Loading...
HomeMy WebLinkAbout2010 03 22 Consent 203 Approval of Interlocal Agreement for Family Focus Monitoring Enforcement Action Plan COMMISSION AGENDA Informational ITEM 203 Consent X Public Hearings Regular March 22, 2010 ��►��+ Regular Meeting Mgr. / Dept. Authorization REQUEST: The Police Department requests the City Commission review the attached Interlocal Agreement for the Family Focus Monitoring Enforcement Action plan and authorize the City Manager execute and enter the city into said agreement. SYNOPSIS: In the past, the police department has participated in a program once sponsored by the Salvation Army called the Family Focus Program. This program allows parents to participate in supervised court- ordered visits under the watch of local law enforcement officers. Since this is county -wide project, officers from all of the jurisdictions within Seminole County send officers to this program to act in this capacity. Recently, this project was taken over by Safehouse of Seminole, thus, a new agreement had to be drafted. Since the visitation is held outside the city limits of Winter Springs, this agreement allows the officers to take enforcement action or assist parties in need under the auspices of the Mutual Aid Act. Additionally, since previous agreements were signed under the office of the former police chief, this new agreement would make this document reflect current police department administration. CONSIDERATIONS: The agreement is required to give the officers the legal authority needed to act in emergency situations and be covered legally when operating under the color of their office. Additionally, the officers will be responsible to the Standard Operating Procedures and General Orders of the department while attending this function. It is the desire of the police department to continue to serve this valuable community service tool. FISCAL IMPACT: To approve this new agreement and continue our participation in this program has no financial impact to the budget. COMMUNICATIONS EFFORTS: None required. RECOMMENDATIONS: The City Commission is being requested to review the Interlocal Agreement and approve the City Manager to execute the agreement on behalf of the city. ATTACHMENTS: A. Copy of the Interlocal Agreement as reviewed and approved by City Attorney Anthony Garganese's office. INTER -LOCAL VOLUNTARY COOPERATION OPERATIONAL ASSISTANCE FAMILY FOCUS MONITORING/ENFORCEMENT ACTION The City of Altamonte Springs, Florida The City of Lake Mary, Florida The City of Longwood, 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 Lake Mary Police Department, the Longwood Police Department, the Oviedo Police Department, the Sanford Police Department, the Winter Springs Police Department, and the Seminole County 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, to wit, providing security at Family Focus, in Sanford, FL according to procedures specified herein. NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS: SECTION 1. DEFINITIONS A. Officer: A State of Florida certified Law Enforcement Officer employed by one of the participating agencies. Specifically applies to Deputy Sheriffs B. Family Focus: That property owned, operated or leased by Safehouse of Seminole to carry out the court- sanctioned Family Focus program. SECTION II. PURPOSE A. Family Focus is a court sanctioned facility within the City of Sanford that is frequently the site for the exchange of children between separated parents or for court ordered supervised visitation of parents with children. B. All the member agencies are aware that there is a potential need for law enforcement services where separated parents and supervised visitation occur. The history of and/or potential for domestic violence is often associated with families served by Family Focus. Accordingly, the presence of law enforcement officers serves to deter and prevent any violence that may occur between separated parents where family visitation occurs. Family Focus Agreement 1 January 1, 2010— January 1, 2013 C. All the member agencies acknowledge that the public safety of the community is paramount; that the supervised exchange and visitation of children must be accomplished in a peaceful, lawful and safe manner. Manpower constraints make it impractical for any single agency to continually staff Family Focus with a law enforcement officer. Sharing this responsibility on a rotational basis among Seminole County law enforcement agencies ensures continuous availability of trained and equipped law enforcement officers to be present at all times when Family Focus is providing services. SECTION III. PROCEDURE A. The roster of which agency is responsible for what period of time will be agreed upon by the command staff of the member agencies. B. Each agency agrees to provide an officer for their allotted period of time. C. Upon reporting for duty at the Family Focus Center, each officer will check in with their communication center and the Sheriff's Office Communication Center to advise of their location and purpose. D. Upon departure, each officer will check out with their communication center and the Sheriff's Office Communication Center. SECTION IV. RESPONSE TO RESISTANCE AND ARREST A. Each participating agency shall have a written policy dealing with response to resistance and the use of force for enforcement action. B. Officers using force shall complete whatever forms are prescribed by their individual agency in accordance with the policies of their agency. C. If law enforcement action is taken, officers shall notify the Sheriff's Office as soon as practical that law enforcement action has been taken under the provisions of this agreement and Mutual Aid pursuant to Chapter 23, Florida Statutes. SECTION V. POWERS, PRIVILEGES, IMMUNITIES AND COSTS A. Officers of the member law enforcement agencies to this agreement, when actually engaging in enforcement action, mutual cooperation and assistance outside 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. Family Focus Agreement 2 January 1, 2010 — January 1, 2013 B. Each party agrees to furnish a fully equipped officer at their assigned time. C. The agency furnishing the officer pursuant to this agreement shall bear the risks incurred with providing law enforcement services pursuant to this agreement. The agency furnishing the officer shall compensate their officer in accordance with that individual agencies policies for compensation. D. All the privileges and immunities from liability, exemption from law, 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 of the individual agencies when performing their respective functions within the territorial limits of their respective agencies shall apply to them the 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 VI. 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 officer while engaging in any enforcement action pursuant to this Agreement to hold harmless, defend, and indemnify the other participating parties 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 VII 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 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 VIII EFFECTIVE DATE This specific Inter -Local 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. Family Focus Agreement 3 January 1, 2010 — January 1, 2013 SECTION IX CANCELLATION Under no circumstances may this Agreement by renewed or extended, except in writing. Any party may withdraw from this Agreement upon thirty 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 Family Focus Agreement 4 January 1, 2010 — January 1, 2013 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 L. Smith, City Manager City of Winter Springs, Florida Date • , INTER -LOCAL VOLUNTARY COOPERATION OPERATIONAL ASSISTANCE FAMILY FOCUS MONITORING/ENFORCEMENT ACTION The City of Altamonte Springs, Florida The City of Lake Mary, Florida The City of Longwood, 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 Lake Mary Police Department, the Longwood Police Department, the Oviedo Police Department, the Sanford Police Department, the Winter Springs Police Department, and the Seminole County Sheriffs Office 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, to wit, providing security at Family Focus, in Sanford, FL according to procedures specified herein. NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS: SECTION 1. DEFINITIONS A. Officer: A State of Florida certified Law Enforcement Officer employed by one of the participating agencies. Specifically applies to Deputy Sheriffs B. Family Focus: That property owned, operated or leased by Safehouse of Seminole to carry out the court- sanctioned Family Focus program. SECTION II. PURPOSE A. Family Focus is a court sanctioned facility within the City of Sanford that is frequently the site for the exchange of children between separated parents or for court ordered supervised visitation of parents with children. B. All the member agencies are aware that there is a potential need for law enforcement services where separated parents and supervised visitation occur. The history of and/or potential for domestic violence is often associated with families served by Family Focus. Accordingly, the presence of law enforcement officers serves to deter and prevent any violence that may occur between separated parents where family visitation occurs. Family Focus Agreement 1 January I, 2010 — January 1, 2013 C. All the member agencies acknowledge that the public safety of the community is paramount; that the supervised exchange and visitation of children must be accomplished in a peaceful, lawful and safe manner. Manpower constraints make it impractical for any single agency to continually staff Family Focus with a law enforcement officer. Sharing this responsibility on a rotational basis among Seminole County law enforcement agencies ensures continuous availability of trained and equipped law enforcement officers to be present at all times when Family Focus is providing services. SECTION III. PROCEDURE A. The roster of which agency is responsible for what period of time will be agreed upon by the command staff of the member agencies. B. Each agency agrees to provide an officer for their allotted period of time. C. Upon reporting for duty at the Family Focus Center, each officer will check in with their communication center and the Sheriff's Office Communication Center to advise of their location and purpose. D. Upon departure, each officer will check out with their communication center and the Sheriff's Office Communication Center. SECTION IV. RESPONSE TO RESISTANCE AND ARREST A. Each participating agency shall have a written policy dealing with response to resistance and the use of force for enforcement action. B. Officers using force shall complete whatever forms are prescribed by their individual agency in accordance with the policies of their agency. C. If law enforcement action is taken, officers shall notify the Sheriff s Office as soon as practical that law enforcement action has been taken under the provisions of this agreement and Mutual Aid pursuant to Chapter 23, Florida Statutes. SECTION V. POWERS, PRIVILEGES, IMMUNITIES AND COSTS A. Officers of the member law enforcement agencies to this agreement, when actually engaging in enforcement action, mutual cooperation and assistance outside 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. Family Focus Agreement 2 January 1, 2010 — January 1, 2013 B. Each party agrees to furnish a fully equipped officer at their assigned time. C. The agency furnishing the officer pursuant to this agreement shall bear the risks incurred with providing law enforcement services pursuant to this agreement. The agency furnishing the officer shall compensate their officer in accordance with that individual agencies policies for compensation. D. All the privileges and immunities from liability, exemption from law, 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 of the individual agencies when performing their respective functions within the territorial limits of their respective agencies shall apply to them the 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 VI. 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 officer while engaging in any enforcement action pursuant to this Agreement to hold harmless, defend, and indemnify the other participating parties 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 VII 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 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 VIII EFFECTIVE DATE This specific Inter -Local 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. Family Focus Agreement 3 January 1, 2010 — January 1, 2013 SECTION IX CANCELLATION Under no circumstances may this Agreement by renewed or extended, except in writing. Any party may withdraw from this Agreement upon thirty 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 Family Focus Agreement 4 January 1, 2010 — January 1, 2013 • 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 K- L. Smit ity Manager City of Winter Springs, Florida March 24, 2010 Date