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HomeMy WebLinkAboutItem 05 Consideration for Renewal of the West Orange Narcotics Task Force Agreement between the Ocoee Police Department, the Winter Garden Police Department and the Orange County Sheriff’s Office AGENDA ITEM COVER SHEET Contact Name: Contact Number: S. Goclon X3127 Meeting Date: April 5, 2005 - Item # 5 ~~:~:~~?:irectar: ,4j/~.. Background Summary: This is the renewal of the agreement between the Ocoee Police Department, the Winter Garden Police Department and the Orange County Sheriffs Office establishing the purpose for the task force, jurisdictional boundaries, limitations on liabilities, and determines seized asset distribution amongst the participants. Issue: . Should the Honorable Mayor and Board of City Commissioners approve a renewal of the West Orange Narcotics Task Force Agreement between the Ocoee Police Department, the Winter Garden Police Department, and the Orange County Sheriff s Office. Recommendations It is recommended that the Honorable Mayor and Board of City Commissioners approve a renewal of the West Orange Narcotics Task Force Agreement between the Ocoee Police Department, the Winter Garden Police Department, and the Orange County Sheriff s Office. Attachments: West Orange Narcotics Task Force Agreement (hyperlinked) Financial Impact: Full time assignment of two police officers to the task force. Occasional seized illegal cash assets are directed to the Ocoee Police Department's forfeiture fund. Type of Item: (please mark with an "x') Public Hearing _ Ordinance First Reading Resolution _ 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 Reviewed by Finance Dept. Reviewed by ( ) N/A N/A N/A City Manae:er Robert Frank Commissioners Danny Howell. District 1 Scott Anderson. District 2 Rusty Johnson. District 3 Nancy J. Parker. District 4 Mayor S. Scott Vandere:rift STAFF REPORT TO: The Honorable Mavor and Citv Commissioners FROM: Steven J. Goclon, Chief of Police DATE: March 28, 2005 RE: West Orange Narcotics Task Force Agreement ISSUE Should the Honorable Mayor and Board of City Commissioners approve a renewal of the West Orange Narcotics Task Force Agreement between the Ocoee Police Department, the Winter Garden Police Department and the Orange County Sheriff s Office. BACKGROUNDIDISCUSSION Municipalities and legal entities have the authority under Florida State Statutes 23.12 through 23.127 "Florida Mutual aid Act" to enter into agreements. Previously, the Honorable Mayor and Board of City Commissioners approved an agreement between the Ocoee Police Department, the Winter Garden Police Department, and Orange County Sheriffs Office to form the West Orange Narcotics Task Force. The agreement establishes the purpose for the task force, jurisdictional boundaries, limitations on liabilities, and determines seized asset distribution amongst the participants. The agreement allows the member agencies to pool their resources and work as a unit to fight drug and vice crimes in West Orange County. The task force has provided drug and vice enforcement not previously possible in West Orange County, helping to improve the quality of life for law- abiding citizens. The current agreement expired December 31, 2004. The last two agreements have been renewed annually. Because of the task force's success and for the sake of administrative efficiency, the member agencies wish to renew the agreement through December 31, 2008. The agreement has been reviewed by Foley and Lardner. 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 ajoint 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: I. 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) swom law enforcement officers from its police department to participate in the WONTF. 3. The OCSO shall designate two (2) swom deputies, one (I) Sergeant and one (I) 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 unincorporated area west of Apopka Vineland Road that is bounded on the north and south by the Orange County line. 5. The officers proyided by the Cities shall be cross-s\Vom as Orange County deputies. Said deputization, and the authority it confers, shall be limited to actions consistent with applicable la\\-" 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-swom 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 OC50 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 and of the OCSO. In the event ofa conflict, OCSO policies and procedures shall prevail. 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, to the extent pern1itted by Florida Statute 768.28. 10. The Cities ackno\vledge 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 (whether or not those officers are deputized by the OCSO), 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. 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 Sheriff of Orange County, Florida, or his 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 participate in ensuring the officers return all OCSO equipment (e.g., badge, star, identification card). 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 incunoed in the operation and maintenance of that equipment. ') 14. This Agreement shall take effect on January 1,2005 and shall continue in full force and effect through December 3 1,2008. The term of this Agreement may be extended for a period of up to 120 days by written agreement executed prior to December 3 I. 2008 by the Sheri ff 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. This Agreement shall supersede all previous such agreements. 15. A party may terminate this Agreement for convenience upon delivery of written notice to the other parties. In the event of such a tennination, any and all property or equipment provided to the WONTF shall immediately be returned to the providing agency. The liability and workers compensation 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. The referring officer shall specifically identity it from the start as a WONTF case. OCSO policies and procedures for forfeiture shall control and be binding on all parties. 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. 17. After the OCSO deducts the costs associated with handling the forfeiture cases (e.g., filing fees, attorney time, auction costs), any and 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 andlor 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 fO/mula. 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 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 affinal 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. attomey's fees. or judgments. 3 19. Each party shall be responsible for investigating complaints, etc., against the officers in its employ assigned to the \VONTF and taking appropriate action (e.g., discipline). The parties shall inform of each other of all investigations and disciplinary actions pertaining to officers assigned to the WONTF, whether related to the task force or not. 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 fonn of relief against any party to this Agreement for operations or omissions hereunder. 22. 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. 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 Kevin Beary as Sheriff of Orange County, Florida Date: For use and reliance only by the Sheriff of Orange County, Florida. Approved as to form and legality this day of , 201 Bemadine Rice General Counsel 4 WINTER GARDEN POLlCE DEPARTMENT George Brennan as Chief of Police Date: APPROVED: CITY OF WINTER GARDEN, FLORlDA ATTEST: City Clerk For use and reliance only by the City of Winter Garden. Florida. Approved as to forn1 and legality this day of ,201 City Attorney 5 Jack Quesinberry Mayor APPROVED BY THE CITY COMMISSION OF THE CITY OF WINTER GARDEN, FLORIDA, AT A MEETING HELD ON UNDER AGENDA NO. CITY OF OCOEE SIGNATURE BLOCK WITHOUT WITNESSES AND WITHOUT NOTARY CITY. CITY OF OCOEE, FLORIDA By: S. Scott Vandergrift, Mayor ATTEST: Beth Eikenberry, City Clerk (SEAL) FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE, FLORIDA; APPROVED AS TO FORM AND LEGALITY this day of ,20_. APPROVED BY THE OCOEE CITY COMMISSION AT A MEETING HELD ON , 20_ UNDER AGENDA ITEM NO. FOLEY & LARDNER LLP By: City Attorney 006.237063.1