HomeMy WebLinkAboutResolution_09-93/94_01/13/1994 i
RESOLUTION NO. 9 — 93/94
A RESOLUTION OF THE VILLAGE COUNCIL OF
THE VILLAGE OF TEQUESTA, PALM BEACH
COUNTY, FLORIDA, APPROVING THE PALM
BEACH COUNTY LAW ENFORCEMENT AGENCIES
COMBINED OPERATIONAL ASSISTANCE AND
VOLUNTARY COOPERATION MUTUAL AID
i AGREEMENT AND AUTHORIZING THE MAYOR AND
CHIEF OF POLICE TO EXECUTE THE SAME ON
BEHALF OF THE VILLAGE.
NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE
VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, AS FOLLOWS:
SECTION 1. The Palm Beach County Law Enforcement Agencies
combined operational assistance and voluntary cooperation
Mutual Aid Agreement, attached hereto as Exhibit "A" and
incorporated by reference as a part of this Resolution, is
hereby approved and the Mayor and Chief of Police of the
• Village are authorized to execute the same on behalf of the
Village of Tequesta.
THE FOREGOING RESOLUTION was offered by Councilmember
i1 Earl L. Collings , who moved its adoption. The motion
was seconded by Councilmember Elizabeth A. Schauer , and
upon being put to a vote, the vote was as follows:
FOR ADOPTION AGAINST ADOPTION
William E. Burckart
Joseph N. Capretta
Ron T. Mackail
Elizabeth A. Schauer
Earl L. Collings
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The Mayor thereupon declared the Resolution duly passed and
adopted this 13th day of January , A.D., 1994.
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MAYOR OF TEQUESTA
Ron T. Mackail
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ATTEST:
oann MangamZello
Village Clerk
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PALM BEACH COUNTY LAW ENFORCEMENT AGENCIES
COMBINED
OPERATIONAL ASSISTANCE AND VOLUNTARY COOPERATION
MUTUAL AID AGREEMENT
WITNESSETH
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 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 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, 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
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 III: 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 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 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.
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, 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 for the documentation of said
complaint to ascertain at a minimum:
1. The identity of the complainant.
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• 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
• A. 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 were
performing duties inside the employee's political subdivision in which normally
employed.
B. 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.
C. 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.
D. 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.
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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 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.
F. 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.
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ATTEST:
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CITY OF ATLANTIS:
Clyde Farmer, Mayor (date) Robert G. Mangold, Chief of Police (date)
(date) (date)
CITY OF BELLE GLADE:
J. Stephen Weeks, Mayor (date) Michael R. Miller, Chief of Police (date)
Lomax Harrelle, City Manager (date) (date)
CITY OF BOCA RATON:
Bill T. Smith, Jr., Mayor (date) Peter Petracco, Chief of Police (date)
(date) Candace Bridgwater, City Clerk (date)
CITY OF BOYNTON BEACH:
Edward Harmening, Mayor (date) Thomas M. Dettman, Chief of Police (date)
(date) (date)
CITY OF DELRAY BEACH:
Thomas E. Lynch, Mayor (date) Richard G. Overman, Chief of Police (date)
(date) (date)
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CITY OF GREENACRES:
Samuel Ferrari, Mayor (date) John T. Treanor, Director of Public Safety (date)
(date) (date)
TOWN OF GULFSTREAM:
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) William Cecere, 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) Deborah S. Manzo, Town Clerk (date)
TOWN OF JUPITER:
Karen J. Golonka, Mayor (date) Richard Westgate, Chief of Police (date)
(date) (date)
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TOWN OF JUPITER INLET COLONY:
Nicholas Porto, Mayor (date) Randall J. Parker, Chief of Police (date)
(date) (date)
TOWN OF LAKE CLARK SHORES:
Gregory W. Casey, 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) Barbara A. Schiehing, Town Clerk (date)
CITY OF LAKE WORTH:
Rodney G. Romano, Mayor (date) Lee Reese, Chief of Police (date)
(date) Barbara Forsyth, City Clerk (date)
TOWN OF LANTANA:
Ronald Ferris, Town Manager (date) William Carson (date)
Chief of Emergency Services
• (date) (date)
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TOWN OF MANALAPAN:
Gerald Kent Shortz, Mayor (date) William W. Smith, III (date)
Director of Public Safety
Charles H. Helm, Town Manager (date) (date)
TOWN OF MANGONIA PARK:
Gale M. English, Mayor (date) Joseph vonDembowski, Chief of Police (date)
(date) (date)
VILLAGE OF NORTH PALM BEACH:
V.A. Marks, Mayor (date) Bruce F. Sekeres, Chief of Police (date)
(date) (date)
TOWN OF OCEAN RIDGE:
Daniel J. O'Connell, Mayor (date) Edward G. Hillery, Jr., Chief of Police (date)
Delano (Bill) Mathis, Town Manager (date) (date)
CITY OF PAHOKEE:
Ramon Horta, Mayor (date) Carmen Salvatore, III, Chief of Police (date)
Kenneth Schenck, City Manager (date) (date)
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TOWN OF PALM BEACH:
Paul R. Ilyinsky, Mayor (date) Joseph L. Terlizzese, Chief of Police (date)
Robert J. Doney, Town Manager (date) M. William Weinberg (date)
President, Town Council
PALM BEACH COUNTY SHERIFF'S OFFICE:
(date) Richard P. Wille, Sheriff (date)
(date) (fie)
PALM BEACH COUNTY SCHOOL BOARD:
• Arthur W. Anderson, Chairman (date) James P. Kelly, Chief of School Police (date)
C. Monica Uhlhorn, Superintendent (date) (fie)
CITY OF PALM BEACH GARDENS:
Joe Russo, Mayor (date) James O. FitzGerald, Chief of Police (date)
(date) (fie)
TOWN OF PALM BEACH SHORES:
Thomas C. Chilcote, Mayor (date) Roger K. Wille, Chief of Police (date)
(date) (fie)
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VILLAGE OF PALM SPRINGS:
Patrick D. Miller, Village Manager (date) E.W. Hoagland, III (date)
Director of Public Safety
(date) (date)
CITY OF RIVIERA BEACH:
Clara K. Williams, Mayor (date) Lorenzo Brooks, Chief of Police (date)
(date) (date)
VILLAGE OF ROYAL PALM BEACH:
• Tony Masilotti, Mayor (date) Jeff Waites, Chief of Police (date)
(date) (date)
CITY OF SOUTH BAY:
Clarence E. Anthony, Mayor (date) Roy L. Humston, Jr., Chief of Police (date)
(date) (date)
TOWN OF SOUTH PALM BEACH:
Margot Roberts, Mayor (date) Stanley Morse, Chief of Police (date)
• (date) Margot Beck, Town Clerk (date)
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VIL7 OF TEQUESTA:
is t 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)
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