Loading...
VOLUNTARY COOPERATION MUTUAL AID AGREEMENT TO FORM A CHILD ABDUCTION RESPONSE TEAMVOLUNTARY COOPERATION MUTUAL AID AGREEMENT AMONG AGENCIES IN THE TAMPA BAY AREA AND THE FLORIDA DEPARTMENT OF LAW ENFORCEMENT TO FORM A CHILD ABDUCTION RESPONSE TEAM WHEREAS, the below subscribed law enforcement agencies have joined together in a multi-jurisdictional effort to rescue abducted children and under appropriate circumstances allocate their resources to missing/endangered children cases; and WHEREAS, the undersigned agencies are all participants in a multi-agency effort known collectively as the Tampa Bay Area Child Abduction Response Team (CART); and WHEREAS, the undersigned agencies agree to utilize applicable state and federal laws to prosecute criminal, civil, and forfeiture actions against identified violators, as appropriate; and WHEREAS, the undersigned agencies have the authority under Part 1, Chapter 23, Florida Statutes, "the Florida Mutual Aid Act," to enter into a voluntary agreement for cooperation and assistance of a routine law enforcement nature that crosses jurisdictional lines; and WHEREAS, the subscribing law enforcement agencies are so located in relation to each other that it is to the advantage of each to receive and extend mutual aid in the form of law enforcement services and resources to adequately respond to continuing, multi jurisdictional criminal activity, so as to protect the public peace and safety, and preserve the lives and property of the citizens; and WHEREAS, this agreement does not supersede, take the place of, or negate any other agreements entered into by the parties, other than any prior CART agreements, NOW THEREFORE, the parties agree as follows: As acknowledged by their execution of this Agreement, each of the undersigned law enforcement agencies approve, authorize and enter into this Agreement, subject to the terms and conditions noted herein, for the purposes and goals indicated. Parties To This Agreement: The Florida Department of Law Enforcement (FDLE) Hillsborough County Sheriffs Office Pinellas County Sheriffs Office Palk County Sheriffs Office Pasco County Sheriffs Office Hernando County Sheriffs Office Citrus County Sheriffs Office Sumter County Sheriff's Office Hardee County Sheriffs Office Tampa Police Department St. Petersburg Police Department Clearwater Police Department Lakeland Police Department Temple Terrace Police Department Pinellas Park Police Department Largo Police Department Plant City Police Department Treasure Island Police Department Gulfport Police Department Pinellas County Schools Campus Police Zephyrhills Police Department Brooksville Police Department New Port Richey Police Department Tarpon Springs Police Department Winter Haven Police Department Haines City Police Department Mulberry Police Department St. Pete Beach Police Department Dade City Police Department Additional parties may, at the request and with the approval of FDLE and the other Child Abduction Response Team members, enter into this Agreement at a later date 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 Florida Department of Law Enforcement. CHILD ABDUCTION RESPONSE TEAM PRIMARY GOAL AND STATEMENT OF COOPERATION TO BE RENDERED: The primary goal of the Child Abduction Response Team is to provide a pool of specialized investigators which are available to focus dedicated and intensive investigative, preventative, and general law enforcement efforts primarily with regard to cases involving abducted children. To provide for voluntary cooperation, each of the Child Abduction Response Team agencies hereby approve and enter into this agreement whereby each of the agencies may request and render law enforcement assistance to Child Abduction Response Team member agencies, or others, in dealing with any violations of law including, but not limited to, the investigation, arrest and prosecution of those involved in criminal child kidnapping, abduction, false imprisonment and similar or related violations (utilizing state and federal law and prosecutions, as appropriate): the rescue of the abducted child or children and the seizure and forfeiture of assets of those engaged in child abduction or otherwise supporting such activity (utilizing state and federal forfeiture options, as appropriate). Nothing herein shall otherwise limit the ability of participating Child Abduction Response Team members to provide, as provided by or allowed 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 Child Abduction Response Team efforts, with the operations of the Child Abduction Response Team being coordinated with FDLE and other agency members. JURISDICTION, PROCEDURES FOR REQUESTING ASSISTANCE, SUPERVISION: Jurisdiction: The principal site of the Tampa Bay Area Child Abduction Response Team activity shall be in the eight counties serviced by the FDLE Tampa Bay Regional Operations Center, to wit: Hillsborough, Pinellas, Pasco, Polk, Citrus, Sumter, Hernando, and Hardee. When engaged in Child Abduction Response Team operations that have been approved by the FDLE, as contemplated by this Agreement, Child Abduction Response Team members that do not otherwise have jurisdictional authority outside of their normal area of operations, shall enjoy full jurisdictional authority anywhere in the State of Florida, although principally focused within the above eight county region, with full power to enforce Florida laws and avail themselves of the provisions of this Agreement. Officers assigned to Child Abduction Response Team operations pursuant to this agreement shall be empowered to render enforcement assistance and take enforcement action in accordance with the law and the terms of this Agreement. Execution of this agreement and continued participation by FDLE and one or more Child Abduction Response Team member agencies shall constitute a general reciprocal, continuing request for and granting of assistance between the members of the Team that shall be considered authorized in accordance with the provisions of this Agreement. No additional or specific formal request for assistance is required. Child Abduction Response Team members operating outside the 2 jurisdiction of their respective Agencies shall not enjoy extra jurisdictional authority as law enforcement officers unless engaged in approved Child Abduction Response Team activities as stated herein. Pursuant to Section 23.127(1), Florida Statutes, employees and agents of the undersigned Agencies participating in the Child Abduction Response Team shall, when engaging in authorized mutual cooperation and assistance pursuant to this Agreement, have the same powers, duties, rights, privileges and immunities as if the employees were performing duties inside the political subdivision in which the employee is normally employed. Procedures for Requesting and Authorizing Assistance: Activities shall be considered authorized only when approved and directed as provided herein by an FDLE supervisor or FDLE designee. The CART will normally function as a force multiplier for the requesting agency, and the requesting agency will remain as the lead agency in overall control of the investigation, unless the requesting agency has formally asked that the CART, under FDLE supervision or other FDLE approved supervision, assume control of the investigation. The parties stipulate that in the event that a significant investigative or jurisdictional dispute should arise, the issue will immediately be forwarded to the relevant agency chief executives for resolution. If at anytime an FDLE supervisor or FDLE special agent designee determines that an extra-territorial Child Abduction Response Team operation pursuant to this agreement should be terminated, said operation is to be promptly terminated in a manner assuring the safety of all involved law enforcement officers. No Child Abduction Response Team member or agent shall engage in activities outside their normal jurisdictional territory, pursuant to the authority of this Agreement, that are not approved, are unreported or are otherwise unknown to the FDLE supervisor or FDLE designee and which are not documented as provided herein. The FDLE supervisor or FDLE designee shall maintain documentation that will demonstrate the daily participation of specific employees or agents provided by the Parties to this Agreement, including each operation's supervisor or designated leader. Such documentation will assist in memorializing which individuals had mutual aid authority pursuant to this Agreement for particular time periods. After consultation with other participating Child Abduction Response Team agencies, FDLE may request that a particular employee or agent of the Child Abduction Response Team no longer be allowed to participate in furtherance of this provision of the Agreement. Upon receiving the request, the employing Agency shall promptly terminate said person's participation in the activities contemplated by this provision of the Agreement. Upon the request of a participating agency that a sworn or support member of the FDLE no longer participate in the Child Abduction Response Team, FDLE shall, if otherwise in FDLE's best interest to do so, terminate said member's participation in the Child Abduction Response Team. With the approval of FDLE, a Party to this Agreement may otherwise add, substitute, reinstate, or replace any of its sworn or support employees participating in the Child Abduction Response Team. Whenever an operation occurs outside the territorial limits of the FDLE Tampa Bay Operations Center, an Assistant Special Agent in Charge (ASAC) for the FDLE office in the region affected shall be notified about the presence of Tampa Bay Area Child Abduction Response Team personnel in his or her region. Local law enforcement in the area of operation will be notified, as appropriate. Nothing herein shall otherwise limit the jurisdiction and powers normally possessed by an employee as a member of the employee's Agency. FORFEITURE ACTIONS ARISING FROM THIS AGREEMENT: Forfeiture actions based upon seizures made by the Child Abduction Response Team may be pursued in either state or federal actions. Actions shall be based upon current statutory and case law. Distribution of the proceeds shall be shared equally among the participating agencies, or as otherwise determined by written agreement. PROPERTY AND EVIDENCE: All property and evidence, including currency, seized in connection with state violations, pursuant to this Agreement, outside the regular jurisdictional boundaries of the Tampa Bay Area CART, but within Florida, shall be taken into custody and processed by an FDLE Special Agent in accordance with FDLE policy relating to the handling of property, evidence and currency. When such items are seized within the regular jurisdictional boundaries for the Tampa Bay Area CART, in connection with state violations, the items may be processed and maintained by the lead agency, an agency with jurisdiction or as otherwise agreed upon. If and when the investigation becomes a federal case or inquiry, any such property and evidence will be taken into custody and processed by the Federal Bureau of Investigation or be handled pursuant to their directions. LIABILITY AND COST-RELATED ISSUES: Each party engaging in any mutual cooperation and assistance pursuant to this Agreement agrees to assume its own liability and responsibility for the acts, omission, or conduct of such party's own employees while such employees are engaged in rendering such aid, cooperation and assistance pursuant to this Agreement, subject to the provisions of Section 768.28, Florida Statutes, where applicable, and subject to other relevant state and federal law. Each party to this Agreement agrees to furnish necessary personnel, property, police equipment, vehicles, resources and facilities to render services to each other party to this Agreement in order to affect the purposes of the Child Abduction Response Team and agrees to bear the cost of loss or damage to such equipment, vehicles, or property. 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. This provision shall not preclude necessary property or resources being purchased, funded, or provided by a participating party via the party's legally vested forfeiture funds, if otherwise authorized by law. Each Agency furnishing aid pursuant to this Agreement shall compensate its own employees during the time such aid is rendered and shall defray the actual expenses of its employees while they are rendering such aid, including any amounts, if legally applicable, that may be determined to be due for compensation due to personal injury or death while such employees are engaged in rendering such aid. 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 of an 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. This provision shall not preclude payment of compensation, including overtime compensation, for its personnel utilizing its legally vested forfeiture funds or other funding sources to the extent allowed by law. Each party agrees to maintain its own comprehensive general liability insurance, professional liability insurance, as required, and automotive liability insurance or to maintain a self-insuring fund for the term of this Agreement in the amounts determined by each party to adequately insure such party's liability assumed herein. But for Florida law enforcement officers, in no event shall such coverage be less than the state statutory waiver of sovereign immunity limits. If requested, each party agrees to provide the other parties with proof of the insurance or self-insurance required hereunder. Federal participants will be governed by applicable federal concerning the above liability issues. COMPLAINTS AGAINST CHILD ABDUCTION RESPONSE TEAM MEMBERS: Whenever a complaint has been lodged against state or local law enforcement CART members as a result of their Child Abduction Response Team efforts outside their normal jurisdictional boundaries, while acting pursuant to this Agreement, a designee of the FDLE shall ascertain at a minimum: The identity(ies) of the complainant(s) and an address where the complainant(s) may be contacted, the nature of the complaint, any supporting evidence or facts as may be available, including the names and addresses of witnesses to that which has been complained about, the identity(ies) of the Child Abduction Response Team participant(s) accused and the employing Agency(ies) of the participant(s) accused. FDLE will promptly provide to each such affected employing Agency the above information for administrative review and appropriate handling or disposition. Each affected employing Agency shall, upon completion of said review, notify FDLE of its findings and any actions taken. COPY TO EACH PARTICIPATING CHILD ABDUCTION RESPONSE TEAM MEMBER: When this Agreement is fully executed, a copy shall be provided to each Child Abduction Response Team member so that each member may be fully aware of the powers, limitations, and expectations applicable to Child Abduction Response Team members and operations. TERM OF AGREEMENT: This Agreement shall be effective as to the executing Parties upon execution by the member agencies of the Child Abduction Response Team and the FDLE. As each additional party executes this Agreement, it shall be effective as to the newly executing party. This Agreement may be duplicated for dissemination to all parties, and such duplicates shall be of the same force and effect as the original. Execution of this Agreement may be signified by each party properly signing a separate signature page, a copy of which shall be returned to, and maintained by, the Florida Department of Law Enforcement, Mutual Aid Coordinator, P.O. Box 1489, Tallahassee, Florida 32302-1489 with the original provided to the Special Agent in Charge, Florida Department of Law Enforcement, 4211 N. Lois Avenue, Tampa, Florida 33614. This Agreement shall replace any previous such Agreement and shall remain in full force as to all participating parties until December 31, 2012, unless terminated in writing by the FDLE as to all or as to individually affected parties. This agreement may be renewed, amended, or extended only in writing. Any party may withdraw from this Agreement upon providing written notice to FDLE and all other parties. Any written cancellation or extension shall be initially forwarded to the FDLE Tampa address noted above. In the event that a party agency has a change of Chief Executive Officer during the term of this Agreement, the party agency may continue participation in the CART for the term of this Agreement by having the new Chief Executive sign and submit a new signature page indicating the party agency's continued desire to participate in the CART. PAs you are aware, the Tampa Bay community benefits from the multi-agency effort known collectively as the Tampa Bay Regional Child Abduction Response Team (CART). CART is a multi-jurisdictional effort by the listed law enforcement agencies to locate and rescue abducted children and under appropriate circumstances allocate their resources as force multipliers for the primary investigative agency in appropriate missing/endangered children cases. A renewal of the CART Voluntary Cooperation Mutual Aid Agreement is sought when the agency chief executive officer changes and the particular law enforcement agency had previously been a member of CART. Attached you will find the existing CART Voluntary Cooperation Mutual Aid Agreement among agencies in the Tampa Bay Region and the Florida Department of Law Enforcement (FDLE) to form a Child Abduction Response Team (CART). This CART agreement is in force until December 31, 2012. Also attached is a signature page which must be signed by the chief executive officer of the agency who is authorized to contractually bind the agency. Please take a moment to review the CART Mutual Aid Agreement and if you chose to have your agency continue its participation with CART, please print and sign the signature page or use same as a guide for typing a signature page. If your jurisdiction requires additional signatures to bind the agency (e.g. mayor, city clerk upon council resolution, or similar) the signature form may be modified as necessary. Upon signing the signature page, you may send it, via mail, to: Florida Department of Law Enforcement Tampa Bay Regional Operations Center 4211 North Lois Avenue Tampa, Florida 33614 Attn: Special Agent Supervisor Rick Taveras or you may contact Administrative Staff Assistant Nanci Bender at (813) 878-7383 or nancibender fdle.state.fl.us to arrange for the signature page to be picked up. Once the signatures page is returned, you will be provided an executed copy for your records. Signature pages are added to the master Tampa Bay area CART Mutual Aid Agreement to signify acceptance and copies are sent the FDLE Mutual Aid office pursuant to the Florida Mutual Aid Act. Thank you in advance for your participation in this important initiative. Party's Acceptance of the Voluntary Cooperation Mutual Aid Agreement among the member Agencies of the Tampa Bay Area Child Abduction Response Team. Pursuant to F.S. 23.1225(3), this agreement may be entered into by a chief executive officer of the agency that 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 and any further evidence of authorization you wish to remain on file at FDLE along with this signature page. For the Clearwater Police Department Anthon Ho"a,?Xhief bf Police March 5 2010 Date Party's Acceptance of the Voluntary Cooperation Mutual Aid Agreement among the member Agencies of the Tampa Bay Area Child Abduction Response Team. 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 and any further evidence of authorization you wish to remai i ile at FDLE along with this signature page. For thglf loridwbepaiftment of Law Enforcement (FDLE): Gerald M. UMIM- Executive Dire or, Florida Department of Law Enforcement ` t Y Date b