R01-046RESOLUTION NO. R
A RESOLUTION OF THE CiTY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA,
AUTHORIZING AND DIRECTING THE MAYOR AND
CITY CLERK TO EXECUTE AN AGREEMENT
BETWEEN THE CITY OF BOYNTON BEACH AND
EDWARD W. BIELUCH, AS SHERIFF OF PALM
BEACH COUNTY, FLORIDA, PROVIDING FOR THE
CREATION OF A PUBLIC LAW ENFORCEMENT
INSURANCE COMBATING AUTO THEFT TASK
FORCE (PLICAT); AND PROVIDING AN EFFECTIVE
DATE.
WHEREAS, law enforcement agencies throughout the nation have found
that auto theft and related offenses have far-reaching costs to the public and
involve all levels of criminal activity; and
WHEREAS, communities saw astronomical increases in their auto theft
rates due to the problem of auto theft being left unaddressed; and
WHEREAS, by combing resources, jurisdictional authority, criminal
intelligence methods and by targeting career auto thieves and organized
exporters, law enforcement agencies can significantly lower the rate of stolen
vehicles, increase arrests and prosecutions and recover a far greater percentage
of stolen cars;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION
OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
Section 1. The Mayor and City Clerk are hereby authorized to execute
an Agreement between the City of Boynton Beach and Edward A. Bieluch, in his
official capacity as Sheriff of Palm Beach County, providing for the creation of
the Public Law Enforcement Insurance Combating Auto Theft Task Force
(PLICAT), which Agreement is attached hereto as Exhibit "A".
Section 2. That this Resolution shall become effective
immediately
upon passage.
PASSED AND ADOPTED this _~ day of March, 2001.
CITY OF BOYNTON BEACH, FLORIDA
~Vice Ma or
Commissioner
Commissioner
Commissioner
ATTEST:
rk
s:wp~ca~R~e~l~21301,
AGREEMENT
THIS AGREEMENT, made this day of ,2001, by and
between Edward W. Bieluch, in his official capacity as the Sheriffof Palm Beach County, Florida
(hereinafter referred to as "SHERIFF") and the City of Boynton Beach Police Department
("Member Agency").
WITNESSETH
WHEREAS, law enforcement agencies throughout the nation have found that auto theft and
related offenses have far-reaching costs to the public and involve all levels of criminal activity; and
WHEREAS, organized criminals often use the theft of a car to finance other criminal
activity to use as a means of an untraceable getaway and to ship to foreign nations to make
tremendous profits and to further levels of their criminal enterprises; and
WHEREAS, communities saw astronomical increases in their auto theft rates due to the
problem of auto theft being left unaddressed and;
WHEREAS, by combining resourCes, jurisdictional authority, criminal intelligence methods
and by targeting career auto thieves and organized exporters, law enforcement agencies can
significantly lower the rate of stolen vehicles, increase arrests and prosecutions and recover a far
greater percentage of stolen cars then could be done without this cooperation.
NOW THEREFORE, for the consideration set forth below, the parties agree as follows:
This agreement will be for a period of one year commencing upon the date of execution of
this Agreement unless either party provides thirty day written notice that the Agreement will
not be extended.
The above named law enforcement organizations will form a Public Law enforcement
Insurance Combating Auto Theft task force ("PLICAT") with a mission of:
Identifying career auto theft activity in Palm Beach County and throughout South
Florida, finding their locations, and exposing their criminal methods, and sharing this
intelligence with all law enforcement agencies;
2. Arresting suspects for all auto theft and related crimes and assisting in the
prosecution;
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Pooling resources, jurisdiction and personnel to attack the crime on a county, state
and federal level;
Interrupting the flow of stolen and altered cars and car parts out of the country from
the Port of Palm Beach and other Florida Ports, in cooperation with U.S. Customs
agents;
Identifying fraudulent insurance claims for stolen cars and referring cases to the state
insurance fraud division;
"Hardening the target" for the auto thief by educating the public on all possible
prevention methods and assisting in auto theft prevention through the promotion of
known successful methods such as glass VIN etching, CAT programs, collar locks,
etc.
Each of the above named law enforcement agencies hereby approve and enter into this
agreement whereby each of the agencies continuously request and render assistance to the
other in the form of assigned personnel and related equipment, and participate in the structure
of the effort as described in this Agreement. The assistance includes, but is not limited to,
the enforcement of laws, recovery of stolen property, gathering and sharing of criminal
intelligence, arrest of-violators, execution of all lawful process, and any other operation
support necessary to ensure success and continued operation of this effort and its overall
mission.
PLICAT will consist of officers and supervisors from the agencies choosing to participate
on a full-time basis, along with part-time and ad-hoc participating officers and support
personnel, commanders and law enforcement executives who will participate and lend
support whenever needed or as described below:
Executive Board: The Executive Board will consist of one member from each
law enfomement agency contributing fulMime personnel and equipment to the effort.
This member shah be the agency chief executive or designee. This Board will meet
as often as desired or needed to address operation, budget or leadership issues of
PLICAT. The Executive Board will nominate and elect a chairperson, and operate
under professional rules or order to decide and issue orders and guidelines to the
below designated Command board and Enforcement Unit for the professional
operation of all aspects of PLICAT.
Command Board: The Command Board of PLICAT will consist of one
command-level officer or designated supervisor appointed by each full-time agency
to oversee the general workings and assignments of the unit, to solve operation or
enforcement problems, to resolve issues relating to equipment and funds, and to give
overall leadership and direction to the enforcement unit described below. The
Command Board will communicate with each other as often as needed to ensure all
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issues are being addressed in furtherance of the overall goal of an effective, efficient
and cooperative inter-agency law enforcement mission.
Enforcement Unit: The PLICAT Enforcement Unit will consist of a Unit
Supervisor agreed upon by the Executive Board and full or part-time supervisors and
law enforcemem officers of all cooperating agencies. The Unit Supervisor will
ensure that the goals, directives and guidelines in place and mutually understood are
being adhered to and that the unit is adequately funded, equipped and supervised in
both their daily and long-term operations. The supervisor will seek assistance and
accept guidance from all authorized members of the Command and Executive Board
and any disagreement or dispute will be sent to and be resolved by the membership
of the Executive Board.
The Sheriff of Palm Beach County, .as empowered under Florida Law, will grant Special
Deputy status to any police officer operating under this Agreement. All personnel so
designated shall adhere to the laws and Sheriff's Office guidelines in the performance of
police duties outside of the scope of their formal jurisdiction. The Special Deputy Status
shall be automatically revoked when the officer is no longer assigned to PLICAT.
As granted under applicable Florida law, federal law and federal agency guidelines, members
of PLICAT may be utilized in any way needed in the enforcement of the United States
Criminal Code when requested to do so and be given specific insmmions and guidance by
authorized members of federal law enforcement agencies.
The Enforcement Unit, through the Sheriff's Office Legal Advisor's Office, will initiate
forfeiture action whenever lawful and reasonable. The sharing of forfeiture assets shall be
through a method of equal division of cash and property and/or as agreed to before hand by
the Command Board or Executive Board and as determined on a case by case basis. The
decision to settle a forfeiture action will rest with the Sheriff's Office forfeiture unit. The
Sheriff's Office will be entitled to have its attorney fees, advertising fees, asset maintenance
fees and other costs reimbursed prior to the division of the proceeds from the forfeited asset.
If forfeited property remains at the conclusion of PLICAT, such property will be auctioned
off with the proceeds being distributed amongst the agencies..
The agencies which are signatories to this Agreement are also governed by the Palm Beach
County Mutual Aid Pact, a copy which is attached hereto and incorporated herein as Exhibit
"A". Any conflict with Special Deputy Status and the Mutual Aid A~eement will be
resolved in favor of the Mutual Aid Agreement.
The above member agencies shall, to the fullest extent permitted by law, and at its own cost
and expense, defend, indemnify and hold harmless the SHERIFF, his agents, employees,
appointees and designees, from and against any and all claims, loss (including attorneys' fees,
witnesses' fees, and all court costs), damages, expense, and liability arising out of .any
negligent act by the member agency's employees, representatives, or agents in the fulfillment
of this Agreement.
10.
The signatory agencies agree to be responsible for furnishing their emplOYees with all
standard police equipment necessary to fulfill the functions of this Agreement. The Sheriff
will provide a work site unless otherwise agreed upon by the parties. The signatory agencies
agree to maintain at their expense, worker's compensation insurance, if applicable;to fully
protect both the agency and the SHERIFF from all claims for personal injury or death arising
from its. performance of this proposal. The agencies agree to be solely responsible for' all
compensation, overtime, worker's compensation, insurance'and other benefits of its
emplOyees.
11. This Agreement is not assignable or transferrable unless agreed to in writing by the parties.
12.m
If any term or provision of this Agreement is found to be invalid or unenforceable, the
remainder of this Agreement shall not be affected and every other term and provision of this
Agreement s .hall be deemed valid and enforceable to the extent permitted by law.
13.
This Agreement contains the entire agreement made between the parties and neither party
is relying upon any oral representations made by the other party except as set forth in this
Agreement. Any modification to this Agreement must be made in writing and signed by
both parties.
IN WITNESS 'WHEREOF, the parties hereto have execUted this Agreement this day
and year first ab, o~.w~n.
Witness Signal.~re/~/ /) Sheriff, Palm Beach ~ ty
Witness PfintedName Da(e '
-~itness Si~at~re //
Chief of Police - Boynton Beach Police Dept
Witness Printed Name
Date