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HomeMy WebLinkAboutDocumentation_Regular_Tab 12E_03/11/2004 RESOLUTION NO. 00 — 03/04 A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, PAI�M BEACH COUNTY, FLORIDA, APPROVING A MUTUAL AID AGREEMENT BETWEEN THE TOWN OF JUPITER ISLAND PUBLIC SAFETY DEPARTMENT AND THE VILLAGE OF TEQUESTA, ESTABLISHING OPERATIONAL ASSISTANCE AND VOLUNTARY COOPERATION ACROSS JURISDICTIONAL LINES, 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 VILLP,GE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, AS FOLLOWS: Section 1. The Mutual Aid Agreement between Town of Jupiter Island Public Safety Department and the Village of Tequesta establishing operational assistance and voluntary cooperation across jurisdictional lines, attached hereto as exhibit "A", is hereby approved and the Village Manager 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 vote, the vote was as follows: FOR ADOPTION AGAINST ADOPTI�N MUTUAL AID AGREEMENT COMBINED OPERATIONAL ASSISTANCE AND VOLUNTARY COOPERATION This Mutual Aid Agreement is entered into the day of , 2004 by and between the Tequesta Police Department ("Tequesta"), and Jupiter Island Public Safety Department ("Jupiter Island"). Each is referred 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 advanta.ge 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 but 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 voluntaxy 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. 1 SECTION II: PROVISIONS FOR VOLUNTARY COOPERATION Tequesta and Jupiter Island hereby approve and enter 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 andlor 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 includin� but not limited to a follow-up written report documenting the event and the actions taken. This provision 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 2 shall be defined as the amount of money or property 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 Agreement, both parties further agree to dispose of said property through public sale or auctions, the net proceeds of which shall be equally distributed between the agencies participating in the Agreement. 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 By: Witness as to Chief of Police Stephen J. Allison, Chief of Police (date) Witness as to Chief of Police Village of Tequesta B Village Attorney's Review Michael Couzzo, Village Manager (date) 5