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HomeMy WebLinkAboutV (C) Approval and Authorization for Police Department to Enter Into the West Orange Narcotics Task Force Agreement with Orange County Sheriff's Office Agenda 5-06-2003 Item V C TO: The Honorable Mayor and Board of City Commissioners FROM: Steven J. Goclon, Chief of Police DATE: May 6, 2003 SUBJECT: AUTHORIZATION TO ENTER INTO THE WEST ORANGE NARCOTICS TASK FORCE AGREEMENT STAFF REPORT ISSUE Should the Honorable Mayor and Board of City Commissioners authorize the Ocoee Police Department to enter into an agreement with the Orange County Sheriffs Office and the Winter Garden Police Department, formalizing our West Orange Narcotics Task Force? BACKGROUND Illegal drug sales and their associated crimes in our neighborhoods have a major impact on the quality of life for our citizens. The Ocoee and Winter Garden Police Departments have been combining their limited resources for approximately the last year and half to combat the drug problems in our respective cities. The Orange County Sheriffs Office has been providing intelligence assistance and the use of their SWAT team to serve search warrants. These drug investigations often cross jurisdictional lines extending into neighboring areas of Orange County. Because of the cross-jurisdictional and resource problems, the Ocoee and Winter Garden Police Departments have an informal agreement in which the Sheriff's Office provides two deputies as full time members of the task force. A formal agreement would result in cost efficient drug dealer asset forfeitures, establish where this task force will work and eliminate jurisdictional problems. In the past year, the task force has been able to investigate many of the drug complaints received from citizens and intelligence sources. It has conducted numerous search warrants, and has made numerous arrests and seizures of illegal drugs and drug dealer assets, including money, firearms and vehicles. RECOMMENDATION It is respectfully recommended that the Honorable Mayor and Board of City Commissioners approve this West Orange Narcotics Task Force agreement. &3419 WEST ORANGE NARCOTICS TASK FORCE AGREEMENT WHEREAS, the Cities of Winter Garden ("Winter Garden") and Ocoee ("Ocoee"), Florida, hereinafter sometimes referred to collectively as "the Cities," and the Sheriff's Office of Orange County, Florida ("OCSO") wish to implement and operate a joint operation to combat illegal narcotics and related criminal activity (including but not limited to prostitution) in or near said cities; and WHEREAS, the Cities wish to provide sworn officers to staff said joint operation, hereinafter referred to as the "West Orange Narcotics Task Force" ("WONTF"); and WHEREAS, the parties will benefit from joint efforts to combat illegal narcotics and related criminal activity, which often cross jurisdictional lines; and WHEREAS, the WONTF will facilitate the investigation and arrest of persons engaged in such crimes; and WHEREAS, participation in said task force may require law enforcement officers for the Cities to take law enforcement action outside their usual jurisdictional limits; NOW, THEREFORE, in mutual consideration of the promises herein, the Parties agree as follows: 1. Winter Garden shall designate one (1) sworn law enforcement officer from its police department to participate in the WONTF. 2. Ocoee shall designate two (2) sworn law enforcement officers from its police department to participate in the WONTF. 3. The OCSO shall designate two (2) sworn deputies, one (1) Sergeant and one (1) Corporal, to supervise and assist with the day-to-day operations of the WONTF. 4. The WONTF shall focus its time and attention primarily on the section of Orange County that encompasses Winter Garden, Ocoee, and the area west of Good Homes Road and west of Apopka Vineland Road that is bounded on the north and south by the Orange County line. 5. The officers provided by the Cities shall be cross-sworn as Orange County deputies. Said deputization, and the authority it confers, shall be limited to actions consistent with applicable law and OCSO policy that are part of official on-duty WONTF operations coordinated by OCSO supervisors assigned to the task force. A Winter Garden or Ocoee officer who is cross-sworn in accordance with this Agreement, and who otherwise takes law enforcement action in an area that is outside his or her usual city jurisdiction, must have independent authority to do so by virtue of an applicable mutual aid agreement or by operation of law (e.g., fresh pursuit). 6. Should official WONTF operations coordinated by OCSO supervisors require the city officers identified herein to take law enforcement action outside the jurisdictional boundaries of Orange County, the officers must have advance permission to do so from the Sheriffs Office with jurisdiction in that area, in accordance with the Sheriffs' Statewide Mutual Aid Agreement and OCSO policies and procedures. 7. City officers deputized in accordance with this Agreement have no authority whatsoever to deputize any other persons, whether sworn or civilian. Furthermore, they do not have authority to speak on behalf of the OCSO or make any statements that are binding on the OCSO. 8. All law enforcement officers assigned to the WONTF shall abide by, and be subject to, the rules and regulations, personnel policies, general orders, and standard operating procedures of their respective agencies, except as specifically required herein. 9. Each party shall be responsible for the acts, omissions, and conduct of its agents, employees, and appointees occurring while said persons are engaged in providing services pursuant to this Agreement, subject to the provisions of Florida Statute 768.28 where applicable. Winter Garden and Ocoee shall be responsible for, and shall indemnify and defend the OCSO and its employees and agents with regard to, the acts, omissions, and conduct of their respective deputized officers operating hereunder. 2 10. The Cities acknowledge and agree that deputy status afforded city officers hereunder does not grant the officers law enforcement powers for purposes of off-duty law enforcement employment. 11. The Cities are solely responsible for providing compensation and benefits to their respective officers assigned to the WONTF, including but not limited to salary, overtime, health insurance, disability insurance, liability insurance, workers compensation, pension, vacation time, sick leave, and any amounts due for personal injury or death. 12. The Cities agree that a city officer's deputy status awarded hereunder automatically terminates when the officer's assignment to the WONTF ends. Furthermore, the OCSO may revoke said deputy status at any time upon written notice to the officer and his/her Chief of Police. The Cities will participate in ensuring the officers return all articles evidencing deputy status (e.g., badge). 13. Each party furnishing equipment pursuant to this Agreement must bear the cost of loss or damage to that equipment and must pay any expense incurred in the operation and maintenance of that equipment. 14. This Agreement shall take effect on April 1, 2003 and shall continue in full force and effect through December 31, 2004. The term of this Agreement may be extended for a period of up to 120 days by written agreement executed prior to December 31, 2004 by the Sheriff of Orange County and Winter Garden and Ocoee Chiefs of Police. This Agreement contains the entire understanding between the parties and shall not be modified or renewed except in writing. 15. A party may terminate this Agreement for convenience upon delivery of written notice to the other parties. In the event of such a termination, any and all property or equipment provided to the WONTF shall immediately be returned to the providing agency. The liability provisions of this Agreement shall survive any such termination. 16. The proposed seizure of any vessel, motor vehicle, aircraft, or other property pursuant to the Florida Contraband Forfeiture Act (Florida Statute 932.701-707) during the performance of this Agreement shall be referred to the OCSO Legal Services Section. An attorney with the OCSO Legal 3 Services Section shall determine if a forfeiture action is appropriate. The OCSO Legal Services Section shall handle all such forfeiture actions in accordance with applicable law and OCSO policy. The OCSO Legal Services Section shall have the exclusive right to control, and responsibility to maintain, the proceedings in accordance with the Florida Contraband Forfeiture Act, including but not limited to complete discretion to bring a lawsuit, dismiss the case, or settle the case. 17. The OCSO, the agency pursuing the forfeiture action, shall be entitled to recover its reasonable costs, including but not limited to attorney's fees, filing fees, and court reporter's fees, from the proceeds of the case. The remaining proceeds from forfeited property seized as a result of or in accordance with this Agreement shall be divided 40% for the OCSO, 40% for Ocoee, and 20% for Winter Garden. Should the composition of the task force change, the parties shall confer to arrive at other appropriate figures for this formula. 18. If the OCSO declines to pursue the forfeiture of any property which could lawfully be seized in accordance with the Florida Contraband Forfeiture Act, another party may pursue a forfeiture action on its own or jointly with the remaining party. The costs and responsibility for any such action shall rest solely with those agencies. The proceeds from any such seizure shall be divided between the parties who seek such action. The OCSO, its employees and agents, shall not be held accountable for any costs associated with said action, including but not limited to storage fees, filing fees, court reporter fees, or attomey's fees. 19. Nothing in this Agreement shall be construed as a transfer or contracting away of the powers or functions of one party hereto to another. 20. This Agreement shall in no event confer upon any person, corporation, partnership, or other entity, including the parties hereto, the right to damages or any other form of relief against any party to this Agreement for operations or omissions hereunder. 21. The Cities shall immediately inform the OCSO of the city officers who from their respective police departments who are assigned to participate in the WONTF. 4 22. This Agreement shall be construed in accordance with Florida law. The venue of any litigation arising hereunder shall be Orange County, Florida. In witness whereof, the parties have caused this Agreement to be executed by the undersigned persons as duly authorized. SHERIFF'S OFFICE OF WINTER GARDEN ORANGE COUNTY,FLORIDA POLICE DEPARTMENT Kevin Beary Jimmie Yawn as Sheriff of Orange County, Florida as Chief of Police Date: Date: APPROVED: CITY OF WINTER GARDEN, FL ATTEST: City Clerk Jack Quesinberry Mayor APPROVED BY THE CITY COMMISSION OF THE CITY OF WINTER GARDEN, FLORIDA, AT A MEETING HELD ON UNDER AGENDA NO. SHERIFF'S OFFICE OF 4 WINTER GARDEN ORANGE COUNTY, FLORIDA try POLICE DEPARTMENT 5 ATTEST: CITY OF OCOEE, FLORIDA By: � �- C Cu -�f.( ✓I Jean Grafton, City Clerk S. Scott Vandergrift. Mayor (SEAL) FOR USE AND RELIANCE ONLY BY APPROVED BY THE OCOEE CITY THE CITY OF OCOEE, FLORIDA; COMMISSION AT A MEETING APPROVED AS T9,FORM AND HELD ON , 2003 LEG LITY this 6 day of UNDER AGENDA ITEM NO. , 2003. FOLEY & LARDNER Q/ /' /�, By: ( " " 4s ✓�' City Attorney 006.294814. Kevin Beary Jimmie Yawn as Sheriff of Orange County,Florida as Chief of Police Date: Date: APPROVED: CITY OF WINTER GARDEN, FL ATTEST: City Clerk Jack Quesinberry Mayor APPROVED BY THE CITY COMMISSION OF THE CITY OF WINTER GARDEN, FLORIDA, AT A MEETING HELD ON UNDER AGENDA NO. OCOEE POLICE DEPARTMENT Steve Goclon as Chief of Police Date: Date: APPROVED: CITY OF OCOEE, FLORIDA 6 ATTEST: City Clerk Scott Vandergrift Mayor APPROVED BY THE CITY COMMISSION OF THE CITY OF OCOEE, FLORIDA, AT A MEETING HELD ON UNDER AGENDA NO. FOR USE AND RELIANCE ONLY BY FOR USE AND RELIANCE ONLY THE SHERIFF OF ORANGE COUNTY, BY THE CITY OF WINTER FLORIDA. APPROVED AS TO FORM GARDEN, FLORIDA. AND LEGALITY THIS DAY OF APPROVED AS TO FORM AND , 2003. LEGALITY THIS DAY OF , 2003. DOROTHY K. BURK CITY ATTORNEY SR. ASSISTANT GENERAL COUNSEL FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE, FLORIDA. APPROVED AS TO FORM AND LE ITY THIS G. DAY OF 200 7 3V �/ z44I CITY ATTORNEY his r 0i Grafton, Jean From: Goclon, Steve Sent: Thursday, May 01, 2003 12:38 PM To: Grafton, Jean Subject: FW: Interlocal Agreements ORtA_294814_1.D OCX Original Message From: Cookson, Scott A. fmailto:SCookson(afoleylaw.comj Sent: Thursday, May 01, 2003 12:02 PM To: 'sgoclon@ci.ocoee.ftus' Cc: Storey III, Edward A. Subject: Interlocal Agreements Chief Goclon - We have reviewed both the Traffic Surcharge Interlocal Agreement and the West Orange Narcotics Task Force Agreement. Please be advised that our only suggested change is that the phrase", to the extent permitted by law," be added after the word "indemnify"" in Section 9 of the West Orange Narcotics Task Force Agreement. In addition, please ensure that the City's signature block for both agreements matches the attached signature block page. Please do not hesitate to contact me should you have any questions. «ORLA_294814_1.DOCa» Scott A. Cookson Foley & Lardner-Orlando 111 N. Orange Ave. Suite 1800 Orlando, FL 32801 scookson Afoley law.com Phone- (407) 244-3245 Fax-(407) 648-1743 www.fo l e y l a rd n e r.cc m