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HomeMy WebLinkAboutResolution_15-77/78_09/13/1978 RESOLUTION NO. 15 -77/78 A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, FLORIDA APPROVING THE INTER -LOCAL AGREEMENT BETWEEN THE VILLAGE OF TEQUESTA, TOWN OF JUPITER AND JUPITER INLET COLONY FOR EMERGENCY POLICE PROTECTION AND MUTUAL LAW ENFORCEMENT PROCEDURES WHEREAS, the Village Council of the Village of Tequesta deems it necessary and advisable, and in the best interests of its citizens and residents to enter into an inter -local agreement with the municipalities of Jupiter and Jupiter Inlet Colony for emergency police protection and mutual law enforcement procedures; NOW THEREFORE BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, FLORIDA: Section 1 . That the inter -local agreement for emergency police protection and mutual law enforcement procedures between the Village of Tequesta, Town of Jupiter and Jupiter Inlet Colony, a copy of which agreement is attached hereto, marked as Exhibit "A" and made a part hereof, is hereby accepted and approved by the Village of Tequesta. Section 2 . That the Mayor and Village Clerk be and they are hereby authorized and directed to sign and seal said agreement. Section 3 . Upon the acceptance and approval of the aforesaid inter -local agreement by the Town of Jupiter and Jupiter Inlet Colony and upon the favorable determination by the Florida Department of Legal Affairs that the aforesaid agreement is in proper form and compatible with the laws of this State, the aforesaid agreement shall become binding and effective between the aforesaid municipalities according to its terms and conditions as contained therein. Section 4 . The Village Clerk is hereby directed to send a certified copy of this Resolution and the inter -local 4.greement herein contained to the Town of Jupiter and Jupiter Inlet Colony, requesting their concurrent approval and acceptance. Section 5 . The Sheriff of Palm Beach County and the Division of the Florida Highway Patrol of the Department of Highway Safety and Motor Vehicles are hereby invited to join in this inter -local agreement and the Village Clerk is directed to advise such agencies and to send them certified copies of the aforesaid Resolution and Agreement. Section 6 . Upon securing all signatures of the parties of this Inter -Local Agreement, the Village Clerk is directed to forward same to the Florida Department of Legal Affairs for its review and final approval thereof. Section 7 . This Resolution shall take effect immediately upon passage. Section 8 . That Resolution No. 11 -77/78 is hereby rescinded. THE FOREGOING RESOLUTION was offered by Councilmember J ames Ryan , who moved its adoption. The Resolution was seconded by Councilmember W. Harvey Mapes and upon being put to a vote, the vote was as follows: FOR ADOPTION AGAINST ADOPTION Howard F. Brown Leslie Cook W. Harvey Mapes James Ryan The Mayor thereupon declared this Resolution duly passed and adopted this 13 day of September A.D., 1978. MAYOR OF TEQUESTA Howard F. Brown ATTEST: VillagW Clerk AGREEMENT INTERLOCAL AGREEMENT FOR EMERGENCY POLICE PROT_' _'T''0'_ti AND MUTUAL LAW ENFORCEMENT PROCEDURES WHEREAS, this Agreement is entered into as an Interlocal Agreement pursuant to Chapter 163, Part I, of the Florida Statutes for the purpose of establishing emergency police protection and mutual law enforcement procedures between the public agencies herein- after named, and to carry out the provisions of Chapter 23, Part IV, of the Florida Statutes entitled, The Florida Mutual Aid Act; NOW THEREFORE, W That for and in consideration of the mutual covenants and agreements of the parties hereto, each to be performed for the mutual - benefit of all and other good and valuable considerations, the parties hereto agree as Follows: 1. Emergency Po P Each of the parties hereto agrees to render emergency police protection and assistance to any point within the territorial limits of any other party hereto in the event of any state of extreme emergency, state of disaster, local peril, or local emergency in accordance with the provisions hereinafter set forth. 2. Part ies The following public agencies are parties to this Agreement: The Town of Jupiter, hereinafter called Jupiter; the village of Tequesta, hereinafter called Tequesta and, the City of Jupiter Inlet Colony, hereinafter called Inlet Colony. Each of the aforesaid public agencies is a duly constituted municipal corporation organized under the laws of the State of Florida and located in Palm Beach County, Florida. 3. Additional Pa rties The following additional parties are invited to join in this Agreement in furtherance of the provisions of Chapter 23.124 of the Florida Statutes. The Office of the Sheriff of Palm Beach County, and the Divbsion of Florida Highway Patrol of the Department of Highway, Safety and Motor Vehicles. Each of the aforesaid agencies shall become parties to this Agreement upon advising the three (3) original parties hereto of '-zeir respective intent to participate in this Agreement and by their execution of this Agreemeht for and in their behalf. 4. Purposes Each of the parties to this Agreement desires to make the most efficient use of their respective governmental and police powers through cooperative efforts wh are based upon their geo- graphic, economic, size or pepslation, and other local factors, Through such cooperation these parties seek to obtain emergency police protection for their citizens and residents, and to establish mutual law enforcement procedures as hereinafter set forth which will enable them to carry out local operations under the Florida Mutual Aid Act. 5. Adoption of Act All of the definitions, terms, and provisions of the Florida Mutual Aid Act are hereby adopted by the parties hereto and incor- porated into this Agreement nv reference, 6. V estina of Police rowers Whenever the law e nforcement officers of any party hereto are rendering aid outside a -` pursuant to the authority contained in this Agreement, such officers shall have the same powers, duties, rights, privileges, and imMUnities as if they were perform- ing their duties in the political subdivision in which they are normally employed. 7. Compensation The party furnishing aid pursuant to this Agreement shall compensate its law enforcement officers during the time of the rendering of such aid and shall defray in actual travel, maintenance, and expense of such officers while t -any are rendering such aid. Such compensation shall include any amounts paid or due as compensa- tion for personal injury or death while such officers are engaged in rendering such aid. There shall be no charges from one party to another for such assistance. 8. Furnishing of Ey inment A party which furnishes any equipment pursuant to this Agree- ment shall bear the loss or Savage to such equipment and shall pay any expense incurred in the operation and maintenance thereof, Any equipment so furnished shall be operated exclusively by the party providing such equipment, bL'_ be under the direction of the law enforcement officer in charge at the scene, 9. Privileg and Tmmunities All of the privileges and immunities from liability, exemp- tion from laws, ordinances ant rules, and all pension, insurance, relief, disability, workmen's compensation, salary, death and other benefits which apply to the activity of such officers, agents, or employees of any such agency when performing their respective functions within the territorial limits of their respective public agencies shall apply to them to the same degree, manner, and extent while engaged in the performance of any of their functions and duties extraterritorially and ?r the provisions of this mutual aid agreement, The provisions of this section shall apply with equal effect to paid, volunteer, an& auxiliary employees, 10, Insurance Each of the parties hereto shall notify their liability and workmen's compensation insurance carriers of this Agreement and request that their respective insurance policies be so endorsed as to continue all insurance coverages for said party to include any extraterritorial actions which may be occasioned hereunder, 11. Dec of Emergency The effective provisions of this Agreement shall be called into operation upon the declaration of a state of extreme emergency, disaster or local peril,herei ^after_ called police emergencies, by -3- either the duly constituted governing body of the parties hereto or by their respective police chiefs or head law enforcement officers, A local peril or local emergency shall be defined as An emergency created by public calamity which.i,s, or.i.s likely to be, beyond the control of the services, personnel equipment and faci- lities of that public agency and require combined forces of other local public agencies to combat, 12, Operations and Pr oced ur es To the extent that the formal operational provisions of Chapter 23, Part IV, of the Florida Statutes are fully implemented and available to the parties here'. -o, such provisions shall govern the operations and procedures under emergency situations. Otherwise, the following provisions will control, and police equipment and personnel of the parties he -�- to sha'_1 be dispatched to a police emergency as follows: a. In the event --f any police emergency within the territory of any of the parties hereto, the police chiefs or head law enforcement officer in charge of the political agency shall decide whether it is necessary to obtain the assistance of the law enforcement officers of the other parties hereto. If so„ he shall promptly contact all hereto by the most expeditious means and request law enforcement a' a.4d from such other jurisdictions and agencies in acncrdance with established procedures. The aid so requested shall be llm ".o the extent actually required for the emergency sitµation. b. Upon receiv; na such a. r,- -7uest for mutual . law enforce ment aid, the police chiefs or head law enforcement officer in charge of the agency receiving the r�nuest shall have full discre tion to deride whether granting the request for assistance will jeopardize the police protection of that agency, If in his consi- dered opin._on it will, the request sha' -1 be denied,, C. It is expres-71y agreed between the parties: hereto that this Agreement shall net cr;"_ rise to any liability 'Or respon -- sibili for failure to resmond to any request for assistance made under the terms of this Agreement. -4- d. The direction and control of all law enforcement officers, equipment and facilities .responding to police emergencies hereunder shall be under the police. chief or head law enforcement officer in charge of the mur'^ipality which is requesting the assis- tance to handle its emergency. e. If the law enforcement officers of the responding agencies are the first to arrive at the scene of the emergencye the ranking officer thereof shall h.kve authority and control at the scene of the emergency untl.'. the arrival of the law enforcement officers of the agency requesting the assistance. f. If the discovery of a police emergency should be made by the law enforcement officers of an outside agency, they shall promptly notify the police chief or head law enforcement officer of the agency having jurisdiction of the emergency scene. A determination shall _ immediately made by the police chief or head law enforcement officer of said agency concerning the dis- patching of -men and equipment of the respective jurisdictions to combat said emergency.. 13, Ind emnifi ca tion The parties to this Agreement agree to indemnify and hold harmless each other jointly and severally from all suits, any causes o- actions or claims brcug' because of any injuries or damages whether to persons or property arising out of this Agreement. 14, Amendments Amenc'° or modif:'. ^ations to this Agreement can only be made upon the written concurrence of each of the parties hereto. 15. Notice of W _thdrawal None of the partieF to this Agreement shall withdraw from same without first givi�nc- - `hi.r.ty (30) days prior written notice to each of the other 16, Establishment of P rocec'­res The police chiefs or head law enforcement officers of the parties hereto shall establish, develop and implement local plans . and procedures to facilitate the ef-17ective law enforcement partici- pation in enfcrcement problems of major consequences, In addition, they shall intregrate special emergency functions necessary or desirable for the performance of mutual police emergency aid into the normal functions of their respective departments, 17, E Da te This Ind- erlocal Agree -ien­:'_ shall not take effect until it is approved and executed by the three (3) original parties hereto, namely, Jupiter, Tequesta and 7UD ter inlet Colony. The additional parties invited to join in. t' s Agreement, namely, the. Palm Beach County Sheriff's Office any? the Department of Highway, Safety and 'Motor Vehicles, Division Highway Patrol shall become parties hereto at their opt`on in accordance with the procedures set forth in Paragrarh 3 hereof, in addition to the foregoing, this Interlocal Agreement, as a ccncHt_ on precedent to its entry into force,must be submitted to the De artment of Legal Affairs for its review and approval to determine whether this Agreement is in proper form and compatible with t-Ile laws of he State of Florida, Prior to its effectiveness, this In'- ,- -local Agreement and all subsequent amendments hereto shall be filed t�iththe Clerk of the Circuit Court of Palm. Beach County, and with the Department of.Comm =_.pity Affairs of the State of Florida, 13. Agreement Executed in Counterpar This Interlocal Agreement has been executed in several counter- parts by the three (3) original parties hereto and by either or both of the additional parties hereto, The approval by the Department of Legal Affairs and the filing with the Clerk of the Circuit Court of Palm Beach County, and with the Department of Community Affairs of the State of Florida is ' .`.'1�ewse cone by counterpart Each. counter part shall be considered an ex -cuted original, and in mak proof of this IntErlo ~1 Agreem.er- it shall not be necessary to produce or account for more than one counterpart, �,6 IN WITNESS WHEREOF, the parties to this Interlocal Agreement have caused their names to be affixed by their_ respective officers who have been duly authorized to sign and execute same for the pur- poses herein expressed, this � day of ' , 1978. TOWN OF JUPITER Attest; By Donald E. Faucher, Mayor By w: Jea,. H. Beck, Town Clerk VILLAGE OF TEQUESTA Attes5t`;1, By -. oward F. B own, "Mayor By Cyrese olbert, Vil age Clerk JUPITER INLET COLONY Attest; By George K. Bachmann, Mayor By C fe T r M BEACH COUNTY "'?^RIFF'S OFFICE By Richard P. Wille, Sheriff DEPARTMENT OF H'IGHWAY, SAFETY AND MOTOR VEHICLES, DIVISION OF r _:.,ORIDA HIGHWAY PATROL By The above Interlocal Agreement has been submitted to the Department of Legal Affairs who have determined that the Agreement is in proper form and compatible with the laws of the State of Florida, and is hereby approved this day of P 1978, FLORIDA DEPARTMENT OF LEGAL AFFAIRS By 7-