Item 06 Approval of the West Orange Narcotics Task Force AgreementMeeting Date: April 5, 2021
Item #
Reviewed By: «
Contact Name: Deputy Chief C. McKinstry Department Director: Saimg . PIas;Qncia
Contact Number: 407-554-7192 City Manager: Rob Fran /;,/ .&'
Subject: Approval of the West Orange Narcotics Task Force Agreement
Background Summary:
The Ocoee Police Department wishes to enter into the West Orange Narcotics Task Force Agreement with the
Apopka Police Department, Winter Garden Police Department, and the Orange County Sheriff's Office. As
these law enforcement agencies are located in close relation to each other, this agreement is a benefit to each
participating agency. It creates an opportunity to jointly combat illegal narcotics and related criminal activity,
which often crosses jurisdictional boundaries. Many quality of life concerns brought forward by our residents
can be addressed by the combined efforts of the West Orange Narcotics Task Force as a force multiplier for
our Police Department.
Issue:
Should the Honorable Mayor and Board of City Commissioners approve the signing of the West Orange
Narcotics Task Force Agreement?
Recommendations
Staff respectfully recommends that the Honorable Mayor and Board of City Commissioners approve the West
Orange Narcotics Task Force Agreement.
Attachments:
West Orange Narcotics Task Force Agreement
Financial Impact:
There are no 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 X 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 Robin G. Drage 03/09/2022 N/A
Reviewed by Finance Dept. Rebecca Roberts 03/09/2022 N/A
Reviewed by () N/A
There are no new finical impacts to the City of Ocoee.
2
WEST ORANGE NARCOTICS TASK FORCE AGREEMENT
This West Orange Narcotics Task Force Agreement (hereinafter referred to as
AGREEMENT) is entered into by and between the City of Winter Garden (hereinafter
referred to as WINTER GARDEN), the City of Apopka (hereinafter referred to as
APOPKA), the City of Ocoee (hereinafter referred to as OCOEE) and John W. Mina, as
Sheriff of Orange County, Florida (hereinafter referred to as SHERIFF)(hereinafter
collectively referred to as the PARTIES).
WHEREAS, the PARTIES desire to implement and operate a joint task force (West
Orange Narcotics Task Force (hereinafter referred to as WONTF)) to combat illegal
narcotics and related criminal activity in or near WINTER GARDEN, APOPKA, and
OCOEE and the unincorporated areas of Orange County;
WHEREAS, WINTER GARDEN, APOPKA, and OCOEE wish to provide sworn
law enforcement officers to staff WONTF and the PARTIES will benefit from joint efforts
to combat illegal narcotics and related criminal activities, which often cross jurisdictional
lines; and
WHEREAS, participation in WONTF may require assigned WINTER GARDEN,
APOPKA, and OCOEE law enforcement officers to take law enforcement action outside
their jurisdictional limits; and
WHEREAS, WINTER GARDEN, APOPKA and OCOEE each have an
Operational Assistance and Voluntary Cooperation Agreement with the SHERIFF, which
requires requests for Mutual Aid to be in writing for specific events unless certain
circumstances present themselves; and
WHEREAS, the parties wish to allow for broader authority when WINTER
GARDEN, APOPKA, and OCOEE law enforcement task force officers are conducting
approved WONTF operations; and
NOW THEREFORE, in consideration of the mutual promises, covenants, and
conditions hereinafter contained, the PARTIES agree as follows:
Task Force Resources:
1. WINTER GARDEN shall designate a minimum of one (1) fall time sworn law
enforcement officer from the Winter Garden Police Department to participate in
WONTF.
2. APOPKA shall designate a minimum of one (1) full time sworn law enforcement
officer from the Apopka Police Department to participate in WONTF.
3. OCOEE shall designate a minimum of one (1) full time sworn law enforcement
officer from the Ocoee Police Department to participate in WONTF.
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4. SHERIFF shall designate two (2) full time deputy sheriffs, comprised of one (1)
sergeant and one (1) corporal, to assist and supervise the day-to-day operations of
WONTF.
5. WONTF shall be housed within SHERIFF'S facilities.
Task Force Responsibilities:
6. WONTF operations shall be primarily focused on the section of Orange County
that encompasses WINTER GARDEN, APOPKA, and OCOEE, and the
unincorporated area west of North Apopka Vineland Road that is bounded on the
north and south by the Orange County line.
7. SHERIFF'S supervisory personnel assigned to WONTF shall generate monthly
reports on WONTF activities for SHERIFF and the Chiefs of Police for WINTER
GARDEN, APOPKA, and OCOEE.
Cross Swearing:
8. Pursuant to §30.07, Fla.Stat., SHERIFF will swear in as Deputy Sheriffs those
officers assigned by WINTER GARDEN, APOPKA, and OCOEE to WONTF with
the following limitations:
a. The time limits of the deputization shall be from the time the officer is
officially sworn in as a Deputy Sheriff of Orange County until revolted or
rescinded.
b. The powers given to the officer shall be solely to aid SHERIFF in the
performance of his duties as the elected Sheriff of Orange County.
c. SHERIFF expressly reserves the right to revoke the officer's authority as an
Orange County Deputy Sheriff at any time with or without cause.
d. This deputization shall automatically rescind upon the officer's termination,
suspension, retirement or resignation from the employing agency, or having
their credentials suspended or revolted by the Criminal Justice Standards
and Training Commission.
e. This deputization shall automatically rescind upon the officer's
reassignment of duties from WONTF.
£ This deputization does not create any employment or contractual rights for
the assigned offrcer(s).
9. Assigned officers from WINTER GARDEN, APOPKA, and OCOEE shall comply
with their respective agency's policies and procedures as well as SHERIFF'S
policies and procedures. In case of a conflict between SHERIFF'S policy or
direction from a SHERIFF'S supervisor and the assigned officer's agency policy,
the assigned officer shall immediately refer the issue to the appropriate manager at
his or her agency for resolution. During the pendency of such a conflict referral,
the SHERIFF'S order(s) at issue shall be suspended.
10. Before an assigned officer may exercise any power, other than those related to
WONTF investigations, in the name of SHERIFF, except in case of an emergency
where his/her action is needed to prevent the loss of life or great damage to property,
the officer must receive the specific authority to do so from SHERIFF or his
designee. Any arrests made in the name of SHERIFF by the officer shall be
immediately reported on whatever forms are required by the Orange County
Sheriff's Office,
11. Under no circumstances will the officer exercise his/her powers as a Deputy Sheriff
of Orange County to initiate or further an investigation, not related to WONTF
investigations, beyond authorization of SHERIFF or his designee.
12. The powers given to the officer as a Deputy Sheriff of Orange County are strictly
limited to the time he/she is working (actual hours) in WONTF. The officer will
not have Deputy Sheriff power outside the actual time assigned to WONTF, except
as otherwise provided.
13. The officer shall not use his/her powers as a Deputy Sheriff of Orange County to
work off -duty employment.
14. The officer shall actively participate in WONTF operations. Failure to comply with
this requirement may result in the revocation of his/her deputization.
15. WINTER GARDEN, APOPKA, and OCOEE shall bear any liability arising from
acts undertaken or omissions by their assigned officer(s) while assigned to
WONTF. WINTER GARDEN, APOPKA, and OCOEE shall also bear the risk of
loss or damage to any equipment provided to their assigned officer(s). WINTER
GARDEN, APOPKA, and OCOEE are responsible for providing compensation and
benefits to their respective officers and employees assigned to 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.
Notwithstanding anything in this AGREEMENT to the contrary, the PARTIES do
not waive their respective sovereign immunity protections, and each entity
expressly reserves such rights.
Forfeitures:
16, The proposed seizure of any vessel, motor vehicle, aircraft, or other property
pursuant to the Florida Contraband Forfeiture Act during the performance of this
AGREEMENT shall be referred to SHERIFF'S Legal Services Section. The
referring officer shall specifically identify it from the start as a WONTF case. An
attorney with SHERIFF'S Legal Services Section shall determine if a forfeiture
action is appropriate in accordance with applicable law and SHERIFF'S policy.
SHERIFF'S 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. Upon the conclusion of a WONTF
forfeiture action, SHERIFF shall equitably share the net proceeds of any
forfeiture(s) initiated by WONTF based upon the percentage of total officers
assigned and working in WONTF by the participating agency. The net proceeds is
the value of the seized asset less any liens, filing fees, and litigation costs incurred
by SHERIFF in perfecting title to the seized asset.
17.If SHERIFF'S Legal Section declines to pursue a forfeiture of any property
presented as a WONTF case which could be lawfully seized in accordance with the
Florida Contraband Forfeiture Act, WINTER GARDEN, APOPKA, or OCOEE
may pursue a forfeiture action on its own or j ointly with the other. The city bringing
the forfeiture action hereunder shall be solely responsible for all costs and liabilities
associated with it. Any proceeds of such forfeiture action will be divided between
the parties who sought such action. SHERIFF, his deputies, 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.
Term, Termination, and Venue:
18. The term of this AGREEMENT is from the last day of all signatories below to
December 31, 2024. This AGREEMENT may be extended by written agreement
of all the PARTIES.
19. Any one of the PARTIES may terminate this AGREEMENT upon delivery of
written notice to the other PARTIES. If any one of the PARTIES 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 WONTF
shall be immediately returned to the providing agency. The provisions of
paragraphs 14 and 15 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.
Remainder of page intentionally left blank
SHERIFF OF ORANGE COUNTY
Date:
John W. Mina
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 , 202.
Assistant General Counsel
CITY OF WINTER GARDEN
Date:
Steve Graham
Chief of Police, Winter Garden
APPROVED:
CITY OF WINTER GARDEN, FLORIDA
ATTEST:
City Cleric 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
, 202 .
City Attorney
APOPKA POLICE DEPARTMENT
Michael L. McKinley
Chief of Police
ATTEST:
City Cleric
COMMISSION OF THE CITY OF
APOPKA, FLORIDA, AT A
MEETING HELD ON
Date:
APPROVED:
CITY OF APOPKA, FLORIDA
Bryan Nelson
Mayor
APPROVED BY THE CITY
UNDER AGENDA NO
FOR USE AND RELIANCE ONLY
BY THE CITY OF APOPKA,
FLORIDA. APPROVED AS TO
FORM AND LEGALITY THIS
DAY OF ,
202.
City Attorney
CITY OF OCOEE
Saima A. Plasencia
Chief of Police, Ocoee
APPROVED:
ATTEST:
City Clerk
Date:
CITY OF OCOEE, FLORIDA
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
, 202 .
City Attorney