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Home My WebLink AboutDocumentation_Regular_Tab 11_09/14/2006 VILLAGE OF TEQUESTA MEETING AGENDA ROUTING SHEET MEETING DATE: September 14, 2006 REQUESTED ACTION/SUMMARY: The Tequesta Police Department is requesting Council's approval of a Mutual Aide Agreement with the Palm Beach County Sheriff's Office. This agreement will authorize the Tequesta Police Department to enforce traffic and criminal offenses within the County Pocket located south of Coral Cove Park, 19450 State Road 707, Tequesta, Florida. RESOLUTION OR ORDINANCE NUMBER: Res #_101-OS/06 Ord # ORIGINATING DEPARTMENT: Tequesta Police Department FUNDING SOURCE: ACCOUNT NUMBER: CURRENT BUDGETED AMOUNT AVAILABLE: ; ,, ; ; ; AMOUNT OF THIS ITEM: $ AMOUNT REMAINING AFTER THIS ITEM: $ BUDGET TRANSFER REQUIRED: ❑ Yes X No APPROPRIATE FUND BALANCE: ❑ Yes X No Piggyback Contract Name and #: Or Competitive Bid # APPROVALS: DEPARTMENT HEAD• � - � FINANCE DIRECTOR: �� VILI,AGF, MANAGF�� =r..-------__..-----6._--- _ VILLAGE MANAGE RECOMMENDATION: ; APPROVE ITEM: � DENY ITEM: ❑ VILLAGE ATTORNEY: APPROVED FOR LEGAL SUFFICIENCY ❑ Yes ❑ No � Not Applicable (n/a) : ouES ' TEQUESTA POLICE DEPARTMENT �� • � '��' ,� � r q �, , :�,'""' • � A �` �, . MEMORANDUM �"s,�0.�' o u c . �.1-�i+. ` DEPT � To: Michael R. Couzzo Viliage Manager From: Chief William E. McCollo Date: August 30, 2006 Subject: CORAL COVE PARK MUTUAL AIDE AGREEMENT We are now prepared to move forward with the Mutual Aide Agreement between the Paim Beach County Sheriff's Office and the Tequesta Police Department, which will allow our agency to enforce traffic and criminal offenses in the area just south of Coral Cove Park. This area has periodically been a location of illegal activity. By entering into the Mutual Aide Agreement we will be able to better protect and serve the Tequesta residents on Beach Drive. Attorney Hawkins has reviewed the agreement and, after correcting a few typographical errors and grammar, has approved the agreement for its legal form and sufficiency. The Palm Beach County Sheriff's Office has reviewed the corrections and agreed to the changes. I have attached the emails between Attorney Hawkins, Palm Beaeh County Sheriff's Office Lieutenant Carroll, and me, which indicates all parties have agreed to the final language in the agreement. The Mutual Aide Agreement is now ready to be presented to the Council for their approval. I am requesting that you receive authorization from the Village Council to execute this agreement on behalf of the Village of Tequesta. RESOLUTION NO. 101-OS/06 A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, APPROVING A MUTUAL AIDE AGREEMENT BETWEEN THE PALM BEACH COUNTY SHERIFF'S OFFICE, PALM BEACH COUNTY, FLORIDA, AND THE TEQUESTA POLICE DEPARTMENT, TEQUESTA, PALM BEACH COUNTY, FLORIDA, ALLOWING THE TEQUESTA POLICE DEPARTMENT TO ENFORCE TRAFFIC AND CRIMINAL LAWS WITHIN THE COUNTY POCKET LOCATED SOUTH OF CORAL COVE PARK, 19450 STATE ROAD 707, TEQUESTA, FLORIDA, DESCRIBED MORE FULLY 1N ATTACHMENT "B" AND AUTHORIZING THE VILLAGE MANAGER 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 Aide Agreement between the Palm Beach County Sheriff's Office and the Tequesta Police Department, attached hereto as exhibit "A", is hereby approved and the Village Manager of the Village of Tequesta is hereby authorized to execute the same on behalf of the Village of Tequesta. Section 2. There is no change to the "general fund." 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 day of , A.D., 2006. MAYOR OF TEQUESTA James Humpage ATTEST: Gwen Carlisle Village Clerk EXHIBIT A jo��s �V�.71 I.�'.R i�laglerCenterTowef�, Suite 1100 hluili��4 Adrlrrss ��N 5(l5 South Fla�ler Driue Post Ot�ice Bo� 347,5 ��J.E�17�,7� Pl�.. WesE P <�hn Beach, rlo�icla 334(?1 West P.�l��i Beach, �lor'scla 33=#0?-3475 lelephane fSCs1) (59-30(l0 Attarneys and Ca�nsetoa�s Scott G, Hawkins, Esquire Board Certified in Business L,i#igation L.aw by the Florida Bar Direct DiaL• 561-650-0460 Oirect Fax: 561-650-0436 E-Mail: shawkins@janes-faster.com August 31, 2Qq6 V1A EMAILiP[?F William E. McCoflom Tequesta Poli�e Dept, 357 Tequesta Drive Tequesta, FL 33469 Re: Village of Tequesta Dear Chief: Per our recent cammunicatians, I have reviewed the proposed Mutual Aid Agreement for the "County Pocket" just South of Coral Cove Park. This Agreement is typicalty referred ta as the "Cora1 Cove Park Mutual Aid Agreement". ! have reviewed the draft Agreement between the ViHage of Teqi�esta and the Sheriff of Palm Beach County and apprave of the Agreement as to Isgal form and sufficienGy. lf you have any questians regarding my review, pieas� cc�ntact me. I understand tMat my last round of proposed ehanges have been incarporated in #he finaf Agreement. Very truly yot�rs, .1aNES, F4STER, ,1�HNSTON & STUBBS, P,A. ., _ � By ' L ' ti� Scott G. Hawkins SGH:Io P:IDOGSt737531000011LTR190L1237 DOC zvwzv. jones fosEer.ca�rr MITTi.TAL A�D AGREEMENT "CO�TNTY POCI�.�'T" JUST SOiTT�i OF COlaAL COVE PA� 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 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 for law enforcement services which permits voluntary cooperation and assistance of a routine law enforcement nature across jurisdictional lines, and W�VhiiEREAS, there is located just south of Coral Cove Park, located at 19450 State Road 707, undeveloped county owned property, otherwise known as a"county pocket", located contiguous with the Village of Tequesta, and whereas law enforcement assistance within this "county pocket" by the Tequesta Police Department would promote an effective approach to the enforcement of traffic and criminal laws within this "county pocket"; NOW THEREFORE, the parties agree as follows: PROVISION FOR VOLUNTARY COOPERATION 1. The Subscribing Law Enforcement Agencies hereby approve and enter into this Agreement whereby each of the Agencies may request and render law enforcement assistance to the other for the purpose of jointly addressing traffic enforcement and criminal activity within a"county pocket" located just south of Coral Cove Park, 19450 State Road 707, Tequesta, Florida, described more fully in E�ibit "A". PROCEDURE FOR REQUESTING ASSISTANCE 2. Law enforcement assistance as set forth above, must be pre-approved by the Agency Head or designee before responding to said request. It is understood and agreed that the request for law enforcement assistance as set forth above, is deemed to be an ongoing request for the duration of this Agreement. Further, in the event that any law enforcement action is taken within the "county pocket" herein described, by law enforcement officers of the Village of Tequesta, the Palm Beach County Sheriff's Office shall be notified. 3. 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. 4. No Agency Head or his/her designated representatives shall be empowered under this Agreement to operate in another jurisdiction without prior approval of the Agency Head or Designee having jurisdiction. The Agency Head's or Designee's decision in these matters shall be final. 5. The Tequesta Police Department agrees to adhere to the Palm Beach County Sheriff's Office General Order 522.00 (Critical Incident Investigations), which is herein incorporated by reference as E�iibit "B", if a member of the Tequesta Police Department is involved in a"critical incident" as defined in that General Order, while rendering law enforcement assistance as set forth in this Agreement. 6. Further, the Tequesta Police Department agrees that if one of their law enforcement officers is involved in a critical incident, the "involved" or "witness" officer will remain at the scene of the critical incident and comply with Palm Beach County Sheriff's Office General Order 522.00. COMMAND AND SUPERVISOR RESPONSIBILITY 7. The personnel and equiprnent 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 Law Enforcement Agency requesting assistance. 8. Whenever a law enforcement officer is rendering assistance pursuant to this Agreement, the law enforcement 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 sha11 control and shall supersede the direct order. 9. Whenever there is a 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; 2 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. 10. 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 the 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. LIABII.ITY 11. Each agency engaging in any mutual cooperation and assistance, pursuant to this Agreement, agrees to assume responsibility for the acts, omissions, and conduct of such agency's own employees while engaged in rendering aid pursuant to this Agreement, subject to the provisions of Section 768.28, Florida Statutes, where applicable. POWERS, PRIVII.EGES, IMMUNITIES AND COSTS 12. Under the terms of this Agreement, an employee of a subscribing law enforcement agency, when actually engaging in mutual cooperation and assistance outside of the jurisdictional limits of said agency, but inside this county, shall, pursuant to the provisions of Section 23.127(1), Florida Statutes, have the same powers, duties, rights, privileges and immunities as if the employee was performing duties inside the jurisdiction of the agency which normally employs said employee. 13. Each agency 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 fizrnishing such mutual aid. 14. A political subdivision 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. 15. The agency furnishing aid pursuant to this section shall compensate its employees during the time such aid is rendered and shall defray the actual travel and maintenance expenses of its employees while they are rendering such aid, 3 including any amounts paid or due for compensation due to personal injury or death while such employees are engaged in rendering such assistance. 16. The privileges and 'unmunities from liability, exemption from laws, ordinances and rules, and all pension, insurance, relief, disability, worker's 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. 17. Nothing herein shall prevent the requesting agency frorn 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. INSiJRANCE 18. Each party shall provide satisfactory proof of liability insurance by one or more of the means specified in Section 76$.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. 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 (1) year periods unless notice of termination is provided. CANCELLATIOI�T 20. Any agency may cancel their participation in this Agreement upon delivery of written notice to the other agencies. Cancellation will be at the direction of any subscribing agency. IN WITNESS WI�EREOF, the agencies hereto cause these presents to be signed on the date specified. 4 SI�ERIF�+ OF PAI,M �EACki COIJNTY Witness Signature Sheriff of Palm Beach County Witness I'rinted Name Date TEQUESTA POLICE DEPARTMENT Witness Signature Mayor of the Village of Tequesta Witness Printed Name Date 5