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Home My WebLink AboutR-83-11A RESOLUTION AUTHORIZING THE CHIEF OF POLICE AND CITY ATTORNEY TO NEGOTIATE AND THE MAYOR AND CLERK TO ENTER INTO VOLUNTARY COOPERATION AGREEMENTS WITH LOCAL, STATE OR FEDERAL LAW ENFORCEMENT AGENCIES. WHEREAS, the Chief of Police has informed the Council that the various "mutual aid" agreements presently in existence between the Sebastian Police Department and various other local, state and federal agencies is out-dated and unsatisfactory; and WHEREAS, the Chief of Pol. ice has requested that he 'and the City Attorney be authorized to negotiate and the Mayor and Clerk be authorized to enter into new "mutual aid" agreements that are substantially the same as the attached Voluntary Cooperation Agreement prepared by the Florida Department of Law Enforcement; and WHEREAS, the Council consents to that request. NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF SEBASTIAN, FLORIDA as follows: (1) The sample Voluntary Cooperation Agreement, prepared by the Florida Department of Law Enforce- ment, attached hereto, is hereby approved as to form and general content. (2) The Chief of Police and the City Attorney are hereby authorized to negotiate a "mutual aid" agreement with all local, state and fed. era1 law enforcement agencies as they deem necessary, using the attached Agreement as the basis of said agreemen't. (3) The Mayor and Clerk are hereby authorized to execute on behalf of the City any and all "mutual aid" agreements recommended by the Chief of Police and the City Attorney, that are substantially similar to the attached Ag'reement~so long as they do not authorize the creation of a Governing Board, and the duration o,f said agreement shall not exceed two ~zears. I HEREBY CERTIFY that the foregoing Resolution was passed by the City Council of the City of Sebastian, CITY OF SEBASTIAN, FLORIDA Fat' FlOo'd, ~Jr., Mayo~z City Clerk [^~ency l] and [Agency III hereby enter tnto a voluntary cooperation agreement pursuant to Florida Statute 23.1225(l), Florida Mucual Aid Act, and in accordance with the authority granted therein hereby agree aa follows: PURPOSE: The purpose of chis agreement is the coordination of a multi-agency law enforcement effort directed to the investigation o: crimes pertaining to It is the intent of the participating agencies to agree upon the utilization o[ common training and support functions as well &$ the pooling of'investigative resources. It is also the purpose of this agreement to extend the jurisdiction of the agents, deputy sheriffs, or police officers pursuant to the authority contained in chis document in accordance with Florida Statute 23.127(1). II. SOURCE OF POLICE AUTHOB-T¥: Pursuant to the provisions of Florida Statute 27.127(1). whenever the employees o[ any law enforcement agency who are parties to this.aireement are rendcring aid outside their Jurisdiction and pursuant to the autho- rity contained in this agreement, such employees shall have the sase powers, duties~ rights, privileges, and the politicel subdivision in which they are normally employed. CFC303G1 6 Governi[~ Board There ~hall be · Govecnin~ Board wh£¢h shall , .:i/st o~ ~ ' and . The Board shill have ple- nary supervisory authority over the employees patti- Personnel Each of the political subdivisions shall contri- bute bersonnel Co chis un/~ in such numbers as are a~reed~to by the Board. TI~a respective sponsorinS ioverm~ental units shall reCa£n full responsibility £or the compensation, retirement, lnsugancc and discipline of choir o~n personnel. Supervision 'There shall be apgoinced by the Board a bureau director ~ho shall have responsibility ~or the day-to-day co.and and a~inisCracion o~ bureau activities. Under chis d/rector shall be co.and and supa~isorY personnel from the respective lovernmenCal ~iCs. ~ho shall be deployed ac the co.and sE ~ha director. iV. FUNDING Equipment The political subdivision uhich [urnishes any equipment pursuant to Chis agreement shall bear °AY ups~le incurred in ~he ope~e~lon and aaLnte- nonce ~hereo£. [This is optional as under Florida $~&CuCe 23.127(2) any asreesent vould be accept- able.[ CFC303G2 The bo~d provLdce Eot Ln-ktnd cun~ctb~t~n u~ ~uch icem~ s~ of[ice space~ utilities, lanolins, telephone cost, etc. tn such propor£ton as is found to be fair and equitable by the Board. Board members may also, after securing such approval ss may be necessary from the funding body of Individual &overmaenta! units~ elect to contribute cash for recurring operating costs of the, unit. Contributing agencies shall com- pensate their employees duFlng the time of render= lng o~ such aid and shall defray the actual traveling and maintenance eXpenses of such employees while they ere participating in the activities of this unit including &ny amounts paid or due for compensation due to personal injury or death while such eaployeee ire engaged in performing duties related to the operation of this unlc. [Florida Statute 23.127(2) also allo~s alternate agreeaents ~hereby one agency can pick up the expenses of the other agencies,] Controls The Board shall promulgate and approve a policy providing for a strict inventory account- ing and 606 de:ailed procedures pertaining to thc expenditure, disbursmaenC~ receipting for and ocher handllng of funds~ and the maintenance records o[ such transactions. Such policy eha~l tnvsmcory and cash fund systems under such condi- tions aa the ~ard nay require. CFC303G3 '" ess,fy to e~t~bl/sh policy0 promulSace rule, resuLations, set Eu£deIine$ and ochers/se provide 1. The method of assigning personnel to and from the unit, 2. The manner in which purchases shall be made. 3. The m~nner in which, upon dis,olution of the bureau, any surplus inveattiactve funds ara ~o be returned in proportion :o the contri- butions made by the participatini ~overn- mental units. &. The establishment of strict accountability for all funda &nd the manner in which reports, lncludin/ an annual independent audit of all receipts and disbursements, shal! be prepared and presented Co each participatin{ govern- mental unit. $. Any other necessary and proper macterm a~reed upon by the participattnl government,! units. RecordLng The Board shall maintain minutes of its meetings which shall record policy decisions made. ~nere detailed procedures are called for, they shall be reduced to writ/n/ and ratified by the Board. The records o£ the Board shall enjoy the sane con- fidentiattt¥ as Il enjoyed as ~ith respect co law ehtoc~emenC iec&fda creaced~ held or maintained by each Of the iOVernmenca~ ualis and t~ aCeOrdafiee ~i~h FlOrida Statute 119,07, CFC303G4 .. VI. Durinai the term st chis a~r~mcnl;, Lhe ,,,ewbers u~ I~he Governin& Board shall bo: Board members shall receive one (1) vote and the majority of Board members'shall rule. Forfeitures It is recognized that durin{ the course of the opera- tion of thls unit, iteau subject to forfeiture under Florida Statute 943 will be seized, it is hereby agreed that the attorney for shall handle all forfeiture proceedings and that the forfeited items shall be forfeited to an aiency of the Board's choosing. All forfeited items shall be used.· by the unit until such time the unit is disbanded, at which time the use of t ~ items seized sha~i revert to the a~ency ~hich holds title to the item. VIII. Duration The duration sE this a&reement will be for Any a~ency may withdraw from this a~reemeflt by &lvin~ days mmtice. Signed this . .. day of ~ , 19_.. CFC303G$