Mutual Aid Agreement with City of South Miami~?vo 9'-a7aa ~
VOLUNTARY COOPERATION AND OPERATIONAL ASSISTANCE
MUTUAL AID AGREEMENT
BETWEEN THE CITY OF SOUTH MIAMI, AND
THE CITY OF MIAMI BEACH, FLORIDA
WHEREAS, it is the responsibility of the governments of the City of South Miami,
Florida, and the City of Miami Beach, Florida, to ensure the public safety of their
respective citizens by providing adequate levels of police services to address any
foreseeable routine or emergency situation; and
WHEREAS, because of the existing and continuing possibility of the occurrence
of law enforcement problems and other natural and man-made conditions which are, or
are likely to be, beyond the control of the services, personnel, equipment, or facilities of
the City of South Miami Police Department or the City of Miami Beach Police
Department; and
WHEREAS, in order to ensure that preparation of these law enforcement
agencies will be adequate to address any and all of these conditions, to protect the
public peace and safety, and to preserve the lives and property of the people of the City
of South Miami and the City of Miami Beach; and
WHEREAS, it is to the advantage of each law enforcement agency to receive
and extend mutual aid in the form of law enforcement services and resources to
adequately respond to:
(1) Continuing, multi jurisdiction law enforcement problems, so as to protect the
public peace and safety, and preserve the lives and property of the people;
and
(2) Intensive situations including but not limited to emergencies as defined under
§252.34, Florida Statutes, or requests for certain law enforcement services
specified herein and as defined under §23.1225, Fla. Stat.; and
WHEREAS, the City of South Miami and the City of Miami Beach have the
voluntary cooperation and assistance authority under the Florida Mutual Aid Act,
§23.12-23.127, Fla. Stat., to enter into this voluntary cooperation and assistance Mutual
Aid Agreement for law enforcement service which:
(1) Permits voluntary cooperation and operational assistance of a routine law
enforcement nature across jurisdictional lines as allowed under §23.1225,
Fla. Stat.; and
(2) Provides for rendering of assistance in a law enforcement emergency as
defined in §252.34, Fla. Stat.,
NOW THEREFORE, BE IT KNOWN that the City of South Miami, Florida and the
City of Miami Beach, Florida, in consideration for mutual promises to render valuable
aid in times of necessity, do hereby agree to fully and faithfully abide by and be bound
by the following terms and conditions:
SECTION I: PROVISIONS FOR VOLUNTARY COOPERATION
Each of the aforesaid law enforcement agencies hereby approve and enter into
this Agreement whereby each of the agencies may request and render law enforcement
assistance to the other in dealing with any violations of Florida Statutes to include, but
not necessarily be limited to, investigating sex offenses, robberies, assaults, batteries,
burglaries, larcenies, gambling, motor vehicle thefts, drug violations pursuant to Chapter
893, F.S., routine traffic offenses, backup services during patrol activities, and
interagency task forces and/or joint investigation.
SECTION II: PROVISIONS FOR OPERATIONAL ASSISTANCE
The aforesaid law enforcement agencies hereby approve and enter into this
Agreement whereby each of the agencies may request and render law enforcement
assistance to the other to include, but not necessarily be limited to dealing with, the
following:
1. Joint multi jurisdictional criminal investigations
2. Civil affray or disobedience, disturbances, riots, large protest
demonstrations and assemblies, controversial trials, political conventions,
labor disputes, and strikes.
3. Any natural disaster.
4. Incidents which require rescue operations and crowd and traffic control
measures including, but not limited to, large-scale evacuations, aircraft
and shipping disasters, fires, explosions, gas line leaks, radiological
incidents, train wrecks and derailments, chemical or hazardous waste
spills, and electrical power failures.
5. Terrorist activities including, but not limited to, acts of sabotage.
6. Escapes from, or disturbances within, prisoner processing facilities.
7. Hostage and barricaded subject situations, and aircraft piracy.
8. Control of major crime scenes, area searches, perimeter control, back-ups
to emergency and in-progress calls, pursuits, and missing person calls.
9. Enemy attack.
10. Transportation of evidence requiring security.
11. Major events, e.g., sporting events, concerts, parades, fairs, festivals, and
conventions.
12. Security and escort duties for dignitaries.
13. Incidents requiring utilization of specialized units; e.g., underwater
recovery, aircraft, canine, motorcycle, bomb, crime scene and police
information.
14. Emergency situations in which one agency cannot perform its functional
objective.
15. Joint training in areas of mutual need.
16. Joint multi jurisdictional marine interdiction operations.
The following procedures will apply in mutual aid operations:
1. Mutual aid requested or rendered will be approved by the Chief of Police,
or designee.
2. Specific reporting instructions for personnel rendering mutual aid will be
included in the request for mutual aid. In the absence of such instructions,
personnel will report to the ranking on-duty supervisor on the scene.
3. Communications instructions will be included in each request for mutual
aid and each agency's communications centers will maintain radio contact
with each other until the mutual aid situation has ended.
4. Incidents requiring mass processing of arrestees, transporting prisoners,
and operating temporary detention facilities will be handled per
established procedures of the requesting agency, or directors involved.
SECTION III: PROCEDURE FOR REQUESTING ASSISTANCE
In the event that a party to this Agreement is in need of assistance as set forth
above, the Chief of Police or his/her designee, shall notify the agency director or his/her
designee from whom such assistance is requested. The director or authorized agency
representative whose assistance is sought shall evaluate the situation and the agency's
available resources, consult with his/her supervisors if necessary and will respond in a
manner he/she deems appropriate.
The director 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.
Should a law enforcement officer be in another subscribed agency's jurisdiction
for matters of a routine nature, such as traveling through the area on routine business,
attending a meeting or going to or from work, and a violation of Florida Statutes occurs
in the presence of said party, representing his/her respective agency, he/she shall be
empowered to render enforcement assistance and act in accordance with law. Should
enforcement action be taken, said party shall notify the agency having normal
jurisdiction and upon the tatter'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, or secure apprehension of
criminals whom the law enforcement officer may encounter.
SECTION IV: COMMAND AND SUPERVISORY RESPONSIBILITY
The personnel and equipment that are assigned by the assisting director shall be
under the immediate command of a supervising officer designated by the assisting
director. Such supervising officer shall be under the direct supervision and command of
the director or his/her designee of the agency requesting assistance.
SECTION V: CONFLICTS
Whenever an officer is rendering assistance pursuant to this Agreement, the 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.
SECTION VI: 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 director 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 party can be contacted.
3. The specific allegation
4. The identity of the employees accused without regard as 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 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 VII: LIABILITY
Each party engaging in any mutual cooperation and assistance, pursuant to this
Agreement, agrees to assume responsibility for the acts, omissions or conduct of such
party's own employees while engaged in rendering such aid pursuant to this Agreement,
subject to the provisions of Section 768.28, Florida Statutes, where applicable.
SECTION VIII: POWERS, PRIVILEGES, IMMUNITIES AND EXPENDITURES
(a) Employees of the City of South Miami and the City of Miami Beach, when
actually engaging in mutual cooperation and assistance outside of their normal
jurisdictional limits but inside this State, under the terms of this Agreement, shall
pursuant to the provisions of Section 23.127(1), Fla. Stat. (as amended), 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 party agrees to furnish necessary personnel equipment, resources
and facilities and to render services to each other party to the agreement as set forth
above; provided however, that no party shall be required to deplete unreasonably its
own personnel, equipment, resources, facilities, and services in furnishing such mutual
aid.
(c) A party that furnishes equipment pursuant to this Agreement 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.
(d) The agency furnishing aid pursuant to this Agreement shall compensate
its appointees/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 aid.
(e) To the extent provided by applicable law, ordinance, or rule, the privileges
and immunities from liability, exemption from laws, ordinances and rules, and all
pension, insurance, relief, disability, worker's 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 to paid, volunteer, and reserve
employees.
(f) 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.
(g) Should the City of South Miami receive reimbursement for expenditures
from a third party for a mutual aid event covered by this Agreement, the City of Miami
Beach Police Department shall be eligible to receive an equitable reimbursement share
for any actual costs or expenses incurred that are directly attributable to the event,
provided such costs and expenses are authorized by the third party for reimbursement
purposes.
SECTION IX: INSURANCE
Each party shall provide satisfactory proof of liability insurance by one or more of
the means specified in Section 768.28(16)(a), Florida Statutes (2004), in an amount
which is, in the judgment of the governing body of that party, at least adequate to cover
the risk to which that party may be exposed. Should the insurance coverage, however
provided, of any party be canceled or undergo material change, that party shall notify all
parties to this agreement of such change within ten (10) days of receipt of notice or
actual knowledge of such change.
SECTION X: EFFECTIVE DATE
This Agreement shall take effect upon execution and approval by both parties
and shall continue in full force and effect until December 31, 2014. Under no
circumstances may this agreement be renewed, amended, or extended except in
writing.
SECTION XI: CANCELLATION
Either party may cancel its participation in this Agreement at any time upon
delivery of written notice to the other party.
In witness whereof, the parties hereto cause to these presents to be signed on
the date specified.
AGREED TO AND ACKNOWLEDGED this day of ~~'l , 2010.
CITY OF~MIAMI BEACH, FLORIDA
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CARLOS E. N RIEGA
POLICE CHIEF ~f'
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CITY M A R
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A IHERRERABO
MAYOR //
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THE CITY OF TH MIA L
ROBERT ICHARDSON, II
POLICE CHIEy'
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ROGER CARLTON
CITY MANAC~EF~r
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PHI LIP STODDARD
MAYOR ~~yy,,
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ROBERT PARCHER
CITY CLERK
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ARIA M. ME~NhEND
CITY CLERK
APPROVED AS TO
FORM & LANGUAGE
'' & F ,R EXECUTION
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