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HomeMy WebLinkAboutDocumentation_Regular_Tab 04_07/12/2018 t�ouEsrq , TEQUESTA POLICE DEPARTI�tENT �;�;, � m� ,� ;'� . � � Aouc�' I�1E1�10RANDUM �,�� T \� To: Michael Couzzo, Village Manage From: Gus Medina, Chief of Polic Date: June 21, 2018 Subject: Mutual Aid Agreement for TPD and Martin County Sheriff's Office -�his item is a 1�lemorandum ��f.���reement for nlutual aid bet�ce�n the Martin Count� Shtriff s Office 11�4CS0> and the Tec�uesta Police Department (TPD). The .a�_reement shall be�in on Jul�� 1?. �O18 or the date it is si�nzd b�� both parties and ���ill end December �1. ?0?l. The a�ireement permits �ol�mtar� cooperation and assistance ot�a routine la�� enforcement nature across jurisdictional lines. The a�reement also declares it ��ill pro��ide for renderin� of assistance in a la�� enforcement emer�7enc� as detined in ��?.3-� F.S. MUTUAL AIO AGREEMENT FOR OPERATIONAL ASSISTANCE&VOIUNTARY COOPERATION BETWEEN THE MARTIN COUNTY SHERIFF'S OFFICE AND THE TEQUESTA POLICE DEPARTMENT This Agreement(Agreement),with revisions,is a renewal of an earlier approved document between the Martin County(FL)SherifYs Office (MCSO)and the Tequesta(FL) Police Department(TPD),which was effective with final signatures on 04/29/2009. Conventions for this Agreement:Grammatical Structures,Acronyms and Definitions • References to the male gender equally apply, as appropriate,to the female gender,and vice versa. • As appropriate,where a term contains the word "man" its meaning may be construed to refer to, as appropriate,males or females. • The commanding officials of the two agencies are the Sheriff, MCSO,o�the Chief,Tequesta Police; where mentioned,their authority extends to their appointed designees • Law Enforcement officer(LEO)-in the case of the TPD, any TPD police officer; in the case of the MC50,any MCSO sherifYs deputy • Subscriber—Individually,each of the two law enforcement organizations affected by this Agreement • Requesting subscriber—Law enforcement agency requesting assistance from the responding subscriber • Respo»ding subscriber—Law enforcement agency which provides assistance(or considers and declines or modi�es level of assistance) The subscribers are located adjacent geographically(including a coterminous land border),therefore, it is to the advantage of both to receive and extend mutual aid in the form of law enforcement services and �esources and to therefore provide,among other unremunerated situations, mutual aid for the following: • Intensive situations,including but not limited to emergencies as defined under§§252.34, Florida statutes(F.S.) • Continuing, multi-jurisdictional law enforcement problems,so as to protect the public peace and safety and preserve the lives and property of the people. The subscribers have authority under§§23.1225 F.S.et.Sec.,The Florida Mutual Aid Act,to enter into a combined Mutual Aid Agreement(Agreement)for law enforcement series which: • Permits voluntary cooperation and assistance of a routine law enforcement nature across jurisdictional lines,and • Provides for rendering of assistance in a law enforcement emergency as defined in §252.34 F.S. Given the foregoing,the subscribers agree to the following provisions. Section i:Provisions for Operational Assistance Each subscriber approves and enters into this agreement whereby either so represented may request and render law enforcement assistance to the other,to include,but not necessarily limited to,dealing 1 with the following: • Civil disturbances and/or large protest demonstrations • Aircraft disasters • Fires(natural or man-caused) • Natural or man-made disasters • Sporting events,concerts and/or parades • Escapes from detention facilities • Incidents requiring use of specialized units,including manpower and equipment Sedion 2: Provisions for Voluntary Cooperation The subscribers approve and enter into this agreement whereby each may request and render law enforcement assistance to the other in dealing with any violations of Florida statutes, including, but not limited to: Investigations, homicides,sex offenses, robberies,assaults and batteries, burglaries, larcenist,gambling,vehicle thefts,drug violations pursuant to Chapter 893, F.S. Additional services might include support of backup services during patrol activities and inter-agency tasks forces and/or joint investigation. Sedion 3:Requesting Assistante Should an event occur whe�ein one subscriber(requesting subsaiber)is in need of assistance as indicated in Sedion 2,it shall notify the other subscriber(responding subscriber�. The head of the responding subscriber(shall evaluate the request,balancing it against available resources at time of request,and respond to the�equesting subscriber in the manner he deems appropriate. , • . Ueletion on request of MC50 OS/2018 Should a subscriber's LEO be in the others jurisdiction fo�matte�s of an incidental or routine nature, e.g.,transiting in a vehicle,attending a meeting or transporting a prisoner,and he observes an F.S. violation, he may render appropriate assistance and act in accordance with law. Should he take law enforcement action he shalf notify/cause to be notified the subscriber agency having jurisdiction at the location,and request�esponse of a� LEO with enforcement authority.On arrival of an LEO with enforcement authority the requesting LEO shall relinquish control of the situation to the former, ofFering any follow-up assistance needed. Such follow-up assistance might include, but not be limited to,the preparation of a written report or statement documenting the event and actions taken by the first observing LEO. The provisions of the preceding paragraph are not intended to grant general authority to conduct investigations or serve warrants and/or civil process,but are intended to address critical, life- threatening,or public safety situations, prevent bodily injury to citizens or secure apprehension of a criminal the LEO may encounter. Agency heads'decisions in the matters of this section are final. 2 Section 4:Supervisory&Command Responsibility Personnel and equipment assigned by the assisting agency head shall be under the immediate command of a supervisor designated by the assisting agency head. The supervisor shall be under the direction,supervision and command of the agency head of the agency requesting assistance. Section 5:Indemnification;liability To the extent it is responsible,each subscriber agency engaging in any cooperation and assistance pursuant to this Agreement,agrees(with respect to any third party suit or claim for damages�esulting f�om any/all negligent acts,omissions or conduct of such agenc�s own employees occurring while engaging in rendering such aid pursuant to this Agreement),to hold harmless,defend and indemnify the other participating subscriber and its employees or appointees,and to assume full responsibiliry for the same,subject to §768.28 F.S.,where applicable,and provided such agency shall have control of the defense of any suit or claim to which said duty to indemnify and assumption of responsibility applies. Section 6:Powers,P�ivileges,Immunities&Costs Employees of each subscriber,when actually engaging in mutual cooperation and assistance outside its jurisdictional limits but within the State of Florida,under the te�ms of this Agreement,shall, pursuant to the provisions of§23.127(1) F.S., have the same powers,duties,rights, privileges and immunities as if its employees were performing duties inside their own political subdivision. Each subscriber shall furnish necessary personnel,resources and facilities and to render services to the other, but neither agency is obligated to unreasonably deplete its own personnel,equipment, resources,facilities and service in furnishing such mutual aid. The subscriber agency furnishing equipment pursuant to this Agreement agrees to bear the cost of loss or damage to that equipment and must pay any expense incurred in the operation and maintenance for that equipment. Subject to the reimbursement provisions of Section 8,infra.the subscriber furnishing aid or personnel pursuant to this section shall compensate its appointees/employees du�ing the time such aid is rendered and shall pay any amounts due for compensation due to personal injury or death while such employees are engaged in rendering such assistance. 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 a subscriber's employees when performing employee's duties within the territorial limits of the employee's agency,appty to the employees in the same degree,manner, and extent while engaged in the perFormance of the employees'duties extra-territorially under the ' provisions of this Agreement. These provisions apply to paid,volunteer and reserve employees. 3 Nothing herein shall prevent the requesting subscriber from requesting supplemental appropriations from the governing authority having budgeting jurisdiction to reimbu�se the assisting subscriber for any actual costs or expenses incurred by the assisting agency performing hereunder. Section 7: Insurance Each subscriber shall provide satisfactory proof of liability insurance in an amount which is,in the judgment of the governing body of that agency,at least adequate to satisfy the risk to which that agency may be exposed in the fulfillment of its obligations under this Agreement. However,should any part of such coverage amount be cancelled or materially change,the affected subscriber shall notify the other subscriber of such cancellation o�change within ten calendar days of receipt of notice,or actua! knowledge of such change,whichever occurs earlier. Section 8: Reimbursements for costs and expenses The subscribers acknowledge and agree that with respect to any aid/services provide pursuant to provisions of Section 2,there shall be no reimbursement fo�costs/expenses incurred by the responding subscriber agency. However,this provision shall not be interpreted to prevent the requestor subscriber from agreeing in advance to pay for the costs or expenses of the assistance even if the responding subscriber or its employees benefit there from. The subscribers acknowledge and agree that with respect to any aid/services provided pursuant to Section 1,the responding subscriber is entitled to reimbursement for investigative expense,including, but not limited to car rentals, hotel rentals and other incidental expenses reasonably incurred by it in providing assistance to the requesting subscriber. Such reimbursement under this section does not include reimbursement for the responding subscriber's employees or overtime pay thereof. To be entitled to reimbursement for investigative expenses related to operational assistance,the responding subscriber shall first obtain prior written authorization from the requesting subscriber(the requesting subscriber would ultimate bear investigative expenses. Section 9:Forfeitures or Other recoveries In this section,proceeds is de�ned as the residual amount of seized monies or valuable property. Residual refers to monies and valuables available for distribution to the subscriber agencies after the forfeiting subscribers costs and legal expenses have been satisfied. In response situations whe�ein forfeiture of seized property is likely,the subsc�ibers shall endeavor to agree in advance to the to an equitable sharing arrangement of the proceeds If such advance agreement cannot be made,such proceeds shall be equitably distributed in a manner reflective of the time, manpower and resources contributed by eacfi subscriber agency. Section 10:Lost or Abandoned Property Should any lost or abandoned property,or unclaimed evidence(as these terms are defined in law),be found, located,or seized by either subscriber agency,both subscriber agencies agree to dispose of said property/evidence through public sale or auction,and the net proceeds shall be equally distributed among the two,and to the extent that Florida law allows such net proceeds to be retained. Individual exceptions to this disposal procedure may occur with mutual written consent of both subscribers. 4 Section 11:Effective Date;Cancellation Upon execution and approval by signatory officials on the page following,this Agreement takes effect upon signature of the last official to do so,completing the signature page. The fully-executed Agreement remains in full force and effect until December 31,2021, provided that either subscriber may cancel participation in this agreement by delivery of written notice to the other. This agreement may not be renewed,amended or extend except in writing. END OF TEXT 5 IN WITNESS WHEREOF,the agencies hereto cause these presents to be signed on the date specified. Si?ned, seal��d and delivered In the presence of: Office of the Sheriff of Martin Countv G,Q �zz �� Witnes to She� (Date) William D. Snyder, Sheriff (Date) �'x � heriff's Attorney Review (Dat Villa�e of Tequesta Police Deaartment BY: Witness as to Chief of Police (Date) Gustavo Medina, Police Chief(Date) BY: Attomey Review (Date) Abby Brennan,Mayor (Date) ATTEST: Village of Tequesta DATE: BY: Lori McWilliams,CMC, Village Clerk Michael Couzzo, Village Manager [Village Seal] APPROVED AS TO FORM AND LEGAL SUFFIC[ENCY DATE: Village Attorney 6 PUBLIC RECORDS. In accordance with Sec. 119.0701, Florida Statutes, CONTRACTOR must keep and maintain this Agreement and any other records associated therewith and that are associated with the performance of the work described in the Proposal or Bid. Upon request from the Village's custodian of public records, CONTRACTOR must provide the Village with copies of requested records, or allow such records to be inspected or copied, within a reasonable time in accordance with access and cost requirements of Chapter 119, Florida Statutes. A CONTRACTOR who fails to provide the public records to the Village, or fails to make them available for inspection or copying, within a reasonable time may be subject to attorney's fees and costs pursuant to Sec. 119.0701, Florida Statutes, and other penalties under Sec. 119.10, Florida Statutes. Further, CONTRACTOR shall ensure that any exempt or confidential records associated with this Agreement or associated with the performance of the work described in the Proposal or Bid are not disclosed except as authorized by law for the duration of the Agreement term, and following completion of the Agreement if the CONTRACTOR does not transfer the records to the Village. Finally, upon completion of the Agreement, CONTRACTOR shall transfer, at no cost to the Village, all public records in possession of the CONTRACTOR, or keep and maintain public records required by the Village. If the CONTRACTOR transfers all public records to the Village upon completion of the Agreement, the CONTRACTOR shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the CONTRACTOR keeps and maintains public records upon completion of the Agreement, the CONTRACTOR shall meet all applicable requirements for retaining public records. Records that are stored electronically must be provided to the VILLAGE, upon request from the Village's custodian of public records, in a format that is compatible with the Village's information technology systems. IF CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, PLEASE CONTACT THE VILLAGE CLERK, RECORDS CUSTODIAN FOR THE VILLAGE, AT (561) 768-0685, OR AT Imcwilliams(�tequesta.orq, OR AT 345 TEQUESTA DRIVE, TEQUESTA, FLORIDA 33469.