HomeMy Public PortalAboutMutual Aid Agmt 2020-2021TOWN OF GULF STREAM
PALM BEACH COUNTY, FLORIDA
COMMISSIONERS
SCOTT W. MORGAN, Mayor
THOMAS M. STANLEY, Vice -Mayor
PAUL A. LYONS, JR.
JOAN K. ORTHWEIN
DONNA S. WHITE
November 13, 2020
North Palm Beach Police Department
ATTN: Police Captain Angela Dallesandro
560 US Highway 1
North Palm Beach, FL 33408
Dear Captain Dallesandro:
Telephone
(561)276-5116
Fax
(561)737-0188
Town Manager
GREGORY L. DUNHAM
Town Clerk
RITA L. TAYLOR
Please find enclosed a copy of the Palm Beach County Law Enforcement
Agencies Mutual Aid Agreement that has been properly executed by
the Town of Gulf Stream.
Very truly yours,
Rita L. Taylor
Town Clerk
Encl.
100 SEA ROAD, GULF STREAM, FLORIDA 33483
Palm Beach County Association of Chiefs of Police
Leadership excellence for Palm Beach County law enforcement since 1961
July 5, 2020
Palm Beach County Law Enforcement Agencies,
Enclosed is your agencies copy of the Combined Operational Assistance and Voluntary
Cooperation Mutual Aid Agreement that requires signature. It is scheduled to be reviewed and
must be signed and submitted by January 2021 by each of the subscribed Law Enforcement
Agencies. There are no changes in the Agreement.
Please refer to the page in the agreement that specifies the signatures that are required. This
agreement will replace the existing Agreement and shall take effect upon execution and approval
by the listed officials and shall continue through January 31, 2025.
The signed agreement should be sent to:
North Palm Beach Police Department
ATTN: Police Captain Angela Dallesandro
560 US Highway 1
North Palm Beach, FL 33408
Sinyth"�
0
k Jenkins
Past -President at Urge
P.O Box 1316 • West Palm Beach, Florida • 33407 • Phone: (772) 485-2289
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 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 1: 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 unit s.
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
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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 seventy-two (72) 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
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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.
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
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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, 2025. On or about
September 30, 2024, 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.
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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:
CITY OF ATLANTIS:
Michael LaCoursiere, Mayor (date) Robert G. Mangold, Chief of Police (date)
Brian Moree, City Manager (date) (date)
CITY OF BOCA RATON:
Scott Singer Mayor (date)
Leif Ahnell, City Manager (date)
CITY OF BOYNTON BEACH:
Steven B. Grant, Mayor (date)
Lori LaVerriere, City Manager (date)
CITY OF DELRAY BEACH:
Shelly Petrolia, Mayor (date)
George Gretsas, City Manager (date)
FLORIDA ATLANTIC UNIVERSITY:
John Kelly, President (date)
(date)
Michele Miuccio, Chief of Police (date)
(date)
Michael G Gregory, Chief of Police (date)
(date)
Javaro Sims, Chief of Police (date)
(date)
Sean Brammer, Chief of Police (date)
(date)
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TOWN OF GULFSTREAM:
i, h /2... / ,
Scott,IG10 gan, ayor (date) Edward Allen, Chief of Police
Greg•,' aunh. m, Town Manager (%ate)
TOWN OF HIGHLAND BEACH:
Douglas Hillman, Mayor
,i>2.2°
(date)
(date)
(date) Craig Hartmann, Chief of Police (date)
Marshall Labadie, Town Manager (date)
TOWN OF HYPOLUXO:
Michael Brown, Mayor
(date)
(date) Sean M. Scheller, Chief of Police (date)
Dixie Gualtieri, Deputy Clerk (date) (date)
TOWN OF JUNO BEACH:
Jason Haselkorn, Mayor (date)
Joseph F. Lo Bello, Town Manager (date)
TOWN OF JUPITER:
Todd R. Woodraska, Mayor (date)
Matt Benoit, Town Manager (date)
Brian J. Smith, Chief of Police (date)
(date)
Daniel J. Kerr, Chief of Police (date)
(date)
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TOWN OF JUPITER INLET COLONY:
Dr. Daniel J. Comerford III, Mayor (date) John Pruitt, Chief of Police (date)
Kevin Lucas, Town Administrator (date) (date)
TOWN OF LAKE CLARKE SHORES:
Valentin Rodriguez Jr., Mayor (date) William W. Smith, III, Chief of Police (date)
Daniel Clark, Town Administrator (date) (date)
TOWN OF LANTANA:
David J. Stewart, Mayor
(date) Sean M. Scheller, Chief of Police (date)
Deborah Manzo, Town Manager (date) (date)
TOWN OF MANALAPAN:
Keith Waters, Mayor
(date) Carmen Mattox, Chief of Police (date)
Linda A. Stumpf, Town Manager (date) (date)
VILLAGE OF NORTH PALM BEACH:
Susan Bickel, Mayor
(date) Richard E. Jenkins, Chief of Police (date)
Andrew Lukasik, Village Manager (date) (date)
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TOWN OF OCEAN RIDGE:
Kristine de Haseth, Mayor
(date) Hal Hutchins, Chief of Police (date)
Tracey Stevens, Town Manager (date)
TOWN OF PALM BEACH:
Gail L. Coniglio, Mayor (date)
Kirk Blouin, Town Manager (date)
PALM BEACH COUNTY SHERIFF'S OFFICE:
(date)
Nicholas Caristo, Chief of Police (date)
(date) Ric L. Bradshaw, Sheriff
(date)
THE SCHOOL BOARD OF PALM BEACH
COUNTY, FLORIDA:
(date)
(date)
Frank A Barbieri Jr., Chairman (date) Frank J Kitzerow Jr., Chief of School Police (date)
Donald Fennoy, Superintendent (date) (date)
CITY OF PALM BEACH GARDENS:
Mark Marciano, Mayor (date) Clinton Shannon , Chief of Police (date)
Ronal Ferris, City Manager (date) (date)
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TOWN OF PALM BEACH SHORES:
Alan Fier, Mayor
(date) Steven Langevin Administrative Sergeant
Chief of Polico (date)
Evyonne Browning, Town Clerk (date)
VILLAGE OF PALM SPRINGS:
Beverly Smith, Mayor (date)
Richard Reade, Village Manager (date)
CITY OF RIVIERA BEACH:
Ronnie Felder, Mayor (date)
Johathan Evans, City Manager (date)
TOWN OF SOUTH PALM BEACH:
Bernice Fischer, Mayor (date)
Robert Kellogg, Town Manager (date)
(date)
Thomas Ceccarelli, Chief of Police (date)
(date)
Spencer Rozier, Chief of Police (date)
(date)
Mark Garrison, Chief of Police (date)
(date)
STATE ATTORNEY FOR THE FIFTEENTH JUDICIAL CIRCUIT IN AN FOR PALM BEACH
COUNTY:
(date) Greg Kridos, State Attorney
Fifteenth Judicial Circuit.ln and For
Palm Beach County, Florida
(date)
(date) (date)
VILLAGE OF TEQUESTA:
Abby Brennan, Mayor
(date) Gustavo Medina, Chief of Police (date)
Jeremy Allen, Village Manager (date) (date)
CITY OF WEST PALM BEACH:
Keith James, Mayor
(date) Thomas Ceccarelli, Chief of Police (date)
Faye Johnson, City Administrator (date) (date)
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Attachment
Atlantis Police Department Boca
Raton Police Department Boynton
Beach Police Department Delray
Beach Police Department Florida
Atlantic University Gulfstream
Police Department Highland Beach
Police Dept. Hypoluxo-Town of
Juno Beach Police Department
Jupiter Police Department
Jupiter Inlet Colony Police Department
Lake Clarke Shores Police Department
Lantana Police Department
Manalapan Police Department
North Palm Beach Police Department
Ocean Ridge Police Department
Palm Beach Police Department
Palm Beach County Sheriffs Office
Palm Beach County School District Police Department
Palm Beach Gardens Police Department
Palm Beach Shores Police Department
Palm Springs Police Department
Riviera Beach Police Department
South Palm Beach Police Department
State Attorney, Fifteenth Judicial Circuit for Palm Beach County
Tequesta Police Department
West Palm Beach Police Department
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