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1997-31 Mutual Aid Agreement for Law Enforcement Svs with Broward Cty RESOLUTION NO. 97-31 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF PARKLAND, FLORIDA, AUTHORIZING THE CITY OFFICIALS TO ENTER INTO A LAW ENFORCEMENT MUTUAL AID AGREEMENT WITH BROWARD COUNTY FOR VOLUNTARY COOPERATION AND OPERATIONAL ASSISTANCE FOR LAW ENFORCEMENT SERVICES WHEREAS, the City Commission of the City of Parkland, Florida approves entering into the attached Law Enforcement Mutual Aid Agreement with Broward County for Voluntary Cooperation and Operational Assistance for law enforcement services; and WHEREAS, the City of Parkland City Commissioners believe that the proposed agreement is in the best interest of the citizens of Parkland; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF PARKLAND, FLORIDA: Section 1. That the appropriate City officials are hereby authorized to execute the attached Law Enforcement Mutual Aid Agreement with Broward County for Voluntary Cooperation and Operational Assistance for law enforcement services, Section 2. That this Resolution shall become in full force and effect immediately upon its passage and adoption, PASSED AND ADOPTED THIS 17 DAY OF SEPTEMBER , 1997. CITY OF PARKLAND, FLORIDA SAi~~~ ATTEST: . . LA W 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 accordance 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 protecting the public peace 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 respective jurisdictional lines in the described situations and under the terms and procedures outlined below. ' 1. 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 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 misdemeanor occurring in the cooperating jurisdiction, the Law Enforcement Officer may physically arrest the perpetrator and preserve the crime scene. Control of both the person(s) 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 of 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, Voluntary Investigations: On-duty officers from one jurisdiction may conduct investigations (that originate in their jurisdiction) in any of the undersigned jurisdictions. If enforcement action is anticipated, the locations and nature of the investigation will be told to the agency's on-duty communications liaison person. C, Traffic Control Assistance: I, Whenever a traffic crash involving suspected injuries of a serious nature is reported to the jurisdiction in which the crash occurred, and that law enforcement agency 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 assistance. The cooperation effort shall be restricted to necessary first aid and traffic direction. 1 2, Hazardous Traffic Conditions Assistance. a. In a situation where automated traffic control devices located within the jurisdictional b01.lIl~aries of one agency have malfunctioned and a traffic crash is imminent unless control is established immediately, cooperation may be provided. b. Where an incident occurs on a roadway or so near thereto that the potential for traffic crashes appears imminent, cooperation may be provided. 3. The cooperative efforts for traffic crashes and/or hazardous traffic conditions outline above shall be restricted to the necessary and standard traffic control and direction activities and shall not include traffic enforcement. Control of the incident shall be immediately relinquished to the first available officer from the agency having jurisdictional responsibility. D, Terms and Procedures: 1. A participating agency!will answer for vol1.lIltary cooperation only to the extent that the available personnel and equipment are not required for adequate protection of that agency. The commander 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 designee. 3. Voluntary cooperation can also be initiated by an on-duty officer who views an in.progress crime, traffic crash or need for traffic control in the other cooperating agency's jurisdiction. The supervising authority of that employee shall be notified immediately to enable that supervisor to authorize and direct actions taken by the employee. 4. An officer taking voluntary action should notify the communications liaison person in the assisted agency as soon as possible. The assisted agency 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 imm1.lIlities as if they were taking action within their employing jurisdiction. 6. Law Enforcement Officers or employees responding 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, worker's compensation claims and medical expenses shall be paid by the employing agency, unless the requesting agency is reimbursed by other authorities. persons or political entities. 2 ~..~'-'-- D. Tenns and Procedures: 1. A request for operational assistance shall be made by the commander of the agency, or his designee. 2. A participating agency will provide operational assistance only to the extent that the personnel and equipment are not required for the adequate protection of that agency. The commander 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. S. All wage and disability payments, pensions, worker's compensation claims and medical expenses shall be paid by the employing agency, unless the requesting agency is reimbursed by other authorities, persons or political entities. However, when the agency directing the operational assistance is negligent in the command of the situation, that agency will be responsible for costs arising out of any injury to personnel. 6. Each agency shall be responsible for bearing any costs associated with the loss or damage of any equipment or property used during an operational assistance situation. However, when the agency directing the operational assistance is negligent in the command of the situation, said agency shall 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, III. SEVERANCEffERMINATlON. Any of the undersigned governmental entities shall have the unconditional right to withdraw from this agreement upon giving a thirty (30) day written notice to each Police Chief of the remaining member entities. IV, DURATION OF AGREEMENT. This Agreement shall be in effect from January 1, 1998 to December 31, 2008, among those governmental entities executing this agreement. It may be renewed, extended or modified only by written agreement executed by each governmental entity. , 4 , . ...1 ,. i LAW ENFORCE1~IENT MUTUAL AID AGREEMENT FOR VOL, UNTAR Y COOPERATION AND OPERATIONAL ASSISTANCE INDIVIDUAL GOVERNMENTAL ENTITY SIGNATURE SHEET WITNESSES: PARKLAND CITY OF: ~M~ ~~ BY, (Si.,J-P 4'k-- SAL PAGLIARA (print name) (CORPORATE SEAL) MAYOR (official title) ArrEST: ~~~~~ City Clerk (signature)""'J SUSAN ARMSTRONG City Clerk (print name) APPROVED AS TO FORM: ~ ANDREW MAURODIS. ESQ. City Attorney (print name) STATE OF FLORIDA: COUNTY OF BROW ARD: BEFORE ME, an officer duly authorized by law to administer oaths and take acknowledgments, did personally appear: ! MAYOR SAL PAGLIARA AND! SUSAN ARMSTRONG. CITY CLERK (insert names and official titles) of the City of PARKLAND , 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 (SEAL) OF TH . FOREGOING, I have set my hand and official seal at the City of , in the State and County aforesaid on this, the ,1m. ~ No P ic .: .. ~ M't~'t:C"'1 . til EllI'llU: .....:11. ,. . ..... ......1IIIIlliIe.r 1'lMI.......