HomeMy WebLinkAboutDocumentation_Regular_Tab 11-B_7/23/1998 ONES
FOSTER ER Flagler Center Tower,Suite 1100
JOHNSTON
505 South Flagler Drive ��—
&S 1 VBBS pa .. West Palm Beach,Florida 33401 4475
Telephone(561)659-3000
Attorneys and Counselors
John C.Randolph,Esq.
Direct Dial:(561)650-0458
E-mail:jandolph@Jones-foster.com
July 8, 1998
f Stephen J. Allison
Chief of Police
Tequesta Police Department
Post Office Box 3273
Tequesta,Florida 33469-0273
RE: Village of Tequesta
Mutual Aid Agreement-Robbery Task Force
Our File No. 13153.1
Dear Chief Allison:
I have reviewed the Mutual Aid Agreement which you forwarded to me under your letter of July 7,
1998, and approve of the agreement as to legal form and sufficiency. Please note in the first two
whereas clauses that the"Village of Tequesta" and"Village of Tequesta Police" should be inserted,
as I have indicated on the copy of the agreement that I am forwarding back with this letter.
Sincerely,
JONES, FO T R, JOHNSTON& STUBBS,P.A.
John C. Randolph
JCR/ssm
Enclosure
cc: Thomas G. Bradford,Village Manager
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ViJiifTeq ..
MEMOr I R 7 inn."
To: Thomas G. Bradford, Village Manager
From: Stephen J. Allison, Chief of Police ke
Subject: Mutual Aid Agreement-Robbery Task Force
Date: July 6, 1998
Our department has been a participant in the Palm Beach County Multi-Agency Robbery Task
Force for several months. Through this participation we gain robbery/suspect intelligence and
receive enforcement assistance in armed robbery related matters. It is also motivational and •
educational for our officers. They are getting experience in handling crimes that we do not deal
with on a frequent basis.
The Palm Beach County Sheriff's Office legal staff gave an opinion that this task force exceeds
the scope of the existing county wide law enforcement mutual aid agreement. All participating
agencies have been requested to sign the attached agreement.
I assume, that with your approval, this agreement must be reviewed by Mr. Randolph and
approved by Council.
MUTUAL AID AGREEMENT
WITNESSETH
WHEREAS, the City of ("Assisting
Agency"and/or"Participating Agency") and the Palm Beach County Sheriffs Office
("Requesting Agency") 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-jurisdiction law enforcement problems, so as to protect
the public peace and safety, and preserve the lives and property of the people; and
WHEREAS, the •
Department and the Palm
Beach County Sheriffs Office have the authority under section 23.12 Florida Statute et seq.. the
Florida Mutual Aid Act, to enter into a requested operational assistance agreement for rendering
of assistance in a law enforcement emergency that crosses jurisdiction lines; and
WHEREAS, law enforcement agencies throughout the nation have found that robberies
and related offenses have far-reaching costs to the public and involve all levels of criminal
activity; and
WHEREAS, violent criminals-often commit robberies to finance other criminal activity.
such as narcotics, gang activity and violent crimes; and
WHEREAS, Palm Beach County communities have experienced a substantial increase in
all types of robberies which results in the loss of property. a decrease in profits and patronage.
and an increase in operating expenses for businesses; and
WHEREAS, by combining resources,jurisdictional authority, criminal intelligence
methods and by targeting career and violent robbery suspects, law enforcement agencies can
significantly lower the rate of robberies, increase arrests and prosecutions and provide greater
protection and peace of mind for the citizens of Palm Beach County which could not be done
without this cooperation.
NOW THEREFORE, for the considerations set forth above, the parties agree as
follows:
MISSION
1. The participating law enforcement organizations will form a Multi-Agency Robbery Task
Force (MARTF) with a mission of:
a. Identifying patterns of robbery activity throughout Palm Beach County and
local municipalities.
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b. Developing criminal intelligence on suspects and their method of operation by
utilizing the Palm Beach County Robbery Clearinghouse database.
c. Coordinating surveillance on selected target locations, high crime areas or on
identified suspects.
d. Arresting suspects for robberies and related crimes and assisting in the
• prosecution.
e. Pooling resources,,jurisdiction and personnel to attack the crime at the county,
state and federal level.
f. Providing specialized surveillance/counter measures at targeted locations when
requested by participating agencies.
g. Disseminating robbery/suspect intelligence to the participating agency's respective
patrol personnel and with other participating agencies in a coordinated effort to curtail
robberies and violent crimes.
2. MARTF will consist of officers and supervisors from the participating agencies
on a part-time basis along with ad-hoc participating officers, support personnel,
commanders and law enforcement executives who will participate and lend support
whenever needed.
PROVISION FOR VOLUNTARY COOPERATION
3. Each participating agency hereby approves and enters into this agreement whereby each
of the agencies will continuously request and render assistance to the other in the form of
assigned personnel and related equipment, and participate in the structure of the effort as
described in this Agreement. The assistance includes, but is not limited to, the
enforcement of laws, gathering and sharing of criminal intelligence, surveillance
activities, arrest of violators, execution of all lawful processes. and any other operation
support necessary to ensure success and continued operation of this Task Force and its
overall mission.
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PROCEDURE FOR REQUESTING ASSISTANCE
4. The requesting agency will contact the MARTF Coordinator or Assistant Coordinator
by providing a specific request for assistance. This request will then be presented
to a Command Board (comprised of MARTF representatives) for review and to ensure
that the request meets the guidelines set forth in this agreement. The Command Board
will then render a decision which will then be relayed to the requesting agency. If the
request is valid, a call out of participating agencies will be initiated by the Coordinator or .
Assistant Coordinator.
COMMAND AND SUPERVISOR RESPONSIBILITY
5. The personnel and equipment that are assigned by the assisting agency head shall be
under the immediate command of a supervising officer of the requesting agency.
6. The assisting agency will provide all maintenance and training consistent with their
in service training program and standard operating procedures.
7. Whenever an officer is rendering assistance pursuant to this Agreement,the officer shall
abide by and be subject to the rules and regulations, personnel policies, general orders
and standard operating procedures of his/her own employer as well as those of the
requesting agency. If any such rule, regulation, personnel policy, general order or
standard operating procedure of the assisting agency is contradicted, contravened or
otherwise in conflict with a direct order of a superior officer of the requesting agency.
then such rule, regulation,policy, general order or procedure of the assisting agency shall
control and shall supersede the direct order.
8. Whenever there is cause to believe that a complaint has arisen as a result of a cooperative
effort as it may pertain to this agreement,the agency head or his/her designee of the
requesting agency shall be responsible for the documentation of said complaint to
ascertain at a minimum:
a. The identity of the Complainant
b. An address where the complaining party can be contacted
c. The specific allegation
d. The identity of the employees accused without regard as to agency affiliation
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9. If it is determined that the accused is an employee of the assisting agency, the above
information, with all pertinent documentation gathered during the receipt and processing
of the complaint, shall be forwarded without delay to the agency head or his/her designee
of the assisting agency for administrative review. The requesting agency may conduct a
review of the complaint to determine if any factual basis for the complaint exists and/or
whether any of the employees of the requesting agency violated any of their agency's
policies or procedures.
LIABILITY
10. Each party engaging in any mutual cooperation and assistance, pursuant to this
agreement, agrees to assume responsibility for the acts, omissions, or conduct of such
party's own employees while engaged in rendering such aid pursuant to this agreement.
subject to the provisions.of Section 768.28, Florida Statutes, where applicable. The
participating agency and/or its municipality, agrees to indemnify and hold harmless the
Sheriff of Palm Beach County, his agents, appointees, employees, designees and
representatives from any and all claims, demands,judgments, suits and verdicts, cause
and causes of action relating to the actions of the Assisting Agency's officer in the
performance of this Agreement. The Sheriff agrees to indemnify and hold harmless the
participating agency from any and all claims, demands,judgments, suits and verdicts,
cause and causes of action relating to the actions of the Requesting Agency in the
performance of this Agreement.
• POWERS, PRIVILEGES, IMMUNITIES AND COSTS
11. Under the terms of this Agreement, an employee of the participating agency when
actually engaging in mutual cooperation and assistance outside of the jurisdictional
limits of the participating agency but inside this county, shall, pursuant to the
provisions of Section 23.127(1), Florida Statute, have the same powers, duties,
rights, privileges and immunities as if the employee was performing duties inside the
employee's political subdivision in which he/she is normally employed.
12. Each party agrees to furnish necessary personnel, equipment, 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.
13. The participating agency agrees to be responsible for furnishing their employees with
all standard police equipment necessary to fulfill the functions in this Agreement.
The Sheriff will provide a work site unless otherwise agreed upon by the parties.
The participating agency agrees to maintain at its expense, worker's compensation
insurance, if applicable, to fully protect both the agency and the Sheriff from all claims
for personal injury or death arising from its performance of this proposal.
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IN WITNESS WHEREOF, the parties hgreto cause these presents to be signed on the date
specified.
SHERIFF OF PALM BEACH COUNTY:.
Witness Signature Sheriff of Palm Beach County
Witness Printed Name Date
ti
Witness Signature Chief of Police-
Municipality
Witness Printed Name Date
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RESOLUTION NO. 33 - 97/98
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A RESOLUTION OF THE VILLAGE COUNCIL OF
THE VILLAGE OF TEQUESTA, PALM BEACH
COUNTY, FLORIDA, APPROVING A MUTUAL AID
AGREEMENT FOR THE MULTI-AGENCY ROBBERY
TASK FORCE AND AUTHORIZING THE CHIEF OF
POLICE 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 the Palm
Beach County Sheriff ' s Office and the Village of Tequesta
. for the Multi-Agency Robbery Task Force, attached hereto
as exhibit "A" , is hereby approved and the Chief of
Police of the Village of Tequesta is hereby authorized to
execute the same on behalf of the Village of Tequesta.
THE FOREGOING RESOLUTION WAS OFFERED by Councilmember
, who moved its adoption. The motion
was seconded by Councilmember , and upon
being put to a vote, the vote was as follows :
FOR ADOPTION AGAINST ADOPTION
The Mayor thereupon declared the Resolution duly passed
and adopted this 23rd day of July, A.D. , 1998 .
MAYOR OF TEQUESTA
Elizabeth A. Schauer
ATTEST:
Joann Manganiello
Village Clerk
amipro\resolutions\33-9798