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HomeMy WebLinkAboutItem #05 Approval for Renewal of the West Orange Narcotics Task Force Agreement t I ocoee florida AGENDA ITEM COVER SHEET Meeting Date: April 18, 2017 Item # s Reviewed By: Contact Name: Charles J. Brown Department Director: Chie , n Contact Number: X 3022 City Manager: Rob Frank `7 Subject: Approval for Renewal of the West Orange Narcotics Task Force Agr- -ment Renewal Background Summary: The City of Ocoee Police Department participates in a West Orange Narcotics Task Force Agreement with the City of Winter Garden and the Orange County Sheriffs Office. This agreement will expire on April 30, 2017. All of the participating agencies have agreed to add a new partner, the Apopka Police Department, and negotiated an updated Agreement. As these law enforcement agencies are located in close relation to each other, this agreement is a benefit to each participating agency as it creates an opportunity to jointly combat illegal narcotics and related criminal activity, which often cross jurisdictional lines. Many quality of life concerns brought forward by our residents are also addressed by the West Orange Narcotics Task Force personnel. Issue: Should the Honorable Mayor and Board of City Commissioners approve the signing of the renewal of the West Orange Narcotics Task Force Agreement? Recommendations Staff respectfully recommends that the Honorable Mayor and Board of City Commissioners approve the renewal of the West Orange Narcotics Task Force Agreement. Attachments: West Orange Narcotics Task Force Agreement Financial Impact: There are no new financial impacts to the City of Ocoee. Type of Item: (please mark with an "x Public Hearing For Clerk's Dept Use: Ordinance First Reading Consent Agenda Ordinance Second Reading Public Hearing Resolution Regular Agenda X Commission Approval Discussion& Direction Original Document/Contract Attached for Execution by City Clerk Original Document/Contract Held by Department for Execution Reviewed by City Attorney N/A Reviewed by Finance Dept. N/A Reviewed by 0 N/A There are no new finical impacts to the City of Ocoee. 2 WEST ORANGE NARCOTICS TASK FORCE AGREEMENT WHEREAS, the Cities of Apopka ("Apopka"), 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, all such assignments shall be made based upon each agency's operational needs and personnel availability; 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. Apopka shall designate two (2) sworn law enforcement officers from its police department to participate in the WONTF. 4. The OCSO shall designate one (1) Sergeant and one (1) Corporal to assist and supervise the day-to-day operations of the WONTF. 5. WONTF operations shall be primarily focused on the section of Orange County that encompasses Apopka, Winter Garden, Ocoee, and the unincorporated area west of North Apopka Vineland Road that is bounded on the north and south by the Orange County line. (See Attachment A) 1 6. 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 and approved by OCSO supervisors assigned to the task force. An Apopka, 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, and not part of a WONTF operation approved by the OCSO Supervisor assigned to the task force, must have independent authority to do so by virtue of an applicable mutual aid agreement or by operation of law(e.g., fresh pursuit). 7. Apopka, 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 Apopka, Winter Garden or Ocoee officer shall immediately refer the issue to the appropriate manager at his or her agency for resolution. All pertinent OCSO orders will be suspended pending the resolution of the issue. However, failure of the Apopka, Winter Garden or Ocoee officer to refer the issue shall not be a breach of this Agreement. 8. 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. 9. Each party shall be responsible for investigating and resolving complaints against the officers in its employ assigned to the WONTF. 10. 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 Apopka, Winter Garden and Ocoee. 11. Apopka, 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. The parties do not waive any sovereign immunity protection provided by law. 12. The cities arc 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. 2 13. 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). 14. 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. 15. The proposed seizure of any vessel, motor vehicle, aircraft, or other property pursuant to the Florida Contraband Forfeiture Act (Florida Statute 932.701-7062) 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. 16. 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 distributed to the member agencies. For the purposes of this agreement, distribution of assets will be calculated by the percentage of total staffing assigned to the WONTF by each member agency participating in forfeiture distribution at the time of seizure. Staff positions voluntarily vacant for more than ninety (90) days will not be included in calculating each member agency's contribution. "Voluntarily vacant" is defined as vacancies created when a member agency does not staff a new position or by transfer, retirement or resignation of an assigned officer and the member agency does not fill the position. It does not include vacancies created by FMLA, Worker's Compensation injuries, administrative suspensions, etc. 17. 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. 3 18. This Agreement shall take effect on April 15, 2017and shall continue in full force and effect through December 31, 2020. The term of this Agreement may be extended for a period of up to 120 days by written agreement executed prior to December 31, 2020 by the Sheriff of Orange County and the Chiefs of Police for the Cities. This Agreement may not be renewed or amended except in writing. 19. 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 agency. The provisions of Sections 10 and I1 of this Agreement shall survive any termination or expiration of the Agreement. 20. 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. 21. Nothing in this Agreement shall be construed as transfer of, or contracting away, the powers or functions of one party hereto to another. 22. 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. 23. 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 Date: Jerry L. Demings as Sheriff of Orange County, Florida FOR USE AND RELIANCE ONLY BY THE SHERIFF OF ORANGE COUNTY, FLORIDA. APPROVED AS TO FORM AND LEGALITY THIS DAY OF , 2017. General Counsel 4 OCOEE POLICE DEPARTMENT Charles J. Brown Chief of Police APPROVED: CITY OF OCOEE, FLORIDA ATTEST: City Clerk Rusty Johnson 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 THE CITY OF OCOEE, FLORIDA. APPROVED AS TO FORM AND LEGALITY THIS DAY OF 2017. City Attorney 5 WINTER GARDEN POLICE DEPARTMENT George A. Brennan Chief of Police APPROVED: CITY OF WINTER GARDEN, FLORIDA ATTEST: City Clerk John Rees Mayor APPROVED BY THE CITY COMMISSION OF THE CITY OF WINTER GARDEN, FLORIDA, AT A MEETING HELD ON UNDER AGENDA NO. FOR USE AND RELIANCE ONLY BY THE CITY OF WINTER GARDEN, FLORIDA. APPROVED AS TO FORM AND LEGALITY THIS DAY OF 2017. City Attorney 6 APOPKA POLICE DEPARTMENT Michael McKinley Chief of Police APPROVED: CITY OF APOPKA, FLORIDA ATTEST: City Clerk Joseph Kilsheimer Mayor APPROVED BY THE CITY COMMISSION OF THE CITY OF APOPKA, FLORIDA, AT A MEETING HELD ON UNDER AGENDA NO. FOR USE AND RELIANCE ONLY BY THE CITY OF APOPKA, FLORIDA. APPROVED AS TO FORM AND LEGALITY THIS DAY OF 2017. City Attorney 7 ATTACHMENT "A" .. . , OVERLAND APOPKA UNINCORPORATED -., x = .:._ .- . . E .. . .. . -_ . iiii '# • . , • -. )- • ;._ ° -.1. • I .. • ' PINE HILLS OCOEE1 :.. .. . . _ .... ... ...;- . _. . . I:431j A 1°..z 1 4.) enti f. X,* • i.r- :•,. ,,,,fr, M. 11 -,,,r,-.!i-r,n,f....e.----.----:7-:---1---------- ..... • ___ .. .._._ _ ........_._ ... Hill , .