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08-16 RESOLUTION NO. 08-16 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA, AUTHORIZING THE CHIEF OF POLICE TO EXECUTE THE "MULTI-AGENCY VOLUNTARY COOPERATION MUTUAL AID AGREEMENT" CONCERNING THE TAMPA BAY AREA ONLINE CHILD PROTECTION TASK FORCE; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Clearwater pursuant to Section 23.1225(1 )(a), Florida Statutes, is desirous of entering into an agreement that allows voluntary cooperation and assistance of a routine law enforcement nature across jurisdictional lines by and among participating law enforcement agencies for the purpose of combating the sexual exploitation of children by users of the Internet; and WHEREAS, the City of Clearwater has deemed it to be in the best interests of its citizens to enter into the "Multi-Agency Voluntary Cooperation Mutual Aid Agreement"; and WHEREAS, Section 23.1225(3), Florida Statutes, states that the chief executive officer of a law enforcement agency may enter into a Mutual Aid Agreement when the chief executive officer is authorized to contractually bind the agency; now therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The City Council hereby authorizes the Chief of Police on behalf of the Clearwater Police Department to execute the "Multi-Agency Voluntary Cooperation Mutual Aid Agreement," a copy of which is attached hereto, between the City of Clearwater and the other participating law enforcement agencies. Section 2. This resolution shall take effect immediately upon adoption. Approved as to form: PASSED AND ADOPTED this 7 th day of August , 2008. 4~~~ ~ Frank V. Hibbard Mayor Robert J. S rette Assistant ity Attorney ~ TAMPA BAY AREA ONLINE CHILD PROTECTION TASK FORCE MULTI-AGENCY VOLUNTARY COOPERATION MUTUAL AID AGREEMENT WHEREAS, the below subscribed law enforcement agencies within the State of Florida have joined together in this agreement (hereinafter "Agreement") to combat the online sexual exploitation of children, the manufacture and distribution of child pornography, and other criminal violations related to persons and organizations engaged in the sexual exploitation of children; and WHEREAS, the undersigned agencies agree to utilize applicable state and federal laws to investigate and prosecute criminal, civil, and forfeiture actions against identified violators, as appropriate; and WHEREAS, the undersigned agencies have the authority under Part I, Chapter 23, Florida State Statutes, ''the Florida Mutual Aid Act", to enter into a voluntary Agreement for cooperation and assistance of routine law enforcement duties that cross jurisdictional lines; WHEREAS, the undersigned agencies acknowledge that more efficient use of their respective powers and resources can be made when combined and will thereby provide a higher quality of law enforcement services to the public through the coordination of members of the undersigned agencies; NOW THEREFORE, the parties agree as follows: Each of the undersigned law enforcement agencies approve, authorize and enter into this Agreement at the request of the Office of the Attorney General Child Predator CyberCrime Unit (hereinafter "CPCU") for the purpose of accomplishing the goals and objectives contained herein. Parties To This Agreement: Office of the Attorney General Child Predator CyberCrime Unit Other Agencies as evidenced by their attached authorized signature pagers) Parties may, with the approval of the Office of the Attorney General's CPCU, enter into this Agreement as evidenced by their signing of this Agreement. Any party may cancel its participation in this Agreement upon delivery of written notice of cancellation to the Director of the Office of the Attorney General's CPCU. Intent Statement, Goals and Provisions for Voluntary Cooperation: It is the intention of the Office of the Attorney General's CPCU to establish this multi~agency mechanism by which area law enforcement agencies can dedicate resources for the purpose of targeting internet crimes against children offenders, along with their associated distribution organizations. The principal purpose of this multi-agency agreement shall be the successful prosecution of violators of the internet crimes against children laws, with particular emphasis placed on efforts designed to identify and dismantle organized criminal enterprises. Furthermore, emphasis shall be placed on targeting violators that commit criminal acts in multiple jurisdictions and/or multiple judicial circuits. Enforcement efforts shall include, but are not limited to, undercover operations designed to detect illegal internet crimes against children activity, including but not limited to violations of Chapter 847 and Chapter 827, Florida Statutes; the arrest and prosecution of those involved; the forfeiture of assets from those engaged in such activity; and the referral of investigative leads and intelligence to such other federal, state or local law enforcement authorizes as may be required and appropriate under this agreement. While the seizure and civil forfeiture of assets is an effective tool in combating organized criminal activity, the seizure and forfeiture of assets shall not take priority over the primary function, which shall be to enforce criminal law violations. Nothing herein shall otherwise limit the ability of participating members to provide, as provided by or allowable by law, such assistance in any enforcement action as may be lawfully requested by a law enforcement officer having jurisdiction over an incident, crime or matter under consideration. The parties to this Agreement are contributing personnel and resources in support of the internet crimes against children enforcement efforts, with the operations being coordinated by the Office of the Attorney General's CPCU. The Ofiice of the Attorney General's CPCU Prosecutor will be involved in investigative review and provide guidance when appropriate to ensure successful prosecution of a case. Additionally, the CPCU Prosecutor will determine whether cases resulting from internet crimes against children investigation shall be prosecuted in state court, or whether an individual case would be best resolved through referral to the United States Attorney for consideration of federal prosecution. Should the participating agency disagree with the initial venue determination made by the Office of the Attorney General's CPCU Prosecutor, said agency supervisor should consult with the Office of the Attorney General's CPCU Prosecutor, on an individual case basis, for reconsideration and final decision. Final determination will rest with the Office of the Attorney General's CPCU Prosecutor. Jurisdiction: Members shall enjoy full jurisdictional authority and statewide arrest authority anywhere within the State of Florida, with full power to enforce Florida laws and avail themselves of the provisions of this Agreement when engaged in internet crimes against children operations that have been approved by, and initiated through the Office of the Attorney General's CPCU as contemplated by the Agreement. Members operating outside the jurisdiction of their Agency shall not enjoy extra-jurisdictional authority as a law enforcement officer unless approved in advance by the supervising Lieutenant or the Chief of Law Enforcement of the Office of the Attorney General's CPCU. At no time, will members operating outside the jurisdiction of their Agency execute a search warrant or make an arrest unless accompanied by a sworn law enforcement member of the Office of the Attorney General's CPCU and with the approval of the supervising Lieutenant, Captain, or the Chief of Law Enforcement of the Office of the Attorney General's CPCU. The Parties to this Agreement recognize that any extension of jurisdictional authority beyond the bounds of their employing Agency is by reason of this Agreement and the overall supervision and authority of the Attorney General's CPCU as provided by the "Florida Mutual Aid Act" Pursuant to Section 23.127(1), Florida Statutes. Designated employees of the undersigned Agencies participating under this Agreement shall, when engaging in authorized mutual cooperation and assistance pursuant to this Agreement, have the same obligations, powers, duties, rights, privileges and immunities as if the employee were performing duties inside the political subdivision in which the employee in normally employed. Activities shall be considered authorized only when approved and actually directed as provided herein by the Office of the Attorney General's CPCU. No extension of jurisdiction or authority is granted by this Agreement for law enforcement activities unless they are approved and supervised as provided herein and are internet crimes against children operations or have been encountered directly incident to an approved Office of the Attorney General's CPCU, internet crimes against children operation. If a conflict arises between an order or direction provided by the Office of the Attorney General's CPCU member and a member's employing Agency's rules, standards, or policies, the conflict shall be promptly reported to the Office of the Attorney General's CPCU supervisor, and to the supervisor in the member's agency chain of command. The Office of the Attorney General's CPCU supervisor, in conjunction with the member's agency supervisor, shall attempt to resolve the conflict in a manner that will allow the internet crimes against children operation to continue appropriately. At no time will a participating member be forced to violate his/her own agency's policies or rules to carry out an internet crimes against children initiative. The parties to this Agreement may, by a written memorandum of understanding or written attachment to this Agreement, identify or further define particular guidelines, policies, or procedures to be utilized by members when engaged in internet crimes against children operations. In the absence of written memorandum of understanding or attachments, the policies and procedures to be utilized shall be those policies and procedures of the Office of the Attorney General Child Predator CyberCrime Unit. However, as stated above, no member will be expected to violate or otherwise fail to maintain the member's employing Agency's standards of conduct, rules or policies. Powers, Privileges, Costs and Liability-Related Issues: Employees of the participating agencies, when actually engaging in mutual cooperation and assistance outside of their jurisdictional limits but inside the state, while in the company of an Office of the Attorney General Child Predator CyberCrime Unit sworn law enforcement member, under the terms of this agreement, shall, pursuant to the provisions of section 23.127(1), Florida Statutes, have the same powers, duties, rights, privileges and innnunities as if the employee was performing duties inside the employee's political subdivision in which normally employed. An agency that furnishes 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. Each member agency engaging in internet crimes against children initiatives pursuant to this Agreement agrees to assume its own liability and responsibility for the acts, omissions, or conduct of such Party's own employee while such employees are engaged in internet crimes against children activities/initiatives, and shall remain responsible for the compensation, retirement, workers compensation and other benefits accruing to the benefit of said participating employees, as further discussed below: The Office of the Attorney General Child Predator CyberCrime Unit will provide a secure work area, for each member to conduct internet crimes against children initiatives in accordance with existing guidelines established by the Office of the Attorney General Child Predator CyberCrime Unit. The Office of the Attorney General Child Predator CyberCrime Unit will also provide the necessary covert internet connection to conduct internet crimes against children initiatives and each party to this Agreement will be subject to and abide by the undercover computer policies of CPCV and ICAC policies. Any failure to comply with those policies will void this Agreement and the member agency will be terminated from the CPCU Taskforce. Each party to this Agreement agrees to furnish necessary personnel, property, police equipment, including suitable computers for use in conducting covert internet crimes against children initiatives, including vehicles and resources in order to effect the purpose of the internet crimes against children investigative activities, and agrees to bear the cost of loss or damage to its equipment, vehicles or property so provided. Parties understand and agree that they will be responsible for their own liability and bear their own costs with regard to their property and resources, or personnel expenses incurred by reason of death, injury or incidents giving rise to liability. Each Agency furnishing services pursuant to this Agreement shall compensate its employees during the time such services are rendered and shall defray the actual expenses of its employees while they are rendering such services, including any amounts paid or due for compensation due to personal injury or death while such employees are engaged in rendering such services. The privileges and immunities from liability, exemption from laws, ordinances, and rules, and all pension, insurance, relief, disability workers' compensation, salary (including overtime compensation or compensatory time), death and other benefits that apply to the activity of an employee's Agency when performing the employee's duties within the territorial limits of the employee's Agency shall apply to the employee to the same degree, manner, and extent while such employee acts under this Agreement. The provisions of this section shall apply with equal effect to paid, volunteer, and auxiliary employees. Nothing in this agreement is intended or is to be construed as any transfer or contracting away of the powers or functions of one party hereto to the other. Property Seizure and Forfeiture Considerations: No funds or other property seized during the internet crimes against children operations are to be utilized by any member agency prior to successful forfeiture or until the title or interest in the funds otherwise lawfully vests in one of more member agencies. Forfeiture actions based upon seizures made by members shall be based upon current statutory and case law. The Parties agree that the Sheriff of the county wherein the seizure occurs, or the Office of the Attorney General, through its attorneys, will be primarily responsible under this Agreement for pursuing all forfeiture actions on behalf of all Parties in state court, subject to their right to reimbursement of associated costs; however, this provision shall not preclude the use of other forfeiture attorneys or personnel as needed on particular matters. nor shall it preclude the adoption of said seizures for federal forfeiture proceedings when deemed appropriate. Distribution of the proceeds from successful forfeiture actions shall be equitable among the Parties to this Agreement and participating in the operation associated with the seized and forfeited items and shall take into account their relative roles in support of the efforts unless an alternative distribution allocation among the Parties has been agreed upon. Any Party to this agreement or any prosecutor handling the criminal prosecution of internet crimes against children cases may request copies of forfeiture complaints and pleadings filed by reason of internet crimes against children seizures, and such copies shall be promptly provided to the requestor. If any legal dispute or concern as to the form or sufficiency of forfeiture actions or other action proposing to vest the interest of member agency (ies) in seized cash or property is raised by any of the Parties to the Agreement, an attempt to resolve the issue through informal discussion and contacts shall be made. In the event any Party to this Agreement believes that there is no legal sufficiency upon which to pursue the forfeiture of particular seized cash or property, and concerns cannot be resolved, no forfeiture action is to be filed. All options available to state and local law enforcement agencies with regard to unclaimed evidence or abandoned property, gifts and plea agreements are available, provided the property under consideration otherwise qualifies under law for such consideration. Forfeiture actions shall be further governed by terms and conditions described in Section 932.704(11)(a), Florida Statutes. Evidence and Records: The Parties agree that reports and records shall be maintained in accordance with the policies and guidelines established by the Attorney General's CPCU and will utilize the CPCU case tracking and evidence database. This will not restrict member agencies from utilizing their agencies current case reporting mechanism in documenting investigative reports as dictated by agency policy. Evidence shall be seized in accordance with each member's agency guidelines and all evidence seized in internet crimes against children operations shall be maintained by the participating local agency in whose jurisdiction the evidence was initially seized. The Office of the Attorney General's CPCU may at any time order a review and audit by the Office of the Attorney General Inspector General's Office, of operations with regard to the seizure and handling of all evidence, property, or cash or any other aspect of internet crimes against children operations. The Parties agree to cooperate in any such audit by allowing full access to documents, personnel and facilities to perform the audit function. Terms of Agreement: This Agreement shall become effective as to the executing Parties upon execution by the Director of the Office of the Attorney General's CPCU and at least one other participating Agency. As each additional Party executes this Agreement, it shall be effective as to the newly executing Party. ~.. . This Agreement shall remain in fun force as to all participating Parties until December 31 , 2011, unless canceled in writing by the Director or Chief of Law Enforcement of the Office of the Attorney General's CPCU, or as canceled in writing by an individual Party as provided herein. This Agreement may be duplicated for dissemination to all Parties and such duplication shall be of the same force and effect as the original. Execution of this Agreement may be signified by properly signing a separate signature page, the original of which shall be returned to, and maintained by, the Chief of Law Enforcement, Office of the Attorney General's CPCU, 1300 Riverplace Blvd, Suite 405, Jacksonville, FL 32207. Under no circumstances may this Agreement be renewed, amended, or extended except in writing. . . A2encv Sienature Pa2e Party's Acceptance of the Voluntary Cooperation Mutual Aid Agreement to Combat Internet Crimes Against Children Pursuant to F.S. 23.1225(3), this agreement may be entered into by a chief executive officer of the Agency who is authorized to contractually bind the agency. By signing below, an indication of such authorization is being made. Any signatory may attach to this signature page any further evidence of authorization you wish to remain on file at the Office of the Attorney General's CPCU along with this signature page. ..............................................................................~ For the (Agency) (Signature) (See Resolution 08-16, attached hereto, authorizing this signature) (Printed Name) (Title) (Date)