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HomeMy Public PortalAboutAgreement 2012-2016PALM 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 1, 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 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 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/or voluntarily render routine law enforcement assistance to the other, 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, inter -agency task forces and/or joint investigations, and coverage for overtime details. SECTION III: 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 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 a sworn law enforcement officer(s) be in another subscribed agency's jurisdiction and violation of Florida Statutes occurs, which is a crime of violence, in the presence of said officer, he/she shall be empowered to exercise authority as a law 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 written report documenting the event and the actions taken. 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 emergencies already being addressed by the agency of normal jurisdiction, but is intended to address critical, life-threatening or public safety situations, prevent bodily injury to citizens, and/or secure apprehension of violent criminals whom the law enforcement officer may encounter. In any jurisdiction where the Sheriff of Palm Beach County has primary law enforcement responsibilities, the following shall apply: When a sworn law enforcement officer of a subscribing law enforcement agency has established probable cause to arrest an K individual(s) as a result of an investigation regarding any Forcible Felony, as defined in Section 776.08, Florida Statutes, or any act of Domestic Violence as defined in Section 741.28, Florida Statutes, that occurred within the jurisdiction of the arresting officer, he/she is authorized to make this arrest in any jurisdiction where the Sheriff has primary law enforcement responsibilities upon exigent circumstances and provided said offense occurred within the previous twenty-four (24) hours. Prior to any officer making any such arrest pursuant to this paragraph, the officer shall notify the Palm Beach County Sheriffs Office Commanding Officer in charge of the district in which the action will be taken. This paragraph does not include the authority to make non-consensual or forcible entries into private dwellings, residences, living spaces or business spaces which are not open to the public, i.e., authority derived pursuant to this paragraph may be exercised only when in places open to the public or private places into which the arresting officer has entered with the consent of an occupant entitled to give consent. In all other jurisdictions within the Palm Beach County, the following shall apply: Sworn law enforcement officers of subscribing law enforcement agencies are hereby authorized to exercise the power to make arrests in any subscribing agency's jurisdiction of persons identified as a result of investigations regarding any offense constituting a felony or any act of Domestic Violence as defined in Section 741.28, Florida Statutes, that occurred within the jurisdiction of the arresting officer. However, this paragraph does not include authority to make non-consensual or forcible entries into private dwellings, residences, living spaces or business spaces which are not open to the public, i.e., authority derived pursuant to this paragraph may be exercised only when in places open to the public or private places into which the arresting officer has entered with the consent of an occupant entitled to give consent. Prior to any officer taking enforcement action pursuant to this paragraph, the officer shall notify the Commanding Officer in charge of the jurisdiction in which the action will be taken, unless exigent circumstances prevent such prior notification, in which case notification shall be made as soon after the action as practicable. 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 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 cooperative effort as it may pertain to this designee of the requesting agency shall be complaint to ascertain at a minimum: The identity of the complainant. a complaint has arisen as a result of a Agreement, the Agency Head or his/her responsible for the documentation of said 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 was performing duties inside the employee's political subdivision in which normally employed. B. 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 its own personnel, equipment, resources, facilities, and services in furnishing such mutual aid. C. 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. D. 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. E. The agency furnishing aid pursuant to this section shall compensate its 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 engaged in rendering such assistance. F. 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. G. 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. H. 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 January 31, 2017. On or about September 30, 2016, a committee will be established by the Palm Beach County Association of Chiefs of Police, Inc., to review this Agreement and revise, if necessary. 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. 9 CITY OF GREENACRES: Samuel J. Ferreri, Mayor Wadie Atallah, City Manager (date) Michael L. Porath, Director of Public Safety (date) (date) (date) (date) Gar ett J. Ward, OKief of Police (date) William Hher, Town Manager (date) 1�, Ta ylc,; �ivn Clir/r (date) TOWN OF HIGHLAND BEACH: Bernard Featherman, Mayor Kathleen D. Weiser, Town Mgr TOWN OF HYPOLUXO: (date) Craig Hartmann, Chief of Police (date) (date) Kenneth M. Schultz, Mayor (date) Barbara L. Searls, Town Clerk (date) TOWN OF JUNO BEACH: Mort Levine, Mayor (date) Joseph F. LoBello, Town Manager (date) (date) Sean M. Scheller (date) (date) Brian J. Smith, Chief of Police (date) 0 (date) COMMISSIONERS JOAN K. ORTHWEIN, Mayor THOMAS M. STANLEY, Vke Mayor MURIEL J. ANDERSON W. GARRETT DERING ROSERTW.GANGER December 24, 2012 TOWN OF GULF STREAM PALM BEACH COUNTY, FLORIDA Palm Beach County School District Police Dept. Attn: Pat Haight 3330 Forest Hill Blvd., B127 West Palm Beach, Florida 33406-5869 Dear Ms. Haight: Telephone (561)276-5115 Fm (561) 737-0166 Town Manager WILLIAM H. THRASHER Town Clerk RITA L. TAYLOR Please find enclosed our original signature page of the Mutual Aid Agreement. I understand that a fully executed agreement will be sent to us. Very truly yours, r?, Rita L. Taylor Town Clerk Encl. 100 SEA ROAD, GULF STREAM, FLORIDA 33483 12/24/2912 99:49 5612752528 GULF STREAM P D PAGE 01/01 rage 1 OI 1 Garrett Ward From: Pat Haight [pO.heighte mbeachachools.orgl Sant: Monday, November 12, 2012 3;32 PM To: Robert Mangold; dcalexanderCci.boca.raton.fl.us; Immlerm6d.twynton-beach.fims; stdanesCmydelraybeach.com; clown®fau,edu; mporathW.greenacres.fl.us; Garrett Ward; chartrrannW.highland-beseh.fl.us; swheller@lantena.org; bamithMunoheachpd.00m; frankk(Rupiter.fl.us; stewartj(gDjupfleriMett:oForuy.org; chlefamithlcsobellsouth.nat cmattox0manalapan.org; rjenidna@villages npb•mg; cysnnuui nridgefloWs.com; kbloukmilDpalmbeachpolice.com; sherMpbso.org; sstepp(opbgfl.00m; Steve Kntffin; tceccarelll@vpefl.org; Cwilliamsadvieraboh.com; chlefepbpd®aol.com; panton9ociQsa15.st9te.fl.us; GPitooceil1QTequesta.org; vdemasi@wpb.org Subject Mutual Aid Agreement Good morning Chiefs/Sheriff, On behalf of Chief IAM Leon, attached please find the Mutual Aid Agreement with updated signature pages. The Agreement includes the PESO jurisdiction arrest information. Please review the Agreement and let us know if there are any changes to be made. Once approved by your governing bodies, if you would, please ask your secretary to forward the original signature page to our office at the address listed below: Palm Beach County School District Police Department ATIN: Pat Haight 3330 Forest Hill Boulevard, B127 West Palm Beach, Florida 33406-5869 As in prior years, once we receive the original signature pages, we will submit a copy to the FDLE Mutual Aid Program Coordinator in accordance with Section 23.1225(4), Florida Statutes. Further, a final copy of the Mutual Aid Agreement including all agencies' executed signature pages will be forwarded to you. Thank you for your attention in this matter. Pat Pat Peach Haight Chiefs Secretary P73C School District Police 561 34-8435 �� -, The Latest School District News: Home of 234 Award tinning Career Aeademlee and Choice Programs Dlaerelmw: thidar Fbtlda Yw, small addmmen am puenc mcord . If Y rwouttYa ao nd sural ypur edtlraa mleaaed M rMOonae top publb plda MCIUM, do not w Id eiecironld mel m thine". Idelead, cdnfw:t atfioe eY ahork m M wmk,p, 11/28/2012