Voluntary Cooperation and Operational Assistance Mutual Aid Agreement o2U .1794
VOLUNTARY COOPERATION AND OPERATIONAL ASSISTANCE
MUTUAL AID AGREEMENT
BETWEEN THE FLORIDA INTERNATIONAL UNIVERSITY AND
THE CITY OF MIAMI BEACH, FLORIDA
This Voluntary Cooperation and Operational Assistance Mutual Aid Agreement
("Cooperation Agreement") is made as of this 2�a day of rAk)! , 2012
(Effective Date), by and between the CITY OF MIAMI BEACH, FLORIDA, a municipal
corporation having its principal office at 1700 Convention Center Drive, Miami Beach,
Florida 33139, and the FLORIDA INTERNATIONAL UNIVERSITY having its principal
office at 11200 S.W. 108th Place, #PC528, Miami, Florida 33199,6te as follows:
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RECITALS
WHEREAS, it is the responsibility of the City of Miami Beach and the Florida
International University, by and through. the Florida International University Police
Department, to ensure the public safety of their citizens, students and faculty, by
providing adequate levels of police services to address any foreseeable joint operation
or emergency situation; and
WHEREAS, the existence of, and continuing possibility that there may be the
occurrence of law enforcement problems, and other natural and man-made conditions
which are, or are likely to be, beyond the control of services, personnel, equipment, or
facilities of the City of Miami Beach Police Department and the Florida International
University Police Department; and
WHEREAS, it is necessary to ensure that these law enforcement agencies will
have adequate resources to address these potential dangerous conditions, to protect
the public peace and safety, and to preserve the lives and property of the people of the
City of Miami Beach, and the students and faculty of the Florida International University;
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
Section 252.34 of the Florida Statutes, or requests for certain law
enforcement services specified herein and as defined under Section 23.1225
of the Florida Statutes; and
WHEREAS, the Florida International University and the City of Miami Beach
have the voluntary cooperation and assistance authority under the Florida Mutual Aid
Act, Sections 23.12-23.127 of the Florida Statutes, to enter into this Voluntary
Cooperation and Operational Assistance Mutual Aid Agreement, ("Cooperation
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 Section
23.1225, of the Florida Statutes; and
(2) Provides for rendering of assistance in a law enforcement emergency as
defined in Section 252.34 of the Florida Statutes.
NOW THEREFORE, BE IT KNOWN that the Florida International University 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 Cooperation 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 of the Florida Statutes, 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.
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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 AND LIMITATIONS
OF ASSISTANCE
In the event that a party to this Cooperation Agreement is in need of assistance
as set forth above, the Chief of Police or his/her designee, shall notify the Chief of
Police or his/her designee from whom such assistance is requested. The Chief of Police
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 Chief of Police 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,
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attending a meeting or going to or from work, and a violation of Florida Statutes occurs
in the presence of said party that is deemed a breach of the peace, representing his/her
respective agency, HE/SHE SHALL ONLY BE EMPOWERED TO RENDER
ENFORCEMENT ASSISTANCE AND ACT IN ACCORDANCE WITH FLORIDA LAW.
Should enforcement assistance be taken, said party shall notify the agency having
normal jurisdiction, and upon the latter'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, shall not grant general authority to conduct investigations, serve warrants,
and/or subpoenas or to respond without requests 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 Jo citizens, or secure
apprehension of criminals whom the law enforcement officer may encounter and such
encounter results in a breach of the peace.
The Parties acknowledge that the policy of the Florida Mutual Aid Act is to
provide a means to deal with disasters, emergencies, and other major law enforcement
problems. This Cooperation Agreement shall not extend police powers beyond the
specific additional authority granted by the Legislature in Chapter 23 of the Florida
Statutes, which intent was to assure the continued functioning of law enforcement in
times of emergencies or in areas where major law enforcement effort's were being
thwarted by jurisdictional barriers, and the respective parties, police officers and
authority are limited to those instances where the subject matter of the investigation
originates inside the municipal city limits.
SECTION IV. COMMAND AND SUPERVISORY RESPONSIBILITY
The personnel and equipment that are assigned by the assisting Agency shall be
under the immediate command of a supervising officer designated by the assisting
Agency. Such supervising officer shall be under the direct supervision and command of
the Chief of Police or his/her designee of the agency requesting assistance.
SECTION V. CONFLICTS
Whenever an officer is rendering assistance pursuant to this Cooperation
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 Cooperation Agreement, the Chief of Police
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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
Cooperation Agreement, agrees to assume full and final responsibility for the acts,
omissions or conduct of such party's own employees while engaged in rendering such
aid pursuant to this Cooperation Agreement, subject to the provisions of Section 768.28
of the Florida Statutes, where applicable.
SECTION VIII. POWERS, PRIVILEGES, IMMUNITIES AND EXPENDITURES
(a) Employees of the Florida International University 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) of the Florida Statutes (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 Cooperation 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 Cooperation Agreement shall
compensate its appointees/employees during the time such aid is rendered and shall
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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 Cooperation
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 Florida International University receive reimbursement for
expenditures from a third party for a mutual aid event covered by this Cooperation
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.
(h) The Florida International University Police Department shall notify of, and
authorize the City of Miami Beach to pursue any forfeiture matters seized pursuant to
the Florida Contraband Forfeiture Act. The City of Miami Beach shall have the
exclusive authority to initiate forfeiture proceedings under the Florida Contraband
Forfeiture Act for any matters which arise from a mutual aid event that is covered by this
Cooperation Agreement. The City of Miami Beach, upon successfully prosecuting a
forfeiture action, may share in those proceeds seized by the Florida International
University Police Department, as acceptable by the Chief of Police for the City of Miami
Beach, and the Miami Beach Police Legal Advisor.
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) of the Florida Statutes (2010), 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.
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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 January 1, 2017. 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 Cooperation 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
, 2012.
CITY OF MIAMI BEACH, FLORIDA F ORIDA INTERNATIONAL UNIVERSITY
RAYMOND MARTINEZ ALEXANDER CASAS
POLICE CHIEF POLICE CHIEF
Date: 3 -9 Date:
J RG . GO LEZ D . KENNETH ESSELL
ITY MMAGER CHIEF FINANCIAL OFFICER AND
SENIOR VICE PRESIDENT
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Date: 3&59 z0(v Date:
MiWY I ER ERA
A/0 A
BOWER Approv o form
Date:
I.U. Attorney
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