HomeMy WebLinkAboutResolution_19-00/01_02/08/2001
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Basil E. Dalack
Geraldine Genco
Elizabeth A. Schauer
Sharon Walker
RESOLUTION NO. 19 - 00/O1
A RESOLUTION OF THE VILLAGE COUNCIL OF THE
VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA,
APPROVING A MUTUAL AID AGREEMENT BETWEEN THE
MARTIN COUNTY SHERIFF'S OFFICE AND THE VILLAGE OF
TEQUESTA, ESTABLISHING OPERATIONAL ASSISTANCE AND
VOLUNTARY COOPERATION ACROSS JURISDICTIONAL
LINES, AND AUTHORIZING THE VILLAGE MANAGER TO
EXECUTE THE SAME ON BEHALF OF THE VILLAGE.
NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF
THE VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, AS
FOLLOWS:
Section 1. The Mutual Aid Agreement between Martin
County Sheriff's Office and the Village of Tequesta
establishing operational assistance and voluntary
cooperation across jurisdictional lines, attached hereto
as exhibit "A", is hereby approved and the Village Manager
is hereby authorized to execute the same on behalf of the
Village of Tequesta.
THE FOREGOING RESOLUTION WAS OFFERED BY Councilmember
Da-look who moved its adoption. The
motion was seconded by Councilmember
Schauer and upon being put to vote,
the vote was as follows:
FOR ADOPTION
AGAINST ADOPTION
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The Mayor thereupon declared the Resolution duly passed
and adopted this ~.xa(,day of ~ A.D., 2001.
MAYOR OF TEQUESTA
_v ~~,~, ~
Jo eph N. Capre a
•
ATTEST:
J ann Mangani llo
Village Clerk
Word/Resolutions/Martin County Mutual Aid
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CXN~611'A•.
MUTUAL AID AGREEMENT
• COMBINED
OPERATIONAL ASSISTANCE AND VOLUNTARY COOPERATION
This Mutual Aid Agreement is entered into the I~~day of ~e g ti+~-U--~ 2 0 O 1 b y a n d
between the Martin County Office of the Sheriff ("Sheriff s Office"), and Village of Tequesta Police
Department ("Law Enforcement Department"), or reference to both as the "Agencies", to be as
follows:
WITNESSETH
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:
(1) Intensive situations including but not limited to emergencies as defined under Section
252.34, F.S.; and,
(2) Continuing, multi jurisdictional law enforcement problems, so at to protect the public
peace and safety, and preserve the lives and property of the people; and,
WHEREAS, The Sheriffs Office and the Law Enforcement Department have the authority under
• Section 23.1225, F.S., et seq., The Florida Mutual Aid Act, to enter into a combined Mutual Aid
Agreement for law enforcement service which:
(1) Permits voluntary cooperation and assistance of a routine law enforcement nature
across jurisdictional lines, and;
(2) Provides for rendering of assistance in a law enforcement emergency as defined in
Section 252.34, F.S.
NOW, THEREFORE, the Agencies agree as follows:
SECTION I: PROVISIONS FOR OPERATIONAL ASSISTANCE
Each the Sheriffs Office and the Law Enforcement Department hereby approve and enter into this
agreement whereby each of the agencies so represented may request and render law enforcement
assistance to the other to include but not necessarily be limited to dealing with: Civil Disturbances,
Large Protest Demonstrations, Aircraft Disasters, Fires, Natural or Man-Made Disasters, Sporting
Events, Concerts, Parades, Escapes from Detention Facilities, and Incidents Requiring Utilizations
of Specialized Units.
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SECTION II: PROVISIONS FOR VOLUNTARY COOPERATION
• Each the Sheriff s Office and the Law Enforcement Department hereby approve and enter into this
agreement whereby each the Sheriff s Office and the Law Enforcement Department may request and
render law enforcement assistance to the other in dealing with any violations of Florida Statutes to
include, but not necessarily be limited to: Investigating Homicides, Sex Offenses, Robberies,
Assaults, Burglaries, Larcenies, Gambling, Motor Vehicle Thefts, Drug Violations Pursuant to
Chapter 893, F.S., and in support of backup services during patrol activities, School Resource
Officers on Official Duty out of their jurisdiction, and Inter-Agency Task Forces and/or Joint
Investigations.
SECTION III: PROCEDURE FOR REQUESTING ASSISTANCE
A. In the event that a party to this agreement is in need of assistance as set forth above,
such party shall notify the agency or agencies from whom such assistance is required. The Sheriff
or his authorized designee, for the Sheriff s Office, and the Chief of Police or his or her authorized
designee as to the Law Enforcement Department, whose assistance is sought shall evaluate the
situation and his/her available resources, and will respond in a manner he/she deems appropriate.
B. The agency head in whose jurisdiction assistance is being rendered may determine
who is authorized to lend assistance inhis/her jurisdiction, for how long such assistance is authorized
and for what purpose such authority is granted. This authority maybe granted either verbally or in
writing as the particular situation dictates.
C. Should a sworn law enforcement officer be in another subscribed agency's jurisdiction
for matters of a routine nature, such as traveling through the jurisdiction on routine business,
attending a meeting, or transporting a prisoner, and a violation of Florida Statutes occurs in the
presence of that law enforcement officer, representing his/her respective agency, he/she shall be
empowered to render enforcement assistance and act in accordance with law. Should enforcement
action be taken, that law enforcement officer shall notify the agency having normal jurisdiction and
upon the latter's arrival, turn the situation over to them and offer any assistance requested including
but not limited to a follow-up written report documenting the event and the actions taken. This
provision so prescribed in this paragraph is not intended to grant general authority to conduct
investigations, serve warrants and/or subpoenas, but is intended to address critical, life-threatening
or public safety situations, prevent bodily injury to citizens, or secure apprehension of criminals
whom the law enforcement officer may encounter.
D. The agency head's decisions in these matters shall be final.
SECTION IV: COMMAND AND SUPERVISORY RESPONSIBILITY
The personnel and equipment that are assigned by the assisting agency head shall be under the
immediate command of a supervising officer designated by the assisting agency head. Such
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supervising officer shall be under the direct supervision and command of the agency head orhis/her
• designee of the department requesting assistance.
SECTION V: INDEMNIFICATION/LIABILITY
Each party engaging in any mutual cooperation and assistance, pursuant to this agreement, agrees
with respect to any suitor claim for damages resulting from any and all acts, omissions, or conduct
of such party's own employees occurring while engaging in rendering such aid pursuant to this
agreement, to hold harmless, defend and indemnify the other participating party and its appointees
or employees, and to assume full responsibility for same, subject to provisions of Section 768.28,
Florida Statutes, where applicable, and provided such party shall have control of the defense of any
suit or claim to which said duty to indemnify and assumption of responsibility applies.
SECTION VI: POWERS, PRIVILEGES, IMMUNITIES AND COSTS
A. Employees of each participating department when actually engaging in mutual
cooperation and assistance outside of their jurisdictional limits but inside the State of Florida, under
the terms of this agreement, shall, pursuant to the provisions of Section 23.127(1), F.S., have the
same powers, duties, rights, privileges and immunities as if the employee was performing duties
inside the employee's political subdivision in which normally employed.
B. Each party agrees to furnish necessary personnel, resources and facilities and to render
• services to each other party to the agreement as set forth above; provided however, that no party shall
be required to deplete unreasonably its own personnel, equipment, resources, facilities, and services
in furnishing such mutual aid.
C. Apolitical subdivision that furnishes equipment pursuant to this part 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.
D. The agency furnishing aid pursuant to this section shall compensate its
appointees/employees during the time such aid is rendered and shall defray the actual travel and
maintenance expenses of its employees while they are rendering such aid, including any amounts
paid or due for compensation due to personal injury or death while such employees are engaged in
rendering such assistance.
E. The privileges and immunities from liability, exemption from laws, ordinances and
rules, and all pension, insurance, relief, disability, workers' compensation, salary, 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 apply to the employee to the same degree,
manner, and extent while engaged in the performance of the employee's duties extraterritorially
under the provisions of this Mutual Aid Agreement. The provisions of this sections shall apply with
equal effect to paid, volunteer, and reserve employees.
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F. Nothing herein shall prevent the requesting agency from requesting supplemental
• appropriations from the governing authority having budgeting jurisdiction to reimburse the assisting
agency for any actual costs or expenses incurred by the assisting agency performing hereunder.
SECTION VII: SATISFACTORY PROOF OF INSURANCE
Each party shall provide satisfactory proof of liability insurance in an amount which is, in the
judgment of the governing body of that party, at least adequate to cover the risk to which that party
maybe exposed. Should the insurance coverage, however provided, of any party be cancelled or
undergo material change, that party shall notify all parties to this agreement of such change within
ten (10) days of receipt of notice or actual knowledge of such change.
SECTION VIII: REIMBURSEMENT FOR COSTS AND EXPENSES
A. The parties acknowledge and agree that with respect to any aid or services provided
pursuant to SECTION II: PROVISIONS FOR VOLUNTARY COOPERATION, there shall
be no reimbursement for costs or expenses incurred by the assisting agency. However, this provision
shall not be interpreted to prevent the requesting agency from agreeing in advance to pay for the
costs or expenses of the operation even if the assisting agency or its employees benefit therefrom.
B. The parties acknowledge and agree that with respect to any aid or services provided
pursuant to SECTION I: PROVISIONS FOR OPERATIONAL ASSISTANCE, the assisting
• agency shall be entitled to reimbursement for investigative expenses including, but not limited to,
car rentals, hotel rentals or other incidental expenses reasonably incurred by the assisting agency in
providing operational assistance. Reimbursable expenses under this section does not include
compensation to employees or overtime pay. If investigative expenses are to be incurred by the
assisting agency under this subsection the assisting agency shall first obtain the prior written
authorization from the requesting agency which shall ultimately bear the investigative expenses.
SECTION IX: FORFEITURES OR OTHER RECOVERIES
In response situations where forfeiture of seized property is likely the parties shall endeavor
to agree in advance to an equitable sharing of all proceeds. If advance arrangements cannot be made,
the proceeds shall be equitably distributed in a manner reflective of the time, manpower and
resources contributed by each agency. Proceeds shall be defined as the amount of money or property
existing after the forfeiting agency's costs and legal expenses have been paid.
SECTION X: LOST OR ABANDONED PROPERTY
Should any lost property, abandoned property, or unclaimed evidence, as those terms are
defined by law, be found, located or seized by either party during the performance of this Agreement,
both parties further agree to dispose of said property through public sale or auctions, the net proceeds
of which shall be equally distributed between the agencies participating in the Agreement.
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Individual exceptions to this disposal procedure may occur with mutual written consent of both
• parties.
SECTION XI: EFFECTIVE DATE
This agreement shall take effect upon execution and approval by the hereinafter named officials and
shall continue in full force and effect until December 1, 2005. Under no circumstances may this
agreement be renewed, amended, or extended except in writing.
SECTION XII: CANCELLATION
Any party may cancel their participation in this agreement upon delivery of written notice to the
other parties. Cancellation will be at the direction of any subscribing party.
END OF TEXT
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•
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IN WITNESS WHEREOF, the parties hereto cause these presents to be signed on the date
specified.
Signed, sealed and delivered
in the presence of:
Witness as to Sheriff
Witness as to Sheriff
~~ ~
Sherif J s Attorn y Re '
Witness as to Chief of Police ~~
~-
Witness as to Chief of Police
llage Attorne Review
Office of the S riff of M rti County,
Flor' ~~
,,'i[.~
By:
obert L. Crowder, Sheriff
Law Enforcement Department
By: ~~--. C~,2~~...
Stephen Allison, Chief of Police
C~~ -ice • o i (date)
Village of Tequesta
By: -~
Michael Couzzo, Vi a ger
c'r~Y. ~~'~ ~'/ (date)
154729.2
6
Robert L. Crowder
~5~ertf~
March 1, 2001
•
•
Chief Stephen Allison
Tequesta Police Department
357 Tequesta Drive
Tequesta, Fierida 334t5~
(1~ffi~e ~f #~~ ~5~~rtff
Martin County, Florida
(561) 220-7000 FAX (561) 220-7015
RE: MUTUAL AID AGREEMENT BETWEEN THE OFFICE OF THE SHERIFF
AND THE VILLAGE OF TEQUESTA
Dear Ch~f Allison:
Pursuant to Section VII of our recently entered Mutual Aid Agreement, I have enclosed for your
review a copy of our Law Enforcement and Public Officials Liability Insurance Declarations.
If you have any questions concerning this or other issues of mutual concern, please do not
hesitate to give me a call.
Sincerely,
Robert L. Crowder, Sheriff
David A. Dees, 1vla~o -
Director of Administration
DAD/ps
Enclosures
IIIUIUTAId.ICq
MAILING ADDRESS: CIVIL DEPARTMENT ADDRESS: ,~ l ADMINISTRATIVE COMPLEX:
800 SE MONTEREY ROAD ~' 100 EAST OCEAN BOULEVARD Mt' EA 800 SE MONTEREY ROAD
STUART, FL 34994-4599 STUART, FL 34994 STUART, FL 34994-4599
FLORIDA SHERIFFS' SELF-INSURANCE FUND
Administered By: Hunt Insurance Group, Inc.
P.O. Box 12909, Tallahassee, FL 32317-2909
(850) 385-3636 / (800) 763-4868
LAW ENFORCEMENT LIABILITY
COVERAGE DECLARATIONS
Certificate Number: OOP-43-78
COVERED MEMBER: Martin County Sheriffs Office
PRINCIPAL ADDRESS: 800 S.E. Monterey Road, Stuart, FL 34994-1987
EFFECTIVE DATE: October 1, 2000 EXPIRATION DATE: October 1, 2001
COVERED SINCE: October 1, 1978 r~EiNSURANCE RETROACTIVE DAi ES:
FIRST MILLION: October 1, 1985
SECOND MILLION: October 1, 1988
THIS DECLARATIONS PAGE IS ISSUED TO THE PARTICIPATING SHERIFF AND SHERIFF'S DEPARTMENT OR OFFICE
COVERED HEREUNDER, AND TO IDENTIFY THE PERIOD OF COVERAGE AFFORDED. ALL TERMS, LIMITS, DEFINITIONS,
REGULATIONS, CONDITIONS, EXCLUSIONS, AND LIMITATIONS OF THE APPLICABLE SELF-INSURANCE AGREEMENT
WHICH ACTUALLY AFFORDS COVERAGE BY VIRTUE OF PARTICIPATION IN THIS SELF-INSURANCE FUND BY THIS
PARTICIPATING SHERIFF APPLIES. THIS CERTIFICATE DOES NOT INCREASE, AMEND, OR MODIFY THE COVERAGE
OTHERWISE PROVIDED UNDER THE APPLICABLE SELF-INSURANCE FUND AGREEMENT ATTACHED HERETO. THE
LIMITS SET FORTH UNDER THIS AGREEMENT APPLY ONLY TO THE EXTENT THAT EXCESS LIMITS ARE COLLECTABLE
FROM REINSURERS COVERING THIS AGREEMENT. INCONSIDERATION OF THE PAYMENT OF THE CONTRIBUTION AND
IN RELIANCE UPON THE STATEMENT IN THE DECLARATIONS AND THE APPLICATION FOR COVERAGE HEREUNDER
AND SUBJECT TO THE INSURANCE AGREEMENTS, DEFINITIONS, EXCLUSIONS, AND CONDITIONS OF THIS SELF-
INSURANCE AGREEMENT, THE LIMITS OF LIABILITY AFFORDED FOR THE APPLICABLE PERIOD OF COVERAGE ARE
AS FOLLOWS:
$3,100,000 Any One Person
$3,200,000 Any One Incident or Occurrence
$3,500,000 Annual Aggregate Per Member*
*Subject to aggregate limit from reinsurers hereon: $12,000,000
High Hazard: 370 ~ $868 = $321,160.00
Dogs: 4 @ $868 = $3,472.00
Medium Hazard: 125 Cam? $502 = $62,750.00
Low Hazard: 119 C~ $247 = $29,393.00
Volunteers/Citizen Patrols: 12 ~ $85 = $1,020.00
Subtotal $417,795.00
Loss Experience Factor X $1.00
TOTAL ANNUAL CONTRIBUTION $438,685.00
SIGNED:
Hunt Insu ce Gr up, Inc., ministrator
FLORIDA SHERIFFS' SELF-INSURANCE FUND
Administered By: Hunt Insurance Group, Inc.
P.O. Box 12909, Tallahassee, FL 32317-2909
(850) 385-3636 / (800) 763868
PUBLIC OFFICIALS LIABILITY COVERAGE DECLARATIONS
Certificate Number: 01 P-43-78
COVERED MEMBER: Martin County Sheriff's Office
PRINCIPAL ADDRESS: 800 S.E. Monterey Road, Stuart, FL 34994-1987
EFFECTIVE DATE: October 1, 2000 EXPIRATION DATE: October 1, 2001
REINSURANCE RETROACTIVE DATE: October 1, 1992
THIS DECLARATIONS PAGE IS ISSUED TO THE PARTICIPATING SHERIFF AND SHERIFF'S DEPARTMENT OR OFFICE
COVERED HEREUNDER, AND TO IDENTIFY THE PERIOD OF COVERAGE AFFORDED. ALL TERMS, LIMITS, DEFINITIONS,
REGULATIONS, CONDITIONS, EXCLUSIONS, AND LIMITATIONS OF THE APPLICABLE SELF-INSURANCE AGREEMENT
WHICH ACTUALLY AFFORDS COVERAGE BY VIRTUE OF PARTICIPATION IN THIS SELF-INSURANCE FUND BY THIS
PARTICIPATING SHERIFF APPLIES. THIS CERTIFICATE DOES NOT INCREASE, AMEND, OR MODIFY THE COVERAGE
OTHERWISE PROVIDED UNDER THE APPLICABLE SELF-INSURANCE FUND AGREEMENT ATTACHED HERETO. THE
LIMITS SET FORTH UNDER THIS AGREEMENT APPLY ONLY TO THE EXTENT THAT EXCESS LIMITS ARE COLLECTABLE
FROM REINSURERS COVERING THIS AGREEMENT.IN CONSIDERATION OF THE PAYMENT OF THE CONTRIBUTION AND
IN RELIANCE UPON THE STATEMENT IN THE DECLARATIONS AND THE APPLICATION FOR COVERAGE HEREUNDER
AND SUBJECT TO THE INSURANCE AGREEMENTS, DEFINITIONS, EXCLUSIONS, AND CONDITIONS OF THIS SELF-
INSURANCE AGREEMENT, THE LIMITS OF LIABILITY AFFORDED FOR THE APPLICABLE PERIOD OF COVERAGE AREAS
FOLLOWS:
$3,100,000 Any One Claim, Incident, or Occurrence
$3,300,000 Annual Aggregate Per Member'`
'Subject to aggregate limit from reinsurers hereon: $10,000,000
Total Annual Contribution Included in Law Enforcement Liability Contribution
SIGNED:
Hunt Insu ce Group, Inc., ministrator