HomeMy WebLinkAboutDocumentation_Regular_Tab 09_04/09/2009
1. VILLAGE COUNCIL MEETING:
VILLAGE OF TEQUESTA
AGENDA ITEM TRANSMITTAL FORM
Meeting Date:
April 9, 2009 Meeting Type: Regular Ordinance #: N/A
Consent Agenda: Yes Resolution #: N/A
Originating Department: Police
2. AGENDA ITEM TITLE: (Wording form the SUBJECT line of your staff report)
Mutual Aid Agreement between the Village of Tequesta and Martin County Sheriff's Office
3. BUDGET /FINANCIAL IMPACT:
Account #: N/A Amount of this item: N/A
Current Budgeted Amount Available:
N/A Amount Remaining after item:
N/A
Budget Transfer Required: No Appropriate Fund Balance: No
4. EXECUTIVE SUMMARY OF MAJOR ISSUES: (This is a snap shot description of the agenda item)
A mutual aid agreement between the Village of Tequesta and the Martin County Sheriff's Office that permits
voluntary cooperation and assistance of a routine law enforcement nature across jurisdictional lines and
provides for rendering of assistance in a law enforcement emergency as defined in Section 252.34, Florida
Statutes.
5. APPROVALS:
Dept. Head: Finance Director: ~,~ t.c
Attorney: (for legal sufficiency) Keith Davis, Esg Yes ^ No ^
Village Manager: ,~°J-~- Y~ -~
• SUBMIT FOR COUNCIL DISCUSSION:
• APPROVE ITEM:
• DENY ITEM: ^
~~o~ESrq TEQUESTA POLICE DEPARTMENT
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To: Michael R. Couzzo, Jr.
Village Manager
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From: Chief William McCollo
Date: March 18, 2009
Subject: MARTIN COUNTY SHERIFF'S OFFICE MUTUAL AID AGREEMENT
Attached for your consideration is an Agenda item, a Mutual Aid Agreement to be
executed between the Martin County Sheriff's Office (MCSO) and the Village of
Tequesta Police Department, for the April 9, 2009 Council Meeting.
On occasion, the Tequesta Police Department requires the assistance of Martin
County to ensure law enforcement services to the citizen of Tequesta. It is also true
that occasionally Martin County requests our response within their jurisdiction.
Because of our close proximity to Martin County, this reciprocal agreement is
beneficial to the Village of Tequesta.
The Agreement has been reviewed by our attorney, Keith Davis, and has been
found to be legally sufficient and in proper form.
I respectfully request that the Council approve the Agreement to ensure there is no
interruption of service to our community.
Tequesta Police Department
Memorandum
McCollom, William
From: keith W. Davis [keith@corbettandwhite.com]
Sent: Wednesday, March 11, 2009 2:38 PM
To: McCollom, William
Subject: FW: MCSO and Tequesta MAA
Attachments: tequesta MAA.doc
Chief:
After speaking with Mr. Nolan at MCSO, the attached is in acceptable form. Thanks.
Keith W. Davis, Esq.
Corbett and White, P.A.
Tel: (561) 586-7116
From: Terence Nolan [mailto:tnolan@sheriff.martin.fl.us]
Sent: Wednesday, March 11, 2009 12:49 PM
To: keith@corbettandwhite.com
Cc: Ricciardi, Donald
Subject: MCSO and Tequesta MAA
Dear Mr. Davis,
The attachment reflects the changes to the Mutual Assistance Agreement which we discussed today.
The next step is the execution of the Agreement. I have spoken to Captain Ricciardi, at Tequesta P.D. We believe the
best process would be for you to execute three (3) copies of the Agreement and then forward them to Captain Ricciardi.
He will arrange for the remaining Tequesta signatures to be executed. Then he will forward the copies to me and I will
arrange for the MCSO signatures to be executed.
I will then forward an original copy to FDLE and return an original to Tequesta.
Thank you for your assistance in this matter. If I can be of any further assistance to you, please do no hesitate to call me
at your convenience.
Terence E. Nolan, Esq.
Legal Advisor
Martin County Sheriffs Office
800 S.E. Monterey Road
Stuart, Florida 34994
(772) 320-4768
(772) 220-7043 fax
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MARTIN COUNTY SHERIFF'S OFFICE
AND
THE VILLAGE OF TEQUESTA POLICE DEPARTMENT
OPERATIONAL ASSISTANCE AND VOLUNTARY COOPERATION
MUTUAL AID AGREEMENT
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 Sections 252.34, Florida Statutes, and
(2) Continuing, multi jurisdictional law enforcement problems, so as to
protect the public peace and safety and preserve the lives and property of
the people; and,
WHEREAS, the subscribing Law Enforcement Agencies have the authority under
Section 23.1225, Florida Statutes, et seq., The Florida Mutual Aid Act, to enter into a
combined Mutual Aid Agreement (Agreement) for law enforcement services 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, Florida Statutes.
NOW, THEREFORE, the Agencies agree as follows:
SECTION I: PROVISIONS FOR OPERATIONAL ASSISTANCE
Each of the subscribed Law Enforcement Agencies hereby approves and enters into this
agreement whereby each of the agencies so represented may request and render law
enforcement assistance to the others to include but not necessarily 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.
SECTION II: PROVISIONS FOR VOLUNTARY COOPERATION
Each of the subscribed Law Enforcement Agencies hereby approves and enters into this
agreement whereby each the agencies 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:
Investigations, Homicides, Sex Offenses, Robberies, Assaults, Burglaries, Larcenies,
Gambling, Motor Vehicle Thefts, Drug Violations Pursuant to Chapter 893, Florida
Statutes, Support of Backup Services During Patrol Activities, and Inter-Agency Task
Forces and/or Joint Investigations.
SECTION III: PROCEDURE FOR REQUESTING ASSISTANCE
A. In the event that a subscribed Law Enforcement Agency is in need of assistance as
set forth above, such agency 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 authorized designee as the Law Enforcement Agency,
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 in his/her jurisdiction, for how long such
assistance is authorized and for what purpose such authority is granted. This authority
may be 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. law 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.
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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 supervising officer shall be under the direct supervision. and command of the
agency head or his/her designee of the agency requesting assistance.
SECTION V: INDEMNIFICATION /LIABILITY
To the extent it is responsible, each subscribed Law Enforcement Agency engaging in
any cooperation and assistance, pursuant to this agreement, agrees with respect to any
third party suit or claim for damages resulting from any and all negligent acts, omissions,
or conduct of such agency's own employees occurring while engaging in rendering such
aid pursuant to this agreement, to hold harmless, defend and indemnify the other
participating agencies 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 agency 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 subscribed Law Enforcement Agency 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) Florida Statutes, have the same powers, duties, rights, privileges and
immunities as if those employees were performing duties inside the employee's political
subdivision in which normally employed.
B. Each subscribed Law Enforcement Agency agrees to furnish necessary personnel,
resources and facilities and to render services to each other subscribed Law Enforcement
Agency; provided however, that no agency shall be required or obligated to unreasonably
deplete its own personnel, equipment, resources, facilities, and services in furnishing
such mutual aid.
C. Apolitical subdivision or agency that furnishes equipment pursuant to this
Agreement agrees to bear the cost of loss or damage to that equipment and must pay any
expense incurred in the operation and maintenance for that equipment.
D. Subject to the reimbursement provisions of Section VIII (B), the agency
furnishing aid or personnel pursuant to this section shall compensate its
appointees/employees during the time such aid is rendered and shall pay any amounts due
for compensation due to personal injury or death while such employees are engaged in
rendering such assistance.
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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 extra-territorially under the provisions of this
Mutual Aid Agreement. The provisions of this section shall apply with equal effect to
paid, volunteer, and reserve employees.
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 subscribed Law Enforcement Agency shall provide satisfactory proof of liability
insurance in an amount v~~hich is, in the judgment of the governing body of that agency, at
least adequate to cover the risk to which that agency may be exposed in the fulfillment of
its obligations under this Agreement. However, should any part of the insurance
coverage provided as proof of insurance be canceled or undergo material change, that
agency shall notify all subscribed Law Enforcement Agencies 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 subscribed Law Enforcement Agencies 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 subscribed Law Enforcement Agencies 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. Reimbursement under this section does not include
compensation for the assisting agency's employees or overtime pay. To be entitled to
reimbursement for investigative expenses related to Operational Assistance, the assisting
agency shall first obtain the prior written authorization from the requesting agency which
shall ultimately bear the investigative expenses.
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SECTION IX: FORFEITiJRES OR OTHER RECOVERIES
In response situations where forfeiture of seized property is likely, the subscribed Law
Enforcement Agencies shall endeavor to agree in advance to an equitable sharing of all
proceeds. If an advance agreement 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 properties 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 any subscribed Law Enforcement Agency
during the performance of this Agreement, the subscribed Law Enforcement Agencies
further agree to dispose of said property through public sale or auctions, the net proceeds
of which shall be equally distributed among those agencies whose participation was
initiated through this Agreement, to the extent that Florida Law allows said net proceeds
to be retained. Individual exceptions to this disposal procedure may occur with mutual
written consent of both parties.
SECTION XI: EFFECTIVE DATE
Upon execution and approval by the hereinafter named officials, this Agreement shall
take effect upon execution by the subscribing parties and shall continue in full force and
effect until January 7, 2013. Under no circumstances may this agreement be renewed,
amended, or extended except in writing.
SECTION XII: CANCF,LLATION
Any subscribed Law Enforcement Agency may cancel their participation in this
agreement upon delivery of written notice to the other subscribed agencies. Cancellation
will be at the direction of any subscribed Law Enforcement Agency.
END OF TEXT
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IN WITNESS WIIEREOF, the agencies hereto cause these presents to be signed
on the date specified.
Signed, sealed and delivered
In the presence of:
Office of the Sheriff of Martin County
Witness as to Sheriff (date)
Sheriff s Attorney Review (date)
Village of Teauesta Police Deuartment
Witness as to Chief of Police (date)
Attorney Review
ATTEST:
DATE:
BY:
Robert L. Crowder, Sheriff (date)
BY:
William McCollom, Chief of Police (date)
BY:
(date) Pat Watkins, Mayor (date)
VILLAGE OF TEQUESTA
Lvii Ivi~, vv iiiituua, ~.,1v1~,, v iiia~c ~.icin
Michael Couzzo, Village Manager
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
(VILLAGE SEAL]
DATE:
Trela White, Esq.
Village Attorney
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