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Home My WebLink AboutR00-130 RESOLUTION NO. R00-/~ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK TO EXECUTE A MUTUAL AID AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND THE PALM BEACH COUNTY'S SHERIFF'S OFFICE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the subscribing agencies are so located in ltation 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 continuing multi-jurisdictional enforcement problems, so as to protect the public peace and safety and preserve the lives and property of the people, pursuant to the terms set forth in the attached Mutual Aid Agreement; and WHEREAS, the Boynton Beach Police Department recognizes the need to work in concert with the Palm Beach County Sheriff's office in the area between N.E. 26th Avenue and Hypoluxo Road, for the purpose of eradicating elicit narcotics activity and the associated crime that occurs as a result; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, T~LAT: Section 1. The ~regoing recitals am true, corre~ and incorporated into this Resolution by ~nce. Section 2. The City Commission of the City of Boynton Beach, Florida hereby authorizes and directs the and City Clerk to execute a Mutual Aid Agreement ~en the City of Boynton Beach and the Palm Beach County ~riff's Office, which Agreement is attached hereto as Section 2. This Resolution shall become effective [lately upon passage. PASSED AND ADOPTED this /~ day of September, 2000. ~~)CITY O BOYN 0 B H, FLO~!DA Vice Mayor - Commissioner MUTUAL AID AGREEMENT 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 continuing multi- jurisdictional traffic enforcement problems, so as to protect the public peace and safety, and preserve the lives and property of the people, and WHEREAS, the Subscribing Law Enforcement Agencies have the authority under section 23.1225, Florida Statutes et seq., the Florida Mutual Aid Act, to enter into a combined mutual aid agreement for law enforcement services which permits voluntary cooperation art. d assistance of a routine law enforcement nature across jurisdictional lines; NOW THEREFORE, the parties agree as follows: PROVISION FOR VOLUNTARY COOPERATION The Subscribing Law Enforcement Agencies hereby approve and enter into this Agreement whereby each of the agencies may request and render law enforcement assistance to the other for the purposes of jointly addressing crime problems within the areas known as "Sand Castle Community", the area of Old Dixie Highway/South Federal Highway, including the adjoining areas of both. Law enforcement assistance must be pre-approved by the Agency Head or designee before any assistance may be given, in order to deter and reduce crime problems in the designated areas. In rendering law enforcement assistance, the Subscribing Law Enforcement Agencies will assign law enforcement officers to the Sand Castle Neighborhood Office, in a joint effort to address the crime problems crossing jurisdictional lines. PROCEDURE FOR REQUESTING ASSISTANCE In the event that an agency to this Agreement is in need of assistance as set forth above, such agency shall notify the agency or agencies from whom such assistance is required. The Agency Head or his/her authorized designee whose assistance is sought shall evaluate the situation and his/her available resources and will respond in a manner he/she deems appropriate. 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. No Agency Head or his/her designated representatives shall be empowered under this Agreement to operate in another jurisdiction without prior approval of the Agency Head or Designee having jurisdiction. The Agency Head's or Designee's decision in these matters shall be final. COMMAND AND SUPERVISOR 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 supervising officer shall be under the direct supervision and command of the Agency Head or his/her designee of the Law Enforcement Agency requesting assistance. Whenever a Iaw enforcement officer is rendering assistance pursuant to this Agreement, the law enforcement officer shall abide by and be subject to the rules and regulations, personnel policies, general orders and standard operating procedures of his/her own employer as well as those of the requesting agency. If any such rule, regulation, personnel policy, general order or standard operating procedure of the assisting agency is cOntradicted, contravened or otherwise in conflict with a direct order of a superior officer of the requesting agency, then such rule, regulation, policy, general order or procedure of the assisting agency shall control and shall supercede the direct order. Whenever there is a cause to believe that a complaint has arisen as a result of a cooperative effort as it may pertain to' this Agreement, the Agency Head or his/her designee of the requesting agency shall be responsible for the documentation of said complaint to ascertain at a minimum: 2. 3. 4. The identity of the Complainant An address where the complaining party can be contacted The specific allegation The identity of the employees accused without regard as to agency affiliation 8.. If it is determined that the accused is an employee of the assisting agency, the above information, with all pertinent documentation gathered during the receipt and processing of the complaint, shall be forwarded without delay to the agency head or his/her designee of the assisting agency for administrative review. The requesting agency may conduct a review of the complaint to determine if any factual basis for the complaint exists and/or whether any of the employees of the requesting agency violated any of their agency's policies or procedures. LIABILITY o Each agency engaging in any mutual cooperation and assistance, pursuant to this agreement, agrees to assume responsibility for the acts, omissions, or conduct of such agency's own employees while engaged in rendering such aid pursuant to this Agreement, subject to the provisions of Section 768.28, Florida Statutes, where applicable. POWERS, PRIVILEGES, IMMUNITIES AND COSTS I0. Under the terms of this Agreement, an employee of a subscribing law enforcement agency, when actually engaging in mutual cooperation and assistance outside of the jurisdictional limits the employee's jurisdictional limits, but inside this county, shall, pursuant to the provisions of Section 23.127(1), Florida Statutes, have the same powers, duties, rights; privileges and immunities as if the employee was performing duties inside the employee's political subdivision in which he/she is normally employed. 11. Each agency agrees to. furnish necessary personnel, equipment, 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. 12. A political subdivision that furnishes equipment pursuant to this Agreement 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. 13. The agency furnishing aid pursuant to this section shall compensate its employees 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. 14. The privileges and immunities from liability, exemption from laws, ordinances and rules, and all pension, insurance, relief, disability, worker's 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 section shall apply with equal effect to paid, volunteer, and reserve employees. 15. Nothing herein shall prevent the requesting agency from requesting supplemental appropriations from the governing authority having budgeting jurisdiction to 3 reimburse the assisting agency for any actual costs or expenses incurred by the assisting agency performing hereunder. INSURANCE 16. Each party shall provide satisfactory proof of liability insurance by one or more of the means specified in Section 768.28(15), Florida Statutes, 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 canceled 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. EFFECTIVE DATE 17. This Agreement shall take effect upon execution and approval by the hereinafter named officials and shall continue in. full force and effect for a one (1) year period unless terminated prior thereto by any or all of the Parties herein. This Agreement will be automatically renewed for consecutive one (1) year periods unless notice of termination is provided. CANCELLATION 18. Any agency may cancel their participation in this Agreement upon delivery of written notice to the other agencies. Cancellation will be at the direction of any subscribing agency. IN WITNESS WHEREOF, the agencies hereto cause these presents to be signed the date specified. ...,_ ...... SHERIFF OF PALM BEACH CO~'NTY Witness Signature lSheri,t'of PallJl I each C~unty BOSTON BEACH POLICE DEPARTMENT ~/~. _, W~ss Signa~e Witness Printed Nme Date ull!l/ij 4 'TO