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Mutual Aid Agreement Coral Gablesf j y/OLUNTARY COOPERATION AND OPERATIONAL ASSISTANCE MUTUAL AID AGREEMENT BETWEEN THE CITY OF CORAL GABLES, FLORIDA AND THE "CITY OF MIAMI BEACH, FLORIDA WHEREAS, it is the responsibility of the governments of the City of Coral Gables, j 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 Coral Gables 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 Coral Gables 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 ~ - ~ ~ i (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 Gity of Coral Gables and the City of Miami .Beach have the 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 iaw enforcement nature across jurisdictional lines as allowed ~ under §23.1:225, ` 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 Coral Gables, 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: i 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 riot 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. Lncidents 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 wilt 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 111: PROCEDURE FOR REQUESTING ASSISTANCE Ln 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 hislher 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 . hail 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 1 (a) Employees-of the City of Coral Gables and the City of Miami Beach, when actually engaging in mutual cooperation and assistance outside of .their normaV jurisdictional limits but inside this State, under the terms of this Agreement, shall pursuant to the provisions of Section 23.127(1), Fla. Stet. (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 fhe 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 Coral Gables Police Department 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. ROVED NOT APPROVED SECTION IX: INSURANCE - Each party shall .provide satisfactory I the means specified in Section 768.28(16) Date• blj 11liV1 V %nitials: Sy: Michaol S. Sperber, CIC CRM Flo ~ ~tnre of in an ount Human Rewnreos Deperdneot 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 i;10) days of receipt of notice or actual knowledge of such change. SECTION X: ~ EFFECTIVE DATE This Agreement shall take effect upon execution anal,, approval. by both parties A and shall continue in full force and: effect until December 31, 2013. 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. . ~. 2or0~~ . AGREED TO AND ACKNOWLEDGED this~K~ day of ~l , X998. CITY M1AM1 BEACH FLORIDA CO GABLES, FLORLDA /~ ~CARLOS E. NORLE R CHAR . NAUE, JR. POLICE.CHIEF ~' '` POLICE CHIEF _ Date: ~ ~ /~ ~ Date: ~ ~J /~ v o ~'' ~~ RG Z, CI Y IAN GER TRICKS ~LER !O, CITY .MANAGER ' ~ te: `~ / 7Df~ Date: ~~` ~-~ r ,r _ l,G/„G~//~ MATT~'HERRERA-BOWER MAYOR - . Date:... 5~~a- 2aj0 ,e .ATTEST:- ,` . - Qom- - ROBERT PARCHER CITY CLERK APPROVED AS TO fORM ~ LANGUAGE FOR,EXECUTlON _..,_ S~ °i /O i~ 4 DONALD SLE$NICK 11. MAYOR ' Date: ~ Z~ /~ ATTEST' - " . ~ ' ~ k~ ~~ WALTER F ,~ CITY CLERK Z~ ~U Approved as to rm and legal sufFdi~tley: EI' th M. Hernandez, CityAttomey