R97-106 RESOLUTION NO. R97-/~
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 FOR PALM BEACH COUNTY LAW
ENFORCEMENT AGENCIES COMBINED
OPERATIONAL AND VOLUNTARY COOPERATION;
AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the subscribing 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
enforcemen[ services and resources to each other, pursuant
to the terms set forth in the attached Mutual Aid Agreement.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION
OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
Section 1. The City Commission of the City of
Boynton Beach, Florida hereby authorizes and directs the
Mayor and City Clerk to execute a Mutual Aid Agreement for
Palm Beach County Law Enforcement Agencies Combined
Operational and Voluntary Cooperation, which Agreement is
attached hereto as Exhibit ~A~.
Section 2. This Resolution shall become effective
immediately upon passage.
PASSED AND ADOPTED this / day of ~7~¢ 1997.
CITY OF BOYNTON BEACH, FLORIDA
~ayor
~ommis s ioner /'
co~i s s i oner ~~~
ATTEST:
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
Attachment I, 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 wheceby each of the agencies so represented may request and render law
enforcement a~sistan~e 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 I1:
PROVISIONS FOR VOLUNTARY COOPERATION
Each of the subscribed 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 in dealing with any violations of Florida Statutes to include, but
not necessarily be limited to, investigating homicides, sex offenses, robberies, assaults,
burglaries, larcenies, gambling, motor vehicle 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, and inter-agency task forces and/or joint investigations.
SECTION II1:
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 his/her jurisdiction, for how 10ng 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
having jurisdiction.
The Agency Head's decision in these matters shall be final.
SECTION IV:
COMMAND AND SUPERVISORY 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 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 subject to the 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
standardoperating 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.
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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 for the documentation of said
complaint to 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 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.
SECTION V:
LIABILITY
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 employees while engaged in rendering such aid pursuant to this Agreement,
subject to the provisions of Section 768.28, Florida Statutes, where applicable.
SECTION Vi:
POWERS, PRIVILEGES, IMMUNITIES AND COSTS
Employees of each participating Law Enforcement Agency, when actually
engaging in mutual cooperation and assistance outside of their jurisdictional limits,
but inside the State of Florida, under the terms of this Agreement, 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 normally employed.
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
furnishing such mutual aid.
3
A political subdivision that furnishes equipment pursuant to 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.
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.
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 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, auxiliary, and reserve employees.
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.
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 December 31, 2000. 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 WI-.IERE_OF, the agencies hereto cause these presents to be signed on the
date specified.
4
AT:rEST:
CITY OF ATLANTIS:
William P. Howell, Mayor
(date)
Robert G. Mangold, Chief of Police (date)
CiTY OF BELLE GLADE:
(date) (date)
J. Stephen Weeks, Mayor
(date) Michael R. Miller, Chief of Police (date)
CITY OF BOCA RATON:
Carol G. Hanson, Mayor
(date) (date)
(date) Peter Petracco, Chief of Police (date)
CITY OF BOYNTQN~B~
'"' i ~ ~, '[ . ,
'Gerald "Jer~" T~/Ior~aYor
(date) ~OV~D AS ~o~o~ (date)
(date)
Marshall B. Gage, Chief of Police (date)
CiTY OF DELRAY BEACH:
(date) (date)
Jay ^lperin, Mayor
(date)
Richard G. Overman, Chief of Police (date)
(date) (date)
5
Cl:rY OF GREENACRES:
Samuel Ferrari, Mayor
(date)
John T. Treanor, Director of Public Safety (date)
TOWN OF GULFSTREAM:
(date)
(date)
William Koch, Jr., Mayor
(date)
Robert Schultz, Chief of Police (date)
Scott Harrington, Town Manager
(date)
(date)
TOWN OF HIGHLAND BEACH:
Arlin Voress, Mayor (date)
Anthony M. Cervasio, Chief of Police (date)
Mary Ann Mariano, Town Manager (date)
(date)
TOWN OF JUNO BEACH:
Frank W. Harris, Mayor
(date)
Mitchell L. Tyre, Chief of Police (date)
Gail F. Nelson, Town Manager
(date)
(date)
TOWN OF JUPITER:
Karen J. Golonka, Mayor
(date)
Richard Westgate, Chief of Police
(date)
(date)
(date)
TOWN OF JUPITER INLET COLONY:
Nicholas Porto, Mayor
(date)
Randall J. Parker, Chief of Police (date)
(date)
(date)
TOWN OF LAKE CLARKE SHORES:
Robert M.W. Shalhoub, Mayor
(date)
Michael A. Bruscell, Sr., Chief of Police(date)
(date)
(date)
TOWN OF LAKE PARK:
William H. Wagner, Mayor
(date)
Jeffrey Lindskoog, Chief of Police
(date)
(date)
(date)
CITY OF LAKE WORTH:
Thomas Ramiccio, Mayor
(date)
VVilliam Smith, Chief of Police
(date)
(date)
(date)
TOWN OF LANTANA:.
Ronald M. Ferris, Town Manager
(date)
Robert W. Chalman, Jr., Chief of Police (date)
(date)
7
(date)
TOWN OF MANALAPAN:
Gerald Kent Shortz, Mayor
(date)
William W. Smith, III
Director of Public Safety
(date)
Charles H. Helm, Town Manager
(date)
(date)
TOWN OF MANGONIA PARK:
Gale M. English, Mayor
(date)
Joseph vonDembowski, Chief of Police(date)
(date)
VILLAGE OF NORTH PALM BEACH:
(.date)
Gail H. Vastola, Mayor (date)
Bruce F. Sekeres, Chief of Police
(date)
TOWN OF OCEAN RIDGE:
(date)
(date)
George D. Stamos, Mayor
(date)
Edward G. Hillery, Jr., Chief of.Police (date)
Gary W. Lanker, Town Manager
(date)
(date)
CITY OF PAHOKEE:
Ramon Horta, Mayor
(date)
Carmen Salvatore, III, Chief of Police (date)
Kenneth Schenck, City Manager
(date)
(date)
TOWN OF PALM BEACH:
Paul R. Ilyinsky, Mayor (date)
Joseph L. Terlizzese, Chief of Police (date)
Robert J. Doney, Town Manager
(date)
Lesly Smith
President, Town Council
(date)
PALM BEACH COUNTY SHERIFF'S OFFICE:
(date)
Robert W. Neumann, Sheriff
(date)
(date)
(date)
PALM BEACH COUNTY SCHOOL DISTRICT:
Paulette Burdick, Chairman (date)
James P. Kelly, Chief of School Police (date)
Joan P. Kowal, Superintendent
(date)
(date)
CITY OF PALM BEACH GARDENS:
Joe Russo, Mayor
(date)
James O. FitzGerald, Chief of Police (date)
TOWN OF PALM BEACH-SHORES:
(date)
(date)
Thomas C. Chilcote, Mayor (date)
Roger K. Wille, Chief of Police
(date)
(date)
9
(date).
VILLAGE OF PALM SPRINGS:
John M. Davis, Mayor (date) Karl E. Umberger (date)
Director of Public Safety
Joseph L. Gallegos, Village Manager (date)
(date)
CITY OF RIVIERA BEACH:
Clara K. Williams, Mayor
(date) Jerry P. Poreba, Chief of Police (date)
(date)
VILLAGE OF ROYAL PALM BEACH:
(date)
Tony Masilotti, Mayor (date)
Philip Redstone, Chief of Police
(date)
(date) (date)
CITY OF SOUTH BAY:
Clarence E. Anthony; Mayor
(date)
Michael E. Jackson, City Manager (date)
(date) (date)
TOWN OF SOUTH-PALM BEACH:
Margot Roberts, Mayor (date)
Roger M. Crane, Chief of Police
(date)
(date)
10
(date)
VILLAGE OF TEQUESTA:
..... Elizabeth A. Schauer, Mayor
(date)
Stephen J. Allison, Chief of Police (date)
(date)
(date)
CITY OF WEST PALM BEACH:
Nancy M. Graham, Mayor
(date)
Ric L. Bradshaw, Chief of Police (date)
(date)
(date)
11
Attachment I
Atlantis Police Department
Belle Glade Police Department
Boca Raton Police Department
Boynton Beach Police Department
Deiray Beach Police Department
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 Park Police Department
Lake Worth Police Department
Lantana Police Department
Manalapan Police Department
Mangonia Park Police Department
Nort~ Palm BeaCh Police Department
Ocea Police Department
Palm
Palm
Palm
Palm
-tment
:~olice Department
Office
School District Police Department
;partment
Department