R01-033 RESOLUTION NO. R01-,,~,~
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 COMBIiNED
OPERATIONAL AND VOLUNTARY COOPERATION;
AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the subscribing agencies are so located in relation to each other that
is to the advantage of each to receive and extend mutual aid in the form of law
enforcement 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 ~0 day of February, 2001.
Vice Mayor
~ CommiSsioner
Commissioner
~_TTEST:
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
pr._otect 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, Flodda Statutes, et. seq., The Flodda 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 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:
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 or agencies from whom such assistance
is required. The Agency nee whose assistance is soug,~ -
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.
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.
3hould a sworn law enforcement officer (officer) be in another subscribed agency's
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 wdtten report documenting the event' and the actiOnstaken.
This provision so prescribed in this paragraph is not intended to grant general authority to
conduct investigations; serve warrants and/or subpoenas or to respond without request to
jurisdiction, but is intended
prevent bodily injury to
Ihe Iaw enforcement officer
lay encounter.
The Agency Head's decision in these matters Shall be final.
2
SECTION IV:
The
und~
agency head
CONFLICTS:
COMMAND AND SUPERVISORY RESPONSIBILITY
·)ment that are assl
gnee of the ag~
the
be
ervision and command of the
the Law E~
employer·
o
order
If
is rendedn
abide by
~and
subj
el policy,
~nt to this Agreement,
rules and regulations,
procedures of his/her own
general order or standard
conflict with a direct
iicy,
HANDLING COMPLAINTS:
Whenever there is cause to believe thata 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), Flodda Statutes, have the same powers, duties,
rights, privileges and immunities:as if tlie 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 r-ender 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.
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 of the 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.
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.
Eo
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.
Fo
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.
4
Ho
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
officials and shal
by
On or about
SECTION VIII'
CANCELLATION
Beach
if
ded, or
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.
5
ATTEST:
CITY OF ATLANTIS:
William P. Howell, Mayor
(date)
Robert G. Mangold, Chief of Police (date)
CITY OF BELLE GLADE:
(date)
D. Bill Mathis, Mayor
(date)
(date)
Michael R. Miller, Chief of Police (date)
CITY OF BOCA RATON:
(date)
Carol G. Hanson, Mayor
(date)
(date)
Andrew J. Scott, III, Chief of Police (date)
CITY OF BOYNTON BEACH:
Gerald Broening, Mayor
(date)
(date)
Marshall B. Gage, Chiefof Police
(date)
(date)
CITY OF DELRAY BEACH:
(date)
David W. Schmidt, Mayor
(date)
(date)
(date)
Richard"G, Overman, Chief of Police. (date)
(date)
6
FLORIDA ATLANTIC UNIVERSITY:
Anthony J. Catanese, President (date)
August J. Washington
DireCtor of Safety and Security
(date)
CITY OF GREENACRES:
(date) (date)
Samuel J. Ferreri, Mayor
(date) Gregory P. Smith, Director of Public Safety (date)
Richard C. Olson, City Manager
TOWN OF GULFSTREAM:
(date) (date)
'Williar,:l F. Koch, Jr., Mayor
(date)
Garrett J. Ward, Chief of Police
(date)
Kdstin K. Garrison, Town Manager (date)
TOWN OF HIGHLAND BEACH:
(date)
Thomas J. Reid, Mayor.
(date) Anthony M, Cervasio, Chief of Police (date)
Ben Saag, Town Manager
TOWN OF JUNO BEACH:
(date) (date)
Robert C. Blomquist, Mayor
(date) H.C. Clark, II, Chief of Police (date)
Gail F. NelsOn, Town Manager (date)
(date)
7
TOWN OF JUPITER:
~ ~Karen J. Golonka, Mayor
(date) Richard J. Westgate, Chief of Police
(date)
(date)
TOWN OF JUPITER INLET COLONY:
(date)
John Miner, Mayor
(date) Randall J. Parker, Chief of Police
(date)
(date)
TOWN OFLAKECLARKE SHORES:
(date)
._Malcolm Lewis, Mayor
(date) William W. smith, I!1, Chief of Police
(date)
Joann Hatton, Town Manager
TOWN OF LAKE PARK:
(date)
(date)
William H. Wagner, Mayor
(date) Jeffrey Lindskoog, Chief of Police
(date)
CITY OF LAKE WORTH:
(date)
(date)
Thomas Ramiccio,-Mayor
(date) William E. Smith, Chief of Police
(date)
(date)
(date)
8
TOWN OF LANTANA:
Michael Bornstein, Town Manager (date) Robert W. Chalman, Jr., Chief of Police (date)
TOWN OF MANALAPAN:
(date) (date)
Gerald Kent Shortz, Mayor
(date) VVilbur C. Walker, Director of Public Safety (date)
Lori LaVerriere, Town Manager
TOWN OF MANGONIA PARK:
(date) (date)
Alan J. Palmer, Mayor
(date)
(date)
VILLAGE OF NORTH PALM BEACH:
Joseph vonDembowski, Chief of Police (date)
(date)
Joseph A. Tringal, Mayor
(date) Earl L. Johnson, Chief of Police
(date)
TOWN OF OCEAN RIDGE:
(date) (date)
Gail Adams Aaskov, Mayor-
(date) Edward G. Hillery, Jr., Chief of Police (date)
Gregory 'L. Dunham, Town Manager
(date) (date)
9
CITY OF PAHOKEE:
Roy Singletary, Mayor
(date) Gary J. Frechette, Chief of Police
(date')
Kenneth Schenck, City Manager
TOWN OF PALM BEACH:
(date) (date)
Lesly S. Smith, Mayor
(date) Frank A. Croft, Chief of Police
(date)
Thomas G. Bradford, Acting Town Mgr (date) Jack McDonald, President, Town Council (date)
PALM BEACH COUNTY SHERIFF'S OFFICE:
(date) Edward W. Bieluch, Sheriff (date)
(date)
PALM BEACH COUNTY SCHOOL DISTRICT:
(date)'
Thomas E. Lynch, Chairman
(date) James P. Kelly, Chief of School Police (date)
H. Benjamin Madin, Superintendent
CITY OF PALM BEACH GARDENS:
(date) (date)
Joseph R. Russo, Mayor
(date)
James O. FitzGerald, Chief of Police- (date)
r
(date) (date)
10
TOWN OF PALM BEACH SHORES:
Thomas R. Mills, Mayor
(date)
Roger K. Wille, Chief of Police
(date)
VILLAGE OF PALM SPRINGS:
(date)
Johp M. Davis, Mayor
(date)
Jay C. Pickens, Director of Public Safety
(date)
(date)
Karl E. Umberger, Village Manager (date)
CITY OF RIVIERA BEACH:
Michael D. Brown, Mayor
(date)
(date)
VILLAGE OFROYALPALMBEACH:
David ^. Lodwick, Mayor
(date)
(d~[e)
Jerry P. Pomba, Chief of Police
(date)
(date)
Michael A~ Bruscell, Sr.i Chief of Police (date)
CITY OF SOUTH .BAY:
(date)
{date)
Clarence E. Anthony, Mayor
(date), Danny D, Jones, Chief
11
(date)
(date)
(date)
~. .... TOWN OF SOUTH PALM BEACH:
Beverly Savin, Mayor
(date) Roger M. Crane, Chief of Police
(date)
VILLAGE OF TEQUESTA:
(date)
(date)
Joseph Capretta, Mayor
(date) Stephen J. Allison, Chief of Police
(date)
CITY OF WEST PALM BEACH:
(date)
(date)
-~Joel T. Daves, Mayor
(date) Ric L. Bradshaw, Chief of Police
(date)
(date)
(date)
12
Attachment !
Atlantis Police Department
Belle Glade Police Department
Boca Raton Police Department
_Boynton Beach Police Department
Delray Beach Police Department
Florida Atlantic University
Hi(
Ju
Lake
~ent
rtment
North Department
Ocea mt
Palm
Pal~
Pal~
Palm
Sol
District Police Department
Department
~rtment
~rtment