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1. VILLAGE COUNCIL MEETING:
VILLAGE OF TEQUESTA
AGENDA ITEM TRANSMITTAL FORM
Meeting Date:
August 13, 2009 Meeting Type: Regular Ordinance #: N/A
Consent Agenda: Yes Resolution #: NIA
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 the Town of Jupiter Island.
3. BUDGET /FINANCIAL IMPACT:
Account #: N/A Amount of this item: N/A
Current Budgeted Amount Available:
N/A Amount Remaining after item:
NIA
Budget Transfer Required: No Appropriate Fund Balance: No
4. EXECUTIVE SUMMARY OF MAJOR ISSUES: (This is a snap shot description of the agenda item)
Request approval of the Mutual Aid Agreement between the Village of Tequesta and the Town of Jupiter
Island.
5. APPROVALS:
Dept. Head: ~~ Finance Director: ^ Approved
^ No Financial Impact
Attorney: (for legal sufficiency) Keith Davis. ESQ Yes ^ No ^
Village Manager: ,~~'~---'"
• SUBMIT FOR COUNCIL DISCUSSION: ^"
• APPROVE ITEM:
• DENY ITEM: ^
Form amended 08/26/08
Routing Sheet Process
1. Send ALL completed forms to
Finance for review ONE WEEK prior
to agenda items due into Clerk's
Office.
2. Finance sends Routing Sheet to
Clerk by deadline.
3. Clerk formulates agenda and sends
to Manager for review /approval.
TEQUESTA POLICE DEPARTMENT
„~•cQUESTq- ~i
k-
po: P~~-; " MEMORANDUM
To: Michael R. Couao, Jr.
Village Manager
From: Chief William E. McCollo
Date: July 13, 2009
Subject: JUPITER ISLAND MUTUAL AID AGREEMENT
Attached for Council approval is a Mutual Aid Agreement (MAA) between the
Village of Tequesta and the Town of Jupiter Island.
An MAA between the village of Tequesta and the Town of Jupiter Island is
beneficial to both parties. In the past the Village has requested the assistance of
Jupiter Island police. One such occasion was the drowning under the 707 bridge.
Through mutual aid Jupiter Island supplied an officer and their Marine Unit for three
days. On other occasions Tequesta and Jupiter Island have co-investigated the
illegal landing of immigrants.
Attorney Keith Davis has reviewed the agreement and found it to be of legal form
and sufficiency.
If you concur, I would request that the agreement is placed on the August 13, 2009
Council agenda.
Tequesta Police Department
Metrwrandum
McCollom, William
From: keith W. Davis [keith@corbettandwhite.com]
Sent: Thursday, July 02, 2009 1:02 PM
To: jrandolph~jones-foster.com
Cc: McCollom, William
Subject: FW: Mutual Aid Agreement-Tequesta-Jupiterlsland.doC
Attachments: 1524933-mutual aid agreement w tequest.DOC; 1615108-mutual aid agreement w
tequest. DOC
Skip
This looks great. Thanks for your help! I'm sending it on to the Chief as well.
Keith W. Davis, Esq.
Corbett and White, P.A.
Tel: (561) 586-7116
From: Randolph, John C. jmailto:jandolph@jones-foster.com]
Sent: Thursday, July 02, 2009 11:04 AM
To: Keith W. Davis
Cc: tgonzales@tji.martin.fl.us
Subject: RE: Mutual Aid Agreement-Tequesta-JupiterIsland.doc
Keith,
I have incorporated the revision in Section X. Attached are a redline and clean version of the Agreement.
JOHN C. RANDOLPH
John C. Randolph, Esquire
Jones, Foster, Johnston 8~ Stubbs, P.A.
Flagler Center Tower, Suite 1100
505 South Flagler Drive
West Palm Beach, FL 33401
(561) 659-3000
DID (561) 650-0458
Facsimile (561) 650-0465
irandolah(taiones-foster. com
www. Tones-foster.com
The information contained in this a-mail message is intended only for the personal and confidential use of the recipient(s) named above. This message and its
attachments may be an attorney-client communication and, as such, is privileged and confidential. If the reader of this message is not the intended recipient or an
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mail, and delete the original message.
From: Keith W. Qavis [mailto:keith@corbettandwhite.com]
Sent: Wednesday, July 01, 2009 2:51 PM
To: Randolph, John C.
Subject: Re: Mutual Aid Agreement Tequesta-JupiterIsland.doc
Let's revise the language as you have suggested. Thanks!
Tequesta Police Department
Memorandum
In Hoc,
Sent from my iPhone
On Jul 1, 2009, at 2:14 PM, "Randolph, John C." <jrandolph(a~jones-foster.com> wrote:
Keith,
Good catch.
I would suggest that Section X be amended to state " ...both parties further agree to dispose of said
property through public sale or auctions pursuant to the procedures set forth in Section 705.103, Florida
Statutes, said procedures to be initiated by the agency in whose jurisdiction the property was found,
located or seized."
Alternatively, we could eliminate Section 10 in its entirety and simply allow that matter to be dealt with on
a case by case basis between the parties.
What are your thoughts?
JOHN C. RANDOLPH
John C. Randolph, Esquire
Jones, Foster, Johnston & Stubbs, P.A.
Flagler Center Tower, Suite 1100
505 South Flagler Drive
West Palm Beach, FL 33401
(561) 659-3000
DID (561)650-0458
Facsimile (561) 650-0465
irandolahCcDiones-foster.com
www. Tones-foster.com
The information contained in this a-mail message is intended only for the personal and confidential use of the recipient(s) named above. This
message and fts attachments may be an attorney-client communication and, as such, is privileged and confidential. If the reader of this
message is not the intended recipient or an agent responsible for delivering it to the intended recipient, you are hereby notified that you have
received this document in error and that any review, dissemination, distribution, or copying of this message is strictly prohibited. If you have
received this communication in error, please notify us immediately by a-mail, and delete the original message.
From: keith W. Davis [mailto;keith@corbettandwhite.com]
Sent: Tuesday, June 30, 2009 4:41 PM
To: Randolph, John C.; Matias, Sally
Cc: 'McCollom, William'
Subject: FW; Mutual Aid Agreement-Tequesta-JupiterIsland.doc
Skip:
I have been reviewing the attached MAA and agree with the revisions as indicated. However, I
think that Section X needs further revision to indicate that disposal should be in accordance with Chapter
705, F.S.
My read of Chapter 705 regarding the method of disposal of abandoned or lost property would not allow
what this MAA is proposing. Specifically, if the property is disposed of thru auction or public sale, the
proceeds, after actual costs are recovered, must be deposited in the State School Fund, not divided up
amongst the MAA members.
Tequesta Police Department
Memorandum
Please let me know what you think so we can wrap this up. My Chief wants this on the Village Council
agenda for July 9. Thanks!
Keith W. Davis, Esq.
Corbett and White, P.A.
Tel: (561) 586-7116
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MUTUAL AID AGREEMENT
COMBINED
OPERATION ASSISTANCE AND VOLUNTARY COOPERATION
This Mutual Aid Agreement. is entered into the day of , 2009
by and between the Tequesta Police. Department ("Tequesta"), and Jupiter Island Public
Safety Department ("Jupiter Island"). Each is refened to as an "Agency" and are
collectively referred to as the "Agencies".
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 by not limited to emergencies as defined under
Section 252.34, F.S.; 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, Tequesta and Jupiter Island 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
Tequesta and Jupiter Island 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.
Jupiter island MAA
July 2009
SECTION II: PROVISIONS FOR VOLUNTARY COOPERATION
Tequesta and Jupiter Island hereby approve and entex into this agreement whereby each of
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:
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 from. whom such assistance is
required. The Chief of Police or an authorized designee, for the agency,
whose assistance is sought shall evaluate the situation and their available
resources, and will respond in a manner deemed appropriate.
B. The agency head in whose jurisdiction assistance is being rendered may
determine who is authorized to lend assistance in their 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 their respective agency, such officer 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 includins but not
limited to a follow-up written report documenting the event and the actions
taken. This provisions 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 supervising officer shall be under the direct. supervision and command of the agency
head or their designee of the department requesting assistance.
2
Jupiter Island MAA
July 2009
SECTION V: INDEMNIFICATION/LIABILITY
To the extent possible, each party engaging in any mutual cooperation and assistance,
pursuant to this agreement, agrees with respect to any third party suit or 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 parry and its appointees or
employees, and to assume full responsibility for same, subject to the provisions and
limitations of Section 768.28, F.S., and provided such party shall have control of the
defense of any suit or claim to which said duty to indemnify and assumption of
responsibilities 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 or obligated to unreasonably
deplete 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. Subject to the reimbursement provisions of Section VII 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.
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 these sections shall apply with equal effect to paid, volunteer, and
reserve employees.
3
Jupiter Island MAA
July 2009
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 may be exposed in the fulfillment of its obligations under this Agreement.
However, should any part of the insurance coverage provided be cancelled or undergo
material change, that parry shall notify all parties to this agreement of any 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 incident 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 properly 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
4
Jupiter Island MAA
July 2009
Agreement, both parties further agree to dispose of said property through public sale or
auctions, pursuant to the procedures set forth in Section 705.103, Florida Statutes, said
procedures to be initiated by the agency in whose jurisdiction the property was found,
located or seized. 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 for five years from date of execution. 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 discretion of any subscribing party.
END OF TEXT
IN WITNESS WHEREOF, the parties hereto cause these presents to be signed on the date
specified.
Signed, sealed and delivered in the presence of:
Tequesta Police Department
Witness as to Chief of Police
BY=
William E. McCollom, Chief of Police
(date)
ATTEST
Lori McWilliams, CMC
Village Clerk
[VILLAGE SEAL]
VILLAGE OF TEQUESTA
By:
Michael Couzzo, Village Manager
(date)
APPROVED AS TO FORM AND LEGAL
SUFFICIENCY
Trela White, ESQ
Village Attorney
5
Jupiter Island MAA
July 2009
Witness as to Chief of Police
Jupiter Island Public Safety
Department
By:
Ted Gonzales, Chief of Police
(date)
Witness as to Chief of Police
Town Attorney's Review
Town of Jupiter Island
By:
Joseph Connelly, Town Manager
(date)
P:\DOCS\18270\00002\DOC115Z4933.DOC
6
Tequesha Police Departrnent
Memorandum
McCollum, William
From: keith W. Davis [keith@corbettandwhite.comj
Sent: Thursday, Juiy 02, 2009 1:02 PM
To: jrandolph(dljones-foster.com
Cc: McCollum, Wiliam
Subject: FW: Mutual Aid Agreement Tequesta-Jupiterisland.doC
Attachments: 1524933-mutual aid agreement w tequest.DC-C; 161510&mutual aid agreement w
tequest.DOC
Skip:
This looks great. Thanks for your help! I'm sending it on to the Chief as well.
Keith W. Davis, Esq.
Corbett and White, P.A.
Tel: (561) 586-7116
From: Randolph, John C. jmaiito:jrandoiph@jones-foster.com]
Sent: Thursday, July 02, 2009 11:04 AM
To: Keith W. Davis
Cc: tgonzales@tji.martin.fl.us
Subject: RE: Mutuaf Aid Agreement Tequesb ]upiterIsland.doc
Keith,
I have incorporated the revision in Section X. Attached are a redline and clean version of the Agreement.
JOHN C. RANDO~PH
John C. Randolph, Esquire
Jones, Foster, Johnston & Stubbs, PA.
Flagler Garner Tower, Suite 1100
50S South Flagler Drive
West Palm Beach, FL 33401
(561) 659-3000
DID (561)650-0458
Facsimile (561) 650-0465
irandoloh(c~rones-foster.com
www.iones foster.com
The information contained in this e-mail message is intended only for the personal and confidential use of the recipiern(s) named above. This message and its
attachments may be an attorney-client communication and, as such, is privileged and confidential. if the reader of this message is not the intended recipient or an
agent responsible for delivering tt to the intended recipiern, you are hereby nofified that you have received this document in error and fhaY any review,
dissemination, distribution, w rxipying of this message is strictty prohibited. b you have received this communication in error, please notify us immediately by e-
mail, and delete the original message.
from: Keith W. Davis [mailto:keith@eorbettafxiwhite.com]
Sent: Wednesday, July Ol, 2009 2:51 PM
To: Randolph, John C.
Subject: Re: Mutual Aid Agreemetrt-Tequesta-JupiterIsland.doc
Let's revise the language as you have suggested. Thanks!
Tequesta Police D~artrneitt
In Hoc,
Sent from my iPhone
On Jul 1, 2009, at 2:14 PM, "Randolph, John C." <jrandolph(n,jones-foster.com> wrote:
Keith,
Good catch.
I would suggest that Section X be amended to state " ...both parties further agree to dispose of said
property through public sale or auctions pursuant to the procedures set forth in Section 705.103, Florida
Statutes, said procedures to be initiated by the agency in whose jurisdiction the property was found,
located or seized."
Alternatively, we could eliminate Section 10 in its entirety and simply allow that matter to be dealt with on
a case by case basis between the parties.
What are your thoughts?
JOHN C. RANDOIPH
John C. Randolph, Esquire
Jones, Foster, Johnston & Stubbs, P.A.
Flagler Center Tower, Suite 1100
505 South Flagler Drive
Wast Palm Beach, FL 33401
(561) fi59-3000
DID (561) 650-0458
Facsimile (561) 650-0465
irandolnhf~iones-foster.com
www.iones-foster.com
The information contained in this a-mail message is intended only for the personal and confidential use of the recipient(s) named above. This
message and ifs attachments may be an attorney-client communication and, as such, is privileged and confidential. If the reader of this
message is not the intended recipient or an agent responsible for delivering it to the intended recpient, you are hereby notified. that you have
received this document in error and that any review, dissemination, distribution, or copying of this message is strictly prohibited. If you have
received this communication in error, please notify us immediately by a-mail, and delete the ~iginal message.
From: keith W. Davis [mailto:keitti@corbettandwhite.com]
Sent: Tuesday, June 30, 2009 4:41 PM
To: Randolph, John C.; Matias, Sally
Cc: 'McCollum, William`
Subject: FW: Mutual Aid Agreement-Tequesta-lupiberIsland.doc
Skip:
I have been reviewing the attached MAA and agree with the revisions as indicated. However,
think that Section X needs further revision to indicate that disposal should be in accordance with Chapter
705, F.S.
My read of Chapter 705 regarding the method of disposal of abandoned or lost property would not allow
what this MAA is proposing. Specifically, if the property is disposed of thru auction or public sale, the
proceeds, after actual costs are recovered, must be deposited in the State School Fund, not divided up
amongst the MAA members.
Tequesta Police Department
Memorandum
Please let me know what you think so we can wrap this up. My Chief wants this on the Village Council
agenda for July 9. Thanks!
Keith W. Davis,. Esq.
Corbett and White, P.A.
Tel: (561) 586-7116
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IMPORTANT.- The contents of this email and any attachments are contidentiat. They are intended for the
named recipientjs) only.
If you have received this email in error, please notify the system manager or the sender immediatety and
do not disclose the contents to anyone or make copies thereof.
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