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HomeMy WebLinkAboutDocumentation_Regular_Tab 07B_02/08/2001 �a Memorandum TO: Michae4 �ou��o, Vi!lage Manager FRp!�!! St@��??!? J. Alfson, Chief of Pnlice,�� Sub��ct: Counci{ Agenda ltem — Mutua! Aid Agreement DatQ: January 28, 2Q01 A±tached is a copy of a mutua! aid agreement between the Martin County Sheriff's Office and #he Village of Tequesta Police Department. Mr. Randolph has rA�: ie:��ed ar!� arpre�,re� the �e�al form and sufficiency of this docum�nf. !f you approve, ! would like for this agreement to. go. to Council for approval at the Fe�r�.��ry 8, 2001 Goa!�ci! meeting. � � RESOLUTION NO. 19 - 00/Ol A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, APPROVING A MUTUAL AID AGREEMENT BETWEEN THE MARTIN COUNTY SHERIFF'S OFFICE AND THE VILLAGE OF TEQUESTA, ESTABLISHING OPER.ATIONAL ASSISTANCE AND VOLUNTARY COOPFsRATION 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 VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, AS FOLLOWS: Section 1. The Mutual Aid Agreement between Martin County Sheriff's Office 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 ADOPTION i r r �, � ls The Mayor thereupon declared the Resolution duly passed and adopted this day of , A.D., 2001. MAYOR OF TEQUESTA Joseph N. Capretta 'ATTEST: Joann Manganiello Village Clerk Word/Resolutions/Martin County Mutual Aid �` � Flagler Ccnter Tower. Suite 1100 Muiling Address � F�STER jOHNS 505 South Flagler Drive Post Office Box 3475 ����� W�st Palm E3each. Florida 33401 West Palm Beach, Florida 33�102- �-47� / Telephune (56 1 1 659-3000 Facsimile (56l ) 832-145-1 Attorneys and Counselors John C. Randolph, Esquire Direct Dial: (561) 650-0458 E-mail: jrandolph@jones-foster.com January 22, 2001 VIA FAX: 575-6218 Stephen J. Allison, Chief of Police TPa:�estu Pn1��P T�e�artxr!er,t Post Office Box 3273 Tequesta, Florida 33469-0273 RE: Village of Tea,�est� Mutual Aid Agreement Combined Operational Assistance and Voluntary Cooperation Our File No. 13153.1 Dear Chief Allison: I have reviewed and approved as to legal form and sufficiency the Mutual Aid Agreement between the Village of Tequesta Police Department and Martin County Sheriff s Office. Please advise if you have any questions or comments. Sincerely, JONES, FOSTER, JOHNSTON & STUBBS, P.A. ,� ,. ♦ %: " ' , ✓ ,i �/`-�:' John C. Randolph JCR/ssm cc: Michael R. Couzzo, Jr., Village Manager MUTUAL AID AGREEMENT COMBINED �PERATIONAL ASSISTANCE AND VOLUNTARY COOPERATION This Mutual Aid Agreement is entered into the day of , 2001 by and between the Martin County Office of the Sheriff ("Sheriff s Office"), and Village of Tequesta Police Department ("Law Enforcement Department"), or reference to both as the "Agencies", to be as follows: 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 but not limited to emergencies as defined under Section 252.34, F.S.; and, (2) Continuing, multi j urisdictional law enforcement problems, so at to protect the public peace and safety, and preserve the lives and property of the people; and, WHEREAS, The Sheriffs Office and the Law Enforcement Department 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 Each the Sheriff s Office and the Law Enforcement Department 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 Each the Sheriff s Office and the Law Enforcement Department hereby approve and enter into this agreement whereby each the Sheriff s Office and the Law Enforcement Department may request and render law enforcement assistance to the other in dealing with any violations of Florida Statutes to include, but not necessaxily 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 REQUESTIN.G ASSISTANCE A. Tn the event that a party to this agreement is in need of assistance as set forth above, such party shall notify the agency or agencies from whom such assistance is required. The Sheriff or his authorized designee, for the Sheriffs Office, and the Chief of Police or his or her authorized designee as to the Law Enforcement Department, whose assistance is sought shall evaluate the situation and his/her available resources, and wi1: res�c���u� in a manner he/she deems appropriate. B. 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. _ _ - C. Should a sworn law enforcement officerbe 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 his/her respective agency, he/she 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, o� .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 2 � � supervising officer shall be under the direct supervision and command of the agency head or his/her designee of the department requesting assistance. SECTION V: INDEMNIFICATION/LIABILITY Each party engaging in any mutual cooperation and assistance, pursuant to this agreement, agrees with respect to any 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 party and its appointees or employees, and to assume full responsibility for same, subject to provisions of Section 768.28, Florida Statutes, where applicable, and provided such party shall have control of the defense of any suit or claim to which said duty to indemnify and assumption of responsibility applies. SECTION VI: POWERS, PRIVILEGES, IMMUNITIES AND COST5 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 agreen�ent, s�ra�l, �,�rsuant to the provisions of Section 23.i2 i��}, Y�.�., :�uv� �he 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 necessarypersonnel, 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. C. A political 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. The agency furnishing aid pursuant to this section shall compensate its appointeesJemployees 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, including any amounts paid or 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, ordinan�es 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 sections shall apply with equal effect to paid, volunteer, and reserve employees. 3 ! 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. Should the insurance coverage, however provided, of any party be cancelled 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. SECTION VIII: REIMBURSEMENT FOR COSTS AND EXPENSE5 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 �reven� the requesting agency from agreeing in advari:,� i� �Suy 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 incidental 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 propei ty 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. 4 , 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 and effect until December 1, 2005. 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 direction of any subscribing party. END OF TEXT 5 w. • IN WITNESS WHEREOF, the parties hereto cause these presents to be signed on the date specified. Signed, sealed and delivered in the presence of: Office of the Sheriff of Martin County, Florida Witness as to Sheriff , By: Robert L. Crowder, Sheriff Witness as to Sheriff (date) Sheriff's Attorney Review Law Enforcement Department Witness as to Chief of Police By: Stephen Allison, Chief of Police (date) Witness as to Chief of Police Village of Tequesta Village Attorney's Review By: Michael Couzzo, Village Manager (date) 154729.2 6