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1991-52 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.