation
Meli • a Conn - - Stultz, Lie t - nant
Florida Department of T - sportation
Motor Carrier Compliance
r1/5 l °
Date
•
Party acceptance of the Voluntary Cooperation Mutual Aid Agreement among the
Member agencies of Seminole County, Florida
City /County/ State Traffic Enforcement Unit
r 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 and any further evidence of authorization you wish to remain on file
at FDLE along with signature page.
Florida Highway Patrol a Division of the
Department of Highway Safety & Motor Vehicles
e ". 4
t
Stacy ' as, " hief Bureau f Purchasing & Contracts
, i
Date
•
Party's acceptance of the Voluntary Cooperation Mutual Aid Agreement among the
member agencies of Seminole County, Florida
City /County /State Traffic Enforcement Unit
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 and any further evidence of authorization you wish to remain on file
at FDLE along with signature page.
SEMINOLE COUNTY
:Pao
Cynthia A. Cc • ounty Manager
Seminole Co lorida
Date
Party's acceptance of the Family Focus Agreement among the member agencies of
Seminole County, Florida
INTER -LOCAL VOLUNTARY COOPERATION OPERATIONAL ASSISTANCE
FAMILY FOCUS MONITORING/ENFORCEMENT ACTION
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 and any further evidence of authorization you wish to remain on file
at FDLE along with signature page.
City of Winter Springs
Kevin Brunelle, Chief of Police
City of Winter Springs, Florida
Date
INTER -LOCAL VOLUNTARY COOPERATION
OPERATIONAL ASSISTANCE
MUTUAL AID AGREEMENT
The City of Altamonte Springs, Florida
The City of Casselberry, Florida
The City of Lake Mary, Florida
The City of Longwood, Florida
The City of Maitland, Florida
The City of Oviedo, Florida
The City of Sanford, Florida
The City of Winter Springs, Florida
The Sanford Airport Authority
and
The Sheriff of Seminole County, Florida
WHEREAS, the subscribed law enforcement agencies are so located in relation to each
other that it is to the advantage of each to receive and extend Mutual Aid in the form of
law enforcement services and resources to adequately respond to continuing, multi-
jurisdictional law enforcement problems, so as to protect the public peace and safety, and
preserve the lives and property of the people; and,
WHEREAS, the Altamonte Springs Police Department, the Casselberry Police
Department, the Lake Mary Police Department, the Longwood Police Department, the
Maitland Police Department, the Oviedo Police Department, the Sanford Police
Department, the Winter Springs Police Department, Sanford Airport Authority Police
Department and the Seminole County Sheriff's Office have the authority under Part I of
Chapter 23, Florida Statutes, the Florida Mutual Aid Act, to enter into a Voluntary
Cooperation Agreement for assistance of a routine law enforcement nature that crosses
jurisdictional lines and a Requested Operational Assistance Agreement for the
rendering of assistance in connection with a law enforcement emergency.
NOW, THERFORE, THE PARTIES AGREE AS FOLLOWS:
SECTION. 1. PROVISIONS FOR REQUESTED OPERATIONAL ASSISTANCE
Mutual Aid Agreement — January 2009 Page 1 of 5
Cities of Altamonte Springs, Casselberry, Lake Mary, Longwood,
Maitland, Oviedo, Sanford, Winter Springs, Sanford Airport Authority
and Seminole County, Florida
THEREFORE, be it known that the aforesaid law enforcement agencies hereby approve
and enter into this Agreement whereby each of the agencies may request or agree to
render law enforcement assistance to the other in law enforcement emergencies to
include, but not necessarily be limited to, civil disturbances, large, protest demonstrations,
aircraft disaster, fires, natural or man -made disaster, sporting events, concerts, parades,
escapes from detention facilities, incidents requiring utilization of specialized units, or
other emergency as defined in Section 252.34, Florida Statutes..
SECTION II. PROVISIONS FOR VOLUNTARY COOPERATION
THEREFORE, be it known that the aforesaid law enforcement agencies hereby approve
and enter into this Agreement whereby each of the agencies may render law
enforcement assistance to the other in dealing with any violations of Florida Statutes to
include, but not necessarily be limited to, investigating homicides, sex offenses,
robberies, assaults, burglaries, larcenies, gambling, motor vehicle thefts, and drug
violations, pursuant to Chapter 893, Florida Statutes, back -up services, inter - agency task
forces, and /or joint investigations including but not limited to, the City/County /State Traffic
Enforcement -Unit, the City /County Investigative Bureau, the City /County Canine Unit,
The Special Weapons and Tactics Team, and the Bomb Disposal Unit.
SECTION III. POLICY AND PROCEDURE
A. In the event that a party to this Agreement is in need of assistance as set forth
above, it shall notify the agency head or his designee from whom such assistance is
required. The agency head designee whose assistance is sought shall evaluate the
situation and the agency's available resources, consult with his/her supervisors if
necessary, and will respond in a manner fie /she deems appropriate. The agency
head's decision in this regard shall be final.
B. The resources or facilities that are assigned by the assisting agency shall be
under the immediate command of a supervising officer, designated by the assisting
agency head. Such supervising officer shall be under the direct supervision and
command of the agency head or his designee of the agency requesting assistance.
C. Where investigative priorities arise during a law enforcement operation that may
Mutual Aid Agreement — January 2009 Page 2 of 5
Cities of Altamonte Springs, Casselberry, Lake Mary, Longwood,
Maitland, Oviedo, Sanford, Winter Springs, Sanford Airport Authority
and Seminole County, Florida
•
require the crossing of jurisdictional lines, each party agrees that the agency
administrator or his designee on duty shall notify the agency administrator of the
jurisdiction entered, and request enforcement assistance. The responding agency
administrator or-his designee shall evaluate the situation, consult with his appropriate -
supervisor if necessary, and, if required, insure that proper enforcement assistance is
rendered.
D. 1. Should an officer of a participating agency be in another jurisdiction for matters of
a routine nature, or investigative nature, such as traveling through the area on
routine business, attending a meeting, or going to or from work, and a criminal
violation of Florida Statutes occurs in the presence of said officer, and said violation
is a felony or other offense constituting a breach of the peace, the officer shall be
empowered to render enforcement assistance and act in accordance with the law.
2. In the event a law enforcement officer of one of the parties to this Agreement has
probable cause to arrest an individual for a felony offense in his /her jurisdiction and •
requests assistance in the location and apprehension of the suspect, and a law
enforcement officer of one of the other parties to this Agreement is in the
jurisdiction of the party requesting assistance and observes the suspect, the officer,
representing his/her party, shall be empowered to render law enforcement
• assistance and act in accordance with the law and this Agreement.
3. Prior to enforcement action being taken in the other agency's jurisdiction, the officer
shall notify that jurisdiction's Communications Center of the situation. The only
exception would be the situation where immediate action is necessary. In that
event, the Communications Center would be notified immediately thereafter.
E. Should additional violations of Florida Statutes occur in the presence of said officer,
representing his or her respective agency in furtherance of this Agreement, he/she
shall be empowered to render enforcement assistance and act in accordance with the
law.
SECTION IV. POWERS. PRIVILEGES. IMMUNITIES, AND COSTS
A. Members of the subscribed law enforcement agencies, when actually engaging in
Mutual Aid Agreement — January 2009 Page 3 of 5
Cities of Altamonte Springs, Casselberry, lake Mary, Longwood,
Maitland, Oviedo, Sanford, Winter Springs, Sanford Airport Authority
and Seminole County, Florida
mutual cooperation and assistance outside of the jurisdictional limits of their respective
agencies, under the terms of this Agreement, shall, pursuant to the provisions of
Section 23.127, Florida Statutes, have the same powers, duties, rights, privileges, and
- immunities, as if -they were - performing their duties in the political subdivision in which -
they are normally employed.
B. Each party agrees to fumish necessary equipment, resources, and facilities, and to
render services to each other party to the Agreement as set forth above, provided
however, that no party shall be required to deplete unreasonably its own equipment,
resources, facilities, and services, in furnishing such mutual aid.
C. The agency fumishing aid, pursuant to this Agreement, shall bear the loss or
damages to such equipment, and shall pay any expense incurred in the operation and
maintenance thereof.
D. The agency fumishing aid, pursuant to this Agreement, shall compensate its
appointees /employees during the time such aid is rendered, and shall defray the
actual travel maintenance expenses of such appointees /employees while they are
rendering such aid, including any amounts paid or due for compensation due to
personal injury or death while such appointees /employees are engaged in rendering
such aid.
E. All the privileges and immunities from liability, exemption from laws, ordinances
and rules, and all pension, insurance, relief, disability, worker's compensation, salary,
death, and other benefits that apply to the activity of such officers, agents, or
employees of any such agency when performing their respective functions within the
territorial limits of their respective public agencies, shall apply to them to the same
degree, manner, and extent while engaged in the performance of any of their functions
and duties extraterritorially under the provisions of this Mutual Aid Agreement. The
provisions of this section shall apply with equal effect to full time paid, part time,
volunteers, and reserve members.
SECTION V. INDEMNIFICATION
Each party engaging in any mutual cooperation and assistance, pursuant to this
Agreement, agrees with respect to any suit or claim for damages resulting from any and
Mutual Aid Agreement — January 2009 Page 4 of 5
Cities of Altamonte Springs, Casselberry, Lake Mary, Longwood,
Maitland, Oviedo, Sanford, Winter Springs, Sanford Airport Authority
and Seminole County, Florida
all acts, omissions, or conduct of such party's own appointees /employees occurring while
engaging in rendering such aid, pursuant to this Agreement, to hold harmless, defend,
and indemnify the other participating party and his appointees/employees, subject to
- provisions of Section 768.28, Florida Statutes, where applicable and to the extent .
permitted by law. Any party having a duty to indemnify and defend under this
Agreement shall have control of the defense of any suit or claim arising under said duty.
Each party shall be responsible for the acts, omissions, or conducts of its own
employees.
SECTION VI. INSURANCE PROVISIONS
Each party shall provide satisfactory proof of liability insurance by one or more of the
means specified in Section 768.28(14), Florida Statutes, in an amount that is, in the
judgment of the goveming body of that party, at least adequate to cover the risk to which
that party may be exposed. Should the insurance coverage, however provided, of any
party be canceled or undergo material change, that party shall notify all parties to this
Agreement of such change within ten (10) days of receipt of notice or actual knowledge
of such change.
SECTION VII. 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 1, 2013, unless •
terminated prior thereto by any or all the parties herein.
SECTION VIII. CANCELLATION
This Agreement may be canceled by any party upon delivery of written notice to the
other parties. Cancellation will occur at the direction of any subscribing party.
IN WITNESS WHEREOF, THE PARTIES HERETO CAUSE THESE PRESENTS TO BE
SIGNED ON THE DATE SPECIFIED:
Mutual Aid Agreement — January 2009 Page 5 of 5
Cities of Altamonte Springs, Casselberry, Lake Mary, Longwood,
Maitland, Oviedo, Sanford, Winter Springs, Sanford Airport Authority
and Seminole County, Florida
Party's acceptance of the Voluntary Cooperation Mutual Aid Agreement among the
member agencies of Seminole County, Florida
INTERLOCAL VOLUNTARY COOPERATION FOR OPERATIONAL ASSISTANCE
Pursuant to E.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 and any further evidence of authorization you wish to remain on file
at FDLE along with signature page.
City of Altamonte Springs
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• Patricia Bates, Mayor it. •
City of Altamonte Springs, Florida ;� 1920 Q
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Date "'imminn to •
•
Party's acceptance of the Voluntary Cooperation Mutual Aid Agreement among the
member agencies of Seminole County, Florida
INTERLOCAL VOLUNTARY COOPERATION FOR OPERATIONAL ASSISTANCE
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 you wish to remain on file
at FDLE along with signature page.
City of Casselberry
Charlene Glan , tyor
City of Casselberry, Florida
Date
•
Parry's acceptance of the Voluntary Cooperation Mutual Aid Agreement among the
member agencies of Seminole County, Florida
INTERLOCAL VOLUNTARY COOPERATION FOR OPERATIONAL ASSISTANCE
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 and any further evidence of authorization you wish remain on file •
at FDLE along with signature page.
CSX RAILROAD POLICE DEPARTMENT
tom
Ron Richard • n, Special Agent
CSX Railroad Police Department
Orlando Office of Special Agents
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Date
•
•
Party's acceptance of the Voluntary Cooperation Mutual Aid Agreement among the
member agencies of Seminole County, Florida
INTERLOCAL VOLUNTARY COOPERATION FOR OPERATIONAL ASSISTANCE
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 and further evidence of authorization you - wish to remain on file
at FDLE along with signature page.
Ci • f Lake Mary
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Jo itton, City Manager
Ci , of Lake Mary, Florida
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Da
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Parry's acceptance of the Voluntary Cooperation Mutual Aid Agreement among the
member agencies of Seminole County, Florida
INTERLOCAL VOLUNTARY COOPERATION FOR OPERATIONAL ASSISTANCE
•
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 and any further evidence of authorization you wish-to remain on tile"
at FDLE along with signature page.
City of Lon wood
MIP
Brian Sackett, Mayor
City of Longwood, o i •
re. 6r,ta r `. ( G 2009 ,
Date �J
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S '
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Party's acceptance of the Voluntary Cooperation Mutual Aid Agreement among the
member agencies of Seminole County, Florida
INTERLOCAL VOLUNTARY COOPERATION FOR OPERATIONAL ASSISTANCE
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 and -any evidence authorization you wish to remain an file - - - -
at FDLE along with signature page.
City of Mai an /<
Gary alh ief of Police
City of Maitland, Florida
al-20-0 9
Date
•
•
r5
•
Party's acceptance of the Voluntary Cooperation Mutual Aid Agreement among the
member agencies of Seminole County, Florida
INTERLOCAL VOLUNTARY COOPERATION FOR OPERATIONAL ASSISTANCE
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 and any further evidence of authorization you wish -to remain on -file - • - -
at FDLE along with signature page.
City of Oviedo
Mary LoVAnd s Mayor
City of Oviedo, Florida
December 3, 2008
Date
•
•
•
•
Party's acceptance of the Voluntary Cooperation Mutual Aid Agreement among the
member agencies of Seminole County, Florida
INTERLOCAL VOLUNTARY COOPERATION FOR OPERATIONAL ASSISTANCE
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 arid any further evidence of authorization wish to remain on file
at FDLE along with signature page.
City of Sanford
Sherman Yehl, C !, Manager
City of Sanford, Florida
l't o10-
Date
•
Party's acceptance of the Voluntary Cooperation Mutual Aid Agreement among the
member agencies of Seminole County, Florida
INTERLOCAL VOLUNTARY COOPERATION FOR OPERATIONAL ASSISTANCE
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 you wish to remain on file - -
at FDLE along with signature page.
ORLAN SANFORD Al PORT AUTHORITY
L . Dale, President & CEO
Sanford Airport Authority
/V
Dat
•
Parry's acceptance of the Voluntary Cooperation Mutual Aid Agreement among the
member agencies of Seminole County, Florida
INTERLOCAL VOLUNTARY COOPERATION FOR OPERATIONAL ASSISTANCE
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 and any further evidence of authorization you wish to remain on file - - - -
at FDLE along with signature page.
S : kunty Sher'iff's Office
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Donald F. Eslinger, Sheriff
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Date
Party's acceptance of the Voluntary Cooperation Mutual Aid Agreement among the
member agencies of Seminole County, Florida
INTERLOCAL VOLUNTARY COOPERATION FOR OPERATIONAL ASSISTANCE
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 and any further evidence of authorization you wish to remain on file
at FDLE along with signature page.
City of Winter Springs
Kevin Brunelle, Acting Chief of Police
City of Winter Springs, Florida
1)-1 os
Date
INTER -LOCAL VOLUNTARY COOPERATION
OPERATIONAL ASSISTANCE
THE CITY /COUNTY CANINE (K -9) UNIT
The City of Altamonte Springs, Florida
The City of Casselberry, Florida
The City of Lake Mary, Florida
The City of Longwood, Florida
The City of Maitland, Florida
The City of Oviedo, Florida
The City of Sanford, Florida
The City of Winter Springs, Florida
and
The Sheriff of Seminole County, Florida
WHEREAS, the Altamonte Springs Police Department, the Casselberry Police
Department, the Lake Mary Police Department, the Longwood Police Department, the
Maitland Police Department, the Oviedo Police Department, the Sanford Police
Department, the Winter Springs Police Department, the Sanford Airport Authority and the
Seminole County Sheriffs Office have the authority under Part I of Chapter 23, Florida
Statutes, the Florida Mutual Aid Act, to enter into a Voluntary Cooperation Agreement
for assistance of a routine law enforcement Canine Services according to procedures
specified herein.
NOW, THERFORE, THE PARTIES AGREE AS FOLLOWS:
SECTION 1. DEFINITIONS
A. Canine (K - 9): A working dog specifically trained to execute a number of specific law
enforcement and public safety tasks that utilize the canine's speed, agility, and sense
of smell. All canines must comply with the training and performance standards
outline in Section V. herein.
B. Handler: A law enforcement officer who has been specially trained the care,
handling, and utilization of a police canine in those skills established by the United
States Police Canine Association.
C. Canine Team: A canine handler and his/her assigned canine.
SECTION II. CANINE ASSISTANCE REQUEST AND RESPONSE
City /County K-9 Unit Mutual Aid Agreement — January 2009 Page 1 of 8
Cities of Altamonte Springs, Casselberry, Lake Mary, Longwood,
Maitland, Oviedo, Sanford, Winter Springs, Sanford Airport Authority
and Seminole County, Florida
A. The City/County Canine Unit (CCCU) is a multi- agency unit, organized and
formulated to provide a resource pool of canines and canine handlers who train and
work together. These canines and handlers are available to respond to law
enforcement agencies' request(s) for assistance under the provisions of the policy
and procedures set forth in this Voluntary Cooperation Agreement.
B. Requests for canine assistance from member agencies of the CCCU shall be
initiated by the on -duty supervisor. The requesting supervisor must state the reason
the canine team is needed and the estimated time the canine team will be needed.
C. The request from member agencies shall be received by the Communications Center
and routed to the on-duty Shift Commander.
D. The Canine Supervisor or Shift Commander shall evaluate the request and approve
as appropriate.
E An agency with canines will utilize their on -duty canine teams first, before calling for
an outside agency's canine team assistance unless a specific canine's ability is
needed
F. Once on the scene of an incident, the canine handler will report to the incident
commander.
G. Subject to consultation with the incident commander from the requesting agency, the
deployment and use of his /her canine will be at the discretion of the canine handler.
The handler will follow his /her agency's policy on the use of the canine.
H. Where operational requirements develop during a law enforcement operation that
require the crossing of jurisdictional lines, each party agrees to notify by radio,
telephone, or in writing, the Sheriff /Chief, or his designee, of the jurisdiction(s)
involved, prior to or as soon as possible thereafter, when jurisdictional lines are
crossed.
1. Anytime a canine handler is deploying outside of his/her jurisdiction, he /she will notify
the local jurisdiction via radio or telephone of the deployment and reason.
J. While on a deployment, canine handlers will maintain communications at all times
with the appropriate jurisdiction within which they are located.
SECTION III. CANINE DEPLOYMENTS
City /County K-9 Unit Mutual Aid Agreement — January 2009 Page 2 of 8
Cities of Altamonte Springs, Casselbeny, Lake Mary, Longwood,
Maitland, Oviedo, Sanford, Winter Springs, Sanford Airport Authority
and Seminole County, Florida
Canine Teams may be deployed for numerous purposes including, but not limited to, the
following:
1. Area searches
- - -. 2. -.Tracking -
3. Building searches
4. Vehicle searches
5. Search for victims /missing persons
6. Crowd control
7. Article searches
8. Criminal apprehension
9. Warrants
10. Passive tracking
11. Narcotics Detection
12. Cadaver searches
13. Explosives, incendiary devices / u and volatile substance detection.
SECTION IV. GUIDELINES FOR CANINE USAGE
A. General
1. Officers shall not approach the canine and /or canine vehicle without the
knowledge and consent of the canine handler.
2. Officers should not enter an area or building that the canine is searching unless
advised to by the canine handler.
3. In the event the handler becomes involved in a physical altercation or is attacked,
officers should move away from the handier and /or the subject. As the canine
exits the patrol vehicle, he is trained to come to the handler's aid. The canine is
not trained to recognize uniforms or refrain from attacking persons in uniform.
B. Searches
1. The canine may be trained to alert to the presence of narcotics including but not
limited to cannabis, cocaine (including crack), and heroin. However, the canine
should not be used to search persons for possession of narcotics unless the
canine is trained for passive alert.
City /County K-9 Unit Mutual Aid Agreement — January 2009 Page 3 of 8
Cities of Altamonte Springs, Casselberry, Lake Mary, Longwood,
Maitland, Oviedo, Sanford, Winter Springs, Sanford Airport Authority
and Seminole County, Florida
2. The first officer at the scene should not touch, approach, retrieve, or handle any
evidence, articles, or debris believed to be associated to or with the scene.
3. Officers should be directed to secure the scene and establish and maintain a
perimeter. They shall maintain said perimeter until advised to discontinue the
perimeter by the canine handler or supervisor.
4. If a building is to be searched, all perimeter officers must stand away from, and out
of view of windows, doors, and other openings.
5. One officer should remain at the point of entry to assist in the event suspects are
located and /or trouble ensues.
C. Tracking
1. When tracking an armed suspect, one officer should follow approximately fifty (50)
feet behind the handler (or at a distance the handler deems necessary) to provide
protection and cover.
2. Whenever a Canine Team is called to initiate a track, officers on the scene must
use care not to contaminate the crime (track) scene. Officers must not allow
victims or witnesses to contaminate the crime (track) scene.
D. Special Usage
1. Usage of a Canine Team for crowd control shall require prior approval of the
Sheriff /Chief, or their designee.
2. Canine Scent Line -Up procedures are as follows:
a. Tests shall be done in a fair, objective manner.
b. Cross contamination between the scent article and questioned article should
be prevented.
c. Physical contact between the scent article and the questioned article should
be eliminated.
i. This includes preventing one officer from having contact with both
articles.
11. The same officer should never touch the scent article and the
questioned article.
d. Canine handlers will select officers or other assistants to handle the items
and set up the line -ups.
e. Items of evidence for scent line -ups shall be packaged properly.
City /County K-8 Unit Mutual Aid Agreement— January 2009 Page 4 of 8
Cities of Altamonte Springs, Casselberry, Lake Mary, Longwood,
Maitland, Oviedo, Sanford, Winter Springs, Sanford Airport Authority
and Seminole County, Florida
f. The area of a scent line -up should be one where the defendant has not been
recently present.
g. If there is going to be more than one scent line -up, handlers must ensure that
subsequent tine- ups_are conducted far enough apart that any pooled scent _
will not affect the second line -up.
h. Handlers shall document all scent line -ups by videotape, photographs, and/or
a written report.
i. Canine handlers conducting the canine scent line -up search should not be
informed or aware of the correct item location in advance in order to ensure
the canine's independence and initiative.
SECTION V. TRAINING AND PERFORMANCE STANDARDS
A. General
1. Ail canine teams must successfully meet the initial and re- certification requirements
set forth by the Florida Criminal Justice Training and Standards Commission. This is
the minimum state requirement for patrol canine operations.
2. All agencies with canine teams will provide copies of the initial training certificates
and re- certification certificates to each Sheriff /Chief or his designee on an annual
basis.
3. Handlers will document all training done with their canines. Documentation of canine
training shall be on training forms approved by the handler's agency.
B. Specialized Training
1. Training for passive tracking canines or canines used to locate narcotics, explosives,
and cadavers will be administered by a recognized trainer and/or training facility.
2. Each handler and canine team receiving specialized training will be certified by the
training facility or a nationally recognized association such as the United States
Police Canine Association, North American Police Work Dog Association, National
Police Canine Association, or the Law Enforcement Bloodhound Association.
3. Copies of initial specialized training certificates and /or additional training certificates
shall be submitted to each Sheriff /Chief or his /her designee on an annual basis.
City /County K-9 Unit Mutual Aid Agreement — January 2009 Page 5 of 8
Cities of Altamonte Springs, Casselberry, Lake Mary, Longwood,
Maitland, Oviedo, Sanford, Winter Springs, Sanford Airport Authority
and Seminole County, Florida
•
SECTION VI. RESPONSE TO RESISTANCE
A. Each participating Agency shall have a written policy addressing when a handler is
authorized to utilize his/her canine to forcibly control a suspect.
B. _ When the canine makes a physical apprehension, the suspect shall be taken into
custody and tumed over to the officer that requested the canine team services.
C. The handler shall be responsible for ensuring medical aid Is summoned as soon as
safety permits and shall notify his/her supervisor of the incident. The suspect shall
be evaluated by medical personnel or transported to a hospital.
D. Handlers utilizing force (including their canine's force) shall complete a "Response to
Resistance" form as prescribed by their agency.
E. All injuries caused by canines shall be photographed and attached to the "Response
to Resistance Report' and shall include a photograph of the subject's face for
identification purposes.
F. The "Response to Resistance Report" packet shall be forwarded through the -
handler's chain of command. Copies shall be provided to the arresting officer if
requested or necessary.
G. Handlers shall immediately report all accidental canine bites to their supervisor and
shall fully document all accidental canine bites.
SECTION VII. POWERS, PRIVILEGES, IMMUNITIES, AND COSTS
A. Members of the subscribed law enforcement agencies, when actually engaging in
mutual cooperation and assistance outside of the jurisdictional limits of their
respective agencies, under the terms of this Agreement, shall, pursuant to the
provisions of Section 23.127, Florida Statutes, have the same powers, duties, rights,
privileges, and immunities, as if they were performing their duties in the political
subdivision in which they are normally employed.
B. Each party agrees to fumish necessary equipment, resources, and facilities, and to
render services to each other party to the Agreement as set forth above, provided
however, that no party shall be required to deplete unreasonably its own equipment,
resources, facilities, and services, in furnishing such mutual aid.
City /County K•9 Unit Mutual Aid Agreement - January 2009 Page 6 of 8
Cities of Altamonte Springs, Casselberry, Lake Mary, Longwood,
Maitland, Oviedo, Sanford, Winter Springs, Sanford Airport Authority
and Seminole County, Florida
C. The agency furnishing aid, pursuant to this Agreement, shall bear the Toss or
damages to such equipment, and shall pay any expense incurred in the operation
and maintenance thereof.
D. The agency furnishing aid, pursuant to this Agreement, shall compensate its
appointees /employees during the time such aid is rendered, and shall defray the
actual travel maintenance expenses of such appointees /employees while they are
rendering such aid, including any amounts paid or due for compensation due to
personal injury or death while such appointees /employees are engaged in rendering
such aid.
E. All the privileges and immunities from liability, exemption from laws, ordinances and
rules, and all pension, insurance, relief, disability, worker's compensation, salary,
death, and other benefits that apply to the activity of such officers, agents, or
employees of any such agency when performing their respective functions within the
territorial limits of their respective public agencies, shall apply to them to the same -
degree, manner, and extent while engaged in the performance of any of their
functions and duties extraterritorially under the provisions of this Mutual Aid
Agreement. The provisions of this section shall apply with equal effect to full time
paid, part time, volunteers, and reserve members.
SECTION VIII. INDEMNIFICATION
Each party engaging in any mutual cooperation and assistance, pursuant to this
Agreement, agrees with respect to any suit or claim for damages resulting from any and
all acts, omissions, or conduct of such party's own appointees /employees occurring while
engaging in rendering such aid, pursuant to this Agreement, to hold harmless, defend,
and indemnify the other participating party and his appointees /employees, subject to
provisions of Section 768.28, Florida Statutes, where applicable and to the extent
permitted by law. Any party having a duty to indemnify and defend under this
Agreement shall have control of the defense of any suit or claim arising under said duty.
Each party shall be responsible for the acts, omissions, or conducts of its own
• employees.
SECTION IX. INSURANCE PROVISIONS
City/County K•9 Unit Mutual Aid Agreement - January 2009 Page 7 of 8
Cities of Altamonte Springs, Casselberry, Lake Mary, Longwood,
Maitland, Oviedo, Sanford, Winter Springs, Sanford Airport Authority
and Seminole County, Florida
Each party shall provide satisfactory proof of liability insurance by one or more of the
means specified in Section 768.28(14), Florida Statutes, in an amount that is, in the
judgment of the governing body of that party, at least adequate to cover the risk to which
that party -may be exposed. Should the insurance coverage, however provided, of any
party be canceled or undergo material change, that party shall notify all parties to this
Agreement of such change within ten (10) days of receipt of notice or actual knowledge
of such change.
SECTION X. EFFECTIVE DATE
This City /County Canine (K -9) Unit Voluntary Cooperation Agreement shall take
effect upon execution and approval by the hereinafter named officials, and shall continue
in full force and effect until January 01, 2013, unless terminated prior thereto by any or
all the parties herein.
SECTION XlIl. CANCELLATION
Under no circumstances may this Agreement be renewed or extended, except in writing.
Any party may withdraw from this Agreement upon thirty (30) days written notice to all
other parties signatured below.
IN WITNESS WHEREOF, THE PARTIES HERETO CAUSE THESE PRESENTS TO BE
SIGNED ON THE DATE SPECIFIED:
City /County 149 Unit Mutual Aid Agreement - January 2009 Page 8 of 8
Cities of Altamonte Springs, Casselbeny, Lake Mary, Longwood,
Maitland, Oviedo, Sanford, Winter Springs, Sanford Airport Authority
and Seminole County, Florida
Party's acceptance of the Voluntary Cooperation Mutual Aid Agreement among the
member agencies of Seminole County, Florida for the
CITY COUNTY K9 UNIT
_ 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 and any further evidence of authorization you wish to remain on file
at FDLE along with signature page.
City tamonte Springs
``4`o tiuuuUtiintik, ` .
10E SP$'h/
Patricia Bates, Mayor: ' En L
City of Altamonte Springs, Florida = : 1920 0;
Date J ' '%,fl c ot i `�a,�`o
Party's acceptance of the Voluntary Cooperation Mutual Aid Agreement among the
member agencies of Seminole County, Florida for the
CITY COUNTY K9 UNIT
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 and any further evidence of authorization you wish to remain on file - -- -
at FDLE along with signature page.
City of Casselberry
X �il„ -f�
Charlene Glancy aKr
City of Casselberry, Florida
1i'la
Date
•
Party's acceptance of the Voluntary Cooperation Mutual Aid Agreement among the
member agencies of Seminole County, Florida for the
CITY COUNTY K9 UNIT
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 and any further evidence of authorization you wish to remain on file
at FDLE along with signature page.
City of Lake Mary
Jon Litton, City Manager
•
• of Lake Mary, Florida
Date
Party's acceptance of the Voluntary Cooperation Mutual Aid Agreement among the
member agencies of Seminole County, Florida for the
CITY COUNTY K9 UNIT
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 and further evidence of authorization you wish to remain on file -
at FDLE along with signature page.
City of Longwood
r 1st
Brian Sackett, Mayor
—"
City of Longwood, Fiori •'
Fe tarry (et "2-. of 7
Date ^f
Party's acceptance of the Voluntary Cooperation Mutual Aid Agreement among the
member agencies of Seminole County, Florida for the
CITY COUNTY K9 UNIT
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 andany further evidence of authorization you wish to remain on file - -
at FDLE along with signature page.
City of M 'ti
Gary alhoun, Chief of Police
City of Maitland, Florida
OI -0 9
Date
Party's acceptance of the Voluntary Cooperation Mutual Aid Agreement among the
member agencies of Seminole County, Florida
CITY /COUNTY K9 UNIT
- - 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 and any further evidence of authorization you wish to remain on file
at FDLE along with signature page.
ORLANDO SANFORD AIRPORT AUTHORITY
/ A. a le, President & CEO
Sanford Airport Authority
,?
Date/
Party's acceptance of the Voluntary Cooperation Mutual Aid Agreement among the
member agencies of Seminole County, Florida for the
CITY COUNTY K9 UNIT
Pursuant to F.S23.1225(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 and any further evidence of wish to remain on file - . - -
at FOLE along with signature page.
City of Oviedo
Mary Lou d re , Mayor
City of Oviedo, Florida
December 3. 2008
Date
•
Party's acceptance of the Voluntary Cooperation Mutual Aid Agreement among the
member agencies of Seminole County, Florida for the
CITY COUNTY K9 UNIT
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 and-any further evidence of authorization you wish to remain on file
at FDLE along with signature page.
City of Sanford
Sherman Yehl, Ci anager
City of Sanford, Florida
Date
Party's acceptance of the Voluntary Cooperation Mutual Aid Agreement among the
member agencies of Seminole County, Florida for the
CITY COUNTY K9 UNIT
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 and any further evidence of authorization you wish to remain on file .
at FDLE along with signature page.
Semino- li Sheriff's Office
4111111110
_II
Dona d F. Eslinger, Sheriff
Date
•
Party's acceptance of the Voluntary Cooperation Mutual Aid Agreement among the
member agencies of Seminole County, Florida for the
CITY COUNTY K9 UNIT
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 and any further evidence of authorization you wish to remain -on -file
at FDLE along with signature page.
City of Winter Springs
e
Kevin Brunelle, Acting Chief of Police
City of Winter Springs, Florida
11 -19
Date
4
VOLUNTARY COOPERATION MUTUAL AID AGREEMENT
AMONG THE PARTICIPATING AGENCIES AND THE FLORIDA
DEPARTMENT OF LAW ENFORCEMENT TO FORM A
CHILD ABUCTION RESPONSE TEAM
WHEREAS, the subscribed law enforcement agencies have joined together in a multi -
jurisdictional effort to rescue abducted Child and under circumstances allocate their resources
to missing /endangered Child cases; and
WHEREAS, the undersigned agencies are all participants in a mufti- agency effort known
collectively as the Child Abduction Response Team (CART); and
WHEREAS, the undersigned agencies agree to utilize applicable state and federal laws to
prosecute criminal, civil, and forfeiture actions against identified violators, as appropriate; and
WHEREAS, the undersigned agencies have the authority under Part 1, Chapter 23, Florida
Statutes, "the Florida Mutual Aid Act," to enter into a voluntary agreement for cooperation and
assistance of a routine law enforcement nature that crosses jurisdictional lines; and
WHEREAS, the subscribing law enforcement agencies are so located in relation to each other
that it is to the advantage of each to receive and extend mutual aid in the form of law
enforcement services and resources to adequately respond to continuing, multi jurisdictional
criminal activity, so as to protect the public peace and safety, and preserve the lives and
property of the citizens; and
WHEREAS, this agreement does not supercede or take the place of any other agreement
entered into by the various members of the Child Abduction Response Team. Those
agreements shall remain in full effect.
NOW THEREFORE, the parties agree as follows:
As acknowledged by their execution of this Agreement, each of the undersigned law
enforcement agencies approve, authorize and enter into this Agreement at the request of the
member agencies of the Child Abduction Response Team and the Florida Department of Law
Enforcement (FDLE), subject to the terms and conditions noted herein, for the purposes and
goals indicated.
Additional parties may, at the request and with the approval of FDLE and the other Child
Abduction Response Team members, enter in this Agreement at a later date as evidenced by
their signing of the Agreement. Any party may cancel its participation in the Agreement upon
delivery of written notice of cancellation to the Florida Department of Law Enforcement.
CHILD ABDUCTION RESPONSE TEAM GOALS AND COOPERATION TO BE RENDERED:
The primary goal of the Child Abduction Response Team is to provide a pool of specialized
investigators which are available to focus dedicated and intensive investigative, preventative,
and general law enforcement efforts primarily with regard to cases involving abducted Child. To
provide for voluntary cooperation, each of the Child Abduction Response Team agencies
hereby approve and enter into this agreement whereby each of the agencies may request and
render law enforcement assistance to Child Abduction Response Team member agencies, or
other, in dealing with any violations of law including, but not limited to, the investigation, arrest
1
• and prosecution of those involved in criminal child kidnapping, abduction, false imprisonment
and similar or related violations (utilizing state and federal law and prosecutions, as
appropriate), the rescue of the abducted child and the seizure and forfeiture of assets of those
engaged in child abduction or otherwise supporting such activity (utilizing state and federal
forfeiture options, as appropriate).
Nothing herein shall otherwise limit the ability of participating Child Abduction Response Team
members to provide, as provided by or allowed by law, such assistance in any enforcement
action as may be lawfully requested by a law enforcement officer having jurisdiction over an
incident, crime or matter under consideration.
The parties to this Agreement are contributing personnel and resources in support of the Child
Abduction Response Team efforts, with the operations of the Child Abduction Response Team
being coordinated with FDLE and other agency members.
JURISDICTION, PROCEDURES FOR REQUESTING ASSISTANCE,
COMMAND AND SUPERVISORY RESPONSIBILITY:
Jurisdiction: The principal sites of Child Abduction Response Team activity shall be in Orlando,
Orange County, Florida; Daytona Beach, Volusia County, Florida; Melbourne, Brevard County,
Florida; and Ft. Pierce, St. Lucie County, Florida. When engaged in Child Abduction Response
Team operations that have been approved by the Florida Department of Law Enforcement, as
contemplated by this Agreement, Child Abduction Response Team members that do not
•
otherwise have jurisdictional authority shall enjoy full jurisdictional authority anywhere in the
• State of Florida, although principally focused within the counties of the FDLE Orlando Region,
with full power to enforce Florida laws and avail themselves of the provisions of this Agreement.
Officers assigned to Child Abduction Response Team operations pursuant to this agreement
shall be empowered to render enforcement assistance and take enforcement action in
•
accordance with the law and the terms of this Agreement. Execution of this agreement and
continued participation by FDLE and one or more Child Abduction Response Team member
agencies shall constitute a general reciprocal, continuing request for and granting of assistance
between the members of the Team that shall be considered authorized in accordance with the
provisions of this Agreement. No additional or specific formal request for assistance is required.
Child Abduction Response Team members operating outside the jurisdiction of their respective
Agencies shall not enjoy extra jurisdictional authority as law enforcement officers unless
engaged in approved Child Abduction Response Team activities as stated herein. Pursuant to
Section 23.127(1), Florida Statues, -employees and agents of the undersigned Agencies
participating in the Child Abduction Response Team 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 political
subdivision in which the employee is normally employed.
Procedure for Requesting and Authorizing Assistance: Activities shall be considered authorized
only when approved and directed as provided herein by an FDLE supervisor or command
designee. The CART will normally function as a force multiplier for the requesting agency, and
the requesting agency will remain as the lead agency in overall control of the investigation,
unless the requesting agency has formally asked that the CART, under FDLE supervision or
other FDLE approved supervision, assume control of the investigation. The parties stipulate
that in the event that a significant investigative or jurisdictional dispute should arise, the issue
will immediately be forwarded to the relevant agency chief executives for resolution. If at
anytime an FDLE supervisor or FDLE special agent designee(s) determines that an extra-
territorial Child Abduction Response Team operation pursuant to this agreement should be
terminated, said operation is to be promptly terminated in a manner assuring the safety of all
involved law enforcement officers.
2
• No Child Abduction Response Team member or agent shall engage in activities outside the
jurisdictional territory of the Child Abduction Response Team pursuant to the authority of this
Agreement that are not approved, are unreported or otherwise unknown to the FDLE supervisor
and which are not documented as provided herein. The FDLE supervisor(s) shall maintain
documentation that will demonstrate the daily involvement of specific employees or agents
provided by the parties to this Agreement, including each operation's supervisor or designated
leader. Such documentation will assist in memorializing which individuals had mutual aid
authority pursuant to this Agreement for particular time periods.
After consultation with other participating Child Response Team agencies, FDLE may
request that a particular employee or agent of the Child Abduction Response Team no longer
be allowed to participate in furtherance of this provision of the Agreement. Upon receiving the
request, the employing agency shall promptly terminate said person's participation in the
activities contemplated by this provision of the Agreement. Upon the request of a participating
Agency that a swom or support member of the FDLE no longer participate in the Child
Abduction Response Team, FDLE shall, if otherwise in FDLE's best interest to do so, terminate
said member's participation in the Child Abduction Response Team. With the approval of
FDLE, a Party to this Agreement may otherwise add, substitute, reinstate, or replace any of its
sworn or support employees participating in the Child Abduction Response Team.
Whenever an operation occurs outside the territorial limits of the FDLE Orlando Regional
Operations Center, an Assistant Special Agent in Charge (ASAC) for the FDLE office in the
region affected shall be notified about the presence of Child Abduction Response Team
personnel in his or her region. Local law enforcement in the area of operation will be notified,
as appropriate.
Nothing herein shall otherwise limit the jurisdiction and powers normally possessed by an
employee as a member of the employee's Agency.
FORFEITURE ACTIONS ARISING FROM THIS AGREEMENT:
Forfeiture actions based upon seizures made by the Child Abduction Response Team may be
pursued in either state or federal actions. Actions shall be based upon current statutory and
case law. Distribution of the proceeds shall be shared equally among the participating
agencies, or as otherwise determined by written agreement.
PROPERTY AND EVIDENCE:
All property and evidence, including currency, seized in connection with state violations,
pursuant to this Agreement, outside the regular jurisdictional boundaries of the Child Abduction
Response Team, but within Florida, shall be taken into custody and processed by an FDLE
Special Agent in accordance with FDLE policy relating to the handling of property, evidence and
currency.
When such items. are seized within the regular jurisdictional boundaries for the Child Abduction
Response Team, in connection with state violations, the items may be processed and
maintained by the lead agency, and agency with jurisdiction or as otherwise agreed upon.
If and when the investigation becomes a federal case or inquiry, any such property and
evidence will be taken into custody and processed by the Federal Bureau of Investigation or be
handled pursuant to their directions.
3
LIABILITY AND COST - RELATED ISSUES:
• Each party engaging in any mutual cooperation and assistance pursuant to this Agreement
agrees to assume its own liability and responsibility for the acts, omission, or conduct of such
party's own employees while such employees are engaged in rendering such aid, cooperation
and assistance pursuant to this Agreement, subject to the provisions of Section 768.28, Florida
Statutes, where applicable, and subject to other relevant state and federal law.
Each party to this Agreement agrees to fumish necessary personnel, property, police
- - - equipment, vehicles, resources and facilities to render services to each other -party to this -
Agreement in order to affect the purposes of the Child Abduction Response Team and agrees to
bear the cost of loss or damage to such equipment, vehicles, or property. Parties understand
and agree that they will be responsible for their own liability and bear their own costs with
regard to their property and resources. This provision shall not preclude necessary property or
resources being purchased, funded, or provided by a participating party via the party's legally
vested forfeiture funds, if otherwise authorized by law.
Each Agency fumishing aid pursuant to this Agreement shall compensate its own employees
during the time such aid is rendered and shall defray the actual expenses of its employees while
they are rendering such aid; including any amounts, if legally applicable, that may be
determined to be due for compensation due to personal injury or death while such employees
are engaged in rendering such aid. The privileges and immunities from liability, exemption from
laws, ordinances, and rules, and all pension, insurance, relief, disability, workers' compensation,
salary (including overtime compensation or compensatory time), death and other benefits that
apply to the activity of an employee of an Agency when performing the employee's duties within
the territorial limits of the employee's Agency shall apply to the employee to the same degree,
manner, and extent while such employee acts under this Agreement. This provision shall not
preclude payment of compensation, including overtime compensation, for its personnel utilizing
its legally vested forfeiture funds or other funding sources to be the extent allowed by law.
Each party agrees to maintain its own comprehensive general liability insurance, professional
liability insurance, as required and automotive liability insurance or maintain a self - insuring fund
for the term of this Agreement in the amounts determined by each party to adequately insure
such party's liability assumed herein. But for Florida law enforcement officers, in no event shall
such coverage be less than the state statutory waiver of sovereign immunity limits. If requested,
each party agrees to provide the other parties with proof of the insurance or self- insurance
required hereunder. Federal participants will be governed by applicable federal laws
conceming the above liability issues.
COMPLAINTS AGAINST CHILD ABDUCTION RESPONSE TEAM MEMBERS:
Whenever a complaint has been lodged as a result of Child Abduction Response Team efforts
outside their jurisdictional boundaries pursuant to this Agreement, a designee of the FDLE shall
ascertain at a minimum:
The identity(ies) of the complainant(s) and an address where the complainant(s) may be
contacted, the nature of the complaint, any supporting evidence or facts as may be available,
including the names and addresses of witnesses to that which has been complained about, the
identity(ies) of the Child Abduction Response Team participant(s) accused and the employing
Agency(ies) of the participant(s) accused.
FDLE will promptly provide to each affected employing Agency the above information for
administrative review and appropriate handling or disposition. Each affected employing Agency
shall, upon completion of said review, notify FDLE of its findings and any actions taken.
4
Federal agency participants will handle any complaints against their personnel while such
federal personnel are involved in CART operations.
COPY TO EACH PARTICIPATING CHILD ABDUCTION RESPONSE TEAM MEMBER:
When this Agreement is fully executed, a copy shall be provided to each Child Abduction
Response Team member so that each member may be fully aware of the powers, limitations,
and expectations applicable to Child Abduction Response Team members and operations.
TERM OF AGREEMENT:
This Agreement shall be effective as to the executing Parties upon execution by the member
agencies of the Child Abduction Response Team and the FDLE. As each additional Party
executes this Agreement, it shall be effective as to the newly executing Party. 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 signified by properly
signing a separate signature page, a copy of which shall be returned to, and maintained by, the
Florida Department of Law Enforcement, Mutual Aid Coordinator, P.O. Box 1489, Tallahassee,
Florida 32302 -1489 with the original provided to the Special Agent in Charge, Florida
Department of Law Enforcement, 500 W. Robinson Street, Orlando, Florida 32801.
This Agreement shall remain in full force as to all participating Parties until December 31, 2012,
unless terminated in writing by the FDLE as to all or separate Parties. This agreement may be
renewed, amended, or extended only in writing. Any party may withdraw from this Agreement
upon providing written notice to FDLE and all other participating parties. Any written cancellation
or extension shall be initially forwarded to the FDLE Orlando address noted above.
In the event that a party agency has a change of Chief Executive Officer during the term of this
Agreement, the party agency may continue participation in the CART for the term of this
Agreement by having the new Chief Executive sign and submit a new signature page indicating
the party agency's continued desire to participate in the CART.
5
Party's Acceptance of the Voluntary Cooperation Mutual Aid Agreement among the
member Agencies of the Child Abduction Response Team.
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 and any
further evidence of authorization you wish to remain on file at FDLE along with signature page.
* * * * * * **
* * * * * * * * * * *** * * * * * * * * * * * **
F • the Flo da De artment of Law Enforcement (FDLE):
Gerald 'arr'1
Executive Direc or, Florida Department of Law Enforcement
/ JD /'J
Date
6
• Party's Acceptance of the Voluntary Cooperation Mutual Aid Agreement among the
Member Agencies of the Child Abduction Response Team.
Pursuant to F.S.23.1225(3), this agreement may be entered into by a Chief Executive Officer of
the agency that 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 and any
further evidence of authorization you wish to remain on file at FDLE along with this signature
page. ***
For the Winter Springs Police Department:
egam
Kevin P. Brunelle, Chief
o6- 3o -o
Date
•
MEMORANDUM OF UNDERSTANDING
This Memorandum of Understanding is entered into by and between the
WINTER SPRINGS Police Department and the Florida Department of Law
Enforcement, in furtherance of their respective duties under law for the purpose
of facilitating investigations of incidents as described hereafter. The WINTER
- SPRINGS Police Department and the Florida Department of Law Enforcement
(FDLE) agree as follows:
1. The occurrence of any of the following predicate events will initiate
investigative and forensic involvement, assistance or coordination by
FDLE:
a. The shooting of a person by an WINTER SPRINGS Police
Department law enforcement officer acting in the line of duty; or
b. The death of an WINTER SPRINGS Police Department arrestee
while in the care, custody or control of an law enforcement
officer, the death of an arrestee shortly after being in care,
custody or control of an law enforcement officer or the death of
an intended arrestee during an arrest attempt by an WINTER
SPRINGS Police Department law enforcement officer.
2. Upon the occurrence of any of the enumerated predicate events, the
ranking WINTER SPRINGS Police Department member on the scene will
insure that emergency medical services are provided to injured persons
and that a secure crime scene perimeter is established with restricted
access. Only emergency medical personnel, crime scene technicians,
medical examiner personnel, State Attorney personnel, investigating
FDLE members and other law enforcement investigators assisting
FDLE will be permitted inside the crime scene perimeter. The ranking
WINTER SPRINGS Police Department member will then insure that the
Orlando Regional Operations Center is promptly contacted and
requested to dispatch an FDLE Critical Incident Team to initiate an
investigation and to coordinate crime laboratory services at the scene.
FDLE will notify the State Attorney as soon as reasonably possible.
.. Pending arrival of the FDLE Critical Incident Team, the ranking WINTER
SPRINGS Police Department member will insure that the scene remains
secured, that physical evidence and documentation is protected and
preserved and that all law enforcement and citizen witnesses are
identified and separated pending initial interview. If feasible, the
ranking WINTER SPRINGS Police Department member will insure that
arrested persons at the scene are detained pending the arrival of the
FDLE Critical Incident Team. The ranking WINTER SPRINGS Police
Department member will also provide any assistance requested by
FDLE during and after the on -scene investigation has been concluded,
such as additional collection of evidence from suspects, vehicles, or
involved law enforcement personnel, as well as the securing of other
evidence such as radio communications tapes. The ranking WINTER
SPRINGS Police Department member will also coordinate with local law
enforcement in any necessary crowd control efforts.
4. Upon receipt of notification from WINTER SPRINGS Police Department
that any of the enumerated predicate events have occurred, the
appropriate FDLE Regional Director or designee will immediately
implement an investigation pursuant to FDLE Procedures governing
Use of Force /Investigations Concerning the Use of Deadly or Other
Force by a Law Enforcement Officer and Incidents of In Custody Death,
which are incorporated herein by reference. FDLE wilt promptly -
coordinate the dispatch of the Critical Incident Team together with the
appropriate crime . laboratory personnel, medical examiner personnel,
State Attorney personnel and any additional law enforcement personnel
which are required.
5. FDLE will assume operational direction of investigations and forensic
assistance or coordination initiated pursuant to this Memorandum of
Understanding. FDLE may request the assistance of WINTER SPRINGS
Police Department personnel or personnel from other law enforcement
agencies.
6. WINTER SPRINGS Police Department will retain overall direction and
responsibility for any intemal or administrative investigations initiated in
response to the occurrence of any of the enumerated predicate events.
However, the parties agree that criminal investigative efforts take
precedence over any intemal or administrative investigations conducted
by WINTER SPRINGS Police Department. No internal report or statement
authored or obtained by WINTER SPRINGS Police Department
personnel involved in the subject incident that has been provided to
WINTER SPRINGS Police Department under order or policy shall be
provided, or its contents revealed, to the criminal investigative team or
the prosecutor until such time as the criminal investigative team and the
FDLE Office of General Counsel agree that the criminal investigation
will not be adversely impacted by any potential for immunity that my
attach to any such statement. The criminal investigative team and the
FDLE Office of General Counsel may consult with the prosecutor to
determine whether such statement may adversely impact any
subsequent criminal prosecution. However, the criminal investigative
team and the FDLE Office of General Counsel will make the final .
determination regarding use of such statements in FDLE's
investigations. To help assure that the criminal investigation is not
impeded or negatively affected by internal or administrative
investigative efforts, WINTER SPRINGS Police Department internal or
administrative investigation shall be initiated only after the criminal
investigative efforts have been concluded or when otherwise specifically
authorized by the FDLE's investigative team.
7. The parties agree that WINTER SPRINGS Police Department may issue
initial press statements acknowledging an incident, reporting the status
of the law enforcement officer(s) involved in the incident, and referral to
the investigative process. At the appropriate stage(s) of an
investigation initiated under this Memorandum of Understanding, FDLE
will forward copies of all investigative reports and investigative
summaries to the State Attorney having jurisdiction over the case and to
WINTER SPRINGS Police Department for review. Transmittal of reports
•
and summaries will be done so as to preserve any applicable
exemptions from public disclosure and to maintain any confidentiality
of information that may apply. Any press release related to
investigative activities and responses to public records requests shall
be coordinated jointly by the involved agencies to assure that
disclosure, if any, is appropriate and timely.
8. FDLE will submit all final reports to the State Attomey for review.
FDLE will report the material factual findings of the investigative but
will not offer recommendations or reach legal conclusions concerning
whether the force used, if any, was justified.
9. The parties acknowledge that the Office of the State Attomey or
another law enforcement agency may assert primary jurisdiction and
responsibility of investigations such as are contemplated in this
Memorandum of Understanding. Absent the consent of the agency
with primary jurisdiction, FDLE and WINTER SPRINGS Police
Department will defer to that agency and refrain from participation in
the investigation of the incident, but FDLE will provide forensic
assistance as requested by the lead investigating agency.
10. This Memorandum of Understanding represents the entire agreement
between the parties on this subject matter. Any alteration or
amendment of the provisions of this agreement shall be in writing,
duly signed by authorized personnel of each of the parties and the
attached to the original of this agreement.
11. This agreement shall become effective on the date signed by the
FDLE Special Agent in Charge and may be terminated upon thirty (30)
days notice by mutual agreement of the parties.
12. Unless unforeseen circumstances arise, FDLE shall complete the
investigation and submit the case packet to the Office of the State
Attorney within forty -five (45) days. •
Joyck Dawley, Special gent in Charge Date
r' igavriA o -30 -o
Chief Kevin P. Brunelle Date
Winter Springs Police Department
FDLE Criminal Justice User Agreement
A'1!(,1 1
CRIMINAL JUSTICE USER AGREEMENT . .
This Agreement, is entered into between the Florida Department of Law Enforcement
(hereinafter referred to as FDLE), an agency of the State of Florida with headquarters at
2331 Philips Road, Tallahassee, Florida and the
Winter Springs Police Department
with headquarters at
300 North Moss Road Winter Springs Fl 32708
with the primary ORI of: F105900600 , (hereinafter referred to as the User).
Whereas, FDLE is authorized by law to operate and regulate the Criminal Justice
Network (hereinafter CJNet) as an intra- agency information and data - sharing network
for use by the state's criminal justice agencies;
Whereas, FDLE is authorized by law to establish and operate the Florida Crime
Information Center (hereinafter FCIC) for the exchange of information relating to crimes,
criminals and criminal activity;
Whereas, FDLE participates in the National Crime Information Center (hereinafter
NCIC), a service of the United States Department of Justice, the Interstate Identification
Index (hereinafter III), and the International Justice and Public Safety Information
Sharing Network (hereinafter NLETS), and serves as Florida's Criminal Justice
Information Services (CJIS) Systems Agency (CSA) for the interstate transmission of
criminal justice information to and from agencies in Florida and agencies in the
continental United States, Alaska, Hawaii, U.S. Virgin Islands, Canada and Puerto Rico;
Whereas, the User requires access to intrastate and interstate criminal justice
information systems provided by FDLE through the CJNet in order to effectively
discharge its public duties;
Whereas,. FDLE will facilitate local law enforcement and other criminal justice agencies'
requests to participate in the information services provided on CJNet, provided the User
agrees to abide by applicable federal and state laws; administrative code, and all
policies, procedures and regulations related to these systems. FDLE retains full control
over the management and operation of CJNet and FCIC.
Therefore, in consideration of the mutual benefits to be derived from this Agreement,
the FDLE and the User do hereby agree as follows:
(This User Agreement is designed for use with all Florida criminal justice agencies. If
the User does not perform a specific function, the provisions regarding that function will
not apply to the User.)
Jan 2009 Page 1 of 15
FDLE Criminal Justice User Agreement
SECTION I FCIC /NCIC /CJNET FDLE REQUIREMENTS
FDLE is duly authorized and agrees to ensure access to the information services
provided on CJNet and adhere to the following:
1. Serve as the CSA for the State of Florida and provide the User with access to
criminal justice information as is available in the FCIC /NCIC and 111 systems and
NLETS through CJNet, and to serve as the means of exchanging criminal justice
information between the User and other criminal justice agencies on CJNet.
2. Provide the opportunity for CJIS certification /re- certification and CJIS Security
Awareness training.
3. Provide the User with information concerning privacy and security requirements
imposed by state and federal laws, rules and regulations.
4. Provide state criminal history record check services for non - criminal justice
purposes as provided by law.
5. Act as the central state repository; provide identification, record keeping, and
exchange of Criminal History Record Information (CHRI) services.
6. Facilitate access, using CJNet, to other information applications or systems that
the User may be authorized to access.
SECTION II FCIC /NCIC /CJNET USER REQUIREMENTS
By accepting access as set forth above, the User agrees to adhere to the following to
ensure continuation of access:
1. USE OF THE SYSTEM: Use of the CJNet and any system accessed via the
CJNet is restricted to the administration of criminal justice or as otherwise
specifically authorized or required by statute. Information obtained from the
FCIC /NCIC files, or computer interfaces to other state or federal systems, by
means of access granted through CJNet, can only be used for authorized
purposes in compliance with FCIC /NCIC and III rules, regulations and operating
procedures, and state and federal law. It is the responsibility of the User to insure
access to CJNet is for authorized purposes only, and to regulate proper use of the
network and information at all times. The User must establish appropriate written
standards, which may be incorporated with existing codes of conduct, for
disciplining violators of this and any incorporated policy.
If the User provides an interface between FDLE and other criminal justice agencies
it must abide by all of the provisions of this agreement. Agencies that access
FDLE systems by interfacing through other agencies must, likewise, abide by all
provisions of this agreement. An Interagency User Agreement is required when
access to CJNet is provided by the User to another agency.
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FDLE Criminal Justice User Agreement
a. MESSAGES: Only law enforcement and other criminal justice messages
shall be sent over and through the CJNet. All messages will be treated as
privileged unless otherwise indicated. User should make prudent use of
_ regional and statewide broadcast message requests. All messages must use
plain English text in the message.
b. COMPLIANCE: Access FCIC /NCIC and other CJNet applications in strict
compliance with applicable CJNet, FCIC, NCIC, III and NLETS policies
including, but not limited to, policies, practices and procedures relating to:
i) TIMELINESS: FCIC /NCIC records must be entered, modified, located,
cleared, and canceled promptly in order to ensure system accuracy
and effectiveness. Users that perform FCIC /NCIC updates for other
agencies must comply with timeliness requirements for the records
entered for the serviced agencies as well.
ii) HOT FILE ENTRIES: User agencies that have personnel dedicated to
maintain a 24 -hour, seven -day a week FCIC /NCIC operation will be
allowed to make entries into the FCIC /NCIC Hot Files.
(a) Users making entries for another law enforcement agency must
execute an Interagency Agreement outlining each agency's
responsibilities.
•
(b) Adult Warrants, Missing Persons and all property records of the
FCIC Hot File records, entered by state and local agencies, will be
made available to the public on the Internet via the FCIC Public
Access System (PAS), unless explicitly flagged by the User for
exclusion.
iii) QUALITY ASSURANCE: Appropriate and reasonable quality
assurance procedures must be in place, including second party
verification during entry, to ensure all entries in FCIC /NCIC are
complete, accurate, and valid.
iv) VALIDATION: The User must validate all records that the User has
entered into the system for accuracy and retention. To be in
compliance with FCIC /NCIC rules, regulations and operating
procedures, the User must ensure each record is modified to confirm
the successful validation of each record on file in FCIC /NCIC. Failure
to modify a record to indicate validation may result in its removal from
the file. Users that make entries into the FCIC /NCIC Hot Files are
responsible for maintaining written validation procedures.
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FDLE Criminal Justice User Agreement
v) HIT CONFIRMATION: The User must comply with FCIC /NCIC rules,
regulations and operating procedures by responding to the hit
confirmations in a timely manner (within ten minutes or one -hour
depending on priority).
vi) DISSEMINATION: Information obtained from the FCIC /NCIC hot files,
CJNet or computer interfaces to other state or federal systems, by
means of access granted pursuant to Section 943.0525, F.S., can only
be used for official criminal justice purposes.
Compliance with Chapter 119, F.S., is accomplished by directing
record requests to FDLE per Chapter 11 C -6, F.A.C., and section
943.053(3), F.S. It is the responsibility of the User to ensure that
access to the CJNet is for authorized criminal justice purposes only,
and to regulate proper access to and use of the network and
information at all times.
The User will disseminate CHRI derived from federal records or
systems only to criminal justice agencies and only for criminal justice
purposes. Criminal justice purposes include criminal justice
employment screening.
The User, if functioning in the capacity of a pretrial release program or
providing CHRI for a pretrial release program, may disseminate Florida
public record information only, in compliance with s. 907.043 (3)(b)7,
F.S., which requires "[e]ach pretrial release program [to] prepare a
register displaying information that is relevant to the defendants
released through such a program." This dissemination shall be
restricted to county probation services offices and those criminal
justice entities providing the probation offices with information obtained
via the FCIC II message switch for the administration of criminal
justice.
vii) RETENTION: Criminal history records, whether retrieved from III or
the state system, which the User maintains, must be kept in a secure
records environment to prevent unauthorized access.
(a) Retention of criminal history records, whether retrieved from III or
the state system, for extended periods should only be considered
when the time sensitivity of the specific record is important.
(b) When retention of criminal history records, whether retrieved from
III or the state system, is no longer required, final disposition will be
accomplished in a secure manner in compliance with state law,
FCIC /NCIC and III rules, regulations and operating procedures to
preclude unauthorized access.
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FDLE Criminal Justice User Agreement
(c) Because CHRI may become outdated at any time, a current
criminal history record check should be performed whenever CHRI
is used or relied upon by the User. Entry or retention of criminal
history records in a separate or local database would be
inconsistent with this principle, and is therefore discouraged. The
retention of criminal history records, whether retrieved from III or
the state system, in a secondary (non -FDLE) database is not
authorized by law.
viii) CRIMINAL HISTORY TRANSMISSION: Any electronic device that
uses wireless or radio technology to transmit voice data may be used
for the transmission of CHRI only when an officer determines there is
an immediate need for this information to further an investigation or
there is a situation affecting the safety of an or the public.
A facsimile machine may be used to transmit criminal history
information between criminal justice agencies, provided both agencies
have an NCIC Originating Agency Identifier (ORI) and are authorized
to receive criminal history information. Appropriate measures must be
taken to prevent unauthorized viewing or receipt by unauthorized
persons
ix) LOGGING: Each interface agency accessing FCIC /NCIC Hot File and
III systems shall ensure that an automated log is maintained. The Hot
File portion of this log must be maintained for a minimum of twelve
months, and the III portion must be maintained for a minimum of four
years.
(a) Automated logging is a feature included in the application
software provided by FDLE, and local agencies are encouraged
to retain these logs for future reference. Users purchasing or
developing an interface to FCIC must ensure logging is an
included feature.
(b) The automated transaction log must identify: the operator on all
transactions, the agency authorizing all transactions, the
requester and secondary recipient for all criminal history
transactions. This information can be captured at log -on and can
be a name, badge number, serial number, or other unique
identifier.
(c) The User may only disseminate information to another authorized
recipient and must maintain a record of any dissemination of state
or federal criminal history information. This record will reflect at a
minimum: (1) date of release; (2) to whom the information
relates; (3) to whom the information was released; (4) the State
Identification (SID) and /or the FBI number(s); and (5) the purpose
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FDLE Criminal Justice User Agreement
for which the information was requested. The User must also be
able to identify the reason for all III inquiries upon request from
the FBI or FDLE.
x) INFORMATION ACCESS: The User will allow only properly screened,
authorized personnel performing a criminal justice function who have
received proper security training to have access to information
contained within the CJNet, FCIC /NCIC or other state criminal justice
information system files. The User will also provide assistance to other
criminal justice agencies not equipped with direct FCIC access in
compliance with FCIC /NCIC and III rules, regulations and operating
procedures, but only to the extent that such assistance is not otherwise
prohibited.
(a) The User will ensure that all personnel who initiate a transaction to •
the FCIC II message switch are current in CJIS certification.
(b) The User will ensure that persons allowed to complete CJIS
certification are at least 18 years of age and are U.S. citizens or
have a valid immigration status /visa.
FDLE reserves the right to deny FCIC, CJNet or related programs/
systems access to any individual based on valid, articulable concerns
for the security and integrity of FCIC, CJNet or related programs/
systems.
xi) WORKSTATION: FDLE is not responsible for the workstation
acquisition, maintenance, operation, repair; supplies or workstation
operation personnel costs. The User must notify FDLE immediately,
should an FCIC /NCIC workstation malfunction or become inoperable.
All costs associated with returning the workstation to operation, other
than CJNet costs, will be the User's responsibility. FDLE will assist
with executing trouble- shooting procedures.
•
c. Interface Operations: For systems implemented after December 31, 2008,
the User will ensure that all automated interfaces that programmatically (i.e.,
without human intervention) generate transactions to the FCIC II message
switch are restricted to no more than one transaction per second per
interface.
2. AUDITS: All agencies having access to CJNet, FCIC /NCIC and the III data shall
permit an FDLE appointed inspection team to conduct inquiries with regard to any
allegations or potential security violations, as well as for routine audits.
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FDLE Criminal Justice User Agreement
FDLE conducts regularly scheduled compliance and technical security audits of
every agency accessing the CJNet to ensure network security, conformity with
state law, and compliance with all applicable FDLE, CJNet, FCIC /NCIC and III
rules, regulations and operating procedures. Compliance and technical security
audits may be conducted at other than regularly scheduled times. - - -
3. TRAINING: The User is responsible for complying with training requirements
established in CJIS Security Policy and the rules, regulations, and policies
established by FCIC /NCIC, III, FDLE and other CJNet applications. The User is
responsible for remaining current in the applications, procedures, and policies and
ensuring personnel attend these training sessions.
a. Only operators who have successfully completed CJIS certification shall be
allowed to have unsupervised access to the FCIC /NCIC system.
b. FCIC /NCIC operators who are in their initial six months of assignment may be
permitted supervised access to FCIC /NCIC. Operators must successfully
complete CJIS certification within six months of appointment or assignment to
duties requiring direct access to FCIC /NCIC.
c. The User will require all personnel who initiate a transaction to the FCIC II
message switch to successfully complete CJIS Certification. The User
agrees to remove from FCIC /NCIC access any employee who fails to achieve -
required certification standards, whose certification has expired, whose
certificate is otherwise rescinded or as directed by FDLE.
d. The User will require all information technology (IT) personnel, including any
vendor who will in the course of their official duties initiate a transaction to the
FCIC 1I message switch, to successfully complete CJIS. certification.
e. The User will maintain certification records of all CJIS certified personnel in a
current status.
•
f. The User will require all IT personnel, including any vendor, responsible for
maintaining /supporting any IT component used to process, store or transmit
any unencrypted information to or from the FCIC II message switch, to
successfully complete the CJIS Online Security Training provided by FDLE.
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FDLE Criminal Justice User Agreement
4. RELOCATION: Should the User desire to relocate the data circuit(s) and /or
equipment connected to CJNet, the User must provide FDLE written notice
90 days' in advance of the projected move. All costs associated with the
relocation of the equipment and the data circuit(s), including delays in work order
dates, will be borne by User unless FDLE has funding to make changes without
charge. The repair and cost of any damages resulting from such relocation will be
the User's responsibility.
The User must also provide 90 days advance notice when requesting additional
access to FCIC /CJNet.
5. LIABILITY: The User understands that the FDLE, its officers, and employees shall
not be liable in any claim, demand, action, suit, or proceeding, including, but not
limited to, any suit in law or in equity, for damages by reason of, or arising out of,
any false arrest or imprisonment or for any loss, cost, expense or damages
resulting from or arising out of the acts, omissions, or detrimental reliance of the
personnel of the User in entering, removing, or relying upon information
transmitted through CJNet or in the FCIC /NCIC and NLETS information systems.
6. CRIMINAL HISTORY RECORDS: FDLE is authorized to establish an intrastate
automated fingerprint identification system (IAFIS) and an intrastate system for the
communication of information relating to crimes, criminals and criminal activity.
To support the creation and maintenance of the criminal history files, the User, as
appropriate, will:
a. Provide for inclusion in criminal history records information systems, adult and
juvenile criminal fingerprints on all felony arrests; adult criminal fingerprints on
all misdemeanors and comparable ordinance violation arrests; and juvenile
fingerprints on misdemeanor arrests specified at Section 943.051, F.S. The
submission of other juvenile misdemeanor arrest fingerprints is optional.
b. Provide security for CHRI and systems that process or store CHRI, and
security training for personnel who receive, handle or have access to CHRI.
c. Screen all personnel who will have direct access to CHRI and reject for
employment personnel who have violated or appear unwilling or incapable of
abiding by the requirements outlined in this agreement.
d. Defer to FDLEon any determination as to what purposes qualify for criminal
justice versus non - criminal justice designation, as well as with respect to
other purposes that may be authorized by law.
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FDLE Criminal Justice User Agreement
e. Pursuant to a signed interagency agreement as authorized by Florida
Statutes and /or federal regulations, the User may share state CHRI.
Dissemination of information requires compliance with all applicable statutes,
FCIC /NCIC and III rules, regulations and operating procedures, including
logging. - Agencies must maintain confidentiality of such record information - • - -
that is otherwise exempt from Section 119.07(1), F.S., as provided by law.
f. Provide security and establish policies to prevent unauthorized access to or
dissemination of sealed records.
SECTION HI SECURITY REQUIREMENTS
The User must ensure compliance with the FBI CJIS Security Policy and the rules,
regulations, policies and procedures established for CJNet, FCIC /NCIC, III and NLETS,
which include but are not limited to System Security, Personnel Security, Physical
Security, User Authorization, Technical Security, Dissemination of Information Obtained
from the Systems, and Destruction of Records. By accepting access as set forth above,
the User agrees to adhere to the following security policies in order to ensure
continuation of that access:
1. PERSONNEL BACKGROUND SCREENING and POLICY FOR DISCIPLINE: The
User is required to conduct a background investigation on all personnel who are
authorized to access FCIC /NCIC /III / CJNet data or systems, IT personnel who
maintain /support information technology components used to process, transmit or
store unencrypted data to and /or from the FCIC II message switch, and other
personnel accessing workstation areas that are unescorted by authorized
personnel.
Good management practices dictate the investigation should be completed prior to
employment, but it must, at a minimum, be conducted within the first thirty (30)
days of employment or assignment. The User may conduct a preliminary on -line
criminal justice employment check.
Before the background is completed the following requirements must be met:
a. The User must submit applicant fingerprints for positive comparison against
the state and national criminal history and for searching of the Hot Files.
b. If a record of any kind is found, the User will not permit the operator to have
access to the FCIC /NCIC system nor access workstation areas. The User
will formally notify the FDLE CJIS Systems Officer (CSO) indicating access
will be delayed pending review of the criminal history.
c. When identification of the applicant has been established by fingerprint
comparison and the applicant appears to be a fugitive, have pending criminal
charges; have an arrest history for a felony or serious misdemeanor; have
been found guilty of, regardless of adjudication, or entered a plea of nolo
contendere or guilty to any felony or serious misdemeanor; or to be under the
Jan 2009 Page 9 of 15
- TOLE Criminal Justice User Agreement
supervision of the court, the User will refer the matter to the FDLE CSO for
review.
d. Applicants who have been found guilty of, regardless of adjudication, or
• entered a plea of nolo contendere or guilty to a felony, will generally be
denied access to FCIC /NCIC. For applicants who have been adjudicated
guilty of or have had adjudication withheld on a misdemeanor, the User will
notify the CSO of the misdemeanor(s) and acknowledge an intent to permit
FCIC /CJNet access. Access will also generally be denied to any person
under court supervision for a criminal offense or against whom criminal
charges are pending. If a determination is made by FDLE that FCIC /NCIC
access by the applicant would not be in the public interest, such access will
be denied and the User will be notified in writing of the access denial.
e. Once the original background screening has been completed, if the -User
teams that a CJIS certified employee has a criminal history or pending
charge(s), the User will first determine if the pending charge(s) or record(s)
adversely affect(s) the employee's continued employment/access /status with
the User. if the employee is placed on leave, terminated or denied access to
FCIC by the User, as a result of any pending or unresolved charge(s), the
User will notify the CSO of the action taken. Generally, denial of access,
pending satisfactory resolution of any such charge(s), and notification to the
CSO of that action, will be deemed sufficient corrective action by the User.
If the User determines that no action is required while the charge(s) are
pending or unresolved; i.e., that the employee will continue to be allowed
access to FCIC, the User will notify the CSO and explain its rationale for
continued access. FDLE reserves the right, as CSA, to deny access to FCIC
and associated databases until any such charge(s) are resolved or the
situation is clarified.
f. The User will have a written policy for discipline of personnel who access
CJNet for purposes that are not authorized, disclose information to
unauthorized individuals, or violate FCIC /NCIC or III rules, regulations or
operating procedures.
2. PHYSICAL SECURITY: The User will determine the perimeter for the physical
security of devices that access or provide access to CJNet. Access shall be
limited as to allow completion of required duties. The User must have a written
policy that ensures and implements security measures, secures devices that
access FCIC /NCIC /CJNet and prevents unauthorized use or viewing of
information on these devices. The use of screen blanking software with password
protection is recommended for devices that access FCIC /NCIC when the operator
may leave the computer unsupervised. FDLE reserves the right to object to
equipment location, security measures, qualifications and number of personnel
who will be accessing FCIC /NCIC and to suspend or withhold service until such
matters are corrected to its reasonable satisfaction.
Jan 2009 Page 10 of 15
FDLE Criminal Justice User Agreement
3. ADMINISTRATIVE SECURITY: The User must designate individual agency
contacts to assist the User and FDLE with the information services covered by this
agreement. Training for these positions is provided by FDLE, and the User must
ensure that its designee is keenly aware of the duties and responsibilities of each
respective position. The User is required to provide FDLE with up -to -date contact- -
information.
a. TERMINAL AGENCY COORDINATOR: Agencies accessing the FCIC /NCIC
system must designate a Terminal Agency Coordinator (TAC) to ensure
compliance with FCIC /NCIC and III rules, regulations and operating
procedures, and to facilitate communication between FDLE and the User.
The TAC must maintain a current CJIS Certification. TACs appointed after
February 2005 must attend TAC training within six (6) months of being
assigned to the position.
•
b. INFORMATION SECURITY OFFICER: Agencies accessing the FCIC /NCIC
system and /or the CJNet, must designate an Information Security Officer
(ISO) to ensure security of the FCIC /NCIC workstations, the connection to
CJNet, and any access to the information services provided on CJNet to or by
the User.
c. CJNet POINT OF CONTACT: Agencies accessing applications using Public
Key Infrastructure (PKI) security certificates on CJNet must designate a Point
of Contact (POC). The POC will receive and approve the issuance and
revocation of PKI certificates for the User's members.
d. FCIC PUBLIC ACCESS SYSTEM (PAS) CONTACT: Agencies making
entries into the FCIC Hot Files must designate a PAS Contact. The PAS
Contact is responsible for any follow -up activities deemed appropriate by the
User in response to tips resulting from the posting of records on the PAS.
FDLE reserves the right to object to the Users appointment of a TAC, LAI, CJNet
Point of Contact or ISO based on valid, articulable concerns for the security and
integrity of FCIC, CJNet or related programs /systems.
4. TECHNICAL SECURITY
a. Dial -up services to FCIC /NCIC and CJNet will be permitted provided the User
establishes appropriate security measures to ensure compliance with all
rules, regulations, procedures, and the FBI CJIS Security Policy.
b. All FCIC /NCIC /III data transmitted over any public network segment must be
encrypted as required by the FBI CJIS Security Policy. This requirement also
applies to any private data circuit that is shared with non - criminal justice users
and /or is not under the direct security control of a criminal justice agency.
Jan 2009 Page 11 of 15
FDLE Criminal Justice User Agreement
-
c. The User must maintain, in current status, and provide upon request by FDLE
a complete topological drawing, which depicts the User's network
configuration as connected to CJNet. This documentation must clearly
indicate all network connections, service agencies and interfaces to other
information systems.- - - - --
d. The User will ensure only authorized criminal justice agencies or agencies
authorized by FDLE are permitted access to the CJNet via the User's CJNet
connection.
e. The User must ensure all devices with connectivity to CJNet employ virus
protection software and such software shall be maintained in accordance with
the software vendor's published updates.
f. FCIC and CJNet may only be accessed via computers or interface devices
owned by the User or contracted entity. Vendors under contract with the User
may be allowed access provided all requirements of the DOJ Security
Addendum are complied with and member security training is current.
g. The User will ensure that CJNet -only devices have a Windows or network
type password to prevent unauthorized access.
h. To ensure appropriate security precautions are in place, and upon approval
from the FDLE Network Administration staff, the User may employ wireless
network connectivity (for example the 802.11 wireless networking protocol).
5. COMPUTER SECURITY INCIDENT RESPONSE CAPABILITY: The User must
have a written policy documenting the actions to be taken in response to a
possible computer security incident. The policy should include identifying,
reporting, investigating and recovery from computer security incidents. The User
will immediately notify FDLE of any suspected compromise of the CJNet.
6. PENETRATION TESTING: The User shall allow the FBI and /or FDLE to
periodically test the ability to penetrate the CJNet through the external network
connection or system.
7. SECURITY AUTHORITY: All policies, procedures and operating instructions
contained in the FBI CJIS Security Policy and FCIC /NCIC, III and NLETS
documents, operating manuals and technical memoranda, are hereby
incorporated into and made a part of this agreement, except to the extent that they
are inconsistent herewith or legally superseded by higher authority.
8. CLIENT SOFTWARE LICENSE: The FCIC II Client Software (eAgent) license
from Diverse Computing, Incorporated is located in the Help menu of the eAgent
client software. The FCIC II Client Software (eAgent) license is made a part of
and incorporated by reference into this User Agreement and shall be binding on
the User upon acceptance of the software.
Jan 2009 Page 12 of 15
FDLE Criminal Justice User Agreement
9. PRIVATE VENDORS: Private vendors which, under contract with the User, are
permitted access to information systems that process FCIC /NCIC /III data, shall
abide by all aspects of the FBI CJIS Security Addendum. The contract between
the User and the vendor will incorporate the Security Addendum to ensure
adequate security of FCIC /NCIC /III data. The. User will maintain the Security
Addendum Certification form for each member of the vendor staff with access to
information systems that process FCIC /NCIC /III data. Private vendors permitted
such access should be aware of the provisions of s. 817.5681, regarding breach of
security of personal information.
10. PASSWORDS: The User will ensure that all personnel who initiate a transaction to
the FCIC II message switch have a separate and distinct password for the
software /interface used to initiate the transaction. The User will ensure that all
interfaces with the FCIC II message switch, operated by the User, follow the
password requirements as outlined in the FBI CJIS Security Policy.
11. INDIVIDUAL USER ACCESS: The User will deactivate individual user access to
eAgent and/or other FCIC interfaces, other CJNet applications, and FBI Law
Enforcement On -line (LEO), upon separation, reassignment or termination of
duties, provide individual user access is no longer required for the administration
of criminal justice.
SECTION IV MISCELLANEOUS REQUIREMENTS
1. FDLE has received funding from the United States Department of Justice and is
subject to and must demand intrastate users of its criminal history record services
adhere to US Code (28 U.S.C. section 534), State Statute (Chapter 943 F.S.),
Code of Federal Regulations (28 C.F.R. Part 20), Florida Administrative Cade
(Chapter 11C -6, F.A.C.), FCIC /NCIC and III rules, regulations and operating
procedures which this agreement incorporates both present and future.
2. PENALTIES AND LIABILITIES: Any non-compliance with the terms of this
Agreement conceming the use and dissemination of criminal history information
may subject the User's officers or employees to a fine not to exceed $11,000 as
provided for in the Code of Federal Regulations, Title 28, Section 20.25, and /or
discontinuance of service. Moreover, certain offenses against system security and
the information contained therein are crimes under Florida Statutes and can result
in criminal prosecution.
3. PROVISIONS INCORPORATED: The User shall be bound by applicable federal
and state laws, federal regulations and the rules of FDLE to the same extent that
the User would be if such provisions were fully set out herein. Moreover, this
Agreement incorporates both present and future law, regulations and rules.
4. TERMINATION: Either party may terminate this Agreement, with or without
cause, upon providing advanced written notice of 45 days. Termination for cause
includes, but is not limited to, any change in the law that affects either party's
Jan 2009 Page 13 of 15
FDLE Criminal Justice User Agreement
ability to substantially perform as originally provided in this Agreement. Should the
aforementioned circumstances arise, either party may terminate or modify the
Agreement accordingly.
FDLE reserves the right to terminate service, without notice, upon presentation of
reasonable and credible evidence that the User is violating this Agreement or any
pertinent federal or state law, regulation or rule.
5. MODIFICATIONS: Modifications to the provisions in this Agreement shall be valid
only through execution of a formal Agreement amendment.
6. ACCOUNTABILITY: To the extent provided by the laws of Florida, the User
agrees to be responsible for the negligent acts or omissions of its personnel
arising out of or involving any information contained in, received from, entered into
or through CJNet, FCIC /NCIC, III and NLETS.
7. ACKNOWLEDGEMENT: The User hereby acknowledges the duties and
responsibilities as set out in this Agreement. The User acknowledges that these
duties and responsibilities have been developed and approved by FDLE to ensure
the reliability, confidentiality, completeness, and accuracy of all records contained
in or obtained by means of the CJNet, including the FCIC /NCIC System. The User
further acknowledges that failure to comply with these duties and responsibilities
will subject its access to various sanctions as approved by the FBI Criminal Justice
Information Services Advisory Policy Board. These sanctions may include
termination of NCIC services to the User. The User may appeal these sanctions
through the CSA.
8. TERM OF AGREEMENT: This agreement will remain in force until it is
determined by FDLE that a new agreement is required. The User should initiate
the execution of a new agreement when a change of agency chief executive
occurs.
Jan 2009 Page 14 of 15
FDLE Criminal Justice User Agreement
IN WITNESS HEREOF, the parties hereto have caused this agreement to be executed
by the proper officers and officials.
NAME OF THE USER Winter Springs Police Department
USER CHIEF EXECUTIVE
Kevin P. Brunelle TITLE Chief of Police
{/�� (PLEASE PRINT)
/� Wr l
(SIGNATURE)
DATE O(i - 30- o
TITLE ji -ec.t 2 ,4iT
FLORIDA DEPARTMENT OF LAW ENFORCEMENT
BY" p3YW O p ..11.L,Z1' TITLE Di r>s r-tr,v
nn (( (� (PLEASE PRINT)
(SIGNATURE)
DATE (f j l o9
TITLE Vis1 1LC�Yt� 7 / 4 1�` 3
WITNE5S� ~ � 3 ��� - �J
Jan 2009 Page 15 of 15
)7- 14- 09P03 ;59 BCVD
STATE AND LOCAL HIDTA TASK FORCE AGREEMENT
"CENTRAL FLORIDA HIDTA"
This agreement is made this 1 day of October 2009, between the
United States Department of Justice, Drug Enforcement
Administration (hereinafter "DEA "), and the Winter Springs
Police Department (hereinafter "WSPD ").
Whereas there is evidence that trafficking in narcotics and
dangerous drugs exists in the Florida area and that such illegal
activity has a substantial and detrimental effect on the health
and general welfare of the people of Florida, the parties hereto
agree to the following:
1. The DEA Orlando HIDTA Heroin Task Force will perform the
activities and duties described below:
a. disrupt the illicit drug traffic in the Florida area by
immobilizing targeted violators and trafficking
organizations;
b. gather and report intelligence data relating to
trafficking in narcotics and dangerous drugs; and
c. conduct undercover operations where appropriate and
engage in other traditional methods of investigation in
order that the task force's activities will result in
effective prosecution before the courts of the United
States and the State of Florida.
2. To accomplish the objectives of the Heroin Task Force, the
WSPD agrees to detail one (1) experienced officer(s) to the
Heroin Task Force for a period of not less than two years.
During this period of assignment, the WSPD officers will be
under the direct supervision and control of DEA supervisory
personnel assigned to the task force.
3. The WSPD officers assigned to the task force shall adhere to
all DEA policies and procedures. Failure to adhere to DEA
policies and procedures shall be grounds for dismissal from the
task force.
4. The WSPD officers assigned to the task force shall be
deputized as task force officers of DEA pursuant to 21 USC 878.
5. To accomplish the objectives of the DEA Orlando Heroin Task
Force, DEA will assign four (4) Special Agents to the task
force. HIDTA will also, subject to the availability of annually
appropriated funds or any continuing resolution thereof, provide
necessary funds and equipment to support the activities of the
DEA Special Agents and WSPD officers assigned to the task force.
This_support will include: office space, office supplies travel
funds, funds for the purchase of evidence and information,
investigative equipment, training and other support items.
6. During the period of assignment to the DEA Heroin Task Force,
the WSPD will remain responsible for establishing the salaries
and benefits, including overtime, of the WSPD officers assigned
to the task force and for making all payments due them. HIDTA
will, subject to availability of funds, reimburse the WSPD for
overtime payments made by it to the WSPD officers assigned to
the DEA Heroin Task Force for overtime, up to a sum equivalent
to 25 percent of the salary of a GS -12, Step 1 (RUS) federal
employee, currently $ 16,903.25, per officer.
7. In no event will the WSPD charge any indirect cost rate to
DEA for the administration or implementation of this agreement.
8. The WSPD shall maintain on a current basis complete and
accurate records and accounts of all obligations and
expenditures of funds under this agreement in accordance with
generally accepted accounting principles and instructions
provided by DEA to facilitate on -site inspection and auditing of
such records and accounts.
9. The WSPD shall permit and have readily available for
examination and auditing by DEA, the United States Department of
Justice, the Comptroller General of the United States and any of
their duly authorized agents and representatives, any and all
records, documents, accounts, invoices, receipts or expenditures
relating to this agreement. The WSPD shall maintain all such
reports and records until all audits and examinations are
completed and resolved or for a period of three (3) years after
termination of this agreement, whichever is sooner.
10. The Winter Springs Police Department shall comply with Title
VI of the Civil Rights Act of 1964, Section 504 of the
Rehabilitation Act of 1973, the Age Discrimination Act of 1975,
as amended, and all requirements imposed by or pursuant to the
regulations of the United States Department of Justice
implementing those laws, 28 C.F.R. Part 42, Subparts C, F, G, H
and I.
11. The WSPD agrees that an authorized officer or employee will
execute and return to DEA the attached OJP Form 4061/6,
Certification Regarding Lobbying;-Debarment, suspension and
•
._.ler Responsibility Matters; and drug -Free Workplace
Requirements. The WSPD acknowledges that this agreement will not
_ take effect and no federal funds will be awarded until the _ _
completed certification is received.
12. When issuing statements, press releases requests for
proposals, bid solicitations and other documents describing
projects or programs funded in whole or part with federal money,
the WSPD shall clearly state: (1) percentage of the total cost
of the program or project which will be financed with federal
money and (2) the dollar amount of federal funds for the program
or project.
13. The WSPD understands and agrees that HIDTA will provide the
DEA Heroin Task Force Officers with vehicles suitable for
surveillance. HIDTA through DEA will furnish mobile radios for
installation in the HIDTA Task Force vehicles and HIDTA will
assume the cost of installation and removal. HIDTA will be
financially responsible for the purchase of fuel for the leased
vehicles and for providing routine maintenance, i.e., oil
changes, lubes and minor tune -ups via the HIDTA lease
contractor. DEA and HIDTA procedures for reporting and
investigating automobile accidents involving Official Government
Vehicles (OGV'S) -HIDTA lease vehicles shall apply to accidents
involving the leased vehicles furnished to the WSPD personnel,
in addition to whatever accident reporting requirements the WSPD
may have.
14. While on duty and acting on task force business, the WSPD
officers assigned to the HIDTA task force shall be subject to
• all DEA and federal government rules, regulations and procedures
governing the use of OGV's for home to work transportation and
for personal business. The HIDTA Executive Committee
acknowledges that the United States is liable for the actions of
task force officer, while on duty and acting within the scope of
their federal employment, to the extent permitted by the Federal
Torts Claim Act, 28 U.S.C. 2401 (b) 2671 -2680.
15. The term of this agreement shall be from the date of
signature by representatives of both parties to September 30,
2010. This agreement may be terminated by either party on 30
days advance written notice. Billings for all outstanding
obligations must be received by DEA within 90 days of the date
of termination of this agreement. HIDTA will be responsible only
for obligations incurred by WSPD during the term of this
agreement.
For the Drug Enforcement Administration:
• Date: • rk R, rouville
Special Agent in Charge
Miami Field Division
For the Winter Springs Police Department:
6Yt� 2 -- Date: -Wau c100
Kevin P. Brunelle
Chief
•
1 U.S. DEPARTMENT OF JUSTICE
OFFICE OF JUSTICE PROGRAMS
OFFICE OF THE COMPTROLLER
CERTIFICATIONS REGARDING LOBBYING; DEBARMENT, SUSPENSION AND
OTHER RESPONSIBILITY MATTERS; AND DRUG -FREE WORKPLACE REQUIREMENTS
Applicants should refer to the regulations cited below to determine the certification to which they are required to
attest. Applicants should also review the instructions for certification included in the regulations before completing this
from. Signature of this form provides for compliance with certification requirements under 28 CFR Part 69, "New
Restrictions on Lobbying" and 28 CFR Part 67, "Government -wide Department and Suspension (Nonprocurement) and
Government -wide Requirements for Drug -Free Workplace (Grants)." The certifications shall be treated as a material
representation of fact upon reliance will be placed when the Department of Justice determines to award the
covered transaction, grant, or cooperative agreement.
1. LOBBYING public (Federal, State, or local) transaction or contract under a
public transaction; violation of Federal or State antitrust
As required by Section 1352, Title 31 of the U.S. Code, and statutes or commission of embezzlement theft forgery.
implemented at 28 CFR Part 69, for persons entering into a bribery, falsification or destruction of records, making false
grant or cooperative agreement over 3100,000, as defined at statements, or receiving stolen property;
28 CFR Part 69, the applicant certifies that:
(c) Are not presently indicted for or otherwise criminally or
(a) No Federal appropriate funds have been paid or will be civil! charged by a governmental entity (Federal, State, or
paid, by or on behalf of the undersigned, to any person for in- local with commission of any of the offenses enumerated in
ftuencing or attempting to influence an officer or employee of paragraph (1)(b) of this certification; and
any agency, a Member of Congress, an officer or employee of
Congress, or an employee of a Member of Congress in con - (d) Have not within a three -year period preceding this applica-
nection with the making of any Federal grant,. the entering into tion had one or more public transactions (Federal, State, or
of any cooperative agreement, and extension, continuation, local) terminated for cause or default; and
renewal, amendment, or modification of any Federal grant or
cooperative agreement; B. Where the applicant is unable to certify to any of the
statements in this certification, he or she shall attach an
(b) ft any funds other than Federal appropriated funds have explanation to this application.
been paid or will be paid to any person for influencing or at-
tempting to influence an officer or employee of any agency, a
Member of Congress, an officer or employee of Congress or 3. DRUG -FREE WORKPLACE
an employee of a Member of Congress in connection with this (GRANTEES OTHER THAN INDIVIDUALS)
Federal grant or cooperative agreement, the undersigned shall
complete and submit Standard Form - LLL, "Disclosure of As required b the Drug -Free Workplace Act of 1988, and
Lobbying Activities," in accordance with its instructions; dep fined implemented 28 CFR Parr 67 67 615 and 67.20
(c The undersigned shall require that the language of this cer-
tification be included in the award documents for all subawards A. The applicant certifies that it will or will continue to provide
at all tiers (including subgrants, contracts under grants and a drug -free workplace by:
cooperative agreements, and subcontrads) and that all sub -
recipients shalt certify and disclose accordingly. (a) Publishing a statement notifying employees that the
unlawful manufacture, distribution, dispensing,, possession, or
use of a controlled . substance is prohibited in the grantee's
2. DEBARMENT SUSPENSION, AND OTHER workplace and specifying the actions that will be taken against
RESPONSIBILITY MATTERS employees for violation of such prohibition;
(DIRECT RECIPIENT)
(b) Establishing an on -going drug -free awareness program to
As required by Executive Order 12549 Debarment and inform employees about -
Suspension, and implemented at 28 CFR Fmrt 67, for prospec-
five participants in prima covered transactions, as defined at drugs abuse in the workplace;
28 CFR Part 67, Section 6 (1) The dangers of dru .510-
(2) The grantee's policy of maintaining a drug -free workplace;
A. The applicant certifies that it and its principals:
(3) Any available drug counseling, rehabilitation, and employee
(a) Are not presently debarred, suspended, proposed for debar- assistance programs: and
ment declared ineligible sentenced to a denial of Federal
benefits by a State or Federal court, or voluntarily excluded (4) The penalties that may, be imposed upon employees for
from covered transactions by any Federal department drug abuse violations occurring in the workplace;
or agency;
(c) Making it a requirement that each employee to be engaged
(b) Have not within a three -year period preceding this applica- in the performance of the grant be given a copy of the state-
lion been convicted of or had a civil judgment rendered against ment required by paragraph (a);
them for commission of fraud or a criminal offense in connec-
tion with obtaining, attempting to obtain, or performing a (d) Notifying the employee in the statement required by
paragraph (a) that, as a condition of employment under the
grant. the employee will -
OJP FORM 406116 (3 -91) REPLACES OJP FORMS 4061/2, 4062/3 AND 4061/4 WHICH ARE OBSOLETE.
(1) Abide by the terms of the statement; and
(2) Notify the employer in writing of his or her conviction for a
violation of a criminal drug statute occurring in the workplace
no later than five calendar days after such conviction;
(e) Notifying, the agency, in writing, within 10 calendar days
after receiving notice under subparagraph (d)(2) from an Check Li if there are workplace on file that are not identified
employee or otherwise receiving actual notice of such conic- here.
tion. Employers of convicted employees must provide notice
inctuding position title, to: Department of Justice, Office of Section 67, 630 of the regulations provides that a grantee that
Justice Programs, ATTN: Control Desk, 633 Indiana Avenue, is a State may elect to make one certification in each Federal
N.W., Washington D.C. 20531. Notice shall include the iden- fiscal year. A copy of which should be included with each ap-
tification number(s) of each affected grant: plication for Department of Justice funding. States and State
agencies may elect to use OJP Form 4061/7.
(f) Taking one of the following actions, within 30 calendar
days of receiving notice under subparagraph (d)(2), with Check L if the State has elected to complete OJP Form
respect to any employee who is so convicted- 4061/1.
(1) Taking appropriate personnel action against such an
employee, up to and including termination consistent with the DRUG - FREE WORKPLACE
requirements of the Rehabilitation Act of 1973, as amended; or (GRANTEES WHO ARE INDIVIDUALS)
(2) Requiring such employee to participate satisfactorily in a As required by the Drug -Free Workplace Act of 1988, and
drug abuse assistance or rehabilitation program approved for implemented al 28 CFR - Part 67, Subpart F, for grantees, as
such purposes by a Federal, State, or local health, law enforce- defined at 28 CFR Part 67; Sections 67.615 and 67.620 -
ment, or other appropriate agency;
A. As a condition of the grant, I certify that I will not engage
(g) Making a good faith effort to continue to maintain a drug - in the unlawful manufacture distribution, dispensing, posses -
free workplace through implementation of paragraphs (a), (b), sion, or use of a controlled substance in condition any
(c), (d), (e), and (f). activity with the grant; and
B. The grantee may insert in the space provided below the 8. If convinced of a criminal drug offense resulting from a
site(s) for the performance of work done in connection with violation occurring during the conduct of any grant activity, 1
the specific grant will report the conviction, in writing within 10 calendar days
of the conviction, to: Department of Justice, Office of Justice
Place of Performance (Street address, city, country, state, zip Programs, ATTN: Control Desk, 633 Indiana Avenue, N.W.,
code) Washington, D.C. 20531.
As the duly authorized representative of the applicant, I hereby certify that the applicant will comply with the above certifications.
1. Grantee Name and Address:
Chief Kevin P. Brunelle
Winter Springs Police Department
300 N. Moss Rd. Winter Springs, FL 32708
2. Application Number and /or Project Name 3. Grantee IRSNendor Number
Kevin P. Brunelle, Chief _
4. Typed Name and Title of Authorized Representative
5. Signature 6. Date
Agreement #A2064
MEMORANDUM OF AGREEMENT
BETWEEN
PARTICIPATING SEMINOLE COUNTY, FEDERAL AND STATE OF FLORIDA LAW
ENFORCEMENT AGENCIES
AND
THE FLORIDA DEPARTMENT OF CORRECTIONS
PARTIES
This Memorandum of Agreement ( "Agreement ") is between the Florida Department of Corrections.
(DOC), participating Seminole County, State of Florida and Federal Law Enforcement Agencies ( "LE "),
and the Seminole County Probation Department ( "CP ") which are the parties hereto. All participating
Seminole County, State of Florida and Federal Law Enforcement agencies are indicated in Attachment A. -
The purpose of the Agreement is to provide a mechanism for the DOC through its Community
Corrections Circuit Office (specifically the 18 Circuit in Seminole County), CP and LE to share
investigative information and collaborate on enforcement efforts with a goal of reducing criminal activity
by coordinating physical resources, manpower and criminal intelligence. This may include, but is not
limited to offender visits, employees of DOC and CP riding with LE and vice versa, serving warrants and
any other steps DOC, CP and LE deem necessary to facilitate reducing criminal activity in Seminole
County.
DOC, CP, and LE agree that there is a major law enforcement problem relating to criminal activity in
Seminole County, Florida. DOC, CP and LE agree that an intelligence -led, data- driven, multi agency
response will greatly enhance the effectiveness of DOC, CP and LE in countering crime and criminal
activity in Seminole County. DOC, CP and LE agree that re-entry programs and assistance to offenders
and probationers are an appropriate use of resources and will enhance fighting crime and criminal
activity. DOC, CP and LE share the common goal of promoting public safety in Seminole County by
reducing crime and recidivism among offenders under community supervision through the efficient
administration of policing and correctional services.
DOC, CP, and LE understand that DOC is a party to similar partnerships in other counties in Florida.
DOC, CP and LE believe that . a coordinated response between those other partnerships will aid in the
effectiveness of DOC, CP and LE, as well as the efforts with those similar partnerships in other counties
in providing efficient policing and correctional services. DOC, CP, and LE understand that every effort
will be made to schedule operations pertaining to this Agreement with the similar partnerships. DOC,
CP, and LE recognize that the efficient interaction of this partnership depends upon efficient interaction
of their respective agencies and the sharing of information and records regarding the efficient providing
of policing and correctional services. DOC, CP and LE commit within the terms of this Agreement to a
coordinated effort to provide policing and correctional services where each will benefit from the other's
resources, abilities and experience.
DOC, CP, and LE enter into this Agreement under the following terms:
L TERM OF AGREEMENT
This Agreement will begin on the last date signed by the parties. This Agreement will expire two (2)
years from the last date on which a party signed it.
MOACCA 1409
Pagel of11
Agreement #A2064
II. SCOPE OF AGREEMENT
DOC, CP, and LE as partners in this Agreement agree that that they will carry out their respective duties
and responsibilities as outlined in this Agreement. This will be subject to the laws of the United States,
the State of Florida, and the ordinances of Seminole County, Florida. DOC, CP, and LE understand that
each agency has its own policies and procedures that will further restrict the activities of each agency's
personnel.
A. Overview
DOC, CP, and LE will work together in their goal of improving the administration of criminal
justice and reentry services in Seminole County, Florida by:
1. Improving the efficiency of interaction between/heir offices.
2. Facilitating the exchange of information and records between the parties collected and
maintained by each. -
3. Using a team problem - solving approach to address challenges posed in the
implementation of this Agreement and the criminal justice system.
Each party retains responsibility for its personnel and any fiscal or general administrative
services each party incurs in support of this Agreement.
Sweep operations, as it pertains to this Agreement, involve teams of DOC, CP, and LE
• personnel targeting offenders on probation for home or workplace visits. Those offenders that
will be targeted include, but are not limited to those on probation for forcible felonies, those
offenders on probation with a history of gang related violence and registered sexual offenders
under supervision by DOC or CP:
B. Joint Responsibilities
1. In order to enhance public safety, each party agrees to commit its resources as it deems
appropriate to apprehend offenders under supervision of the DOC, CP or Parole
Commission who have violated supervision teams set forth by their sentencing authority.
2. Each party agrees that a successful reentry strategy for offenders will lead to more safe
Florida communities. Each party agrees to commit its resources as it deems appropriate
in a coordinated effort to provide offenders and former offenders the skills and support
systems needed to successfully reintegrate into Florida communities.
3. The parties believe that some of the most pressing 'issues for offenders reentering into
society include, but are not limited to the following: housing (permanent or temporary),
employment, education, life skills, behavior management, substance abuse, mental health
treatment and transportation.
4. DOC, CP, and LE agree to provide a designee to attend meetings and serve as a
representative of their particular agency. Each party agrees to hold such meetings to
discuss issues and methods of implementing the partnership in the most effective manner
possible. Each party agrees that said meetings will be held on at least a quarterly basis,
MOA CCA 09 14
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Agreement #A2064
but the parties may agree to meet more frequently if in their judgment it would help fulfill
the goals of this Agreement.
5. The parties understand that the exchange of information as to their specific
responsibilities, duties and roles within the criminal justice system and regarding offender
reentry are vital to the efficient operation of this partnership. The information exchanged
should be that designed to maximize the use of resources and personnel and to further the
successful reentry strategies as agreed on by the partnership.
6. The parties agree to exchange all information regarding offenders, including suspected
violation of supervision. Such exchange will only be limited by federal or state law and
the policies and procedures of each agency.
7. To maximize the use of resources and personnel, the parties agree to identify any shared
duties, responsibilities or goals and coordinate the performance of same in order to avoid
duplication of services and wasted resources. The parties agree to establish policies to
implement the Agreement by pooling or sharing resources or equipment where applicable
to enhance the delivery of quality service.
8. The parties agree to create procedures for communicating the goals and ideas of the
partnership to their personnel for action and implementation.
C. Coalition Structure
1. The Sheriff of Seminole County (Sheriff) is established as the Coordinator of Seminole
County and will coordinate all • compliance and enforcement initiatives with those
agencies previously identified as LE in this Agreement. The participation of specific
agencies will be affirmed by the signature of the agency head or authorized representative
of same. The Sheriff will endeavor to ensure successful and timely completion of LE
goals and objectives.
2. The Sheriff will also function as the LE Agreement Manager as provided for in Section
IV of this Agreement and will serve as LE liaison/contact regarding issues that arise from
this Agreement.
3. The parties will meet quarterly to accomplish the following:
a. Establish LE objectives;
b. Establish guidelines and procedures for LE initiatives;
c. Share investigative information and data at quarterly meetings; and
d. Establish guidelines and procedures for the disposition of forfeited property.
D. Department of Corrections (DOClResponsibilities
•
The Department of Corrections will perform the following duties in support of the Agreement
to the extent possible within those resources the DOC, in its own judgment, believes it can
commit to the Agreement.
1. DOC will dedicate certain officers and resources to facilitate the identification of
dangerous, high risk offenders under supervision.
MOA CCA 09 14 09
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Agreement #A2064
2. DOC will provide current information with LE on those offenders under supervision of
DOC. This will include, but not be limited to: addresses, offenses, and conditions of
supervision and criminal histories.
3. DOC will designate officers to participate in LE operations, in order to familiarize LE
with the location, descriptions and conditions of supervision for offenders on community
control, sexual predators, sexual offenders and high risk offenders. All DOC officers
who participate in these operations will be current on use of force training in accordance
with DOC's "Use-of-Farce in Community Corrections" Procedure 302.313. DOC will
designate officers to participate in operations when, in its own judgment, DOC believes it
can commit resources to the Agreement.
4. DOC will designate officers to conduct administrative searches in accordance with DOC
Procedure 302.211 to ensure that offenders are in compliance with their terms of -
supervision.
5. DOC will train LE officers in accordance with Rule 33- 302.108 of the Florida
Administrative Code and with DOC Procedure 302.311 regarding participation in
warrantless arrests.
6. DOC may be present, but will not participate in law enforcement activities when the
offender is not under the supervision of the DOC or the Florida Parole Commission.
E. Law Rnforcement (LE) Responsibilities
Law Enforcement will perform the following duties in support of the Agreement to the extent
possible within those resources that LE, in its own judgment, believes it can commit to the
Agreement.
1. LE will provide DOC with all current information on absconders and offenders under the
supervision of DOC.
2. LE will assist DOC officers on field visits to offender residences and places of
employment as deemed necessary by LE to execute a warrant or warrantless arrest.
3. LE will task law enforcement officers of member agencies to provide security for
probation officers while conducting administrative searches to ensure the offender's
compliance with the terms of supervision. Said LE officers will control the offender, any
individnals on site who attempt to interfere with the a dministrative search, and transport
the offender to the county jail if needed.
4. LE will provide assistance to identify, secure, provide receipts for and properly store any
property seized during an administrative search conducted by DOC as the situation
requires.
5. LE will notify DOC of any violations of supervision that an offender commits in the
presence of the LE officer, and shall conduct a warrantless arrest upon confirmation with
DOC that a violation has occurred.
6. LE will assist DOC in transporting and/or arresting absconders or offenders within
Seminole County, Florida, or as otherwise permitted by law, if the offender is found to be
MOA CCA 09 14 09
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Agreement #A2064
in violation of supervision. LE will ensure that participating LE officers are aware of
DOC Procedure 302311 when participating in transporting/arresting aforementioned
absconders or offenders.
7. LE will provide the opportunity for DOC to participate in ride along operations in order
to familiarize DOC officers with the whereabouts, descriptions, and specified conditions
of supervision of community control offenders, sexual predators, sexual offenders and
high risk offenders, and to ensure that all violations are communicated to the DOC officer
supervising the offender for communication to the appropriate sentencing authority.
F. Seminole County Probation Department (CP) Responsibilities
•
The Seminole County Probation Department will perform the following duties in support of the
Agreement to the extent possible within those resources the CP, in its own judgment, believes it
can commit to the Agreement.
1. CP will dedicate certain officers and resources to facilitate the identification of
dangerous, high risk offenders under supervision.
2. CP will provide current information with LE on those offenders under supervision of CP.
This will include, but not be limited to: addresses, offenses, and conditions of supervision
and criminal histories.
3. CP will designate officers to participate in LE operations, in order to familiarize LE with
the location, descriptions and conditions of supervision for offenders on community
control, "sexual predators, sexual offenders and high risk offenders. This is to ensure that
all violations are communicated to the supervising CP officers. All CP officers who
participate in these operations will be current on use of force training in accordance with
CP's policies and procedures.
4. CP will designate officers to conduct administrative searches in accordance with CP
Policy and Procedures to ensure that offenders are in compliance with their terms of
supervision.
5. CP will train LE officers in accordance with CP's participation in warrantless arrests.
6. CP will not participate in law enforcement activities when the offender is not under the
supervision of the CP.
III. FINANCIAL OBLIGATIONS OF 111..E PARTIES
DOC, CP, and LE acknowledge that the Agreement is not intended to create financial obligations
between the parties. If financial obligations are incurred as a result of the parties performing their
duties or responsibilities under the Agreement, it is understood that the parties will bear their own
costs.
MOA CCA 09 14 09
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Agreement #A2064
IV. AG REEMENT MANAGEMENT
A. Administrator of the Agreement for DOC
DOC designates its Chief of the Bureau of Procurement and Supply as the designated
Agreement Administrator for DOC and is responsible for maintaining the official file regarding
this Agreement, processing any amendments or termination of same, and of maintaining
records of correspondence between DOC, CP and LE regarding the administration of the
Agreement.
The contact information of DOC's Administrator of the Agreement is:
Chief, Bureau of Procurement and Supply
Florida Department of Corrections
2601 Blair Stone Road
Tallahassee, FL 32399 -2500
(850) 488 6671 telephone
(850) 922 8897 - facsimile
B. Agreement Managers
DOC, CP, and LE have identified the following individuals as Agreement Managers. These
individuals are responsible for enforcing performance of the Agreement teens and conditions
and shall serve as liaison/agency contact regarding issues arising out of the Agreement. DOC,
CP, and LE reserve the right to delegate another individual to serve as Agreement Manager as •
they see fit.
DEPARTMENT OF CORRECTIONS
Edith DeCicco
Circuit Administrator, 18 Circuit
2698 Orlando Drive
Sanford, Florida 32773
(407) 302 -3811 - telephone
(407) 302 -3819 - facsimile
decicco .edith@mail.dc.state.fl.us - email
LAW ENFORCEMENT
Donald F. Eslinger
Sheriff, Seminole County Sheriff's Office
100 Bush Blvd.
Sanford, Florida 32773
(407) 665 -6650 - telephone
(407) 665 -6654 - facsimile
deslinger@seminolesheriff.org
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Agreement #A2064
COUNTY PROBATION
Derek Gallagher
Chief, Seminole County Probation Department
116 N. Hood Avenue
Sanford, Florida 32771
(407) 665 -4615 - telephone
(407) 665-4613 - facsimile
dgallagher@seminolecountyfl.gov — email
V. REVIEW AND MODIFICATION
A. Upon request of any party, all parties will review the Agreement to determine whether or not
the terms and conditions of the Agreement are still appropriate. DOC, CP, and LE agree to
renegotiate terms and conditions of the Agreement if it is mutually determined that significant
changes in the Agreement are needed. No party is under any obligation to agree.
B. Modifications of the Agreement, with the exception of Section W, Agreement Management,
must be made through formal written amendment to the Agreement. Any party may change
their Agreement Manager as provided in Section IV as they see fit by communication to the
other party.
VI. TERMINATION
This Agreement may be terminated at any time upon the mutual consent of any party or unilaterally
by any party with no less than thirty (30) calendar days' of notice. Notice will be delivered by
certified mail (return receipt requested). Any party may terminate the Agreement with 24 . hours
notice to the other party only for failure to comply with the terms of the Agreement or any
applicable federal or state law.
VII. OTHER CONDITIONS
A. Indemnification
DOC, CP, and LE each agree that they are liable for the actions of their own personnel,
employees and agents when acting in furtherance of the Agreement. DOC, CP, and LE each
understand that they are responsible for defending any and all claims, whether brought in
United States or Florida courts, against their own personnel, employees and agents. None of
the parties agree to indemnify the others in any way.
B. Confidentiality
DOC, CP, and LE will ensure that their agents, personnel and employees assigned to implement
or support the Agreement will apply all appropriate statutes, rules and regulations with regards
to the confidentiality of individual participants receiving services. All information and records
obtained during the course of the Agreement will be handled with the maximum confidentiality
permitted by rule, regulation and statute. Each party will endeavor to keep the other's
personnel information private, but each party understands that they are governed by Florida
State Statutes, specifically Chapters 112 and 119.
MOA CCA 09_ 14_09
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Agreement #A2064
•
C. Disputes
Any dispute concerning performance of the terms of the Agreement will be handled informally
by the Agreement Managers. Failure to reach agreement on the performance of the terms of the
Agreement by the Agreement Managers will lead to an impasse. No party is bound to agree to
any solution to any dispute. An impasse declared by all Agreement Managers terminates the
Agreement.
D. Data Sharing
DOC, CP, and LE acknowledge that they are both bound by Florida State Statutes, specifically
the Public Records Law, Chapter 119. DOC, CP and LE agree to specifically identify any
• information provided to the other party that they believe is exempt from the Public Records
Law as described in Section 119.07(1), Florida Statutes. Each party agrees to respect the
other's legal opinion on exemption, and will refer any party seeking disclosure of said
documents to the providing party for purposes of explaining the exemption from statutes. Each
party agrees to notify the other parties when said documents are requested and to provide
copies of the requested documents for-review, when possible, to determine whether some type
of confidential information has been requested.
E. Health Insurance Portability and Accountability Act
DOC, CP, and LE acknowledge that they are subject to and will comply with the Health
Insurance Portability and Accountability Act (42 U.S.C. 1320d -8). The DOC, CP, and LE have
the right to inspect each other's policies and procedures to ensure that they comply with said
act. If one party believes the other's policies and procedures do not comply with said act, the
issue will be settled by the Agreement Managers.
•
THIS SPACE LEFT INTENTIONALLY BLANK
MOA_CCA 09_14_09
Page 8of11
Agreement #A2064
AUTHORIZATION FOR SIGNATURE
IN WITNESS THEREOF, the parties hereto have caused this Amendment to be executed by their
undersigned officials as duly authorized.
Altamonte Springs Police Department
Robert Merchant, Chief of Police
Name Date and Signature
Casselberry Police Department
James Ruf, Chief of Police C - g/2*7/ 7 .
Name Date and Si turf
Federal Bureau of Investigation, Orlando RA
(Resident Agency)
Christopher Davis, Assistant Special Agent in
Charge
Name Date and Signature
Florida Department of Law Enforcement
Joyce Dawley, Special Agent in Charge 0
Name Date and S' IA, a -
Major Cynthia Williams
Name Date and Signature
Lake Mary Police Department
Steve Bracknell, Chief of Police 14-08..ack44 V
Name Date and Signature
•
Longwood Police Department
Thomas Jackson, ChiefofPolice C.„aea. - 1
Name Da 3: d Signature
Oviedo Police Department
Jeffrey Chudnow, Chief of Police lv
Name Date and Signature
=I: rbnent /�- ��,mw i
d ��� 6/750741
Name Date and Signature
Sanford Police Department
Brian Tooley, Chief of Police
/G/71
!.�
Name .Da - -„ d .tore
11' ' LL ; is _ r! - ar.7 T.._ ��. _. "- R . ! / I: /29/5 p
SC;LSe n
_ , In f -- -Name Date and Signature
kCTt t G COtintti C Gu h'l &ear
Su)/ 1 itrn e
MOA CCA 09_14_09
Page 9 of 11
Agreement #A2064
Seminole County Sheriff's Office f1
Donald F. Eslinger, Sheriff
Date and Signature
Seminole County Sheriff's Office, General Approv- • as to form and legality, bject to
Counsel execu:: ' /� CJ /
David Lane 1
Name Date and Signature
Winter Springs Police Department ��
Kevin Brunelle, Chief of Police 5- a '/ -01 0612.. ..G't.I
Name Date and Signature
United States Secret Service, Orlando RA
(Resident Agency) /
James Glendinning, Assistant Special Agent in
Charge /n -S- 09 s
Name ate and Sigma
DEPARTMENT OF CORRECTIONS
Approved as to form and legality,
/ - subject to execution:
SIGNED / , 1 ,I SIGNED
BY: l //7r��j��(1 - �._ BY: �L�1
•
NAME: Richard D. Davison NAME: 4een Von Hoene
TITLE: Deputy Secretary 1TlLE: General Counsel
Department of Corrections Department of Corrections
DATE: /6/6d/.6 0 DATE: -
MOA_CCA_09_14_09
Page 10 of11
Agreement #A2064
Attachment A
Law Enforcement Agencies (LE's)
Seminole County
Altamonte Springs Police Department
Casselberry Police Department
Lake Mary Police Department
Longwood Police Department
Oviedo Police Department
Sanford Airport Police Department
Sanford Police Department
Seminole County Sheriffs Office
Winter Springs Police Department
Other Agencies
Federal Bureau of Investigation (Orlando Office)
Florida. Department of Law Enforcement
United States Secret Service Orlando RA (Resident Agency)
MOA _CCA_09_14_09
Page I I of 11
RESOLUTION NO. 2010-09
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF WINTER SPRINGS, SEMINOLE COUNTY,
FLORIDA, RATIFYING CERTAIN EXISTING VOLUNTARY
COOPERATION MUTUAL AID AND OTHER AGREEMENTS
WITH LOCAL AND STATE LAW ENFORCEMENT
AGENCIES; PROVIDING FOR THE REPEAL OF PRIOR
INCONSISTENT RESOLUTIONS, SEVERABILITY AND AN
EFFECTIVE DATE.
WHEREAS, the City is granted the authority, under § 2(b), Art. VIII of the State
Constitution, to exercise any power for municipal purposes, except when expressly prohibited by
law; and
WHEREAS, section 23.1225, Florida Statutes, requires that law enforcement voluntary
cooperation mutual aid agreements be entered into by the chief executive officer of the agency
authorized to contractually bind the agency; and
WHEREAS, during a recent evaluation of the City Police Department's various law
enforcement agreements with other local and state law enforcement agencies, it was determined that
ratification of certain existing agreements is required consistent with Florida law; and
WHEREAS, City Commission deems that this Resolution is in the best interests of the
public health, safety, and welfare of the citizens of Winter Springs.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE CITY COMMISSION OF
THE CITY OF WINTER SPRINGS, SEMINOLE COUNTY, FLORIDA, THAT:
Section 1. Incorporation of Recitals. The foregoing recitals are deemed true and
correct and are hereby fully incorporated herein by reference.
Section 2. Ratification of Agreements. The Winter Springs City Commission hereby
ratifies each of the following agreements, attached hereto as composite Exhibit "A," and fully
incorporated herein by this reference:
A. Inter -Local Voluntary Cooperation Operational Assistance Agreement / Seminole
County Multi Agency Gang Task Force (MAGTF) (September 30, 2008);
B. Reaccreditation Agreement (November 2008);
C. Voluntary Cooperation Agreement Establishing a City /County /State Traffic
City of Winter Springs
Resolution No. 2010 -09
Page 1 of 3
Enforcement Unit (January 2009);
D. Inter -Local Voluntary Cooperation Operational Assistance Mutual Aid Agreement
(January 2009);
E. Inter -Local Voluntary Cooperation Operational Assistance Agreement for The
City /County Canine (K -9) Unit (January 2009);
F. Voluntary Cooperation Mutual Aid Agreement Among the Participating Agencies
and the Florida Department of Law Enforcement to Form a Child Abuction (sic)
Response Team (June 2009);
G. Memorandum of Understanding with Florida Department of Law Enforcement (for
facilitating investigations of incidents) (July 2009);
H. Criminal Justice User Agreement with Florida Department of Law Enforcement
(August 2009);
I. State and Local HIDTA Task Force Agreement / "Central Florida HIDTA" (October
2009);
J. Memorandum of Agreement Between Participating Seminole County, Federal and
State of Florida Law Enforcement Agencies and The Florida Department of
Corrections (October 2009).
Section 3. Severabilitv. If any section, subsection, sentence, clause, phrase, word, or
portion of this Resolution is for any reason held invalid or unconstitutional by a court of competent
jurisdiction, whether for substantive or procedural reasons, such portion shall be deemed a separate,
distinct, and independent provision, and such holding shall not affect the validity of the remaining
portions of this Resolution.
Section 4. Repeal of Prior Inconsistent Resolutions. All prior resolutions or parts of
resolutions in conflict herewith are hereby repealed to the extent of the conflict.
Section 5. Effective Date. This Resolution shall become effective immediately upon
its adoption by the City Commission of the City of Winter Springs, Florida.
ADOPTED by the City Commission of the City of Winter Springs, Florida, in - a regular
meeting assembled on this 22nd day of March 1 1
1721.1
JOHN F._BUSB; Mayor
City of Winter Springs
Resolution No. 2010 -09
Page 2 of 3
ATT S :
• ► 1 ' �? w ORENZO- LUACES, City Clerk
Approved as to legal form and sufficiency for
the Ci o Winter Springs only:
ANY A. GARGANESE, City Attorney
City of Winter Springs
Resolution No. 2010 -09
Page 3 of 3
EXHIBIT
L
I
INTER -LOCAL VOLUNTARY COOPERATION
OPERATIONAL ASSISTANCE
SEMINOLE COUNTY MULTI AGENCY GANG TASK FORCE ( MAGTF)
THIS AGREEMENT is entered into pursuant to Chapter 23, Florida Statutes, under the
Florida Mutual Aid Act, by and between the SHERIFF OF SEMINOLE COUNTY, FLORIDA,
ALTAMONTE SPRINGS POLICE DEPARTMENT, CASSELBERRY POLICE
DEPARTMENT, THE LAKE MARY POLICE DEPARTMENT, LONGWOOD POLICE
DEPARTMENT, OVIEDO POLICE DEPARTMENT, SANFORD POLICE DEPARTMENT,
WINTER SPRINGS POLICE DEPARTMENT, and SANFORD AIRPORT POLICE
DEPARTMENT.
WITNESSED:
RECOGNIZING there is a gang problem in Central Florida and its negative effects on
the communities where gangs thrive, it is the intent of Seminole County law enforcement to take
a proactive approach and prevent the infiltration of gangs into our conununities and to improve
the criminal street gang activity. Each of the parties to this agreement recognizes the need for
the establishment and operation of a Multi- Agency Gang Task Force (MAGTF) in Seminole
County.
WHEREAS, incidents involving gang members may occur throughout Seminole County
without regard to jurisdictional boundaries; and
WHEREAS, an intelligence -led, data -driven multi jurisdictional task force will greatly
enhance law enforcement investigation, apprehension, and ultimately successful prosecution of
offenders related to gangs as a criminal enterprise;
NOW, THEREFORE, the parties hereto enter into this Multi Agency Gang Task Force
Agreement as follows:
NOW, THEREFORE, the parties agree as follows:
1. Name: The parties will participate in a common investigative effort which shall be
known as the Multi Agency Gang Task Force, hereinafter referred to as MAGTF.
Seminole County Multi Agency Gang Task Force MAGTF Page 1 of 4
September 30, 2008 - January 1, 2013
2. Purpose: The purpose of the MAGTF is to provide a mechanism for Seminole
County Law Enforcement Agencies to share investigative information, and develop collaborate
enforcement efforts towards targeted gang crime and/or violence occurring in Seminole County.
By coordinating physical resources, manpower, and criminal intelligence, the efficiency and
effectiveness of these investigations and ultimate prosecution of gang- related offenders will be
increased.
3. Scope: The scope of this intelligence -led, data - driven investigative effort shall be
limited to law enforcement agencies sharing of information, surveillance, and probation
compliance of targeted gang members in Seminole County.
4. Organizational Structure: The Governing Board of the MAGTF will be
composed of law enforcement representatives from within Seminole County and its partners
within this agreement. Each of the parties to this agreement shall designate in writing the name
of a representative for the Governing Board. The Sheriff of Seminole County shall serve as the
Chairperson of the Governing Board. Captain Scott Ballou will serve as the Director of the
MAGTF. The Intensive Community supervision Unit Sergeant will serve as project Director
and coordinate an outlined strategy to ensure successful and timely completion of short and long
term goals. The Project Director will coordinate all compliance and enforcement initiatives with
the participating agencies and report to the Governing Board.
5. Duties of the Governing Board: The Board shall meet at minimum quarterly, to
disseminate information and review policy, objectives, and strategies.
6. Resources: Each party agrees to furnish necessary equipment and resources to
render services to the MAGTF. No party shall be required to deplete unreasonably its own
equipment, resources, facilities and services in furnishing such services.
7. Use of Anti-Gan Initiative Grant Funds/Financial Records: any and all grant
funds used by the MAGTF shall be utilized in strict compliance with guidelines for such use as
set forth by the Grant Section. All agencies requesting reimbursement under a Sheriff's Office
grant shall be required to provide a roster containing names, rates of pay and the estimated
number of hours the personnel will be used in the MAGTF operation. A Project Director must
verify that adequate funds exist under the grant and pre - approve the expenditure of the funds
prior to the personnel being used in the operation. Agencies neglecting to get the expenditure
pre - approved will not be eligible for reimbursement. After the Operation is complete, the
agencies seeking reimbursement are to provide a completed invoice detailing the names of the
personnel used, the rates of pay and the actual number of hours the personnel participated in the
Seminole County Multi Agency Gang Task Force MAGTF Page 2 of 4
September 30, 2008 - January 1, 2013
operation to the Grant section for payment. The invoice form will be given to the agency's
representative. All funds shall be maintained and accounted for by the Grants section of the
Sheriff's Office. The SCSO Project Directors will provide reports quarterly to all parties.
8. Duration: This agreement shall remain in full force and effect until
January 1, 2013.
9. Voluntary Cooperation Agreement: The goal of the MAGTF is to render law
enforcement assistance with a multi-jurisdictional response within Seminole County, to address
criminal and social behavior related to youth gangs and criminal street gang activities. These
offenses include, but are not limited to, graffiti, criminal mischief, loitering and prowling, drug
sales and purchase, and various property crimes, as well as the disorder that comes from those
criminal associations. The Seminole County Sheriff's Office, under the provisions of the
Seminole County Inter -Local Voluntary Cooperation Mutual Aid Agreement that establishes a
Voluntary Cooperation Agreement forming the Multi- Agency Gang Task Force, is requesting
the assistance of all law enforcement agencies in the MAGTF to provide manpower to conduct
gang activity abatement operations on an as- needed basis. As provided by this agreement
municipal officers participating in these operations will have countywide law enforcement
authority for the duration of this operation and will be governed by the Seminole County
Sheriff's Office Written Directives.
10. MAGTF Officer Indemnification: Each party engaging in any mutual
cooperation and assistance, pursuant to this agreement, agrees with respect to any suit or claim
for damages resulting from any and all acts, omissions, or conduct of such party's own
appointees/employees occurring while engaging in rendering such aid, pursuant to this
agreement, to hold harmless, defend, and indemnify the other participating party and his
appointees/employees, subject to provisions of section 768.28 Florida Statutes, where applicable
and to the extent permitted by law. Any party having a duty to indemnify and defend under this
agreement shall have control of the defense of any suit or claim arising under said duty. Each
party shall be responsible for the acts, omissions, or conducts of its own employees.
Seminole County Multi Agency Gang Task Force MAGTF Page 3 of 4
September 30, 2008 - January 1, 2013
•
Sheriff Donald F. Eslinger, Seminole County Sheriff's Office
Chief Bryant Garrett, Sanford Airport Police Department
Chief Robert C. Merchant, Jr., Altamonte Springs Police Department
Chief Jim Ruf, Casselberry Police Department
Chief Steve Bracknell, Lake Mary Police Department
Chief Thomas Jackson, Longwood Police Department
Chief Jeffrey Chudnow, Oviedo Police Department
Chief Brian Tooley, Sanford Police Department
Acting Chief Kevin Brunelle, Winter Springs Police Department
Seminole County Multi Agency Gang Task Force MAGTF Page 4 of 4
September 30, 2008 - January 1, 2013
Party's acceptance of the Voluntary Cooperation Mutual Aid Agreement among the
member agencies of Seminole County, Florida for the
MULTI AGENCY GANG TASK FORCE 1 MAGTF
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 and any further evidence of authorization you wish to remain on file
at FDLE alone with a nature page.
Semino ou ;
11/ riffs Office
i►
Donald F. nger,
Date
Party's acceptance of the Voluntary Cooperation Mutual Aid Agreement among the
member agencies of Seminole County, Florida
MULTI AGENCY GANG TASK FORCE / MAGTF
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 and any further evidence of authorization you wish to remain on file
at FDLE along with signature page.
City of Altamonte Springs
Chief Robert C. Merchant, Jr.
Altamonte Springs Police Department
ruit
Date
Party's acceptance of the Voluntary Cooperation Mutual Aid Agreement among the
member agencies of Seminole County, Florida for the
MULTI AGENCY GANG TASK FORCE 1 MAGTF
Pursuant to F.S.23.1225(3), this agreement may be entered into by a Chief Executive
Officer cif 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 and any further evidence of authorization you wish to remain on file
at FDLE along with signature page.
City of Casselberry
e,
Jim Ruf
Casselbeny Police Department
(il/7/a
Date
Party's acceptance of the Voluntary Cooperation Mutual Aid Agreement among the
member agencies of Seminole County, Florida for the
MULTI AGENCY GANG TASK FORCE 1 MAGTF
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 and any further evidence of authorization you wish to remain on file
at FDLE along with signature page.
City of Lake Mary
_as N
Chief Steve Bracknell.
Lake Mary Police Department
is /i7 /a
Date
Party's acceptance of the Voluntary Cooperation Mutual Aid Agreement among the
member agencies of Seminole County, Florida for the
MULTI AGENCY GANG TASK FORCE / MAGTF
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 and any further evidence of authorization you wish to remain on file
at FDLE along with signature page.
City of Longwood
)
Chief Thome ackson
Longwood Po a Department
Date
Party's acceptance of the Voluntary Cooperation Mutual Aid Agreement among the
member agencies of Seminole County, Florida for the
MULTI AGENCY GANG TASK FORCE 1 MAGTF
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 and any further evidence of authorization you wish to remain on file
at FDLE along with signature page.
City of Oviedo
J y Chudnow
viedo Police Department
/A,/,7//7 GO B'
Dat
•
Party's acceptance of the Voluntary Cooperation Mutual Aid Agreement among the
member agencies of Seminole County, Florida for the
MULTI AGENCY GANG TASK FORCE 1 MAGTF
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 and any further evidence of authorization you wish to remain on file
at FDLE along with signature page.
ORLAN I 1 SANFORD AIR • RT AUTHO -
Chef :r ant Garrett
Sanford Airport Police Department
r2///1 //4q
Date
Party's acceptance of the Voluntary Cooperation Mutual Aid Agreement among the
member agencies of Seminole County, Florida for the
MULTI AGENCY GANG TASK FORCE / MAGTF
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 and any further evidence of authorization you wish to remain on file
at FDLE along with signature page.
Orlando anford Airport Authors
Cam
La A. Dale, President and CEO
Sanford Airport Authority
/07/cLY
Date
Party's acceptance of the Voluntary Cooperation Mutual Aid Agreement among the
member agencies of Seminole County, Florida for the
MULTI AGENCY GANG TASK FORCE / MAGTF
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 and any further evidence of authorization you wish to remain on file
at FDLE along with signature page.
City of Sanford �----
(( I
hief Brian Tooley
Sanford Police Department
2/ d
Date
Party's acceptance of the Voluntary Cooperation Mutual Aid Agreement among the
member agencies of Seminole County, Florida for the
MULTI AGENCY GANG TASK FORCE I MAGTF
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. My signatory may attach to
this signature page and any further evidence of authorization you wish to remain on file
at FDLE along with si • nature page.
S , Ok .. my Sheriffs Office
0 111 1A1S 0 _ 1 2 1 .■
= r
Donald F. - "v er, heriff
t I OD
Date
Party's acceptance of the Voluntary Cooperation Mutual Aid Agreement among the
member agencies of Seminole County, Florida for the
MULTI AGENCY GANG TASK FORCE / MAGTF
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 and any further evidence of authorization you wish to remain on file
at FDLE along with signature page.
City of Winter Springs
cting Chief of Police Kevin Brunelle
Winter Springs Police Department
o SS
Date
•
•
Sheriff Donald F. Eslinger Trsi^
Member, Florida Sheriffs Association An Internationally Accredited Agency ' f-
Member, National Sheriffs' Association -t'
Seminole
County
February 16, 2009
Mr. Walt Turner
Florida Department of Law Enforcement
P. O. Sox 1489
Tallahassee, FL 32302 -1489
Dear Mr. Turner:
Please find enclosed a copy of Seminole County Sheriff's Office MAGTF Mutual Aid
Agreement effective from 9/30/08- 1/1/2013:
1. Multi Agency Gang Task Force (MAGTF)
Pursuant to Section 23.1225(4), Florida Statutes, these Mutual Aid Agreements are
hereby filed with the Division of Local Law Enforcement Assistance of the Florida
Department of Law Enforcement.
Sincerely,
SHERIFF DONALD F. ESLINGER
W 14tal-----------
Chief Deputy Steven D. Harriett
Attachments (1)
' 100 Bush Blvd., Sanford, Florida 32773
http: / /www.seminolesheriff.org
Office: (407) 665 -6600 / Corrections: (407) 323 -6512 / Orlando Exchange: (407) 8304111
REACCREDITATION AGREEMENT
This Agreement is entered into between the Winter Springs Police Department, with
offices at 300 North Moss Road, Winter Springs, Florida 32708, hereafter referred to as
the "Applicant ", and the Commission for Florida Law Enforcement Accreditation, Inc., a
Florida not - for - profit corporation, at 3504 Lake Lynda Drive, Suite 380, Orlando, Florida
32817, hereafter referred to as the "Commission ".
WITNESSETH
The Applicant and the Commission, for and in consideration of the mutual
covenants set forth in this Agreement and the compensation to be paid the Commission
by the Applicant hereinafter specified, covenant and agree to be bound by the provisions,
terms, and covenants contained herein. WHEREFORE, each party covenants and agrees
• as follows:
1. PURPOSE OF THIS AGREEMENT:
1.1 The purpose of this Agreement is to establish the
continued relationships between, and set the continued
responsibilities of, the parties to this Agreement by
assessing the Applicant's continued compliance with the
standards established by the Commission in order for the
Commission to determine if the Applicant is eligible for
reaccredited status.
1.2 Unless specifically stated otherwise, all terms and
conditions stated in this Agreement apply to
reaccreditation and the Applicant is responsible for
complying with all terms and conditions of this Agreement
during the reaccreditation process.
2. APPLICANT RESPONSIBILITIES:
The Applicant agrees to:
2.1 Provide all information, using its best and honest
judgement in good faith, requested by the Commission.
2.2 Provide all documents, files, records, and other data as
required by the Commission so far as the same may be
provided in accordance with laws, regulations, and ordinances
of the county and locality, or municipality in which the
Applicant is located.
Page 1 of 10 Rev. 02/20/2008
2.3 Conduct a self - assessment as to the degree of
compliance with standards that pertain to agency functions
and provide full and accurate results thereof to the
Commission.
2.4 Provide one or more persons to assist the
Commission's representatives, hereafter referred to as the
"Assessors ", in snaking the necessary inquiries and
assessments of agency information relative to compliance
with the standards, provide access to files and records, and
provide necessary facilities that are requested by the
Assessors.
2.5 Respond to all communications from the Commission
within ten (10) business days from the receipt thereof.
2.6 An applicant seeking reaccreditation by comparative
compliance must satisfy the Commission standards found as
Appendix B in the current edition of the Florida Standards
Manual.
2.7 If the Applicant received reaccredited status by
comparative compliance, the Applicant must notify the
Commission in writing upon the expiration, revocation, or
withdrawal of Applicant's reaccredited status with the
Commission on Accreditation for Law Enforcement
Agencies, Inc., (C.A.L.E.A)
3. COMMISSION'S RESPONSIBILITIES:
The Commission agrees to:
3.1 Provide necessary documentation, forms and
instructions regarding the reaccreditation process.
3.2 Provide Assessors for the purpose of conducting an
on -site assessment as to the Applicant's continued
compliance with standards.
3.3 Promptly analyze all compliance data and advise the
Applicant of (a) any need for additional information, or (b)
the results of the on-site assessment.
3.4 Assess all compliance data against the standards and
certify the Applicant as reaccredited if the relevant standards
are met and compliance is accepted by the Commission.
Page 2 of 10 Rev. 02/20/2008
3.5 If the Applicant is reaccredited, provide (a) a
certificate, or (b) additional indications of reaccreditation, if
necessary.
3.6 Following an examination of compliance with the
applicable standards, if the Applicant is not reaccredited by
the Commission at the time of review, the Applicant will be
notified with the reasons for such determination within 30
days.
4. TIME PERIOD COVERED BY THIS
AGREEMENT:
4.1 This Agreement shall take effect when the Applicant's
Chief Executive Officer, or authorized representative and the
Commission's authorized representative sign the Agreement
and shall remain in effect for three years from the date the
Commission certifies the Applicant as reaccredited at a
general meeting.
4.2 The terms and covenants of this Agreement shall
terminate in the following circumstances:
(a) Failure to achieve reaccreditation not longer
than the three (3) year anniversary date of the last
accreditation/reaccreditation; except as provided in
Section 4.3; or
(b) Upon written notice by the Applicant that the
Applicant intends to withdraw from the
reaccreditation process; or
(c) Upon termination pursuant to Section 5.2
hereof; or
(d) Upon notification pursuant to Section 15, that
the Applicant cannot maintain cotpliance with
standards set forth by the Commission; or
(e) Upon failure of the Applicant to pay all fees
and costs required by this Agreement relating to the
Applicant's reaccreditation within the time mandated,
except that the Agreement may be extended pursuant
to Section 4.3; or
Page 3 of 10 Rev. 02/20/2008
(f) Upon expiration, or revocation pursuant to
Section 14.2 of the Applicant's reaccredited status,
4.3 The Applicant may submit a written request to the
Commission to extend this Agreement in order to comply
with the relevant standards for reaccreditation if the standards
cannot be met at the expiration of the Applicant's accredited -
status. The Commission, in its discretion, may grant an
extension in accordance with the "Contract Extension Policy"
adopted 10/98, and in such an event the Applicant shall pay
any additional fees the Commission deems reasonable.
4.4 If the Applicant's accreditation lapses, the Applicant
may reapply for reaccreditation pursuant to Commission
Policy # CFA.012 (Changes in Accredited Status).
4.5 An Applicant accredited by the Commission on
Accreditation for Law Enforcement Agencies, Inc., CALEA,
whose initial accreditation was based on comparative
compliance must maintain its CALEA accreditation during
the time of any reaccreditation under this Agreement. Failure
to maintain CALEA accredited status during the pendancy of
this Agreement may result in the Commission requiring an
immediate on -site review (full or partial compliance) at any
time during the Applicant's reaccreditation period and will
result in reaccreditation being based on a full compliance on-
site assessment at the time of reaccreditation.
5. MODIFICATIONS:
5.1 Applicant shall not make any modifications to this
Agreement except in writing, signed by both parties, and
executed with the same formalities as this document.
5.2 The Applicant recognizes and acknowledges that it
will be necessary for the Commission to make reasonable
modifications and amendments to the Agreement and other
related documents, including but not limited to the
accreditation standards and procedures thereto and hereby
agrees to endorse and agree to all modifications and
amendments. Applicant shall be notified of such
modifications and/or amendments in writing. In the event the
Applicant refuses to comply with any modifications or
amendments, the Commission reserves the right to terminate
this Agreement after due consideration thereof by giving
Page 4 of 10 Rev. 02/20/2008
notice by registered or certified mail, return receipt requested,
within twenty (20) days, of such refusal.
5.3 Applicant must utilize the most current edition of the
Florida Standards Manual in circulation at time of signing this
Agreement. If the Commission approves another standards
- - edition during the pendancy of this Agreement, Applicant
may notify the Commission in writing of its intent to utilize
the approved edition of standards. New or amended standards
are effective upon enactment. Compliance by Applicant must
be demonstrated at their next on -site assessment following the
enactment date. If Applicant's on -site occurs within one year
of enactment date, applicant may delay compliance for up to
one year after the enactment date. The Applicant must utilize
only one edition of the standards in its entirety.
6. TIME AND MANNER OF PAYMENT:
6.1 Payment of reaccreditation fees shall be based upon
the fee structure below. One -half of the total fee is due upon
signing of the contract and the balance due in twelve (12)
months; or the Applicant may pay the fees in full.
6.2 The Applicant shall be responsible for Assessor costs,
including travel, lodging, and per diem paid in. accordance
with Applicant's travel policy. The Applicant shall not be
responsible for any overtime or other salary costs associated
with Assessors performing duties in connection with this
Agreement.
6.3 Applicants pursuing full compliance reaccreditation
shall be required to pay a fee to the Commission in
accordance with the following fee structure. Such fee
structure is based on the number of authorized, sworn law
enforcement positions at the time this agreement is executed:
NUMBER FEE
1 - 09 Donation
10 - 24 $ 500.00
25 - 99 1,000.00
100 - 299 2,000.00
- 300 - 499 3,000.00
500 + 4,000.00
Page 5 of 10 Rev. 02/20/2008
6.4 Applicants pursuing comparative compliance
reaccreditation, i.e., those applicants currently accredited with
the Commission on Accreditation for Law Enforcement
Agencies (CALEA) shall be required to pay a fee to the
Commission for reaccreditation in accordance with the
following fee structure. Such fee structure is based on the
- - number of authorized, sworn law enforcement positions at the -
time this agreement is executed. This fee structure represents
a forty (40 %) reduction from the full compliance fee
structure:
NUMBER FEE
1 - 09 Donation
10 - 24 $ 300.00
25 - 99 600.00
100 - 299 1,200.00
300 — 499 1,800.00
500 + 2,400.00
6.5 The Applicant arees to use the proprietary
Accreditation Manager web -based software. Access will be
granted by the Commission with the understanding that the
Applicant shall pay an annual user's fee of $300.
6.6 The Applicant agrees that any and all fees submitted
will be forfeited if the Applicant does not become
reaccredited or withdraws from the process before the
completion unless an extension is granted pursuant to Section
4.3 above.
7. NEWS RELEASES:
7.1 The Commission shall have the right to identify the
Applicant in news releases and any publicity program the
Commission deems appropriate after the Applicant's on -site
has been scheduled. The purpose of said news release or
publicity programs will be to identify the Applicant as
accredited and seeking reaccreditation. Where specific
mention of the Applicant is used in this regard, a copy of the
news release or publicity material will be provided to the
Applicant for its information.
7.2 The Applicant shall provide the Commission with a
copy of all its news releases or publicity material concerning
its accreditation activities.
Page 6 of 10 Rev. 02/20/2008
8. THE COMMISSION AS AN INDEPENDENT
CONTRACTOR:
In all matters pertaining to this Agreement, the Commission
.shall be acting as an independent contractor, and neither the
Commission nor any officer, employee, or agent of the
Conunission will be deemed an employee of the Applicant.
The selection and designation of the personnel of the
Commission as it relates to performance of its responsibilities
under this Agreement shall be made by the Commission.
9. WARRANTY NOT INTENDED OR IMPLIED:
r 9.1 It is understood that the Commission's award of
reaccreditation does not constitute a warranty, expressed or
implied, of total or continued compliance by the Applicant
Agency with all'applicable standards and further, that it is not
a substitute for the Applicant Agency's ongoing and in depth
monitoring and evaluation of its activities and the quality of
its services.
9.2 The Commission makes no representations or
warranties, expressed or implied, of the benefit of any person
or entity with regard to aspect of the standards contained
herein.
10. INTEGRATION:
This instrument embodies the whole Agreement of the
parties. The parties warrant that there are no promises, terms,
conditions, or obligations other than those contained herein.
This Agreement shall supersede all previous communications,
representations, or agreements, either verbal or written,
between the parties hereto.
11. SEVERABILITY:
If any provision of this Agreement or the application of such
provision to any person or circumstance shall be held invalid,
the remainder of this Agreement and the application of such
provisions to persons or circumstances other than those to
which it is held invalid, shall not be affected thereby.
Page 7 of 10 Rev. 02/20/2008
The terms and conditions of this Agreement shall be binding
on the Applicant for the entire reaccreditation period.
12. CHOICE OF LAW:
This Agreement and the rights of the parties hereunder shall
be governed by and interpreted in accordance with Florida
law.
13. MAINTAINING THE APPLICANT'S
ACCREDITED/REACCREDITED STATUS:
13.1 If the Applicant is awarded reaccredited status by the
Commission, the Applicant agrees to remain in compliance
with those standards under which reaccreditation is awarded.
New or amended standards are effective upon enactment.
Compliance by Applicant must be demonstrated at their next
on -site assessment following the enactment date. If
Applicant's on -site occurs within one year of enactment date,
applicant may delay compliance for up to one year after the
enactment date. After an award of reaccreditation, the
Applicant agrees to (a) file a brief annual report that testifies
to its continuing compliance on a form approved by the
Commission and (b) promptly notify the Commission when it
cannot maintain compliance with standards under which it
was reaccredited.
13.2 If the Commission has determined that reasonable
grounds exists to believe an agency is not in. compliance with
the standards under which reaccreditation was awarded, the
Commission may require an immediate on -site review (full or
partial) at any time during the Applicant's reaccreditation
period at the expense of the Applicant. The Commission may
revoke reaccredited status if the review indicates that the
Applicant is not in compliance with the standards under
which it was reaccredited or may take such other action as the
Commission deems appropriate.
14. WAIVER:
Any waiver by the Commission of any breach of this
Agreement by the Applicant shall relate only to that particular
breach and shall not amount to a general waiver.
Page 8 of 10 Rev. 02/20/2008
15. NOTICE:
Any notice between the parties shall be in writing to the
addresses as specified in the preamble to the Agreement or to
such other address as either party may specify in writing in
accordance with this section.
16. HEADINGS:
The headings to this Agreement shall not be deemed part of it
- and shall not in any way affect its construction.
17. CONSENT TO BE BOUND:
17.1 The Applicant has read the following document and agrees to and
accepts the standards set forth by the Commission for Florida Law
Enforcement Accreditation, Inc.
17.2 All disputes arising under this Reaccreditation Agreement of the
enforcement, execution, or any other actions, relative to this Reaccreditation
Agreement or any other agreement, standard, rule, or regulation, pertaining
to the reaccreditation process, will be arbitrated in the city of Orlando,
Florida, pursuant to the Commercial Arbitration Rules of the American
Arbitration Association.
17.3 The person signing on behalf of the Applicant hereby
represents and warrants that he /she has the power and the
authority to execute this Agreement and to bind the Applicant
to all terms and conditions set herein including, but not
limited to, the provisions of this Section 18.
Page 9 of 10 Rev. 02/20/2008
•
IN WITNESS WHEREOF, the Applicant has caused this Agreement to be
executed on
(date): November 10, 20081
Attest: ._ • # r _.....�
* Title: Interim Chief of Police
A - ..1�
** Ti : Accreditation Manager
IN WITNESS WHEREOF, the Commission has caused this Agreement to be
executed by the Executive Director of the Commission, acting on its behalf,
on c
(date): 7 L,iv—' 1,9 2 e
Commi . ion for lorida Law Enforcement Acct itation, Inc.
By: AL.' . -
r Gri Director
* Title of the Applicant's Chief Executive Officer
** Title of the appropriate civil authority in the event such signature is
required to effect this Agreement.
Page 10 of 10 Rev. 02/20/2008
VOLUNTARY COOPERATION
ESTABLISHING A
CITY /COUNTY /STATE TRAFFIC ENFORCEMENT UNIT
The City of Altamonte Springs, Florida
The City of Casselberry, Florida
The City of Lake Mary, Florida
The City of Longwood, Florida
The City of Maitland, Florida
The City of Oviedo, Florida
The City of Sanford, Florida
The City of Winter Springs, Florida
The Sanford Airport Authority
and
The Sheriff of Seminole County, Florida
Florida Highway Patrol
Florida Department of Transportation — Motor Carrier Compliance
Seminole County, Florida
CSX Railroad Police — Orlando Office of Special Agents
The Altamonte Springs Police Department, the Casselberry Police Department, the Lake
Mary Police Department, the Longwood Police Department, the Maitland Police Department,
the Oviedo Police Department, the Sanford Police Department, the Winter Springs Police
Department, the Seminole County Sheriff's Office, the Florida Highway Patrol., the Florida
Department of Transportation — Motor Carrier Compliance, Seminole County, Sanford
Airport Authority Police Department and the CSX Railroad Police Department — Orlando
Office of Special Agents hereby enter into a Voluntary Cooperation Agreement forming
the City/County /State Traffic Enforcement Unit to provide collective countywide traffic
enforcement and control services on an as- needed basis according to procedures specified
herein.
NOW, THERFORE, THE PARTIES AGREE AS FOLLOWS:
SECTION I. CITY /COUNTY /STATE TRAFFIC ENFORCEMENT UNIT REQUEST
AND RESPONSE
Mutual Aid Agreement — January 2009 Page 1 Of 4
City /County/State Traffic Enforcement Unit
Cities of Altamonte Springs, Casselberry, Lake Mary, Longwood,
Maitland, Oviedo, Sanford, Winter Springs, Sanford Airport Authority
and Seminole County, Florida
A. The parties of this agreement dealing with routine law enforcement traffic problems
and prearranged traffic enforcement programs requiring the use of the
City /County /State Traffic Enforcement Unit shall notify the Sheriff. Chief or agency
head, or his designee, from whom such assistance is required, at such time as
assistance is requested.
B. The Sheriff, Chief or agency head, or his designee, whose assistance is sought, shall
evaluate the situation, his agency's available resources, and shall respond in a
manner that he deems appropriate. The agency head's decision in this regard shall
be final.
C. Where operational requirements develop during a law enforcement operation that
require the crossing of jurisdictional lines, each party agrees to notify by radio,
telephone, or in writing, the Sheriff, Chief or agency head, or his designee, of the
Jurisdictions) involved, prior to, or as soon as possible thereafter, when jurisdictional
lines are crossed.
SECTION I1. POLICY AND PROCEDURE
A. The resources or facilities that are assigned by the assisting agency shall be under
the immediate command of a supervising officer, designated by the assisting agency
head. Such supervising officer shall be under the direct supervision and command of
the agency head or his designee of the agency requesting assistance.
B. Should additional violations of Florida Statutes occur in the presence of said officer,
representing his or her respective agency in furtherance of this Agreement, he /she
shall be empowered to render enforcement assistance and act in accordance with the
law.
SECTION 111. POWERS, PRIVILEGES, IMMUNITIES, AND COSTS
A. Members of the subscribed law enforcement agencies, when actually engaging in
mutual cooperation and assistance outside of the jurisdictional limits of their respective
agencies, under the terms of this Agreement, shall, pursuant to the provisions of
Section 23.127, Florida Statutes, have the same powers, duties, rights, privileges, and
Mutual Aid Agreement - January 2009 Page 2 of 4
City /County /State Traffic Enforcement Unit
Cities of Altamonte Springs, Casselberry, Lake Mary, Longwood,
Maitland, Oviedo, Sanford, Winter Springs, Sanford Airport Authority
and Seminole County, Florida
immunities, as if they were performing their duties in the political subdivision in which
they are norrnally employed.
B. Each party agrees to fumish necessary equipment, resources, and facilities, and to
render services to each other party to the Agreement as set forth above, provided -
however, that no party shall be required to deplete unreasonably its own equipment,
resources, facilities, and services, in fumishing such mutual aid.
C. The agency furnishing aid, pursuant to this Agreement, shall bear the loss or
damages to such equipment, and shall pay any expense Incurred in the operation and
maintenance thereof.
D. The agency fumishing aid, pursuant to this Agreement, shall compensate its
appointees /employees during the time such aid is rendered, and shall defray the
actual travel maintenance expenses of such appointees /employees while they are
rendering such aid, including any amounts paid or due for compensation due to
personal injury or death while such appointees /employees are engaged in rendering
such aid.
E. All the privileges and immunities from liability, exemption from laws, ordinances
• and rules, and all pension, insurance, relief, disability, worker's compensation, salary,
death, and other benefits that apply to the activity of such officers, agents, or
employees of anysuch agency when performing their respective functions within the
territorial limits of their respective public agencies, shall apply to them to the same
degree, manner, and extent while engaged in the performance of any of their functions
and duties extraterritorially under the provisions of this Voluntary Cooperation
Agreement. The provisions of this section shall apply with equal effect to full time
paid, part time, volunteers, and reserve members.
SECTION IV. INDEMNIFICATION
Each party engaging in any mutual cooperation and assistance, pursuant to this
Agreement, agrees with respect to any suit or claim for damages resulting from any and
all acts, omissions, or conduct of such party's own appointees /employees occurring while
engaging in rendering such aid, pursuant to this Agreement, to hold harmless, defend
and indemnify the other participating party and his appointees /employees, subject to
Mutual Aid Agreement — January 2009 Page 3 of 4
City /County /State Traffic Enforcement Unit
Cities of Altamonte Springs, Casselberry, Lake Mary, Longwood,
Maitland, Oviedo, Sanford, winter Springs, Sanford Airport Authority
and Seminole County, Florida
provisions of Section 768.28, Florida Statutes, where applicable and to the extent
permitted by law. Any party having a duty to indemnify and defend under this
Agreement shall have control of the defense of any suit or claim arising under said duty.
Each party shall be responsible for the acts, omissions, or conducts of its own
employees.
SECTION V. INSURANCE PROVISIONS
Each party shall provide satisfactory proof of self insurance or liability insurance by one
or more of the means specified in Section 768.28(14), Florida Statutes, in an amount that
is, in the Judgment of the goveming body of that party, at least adequate to cover the risk
to which that party may be exposed. Should the insurance coverage, however provided,
of any party be canceled or undergo material change, that party shall notify all parties to
this Agreement of such change within ten (10) days of receipt of notice or actual
knowledge of such change.
SECTION VI. EFFECTIVE DATE
This City /County /State Traffic Enforcement Unit Voluntary Cooperation Agreement
shall take effect upon execution and approval by the hereinafter -named officials, and
shall continue in full force and effect until January 01, 2013, unless terminated prior
thereto by any or all the parties herein.
SECTION VIII. CANCELLATION
Under no circumstances may this Agreement be renewed or extended, except in writing.
Any party may withdraw from this Agreement upon thirty (30) days written notice to all
other parties signatured below.
IN WITNESS WHEREOF, THE PARTIES HERETO CAUSE THESE PRESENTS 70 BE
SIGNED ON THE DATE SPECIFIED:
Mutual Aid Agreement — January 2009 Page 4 of 4
CitylCountylState Traffic Enforcement Unit
Cities of Altamonte Springs, Casselherry, Lake Mary, Longwood,
Maitland, Oviedo, Sanford, Winter Springs, Sanford Airport Authority
and Seminole County, Florida
Patty's acceptance of the Voluntary Cooperation Mutual Aid Agreement among the
member agencies of Seminole County, Florida
City /CountylState Traffic Enforcement Unit
- 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 and any further evidence of authorization you wish to remain on file
at FDLE along with signature page.
Cit Altamonte Springs 0 011ulW,,,
a.Z• 1 v .
` Q: R
pPO ,T
Patricia Bate , Mayor = : ` * � T F O; E.
City of Altamonte Springs, Florida 4 1920
L ifoi/ircii, /9 4 coe vi.....4
„„„,......% %If
Date J
Party's acceptance of the Voluntary Cooperation Mutual Aid Agreement among the
member agencies of Seminole County, Florida
City /County /State Traffic Enforcement Unit
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 and any further evidence of authorization you wish to remain on file -
at FDLE along with signature page.
City of Casselberry
(2441,1—
Charlene Glan Mk/or
City of Casselberry, Florida
Date
Party's acceptance of the Voluntary Cooperation Mutual Aid Agreement among the
member agencies of Seminole County, Florida
City /County /State Traffic Enforcement Unit
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 and any further evidence of authorization you wish to remain on file
at FDLE along with signature page.
l ity of Lake ry
J n Litton, City Manager
of Lake Mary, Florida
Dat
Party's acceptance of the Voluntary Cooperation Mutual Aid Agreement among the
member agencies of Seminole County, Florida
City /CountylState Traffic Enforcement Unit
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 pane and any further evidence of authorization you wishto remain on file -
at FDLE along with signature page.
City of Longwood
a1/4-5:
2Lt
B ian Sackett, Ma
City of Longwood`Fiaricia
t"P ■S4a.✓N`I Co) ? roh7
Date -J
Party's acceptance of the Voluntary Cooperation Mutual Aid Agreement among the
member agencies of Seminole County, Florida
CitylCountylState Traffic Enforcement Unit
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 and any further evidence of authorization you wish to remain on file -
at FDLE along with signature page.
City of M itla rz<
Ga alhoun, hie of Police
City of Maitland, Florida
Ol'20 "° di
Date
Party's acceptance of the Voluntary Cooperation Mutual Aid Agreement among the
member agencies of Seminole County, Florida
City /County /State Traffic Enforcement Unit
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 and any further evidence of authorization you wish to remain on file
at FDLE along with signature page.
ORLAND SANFORD P T AUTHORITY
Larr Dale, President & CEO
Sanford Ai ort Authority
D
Party's acceptance of the Voluntary Cooperation Mutual Aid Agreement among the
member agencies of Seminole County, Florida
City /County /State Traffic Enforcement Unit
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 and any further evidence of authorization you wish to remain on file -- -
at FDLE along with signature page.
City of Oviedo
Mary LouAndrevs, Mayor
City of Oviedo, Florida
December 3, 2008
Date
Party's acceptance of the Voluntary Cooperation Mutual Aid Agreement among the
member agencies of Seminole County, Florida
City /County /State Traffic Enforcement Unit
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 and any further evidence of authorization - you wish to remain on file
at FDLE along with signature page.
City of Sanford
Sherman Yehl, Ci anager
City of Sanford, Florida
Date
Party's acceptance of the Voluntary Cooperation Mutual Aid Agreement among the
member agencies of Seminole County, Florida
City /County /State Traffic Enforcement Unit
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 and any further evidence of authorization wish to remain on file
at FDLE along with signature page.
Se - ' • ole Cou Lileriff s Office
Donald F. Eslinger, Sheriff
11 ►� -P�
Date
Party's acceptance of the Voluntary Cooperation Mutual Aid Agreement among the
member agencies of Seminole County, Florida
City /County /State Traffic Enforcement Unit
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 and any further evidence of authorization you wish to remain on file
at FDLE along with signature page.
City of Winter Sprin s
h law
Kevin Brunelle, Acting Chief of Police
City of Winter Springs, Florida
Date
Party's acceptance of the Voluntary Cooperation Mutual Aid Agreement among the
member agencies of Seminole County, Florida
City /CountylState Traffic Enforcement Unit
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 tigriature page and any further evidence of authorization you wish to remain on file
at FDLE along with signature page.
Flo ...a Department of Transportation
• ■ - -Q 11
Meli •a Conn- - Stultz, Lie t-nant
Florida Department of T - sportation
Motor Carrier Compliance
115 f )ao?
Date
Party acceptance of the Voluntary Cooperation Mutual Aid Agreement among the
Member agencies of Seminole County, Florida
City/County/ State Traffic Enforcement Unit
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 and any further evidence of authorization you wish to remain on file
at FDLE along with signature page.
Florida Highway Patrol a Division of the
Department of Highway Safety & Motor Vehicles
Stacy ' rias, " hief Bureau f Purchasing & Contracts
ig(
Date
Party's acceptance of the Voluntary Cooperation Mutual Aid Agreement among the
member agencies of Seminole County, Florida
CitylCountylState Traffic Enforcement Unit
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 and any further evidence of authorization you wish to remain on file
at FDLE along with signature page.
SEMINOLE COUNTY
L1 kW%
Cynthia A. Cc • ounty Manager
Seminole Cou lorida
Date
INTER -LOCAL VOLUNTARY COOPERATION
OPERATIONAL ASSISTANCE
MUTUAL AID AGREEMENT
The City of Altamonte Springs, Florida
The City of Casselberry, Florida
The City of Lake Mary, Florida
The City of Longwood, Florida
The City of Maitland, Florida
The City of Oviedo, Florida
The City of Sanford, Florida
The City of Winter Springs, Florida
The Sanford Airport Authority
and
The Sheriff of Seminole County, Florida
WHEREAS, the subscribed law enforcement agencies are so located in relation to each
other that it is to the advantage of each to receive and extend Mutual Aid in the form of
law enforcement services and resources to adequately respond to continuing, multi-
jurisdictional law enforcement problems, so as to protect the public peace and safety, and
preserve the lives and property of the people; and,
WHEREAS, the Altamonte Springs Police Department, the Casselberry Police
Department, the Lake Mary Police Department, the Longwood Police Department, the
Maitland Police Department, the Oviedo Police Department, the Sanford Police
Department, the Winter Springs Police Department, Sanford Airport Authority Police
Department and the Seminole County Sheriff's Office have the authority under Part I of
Chapter 23, Florida Statutes, the Florida Mutual Aid Act, to enter into a Voluntary
Cooperation Agreement for assistance of a routine law enforcement nature that crosses
jurisdictional lines and a Requested Operational Assistance Agreement for the
rendering of assistance in connection with a law enforcement emergency.
NOW, THERFORE, THE PARTIES AGREE AS FOLLOWS:
SECTION I. PROVISIONS FOR REQUESTED OPERATIONAL ASSISTANCE
Mutual Aid Agreement — January 2009 Page 1 of 5
Cities of Altamonte Springs, Casselberry, Lake Mary, Longwood,
Maitland, Oviedo, Sanford, Winter Springs, Sanford Airport Authority
and Seminole County, Florida
THEREFORE, be It known that the aforesaid law enforcement agencies hereby approve
and enter into this Agreement whereby each of the agencies may request or agree to
render law enforcement assistance to the other in law enforcement emergencies to
include, but not necessarily be limited to, civil disturbances, large, protest demonstrations,
aircraft disaster, fires, natural or man -made disaster, sporting events, concerts, parades,
escapes from detention facilities, incidents requiring utilization of specialized units, or
other emergency as defined in Section 252.34, Florida Statutes..
SECTION II. PROVISIONS FOR VOLUNTARY COOPERATION
THEREFORE, be it known that the aforesaid law enforcement agencies hereby approve
and enter into this Agreement whereby each of the agencies may render law
enforcement assistance to the other in dealing with any violations of Florida Statutes to
include, but not necessarily be limited to, investigating homicides, sex offenses,
robberies, assaults, burglaries, larcenies, gambling, motor vehicle thefts, and drug
violations, pursuant to Chapter 893, Florida Statutes, back -up services, inter - agency task
forces, and/or joint investigations including but not limited to, the City/County /State Traffic
Enforcement Unit, the City /County Investigative Bureau, the City/County Canine Unit,
The Special Weapons and Tactics Team, and the Bomb Disposal Unit
SECTION III, POLICY AND PROCEDURE
A. In the event that a party to this Agreement is in need of assistance as set forth
above, it shall notify the agency head or his designee from whom such assistance is
required. The agency head designee whose assistance is sought shall evaluate the
situation and the agency's available resources, consult with his/her supervisors if
necessary, and will respond in a manner he /she deems appropriate. The agency
head's decision in this regard shall be final.
B. The resources or facilities that are assigned by the assisting agency shall be
under the immediate command of a supervising officer, designated by the assisting
agency head. Such supervising officer shall be under the direct supervision and
command of the agency head or his designee of the agency requesting assistance.
C. Where investigative priorities arise during a law enforcement operation that may
Mutual Aid Agreement — January 2009 Page 2 of 5
Cities of Altamonte Springs, Casselberry, Lake Mary, Longwood,
Maitland, Oviedo, Sanford, Winter Springs, Sanford Airport Authority
and Seminole County, Florida
require the crossing of jurisdictional lines, each party agrees that the agency
administrator or his designee on duty shall notify the agency administrator of the
jurisdiction entered, and request enforcement assistance. The responding agency
administrator or-his designee shall evaluate the situation, consult with his appropriate
supervisor if necessary, and, if required, insure that proper enforcement assistance is
rendered.
D. 1. Should an officer of a participating agency be in another jurisdiction for matters of
a routine nature, or investigative nature, such as traveling through the area on
routine business, attending a meeting, or going to or from work, and a criminal
violation of Florida Statutes occurs in the presence of said officer, and said violation
is a felony or other offense constituting a breach of the peace, the officer shall be
empowered to render enforcement assistance and act in accordance with the law.
2. In the event a law enforcement officer of one of the parties to this Agreement has
probable cause to arrest an individual for a felony offense in his/her jurisdiction and
requests assistance in the location and apprehension of the suspect, and a law
enforcement officer of one of the other parties to this Agreement is in the
jurisdiction of the party requesting assistance and observes the suspect, the officer,
representing his/her party, shall be empowered to render law enforcement
assistance and act in accordance with the law and this Agreement.
3. Prior to enforcement action being taken in the other agency's jurisdiction, the officer
shall notify that jurisdiction's Communications Center of the situation. The only
exception would be the situation where immediate action is necessary. In that
• event, the Communications Center would be notified immediately thereafter.
E. Should additional violations of Florida Statutes occur in the presence of said officer,
representing his or her respective agency in furtherance of this Agreement, he/she
shall be empowered to render enforcement assistance and act in accordance with the
law.
SECTION IV. POWERS, PRIVILEGES, IMMUNITIES, AND COSTS
A. Members of the subscribed law enforcement agencies, when actually engaging in
Mutual Aid Agreement — January 2009 Page 3 of 5
Cities of Altamonte Springs, Casselberry, Lake Mary, Longwood,
Maitland, Oviedo, Sanford, Winter Springs, Sanford Airport Authority
and Seminole County, Florida
mutual cooperation and assistance outside of the jurisdictional limits of their respective
agencies, under the terms of this Agreement, shall, pursuant to the provisions of
Section 23.127, Florida Statutes, have the same powers, duties, rights, privileges, and
- immunities, as if -they were - performing their duties in the political subdivision in which -
they are normally employed.
B. Each party agrees to fumish necessary equipment, resources, and facilities, and to
render services to each other party to the Agreement as set forth above, provided
however, that no party shall be required to deplete unreasonably its own equipment,
resources, facilities, and services, in fumishing such mutual aid.
C. The agency fumishing aid, pursuant to this Agreement, shall bear the Toss or
damages to such equipment, and shall pay any expense incurred in the operation and
maintenance thereof.
D. The agency fumishing aid, pursuant to this Agreement, shall compensate its
appointees /employees during the time such aid is rendered, and shall defray the
actual travel maintenance expenses of such appointees /employees while they are
rendering such aid, including any amounts paid or due for compensation due to
personal injury or death while such appointees /employees are engaged in rendering
such aid.
E. All the privileges and immunities from liability, exemption from laws, ordinances
and rules, and all pension, insurance, relief, disability, worker's compensation, salary,
death, and other benefits that apply to the activity of such officers, agents, or
employees of any such agency when performing their respective functions within the
territorial limits of their respective public agencies, shall apply to them to the same
degree, manner, and extent while engaged in the performance of any of their functions
and duties extraterritorially under the provisions of this Mutual Aid Agreement. The
provisions of this section shall apply with equal effect to full time paid, part time,
volunteers, and reserve members.
SECTION V. INDEMNIFICATION
Each party engaging in any mutual cooperation and assistance, pursuant to this
Agreement, agrees with respect to any suit or claim for damages resulting from any and
Mutual Aid Agreement — January 2009 Page 4 of 5
Cities of Altamonte Springs, Casselberry, Lake Mary, Longwood,
Maitland, Oviedo, Sanford, Winter Springs, Sanford Airport Authority
and Seminole County, Florida
all acts, omissions, or conduct of such party's own appointees /employees occurring while
engaging in rendering such aid, pursuant to this Agreement, to hold harmless, defend,
and indemnify the other participating party and his appointees /employees, subject to
- provisions of Section 768.28, Florida Statutes, where applicable and to the extent
permitted by law. Any party having a duty to indemnify and defend under this
Agreement shall have control of the defense of any suit or claim arising under said duty.
Each party shall be responsible for the acts, omissions, or conducts of its own
employees.
SECTION VI. INSURANCE PROVISIONS
Each party shall provide satisfactory proof of liability insurance by one or more of the
means specified in Section 768.28(14), Florida Statutes, in an amount that is, in the
judgment of the goveming body of that party, at least adequate to cover the risk to which
that party may be exposed. Should the insurance coverage, however provided, of any
party be canceled or undergo material change, that party shall notify all parties to this
Agreement of such change within ten (10) days of receipt of notice or actual knowledge
of such change.
SECTION VII. 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 1, 2013, unless •
terminated prior thereto by any or all the parties herein.
SECTION VIII. CANCELLATION
This Agreement may be canceled by any party upon delivery of written notice to the
other parties. Cancellation will occur at the direction of any subscribing party.
IN WITNESS WHEREOF, THE PARTIES HERETO CAUSE THESE PRESENTS TO BE
SIGNED ON THE DATE SPECIFIED:
Mutual Aid Agreement — January 2009 Page 5 of 5
Cities of Altamonte Springs, Casselberry, Lake Mary, Longwood,
Maitland, Oviedo, Sanford, Winter Springs, Sanford Airport Authority
and Seminole County, Florida
Parry's acceptance of the Voluntary Cooperation Mutual Aid Agreement among the
member agencies of Seminole County, Florida
INTERLOCAL VOLUNTARY COOPERATION FOR OPERATIONAL ASSISTANCE
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 and any further evidence of authorization you wish to remain on file
at FDLE along with signature page.
City of Altamonte Springs ,24.,..s> .,,,,, #.,,,..
...,,
. ...
Patricia Bates, Mayor �• o °� • City of Altamonte Springs, Florida
• 1920 : Q
,
c • . , o •
�(a0 .1 9 c k1 O , ' 4. C . � . „�,
Date 7 '� 'unlr„ii u tu,�a���•
Party's acceptance of the Voluntary Cooperation Mutual Aid Agreement among the
member agencies of Seminole County, Florida
INTERLOCAL VOLUNTARY COOPERATION FOR OPERATIONAL ASSISTANCE
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 you wish to remain on file - - -
at FDLE along with signature page.
City of Casselberry
Charlene Gian , I4ayor
City of Casselberry, Florida
/ /LD
Date
Party's acceptance of the Voluntary Cooperation Mutual Aid Agreement among the
member agencies of Seminole County, Florida
INTERLOCAL VOLUNTARY COOPERATION FOR OPERATIONAL ASSISTANCE
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 and any further evidence of authorization you wish remain on file
at FDLE along with signature page.
CSX RAILROAD POLICE DEPARTMENT
(qi// °#. a-T14°1— •
Ron Richard .n, Special Agent
CSX Railroad Police Department
Orlando Office of Special Agents
//g
Date
Party's acceptance of the Voluntary Cooperation Mutual Aid Agreement among the
member agencies of Seminole County, Florida
INTERLOCAL VOLUNTARY COOPERATION FOR OPERATIONAL ASSISTANCE
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 and further evidence of authorization you-wish to remain on file
at FDLE along with signature page.
Ci • f Lake Mary
Jo/ itton, City Manager
Ci of Lake Mary, Florida
II/J.1103
Datt
•
Party's acceptance of the Voluntary Cooperation Mutual Aid Agreement among the
member agencies of Seminole County, Florida
INTERLOCAL VOLUNTARY COOPERATION FOR OPERATIONAL ASSISTANCE
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 and any further evidence of authorization you wish remain on file -
at FDLE along with signature page.
City of Lon wood
Brian Sackett, Mayor e)14
City of Longwood, or'
�e. brta r`L[ � 2 -C CD?
Date 'J
•
Party's acceptance of the Voluntary Cooperation Mutual Aid Agreement among the
member agencies of Seminole County, Florida
INTERLOCAL VOLUNTARY COOPERATION FOR OPERATIONAL ASSISTANCE
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 and - any further evidence of authorization you wish to remain on file - - - - -
at FDLE along with signature page.
City of Mai an /‹
Gary alhouun ief of Police
City of Maitland, Florida
a) '20 - 9
Date
Party's acceptance of the Voluntary Cooperation Mutual Aid Agreement among the
member agencies of Seminole County, Florida
INTERLOCAL VOLUNTARY COOPERATION FOR OPERATIONAL ASSISTANCE
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 and any further evidence of authorization you wish -to remain on file - • • -
at FDLE along with signature page.
City of Oviedo
Mary LoEYAnd ws, Mayor
City of Oviedo, Florida
December 3, 2008
Date
Party's acceptance of the Voluntary Cooperation Mutual Aid Agreement among the
member agencies of Seminole County, Florida
INTERLOCAI_ VOLUNTARY COOPERATION FOR OPERATIONAL ASSISTANCE
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 and any further evidence of authorization wish to remain on file
at FDLE along with signature page.
City of Sanford
Sherman Yehl, C Manager
City of Sanford, Florida
VI, ol o15 -
Date
Party's acceptance of the Voluntary Cooperation Mutual Aid Agreement among the
member agencies of Seminole County, Florida
INTERLOCAL VOLUNTARY COOPERATION FOR OPERATIONAL ASSISTANCE
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 any further evidence of authorization you wish to remain on file
at FDLE along with signature page.
ORLAN SANFORD Al ORT AUTHORITY
L . Dale, President & CEO
Sanford Airport Authority
/VeY
Dat
Party's acceptance of the Voluntary Cooperation Mutual Aid Agreement among the
member agencies of Seminole County, Florida
INTERLOCAL VOLUNTARY COOPERATION FOR OPERATIONAL ASSISTANCE
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 and any further evidence of authorization you wish to remain on file - - - - -
at FDLE along with signature page.
S : . ,=\ • unty Sheriffs Office
Donald F. Eslinger, Sheriff
a i4Cre.
Date
Party's acceptance of the Voluntary Cooperation Mutual Aid Agreement among the
member agencies of Seminole County, Florida
INTERLOCAL VOLUNTARY COOPERATION FOR OPERATIONAL ASSISTANCE
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 and any further evidence of authorization you wish to remain on file
at FDLE along with signature page.
City of Winter Springs
k--(
Kevin Brunelle, Acting Chief of Police
City of Winter Springs, Florida
Il — l 9- 0s
Date
•
INTER -LOCAL VOLUNTARY COOPERATION
OPERATIONAL ASSISTANCE
THE CITY /COUNTY CANINE (K -9) UNIT
The City of Altamonte Springs, Florida
The City of Casselberry, Florida
The City of Lake Mary, Florida
The City of Longwood, Florida
The City of Maitland, Florida
The City of Oviedo, Florida
The City of Sanford, Florida
The City of Winter Springs, Florida
and
The Sheriff of Seminole County, Florida
WHEREAS, the Altamonte Springs Police Department, the Casselberry Police
Department, the Lake Mary Police Department, the Longwood Police Department, the
Maitland Police Department, the Oviedo Police Department, the Sanford Police
Department, the Winter Springs Police Department, the Sanford Airport Authority and the
Seminole County Sheriffs Office have the authority under Part I of Chapter 23, Florida
Statutes, the Honda Mutual Aid Act, to enter into a Voluntary Cooperation Agreement
for assistance of a routine law enforcement Canine Services according to procedures
specified herein.
NOW, THERFORE, THE PARTIES AGREE AS FOLLOWS:
SECTION 1. DEFINITIONS
A. Canine (K - 9): A working dog specifically trained to execute a number of specific law
enforcement and public safety tasks that utilize the canine's speed, agility, and sense
of smell. All canines must comply with the training and performance standards
outline in Section V. herein.
B. Handler: A law enforcement officer who has been specially trained the care,
handling, and utilization of a police canine in those skills established by the United
States Police Canine Association.
C. Canine Team: A canine handler and his/her assigned canine.
SECTION 11. CANINE ASSISTANCE REQUEST AND RESPONSE
City/County K-9 Unit Mutual Aid Agreement — January 2009 Page 1 of 8
Cities of Altamonte Springs, Casselberry, Lake Mary, Longwood,
Maitland, Oviedo, Sanford, Winter Springs, Sanford Airport Authority
and Seminole County, Florida
A. The City /County Canine Unit (CCCU) is a multi- agency unit, organized and
formulated to provide a resource pool of canines and canine handlers who train and
work together. These canines and handlers are available to respond to law
enforcement agencies' request(s) for assistance under the provisions of the policy
and procedures set forth in this Voluntary Cooperation Agreement.
B. Requests for canine assistance from member agencies of the CCCU shall be
initiated by the on -duty supervisor. The requesting supervisor must state the reason
the canine team is needed and the estimated time the canine team will be needed.
C. The request from member agencies shall be received by the Communications Center
and routed to the on-duty Shift Commander.
D. The Canine Supervisor or Shift Commander shall evaluate the request and approve
as appropriate.
E An agency with canines will utilize their on -duty canine teams first, before calling for
an outside agency's canine team assistance unless a specific canine's ability is
needed
F. Once on the scene of an incident, the canine handler will report to the incident
commander.
G. Subject to consultation with the incident commander from the requesting agency, the
deployment and use of his /her canine will be at the discretion of the canine handler.
The handler will follow his /her agency's policy on the use of the canine.
H. Where operational requirements develop during a law enforcement operation that
require the crossing of jurisdictional lines, each party agrees to notify by radio,
telephone, or in writing, the Sheriff /Chief, or his designee, of the jurisdiction(s)
involved, prior to or as soon as possible thereafter, when jurisdictional lines are
crossed.
I. Anytime a canine handler is deploying outside of his/her jurisdiction, he /she will notify
the local jurisdiction via radio or telephone of the deployment and reason.
J. While on a deployment, canine handlers will maintain communications at all times
with the appropriate jurisdiction within which they are located.
SECTION III. CANINE DEPLOYMENTS
CitylCounty K -9 Unit Mutual Aid Agreement —January 2009 Page 2 of 8
Cities of Altamonte Springs, Casselberry, Lake Mary, Longwood,
Maitland, Oviedo, Sanford, Winter Springs, Sanford Airport Authority
and Seminole County, Florida
Canine Teams may be deployed for numerous purposes including, but not limited to, the
following:
1. Area searches
2. _.Tracking
3. Building searches
4. Vehicle searches
5. Search for victims /missing persons
6. Crowd control
7. Article searches
8. Criminal apprehension
9. Warrants
10. Passive tracking
11. Narcotics Detection
12. Cadaver searches
13. Explosives, incendiary devices / ubstances and volatile substance detection.
SECTION IV. GUIDELINES FOR CANINE USAGE
A. General
1. Officers shall not approach the canine and/or canine vehicle without the
knowledge and consent of the canine handler.
2. Officers should not enter an area or building that the canine is searching unless
advised to by the canine handler.
3. In the event the handler becomes involved in a physical altercation or is attacked,
officers should move away from the handler and /or the subject. As the canine
exits the patrol vehicle, he is trained to come to the handler's aid. The canine is
not trained to recognize uniforms or refrain from attacking persons in uniform.
B. Searches
1. The canine may be trained to alert to the presence of narcotics including but not
limited to cannabis, cocaine (including crack), and heroin. However, the canine
should not be used to search persons for possession of narcotics unless the
canine is trained for passive alert.
City/County K -9 Unit Mutual Aid Agreement—January 2009 Page 3 of 8
Cities of Altamonte Springs, Casselberry, Lake Mary, Longwood,
Maitland, Oviedo, Sanford, Winter Springs, Sanford Airport Authority
and Seminole County, Florida
2. The first officer at the scene should not touch, approach, retrieve, or handle any
evidence, articles, or debris believed to be associated to or with the scene.
3. Officers should be directed to secure the scene and establish and maintain a
perimeter. They shall maintain said perimeter until advised to discontinue the
perimeter by the canine handler or supervisor.
4. If a building is to be searched, all perimeter officers must stand away from, and out
of view of windows, doors, and other openings.
5. One officer should remain at the point of entry to assist in the event suspects are
located and /or trouble ensues.
C. Tracking
1. When tracking an armed suspect, one officer should follow approximately fifty (50)
feet behind the handler (or at a distance the handler deems necessary) to provide
protection and cover.
2. Whenever a Canine Team is called to initiate a track, officers on the scene must
use care not to contaminate the crime (track) scene. Officers must not allow
victims or witnesses to contaminate the crime (track) scene.
D. Special Usage
1. Usage of a Canine Team for crowd control shall require prior approval of the
Sheriff /Chief, or their designee.
2. Canine Scent Line -Up procedures are as follows:
a. Tests shall be done in a fair, objective manner.
b. Cross contamination between the scent article and questioned article should
be prevented.
c. Physical contact between the scent article and the questioned article should
be eliminated.
i. This includes preventing one officer from having contact with both
articles.
ii. The same officer should never touch the scent article and the
questioned article.
d. Canine handlers will select officers or other assistants to handle the items
and set up the Tine -ups.
e. Items of evidence for scent Tine -ups shall be packaged properly.
City /County K-9 Unit Mutual Aid Agreement — January 2009 Page 4 of 8
Cities of Altamonte Springs, Casselberry, Lake Mary, Longwood,
Maitland, Oviedo, Sanford, Winter Springs, Sanford Airport Authority
and Seminole County, Florida
f. The area of a scent line -up should be one where the defendant has not been
recently present.
g. If there is going to be more than one scent line -up, handlers must ensure that
subsequent fine- ups_are conducted far enough apart that any pooled scent
will not affect the second line -up.
h. Handlers shall document all scent line -ups by videotape, photographs, and /or
a written report.
i. Canine handlers conducting the canine scent line -up search should not be
informed or aware of the correct item location in advance in order to ensure
the canine's independence and initiative.
SECTION V. TRAINING AND PERFORMANCE STANDARDS
A. General
1. All canine teams must successfully meet the initial and re- certification requirements
set forth by the Florida Criminal Justice Training and Standards Commission. This is
the minimum state requirement for patrol canine operations.
2. All agencies with canine teams will provide copies of the initial training certificates
and re- certification certificates to each Sheriff /Chief or his designee on an annual
basis.
3 Handlers will document all training done with their canines. Documentation of canine
training shall be on training forms approved by the handler's agency.
B. Specialized Training
1. Training for passive tracking canines or canines used to locate narcotics, explosives,
and cadavers will be administered by a recognized trainer and /or training facility.
2. Each handler and canine team receiving specialized training will be certified by the
training facility or a nationally recognized association such as the United States
Police Canine Association, North American Police Work Dog Association, National
Police Canine Association, or the Law Enforcement Bloodhound Association.
3. Copies of initial specialized training certificates and /or additional training certificates
shall be submitted to each Sheriff /Chief or his /her designee on an annual basis.
City /County K-9 Unit Mutual Aid Agreement — January 2009 Page 5 of 8
Cities of Altamonte Springs, Casselberry, Lake Mary, Longwood,
Maitland, Oviedo, Sanford, Winter Springs, Sanford Airport Authority
and Seminole County, Florida
SECTION VI. RESPONSE TO RESISTANCE
A. Each participating Agency shall have a written policy addressing when a handler is
authorized to utilize his /her canine to forcibly control a suspect.
B. - When the canine makes a physical apprehension, the suspect shall be taken into
custody and turned over to the officer that requested the canine team services.
C. The handler shall be responsible for ensuring medical aid is summoned as soon as
safety permits and shall notify his /her supervisor of the incident. The suspect shall
be evaluated by medical personnel or transported to a hospital.
D. Handlers utilizing force (including their canine's force) shall complete a "Response to
Resistance" form as prescribed by their agency.
E. All injuries caused by canines shall be photographed and attached to the "Response
to Resistance Report" and shall include a photograph of the subject's face for
identification purposes.
F. The "Response to Resistance Report" packet shall be forwarded through the
handler's chain of command. Copies shall be provided to the arresting officer if
requested or necessary.
G. Handlers shall immediately report all accidental canine bites to their supervisor and
shall fully document all accidental canine bites.
SECTION VII. POWERS, PRIVILEGES, IMMUNITIES, AND COSTS
A. Members of the subscribed law enforcement agencies, when actually engaging in
mutual cooperation and assistance outside of the jurisdictional limits of their
respective agencies, under the terms of this Agreement, shall, pursuant to the
provisions of Section 23.127, Florida Statutes, have the same powers, duties, rights,
privileges, and immunities, as if they were performing their duties in the political
subdivision in which they are normally employed.
B. Each party agrees to fumish necessary equipment, resources, and facilities, and to
render services to each other party to the Agreement as set forth above, provided
however, that no party shall be required to deplete unreasonably its own equipment,
resources, facilities, and services, in furnishing such mutual aid.
City /County Ka Unit Mutual Aid Agreement — January 2009 Page 6 of 8
Cities of Altamonte Springs, Casselberry, Lake Mary, Longwood,
Maitland, Oviedo, Sanford, Winter Springs, Sanford Airport Authority
and Seminole County, Florida
C. The agency fumishing aid, pursuant to this Agreement, shall bear the loss or
damages to such equipment, and shall pay any expense incurred in the operation -
and maintenance thereof.
D. The agency furnishing aid, pursuant to this Agreement, shall compensate its
appointees /employees during the time such aid is rendered, and shall defray the
actual travel maintenance expenses of such appointees /employees while they are
rendering such aid, including any amounts paid or due for compensation due to
personal injury or death while such appointees /employees are engaged in rendering
such aid.
E. All the privileges and immunities from liability, exemption from laws, ordinances and
rules, and all pension, insurance, relief, disability, worker's compensation, salary,
death, and other benefits that apply to the activity of such officers, agents, or
employees of any such agency when performing their respective functions within the
territorial limits of their respective public agencies, shall apply to them to the same
degree, manner, and extent while engaged in the performance of any of their
functions and duties extraterritorially under the provisions of this Mutual Aid
Agreement. The provisions of this section shall apply with equal effect to full time
paid, part time, volunteers, and reserve members.
SECTION VIII. INDEMNIFICATION
Each party engaging in any mutual cooperation and assistance, pursuant to this
Agreement, agrees with respect to any suit or claim for damages resulting from any and
all acts, omissions, or conduct of such party's own appointees /employees occurring while
engaging in rendering such aid, pursuant to this Agreement, to hold harmless, defend,
and indemnify the other participating party and his appointees /employees, subject to
provisions of Section 768.28, Florida Statutes, where applicable and to the extent
permitted by law. Any party having a duty to indemnify and defend under this
Agreement shall have control of the defense of any suit or claim arising under said duty.
Each party shall be responsible for the acts, omissions, or conducts of its own
employees.
SECTION IX. INSURANCE PROVISIONS
CitylCounty K•9 Unit Mutual Aid Agreement - January 2009 Page 7 of 8
Cities of Altamonte Springs, Casselberry, Lake Mary, Longwood,
Maitland, Oviedo, Sanford, Winter Springs, Sanford Airport Authority
and Seminole County, Florida
Each party shall provide satisfactory proof of liability insurance by one or more of the
means specified in Section 768.28(14), Florida Statutes, in an amount that is, in the
judgment of the governing body of that party, at least adequate to cover the risk to which
that party may be exposed. Should the insurance coverage, however provided, of any
party be canceled or undergo material change, that party shall notify all parties to this
Agreement of such change within ten (10) days of receipt of notice or actual knowledge
of such change.
SECTION X. EFFECTIVE DATE
This City /County Canine (K -9) Unit Voluntary Cooperation Agreement shall take
effect upon execution and approval by the hereinafter named officials, and shall continue
in full force and effect until January 01, 2013, unless terminated prior thereto by any or
all the parties herein.
SECTION XII. CANCELLATION
Under no circumstances may this Agreement be renewed or extended, except in writing.
Any party may withdraw from this Agreement upon thirty (30) days written notice to all
other parties signatured below.
IN WITNESS WHEREOF, THE PARTIES HERETO CAUSE THESE PRESENTS TO BE
SIGNED ON THE DATE SPECIFIED:
CitylCounty K•9 Unit Mutual Aid Agreement — January 2009 Page 8 of 8
Cities of Altamonte Springs, Casseiberry, Lake Mary, Longwood,
Maitland, Oviedo, Sanford, Winter Springs, Sanford Airport Authority
and Seminole County, Florida
Party's acceptance of the Voluntary Cooperation Mutual Aid Agreement among the
member agencies of Seminole County, Florida for the
CITY COUNTY K9 UNIT
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 and any further evidence of authorization you wish to remain on file
at FDLE along with signature page.
C tamonte Springs
oq ►►uunin! «p i
� O NTE Sp a,�
Patricia Bates, Mayor oR z
City it: st of Altamonte Springs, Florida ` gyp
1920 ; a
Date V,4 a noon a "‘,���``
Party's acceptance of the Voluntary Cooperation Mutual Aid Agreement among the
member agencies of Seminole County, Florida for the
CITY COUNTY K9 UNIT
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 and any further evidence of authorization you wish -to remain on file -- -
at FDLE along with signature page.
City of Casselberry
Charlene Glancy aKr
City of Casselberry, Florida
// r7 I°
Date
Party's acceptance of the Voluntary Cooperation Mutual Aid Agreement among the
member agencies of Seminole County, Florida for the
CITY COUNTY K9 UNIT
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 and any further evidence of authorization you wish to remain on file
at FDLE along with signature page.
City of Lake Mary
J n Litton, City Manager
of Lake Mary, Florida
ilPOW
Date
Party's acceptance of the Voluntary Cooperation Mutual Aid Agreement among the
member agencies of Seminole County, Florida for the
CITY COUNTY K9 UNIT
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 and any further evidence of authorization you wish to remain on file -
at FDLE along with signature page.
City of Longwood
Brian Sackett, Mayor
City of Longwood, Fion
a ( 2 007
Date -
Party's acceptance of the Voluntary Cooperation Mutual Aid Agreement among the
member agencies of Seminole County, Florida for the
CITY COUNTY K9 UNIT
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 and any further evidence of authorization you wish to remain on file - •
at FDLE along with signature page.
City of M 'tl
Gary alhoun, Chief of Police
City of Maitland, Florida
en-La-01
Date
Party's acceptance of the Voluntary Cooperation Mutual Aid Agreement among the
member agencies of Seminole County, Florida
CITY/COUNTY K9 UNIT
- - 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 and any further evidence of authorization you wish to remain on file
at FDLE along with signature page.
ORLANDO SANFORD AIRPORT AUTHORITY
/ A. ale, President & CEO
Sanford Airport Authority
/ q / i7
Date/
Party's acceptance of the Voluntary Cooperation Mutual Aid Agreement among the
member agencies of Seminole County, Florida for the
CITY COUNTY K9 UNIT
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 and any further evidence of authorization -you wish to remain on file - . -
at FDLE along with signature page.
City of Oviedo
Mary Loua(i dreVvs, Mayor
City of Oviedo, Florida
December 3. 2008
Date
Party's acceptance of the Voluntary Cooperation Mutual Aid Agreement among the
member agencies of Seminole County, Florida for the
CITY COUNTY K9 UNIT
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 and-any further evidence of authorization you wish to remain on file
at FDLE along with signature page.
City of Sanford
Sherman Yehl, Ci anager
City of Sanford, Florida
Date
Party's acceptance of the Voluntary Cooperation Mutual Aid Agreement among the
member agencies of Seminole County, Florida for the
CITY COUNTY K9 UNIT
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 and any further evidence of authorization you wish to remain on file
at FDLE along with signature page.
Semino li Sheriffs Office
Dona d F. Eslinger, Sheriff
INIcaq
Date
Party's acceptance of the Voluntary Cooperation Mutual Aid Agreement among the
member agencies of Seminole County, Florida for the
CITY COUNTY K9 UNIT
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 and any further evidence of authorization you wish to remain on file -
at FDLE along with signature page.
City of Winter Springs
Kevin Brunelle, Acting Chief of Police
City of Winter Springs, Florida
Date
VOLUNTARY COOPERATION MUTUAL AID AGREEMENT
AMONG THE PARTICIPATING AGENCIES AND THE FLORIDA
DEPARTMENT OF LAW ENFORCEMENT TO FORM A
CHILD ABUCTION RESPONSE TEAM
WHEREAS, the below subscribed law enforcement agencies have joined together in a multi -
jurisdictional effort to rescue abducted Child and under circumstances allocate their resources
to missing /endangered Child cases; and
WHEREAS, the undersigned agencies are all participants in a multi- agency effort known
collectively as the Child Abduction Response Team (CART); and
WHEREAS, the undersigned agencies agree to utilize applicable state and federal laws to
prosecute criminal, civil, and forfeiture actions against identified violators, as appropriate; and
WHEREAS, the undersigned agencies have the authority under Part 1, Chapter 23, Florida
Statutes, "the Florida Mutual Aid Act," to enter into a voluntary agreement for cooperation and
assistance of a routine law enforcement nature that crosses jurisdictional lines; and
WHEREAS, the subscribing law enforcement agencies are so located in relation to each other
that it is to the advantage of each to receive and extend mutual aid in the form of law
enforcement services and resources to adequately respond to continuing, multi - jurisdictional
criminal activity, so as to protect the public peace and safety, and preserve the lives and
property of the citizens; and
WHEREAS, this agreement does not supercede or take the place of any other agreement
entered into by the various members of the Child Abduction Response Team. Those
agreements shall remain in full effect.
NOW THEREFORE, the parties agree as follows:
As acknowledged by their execution of this Agreement, each of the undersigned law
enforcement agencies approve, authorize and enter into this Agreement at the request of the
member agencies of the Child Abduction Response Team and the Florida Department of Law
Enforcement (FDLE), subject to the terms and conditions noted herein, for the purposes and
goals indicated.
Additional parties may, at the request and with the approval of FDLE and the other Child
Abduction Response Team members, enter in this Agreement at a later date as evidenced by
their signing of the Agreement. Any party may cancel its participation in the Agreement upon
delivery of written notice of cancellation to the Florida Department of Law Enforcement.
CHILD ABDUCTION RESPONSE TEAM GOALS AND COOPERATION TO BE RENDERED:
The primary goal of the Child Abduction Response Team is to provide a pool of specialized
investigators which are available to focus dedicated and intensive investigative, preventative,
and general law enforcement efforts primarily with regard to cases involving abducted Child. To
provide for voluntary cooperation, each of the Child Abduction Response Team agencies
hereby approve and enter into this agreement whereby each of the agencies may request and
render law enforcement assistance to Child Abduction Response Team member agencies, or
other, in dealing with any violations of law including, but not limited to, the investigation, arrest
1
and prosecution of those involved in criminal child kidnapping, abduction, false imprisonment
and similar or related violations (utilizing state and federal law and prosecutions, as
appropriate), the rescue of the abducted child and the seizure and forfeiture of assets of those
engaged in child abduction or otherwise supporting such activity (utilizing state and federal
forfeiture options, as appropriate).
Nothing herein shall otherwise limit the ability of participating Child Abduction Response Team
members to provide, as provided by or allowed by law, such assistance in any enforcement
action as may be lawfully requested by a law enforcement officer having jurisdiction over an
incident, crime or matter under consideration.
The parties to this Agreement are contributing personnel and resources in support of the Child
Abduction Response Team efforts, with the operations of the Child Abduction Response Team
being coordinated with FDLE and other agency members.
JURISDICTION, PROCEDURES FOR REQUESTING ASSISTANCE,
COMMAND AND SUPERVISORY RESPONSIBILITY:
Jurisdiction: The principal sites of Child Abduction Response Team activity shall be in Orlando,
Orange County, Florida; Daytona Beach, Volusia County, Florida; Melbourne, Brevard County,
Florida; and Ft. Pierce, St. Lucie County, Florida. When engaged in Child Abduction Response
Team operations that have been approved by the Florida Department of Law Enforcement, as
contemplated by this Agreement, Child Abduction Response Team members that do not
otherwise have jurisdictional authority shall enjoy full jurisdictional authority anywhere in the
State of Florida, although principally focused within the counties of the FDLE Orlando Region,
with full power to enforce Florida laws and avail themselves of the provisions of this Agreement.
Officers assigned to Child Abduction Response Team operations pursuant to this agreement
shall be empowered to render enforcement assistance and take enforcement action in
accordance with the law and the terms of this Agreement. Execution of this agreement and
continued participation by FDLE and one or more Child Abduction Response Team member
agencies shall constitute a general reciprocal, continuing request for and granting of assistance
between the members of the Team that shall be considered authorized in accordance with the
provisions of this Agreement. No additional or specific formal request for assistance is required.
Child Abduction Response Team members operating outside the jurisdiction of their respective
Agencies shall not enjoy extra jurisdictional authority as law enforcement officers unless
engaged in approved Child Abduction Response Team activities as stated herein. Pursuant to
Section 23.127(1), Florida Statues, employees and agents of the undersigned Agencies
participating in the Child Abduction Response Team 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 political
subdivision in which the employee is normally employed.
Procedure for Requesting and Authorizing Assistance: Activities shall be considered authorized
only when approved and directed as provided herein by an FDLE supervisor or command
designee. The CART will normally function as a force multiplier for the requesting agency, and
the requesting agency will remain as the lead agency in overall control of the investigation,
unless the requesting agency has formally asked that the CART, under FDLE supervision or
other FDLE approved supervision, assume control of the investigation. The parties stipulate
that in the event that a significant investigative or jurisdictional dispute should arise, the issue
will immediately be forwarded to the relevant agency chief executives for resolution. If at
anytime an FDLE supervisor or FDLE special agent designee(s) determines that an extra-
territorial Child Abduction Response Team operation pursuant to this agreement should be
terminated, said operation is to be promptly terminated in a manner assuring the safety of all
involved law enforcement officers.
2
No Child Abduction Response Team member or agent shall engage in activities outside the
jurisdictional territory of the Child Abduction Response Team pursuant to the authority of this
Agreement that are not approved, are unreported or otherwise unknown to the FDLE supervisor
and which are not documented as provided herein. The FDLE supervisor(s) shall maintain
documentation that will demonstrate the daily involvement of specific employees or agents
provided by the parties to this Agreement, including each operation's supervisor or designated
leader. Such documentation will assist in memorializing which individuals had mutual aid
authority pursuant to this Agreement for particular time periods.
After consultation with other participating Child Abduction Response Team agencies, FDLE may
request that a particular employee or agent of the Child Abduction Response Team no longer
be allowed to participate in furtherance of this provision of the Agreement. Upon receiving the
request, the employing agency shall promptly terminate said person's participation in the
activities contemplated by this provision of the Agreement. Upon the request of a participating
Agency that a sworn or support member of the FDLE no longer participate in the Child
Abduction Response Team, FDLE shall, if otherwise in FDLE's best interest to do so, terminate
said member's participation in the Child Abduction Response Team. With the approval of
FDLE, a Party to this Agreement may otherwise add, substitute, reinstate, or replace any of its
sworn or support employees participating in the Child Abduction Response Team.
Whenever an operation occurs outside the territorial limits of the FDLE Orlando Regional
Operations Center, an Assistant Special Agent in Charge (ASAC) for the FDLE office in the
region affected shall be notified about the presence of Child Abduction Response Team
personnel in his or her region. Local law enforcement in the area of operation will be notified,
as appropriate.
Nothing herein shall otherwise limit the jurisdiction and powers normally possessed by an
employee as a member of the employee's Agency.
FORFEITURE ACTIONS ARISING FROM THIS AGREEMENT:
Forfeiture actions based upon seizures made by the Child Abduction Response Team may be
pursued in either state or federal actions. Actions shall be based upon current statutory and
case law. Distribution of the proceeds shall be shared equally among the participating
agencies, or as otherwise determined by written agreement.
PROPERTY AND EVIDENCE:
All property and evidence, including currency, seized in connection with state violations,
pursuant to this Agreement, outside the regular jurisdictional boundaries of the Child Abduction
Response Team, but within Florida, shall be taken into custody and processed by an FDLE
Special Agent in accordance with FDLE policy relating to the handling of property, evidence and
currency.
When such items_ are seized within the regular jurisdictional boundaries for the Child Abduction
Response Team, in connection with state violations, the items may be processed and
maintained by the lead agency, and agency with jurisdiction or as otherwise agreed upon.
If and when the investigation becomes a federal case or inquiry, any such property and
evidence will be taken into custody and processed by the Federal Bureau of Investigation or be
handled pursuant to their directions.
3
LIABILITY AND COST- RELATED ISSUES:
Each party engaging in any mutual cooperation and assistance pursuant to this Agreement
agrees to assume its own liability and responsibility for the acts, omission, or conduct of such
party's own employees while such employees are engaged in rendering such aid, cooperation
and assistance pursuant to this Agreement, subject to the provisions of Section 768.28, Florida
Statutes, where applicable, and subject to other relevant state and federal law.
Each party to this Agreement agrees to furnish necessary personnel, property, police
- equipment, vehicles, resources and facilities to render services to each other party to this
Agreement in order to affect the purposes of the Child Abduction Response Team and agrees to
bear the cost of loss or damage to such equipment, vehicles, or property. Parties understand
and agree that they will be responsible for their own liability and bear their own costs with
regard to their property and resources. This provision shall not preclude necessary property or
resources being purchased, funded, or provided by a participating party via the party's legally
vested forfeiture funds, if otherwise authorized by law.
Each Agency fumishing aid pursuant to this Agreement shall compensate its own employees
during the time such aid is rendered and shall defray the actual expenses of its employees while
they are rendering such aid, including any amounts, if legally applicable, that may be
determined to be due for compensation due to personal injury or death while such employees
are engaged in rendering such aid. The privileges and immunities from liability, exemption from
laws, ordinances, and rules, and all pension, insurance, relief, disability, workers' compensation,
salary (including overtime compensation or compensatory time), death and other benefits that
apply to the activity of an employee of an Agency when performing the employee's duties within
the territorial limits of the employee's Agency shall apply to the employee to the same degree,
manner, and extent while such employee acts under this Agreement. This provision shall not
preclude payment of compensation, including overtime compensation, for its personnel utilizing
its legally vested forfeiture funds or other funding sources to be the extent allowed by law.
Each party agrees to maintain its own comprehensive general liability insurance, professional
liability insurance, as required and automotive liability insurance or maintain a self - insuring fund
for the term of this Agreement in the amounts determined by each party to adequately insure
such party's liability assumed herein. But for Florida law enforcement officers, in no event shall
such coverage be less than the state statutory waiver of sovereign immunity limits. If requested,
each party agrees to provide the other parties with proof of the insurance or self- insurance
required hereunder. Federal participants will be governed by applicable federal laws
conceming the above liability issues.
COMPLAINTS AGAINST CHILD ABDUCTION RESPONSE TEAM MEMBERS:
Whenever a complaint has been lodged as a result of Child Abduction Response Team efforts
outside their jurisdictional boundaries pursuant to this Agreement, a designee of the FDLE shall
ascertain at a minimum:
The identity(ies) of the complainant(s) and an address where the complainant(s) may be
contacted, the nature of the complaint, any supporting evidence or facts as may be available,
including the names and addresses of witnesses to that which has been complained about, the
identity(ies) of the Child Abduction Response Team participant(s) accused and the employing
Agency(ies) of the participant(s) accused.
FDLE will promptly provide to each affected employing Agency the above information for
administrative review and appropriate handling or disposition. Each affected employing Agency
shall, upon completion of said review, notify FDLE of its findings and any actions taken.
4
Federal agency participants will handle any complaints against their personnel while such
federal personnel are involved in CART operations.
COPY TO EACH PARTICIPATING CHILD ABDUCTION RESPONSE TEAM MEMBER:
When this Agreement is fully executed, a copy shall be provided to each Child Abduction
Response Team member so that each member may be fully aware of the powers, limitations,
and expectations applicable to Child Abduction Response Team members and operations.
TERM OF AGREEMENT:
This Agreement shall be effective as to the executing Parties upon execution by the member
agencies of the Child Abduction Response Team and the FDLE. As each additional Party
executes this Agreement, it shall be effective as to the newly executing Party. 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 signified by properly
signing a separate signature page, a copy of which shall be returned to, and maintained by, the
Florida Department of Law Enforcement, Mutual Aid Coordinator, P.O. Box 1489, Tallahassee,
Florida 32302 -1489 with the original provided to the Special Agent in Charge, Florida
Department of Law Enforcement, 500 W. Robinson Street, Orlando, Florida 32801.
This Agreement shall remain in full force as to all participating Parties until December 31, 2012,
unless terminated in writing by the FDLE as to all or separate Parties. This agreement may be
renewed, amended, or extended only in writing. Any party may withdraw from this Agreement
upon providing written notice to FDLE and all other participating parties. Any written cancellation
or extension shall be initially forwarded to the FDLE Orlando address noted above.
In the event that a party agency has a change of Chief Executive Officer during the term of this
Agreement, the party agency may continue participation in the CART for the term of this
Agreement by having the new Chief Executive sign and submit a new signature page indicating
the party agency's continued desire to participate in the CART.
5
Party's Acceptance of the Voluntary Cooperation Mutual Aid Agreement among the
member Agencies of the Child Abduction Response Team.
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 and any
further evidence of authorization you wish to remain on file at FDLE along with signature page.
F- the Flo da De\ artment of Law Enforcement (FDLE):
AMK
Gerald g:!'Commissioner
Executive D rec or, Florida Department of Law Enforcement
I JD/9
Date •
6
• Party's Acceptance of the Voluntary Cooperation Mutual Aid Agreement among the
Member Agencies of the Child Abduction Response Team.
Pursuant to F.S.23.1225(3), this agreement may be entered into by a Chief Executive Officer of
the agency that 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 and any
further evidence of authorization you wish to remain on file at FDLE along with this signature
page.
For the Winter Springs Police Department:
Kevin P. Brunelle, Chief
06.3o -o
Date
7
MEMORANDUM OF UNDERSTANDING
This Memorandum of Understanding is entered into by and between the
WINTER SPRINGS Police Department and the Florida Department of Law
Enforcement, in furtherance of their respective duties under law for the purpose
of facilitating investigations of incidents as described hereafter. The WINTER
SPRINGS Police Department and the Florida Department of Law Enforcement
(FDLE) agree as follows:
1. The occurrence of any of the following predicate events will initiate
investigative and forensic involvement, assistance or coordination by
FDLE:
a. The shooting of a person by an WINTER SPRINGS Police
Department law enforcement officer acting in the line of duty; or
b. The death of an WINTER SPRINGS Police Department arrestee
while in the care, custody or control of an law enforcement
officer, the death of an arrestee shortly after being in care,
custody or control of an law enforcement officer or the death of
an intended arrestee during an arrest attempt by an WINTER
SPRINGS Police Department law enforcement officer.
2. Upon the occurrence of any of the enumerated predicate events, the
ranking WINTER SPRINGS Police Department member on the scene will
insure that emergency medical services are provided to injured persons
and that a secure crime scene perimeter is established with restricted
access. Only emergency medical personnel, crime scene technicians,
medical examiner personnel, State Attorney personnel, investigating
FDLE members and other law enforcement investigators assisting
FDLE will be permitted inside the crime scene perimeter. The ranking
WINTER SPRINGS Police Department member will then insure that the
Orlando Regional Operations Center is promptly contacted and
requested to dispatch an FDLE Critical Incident Team to initiate an
investigation and to coordinate crime laboratory services at the scene.
FDLE will notify the State Attorney as soon as reasonably possible.
a. Pending arrival of the FDLE Critical Incident Team, the ranking WINTER
SPRINGS Police Department member will insure that the scene remains
secured, that physical evidence and documentation is protected and
preserved and that all law enforcement and citizen witnesses are
identified and separated pending initial interview. If feasible, the
ranking WINTER SPRINGS Police Department member will insure that
arrested persons at the scene are detained pending the arrival of the
FDLE Critical Incident Team. The ranking WINTER SPRINGS Police
Department member will also provide any assistance requested by
FDLE during and after the on -scene investigation has been concluded,
such as additional collection of evidence from suspects, vehicles, or
involved law enforcement personnel, as well as the securing of other
evidence such as radio communications tapes. The ranking WINTER
SPRINGS Police Department member will also coordinate with local law
enforcement in any necessary crowd control efforts.
4. Upon receipt of notification from WINTER SPRINGS Police Department
that any of the enumerated predicate events have occurred, the
appropriate FDLE Regional Director or designee will immediately
implement an investigation pursuant to FDLE Procedures governing
Use of Force /Investigations Conceming the Use of Deadly or Other
Force by a Law Enforcement Officer and Incidents of In Custody Death,
- which are incorporated herein by reference. FDLE wilt promptly
coordinate the dispatch of the Critical Incident Team together with the
appropriate crime laboratory personnel, medical examiner personnel,
State Attomey personnel and any additional law enforcement personnel
which are required.
5. FDLE will assume operational direction of investigations and forensic
assistance or coordination initiated pursuant to this Memorandum of
Understanding. FDLE may request the assistance of WINTER SPRINGS
Police Department personnel or personnel from other law enforcement
agencies.
6. WINTER SPRINGS Police Department will retain overall direction and
responsibility for any intemal or administrative investigations initiated in
response to the occurrence of any of the enumerated predicate events.
However, the parties agree that criminal investigative efforts take
precedence over any internal or administrative investigations conducted
by WINTER SPRINGS Police Department. No internal report or statement
authored or obtained by WINTER SPRINGS Police Department
personnel involved in the subject incident that has been provided to
WINTER SPRINGS Police Department under order or policy shall be
provided, or its contents revealed, to the criminal investigative team or
the prosecutor until such time as the criminal investigative team and the
FDLE Office of General Counsel agree that the criminal investigation
will not be adversely impacted by any potential for immunity that my
attach to any such statement. The criminal investigative team and the
FDLE Office of General Counsel may consult with the prosecutor to
determine whether such statement may adversely impact any
subsequent criminal prosecution. However, the criminal investigative
team and the FDLE Office of General Counsel will make the final .
determination regarding use of such statements in FDLE's
investigations. To help assure that the criminal investigation is not
impeded or negatively affected by internal or administrative
investigative efforts, WINTER SPRINGS Police Department internal or
administrative investigation shall be initiated only after the criminal
investigative efforts have been concluded or when otherwise specifically
authorized by the FDLE's investigative team.
7. The parties agree that WINTER SPRINGS Police Department may issue
initial press statements acknowledging an incident, reporting the status
of the law enforcement officer(s) involved in the incident, and referral to
the investigative process. At the appropriate stage(s) of an
investigation initiated under this Memorandum of Understanding, FDLE
will forward copies of all investigative reports and investigative
summaries to the State Attorney having jurisdiction over the case and to
WINTER SPRINGS Police Department for review. Transmittal of reports
and summaries will be done so as to preserve any applicable
exemptions from public disclosure and to maintain any confidentiality
of information that may apply. Any press release related to
investigative activities and responses to public records requests shall
be coordinated jointly by the involved agencies to assure that
disclosure, if any, is appropriate and timely.
8. FDLE will submit all final reports to the State Attorney for review.
FDLE will report the material factual findings of the investigative but
will not offer recommendations or reach legal conclusions concerning
whether the force used, if any, was justified.
9. The parties acknowledge that the Office of the State Attorney or
another law enforcement agency may assert primary jurisdiction and
responsibility of investigations such as are contemplated in this
Memorandum of Understanding. Absent the consent of the agency
with primary jurisdiction, FDLE and WINTER SPRINGS Police
Department will defer to that agency and refrain from participation in
the investigation of the incident, but FDLE will provide forensic
assistance as requested by the lead investigating agency.
10. This Memorandum of Understanding represents the entire agreement
between the parties on this subject matter. Any alteration or
amendment of the provisions of this agreement shall be in writing,
duly signed by authorized personnel of each of the parties and the
attached to the original of this agreement.
11. This agreement shall become effective on the date signed by the
FDLE Special Agent in Charge and may be terminated upon thirty (30)
days notice by mutual agreement of the parties.
12. Unless unforeseen circumstances arise, FDLE shall complete the
investigation and submit the case packet to the Office of the State
Attorney within forty-five (45) days.
( 47
Joy Dawley, Special gent in Charge Date
06-30-o
Chief Kevin P. Brunelle Date
Winter Springs Police Department
FDLE Criminal Justice User Agreement
! ( .
CRIMINAL JUSTICE USER AGREEMENT
This Agreement, is entered into between the Florida Department of Law Enforcement
(hereinafter referred to as FDLE), an agency of the State of Florida with headquarters at
2331 Phillips Road, Tallahassee, Florida and the
Winter Springs Police Department
with headquarters at
300 North Moss Road Winter Springs Fl 32708
with the primary ORI of: R0590600 , (hereinafter referred to as the User).
Whereas, FDLE is authorized by law to operate and regulate the Criminal Justice
Network (hereinafter CJNet) as an intra- agency information and data - sharing network
for use by the state's criminal justice agencies;
Whereas, FDLE is authorized by law to establish and operate the Florida Crime
Information Center (hereinafter FCIC) for the exchange of information relating to crimes,
criminals and criminal activity;
Whereas, FDLE participates in the National Crime Information Center (hereinafter
NCIC), a service of the United States Department of Justice, the Interstate Identification
Index (hereinafter III), and the International Justice and Public Safety Information
Sharing Network (hereinafter NLETS), and serves as Florida's Criminal Justice
Information Services (CJIS) Systems Agency (CSA) for the interstate transmission of
criminal justice information to and from agencies in Florida and agencies in the
continental United States, Alaska, Hawaii, U.S. Virgin Islands, Canada and Puerto Rico;
Whereas, the User requires access to intrastate and interstate criminal justice
information systems provided by FDLE through the CJNet in order to effectively
discharge its public duties;
Whereas FDLE will facilitate local law enforcement and other criminal justice agencies'
requests to participate in the information services provided on CJNet, provided the User
agrees to abide by applicable federal and state laws; administrative code, and all
policies, procedures and regulations related to these systems. FDLE retains full control
over the management and operation of CJNet and FCIC.
Therefore, in consideration of the mutual benefits to be derived from this Agreement,
the FDLE and the User do hereby agree as follows:
(This User Agreement is designed for use with all Florida criminal justice agencies. If
the User does not perform a specific function, the provisions regarding that function will
not apply to the User.)
Jan 2009 Page 1 of 15
FDLE Criminal Justice User Agreement
SECTION I FCIC /NCIC /CJNET FDLE REQUIREMENTS
FDLE is duly authorized and agrees to ensure access to the information services
provided on CJNet and adhere to the following:
1. Serve as the CSA for the State of Florida and provide the User with access to
criminal justice information as is available in the FCIC /NCIC and III systems and
NLETS through CJNet, and to serve as the means of exchanging criminal justice
information between the User and other criminal justice agencies on CJNet.
2. Provide the opportunity for CJIS certification /re- certification and CJIS Security
Awareness training.
3. Provide the User with information concerning privacy and security requirements
imposed by state and federal laws, rules and regulations.
4. Provide state criminal history record check services for non - criminal justice
purposes as provided by law.
5. Act as the central state repository; provide identification, record keeping, and
exchange of Criminal History Record Information (CHRI) services.
6. Facilitate access, using CJNet, to other information applications or systems that
the User may be authorized to access.
SECTION II FCIC /NCIC /CJNET USER REQUIREMENTS
By accepting access as set forth above, the User agrees to adhere to the following to
ensure continuation of access:
1. USE OF THE SYSTEM: Use of the CJNet and any system accessed via the
CJNet is restricted to the administration of criminal justice or as otherwise
specifically authorized or required by statute. Information obtained from the
FCIC /NCIC files, or computer interfaces to other state or federal systems, by
means of access granted through CJNet, can only be used for authorized
purposes in compliance with FCIC /NCIC and III rules, regulations and operating
procedures, and state and federal law. It is the responsibility of the User to insure
access to CJNet is for authorized purposes only, and to regulate proper use of the
network and information at all times. The User must establish appropriate written
standards, which may be incorporated with existing codes of conduct, for
disciplining violators of this and any incorporated policy.
If the User provides an interface between FDLE and other criminal justice agencies
it must abide by all of the provisions of this agreement. Agencies that access
FDLE systems by interfacing through other agencies must, likewise, abide by all
provisions of this agreement. An Interagency User Agreement is required when
access to CJNet is provided by the User to another agency.
Jan 2009 Page 2 of 15
FDLE Criminal Justice User Agreement
a. MESSAGES: Only law enforcement and other criminal justice messages
shall be sent over and through the CJNet. All messages will be treated as
privileged unless otherwise indicated. User should make prudent use of
regional and statewide broadcast message requests. All messages must use
plain English text in the message.
b. COMPLIANCE: Access FCIC /NCIC and other CJNet applications in strict
compliance with applicable CJNet, FCIC, NCIC, III and NLETS policies
including, but not limited to, policies, practices and procedures relating to:
i) TIMELINESS: FCIC /NCIC records must be entered, modified, located,
cleared, and canceled promptly in order to ensure system accuracy
and effectiveness. Users that perform FCIC /NCIC updates for other
agencies must comply with timeliness requirements for the records
entered for the serviced agencies as well.
ii) HOT FILE ENTRIES: User agencies that have personnel dedicated to
maintain a 24 -hour, seven -day a week FCIC /NCIC operation will be
allowed to make entries into the FCIC /NCIC Hot Files.
(a) Users making entries for another law enforcement agency must
execute an Interagency Agreement outlining each agency's
responsibilities.
(b) Adult Warrants, Missing Persons and all property records of the
FCIC Hot File records, entered by state and local agencies, will be
made available to the public on the Internet via the FCIC Public
Access System (PAS), unless explicitly flagged by the User for
exclusion.
iii) QUALITY ASSURANCE: Appropriate and reasonable quality
assurance procedures must be in place, including second party
verification during entry, to ensure all entries in FCIC /NCIC are
complete, accurate, and valid.
iv) VALIDATION: The User must validate all records that the User has
entered into the system for accuracy and retention. To be in
compliance with FCIC /NCIC rules, regulations and operating
procedures, the User must ensure each record is modified to confirm
the successful validation of each record on file in FCIC /NCIC. Failure
to modify a record to indicate validation may result in its removal from
the file. Users that make entries into the FCIC /NCIC Hot Files are
responsible for maintaining written validation procedures.
Jan 2009 Page 3 of 15
FDLE Criminal Justice User Agreement
v) HIT CONFIRMATION: The User must comply with FCIC /NCIC rules,
regulations and operating procedures by responding to the hit
confirmations in a timely manner (within ten minutes or one -hour
depending on priority).
vi) DISSEMINATION: Information obtained from the FCIC /NCIC hot files,
CJNet or computer interfaces to other state or federal systems, by
means of access granted pursuant to Section 943.0525, F.S., can only
be used for official criminal justice purposes.
Compliance with Chapter 119, F.S., is accomplished by directing
record requests to FDLE per Chapter 11 C -6, F.A.C., and section
943.053(3), F.S. It is the responsibility of the User to ensure that
access to the CJNet is for authorized criminal justice purposes only,
and to regulate proper access to and use of the network and
information at all times.
The User will disseminate CHRI derived from federal records or
systems only to criminal justice agencies and only for criminal justice
purposes. Criminal justice purposes include criminal justice
employment screening.
The User, if functioning in the capacity of a pretrial release program or
providing CHRI for a pretrial release program, may disseminate Florida
public record information only, in compliance with s. 907.043 (3)(b)7,
F.S., which requires "[e]ach pretrial release program [to] prepare a
register displaying information that is relevant to the defendants
released through such a program." This dissemination shall be
restricted to county probation services offices and those criminal
justice entities providing the probation offices with information obtained
via the FCIC II message switch for the administration of criminal
justice.
vii) RETENTION: Criminal history records, whether retrieved from III or
the state system, which the User maintains, must be kept in a secure
records environment to prevent unauthorized access.
(a) Retention of criminal history records, whether retrieved from III or
the state system, for extended periods should only be considered
when the time sensitivity of the specific record is important.
(b) When retention of criminal history records, whether retrieved from
III or the state system, is no longer required, final disposition will be
accomplished in a secure manner in compliance with state law,
FCIC /NCIC and III rules, regulations and operating procedures to
preclude unauthorized access.
Jan 2009 Page 4 of 15
FDLE Criminal Justice User Agreement
(c) Because CHRI may become outdated at any time, a current
criminal history record check should be performed whenever CHRI
is used or relied upon by the User. Entry or retention of criminal
history records in a separate or local database would be
inconsistent with this principle, and is therefore discouraged. The
retention of criminal history records, whether retrieved from 11I or
the state system, in a secondary (non -FDLE) database is not
authorized by law.
viii) CRIMINAL HISTORY TRANSMISSION: Any electronic device that
uses wireless or radio technology to transmit voice data may be used
for the transmission of CHRI only when an officer determines there is
an immediate need for this information to further an investigation or
there is a situation affecting the safety of an or the public.
A facsimile machine may be used to transmit criminal history
information between criminal justice agencies, provided both agencies
have an NCIC Originating Agency Identifier (ORI) and are authorized
to receive criminal history information. Appropriate measures must be
taken to prevent unauthorized viewing or receipt by unauthorized
persons
ix) LOGGING: Each interface agency accessing FCIC /NCIC Hot File and
III systems shall ensure that an automated log is maintained. The Hot
File portion of this log must be maintained for a minimum of twelve
months, and the 111 portion must be maintained for a minimum of four
years.
(a) Automated logging is a feature included in the application
software provided by FDLE, and local agencies are encouraged
to retain these logs for future reference. Users purchasing or
developing an interface to FCIC must ensure logging is an
included feature.
(b) The automated transaction log must identify: the operator on all
transactions, the agency authorizing all transactions, the
requester and secondary recipient for all criminal history
transactions. This information can be captured at log -on and can
be a name, badge number, serial number, or other unique
identifier.
(c) The User may only disseminate information to another authorized
recipient and must maintain a record of any dissemination of state
or federal criminal history information. This record will reflect at a
minimum: (1) date of release; (2) to whom the information
relates; (3) to whom the information was released; (4) the State
Identification (SID) and /or the FBI number(s); and (5) the purpose
Jan 2009 Page 5 of 15
FDLE Criminal Justice User Agreement
for which the information was requested. The User must also be
able to identify the reason for all III inquiries upon request from
the FBI or FDLE.
x) INFORMATION ACCESS: The User will allow only properly screened,
authorized personnel performing a criminal justice function who have
received proper security training to have access to information
contained within the CJNet, FCIC /NCIC or other state criminal justice
information system files. The User will also provide assistance to other
criminal justice agencies not equipped with direct FCIC access in
compliance with FCIC /NCIC and III rules, regulations and operating
procedures, but only to the extent that such assistance is not otherwise
prohibited.
(a) The User will ensure that all personnel who initiate a transaction to
the FCIC II message switch are current in CJIS certification.
(b) The User will ensure that persons allowed to complete CJIS
certification are at least 18 years of age and are U.S. citizens or
have a valid immigration status /visa.
FDLE reserves the right to deny FCIC, CJNet or related programs/
systems access to any individual based on valid, articulable concerns
for the security and integrity of FCIC, CJNet or related programs/
systems.
xi) WORKSTATION: FDLE is not responsible for the workstation
acquisition, maintenance, operation, repair; supplies or workstation
operation personnel costs. The User must notify FDLE immediately,
should an FCIC /NCIC workstation malfunction or become inoperable.
All costs associated with returning the workstation to operation, other
than CJNet costs, will be the User's responsibility. FDLE will assist
with executing trouble- shooting procedures.
c. Interface Operations: For systems implemented after December 31, 2008,
the User will ensure that all automated interfaces that programmatically (i.e.,
without human intervention) generate transactions to the FCIC II message
switch are restricted to no more than one transaction per second per
interface.
2. AUDITS: All agencies having access to CJNet, FCIC /NCIC and the III data shall
permit an FDLE appointed inspection team to conduct inquiries with regard to any
allegations or potential security violations, as well as for routine audits.
Jan 2009 Page 6 of 15
FDLE Criminal Justice User Agreement
FDLE conducts regularly scheduled compliance and technical security audits of
every agency accessing the CJNet to ensure network security, conformity with
state law, and compliance with all applicable FDLE, CJNet, FCIC /NCIC and III
rules, regulations and operating procedures. Compliance and technical security
audits may be conducted at other than regularly scheduled times.
3. TRAINING: The User is responsible for complying with training requirements
established in CJIS Security Policy and the rules, regulations, and policies
established by FCIC /NCIC, III, FDLE and other CJNet applications. The User is
responsible for remaining current in the applications, procedures, and policies and
ensuring personnel attend these training sessions.
•
a. Only operators who have successfully completed CJIS certification shall be
allowed to have unsupervised access to the FCIC /NCIC system.
b. FCIC /NCIC operators who are in their initial six months of assignment may be
permitted supervised access to FCIC /NCIC. Operators must successfully
complete CJIS certification within six months of appointment or assignment to
duties requiring direct access to FCIC /NCIC.
•
c. The User will require all personnel who initiate a transaction to the FCIC II
message switch to successfully complete CJIS Certification. The User
agrees to remove from FCIC /NCIC access any employee who fails to achieve
required certification standards, whose certification has expired, whose
certificate is otherwise rescinded or as directed by FDLE.
d. The User will require all information technology (IT) personnel, including any
vendor who will in the course of their official duties initiate a transaction to the
FCIC 1I message switch, to successfully complete CJIS certification.
e. The User will maintain certification records of all CJIS certified personnel in a
current status.
•
f. The User will require all IT personnel, including any vendor, responsible for
maintaining /supporting any IT component used to process, store or transmit
any unencrypted information to or from the FCIC II message switch, to
successfully complete the CJIS Online Security Training provided by FDLE.
Jan 2009 Page 7 of 15
•
FDLE Criminal Justice User Agreement
4. RELOCATION: Should the User desire to relocate the data circuit(s) and/or
equipment connected to CJNet, the User must provide FDLE written notice
90 days' in advance of the projected move. All costs associated with the
relocation of the equipment and the data circuit(s), including delays in work order
dates, will be borne by User unless FDLE has funding to make changes without
charge. The repair and cost of any damages resulting from such relocation will be
the User's responsibility.
The User must also provide 90 days advance notice when requesting additional
access to FCIC /CJNet.
5. LIABILITY: The User understands that the FDLE, its officers, and employees shall
not be liable in any claim, demand, action, suit, or proceeding, including, but not
limited to, any suit in law or in equity, for damages by reason of, or arising out of,
any false arrest or imprisonment or for any loss, cost, expense or damages
resulting from or arising out of the acts, omissions, or detrimental reliance of the
personnel of the User in entering, removing, or relying upon information
transmitted through CJNet or in the FCIC /NCIC and NLETS information systems.
•
6. CRIMINAL HISTORY RECORDS: FDLE is authorized to establish an intrastate
automated fingerprint identification system (IAFIS) and an intrastate system for the
communication of information relating to crimes, criminals and criminal activity.
To support the creation and maintenance of the criminal history files, the User, as
appropriate, will:
a. Provide for inclusion in criminal history records information systems, adult and
juvenile criminal fingerprints on all felony arrests; adult criminal fingerprints on
all misdemeanors and comparable ordinance violation arrests; and juvenile
fingerprints on misdemeanor arrests specified at Section 943.051, F.S. The
submission of other juvenile misdemeanor arrest fingerprints is optional.
b. Provide security for CHRI and systems that process or store CHRI, and
security training for personnel who receive, handle or have access to CHRI.
c. Screen all personnel who will have direct access to CHRI and reject for
employment personnel who have violated or appear unwilling or incapable of
abiding by the requirements outlined in this agreement.
d. Defer to FDLE on any determination as to what purposes qualify for criminal
justice versus non - criminal justice designation, as well as with respect to
other purposes that may be authorized by law.
Jan 2009 Page 8 of 15
FDLE Criminal Justice User Agreement
e. Pursuant to a signed interagency agreement as authorized by Florida
Statutes and/or federal regulations, the User may share state CHRI.
Dissemination of information requires compliance with all applicable statutes,
FCIC /NCIC and III rules, regulations and operating procedures, including
logging. Agencies must maintain confidentiality of such record information - -
that is otherwise exempt from Section 119.07(1), F.S., as provided by law.
f. Provide security and establish policies to prevent unauthorized access to or
dissemination of sealed records.
SECTION III SECURITY REQUIREMENTS
The User must ensure compliance with the FBI CJIS Security Policy and the rules,
regulations, policies and procedures established for CJNet, FCIC /NCIC, Ill and NLETS,
which include but are not limited to System Security, Personnel Security, Physical
Security, User Authorization, Technical Security, Dissemination of Information Obtained
from the Systems, and Destruction of Records. By accepting access as set forth above,
the User agrees to adhere to the following security policies in order to ensure
continuation of that access:
1. PERSONNEL BACKGROUND SCREENING and POLICY FOR DISCIPLINE: The
User is required to conduct a background investigation on all personnel who are
authorized to access FCIC /NCIC /Iil /CJNet data or systems, IT personnel who
maintain /support information technology components used to process, transmit or
store unencrypted data to and /or from the FCIC II message switch, and other
personnel accessing workstation areas that are unescorted by authorized
personnel.
Good management practices dictate the investigation should be completed prior to •
employment, but it must, at a minimum, be conducted within the first thirty (30)
days of employment or assignment. The User may conduct a preliminary on -line
criminal justice employment check.
Before the background is completed the following requirements must be met:
a. The User must submit applicant fingerprints for positive comparison against
the state and national criminal history and for searching of the Hot Files.
b. If a record of any kind is found, the User will not permit the operator to have
access to the FCIC /NCIC system nor access workstation areas. The User
will formally notify the FDLE CJIS Systems Officer (CSO) indicating access
will be delayed pending review of the criminal history.
c. When identification of the applicant has been established by fingerprint
comparison and the applicant appears to be a fugitive, have pending criminal
charges; have an arrest history for a felony or serious misdemeanor; have
been found guilty of, regardless of adjudication, or entered a plea of nolo
contendere or guilty to any felony or serious misdemeanor; or to be under the
Jan 2009 Page 9 of 15
FDLE Criminal Justice User Agreement
supervision of the court, the User will refer the matter to the FDLE CSO for
review.
d. Applicants who have been found guilty of, regardless of adjudication, or
entered a plea of nolo contendere or guilty to a felony, will generally be
denied access to FCIC /NCIC. For applicants who have been adjudicated
guilty of or have had adjudication withheld on a misdemeanor, the User will
notify the CSO of the misdemeanor(s) and acknowledge an intent to permit
FCIC /CJNet access. Access will also generally be denied to any person
under court supervision for a criminal offense or against whom criminal
charges are pending. If a determination is made by FDLE that FCIC /NCIC
access by the applicant would not be in the public interest, such access will
be denied and the User will be notified in writing of the access denial.
e. Once the original background screening has been completed, if the User
leams that a CJIS certified employee has a criminal history or pending
charge(s), the User will first determine if the pending charge(s) or record(s)
adversely affect(s) the employee's continued employment/access /status with
the User. If the employee is placed on leave, terminated or denied access to
FCIC by the User, as a result of any pending or unresolved charge(s), the
User will notify the CSO of the action taken. Generally, denial of access,
pending satisfactory resolution of any such charge(s), and notification to the
CSO of that action, will be deemed sufficient corrective action by the User.
•
If the User determines that no action is required while the charge(s) are
pending or unresolved; i.e., that the employee will continue to be allowed
access to FCIC, the User will notify the CSO and explain its rationale for
continued access. FDLE reserves the right, as CSA, to deny access to FCIC
and associated databases until any such charge(s) are resolved or the
situation is clarified.
f. The User will have a written policy for discipline of personnel who access
CJNet for purposes that are not authorized, disclose information to
unauthorized individuals, or violate FCIC /NCIC or III rules, regulations or
operating procedures.
2. PHYSICAL SECURITY: The User will determine the perimeter for the physical
security of devices that access or provide access to CJNet. Access shall be
limited as to allow completion of required duties. The User must have a written
policy that ensures and implements security measures, secures devices that
access FCIC /NCIC /CJNet and prevents unauthorized use or viewing of
information on these devices. The use of screen blanking software with password
protection is recommended for devices that access FCIC /NCIC when the operator
may leave the computer unsupervised. FDLE reserves the right to object to
equipment location, security measures, qualifications and number of personnel
who will be accessing FCIC /NCIC and to suspend or withhold service until such
matters are corrected to its reasonable satisfaction.
Jan 2009 Page 10 of 15
FDLE Criminal Justice User Agreement
3. ADMINISTRATIVE SECURITY: The User must designate individual agency
contacts to assist the User and FDLE with the information services covered by this
agreement. Training for these positions is provided by FDLE, and the User must
ensure that its designee is keenly aware of the duties and responsibilities of each
respective position, The User is required to provide FDLE with up -to -date contact -
information.
a. TERMINAL AGENCY COORDINATOR: Agencies accessing the FCIC /NCIC
system must designate a Terminal Agency Coordinator (TAC) to ensure
compliance with FCIC /NCIC and III rules, regulations and operating
procedures, and to facilitate communication between FDLE and the User.
The TAC must maintain a current CJIS Certification. TACs appointed after
February 2005 must attend TAC training within six (6) months of being
assigned to the position.
•
b. INFORMATION SECURITY OFFICER: Agencies accessing the FCIC /NCIC
system and /or the CJNet, must designate an Information Security Officer
(ISO) to ensure security of the FCIC /NCIC workstations, the connection to
CJNet, and any access to the information services provided on CJNet to or by
the User.
c. CJNet POINT OF CONTACT: Agencies accessing applications using Public
Key infrastructure (PKI) security certificates on CJNet must designate a Point
of Contact (POC). The POC will receive and approve the issuance and
revocation of PKI certificates for the User's members.
d. FCIC PUBLIC ACCESS SYSTEM (PAS) CONTACT: Agencies making
entries into the FCIC Hot Files must designate a PAS Contact. The PAS
Contact is responsible for any follow -up activities deemed appropriate by the
User in response to tips resulting from the posting of records on the PAS.
FDLE reserves the right to object to the Users appointment of a TAC, LAI, CJNet
Point of Contact or ISO based on valid, articulable concerns for the security and
integrity of FCIC, CJNet or related programs /systems.
4. TECHNICAL SECURITY
a. Dial -up services to FCIC /NCIC and CJNet will be permitted provided the User
establishes appropriate security measures to ensure compliance with all
rules, regulations, procedures, and the FBI CJIS Security Policy.
b. All FCIC /NCIC /III data transmitted over any public network segment must be
encrypted as required by the FBI CJIS Security Policy. This requirement also
applies to any private data circuit that is shared with non - criminal justice users
and /or is not under the direct security control of a criminal justice agency.
Jan 2009 Page 11 of 15
FDLE Criminal Justice User Agreement -
c. The User must maintain, in current status, and provide upon request by FDLE
a complete topological drawing, which depicts the User's network
configuration as connected to CJNet. This documentation must clearly
indicate all network connections, service agencies and interfaces to other
information systems.- _ --
d. The User will ensure only authorized criminal justice agencies or agencies
authorized by FDLE are permitted access to the CJNet via the User's CJNet
connection.
e. The User must ensure all devices with connectivity to CJNet employ virus
protection software and such software shall be maintained in accordance with
the software vendor's published updates.
f. FCIC and CJNet may only be accessed via computers or interface devices
owned by the User or contracted entity. Vendors under contract with the User
may be allowed access provided all requirements of the DOJ Security
Addendum are complied with and member security training is current.
g. The User will ensure that CJNet -only devices have a Windows or network
type password to prevent unauthorized access.
h. To ensure appropriate security precautions are in place, and upon approval
from the FDLE Network Administration staff, the User may employ wireless
network connectivity (for example the 802.11 wireless networking protocol).
5. COMPUTER SECURITY INCIDENT RESPONSE CAPABILITY: The User must
have a written policy documenting the actions to be taken in response to a
possible computer security incident. The policy should include identifying,
reporting, investigating and recovery from computer security incidents. The User
will immediately notify FDLE of any suspected compromise of the CJNet.
6. PENETRATION TESTING: The User shall allow the FBI and /or FDLE to
periodically test the ability to penetrate the CJNet through the external network
connection or system.
7. SECURITY AUTHORITY: All policies, procedures and operating instructions
contained in the FBI CJIS Security Policy and FCIC /NCIC, III and NLETS
documents, operating manuals and technical memoranda, are hereby
incorporated into and made a part of this agreement, except to the extent that they
are inconsistent herewith or legally superseded by higher authority.
8. CLIENT SOFTWARE LICENSE: The FCIC II Client Software (eAgent) license
from Diverse Computing, Incorporated is located in the Help menu of the eAgent
client software. The FCIC II Client Software (eAgent) license is made a part of
and incorporated by reference into this User Agreement and shall be binding on
the User upon acceptance of the software.
Jan 2009 Page 12 of 15
DOLE Criminal Justice User Agreement
9. PRIVATE VENDORS: Private vendors which, under contract with the User, are
permitted access to information systems that process FCIC /NCIC /III data, shall
abide by all aspects of the FBI CJIS Security Addendum. The contract between
the User and the vendor will incorporate the Security Addendum to ensure
adequate security of FCIC /NCIC /III data. The. User will maintain the Security
Addendum Certification form for each member of the vendor staff with access to
information systems that process FCIC /NCIC /III data. Private vendors permitted
such access should be aware of the provisions of s. 817.5681, regarding breach of
security of personal information.
10. PASSWORDS: The User will ensure that all personnel who initiate a transaction to
the FCIC II message switch have a separate and distinct password for the
software /interface used to initiate the transaction. The User will ensure that all
interfaces with the FCIC II message switch, operated by the User, follow the
password requirements as outlined in the FBI CJIS Security Policy.
11. INDIVIDUAL USER ACCESS: The User will deactivate individual user access to
eAgent and /or other FCIC interfaces, other CJNet applications, and FBI Law
Enforcement On -line (LEO), upon separation, reassignment or termination of
duties, provide individual user access is no longer required for the administration
of criminal justice.
SECTION IV MISCELLANEOUS REQUIREMENTS
1. FDLE has received funding from the United States Department of Justice and is
subject to and must demand intrastate users of its criminal history record services
adhere to US Code (28 U.S.C. section 534), State Statute (Chapter 943 F.S.),
Code of Federal Regulations (28 C.F.R. Part 20), Florida Administrative Code
(Chapter 11C -6, F.A.C.), FCIC /NCIC and III rules, regulations and operating
procedures which this agreement incorporates both present and future.
2. PENALTIES AND LIABILITIES: Any non- compliance with the terms of this
Agreement concerning the use and dissemination of criminal history information
may subject the User's officers or employees to a fine not to exceed $11,000 as
provided for in the Code of Federal Regulations, Title 28, Section 20.25, and /or
discontinuance of service. Moreover, certain offenses against system security and
the information contained therein are crimes under Florida Statutes and can result
in criminal prosecution.
3. PROVISIONS INCORPORATED: The User shall be bound by applicable federal
and state laws, federal regulations and the rules of FDLE to the same extent that
the User would be if such provisions were fully set out herein. Moreover, this
Agreement incorporates both present and future law, regulations and rules.
4. TERMINATION: Either party may terminate this Agreement, with or without
cause, upon providing advanced written notice of 45 days. Termination for cause
includes, but is not limited to, any change in the law that affects either party's
Jan 2009 Page 13 of 15
FOIE Criminal Justice User Agreement
ability to substantially perform as originally provided in this Agreement. Should the
aforementioned circumstances arise, either party may terminate or modify the
Agreement accordingly.
• - FDLE reserves the right to terminate service, without notice, upon presentation of
reasonable and credible evidence that the User is violating this Agreement or any
pertinent federal or state law, regulation or rule.
5. MODIFICATIONS: Modifications to the provisions in this Agreement shall be valid
only through execution of a formal Agreement amendment.
6. ACCOUNTABILITY: To the extent provided by the laws of Florida, the User
agrees to be responsible for the negligent acts or omissions of its personnel
arising out of or involving any information contained in, received from, entered into
or through CJNet, FCIC /NCIC, III and NLETS.
7. ACKNOWLEDGEMENT: The User hereby acknowledges the duties and
responsibilities as set out in this Agreement. The User acknowledges that these
duties and responsibilities have been developed and approved by FDLE to ensure
the reliability, confidentiality, completeness, and accuracy of all records contained
in or obtained by means of the CJNet, including the FCIC /NCIC System. The User
further acknowledges that failure to comply with these duties and responsibilities
will subject its access to various sanctions as approved by the FBI Criminal Justice
Information Services Advisory Policy Board. These sanctions may include
termination of NCIC services to the User. The User may appeal these sanctions
through the CSA.
8. TERM OF AGREEMENT: This agreement will remain in force until it is
determined by FDLE that a new agreement is required. The User should initiate
the execution of a new agreement when a change of agency chief executive
occurs.
Jan 2009 Page 14 of 15
FDLE Criminal Justice User Agreement
IN WITNESS HEREOF, the parties hereto have caused this agreement to be executed
by the proper officers and officials.
NAME OF THE USER Winter Springs Police Department
USER CHIEF EXECUTIVE
Kevin P. Brunelle TITLE Chief of Police
(PLEASE PRINT)
ieava,"
(SIGNATURE)
DATE OL 3o--0 9 \
1 - -•3 fj -5 TITLE 1i-S ec/tA %
FLORIDA DEPARTMENT OF LAW ENFORCEMENT
BY"DOvW\CJ ..1172 r TITLE 7.1JI (e (`i�'�'_
(PLEASE PRINT)
, , L-9,,„„ao /J (SIGNATURE)
DATE () / I
WITNESS - TITLEfylv1t11LCtYA
Jan 2009 Page 15 of 15
p
)7- 14- 09P03:59- RCVD
STATE AND LOCAL HIDTA TASK FORCE AGREEMENT
"CENTRAL FLORIDA HIDTA"
This agreement is made this 1" day of October 2009, between the
United States Department of Justice, Drug Enforcement
Administration (hereinafter "DEA "), and the Winter Springs
Police Department (hereinafter "WSPD ").
Whereas there is evidence that trafficking in narcotics and
dangerous drugs exists in the Florida area and that such illegal
activity has a substantial and detrimental effect on the health
and general welfare of the people of Florida, the parties hereto
agree to the following:
1. The DEA Orlando HIDTA Heroin Task Force will perform the
activities and duties described below:
a. disrupt the illicit drug traffic in the Florida area by
immobilizing targeted violators and trafficking
organizations;
b. gather and report intelligence data relating to
trafficking in narcotics and dangerous drugs; and
c. conduct undercover operations where appropriate and
engage in other traditional methods of investigation in
order that the task force's activities will result in
effective prosecution before the courts of the United
Slates and the State of Florida.
2. To accomplish the objectives of the Heroin Task Force, the
WSPD agrees to detail one (1) experienced officer(s) to the
Heroin Task Force for a period of not less than two years.
During this period of assignment, the WSPD officers will be
under the direct supervision and control of DEA supervisory
personnel assigned to the task force.
3. The WSPD officers assigned to the task force shall adhere to
all DEA policies and procedures. Failure to adhere to DEA
policies and procedures shall be grounds for dismissal from the
task force.
4. The WSPD officers assigned to the task force shall be
deputized as task force officers of DEA pursuant to 21 USC 878.
5. To accomplish the objectives of the DEA Orlando Heroin Task
Force, DEA will assign four (4) Special Agents to the task
force. HIDTA will also, subject to the availability of annually
appropriated funds or any continuing resolution thereof, provide
necessary funds and equipment to support the activities of the
DEA Special Agents and WSPD officers assigned to the task force.
This_support will include: office space, office supplies travel
funds, funds for the purchase of evidence and information,
investigative equipment, training and other support items.
6. During the period of assignment to the DEA Heroin Task Force,
the WSPD will remain responsible for establishing the salaries
and benefits, including overtime, of the WSPD officers assigned
to the task force and for making all payments due them. HIDTA
will, subject to availability of funds, reimburse the WSPD for
overtime payments made by it to the WSPD officers assigned to
the DEA Heroin Task Force for overtime, up to a sum equivalent
to 25 percent of the salary of a GS -12, Step 1 (RUS) federal
employee, currently $ 16,903.25, per officer.
7. In no event will the WSPD charge any indirect cost rate to
DEA for the administration or implementation of this agreement.
8. The WSPD shall maintain on a current basis complete and
accurate records and accounts of all obligations and
expenditures of funds under this agreement in accordance with
generally accepted accounting principles and instructions
provided by DEA to facilitate on -site inspection and auditing of
such records and accounts.
9. The WSPD shall permit and have readily available for
examination and auditing by DEA, the United States Department of
Justice, the Comptroller General of the United States and any of
their duly authorized agents and representatives, any and all
records, documents, accounts, invoices, receipts or expenditures
relating to this agreement. The WSPD shall maintain all such
reports and records until all audits and examinations are
completed and resolved or for a period of three (3) years after
termination of this agreement, whichever is sooner.
10. The Winter Springs Police Department shall comply with Title
VI of the Civil Rights Act of 1964, Section 504 of the
Rehabilitation Act of 1973, the Age Discrimination Act of 1975,
as amended, and all requirements imposed by or pursuant to the
regulations of the United States Department of Justice
implementing those laws, 28 C.F.R. Part 42, Subparts C, F, G, H
and I.
11. The WSPD agrees that an authorized officer or employee will
execute and return to DEA the attached OJP Form 4061/6,
Certification Regarding Lobbying; Debarment, suspension and
—.ier Responsibility Matters; and drug -Free Workplace
Requirements. The WSPD acknowledges that this agreement will not
take effect and no federal funds will be awarded until the _
completed certification is received.
12. When issuing statements, press releases requests for
proposals, bid solicitations and other documents describing
projects or programs funded in whole or part with federal money,
the WSPD shall clearly state: (1) percentage of the total cost
of the program or project which will be financed with federal
money and (2) the dollar amount of federal funds for the program
or project.
13. The WSPD understands and agrees that HIDTA will provide the
DEA Heroin Task Force Officers with vehicles suitable for
surveillance. HIDTA through DEA will furnish mobile radios for
installation in the HIDTA Task Force vehicles and HIDTA will
assume the cost of installation and removal. HIDTA will be
financially responsible for the purchase of fuel for the leased
vehicles and for providing routine maintenance, i.e., oil
changes, lubes and minor tune -ups via the HIDTA lease
contractor. DEA and HIDTA procedures for reporting and
investigating automobile accidents involving Official Government
Vehicles (OGV'S) -HIDTA lease vehicles shall apply to accidents
involving the leased vehicles furnished to the WSPD personnel,
in addition to whatever accident reporting requirements the WSPD
may have.
14. While on duty and acting on task force business, the WSPD
officers assigned to the HIDTA task force shall be subject to
all DEA and federal government rules, regulations and procedures
governing the use of OGV's for home to work transportation and
for personal business. The HIDTA Executive Committee
acknowledges that the United States is liable for the actions of
task force officer, while on duty and acting within the scope of
their federal employment, to the extent permitted by the Federal
Torts Claim Act, 28 U.S.C. 2401 (b) 2671 -2680.
15. The term of this agreement shall be from the date of
signature by representatives of both parties to September 30,
2010. This agreement may terminated by either party on 30
days advance written notice. Billings for all outstanding
obligations must be received by DEA within 90 days of the date
of termination of this agreement. HIDTA will be responsible only
for obligations incurred by WSPD during the term of this
agreement.
For the Drug Enforcement Administration:
Date: J y
rk R. rouville
Special Agent in Charge
Miami Field Division
For the Winter Springs Police Department:
Date: —71w. Ctu cl0
Kevin P. Brunelle l
Chief
U.S. DEPARTMENT OF JUSTICE
OFFICE OF JUSTICE PROGRAMS
OFFICE OF THE COMPTROLLER
CERTIFICATIONS REGARDING LOBBYING; DEBARMENT, SUSPENSION AND
OTHER RESPONSIBILITY MATTERS; AND DRUG -FREE WORKPLACE REQUIREMENTS
Applicants should refer to the regulations cited below to determine the certification to which they are required to
attest. Applicants should also review the instructions for certification included in the regulations before completing this
from. Signature of this form provides for compliance with certification requirements under 28 CFR Part 69, "New
Restrictions on Lobbying" and 28 CFR Part 67, "Government -wide Department and Suspension (Nonprocurement) and
Government -wide Requirements for Drug -Free Workplace (Grants)." The certifications shall be treated as a material
representation of fact upon reliance will be placed when the Department of Justice determines to award the
covered transaction, grant, or cooperative agreement
1. LOBBYING public (Federal, State, or local) transaction or contract under a
public transaction; violation of Federal or State antitrust
As required by Section 1352, Title 31 of the U.S. Code, and statutes or commission of embezzlement theft forgery,
implemented at 28 CFR Part 69, for persons entering into a bribery, falsification or destruction of records, making false
grant or cooperative agreement over 5100,000, as defined at statements, or receiving stolen property;
28 CFR Part 69, the applicant certifies that:
(c) Are not presently indicted for or otherwise criminally or
(a) No Federal appropriate funds have been paid or will be civilly charged by a governmental entity (Federal, State, or
paid, by or on behalf of the undersigned, to any person for in- local) with commission of any of the offenses enumerated in
fluencing or attempting to influence an officer or employee of paragraph (1)(b) of this certification; and
any agency, a Member of Congress, an officer or employee of
Congress, or an employee of a Member of Congress in con - (d) Have not within a three -year period preceding this applica-
nection with the making of any Federal grant, the entering into lion had one or more public transactions (Federal, State, or
of any cooperative agreement, and extension, continuation, local) terminated for cause or default; and
renewal, amendment, or modification of any Federal grant or
cooperative agreement; B. Where the applicant is unable to certify to any of the
statements in this certification, he or she shall attach an
(b) If any funds other than Federal appropriated funds have explanation to this application.
been paid or will be paid to any person for influencing or at-
tempting to influence an officer or employee of any agency, a
Member of Congress, an officer or employee of Congress, or 3. DRUG - FREE WORKPLACE
an employee of a Member of Congress in connection with this (GRANTEES OTHER THAN INDIVIDUALS)
Federal grant or cooperative agreement, the undersigned shall
complete and submit Standard Form - LLL, Disclosure of As required by the Dru -Free Workplace Act of 1988, and
Lobbying Activities," in accordance with its instructions: implemented al 28 CFR Part 67, Subpart F for grantees as
defined at 28 CFR Part 67 Sections 67.615 and 67.620-
t - The undersigned shall require that the language of this cer-
ifcation be included in the award documents for all subawards A. The applicant certifies that it will or will continue to provide
at all tiers (including subgrants, contracts under grants and a drug -free workplace by:
cooperative agreements, and subcontracts) and that all sub -
recipients shall certify and disclose accordingly, (a) Publishing a statement notifying employees that the
unlawful manufacture, distribution, dispensing, possession, or
i
use of a controlled substance is prohibited in the grantee's
2. DEBARMENT SUSPENSION, AND OTHER workplace and specifying the actions that will be taken against
RESPONSIBILITY N ATTERS employees for violation of such prohibition;
(b) Establishing an on -going drug -free awareness program to
As required by Executive Order 12549 Debarment and in employees about -
Suspension, and implemented at 28 CFR Prt 67. for prospec-
tive participants in primary covered transactions, as defined at (1) The dangers of drugs abuse in the workplace;
28 CFR Part 67, Section 67.510 -
(2) The grantee's policy of maintaining a drug -free workplace;
A. The applicant certifies that it and its principals:
(3) Any available drug counseling, rehabilitation, and employee
(a) Are not presently debarred, suspended, proposed for debar- assistance programs: and
ment declared ineligible sentenced to a denial of Federal
benefits by a State or Federal court, or voluntarily excluded (4) The penalties that may, be imposed upon employees for
from covered transactions by any Federal department drug abuse violations occurring in the workplace;
or agency;
(c) Making it a requirement that each employee to be engaged
(b) Have not within a three -year period preceding this applica- in the performance of the grant be given a copy of the state-
lion been convicted of or had a civil judgment rendered against ment required by paragraph (a);
them for commission of fraud or a criminal offense in connec-
tion with obtaining, attempting to obtain, or performing a (d) Notifying the employee in the statement required by
paragraph (a) that, as a condition of employment under the
grant, the employee will -
OJP FORM 4061/6 (3 -91) REPLACES OJP FORMS 4061/2, 4062/3 AND 4061/4 WHICH ARE OBSOLETE.
•
(1) Abide by the terms of the statement; and
(2) Notify the employer in writing of his or her conviction for a
violation of a criminal drug statute occurring in the workplace
no later than five calendar days after such conviction:
(e) Notifying, the agency, in writing, within 10 calendar days
after receiving no ce under subparagraph (d)(2) from an Check L..; if there are workplace on file that are not identified
employee or otherwise receiving actual notice of such convic- here.
tion. Employers of convicted employees must provide notice
- including position title, to: Department of Justice, Office of Section 67, 630 of the regulations provides that a grantee that
Justice Programs, ATTN: Control Desk, 633 Indiana Avenue, is a State may elect to make one certification in each Federal
M.W., Washington D.C. 20531. Notice shall include the iden- fiscal year. A copy of which should be included with each ap-
tification number(s) of each affected grant; plication for Department of Justice funding. States and State
agencies may elect to use OJP Form 4061/7.
(f) Taking one of the following actions, within 30 calendar
days of receiving notice under subparagraph (d)(2), with Check i if the State has elected to complete OJP Form
respect to any employee who is so convicted- 4061/7.
0) Taking appropriate personnel action against such an
employee, up to and including ermination consistent with the DRUG - FREE WORKPLACE
requirements of the Rehabilitation Act of 1973, as amended; or (GRANTEES WFIO ARE INDIVIDUALS)
(2) Requiring such employee to participate satisfactorily in a As required by the Drug Free Workplace Act of 1988, and
drug abuse assistance or rehabilitation program approved for implemented al 28 CFR - Part 67, Subpart F, for grantees, as
such purposes by a Federal, State, or local health, law enforce- defined at 28 CFR Part 67; Sections 67.615 and 67.620 -
ment, or other appropriate agency;
A. As a condition of the grant I certify that I will not engage
(g) Making a good faith effort to continue to maintain a drug- in the unlawful manufacture distribution, dispensing, posses -
free workplace through implementation of paragraphs (a), (b), sion, or use of a controlled substance in condition any
(c), (d), (e), and (f). activity with the grant; and
B. The grantee may insert in the space provided below the 8. If convinced of a criminal drug offense resulting from a
site(s) for the performance of work done in connection with violation occurring during the conduct of any grant activity, I
the specific grant: will report the conviction, in writing within 10 calendar days
of the conviction, to: Department of Justice, Office of Justice
Place of Performance (Street address, city, country, state, zip Programs, ATTN: Control Desk, 633 Indiana Avenue, N.W.,
code) Washington, D.C. 20531.
As the duly authorized representative of the applicant, I hereby certify that the applicant will comply with the above certifications.
1. Grantee Name and Address:
Chief Kevin P. Brunelle
Winter Springs Police Department
300 N. Moss Rd. Winter Springs, FL 32708
2. Application Number and /or Project Name 3. Grantee IRSNendor Number
•
Kevin P. Brunelle, Chief
4. Typed Name and Title of Authorized Representative
(r &AI sfr ,? a o 0
9
5. Signature 6. Date
Agreement 4A2064
MEMORANDUM OF AGREEMENT
BETWEEN
PARTICIPATING SEMINOLE COUNTY, FEDERAL AND STATE OF FLORIDA LAW
ENFORCEMENT AGENCIES
AND
THE FLORIDA DEPARTMENT OF CORRECTIONS
PARTIES
This Memorandum of Agreement ( "Agreement ") is between the Florida Department of Corrections.
(DOC), participating Seminole County, State of Florida and Federal Law Enforcement Agencies ( "LE "),
and the Seminole County Probation. Department ( "CP ") which are the parties hereto. All participating
Seminole County, State of Florida and Federal Law Enforcement agencies are indicated in Attachment A. -
The purpose of the Agreement is to provide a mechanism for the DOC through its Community
Corrections Circuit Office (specifically the 18` Circuit in Seminole County), CP and LE to share
investigative information and collaborate on enforcement efforts with a goal of reducing criminal activity
by coordinating physical resources, manpower and criminal intelligence. This may include, but is not
limited to offender visits, employees of DOC and CP riding with LE and vice versa, serving warrants and
any other steps DOC, CP and LE deem necessary to facilitate reducing criminal activity in Seminole
County.
DOC, CP, and LE agree that there is a major law enforcement problem relating to criminal activity in
Seminole County, Florida. DOC, CP and LE agree that an intelligence -led, data- driven, multi agency
response will greatly enhance the effectiveness of DOC, CP and LE in countering crime and criminal
activity in Seminole County. DOC, CP and LE agree that re -entry programs and assistance to offenders
and probationers are an appropriate use of resources and will enhance fighting crime and criminal
activity. DOC, CP and LE share the common goal of promoting public safety in Seminole County by
reducing crime and recidivism among offenders under community supervision through the efficient
administration of policing and correctional services.
DOC, CP, and LE understand that DOC is a party to similar partnerships in other counties in Florida.
DOC, CP and LE believe that a coordinated response between those other partnerships will aid in the
effectiveness of DOC, CP and LE, as well as the efforts with those similar partnerships in other counties
in providing efficient policing and correctional services. DOC, CP, and LE understand that every effort
will be made to schedule operations pertaining to this Agreement with the similar partnerships. DOC,
CP, and LE recognize that the efficient interaction of this partnership depends upon efficient interaction
of their respective agencies and the sharing of information and records regarding the efficient providing
of policing and correctional services. DOC, CP and LE commit within the terms of this Agreement to a
coordinated effort to provide policing and correctional services where each will benefit from the other's
resources, abilities and experience.
DOC, CP, and LE enter into this Agreement under the following terms:
L TERM OF AGREEMENT
This Agreement will begin on the last date signed by the parties. This Agreement will expire two (2)
years from the last date on which a party signed it.
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Agreement #A2064
IE. SCOPE OF AGREEMENT
DOC, CP, and LE as partners in this Agreement agree that that they will carry out their respective duties
and responsibilities as outlined in this Agreement. This will be subject to the laws of the United States,
the State of Florida, and the ordinances of Seminole County, Florida. DOC, CP, and LE understand that
each agency has its own policies and procedures that will further restrict the activities of each agency's
personnel.
A. Overview
DOC, CP, and LE will work together in their goal of improving the administration of criminal
justice and reentry services in Seminole County, Florida by:
1. Improving the efficiency of interaction between their offices.
2. Facilitating the exchange of information and records between the parties collected and
maintained by each.
3. Using a team problem - solving approach to address challenges posed in the
implementation of this Agreement and the criminal justice system.
Each party retains responsibility for its personnel and any fiscal or general administrative
services each party incurs in support of this Agreement.
Sweep operations, as it pertains to this Agreement, involve teams of DOC, CP, and LE
personnel targeting offenders on probation for home or workplace visits. Those offenders that
will be targeted include, but are not limited to those on probation for forcible felonies, those
offenders on probation with a history of gang related violence and registered sexual offenders
under supervision by DOC or CP:
B. Joint Responsibilities
1. In order to enhance public safety, each party agrees to commit its resources as it deems
appropriate to apprehend offenders under supervision of the DOC, CP or Parole
Commission who have violated supervision terms set forth by their sentencing authority.
2. Each party agrees that a successful reentry strategy for offenders will lead to more safe
Florida communities. Each party agrees to commit its resources as it deems appropriate
in a coordinated effort to provide offenders and former offenders the skills and support
systems needed to successfully reintegrate into Florida communities.
3. The parties believe that some of the most pressing issues for offenders reentering into
society include, but are not limited to the following: housing (permanent or temporary),
employment, education, life skills, behavior management, substance abuse, mental health
treatment and transportation.
4. DOC, CP, and LE agree to provide a designee to attend meetings and serve as a
representative of their particular agency. Each party agrees to hold such meetings to
discuss issues and methods of implementing the partnership in the most effective manner
possible. Each party agrees that said meetings will be held on at least a quarterly basis,
MOA CCA 09_14_09
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Agreement #A2064
but the parties may agree to meet more frequently if in their judgment it would help fulfill
the goals of this Agreement.
5. The parties understand that the exchange of information as to their specific
responsibilities, duties and roles within the criminal justice system and regarding offender
reentry are vital to the efficient operation of this partnership. The information exchanged
should be that designed to maximize the use of resources and personnel and to further the
successful reentry strategies as agreed on by the partnership.
6. The parties agree to exchange all information regarding offenders, including suspected
violation of supervision. Such exchange will only be limited by federal or state law and
the policies and procedures of each agency.
7. To maximize the use of resources and personnel, the parties agree to identify any shared
duties, responsibilities or goals and coordinate the performance of same in order to avoid
duplication of services and wasted resources. The parties agree to establish policies to
implement the Agreement by pooling or sharing resources or equipment where applicable
to enhance the delivery of quality service.
8. The parties agree to create procedures for communicating the goals and ideas of the
partnership to their personnel for action and implementation.
C. Coalition Structure
1. The Sheriff of Seminole County (Sheriff) is established as the Coordinator of Seminole
County and will coordinate all . compliance and enforcement initiatives with those
agencies previously identified as LE in this Agreement. The participation of specific
agencies will be affirmed by the signature of the agency head or authorized representative
of same. The Sheriff will endeavor to ensure successful and timely completion of LE
goals and objectives.
2. The Sheriff will also function as the LE Agreement Manager as provided for in Section
N of this Agreement and will serve as LE liaison/contact regarding issues that arise from
this Agreement.
3. The parties will meet quarterly to accomplish the following:
a. Establish LE objectives;
b. Establish guidelines and procedures for LE initiatives;
c. Share investigative information and data at quarterly meetings; and
d. Establish guidelines and procedures for the disposition of forfeited property.
D. Department of Corrections (DOC) Responsibilities
The Department of Corrections will perform the following duties in support of the Agreement
to the extent possible within those resources the DOC, in its own judgment, believes it can
commit to the Agreement.
1. DOC will dedicate certain officers and resources to facilitate the identification of
dangerous, high risk offenders under supervision.
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Agreement #A2064
2. DOC will provide current information. with LE on those offenders under supervision. of
DOC. This will include, but not be limited to: addresses, offenses, and conditions of
supervision and criminal histories.
3. DOC will designate officers to participate in LE operations, in order to familiarize LE
with the location, descriptions and conditions of supervision for offenders on community
control, sexual predators, sexual offenders and high risk offenders. All DOC officers
who participate in these operations will be current on use of force training in accordance
with DOC's "Use -of -Force in Community Corrections" Procedure 302.313. DOC will
designate officers to participate in operations when, in its own. judgment, DOC believes it
can commit resources to the Agreement.
4. DOC will designate officers to conduct administrative searches in accordance with DOC
Procedure 302.211 to ensure that offenders are in compliance with their terms of
supervision.
5. DOC will train LE officers in accordance with Rule 33- 302.108 of the Florida
Administrative Code and with DOC Procedure 302.311 regarding participation in
warrantless arrests.
6. DOC may be present, but will not participate in law enforcement activities when the
offender is not under the supervision of the DOC or the Florida Parole Commission.
E. Law Enforcement (LE) Responsibilities
Law Enforcement will perform the following duties in support of the Agreement to the extent
possible within those resources that LE, in its own judgment, believes it can commit to the
Agreement.
1. LE will provide DOC with all current information on absconders and offenders under the
supervision of DOC.
2. LE will assist DOC officers on field visits to offender residences and places of
employment as deemed necessary by LE to execute a warrant or warrantless arrest.
3. LE will task law enforcement officers of member agencies to provide security for
probation officers while conducting administrative searches to ensure the offender's
compliance with the terms of supervision. Said LE officers will control the offender, any
individuals on site who attempt to interfere with the administrative search, and transport
the offender to the county jail if needed.
4. LE will provide assistance to identify, secure, provide receipts for and properly store any
property seized during an administrative search conducted by DOC as the situation
requires.
5. LE will notify DOC of any violations of supervision that an offender commits in the
presence of the LE officer, and shall conduct a warrantless arrest upon confirmation with
DOC that a violation has occurred.
6. LE will assist DOC in transporting and/or arresting absconders or offenders within
Seminole County, Florida, or as otherwise permitted by law, if the offender is found to be
MOA CCA 09 14 09
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Agreement #A2064
in violation of supervision. LE will ensure that participating LE officers are aware of
DOC Procedure 302.311 when participating in transporting/arresting aforementioned
absconders or offenders.
7. LE will provide the opportunity for DOC to participate in ride along operations in order
to familiarize DOC officers with the whereabouts, descriptions, and specified conditions
of supervision of community control offenders, sexual predators, sexual offenders and
high risk offenders, and to ensure that all violations are communicated to the DOC officer
supervising the offender for communication to the appropriate sentencing authority.
F. Seminole County Probation Department (CP) Responsibilities
The Seminole County Probation Department will perform the following duties in support of the
Agreement to the extent possible within those resources the CP, in its own judgment, believes it
can commit to the Agreement.
1. CP will dedicate certain officers and resources to facilitate the identification of
dangerous, high risk offenders under supervision.
2. CP will provide current information with LE on those offenders under supervision of CP.
This will include, but not be limited to: addresses, offenses, and conditions of supervision
and criminal histories.
3. CP will designate officers to participate in LE operations, in order to familiarize LE with
the location, descriptions and conditions of supervision for offenders on community
control, 'sexual predators, sexual offenders and high risk offenders. This is to ensure that
all violations are communicated to the supervising CP officers. All CP officers who
participate in these operations will be current on use of force training in accordance with
CP's policies and procedures.
4. CP will designate officers to conduct administrative searches in accordance with CP
Policy and Procedures to ensure that offenders are in compliance with their terms of
supervision.
5. CP will train LE officers in accordance with CP's participation in warrantless arrests.
6. CP will not participate in law enforcement activities when the offender is not under the
supervision of the CP.
BL FINANCIAL OBLIGATIONS OF THE PARTIES
DOC, CP, and LE acknowledge that the Agreement is not intended to create financial obligations
between the parties. If financial obligations are incurred as a result of the parties performing their
duties or responsibilities under the Agreement, it is understood that the parties will bear their own
costs.
MOA CCA 09 14 09
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Agreement #A2064
IV. AGREEMENT MANAGEMENT
A. Administrator of the Agreement for DOC
DOC designates its Chief of the Bureau of Procurement and Supply as the designated
Agreement Administrator for DOC and is responsible for maintaining the official file regarding
this Agreement, processing any amendments or termination of same, and of maintaining
records of correspondence between DOC, CP and LE regarding the administration of the
Agreement.
The contact information of DOC's Administrator of the Agreement is:
Chief, Bureau of Procurement and Supply
Florida Department of Corrections
2601 Blair Stone Road
Tallahassee, FL 32399 -2500
(850) 488 6671 - telephone
(850) 922 8897 - facsimile
B. Agreement Managers
DOC, CP, and LE have identified the following individuals as Agreement Managers. These
individuals are responsible for enforcing performance of the Agreement terms and conditions
and shall serve as liaison/agency contact regarding issues arising out of the Agreement. DOC,
CP, and LE reserve the right to delegate another individual to serve as Agreement Manager as
they see fit.
DEPARTMENT OF CORRECTIONS
Edith DeCicco
Circuit Administrator, 1 8 `h Circuit
2698 Orlando Drive
Sanford, Florida 32773
(407) 302 -3811 - telephone
(407) 302 -3819 - facsimile
decicco.edith(c ? mail.dc.state.fl.us - email
LAW ENFORCEMENT
Donald F. Eslinger
Sheriff, Seminole County Sheriff's Office
100 Bush Blvd.
Sanford, Florida 32773
(407) 665 -6650 - telephone
(407) 665 -6654 - facsimile
deslinger®seminolesherifforg
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Agreement #A2064
COUNTY PROBATION
Derek Gallagher
Chief, Seminole County Probation. Department
116 N. Hood Avenue
Sanford, Florida 32771
(407) 665 -4615 - telephone
(407) 665 -4613 - facsimile
dgallagher@seminolecountyfl.gov — email
V. REVIEW AND MODIFICATION
A. Upon request of any party, all parties will review the Agreement to determine whether or not
the terms and conditions of the Agreement are still appropriate. DOC, CP, and LE agree to
renegotiate terms and conditions of the Agreement if it is mutually determined that significant
changes in the Agreement are needed. No party is under any obligation to agree.
B. Modifications of the Agreement, with the exception of Section W, Agreement Management,
must be made through formal written amendment to the Agreement. Any party may change
their Agreement Manager as provided in Section IV as they see fit by communication to the
other party.
VI. TERMINATION
This Agreement may be terminated at any time upon the mutual consent of any party or unilaterally
by any party with no less than thirty (30) calendar days' of notice. Notice will be delivered by
certified mail (return receipt requested). Any party may terminate the Agreement with 24 hours
notice to the other party only for failure to comply with the terms of the Agreement or any
applicable federal or state law.
VII. OTHER CONDITIONS
A. Indemnification
DOC, CP, and LE each agree that they are liable for the actions of their own personnel,
employees and agents when acting in furtherance of the Agreement. DOC, CP, and LE each
understand that they are responsible for defending any and all claims, whether brought in
United States or Florida courts, against their own personnel, employees and agents. None of
the parties agree to indemnify the others in any way.
B. Confidentiality
DOC, CP, and LE will ensure that their agents, personnel and employees assigned to implement
or support the Agreement will apply all appropriate statutes, rules and regulations with regards
to the confidentiality of individual participants receiving services. All information and records
obtained during the course of the Agreement will be handled with the maximum confidentiality
permitted by rule, regulation and statute. Each party will endeavor to keep the other's
personnel information private, but each party understands that they are governed by Florida
State Statutes, specifically Chapters 112 and 119.
MOA_CCA_0914_09
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Agreement #A2064
•
C. Disputes
Any dispute concerning performance of the terms of the Agreement will be handled informally
by the Agreement Managers. Failure to reach agreement on the performance of the terms of the
Agreement by the Agreement Managers will lead to an impasse. No party is bound to agree to
any solution to any dispute. An impasse declared by all Agreement Managers terminates the
Agreement.
D. Data Sharing
DOC, CP, and LE acknowledge that they are both bound by Florida State Statutes, specifically
the Public Records Law, Chapter 119. DOC, CP and LE agree to specifically identify any
information provided to the other party that they believe is exempt from the Public Records
Law as described in Section 119.07(1), Florida Statutes. Each party agrees to respect the
other's legal opinion on exemption, and will refer any party seeking disclosure of said
documents to the providing party for purposes of explaining the exemption from statutes. Each
party agrees to notify the other parties when said documents are requested and to provide
copies of the requested documents for-review, when possible, to determine whether some type
of confidential information has been requested.
E. Health Insurance Portability and Accountability Act
DOC, CP, and LE acknowledge that they are subject to and will comply with the Health
Insurance Portability and Accountability Act (42 U.S.C. 1320d -8). The DOC, CP, and LE have
the right to inspect each other's policies and procedures to ensure that they comply with said
act. If one party believes the other's policies and procedures do not comply with said act, the
issue will be settled by the Agreement Managers.
•
THIS SPACE LEFT INTENTIONALLY BLANK
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• Agreement #A2064
AUTHORIZATION FOR SIGNATURE
IN WITNESS THEREOF, the parties hereto have caused this Amendment to be executed by their
undersigned officials as duly authorized.
Altamonte Springs Police Department
Robert Merchant, Chief of Police
Name Date and Signature
Casselberry Police Department
James Ruf, Chief of Police C - g 94;
Name Date and Si turn(
Federal Bureau of Investigation, Orlando RA
(Resident Agency)
Christopher Davis, Assistant Special Agent in
Charge
Name / Date and Signature
Florida Department of Law Enforcement
Joyce Dawley, Special Agent in Charge . - S
Name Date and S' atur
Name Date and Signature
Lake Mary Police Department
Steve Bracknell, Chief of Police • 14-0 ettwk44.8
Name Date and Signature
•
Longwood Police Department
Thomas Jackson, Chief of Police 1
Name Da a :. d Signature
Oviedo Police Department
Jeffrey Chudnow, Chief of Police /�/�;< /
Name Date and Signature
=prtment a
� "
ice 97 %� ' � t
Name Date and Signature
Sanford Police Department
Brian Tooley, Chief of Police /G17/67
Da - •d F eature O .
It _ r 44: ! Name 44: ` r� axe �
, _ r i ' .._ l a /
S
s ft v p
ZJ Fo Name Date and Signature
ACT X36 Cou.n - e 1 Fe et
m�rid� C u €c n egt
MOA CCA 09_14_09
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• Agreement #A2064
Seminole County Sheriff's Office 4'a c
Donald F. Eslinger, Sheriff 1►= ���'�+
Name Date and Signature
Seminole County Sheriff's Office, General Approv • as to form and legality, bject to
Counsel execuuA /� C / Z R /
David Lane t //
Name Date and Signature
Winter Springs Police Department
Kevin Brunelle, Chief of Police 5-7-01 (9y
Name Date and Signature
United States Secret Service, Orlando RA
(Resident Agency)
James Glendinning, Assistant Special Agent in /
Charge l0 -S 09 / ,
Name • sate and Sigma -
DEPARTMENT OF CORRECTIONS
Approved as to form and legality,
subject to execution:
SIGNED ,l / SIGNED
BY: "Af BY: ' -
NAME: Richard D. Davison NAME: " reen Von Hoene
TITLE: Deputy Secretary '1'IILE: General Counsel
Department of Corrections Department of Corrections
DATE: ✓d /Zd 6? DATE: - cD%
MOA_CCA_09_14_09
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Agreement #A2064
Attachment A
Law Enforcement Agencies (LE's)
Seminole County
Altamonte Springs Police Department
Casselberry Police Department
Lake Mary Police Department
Longwood Police Department
Oviedo Police Department
Sanford Airport Police Department
Sanford Police Department
Seminole County Sheriff's Office
Winter Springs Police Department
Other Agencies
Federal Bureau of Investigation (Orlando Office)
Florida Department of Law Enforcement
United States Secret Service Orlando RA (Resident Agency)
MOA
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