HomeMy WebLinkAbout1991-52 Mutual Aid Agreement with Cities of Broward CountyRESOLUTION NO. 91 - b2
A RESOLUTION OF THE. CITY COMMISSION OF THE CITY OF
PARKLAND, FLORIDA AUTHORIZING THE CITY OFFICIALS TO
EXECUTE THE E4ROWARD COUNTY MUTUAL AID AGREEMENT FOR
VOLUNTARY COOPERATION AND OPERATIONAL ASSISTANCE
BETWEEN THE CITY OF PARKLAND AND THE GOVERNMENTAL
ENTITIES OF BROWARD COUNTY, FLORIDA
WHEREAS, the City Commission of the City of Parkland finds
and determines it is in the best interests of the citizens of the
City to enter into the attached Mutual Aid Agreement with the
Governmental Entities of Broward County, Florida for the purpose
of voluntary cooperation and operational assistance between the
City of Parkland and the Governmental Entities of Broward County,
Florida;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF PARKLAND, FLORIDA:
Ses.tinn_1,. That the appropriate City officials are hereby
authorized to execute the attached Agreement between the City of
Parkland, Florida and the Governmental Entities of Broward County
Florida.
5'ectisah_2, That this Resolution shall be in full force and
effect immediately upon its passage and adoption.
PASSED AND ADOPTED THS18th IDAY OF
SUSAN ARMSTRONG, CMC, " CLERKY
DECEMBER 0991.
SAL AGLIARA, YOR
LAW ENFORCEMENT
MUTUAL AID AGREEMENT
FOR•
VOLUNTARY COOPERATION
AND OPERATIONAL ASSISTANCE
The undersigned Governmental Entities in Broward County,
Florida, together establish this mutual aid agreement pursuant to
Section 23.1225 (1), (2), Florida Statute, known';;as the Florida
Mutual Aid Act. In accord with the authority granted therein,
the jurisdictions agree to the following agreement covering
voluntary cooperation and operational assistance, The agreement
provides for law enforcement activities across jurisdictional
lines in certain defined circumstances for the purpose of pro-
tecting the public pence and safety and preserving the lives
and property of the citizens of each Governmental Entity.
The undersigned Governmental Entities agree to permit
voluntary cooperation and assistance, one to the other, in
specified routine law enforcement activities across their re-
spective jurisdictional lines in the described situations and
under the terms and procedures outlined belp.w:
I. VOLUNTARY COOPERATION. The undersigned governmental
entities recognize that an increasing number of criminals are
operating in more than one jurisdiction, and that there is a need
for a continuing multi -city response capability to this threat.
The following voluntary cooperation agreement is created to
provide this capability.
A. In -Progress Crime Assistance:
1. Whenever an on -duty law enforcement officer
from one jurisdiction views a felony or a misde-
meanor occurring in the cooperating jurisdiction,
the law enforcement officer may physically arrest
the perpetrator and preserve the crime scene.
Control of both the persons apprehended and the
crime scene will be relinquished to the first
available officer from the jurisdiction in which
the incident occurs. Whenever remaining at the
scene exposes either the officer or the subject
to imminent physical danger, the subject and any
physical evidence may be transported or otherwise
relocated.
2. It is the intent o•f• the undersigned
governmental entities that this subsection apply
to off-duty law enforcement officers subject to
the specific rules and regulations as promulgated
by each agency.
B. Voluntamy Investigations:
On -duty officers from one jurisdiction may
conduct investigations (that originate in their
jurisdiction) in any of the undersigned jurisdic-
tions. If enforcement action is anticipated, the •
location and nature of the investigation will be
told to the agency's on -duty communication liaison
person.
C. Traffic Control Assistance:
1. Whenever a traffic accident involving
suspected injuries of a serious nature is reported
to the jurisdiction in which the accident occur-
red, and that law enforcement agen'6y is unable to
provide the immediate response necessary to render
aid to the injured or prevent further injury, the
cooperating agency may be contacted for assis-
tance. The cooperation effort shall'be restrict-
ed to necessary first aid and traffic direction.
2. Hazardous Traffic Conditions Assistance.
a. In a situation where automated traffic
control devices located within the jurisdic-
tional boundaries of one agency have malfunc-
tioned and a traffic accident is imminent
unless control is established immediately,
cooperation may be provided.
b. Where an incident occur s'•on a trafficway
or so near thereto that the potential fel-
traffic
ortraffic accidents appears imminent, cooper-
ation may be provided.
3. The cooperative efforts for traffic acci-
dents and/or hazardous traffic conditions outlined
above shall be restricted to the necessary and
standard traffic control and direction acitivties
and shall not include traffic enforcement. Con-
trol of the incident shall be immediately relin-
quished to the first available officer from the
agency having jurisdictional responsibility. .
D. Terms and Procedures:
1. A participating agency will answer for '
voluntary cooperation only .to the extent that the
available personnel and equipment are not required
for adequate protection of that agency. The Com-
mander of the agency, or his designee, shall have
the sole authority to determine the amount of
personnel and equipment, if any, available for
cooperative assistance.
2. A request for voluntary cooperation shall be
made by the Commander of the agency, or his de-
signee.
3. Voluntary cooperation can also be initiated
by an on -duty officer who views an in -progress
crime, traffic accident or need for traffic
control in the other cooperating agency. The
supervising authority of that employee shall be
notified immediately to enable that supervisor to
authorize and direct actions taken by the
employee.. -
,L;
4. An officer taking voluntary action should
notify the communications liaison person in the
assisted agency as soon as possible. The assisted
agent' shall relieve the assisting officer(s) as
soon as possible.
5. Whenever the employees of one party to this
agreement are rendering aid to the other party
pursuant to the authority contained in this
agreement, such employees shall have the same
powers, duties, rights, and immunities as if they
were taking action within their employing juris-
diction.
6. Law enforcement officers or employees res-
ponding to a voluntary cooperation request shall
be under the direction and authority of the
commanding officers of the agency to which they are
called.
7. All wage and disability payments, pensions,
workers' compensation claims, and medical expenses
shall be paid •by the employing agency, unless the
requesting agency is reimbursed by other authori-
ties, persons, or political entities. However,
when the agency directing the voluntary coopera-
tion is negligent in the command of the situation,
that agency will be responsible for costs arising
out of any injury to personnel.
8. Each agency shall be responsible for bearing
any cost associated with the loss or damage or any
equipment or property used during a voluntary
cooperation situation. However,. when the agency
directing the voluntary cooperation is negligent
in the command of the situation, said agency will
be responsible for such loss or damages.
9. Each agency shall bear all costs associated
with any negligent act taken by an employee of
their own agency, unless such act was ordered by
the officer directing the voluntary cooperation
situation. In that case, any civi,l liability that
might arise will be the responsibility of the
agency employing the officer determined to be neg-
ligent in command.
10. Each agency shall promulgate rules and
regulations concerning the status of its off-duty
law enforcement officers as applied to In -Progress
Crime Assistance.
II. OPERATIONAL ASSISTANCE. The undersigned Governmental
Entities recognize that special public safety problems arise qn
an occasional basis that require additional law enforcement per-
sonnel. The following operational assistance agreeement is
created to provide the Governmental Entities a way to give and
receive aid.
A. "Forcible Felony" Requests:
When one jurisdiction has a reported forcible
felony as defined in Florida Statute 776.08, and
that agency is unable to provide the immediate
response necessary to prevent imminent death,
great bodily harru, or substantial property loss
as a result of said forcible felony, that juris-
diction may request the operationaL assistance of
the other agency.
B.. Search for Fugitive or Missing Person Requests:
1. When one agency is conducting a search for a
fugitive whose presence is known or reasonably
believed to *be in that jurisdiction, and immediate
assistance to apprehend said fugitive is necessary
in order to prevent continued freedom of the
fugitive or to protect nearby persons or property
from an imminent threat created by said fugi-
tive's presence, that agency may request coopera-
tive assistance.
2. When one agency is conducting a search for a
missing person whose presence is known or reason-
ably believed to be in that jurisdiction and
immediate assistance is necessary'in order to
takethemissing person into "custody or to protect
nearby persons or property from an imminent threat
created by the incident, that agency may request
operational assistance.
C. Other Spontaneous Incidents:
1. Other major spontaneous incidents or
situations not meeting the criteria designating a
disaster as outlined in Chapter 252; Florida
Statutes, may' form the basis for an operational
assistance request, provided the assistance is
reasonably necessary to avoid or quell a major
calamity affecting the safety of persons or
property.
2. Operational assistance may be requested and
supplied for special events and conditions that
occur for extended periods of time. The assis-
tance may include patrol services.
D. Terms and Procedures:
1. A request for operational assistance shall be
made by the Commander of the agency or his desig-
nee.
2. A participating agency will provide opera-
tional assistance only to th•e extent that the
personnel and equipment are not required for the
adequate protection of that agency. The Comman-
der of the agency, or his designee, shall have.
the sole authority to determine the amount of
personnel and equipment, if any, available for
operational assistance.
3. Whenever the employees of one party to this
agreement are rendering aid to the other party
pursuant to the authority contained in this
agreement, such employees shall have the same
powers, duties, rights and immunities as if .,taking
action within their employing jurisdiction.
4. Law enforcement officers or employees
responding to an operational assistance request
shall be under the direction and authority of the
commanding officers of the agency to which they
are called.
5. All wage and disability payments, pensions,
workers' compensation claims, and medical expenses
shall be paid by the employing agency, unless the
requesting agency is reimbursed by other authori-
ties, persons, or political entities. However,
when the agency directing the operational assis-
tance is negligent in the command of the situa-
tion, that agency will be responsible for costs
arising out of any injury to personnel.
6. Each agency shall be responsible for bearing
any c'bsts associated with the loss or damage of
any equipment or property used during an opera-
tional assistance situation. However, when the
agency directing the operational assistance is
negligent in the command of the situation, said
agency will be•responsible for such loss or
damage.
7. Each agency shall bear all costs associated
with any negligent act taken by an employee of
their own agency, unless such act was ordered by
the officer directing the operational assistance
situation. In that case, any civil liability that
might arise will be the responsibility of the
agency employing the officer determined to be
negligent in command.
DEC cU '91 11:37 FROM CITY OF LIGHTHOUSE PT PHGE.002
III. TERMINATION. Any of the undersigned Governmental Entities
shall have the unconditional right to withdraw from this
agreement upon giving a 30 day written notice to each Police
Chief of the remaining member entities.
This Agreement shall be in effect from January 1, 1992
to December 31, 1997, among those Governmental Entities executing
this agreement. It may be renewed, extended or modified only by
written agreement executed by each Governmental Entity.
CITY OF COCONUT CREEK
(1) Signed this day of , 19
By By
(Authorized Signature) (Print Name)
(Title)
(2) Signed this day of 19_
By By
(Authorized Signature, if (Print Name)
necessary)
(Title)
CITY OF COOPER CITY
(1) Signed this day of , 19,
By By
(Authorized Signature) (Print Name)
By
(2) Signed this day of
By
(Title)
, 19
(Authorized Signature, if (Print Name)
necessary)
(Title)
CITY OF CORAL SPRINGS
(1) Signed this day of , 19_,_
By By
(Aut or ze S gnature) (rrint Name)
(2) Signed this
(Title)
day of , 19
By By
(Authorized Signature, if (Print Name)
necessary)
(Title)
TOWN OF DAVIE
(1) Signed this day of , 19_
By
(Authorized Signature) (Print Name)
By
(Title)
(2) Signed this day of , 19_
By '
(Authorized Signature, if (Print Name)
necessary)
By
(Title)
CITY OF HALLENDALE
(1) Signed this day of , 19
By By
(Authorized Signature) (Print Name)
(Title)
(2) Signed this day of ,. 19_
By By
(Authorized Signature, if (Print Name)
necessary)
(Title)
TOWN OF HILLSBORO BEACH
(1) Signed this day of , 19
By By
(Authorized Signature) (Print Name)
(Title)
(2) Signed this day of , 19
By By
(Authorized Signature, if (Print Name)
necessary)
CITY OF HOLLYWOOD A
(1) Signed this
(Title)
day of , 19
By BY
(Authorized Signature) (Print Name) '
(2) Signed this
(Title)
day of , 19
By By .
.(Authorized Signature, if (Print Name)
necessary)
(Title)
TOWN OF LAUDERDALE-BY-TIIE-SEA
(1) Signed this day of , 19'
. By
(Authorized Signature) (Print Name)
By•
(Title)
(2) Signed this day of , 19
By By
(Authorized Signature, if (Print Name)
necessary)
(Title)
CITY OF LIGHTHOUSE POINT
• (1) Signed this day of , 19
By By
(Authorized Signature) (Print Name)
(Title)
(2) Signed this day of , 19_
By By
(Authorized Signature, if (Print Name)
necessary)
(Title)
CITY OF MARGATE
(1) Signed this day of , 19
By By
(Authorized Signature) (Print Name)
(Title)
(2) Signed this day of ,19
By By .
(Authorized Signature, if • (Print Name)
necessary)
D
CITY OF MIRAMAR
(Title)
(1) Signed this day of
By
(Authorized Signature)
By
• (2) Signed this day of
(Print Name)
(Title)
, 19
, 19
By By
(Authorized Signature, if (Print Name)
necessary)
• (Title)
CITY OF NORTH LAUDERDALE
(1) Signed this day of , 19__
By By
(Authorized Signature) (Print Name)
(Title)
(2) Signed this day of , 19
By By
(Authorized Signature, if (Print Name)
necessary)
(Title)
CITY OF OAKLAND PARK
(1) Signed this day of , 19,_
By By
(Authorized Signature) (Print Name)
(Title)
(2) Signed this day of
By By
(Authorized Signature, if (Print Name)
necessary)
CITY OF PARKLAND
(1)
Signed
this
, 19__
(Title)
/i1 day of 19 9/
ByBy SAL PAGLIARA
(Au h rized S'� ature) (Print Name)
MAYOR
(Title)
(2) Signed this day of , 19
By By
(Authorized Signature, if (Print Name)
necessary)
CITY OF PEMBROKE PINES
(1) Signed this
(Title)
day of , 19
By By
(Authorized Signature) (Print Name)
(Title)
(2) Signed this day of
By
(Authorized Signature, if (Print Name)
necessary)
By
19
CITYOF PLANTATION
•
(Title)
(1) Signed this day of , 19
By
(Authorized Signature) (Print Name)
By
(Title)
(2) Signed this day of , 19
ByBy
(Authorized Signature, if (Print Name)
necessary)
(Title)
CITY OF POMPANO BEACH
(1) Signed this day of , 19__
ByBy
(Authorized Signature) (Print Naine)
(Title)
(2) Signed this day of , 19_
By By
(Authorized Signature, if (Print Name)
necessary)
(Title)
VILLAGE OF SEA RANCH LAKES
(1) Signed this day of - , 19_
By By
(Authorized Signature) (Print Name)
(Title)
(2) Signed this day of , 19
ByBy
(Authorized Signature, if (Print Name)
necessary)
(Title)
CITY OF SUNRISE
(1) Signed this day of , 19
By By —
(Authorized Signature) (Print Name)
(Title)
(2) Signed this day of , 19
By By
(Authorized Signature, if (Print Name)
necessary)
(Title)
CITY OF WILTON MANORS
(1) Signed this day of , 19_
By By
(Authorized Signature) (Print Name)
(Title)
(2) Signed this day of , 19
O.
By By
(Authorized Signature, if (Print Name)
necessary)
(Title)
LAW ENFORCEMENT MUTUAL AID AGREEMENT
FOR
VOLUNTARY COOPERATION AND OPERATIONAL ASSISTANCE
WITNESSES:
(Corporate Seal)
APPROVED AS TO FORM:
CITY ATTORNEY
STATE OF FLORIDA:
COUNTY OF BROWARD:
CITY OF PARKLAND
By
SAL
ATTEST:
TZ CI1ANAGER
SUSAN ARMSTRONG,CMC,CIT CLERK
BEFORE ME, an officer duly authorized by law to administer
oaths and take acknowledgements, personally appeared SAL
PAGLIARA, HARRY J. MERTZ and SUSAN ARMSTRONG, respectively, of
the City of Parkland, Florida, a municipal corporation of Florida
and acknowledged they executed the foregoing Agreement as the
proper officials of the City of Parkland and the same is the act
and deed of the City of Parkland.
IN WITNESS OF THE FOREGOING, T have set my hand and official
s al at Parkland, in the State and County aforesaid on
, 1991.
(Seal)
otary Public
My Commission Expires:
NOTARY PUBLIC STATE OP FLORIDA
?4 COMMLSSiON EXP. JULY 20.1995
BONDED THRU GFIVERAL INS. UND.
ADMINISTRATIVE RULES FOR
POLICE ACTIONS AND ARRESTS OUTSIDE JURISDICTION
UNDER MUTUAL AID AGREEMENT
Pursuant to Section 23.1225 (1), (2), Florida Statute, known
as the Florida Mutual Aid Act, which provides for the establish-
ment of cooperative mutual aid between jurisdictional entities,
law enforcement agencies in Broward County have joined in an
agreement covering voluntary cooperation and operational
assistance.
VOLUNTARY COOPERATION. The subscribing agencies recognize that
criminals cross jurisdictional lines and that there is a need for
a multi -city response capability. It is recognized that officers
while on duty, and when outside of their own jurisdiction, and
when confronted with situations which require immediate •response
must be able to act with full authority, privileges, Immunities
and liabilities protection.
1. The officer shall limit his.actions to criminal
acts which inadvertently or spontaneously take
place in his presence.
2. He shall limit his outside jurisdiction
investigations to those cases which emanate from
his own jurisdiction. •
3.. The officer shall not act in those situations
which can be delayed for handling by the proper
jurisdiction.
4. The officer shall notify the jurisdiction of
record as soon as practical when taking emergency
action and his own agency.
5. The officer shall give prior notice of any
investigative activity to the communications
center of the jurisdiction to be affected.
6. The officer shall seek the assistance of the
jurisdiction of record when making non -emergency
arrests.
7. The officer shall, when making emergency,
spontaneous, and necessary arrests outside of
jurisdiction, detain the person arrested until the
arrival of the proper jurisdiction, unless
otherwise directed.
8. When directed to transport by the proper
jurisdiction, the officer shall transport the
arrested to the nearest booking facility.
9. The officer, when. required to act in another
jurisdiction, under the provision of this
agreement, shall'have full authority.
10. When the officer has the dual authorities of the
municipal deputy under the Sheriff, and .Mutual
Aid, available to him, the Mutual Aid authority
shall take precedence.
11. Traffic enforcement shall be excluded as an
accepted activity, except for life endangering
criminal traffic such as Driving Under the
Influence, or Reckless Driving.
It
12. Under the spirit of this agreement, effort shall
be made to increase the level of cooperation
between agencies as a means of achieving a more
efficient and effective law enforcement.
OPERATIONAL ASSISTANCE. The subscribing Governmental Entities
under the provisions of this agreement shall be able to seek
assistance from other agencies in emergency disasters, or planned
events. The officers shall be able to respond to these requests
while fully empowered.
1. Liabilities remain with the employeeing city
whether acting in or out of jurisdiction. The
only exception would be gross negligience on the
part of the requesting agency.
2. Supervision in a planned operation or disaster,.
can be delegated to the most 'experienced
leadership, regardless of jurisdiction, without
altering the liability responsibility.
O.