HomeMy WebLinkAboutDocumentation_Regular_Tab 04_09/11/2008
1. VILLAGE COUNCIL MEETING:
VILLAGE OF TEQUESTA
AGENDA ITEM TRANSMITTAL FORM
Meeting Date: Meeting Type: Ordinance #: N/A
September 11, 2008 Regular
Consent Agenda: Yes Resolution #: N/A
Originating Department:
Police
2. AGENDA ITEM TITLE: (Wording form the SUBJECT line of your staff report)
Interagency Agreement between the Department of Correction and the Village of Tequesta promoting public safety by
reducing crime and recidivism by offenders under community supervision in the county through the efficient administration
of policing and correctional services.
3. BUDGET /FINANCIAL IMPACT:
Account #: N/A Amount of this item: N/A
Current Budgeted Amount Available:
N/A Amount Remaining after item:
N/A
Budget Transfer Required: No Appropriate Fund Balance: No
4. EXECUTIVE SUMMARY OF MAJOR ISSUES: (This is a snap shot description of the agenda item)
The goal of the Agreement is to improve the administration of criminal justice throughout Palm Beach County,
Florida, by improving the efficiency of the interaction between the offices of the Department of Correction and
the Tequesta Police Department.
Each party will retain responsibility for its personnel, and for any fiscal and/or administrative services utilized in
support of the Agreement.
The parties agree to support and participate in this partnership and its endeavors, objectives, and goals, which
are directed only towards offenders under supervision of the Department.
5. APPROVALS: -
Dept. Head: Finance Director:
Attorney: (for legal sufficiency) See attached
^ Approved
^ No Financial Impact
Yes ® No ^
Village Manager: ~Y----"'~
• SUBMIT FOR COUNCIL DISCUSSION: [~
• APPROVE ITEM: [~
• DENY ITEM: ^
Form amended 08/26/08
Routing Sheet Process
1. Send ALL completed forms to
Finance for review ONE WEEK prior
to agenda items due into Clerk's
Office.
2. Finance sends Routing Sheet to
Clerk by deadline.
3. Clerk formulates agenda and sends
to Manager for review /approval.
Tequesta Police Department
Memorandum
McCollom, William
From: keith W. Davis [keithQcorbettandwhite.com]
Sent: Tuesday, August 26, 2008 3:59 PM
To: McCollom, Wi16am
Subject: RE: Interagency Agreement DOC_ Village.pdf -Adobe Acrobat Standard
Approved for form and sufficiency.
Keith W. Davis, Esq.
Corbett and White, P.A.
Tel: (561) 586-7116
From: McColiom, William [mailto:wmccallom@tequesta.org]
Ser1t: Monday, August 25, 2008 3:50 PM
To: keith W. Davis
Subject: Interagency Agreement DOC_ Village.pdf -Adobe Acrobat Standard
Please review the attached Agreement for legal form and sufficiency. This is the second review on this Agreement. The
authors have made the changes you recommended on your first review.
Chief William E. McCollom
Tequesta Police Department
357 Tequesta Drive
Tequesta, Fl 33469
(561) 744-4019
(561) 745-7877 FAX
(561) 431-0572 eFax
wmccollom@tectuesta.orq
FLORIDA
DEPARTMENT of
CORRECTIONS
An Egual Opportunity Employer
Governor
CHARLIE GRIST
Secretary
WALTER A. McNEIL
2601 Blair Stone Road • Tallahassee, FL 32399-2500
August 21, 2008
Tequesta Police Department
Attn: Chief of Police William McCollom
357 Tequesta Drive
Tequesta, Florida 33469
RE: Interagency Agreement
Dear Chief William McCollom:
http: //www. dc. state. fl. us
Enclosed for signature are two revised originals of Agreement #A1748, between the Department
of Corrections and Tequesta Police Department to collaborate in promoting public safety for the
citizens of Palm Beach County, Florida by reducing crime and recidivism by offenders under
community supervision in the county through the efficient administration of policing and
correctional services.
Please sign both originals of each Agreement, and keep one original for your files and return the
other original to me for further processing and execution. If you should have any questions or
concerns please contact me at (561) 837-5175.
Si ely,
Rosalyn Baker,
Circuit Administrator
RB/slf
Attachment
Florida Department of Corrections
423 Fern Street, Suite 100, West Palm Beach, Florida 33401
(561) 837-5175, Fax: (561) 822-4524
Agreement #A1748
INTERAGENCY AGREEMENT
ESTABLISHING A
COMMUNITY PARTNERSHIP
Between
The Florida Department of Corrections
and
TEQUESTA POLICE DEPARTMENT
This Agreement is entered into on the date subscribed below, by and between the Department of
Corrections, Region III, Circuit 15, Community Corrections, Palm Beach County, Florida,
("Department") and the Tequesta Beach Police Department ("Agency"), located in Palm Beach
County, Florida, which are the parties hereto.
WITNESSETH
WHEREAS, the Department and the Agency are governmental offices that will comprise a
Community Partnership ("Partnership") in Palm Beach County, Florida for the purposes
specified herein; and
WHEREAS, the diverse responsibilities of and services provided by the Department and the
Agency are integral to the administration of criminal justice in Palm Beach County, Florida; and
WHEREAS, the Department and the Agency share the common goal of promoting public safety
for the citizens of Palm Beach County, Florida, by reducing crime and recidivism by offenders
under community supervision in the county through the efficient administration of policing and
correctional services; and
WHEREAS, the Department and the Agency recognize that the effective performance of their
respective duties and the quality of the administration of the Partnership established by this
Agreement are dependent upon the efficient interaction of their offices and the mutual exchange
of information and records; and
WHEREAS, the Department and the Agency recognize that a team problem-solving approach
will more effectively address the issues facing their respective offices and that each could benefit
from the other due to the variety of their collective perspectives, experiences, and available
resources.
NOW THEREFORE, subject to controlling law, rules or regulations and governing policies
and/or procedures, and in consideration of the mutual interests and understandings expressed
herein, the parties agree as follows:
I. TERM OF AGREEMENT
This Agreement shall begin on the date on which it is signed by both parties, and
shall end at midnight three (3) years from the date of execution. In the event this
Agreement is signed by the parties on different dates, the latter date shall control.
Model CC-CPA
Revised 10-16-07 Page 1 of 8
Agreement #A1748
II. SCOPE OF AGREEMENT
A. Overview
The parties shall work together in their goal of improving the administration of
criminal justice in Palm Beach County, Florida, by:
1. Improving the efficiency of the interaction of their offices;
2. Facilitating the exchange of information and records between the parties
collected and maintained by each; and
3. Wherever pertinent, utilizing a team problem-solving approach to address the
issues facing their respective offices and the criminal justice system.
Each party will retain responsibility for its personnel, and for any fiscal and/or
general administrative services utilized in support of this Agreement.
The parties agree to support and participate in this partnership and its endeavors,
objectives, and goals, which are directed only towards offenders under the
supervision of the Department.
B. Joint Responsibilities
1. To further enhance public safety, each party agrees to commit its available
resources to the Partnership to apprehend probationers, parolees, conditional
releasees, and any other offender(s) under the supervision of the Department
who have violated supervision terms established by the applicable sentencing
authority.
2. Each party agrees to provide a designee to attend and serve as its
representative at Partnership meetings and further agrees that such meetings
will be regularly held to discuss issues and methods to better achieve the goals
of the Partnership.
3. The parties agree to exchange information as to their respective duties,
responsibilities, and roles within the criminal justice system, their required
interaction with, and reliance on, the other party, and their goals and
objectives in order to maximize the use of resources and personnel.
4. The parties agree to the extent allowable by law, rule, or regulation, to provide
immediate exchange of information regarding offenders, including suspected
violations of supervision.
5. In order to maximize the use of resources and personnel, the parties agree to
identify common, shared, or related duties, responsibilities, and goals and to
Model CC-CPA Page 2 of 8
Revised 10-16-07
Agreement #A1748
coordinate the delivery of services to eliminate duplicity of effort and
unnecessary cost.
6. The parties agree to discuss and establish Partnership policies and procedures
for the sharing or pooling of resources and equipment to assist in improving
the delivery and quality of their services.
7. The parties agree to establish Partnership procedures for communicating the
initiatives and directives of the Partnership to their respective personnel for
action and implementation.
8. The parties agree to discuss, formulate, and implement plans to educate the
public about the duties and responsibilities of their respective offices.
C. Responsibilities of the Department
1. The Department shall dedicate certain officers and resources for the purposes
of identifying dangerous at-risk offenders under supervision within the
Agency's jurisdiction.
2. The Department shall exchange with the Agency the following current
information on absconders and offenders under the Department's supervision:
addresses, offenses, conditions of supervision and criminal histories.
3. The Department shall make initial contact with supervised offenders within
the Agency's jurisdiction unless the situation dictates a warrantless arrest
where the probation officer needs assistance from the Agency's or other law
enforcement agency's officers in transporting the offender to the county jail.
4. The Department shall compile and disseminate to Partnership participants
pertinent reports on the status of targeted offenders.
5. The Department shall participate in Ride-Alongs within the Agency's
jurisdiction, in order to familiarize the Agency with the whereabouts,
descriptions and conditions of supervision of its community control offenders,
sexual predators, sexual offenders and high risk offenders, and to ensure that
all violations are communicated to the supervising officers for notification to
the applicable sentencing authority. All officers who volunteer for Ride-
Alongs must have received current mandatory use-of--force training in
accordance with the "Use-of--Force in Community Corrections", Procedure
302.313. Probation officers with less than six (6) month's experience will be
accompanied by a supervisor, senior officer or specialist.
6. The Department shall provide violation warrants or a probable cause affidavit
to the Agency to conduct a warrantless arrest or to expedite the arrest process
for an active warrant, and assist the Agency as necessary in serving those
warrants.
Model CC-CPA Page 3 of 8
Revised 10-16-07
Agreement #A1748
7. The Department shall conduct administrative searches within the Agency's
jurisdiction in accordance with Department Procedure 302.311 to ensure that
offenders are in compliance with their terms of supervision.
8. The Department shall provide training to Agency's officers in accordance
with Rule 33-302.108, F.A.C. and with Department Procedure 302.311, on
participation in warrantless arrests.
9. The Department shall not participate in law enforcement activities where a
non-Department offender is involved.
D. Responsibilities of the A ency
1. The Agency shall exchange with the Department current information and
documentation on absconders and offenders under the supervision of the
Department.
2. The Agency shall assist probation officers on field visits to offender
residences and places of employment within the Agency's jurisdiction as
necessary to execute a warrant or warrantless arrest.
3. The Agency shall assist probation officers in serving Violation of Supervision
and absconder warrants.
4. The Agency shall provide safety for probation officers while they conduct
administrative searches within the Agency's jurisdiction to ensure the
offender's compliance with the terms of supervision, by controlling the
offender, family members or others present during the search, end shall
transport the offender to the county jail, if warranted.
5. The Agency shall provide assistance in identifying, receipting and securing of
any property seized during a search conducted by the Department within the
Agency's jurisdiction.
6. The Agency shall advise the Department of any violations of supervision that
an offender commits in the presence of the Agency's officer(s), and shall
conduct a warrantless arrest upon confirmation with the Department that a
violation has occurred.
7. The Agency shall assist the Department in transporting and/or arresting
absconders or offenders within the Agency's jurisdiction or as otherwise
permitted by law, if the offender is found to be in violation of supervision.
The Agency shall ensure that its officers are knowledgeable of and act in
accordance with Department Procedure 302.311, when participating in this
type of warrantless arrest.
Model CC-CPA Page 4 of 8
Revised 10-16-07
Agreement #A1748
8. The Agency shall conduct surveillance on high-risk offenders within the
Agency's jurisdiction as permitted by law for the purpose of locating an
offender to conduct an arrest.
9. The Agency shall provide the opportunity for participating in Ride-Alongs, in
order to become familiar with the whereabouts, descriptions and specified
conditions of supervision of community control offenders, sexual predators,
sexual offenders and high risk offenders, and to ensure that all violations are
communicated to the assigned supervising officer(s) for notification to the
appropriate sentencing authority.
10. The Agency's officers may assist Department officers with monitoring
offender's compliance with supervision sanctions, by conducting a
warrantless arrest if an offender is observed violating the terms or conditions
of supervision in the community.
III. FINANCIAL OBLIGATIONS
The parties acknowledge that this Partnership is not intended to create financial
obligations as between the parties. However, in the event that costs are incurred as a
result of either or both of the parties performing their duties or responsibilities under
this Agreement, each party agrees to be responsible for their own costs incurred.
IV. AGREEMENT MANAGEMENT
A. Department's Agreement Administrator
The Chief, Bureau of Procurement and Supply, is designated Agreement
Administrator for the Department and is responsible for maintaining an Agreement
file, processing all amendments for changes to the agreement, processing termination
of the Agreement, and maintaining records of all formal correspondence between the
Department and Agency regarding administration of this Agreement.
The name, address and telephone number of the Department's Agreement
Administrator is:
Robert E. Staney, Chief
Bureau of Procurement and Supply
Department of Corrections
2601 Blair Stone Road
Tallahassee, Florida 32399-2500
(850) 488-6671 (telephone)
(850) 922-8897 (facsimile)
staney.bob@mail.dc. state.fl.us
Model CC-CPA Page 5 of 8
Revised 10-16-07
Agreement #A1748
B. Agreement Managers
The parties have identified the following individuals as Agreement Managers. These
individuals are responsible for enforcing performance of the Agreement terms and
conditions and shall serve as liaison/agency contact regarding issues arising out of this
Agreement.
FOR THE DEPARTMENT
Rosalyn Baker
Circuit Administrator
423 Fern Street, Suite 100
West Palm Beach, Florida 33401
(561) 837-5175 (telephone)
(561) 822-4524 (facsimile)
baker.rosalyn cr,mail.dc.state.fl.us
mail address)
FOR THE TEQUESTA POLICE
DEPARTMENT
William McCollom
Chief of Police
357 Tequesta Drive
Tequesta, Florida 33469
(561) 575-6210 (telephone)
(561) 575-6218 (facsimile)
(e- mccollomw(u,tequestapd.org (e-mail address)
V. AGREEMENT MODIFICATION
Modifications to the provisions of this Agreement, with the exception of Section IV.,
Agreement Management, shall be valid only through execution of a formal
Agreement amendment.
VI. TERMINATION
This Agreement may be terminated by either party upon no less than thirty (30)
calendar days' notice, without cause, unless a lesser time is mutually agreed upon by
both parties. Notice shall be delivered by certified mail (return receipt requested), by
other method of delivery whereby an original signature is obtained, or in-person with
proof of delivery.
VII. OTHER CONDITIONS
A. Records
1. Public Records Law
The Agency agrees to allow the Department and the public access to any documents,
papers, letters, or other materials subject to the provisions of Chapters 119 and
945.10, Florida Statutes, made or received by the Agency in conjunction with this
Agreement. The Agency's refusal to comply with this provision shall constitute
sufficient cause for termination of this Agreement.
2. The parties agree to exchange information and records as permitted by law,
policy and procedure. (For example, Department staff is prohibited from
disclosing confidential medical information about offenders under supervision.)
Model CC-CPA Page 6 of 8
Revised 10-16-07
Agreement #A1748
B. Indemnification
Each party shall be responsible for the acts, omissions, or conduct of its own
officers, employees or agents while engaged in activities pursuant to this
Agreement, subject to the provisions of Sec. 768.28, Florida Statutes. Noting
contained herein shall be considered a waiver of sovereign immunity beyond that
provided in Section 768.28, Florida Statutes.
C. Appro riation
In the event that funds are to be expended by the Department in performing any of
its obligations under this Agreement, such funds are contingent upon an annual
appropriation by the Legislature. The costs of services paid under any other
Agreement or from any other source are not eligible for reimbursement under this
Agreement.
In the event that funds are to be expended by the Agency in performing any of its
obligations under this Agreement, such funds are contingent upon budgetary
approval by the Agency or its governing body and shall be lawfully expended for the
purposes of this Agreement for the current and future periods.
THIS SPACE INTENTIONALLY LEFT BLANK
Model CC-CPA Page 7 of 8
Revised 10-16-07
Agreement #A1748
We, the undersigned representatives of the participating agencies, affix our signatures to this
Interagency Agreement thus establishing the Tequesta Police Department Partnership on
this day of , 20
FOR THE TEQUESTA POLICE DEPARTMENT
SIGNED
BY:
NAME: William McCollom
TITLE: Chief of Police
DATE:
FOR THE Approved as to form and legality, subject
DEPARTMENT OF CORRECTIONS to execution.
SIGN ~ ~ SIGNED BY: ,
BY: }'r0'L --~ ~ ~, ~-~-~--
NAME`' : NAME:
Rosalyn Baker
TITLE: Circuit Administrator
Department of Corrections
DATE:
.~ji• Kathleen Von Hoene
TITLE: General Counsel
Department of Corrections
DATE: ~ - ~-
Model CC-CPA Page 8 of 8
Revised 10-16-07
ATTEST:
Lori McWilliams, CMC
Village Clerk
[VILLAGE SEALJ
VILLAGE OF TEQUESTA
Michael Couzzo
Village Manager
APPROVED AS TO FORM AND LEGAL
SUFFICIENCY
Trela White, Esq.
Village Attorney