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HomeMy WebLinkAboutItem #12 Approval of West Orange Narcotics Task Force Agmnt. Renewal AGENDA ITEM COVER SHEET Meeting Date: May 5, 2009 Item # /62 Contact Name: Contact Number: C. Brown X 3022 Reviewed By: Department Director: City Manager: ~ -- Subject: West Orange Narcgtics Task Force Agreem,ent Renewal W ;:i<)P:"" 0::~ ~~~rj;A~~{ .:;.l?i51.j!n,- ,";;;;;% g$t~::j.1;:~li~~',:%;.!;:I~il:gb-! .0&> Background Summary: The current West Orange Narcotics Task Force Agreement with the Orange County Sheriffs Office and the Winter Garden Police Department expires April 30, 2009. The new agreement shall take effect on May 1,2009 and shall continue in full force and effect through December 31, 2012. Issue: Should the Honorable Mayor and Board of City Commissioners approve and authorize the Mayor to sign the renewal of the West Orange Narcotics Task Force Agreement with the Orange County Sheriffs Office and the Winter Garden Police Department? Recommendations It is recommended that the Honorable Mayor and Board of City Commissioners approve and authorize the Mayor to sign the renewal of the West Orange Narcotics Task Force Agreement with the Orange County Sheriffs Office and the Winter Garden Police Department. Attachments: West Orange Narcotics Task Force Agreement Financial Impact: The police department receives 1/3 of assets forfeited as a result of cases after legal expenses. Type of Item: (please mark wifh an "x'? Public Hearing Ordinance First Reading Ordinance Second Reading Resolution x Commission Approval Discussion & Direction For Clerk's Deof Use: _____ Consent Agenda _____ Public Hearing _____ Regular Agenda x Original Document/Contract Attached for Execution by City Clerk Original Document/Contract Held by Department for Execution Reviewed by City Attorney Reviewed by Finance Dept. Reviewed by 0 Foley and Lardner 4-29-09 ~AS- N/A N/A N/A Commissioners Garv Hood. District 1 Rosemary Wilsen. District 2 Rusty Johnson. District 3 Joel Keller. District 4 Mayor S. Scott Vander!1:rift City Mana!1:er Robert Frank STAFF REPORT TO: The Honorable Mayor and City Commissioners Charles J. Brown, Chief Of~O~ ~./ FROM: DATE: April 29, 2009 RE: West Orange Narcotics Task Force Agreement Renewal ISSUE Should the Honorable Mayor and Board of City Commissioners approve and authorize the Mayor to sign the renewal of the West Orange Narcotics Task Force Agreement with the Orange County Sheriffs Office and the Winter Garden Police Department? BACKGROUNDIDISCUSSION 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 and the Orange County Sheriffs Office have been combining their resources to combat the drug problems in our respective jurisdictions since the inception of the West Orange Narcotics Task Force Agreement in 2003. The Orange County Sheriffs Office has been providing intelligence assistance and the use of their SWAT team to serve search warrants. The agreement has resulted in cost efficient drug dealer asset forfeitures, established where this task force works, and eliminated jurisdictional problems. In the past several years, 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. It has resulted in a safer community as evidenced by the lower number of home invasions and other drug and vice related spin off cnmes. The current West Orange Narcotics Task Force Agreement with the Orange County Sheriffs Office and the Winter Garden Police Department expires April 30, 2009. The new agreement shall take effect on May 1,2009 and shall continue in full force and effect through December 31, 2012. This agreement has been reviewed by Foley and Lardner. 1 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 Sheriffs 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 two (2) sworn law enforcement officers 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 one (1) Sergeant and one (1) Corporal to assist and supervise the day-to-day operations ofthe WONTF. 4. WONTF operations shall be limited to the section of Orange County that encompasses Winter Garden, Ocoee, and the unincorporated area west of Apopka Vineland Road that is bounded on the north and south by the Orange County line. The parties may invoke any mutual aid agreements among them to permit other joint law enforcement operations across jurisdictional lines. 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 oflaw (e.g., fresh pursuit). 6. Winter Garden and Ocoee police officers assigned to the WONTF remain responsible for complying with the policies and procedures of their respective agencies. In case of a conflict with OCSO policy, or direction from an OCSO supervisor, the Winter Garden or Ocoee officer shall immediately refer the issue to the appropriate manager at his or her agency for resolution. However, failure of the Winter Garden or Ocoee officer to refer the issue shall not be a breach of this Agreement. All pertinent OCSO orders will be suspended pending the resolution of the issue. 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 legally bind the OCSO or speak: on behalf of the OCSO. The deputy status afforded city officers hereunder does not grant them law enforcement powers for purposes of off-duty law enforcement related employment. 8. Each party shall be responsible for investigating and resolving complaints against the officers in its employ assigned to the WONTF. 9. OCSO supervisory personnel assigned to the WONTF shall generate a monthly report on WONTF activities (e.g., enforcement actions, forfeiture cases initiated) for the Sheriff and Chiefs of Police for Winter Garden and Ocoee. 10. Winter Garden and Ocoee are responsible for the acts, omissions, and conduct of their respective officers and employees occurring hereunder, including deputized city officers, subject to the provisions of Florida Statute 768.28, where applicable. The OCSO is responsible for the acts, omissions, and conduct of its officers and employees occurring hereunder, subject to the provisions of Florida Statute 768.28, where applicable. 11. The CItIes are responsible for providing compensation and benefits to their respective officers and employees assigned to the WONTF, including but not limited to salary, overtime, health insurance, disability insurance, life insurance, liability insurance, workers compensation, pension/retirement, vacation time, sick leave, and any amounts due for personal injury or death. 12. A city officer's deputy status provided hereunder automatically terminates when his or her assignment to the WONTF ends. Furthermore, the Sheriff of Orange County, Florida, or designee, may revoke said deputy status at any time with written notice to follow on a timely basis. Said notice shall be directed to the officer and his or her Chief of Police. The Cities will coordinate their officers returning all OCSO equipment (e.g., badge, star, identification card). 2 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. 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. The referring officer shall specifically identify it from the start as a WONTF case. An attorney with the OCSO Legal 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. 15. After the OCSO deducts the costs associated with handling the forfeiture cases (e.g., filing fees, attorney time, auction costs), all proceeds from forfeited property seized as a result of or in accordance with this Agreement shall be divided one-third for the OCSO, one-third for Ocoee, and one-third for Winter Garden. Said funds should be disbursed within sixty (60) days of final disposition (e.g., case is concluded, time for appeal expires, and car is auctioned). If judgment and/or fees are entered against law enforcement, the parties shall be responsible according to the same formula (one-third each). Should the manpower composition of the task force change, the parties shall confer to determine an appropriate formula. The parties retain discretion to agree to a different formula in specific cases to reflect special circumstances. 16. 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 city or cities bringing the forfeiture action shall be solely responsible for all costs and liabilities associated with it. The proceeds from any such seizure shall be divided between the parties who seek such action. Said funds should be disbursed within sixty (60) days of final disposition (e.g., case is concluded, time for appeal expires, and car is auctioned). The OCSO, its employees and agents, shall not be held accountable for any costs or liabilities associated with said action, including but not limited to storage fees, filing fees, court reporter fees, attorney's fees, or judgments. 17. This Agreement shall take effect on May 1, 2009 and shall continue in full force and effect through December 31, 2012. The term of this Agreement may be extended for a period of up to 120 days by written agreement executed prior to December 31, 2012 by the Sheriff of Orange County and the Chiefs of Police for Winter Garden and Ocoee. 18. A party may terminate this Agreement for convenience upon delivery of written notice to the other parties. If any party terminates, the Agreement ends; it will have no force and effect as to the other parties. In the event of a termination, any and all property or equipment provided to the WONTF shall immediately be returned to the providing 3 agency. The provisions of Sections 10 and 11 of this Agreement shall survIve any termination or expiration of the Agreement. 19. This Agreement contains the entire understanding between the parties and shall not be modified or renewed except in writing. This Agreement shall supersede all previous such agreements. 20. Nothing in this Agreement shall be construed as transfer of, or contracting away, the powers or functions of one party hereto to another. 21. 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. 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 ORANGE COUNTY, FLORIDA WINTER GARDEN POLICE DEPARTMENT Jerry L. Demings as Sheriff of Orange County, Florida George A. Brennan as Chief of Police Date: Date: OCOEE POLICE DEPARTMENT Charles J. Brown as Chief of Police Date: 4 ATTEST: City Clerk ATTEST: City Clerk APPROVED: CITY OF WINTER GARDEN, FLORIDA John Rees Mayor APPROVED BY THE CITY COMMISSION OF THE CITY OF WINTER GARDEN, FLORIDA, AT A MEETING HELD ON UNDER AGENDA NO. APPROVED: CITY OF OCOEE, FLORIDA Scott Vandergrift Mayor APPROVED BY THE CITY COMMISSION OF THE CITY OF OCOEE, FLORIDA, AT A MEETING HELD ON UNDER AGENDA NO. 5 FOR USE AND RELIANCE ONLY BY THE SHERIFF OF ORANGE COUNTY, FLORIDA. APPROVED AS TO FORM AND LEGALITY THIS DA Y OF ,2009. By: General Counsel FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE, FLORIDA. APPROVED AS TO FORM AND LEGALITY THIS DA Y OF 2009. By: City Attorney FOR USE AND RELIANCE ONLY BY THE CITY OF WINTER GARDEN, FLORIDA. APPROVED AS TO FORM AND LEGALITY THIS DAY OF , 2009. By: 6 City Attorney