R92-191RESOLUTION NO. R92-/~/
A RESOLUTION OF THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA,
AUTHORIZING THE ~YOR AND CITY CLERK TO
EXECUTE A ~%gJTUAL AID AGREEMENT BETWEEN
THE CITY OF BOYNTON BEACH AND DELRAY
BEACH POLICE DEPARTMENT; PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the subscribed 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
intensive situations, including, but not limited to, emergencies as
defined under Section 252.34(2), F.S.; and
WHEREAS, it is the intent of this Agreement, considering the
existing and continuing possibility of intensive situations and
other ~aw enforcement emergencies, to ensure that the preparation
of law enforcement will be adequate to deal with such activity,
protect the public peace and safety, and preserve the lives and
property of the people; and
WHEREAS, the City Commission of the City of Boynton Beach
deems it to be in the best interest of the citizens and residents
of the City of Boynton Beach, Florida to enter into a Mutual Aid
Agreement with the Delray Beach Police Department;
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 the Mutual Aid Agreement between the City of
Boynton Beach, Florida and the Delray Beach Police Department,
which Agreement is attached hereto as Exhibit "A".
Section 2.
upon passage.
This Resolution shall take effect immediately
PASSED AND ADOPTED this ~ day of October, 1992.
CITY OF BOYNTON BEACH,
~.ayor
FLORIDA
ATTEST:
(Cor~-~r~te Seal)
Conm Lssioner
Co~ ~i~ner
CormisSio~.r
AEA .
COMBINED MUTUAL AID AGREEMENT
THIS COMBINED MUTUAL AID AGREEMENT, hereinafter the
"Agreement," made and entered into this day of 6Zi7a43,4F.Q ,
1992, by and between the DELRAY BEACH POLICE DEPARTMENT and the
CITY OF BOYNTON BEACH -- BOYNTON BEACH POLICE DEPARTMENT, pursuant
to the provisions of Chapter 23, Part I, Florida Statutes, known as
the "Florida Mutual Aid Act," hereinafter the "Act," comprises a
"voluntary cooperation agreement" and a "requested operational
assistance agreement" as the terms are used in the Act.
Witnesseth:
WHEREAS, the subscribed 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
intensive situations including, but not limited to, emergencies as
defined under Section 252.34(2), F.S.; and
WHEREAS, it is the intent of this Agreement, considering the
existing and continuing possibility of intensive situations and
other law enforcement emergencies, to ensure that the preparation
of law enforcement will be adequate to deal with such activity,
protect the public peace and safety, and preserve the lives and
property of the people; and
WHEREAS, the DELRAY BEACH POLICE DEPARTMENT and the BOYNTON
BEACH POLICE DEPARTMENT have the authority under the Act, to enter
into a "requested operational assistance agreement" for rendering
of assistance in a law enforcement emergency that crosses
jurisdictional lines; SCANNFD
JAN 31 2012
>_»t" r ; )E; k S Of ;
NOW, THEREFORE, the parties agree as follows:
SECTION I: PROVISIONS FOR VOLUNTARY COOPERATION
Pursuant to Section 23.1225, F.S. of the Act, each of the
aforesaid law enforcement agencies hereby approves and enters into
this Agreement whereby each of the agencies may request and render
law enforcement assistance to the other including investigating
homicides, sex offenses, robberies, assaults, burglaries,
larcenies, gambling, motor vehicle thefts, drug violations pursuant
to Chapter 893, F.S., and including backup services during patrol
activities, inter - agency task forces and joint investigations.
SECTION II: PROVISIONS FOR OPERATIONAL ASSISTANCE
Pursuant to Section 23.1225(2), F.S. of the Act, the aforesaid
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 responding to civil
disturbances, large protest demonstrations, aircraft disasters,
fires, natural or man -made disasters, sporting events, concerts,
parades, escapes from detention facilities, and incidents requiring
utilization of specialized units and any emergency which qualifies
under F.S. 252.34(2).
SECTION III: PROCEDURE FOR REQUESTING ASSISTANCE
In the event that either party to this Agreement is in need of
assistance as set forth above, the police chief or his designee of
the agency requiring assistance shall notify the police chief from
whom such assistance is required. The police chief whose
assistance is sought shall evaluate the situation and his agency's
available resources and shall respond in the manner deemed
2
appropriate. The police chief or his designee's decision in this
regard shall be final.
SECTION IV: COMMAND AND SUPERVISORY RESPONSIBILITY
The resources or facilities that are assigned by the assisting
agency shall be under the immediate command of a supervising
officer designated by the assisting police chief. Such supervising
officer shall be under the direct supervision and command of the
police chief of the agency requesting assistance.
SECTION V: INDEMNIFICATION AND LIABILITY
To the extent permitted by law, the City of Delray Beach and
the City of Boynton Beach shall each be responsible for its own
negligence. Nothing herein shall be deemed to waive any immunities
granted pursuant to Section 768.28, Florida Statutes.
SECTION VI: POWERS, PRIVILEGES, IMMUNITIES AND COSTS
a. Employees of the DELRAY BEACH POLICE DEPARTMENT when
actually engaging in mutual cooperation and assistance outside of
the jurisdictional limits of the City of Delray Beach, but inside
this State under the terms of this Agreement shall, pursuant to the
provisions of Section 23.127(1), F.S. of the Act, 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. The same conditions shall
apply to the employees of the BOYNTON BEACH POLICE DEPARTMENT when
they are outside the jurisdictional limits of Boynton Beach, Palm
Beach County, also.
b. Each party agrees to furnish necessary equipment,
resources and facilities and to render services to each other party
3
to the Agreement as set forth above; provided however, no party
shall be required in the sole discretion of its police chief to
deplete unreasonably its own equipment, resources, facilities, and
services in furnishing such mutual aid.
c. The party 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.
d. The party furnishing aid pursuant to this Agreement shall
compensate its appointees /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 engaging in rendering such
aid.
e. 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, shall 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
Agreement. The provisions of this Agreement shall apply with equal
effect to paid, volunteer, reserve and auxiliary employees.
f. Nothing herein shall prevent the requesting party from
requesting supplemental appropriations from the governing authority
4
having budgeting jurisdiction to reimburse the assisting party for
any actual costs or expenses incurred by the assisting party
performing hereunder.
SECTION VII: LIABILITY INSURANCE
Each party shall provide satisfactory proof of liability
insurance by one or more of the means specified in Section
768.28(14), 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 cancelled or
undergo material change, that party shall notify all parties to
this Agreement of such change within ten (10) days of receipt of
notice of actual knowledge of such cancellation or change.
SECTION VIII: EFFECTIVE DATE
a. This Agreement shall take effect upon execution and
approval by the hereinafter named officials and shall continue in
full force and effect until September 30, 1993 and shall be
renewed automatically every year unless terminated prior thereto by
either of the parties.
b. This Agreement shall be reviewed annually for any
necessary changes.
SECTION IX: CANCELLATION
This Agreement may be cancelled by any party upon delivery of
written notice to the other party.
SECTION X: AGREEMENTS TO BE FILED
This Agreement shall be filed with the Florida Department of
Law Enforcement pursuant to Florida Statutes Section 23.1225(4) by
5
the entity that last approves the Agreement. In addition, this
Agreement constitutes an interlocal agreement that shall also be
filed by the last entity approving the Agreement pursuant to
Section 163.01(11), Florida Statutes, with the Clerk of the Circuit
Court of Palm Beach County, Florida.
IN WITNESS WHEREOF, the parties have executed this Agreement
the day and year above first written.
CITY OF BOYNTO BEACH, FLORIDA
Attest: BY: �� ""
Mayor Arline Weiner
Cir/ Clerk
CITY OF DE • ACH FLORIDA
Attest: By:
/ ` • r Th E . Lynch
/ .r
ity Clerk /
Approv-∎ as 'o form and
Leg. .� ffi.iency•
tk
C't A' - ` Bo'nton Beach
AgO
Ci • A ''ey - Delray Beach
boynton.agt
6