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R94-15RESOLUTION NO. R94-/~ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING AND DIRECTING THE MAYOR, POLICE CHIEF AND CITY CLERK TO EXECUTE A PALM BEACH COUNTY LAW ENFORCEMENT AGENCIES COMBINED OPERATIONAL ASSISTANCE AND VOLUNTARY COOPERATION. MUTUAL AID AGREEMENT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the 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; and 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 protect the public peace and safety and preserve th~ lives and property of the people; 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, Police Chief and City Clerk to execute the Palm Beach County Law Enforcement Agencies Combined Operational Assistance and Voluntary Cooperation Mutual Aid Agreement, attached hereto as Exhibit "A". Section 2. This Resolution immediately upon passage. shall take effect PASSED AND ADOPTED this / day of February, 1994. CITY OF BOY. TON BEACh, FLORIDA / ATTEST: Cit~ Clerk (Corporate Seal) MutualAid. BBPD 1/26/94 PALM BEACH COUNTY LAW ENFORCEMENT AGENCIES COMBINED OPERATIONAL ASSISTANCE AND VOLUNTARY COOPERATION MUTUAL AID AGREEMENT WITNESSETH WHEREA~, the subscribing Law Enforcement Agencies are so located n 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, WHEREA-~, the 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 rendenng of assistance in a law enforcement emergency as defined in Section 252.34. NOW, THEREFORE, THE AGENCIES AGREE AS FOLLOWS: SECTI ON 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, parades, escapes from detention facilities, and incidents requinng 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, drug violations, pursuant to Chapter 893, Florida Statutes, backup services during patrol activities, and inter-agency task forces and/or joint investigations. SECTION II1: 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 ~s sought shall evaluate the situation and his/her available resources and wilt 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 [or 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 resources or facilities 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. 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 standard operating procedure is contradicted, contravened or otherwise, n 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 for the documentation of said complaint to ascertain at a minimum: 1. The identity of the complainant. 2 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 administr~ive 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 Jn 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 eacn 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 were performing duties inside the employee's political subdivision in which normally employed. Each agency agrees to furnish necessary 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 equipment, resources, facilities, and services in furnishing such mutual aid. 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 dudng 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. 3 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, 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. 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, 1996. 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. 4 ATTEST: CITY OF ATLANTIS: Clyde Farmer, Mayor (date) Robert G. Marigold, Chief of Police (date) CITY OF BELLE GLADE: (date) (date) J. Stephen Weeks, Mayor (date) Michael R. Miller, Chief of Police (date) Lomax Harrelle, City Manager CITY OF BOCA RATON: Bill T. Smith, Jr., Mayor (date) (date) (date) Peter Petraccc, Chief of Police (date) (date) Candace Bridgwater, City Clerk (date) c,TY OF Edward Harm~ning, Mayor (dat~. ~o ~ ~ ~omas De,man, Chief of Police CITY OF DELRAY BEACH: Thomas E. Lynch, Mayor (date) Richard G. Overman, Chief of Police (date) (date) (date) 5 CITY OF GREENACRES: Samuel Ferrari, Mayor (date) TOWN OF GULFSTREAM: (date) William Koch, Jr., Mayor (date) Scott Harrington, Town Manager (date) TOWN OF HIGHLAND BEACH: Arlin Voress, Mayor (date) Mary Ann Mariano, Town Manager (date) TOWN OF JUNO BEACH: Frank W. Harris, Mayor (date) Gall F. Nelson, Town Manager (date) TOWN OF JUPITER: Karen J. Golonka, Mayor (date) (date) John T. Treanor, Director of Public Safety (date) (date) Robert Schultz, Chief of Police (date) (date) William Cecere, Chief of Police (date) (date) Mitchell L. Tyre, Chief of Police (date) Deborah S. Manzo, Town Clerk (date) Richard Westgate, Chief of Police (date) (date) 6 ?OWN OF JUPITER INLET COLONY: Nicholas Porto, Mayor (date) (date) TOWN OF LAKE CLARK SHORES: Gregory W. Casey, Mayor (date) TOWN OF LAKE PARK: (date) William H. Wagner, Mayor (date) CITY OF LAKE WORTH: (date) Rodney G. Romanc, Mayor (date) TOWN OF LANTANA: (date) Ronald Ferris, Town Manager (date) (date) Randall J. Parker, Chief of Police (date) (date) Michael A. Bruscell, Sr., Chief of Police (date) (date) Jeffrey Lindskoog, Chief of Police (date) Barbara A. Schiehing, Town Clerk (date) Lee Reese, Chief of Police (date) Barbara Forsyth, City Clerk (date) William Carson Chief of Emergency Services (date) (date) 7 TOWN OF MANALAPAN: Gerald Kent Shortz, Mayor (date) Charles H. Helm, Town Manager (date) TOWN OF MANGONIA PARK: Gale M. English, Mayor (date) (date) VILLAGE OF NORTH PALM BEACH: V.A. Marks, Mayor (date) TOWN OF OCEAN RIDGE: (date) Daniel J. O'Connell, Mayor (date) Delano (Bill) Mathis, Town Manager (date) CITY OF PAHOKEE: Ramon Horta, Mayor (date) Kenneth Schenck, City Manager (date) William W. Smith, III Director of Public Safety (date) (date) Joseph vonDembowski, Chief of Police (date) (date) Bruce F. Sekeres, Chief of Police (date) (date) Edward G. Hillery, Jr., Chief of Police (date) (date) Carmen Salvatore, III, Chief of Police (date) (date) 8 'tOWN OF PALM BEACH: Paul R. Ilyinsky, Mayor (date) Robert J. Doney, Town Manager (date) PALM BEACH COUNTY SHERIFF'S OFFICE: (date) (date) PALM BEACH COUNTY SCHOOL BOARD: Arthur W. Anderson, Chairman (date) C. Monica Uhlhorn, Superintendent (date) CITY OF PALM BEACH GARDENS: Joe Russo, Mayor (date) (date) TOWN OF PALM BEACH SHORES: Thomas C. Chilcote, Mayor (date) (date) 9 Joseph L. Terlizzese, Chief of Police (date) M. William Weinberg President, Town Council Richard P. Wille, Shedff (date) (date) (date) James P. Kelly, Chief of School Police (date) (date) James O. FitzGerald, Chief of Police (date) (date) Roger K. Wilte, Chief of Police (date) (date) VILLAGE OF PALM SPRINGS: Patrick D. Miller, Village Manager (date) E.W. Hoagland, III Director of Public Safety (date) CITY OF RIVIERA BEACH: Clam K. Williams, Mayor (date) (date) Lorenzo Brooks, Chief of Police (date) (date) (date) VILLAGE OF ROYAL PALM BEACH: Tony Masilotti, Mayor (date) (date) Jeff Waites, Chief of Police (date) CITY OF SOUTH BAY: (date) Clarence E. Anthony, Mayor (date) Roy L. Humston, Jr., Chief of Police (date) (date) (date) TOWN OF SOUTH PALM BEACH: Margot Roberts, Mayor (date) (date) (date) Stanley Morse, Chief of Police (date) Margot Beck, Town Clerk 10 (date) VILLAGE OF TEQUESTA: Ron Mackail, Mayor (date) Carl R. Roderick, Chief of Police (date) (date) (date) CITY OF WEST PALM BEACH: Nancy M. Graham, Mayor (date) Billy R. Riggs, Chief of Police (date) (date) (date) 11