Loading...
HomeMy WebLinkAboutResolution_33-97/98_07/23/1998 i RESOLUTION NO. 33 - 97/98 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 FOREEGOING RESOLUTION WAS OFFERED by Councilmember M , who moved its adoption. The motion was seconded by Councilmember Hansen and upon being put to a vote, the vote was as follows: I j FOR ADOPTION AGAINST ADOPTION Alexander W. Cameron Carl C. Hansen I Ron T. Mackail I _Elizabeth A. Schauer The Mayor thereupon declared the Resolution duly passed and adopted this 23rd day of July, A.D., 1998. YOR ;Ty UE Elizabeth A. Schauer ATTEST: ann Manganit1lo Village Clerk i amipro \resolutions \33 -9798 i t MEMO To: Joann Manganiello, Asst. Village Manager From: Stephen J. Allison, Chief of Police �p- Subject: Mutual Aid Agreement - Robbery Task Force Date: December 22, 1998 Attached for your records is an original, executed copy of the mutual aid agreement for the Multi - Agency Robbery Task Force. (Copy received today.) s EX141ZIT "Ai MUTUAL AID AGREEMENT WITNESSETH WHEREAS, the tftio$ village of Teauesta ( " 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 Teauesta Police Department and the Palm Beach County Sheriff s 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. • 1 ♦ d 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 :n t..is 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. 40 2 � e 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 lir.:ited 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. • 2 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 3 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 • 3 J 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(l), 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. • 4 14. The assisting agency will pay the salary, benefits, overtime and any other compensation to the officer. The assisting agency will also provide the officer an unmarked vehicle and a pager. 15. A participating agency that furnishes equipment pursuant to this agreement 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. 16. 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 section shall apply with equal effect to paid, volunteer, and reserve employees. FORFEITURE . 17. The MARTF, through the Sheriff's Office Legal Advisor's Office, will initiate forfeiture action whenever lawful and reasonable. The sharing of forfeiture assets shall be through a method of equal division of cash and property and/or as agreed to before hand by the Command Board and as determined on a case by case basis. The decision to settle a forfeiture action will rest with the Sheriff's Office Forfeiture Unit. The Sheriffs Office will be entitled to have its attorney fees, advertising fees, asset maintenance fees and other costs reimbursed prior to the division of the proceeds from the forfeited asset. INSURANCE 18. Each party shall provide satisfactory proof of liability insurance by one or more of the means specified in Section 768.28(15), Florida Statutes, 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. Should the insurance coverage, however, provided, of any party be canceled 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. • 5 EFFECTIVE DATE 19. This agreement shall take effect upon execution and approval by the hereinafter named officials and shall continue in full force and effect for a one (1) year period unless terminated prior thereto by any or all of the parties herein. This agreement will be automatically renewed for consecutive one year periods unless notice of termination is provided. 20. This agreement is not assignable or transferable unless agreed to in writing by the parties. 21. If any term or provision of this agreement is found to be invalid or unenforceable, the remainder of this agreement shall not be affected and every other term and provision of this agreement shall be deemed valid and enforceable to the extent permitted by law. 22. This agreement contains the entire agreement made between the parties and neither party is relying upon any oral representations made by the other party except as set forth in this agreement. Any modification to this agreement must be made in writing and signed by all parties. 23. 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. CANCELLATION 24. This agreement may be canceled by any participating agency upon delivery of thirty days (30) written notice to the other participating agencies. 6 • r IN WITNESS WHEREOF, the parties hereto cause these presents to be signed on the date specified. SHERIFF OF PALM BEACH COUNTY Cx--� fitness Signature h riffof Palm Beach ounty L� u 2A Li, �- "(q Witness Printed Name Date St phen J. Allison Witness Signature Chief of Police - Teauesta Municipality Robert L. Garlo Assistant Chief of Police July 27, 1998 Witness Printed Name Date