R05-006
11 I
1 RESOLUTION NO. ROS- oeb
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3
4 A RESOLUTION OF THE CITY OF BOYNTON
5 BEACH, FLORIDA, AUTHORIZING AND
6 DIRECTING THE MAYOR AND CITY CLERK
7 TO EXECUTE A MUTUAL AID AGREEMENT
8 FOR PALM BEACH COUNTY LAW
9 ENFORCEMENT AGENCIES COMBINED
10 OPERATIONAL AND VOLUNTARY
11 COOPERATION; AND PROVIDING AN
12 EFFECTIVE DATE.
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14
15
16 WHEREAS, the subscribing agencies are so located in relation to each other that
17 i1 is to the advantage of each to receive and extend mutual aid in the form of law
18 enforcement services and resources to each other, pursuant to the terms set forth in the
19 attached Mutual Aid Agreement.
20 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION
21 OF THE CITY OF BOYNTON BEACH, FLORIDA THAT:
22 Section l. The foregoing "Whereas" clauses are hereby ratified and confirmed
23 as being true and correct and are hereby made a specific part of this Resolution upon
24 adoption.
25 Section 2. The City Commission of the City of Boynton Beach, Florida
26 hereby authorizes and directs the Mayor and City Clerk to execute a Mutual Aid
27 Agreement for Palm Beach County Law Enforcement Agencies Combined Operational
28 and Voluntary Cooperation, which Agreement is attached hereto as Exhibit "A".
29 Section3. This Resolution shall take effect immediately upon passage.
30
31
S:\CA\RESO\Agreements\BBPD\Mutual Aid Agreement.doc
II I
1
2 PASSED AND ADOPTED this ~ day of Jo.r.uo.-c-y ,2005.
3 CITY OF BOYNTON BEACH, FLORIDA
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18 Commissioner
19 ATTEST:
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S'\CA\RESO\Agreements\BBPD\Mutual Aid Agreement.doc
R05-00b
PALM BEACH COUNTY LAW ENFORCEMENT AGENCIES
COMBINED
OPERATIONAL ASSISTANCE AND VOLUNTARY COOPERATION
MUTUAL AID AGREEMENT
WITNESSETH
WHEREAS, the subscribing Law Enforcement Agencies as listed in
Attachmentl, which is incorporated by reference, 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:
(1 ) Intensive situations, including, but not limited to, emergencies as defined
under Section 252.34, Florida Statutes, and
(2) Continuing, multi-jurisdictional law 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 service which:
(1) Permits voluntary cooperation and assistance of a routine law
enforcement nature across jurisdictional lines, and;
(2) Provides for rendering of assistance in a law enforcement emergency
as defined in Section 252.34.
NOW, THEREFORE, THE AGENCIES AGREE AS FOllOWS:
SECTION I: PROVISIONS FOR OPERATIONAL ASSISTANCE
The subscribed Law Enforcement Agencies hereby approve and enter into this Agreement
whereby each of the agencies so represented may request and render law enforcement
assistance to the other to include, but not necessarily be limited to, dealing with civil
disturbances, large protest demonstrations, aircraft disasters, fires, natural or man-made
disasters, sporting events, concerts, public school graduations, parades, escapes from
detention facilities, and incidents requiring utilization of specialized units.
SECTION II: PROVISIONS FOR VOLUNTARY COOPERATION
Each of the subscribed Law Enforcement Agencies hereby approve and enter into this
Agreementwhereby each ofthe agencies may request and/or voluntarily render routine law
enforcement assistance to the other, to include, but not necessarily be limited to, investigating
homicides, sex offenses, robberies, assaults, burglaries, larcenies, gambling, motorvehicle
thefts, controlled substance violations, pursuant to Chapter 893, Florida Statutes, DUI
violations, backup services during patrol activities, School Police Officers enforcing laws
within 1000 feet of a school or School Board property, inter-agency task forces and/or joint
investigations, and coverage for overtime details.
SECTION III: PROCEDURE FOR REQUESTING ASSISTANCE
In the event that an agency that is a party 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 hislher 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.
School District Police Officers are hereby authorized to enforce laws in an area within 1000
feet of a school or school board property and within 1000 feet of any school sponsored event
including, but not necessarily limited to, public school graduations, proms, dances and project
graduations. Should enforcement action be taken, said officer shall notify the agency having
normal jurisdiction and upon the latter's arrival, turn the situation over to them and offer any
assistance requested including, but not limited to, a follow-up written report documenting the
event and the actions taken.
Should a sworn law enforcement officer (officer) be in another subscribed agency's jurisdiction
and violation of Florida Statutes occurs, which is a crime of violence, in the presence of said
officer, he/she shall be empowered to exercise authority as a law enforcement officer as if the
officer was in his/her own jurisdiction. Should enforcement action be taken, said officer shall
notify the agency having normal jurisdiction and upon the latter's arrival, turn the situation over
to them and offer any assistance requested including, but not limited to, a follow-up written
report documenting the event and the actions taken. This provision so prescribed in this
paragraph is not intended to grant general authority to conduct investigations, serve warrants
and/or subpoenas orto respond without requestto emergencies already being addressed by
the agency of normal jurisdiction, but is intended to address critical, life-threatening or public
safety situations, prevent bodily injury to citizens, and/or secure apprehension of violent
criminals whom the law enforcement officer may encounter.
The Agency Head's decision in these matters shall be final.
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SECTION IV: COMMAND AND SUPERVISORY RESPONSIBILITY
The personnel and equipmentthat 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 agency requesting assistance.
CONFLICTS:
Whenever a Law Enforcement Officer is rendering assistance pursuant to this Agreement, the
Law Enforcement Officer shall abide by and be subjecttothe rules and regulations, personnel
policies, general orders and standard operating procedures of his/her own employer. If any
such rule, regulation, personnel policy, general order or standard operating procedure 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 shall
control and shall supersede the direct order.
HANDLING COMPLAINTS:
Whenever there is 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 forthe documentation of said complaintto ascertain
at a minimum:
1. The identity of the complainant.
2. An address where the complaining agency can be contacted.
3. The specific allegation.
4. The identity of the employees accused without regard to agency affiliation.
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 hislher 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 ofthe requesting agency violated any of their agency's policies or procedures.
SECTION V: LIABILITY
Each agency engaging in any mutual cooperation and assistance, pursuantto this Agreement,
agrees to assume responsibility for the acts, omissions, or conduct of such agency's
employees while engaged in rendering such aid pursuant to this Agreement, subject to the
provisions of Section 768.28, Florida Statutes, where applicable.
3
SECTION VI: POWERS, PRIVILEGES, IMMUNITIES AND COSTS
A. Employees of each participating Law Enforcement Agency, when actually engaging
in mutual cooperation and assistance outside oftheir jurisdictional limits, but inside the
State of Florida, under the terms of this Agreement, shall, pursuantto 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 normally employed.
B. Each agency agrees to furnish necessary personnel, equipment, resources and
facilities and to render services to each other agency to the Agreement as set forth
above; provided however, that no agency shall be required to deplete unreasonably it's
own personnel, equipment, resources, facilities, and services in fumishing such mutual
aid.
C. Communication with personnel from outside agencies will be accomplished with a
shared radio frequency. Should the agency furnishing aid not have the capability to
communicate on a shared radio frequency, then the requesting agency will either
provide radios to the personnel ofthe agency furnishing aid or pair personnel from the
agency furnishing aid with personnel from agencies that have the capability to
communicate on a shared radio frequency.
D. A political subdivision thatfurnishes equipment pursuantto this part 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.
E. The agency furnishing aid pursuant to this section shall compensate it's employees
during the time such aid is rendered and shall defray the actual travel and maintenance
expenses of it's 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.
F. 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 an employee of an agency when
performing the employee's duties within the territorial limits ofthe 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, auxiliary, and reserve employees.
G. Nothing herein shall prevent the requesting agency from requesting supplemental
appropriations from the governing authority having budgeting jurisdiction to reimburse
the assisting agency for any actual costs or expenses incurred by the assisting agency
performing hereunder.
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H. Nothing in this Agreement is intended or is to be construed as any transfer .or
contracting away of the powers or functions of one party hereto to the other.
SECTION VII: EFFECTIVE DATE
This Agreement shall take effect upon execution and approval by the hereinafter named
officials and shall continue in full force and effect until January 31, 2009. On or about
September 30, 2008, a committee will be established by the Palm Beach County Law
Enforcement Planning Council in conjunction with the Palm Beach County Association of
Chiefs of Police, Inc., to review this Agreement and revise, if necessary. Under no
circumstances may this Agreement be renewed, amended, or extended except in writing.
SECTION VIII: CANCELLATION
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 on the
date specified.
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ATTEST:
CITY OF ATLANTIS:
Fred Furtado Mayor (date) Robert G. Mangold, Chief of Police (date)
Mo Thornton, City Manager (date) (date)
CITY OF BELLE GLADE:
Steve B. Wilson, Mayor (date) Albert Dowdell, Chief of Police (date)
Houston Tate, City Manager (date) (date)
CITY OF BOCA RATON:
Steven L. Abrams, Mayor (date) Andrew J. Scott, III, Chief of Police (date)
Leif Ahnell, City Manager (date) (date)
CITY OF BOYNTON BEACH:
1-/0-05
(date) ! ~( ate)
Afma\J1ô<> ~s ",. Uil>M.. _,
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Kurt Bressner, City Manager (date) OPP"u< OF 'T1-<E co.'T\t "T1f1(UÆ'1 (date)
CITY OF DELRAY BEACH:
Jeff Perlman, Mayor (date) Joseph L. Schroeder, Chief of Police (date)
David Harden, City Manager (date) (date)
6
FLORIDA ATLANTIC UNIVERSITY:
Frank T. Brogan, President (date) Delores Danser (date)
Director of Safety and Security
(date) (date)
CITY OF GREENACRES:
Samuel J. Ferreri, Mayor (date) Gregory P. Smith, Director of Public Safety (date)
Wadie Atallah, City Manager (date) (date)
TOWN OF GULFSTREAM:
William F. Koch, Jr., Mayor (date) Garrett J. Ward, Chief of Police (date)
William H. Thrasher, Town Manager (date) (date)
TOWN OF HIGHLAND BEACH:
Thomas J. Reid, Mayor (date) Gwendolyn Louise Pascoe, Chief of Police (date)
Doris Trinley, Town Manager (date) (date)
TOWN OF JUNO BEACH:
Robert C. Blomquist, Mayor (date) H.C. Clark, II, Chief of Police (date)
Gail F. Nelson, Town Manager (date) (date)
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TOWN OF JUPITER:
Karen Golonka, Mayor (date) Richard J. Westgate, Chief of Police (date)
Andrew D. Lukasik, Town Manager (date) (date)
TOWN OF JUPITER INLET COLONY:
John M. Zuccarelli, III, Mayor (date) Joseph Benevento, Chief of Police (date)
Joann Manganiello, Town Manager (date) (date)
TOWN OF LAKE CLARKE SHORES:
Robert M.W. Shalhoub, Mayor (date) William W. Smith, III, Chief of Police (date)
Joann Hatton, Town Administrator (date) (date)
CITY OF LAKE WORTH:
Rodney Romano, Mayor (date) William E. Smith, Chief of Police (date)
Paul Boyer, City Manager (date) (date)
TOWN OF LANTANA:
David J. Stewart, Mayor (date) Richard M. Lincoln, Chief of Police (date)
Michael Bornstein, Town Manager (date) (date)
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TOWN OF MANALAPAN:
William E. Benjamin, II, Mayor (date) Wilbur C. Walker, Director of Public Safety (date)
Greg Dunham, Town Manager (date) (date)
TOWN OF MANGONIA PARK:
William Albury, III, Mayor (date) Rodney P. Thomas, Chief of Police (date)
Frank Spence, Town Manager (date) (date)
VILLAGE OF NORTH PALM BEACH:
Don Noel, Mayor (date) James Knight, Chief of Police (date)
Mark Bates, Village Manager (date) (date)
TOWN OF OCEAN RIDGE:
Kenneth Kaleel, Mayor (date) Edward G. Hillery, Jr., Chief of Police (date)
D. Bill Mathis, Town Manager (date) (date)
CITY OF PAHOKEE:
James P. Sasser, Mayor (date) Rafael Duran, Jr., Chief of Police (date)
Lillie Latimore, City Manager (date) (date)
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TOWN OF PALM BEACH:
Lesly S. Smith, Mayor (date) Michael S. Reiter, Chief of Police (date)
Peter Elwell, Town Manager (date) Allen S. Wyett, President, Town Council (date)
PALM BEACH COUNTY SHERIFF'S OFFICE:
(date) Edward W. Bieluch, Sheriff (date)
(date) (date)
PALM BEACH COUNTY SCHOOL DISTRICT:
Thomas E. Lynch, Chairman (date) James P. Kelly, Chief of School Police (date)
Arthur C. Johnson, Ph.D., Superintendent (date) (date)
CITY OF PALM BEACH GARDENS:
Eric Jablin, Mayor (date) Stephen J. Stepp, Chief of Police (date)
Ron Ferris, City Manager (date) (date)
TOWN OF PALM BEACH SHORES:
Thomas R. Mills, Mayor (date) Roger K. Wille, Chief of Police (date)
Cynthia Lindskoog, Town Manager (date) (date)
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VILLAGE OF PALM SPRINGS:
John M. Davis, Mayor (date) Jay C. Pickens, Director of Public Safety (date)
Karl E. Umberger, Village Manager (date) (date)
CITY OF RIVIERA BEACH:
Michael D. Brown, Mayor (date) Clarence D. Williams, III, Chief of Police (date)
William Wilkins, City Manager (date) (date)
VILLAGE OF ROYAL PALM BEACH:
David Lodwick, Mayor (date) Edward Step nowski , Chief of Police (date)
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David Farber, Village Manager (date) (date)
CITY OF SOUTH BAY:
Clarence E. Anthony, Mayor (date) Michael Morris, Acting Chief (date)
Tony Smith, City Manager (date) (date)
TOWN OF SOUTH PALM BEACH:
Beverly Savin, Mayor (date) Roger M. Crane, Chief of Police (date)
Charles O. Dobbins, Jr., Town Manager (date) (date)
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VILLAGE OF TEQUESTA:
Pat Watkins, Mayor (date) Stephen J. Allison, Chief of Police (date)
Michael Couzzo, Jr., Village Manager (date) (date)
CITY OF WEST PALM BEACH:
Lois Frankel, Mayor (date) Delsa R. Bush, Chief of Police (date)
Ed Mitchell, City Manager (date) (date)
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Attachment I
Atlantis Police Department
Belle Glade Police Department
Boca Raton Police Department
Boynton Beach Police Department
Delray Beach Police Department
Florida Atlantic University
Greenacres Police Department
Gulfstream Police Department
Highland Beach Police Department
Juno Beach Police Department
Jupiter Police Department
Jupiter Inlet Colony Police Department
Lake Clarke Shores Police Department
Lake Worth Police Department
Lantana Police Department
Manalapan Police Department
Mangonia Park Police Department
North Palm Beach Police Department
Ocean Ridge Police Department
Pahokee Police Department
Palm Beach Police Department
Palm Beach County Sheriff's Office
Palm Beach County School District Police Department
Palm Beach Gardens Police Department
Palm Beach Shores Police Department
Palm Springs Police Department
Riviera Beach Police Department
Royal Palm Beach Police Department
South Bay Police Department
South Palm Beach Police Department
Tequesta Police Department
West Palm Beach Police Department