MUTUAL Aid Agreement with Miami 2-0 J 2
VOLUNTARY COOPERATION AND
OPERATIONAL ASSISTANCE
MUTUAL AID AGREEMENT
BETWEEN
THE CITY OF MIAMI, FLORIDA AND
THE CITY OF MIAMI BEACH, FLORIDA
This Voluntary Cooperation and Operational Assistance Mutual Aid Agreement is
made as of this day of , 2012, by and between the CITY OF
MIAMI, FLORIDA, a Florida municipal corporation, having its principal office at 3500 Pan
American Drive, Miami, Florida 33133, and the CITY OF MIAMI BEACH, FLORIDA, a
Florida municipal corporation having its principal office at 1700 Convention Center Drive,
4t" Floor, Miami Beach, Florida 33139, and states as follows:
WHEREAS, it is the responsibility of the City of Miami, Florida, and the City of
Miami Beach, Florida, by and through their respective Police Departments, to ensure the
public safety of their citizens by providing adequate levels of police services to address
any fo r eseeable routine o r emergency situation; and
WHEREAS, there is an 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 Miami Police Department or the City of Miami Beach Police Department; and
WHEREAS, the City of Miami and the City of Miami Beach are so located in
relation to each other that it is to the advantage of each to receive and extend mutual
aid in the form of law enforcement services and resources to adequately respond to:
1. Continuing, multi-jurisdictional criminal activity, 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, natural or manmade disasters or
emergencies as defined under Section 252.34, Florida Statutes; and
WHEREAS, the City of Miami and the City of Miami Beach have the authority
under the Mutual Aid Act, Chapter 23, Part I, Florida Statutes, to enter into a mutual aid
agreement for law enforcement services which:
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1. Permits voluntary cooperation and assistance of a routine law enforcement
nature across jurisdictional lines; and,
2. Provides for rendering of assistance in a law enforcement emergency.
NOW, THEREFORE, BE IT KNOWN, that the City of Miami and the City of
Miami Beach, 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 homicides, sex offenses, robberies,
burglaries, thefts, gambling, motor vehicle thefts, controlled substances violations, DUI
violations, backup services during patrol activities, and inter-agency task forces and/or
joint investigations.
SECTION If: 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, technological or manmade 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.
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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,
marine patrol, aircraft, canine, motorcycle, bicycle, mounted, SWAT, 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.
SECTION III: PROCEDURE FOR REQUESTING OPERATIONAL ASSISTANCE
1. Mutual aid requested or rendered will be approved by the Chief of Police, or
designee. The Chief of Police, or designee, of the agency 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.
2. 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.
3. Specific reporting instructions for personnel rendering mutual aid will be
included in the request for mutual aid. In the absence of such reporting instructions,
personnel will report to the ranking on-duty supervisor on the scene.
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4. 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.
5. Incidents requiring mass processing of arrestees, transporting prisoners, and
operating temporary detention facilities will be handled per established procedures of the
requesting agency or Chief of police involved.
6. Should a sworn law enforcement officer be in another subscribed agency's
jurisdiction for matters of a routine nature, such as traveling through the jurisdiction on
routine business, attending a meeting or going to or from work, or transporting a prisoner,
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 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 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
a. COMMAND
The personnel and equipment that are assigned by the assisting Chief of Police
shall be under the immediate command of a supervising officer designated by the
assisting Chief of Police. 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.
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b. 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 employing agency. 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, personnel policy, general order or
procedure shall control and shall supersede the direct order.
C. DANDLING 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 Chief of Police 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 Chief of Police or
his/her designee of the assisting 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 V: 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
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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 VI: POWERS, PRIVILEGES, IMMUNITIES AND COSTS
A. Employees of the City of 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), Florida Statutes (as
amended), have the same powers, duties, rights, privileges and immunities
as if the employee was performing duties inside the employee's city 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 aid.
C. An agency 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
employees during the time of the rendering of aid and shall defray the
actual travel and maintenance expenses of its employees while they are
rendering aid, including any amounts paid or due for compensation for
personal injury or death while its employees are rendering aid.
E. The privileges and immunities from liability, exemption from laws,
ordinances, and rules, and pension, insurance, relief, disability, workers'
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 the mutual
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aid agreement. This section applies to paid, volunteer, and auxiliary
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. Nothing in this agreement is intended or is to be construed as any transfer
or contracting away of the powers or functions of one party hereto to the
other.
SECTION VII: INSURANCE
Each party shall provide, upon request, satisfactory proof of liability insurance by
one or more of the means specified in Section 768.28(16)(a), Florida Statutes (as
amended), 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 VIII: FORFEITURES
It is recognized that during the course of the operation of this agreement, property
subject to forfeiture under Sections 932.701- 932.707, Florida Statutes, known as the
"Florida Contraband Forfeiture Act," may be seized. The property shall, be seized,
forfeited, and equitably distributed among the participating agencies in proportion to the
amount of investigation and participation performed by each agency pursuant of the
provisions of the "Florida Contraband Forfeiture Act."
SECTION IX: EFFECTIVE DATE
This agreement shall take effect upon execution and approval by the hereinafter
named officials and shall continue in full force and effect until July 1, 2017. Under no
circumstances may this agreement be renewed, amended, or extended except in writing.
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SECTION X: CANCELLATION
Either party may cancel its participation in this agreement upon delivery of written
notice to the other party.
IN WITNESS WHEREOF, the parties hereto cause these presents to be signed on
the date specified.
AGREED AND ACKNOWLEDGED this day of , 2012.
,KATHIE G. B OOKS JOHNNY MARTINEZ, P.E.
Interim City Manager City Manager
City of Mia i B ,ach City of Miami
Date: �' 1 �Y Date:
ATTEST: ATTEST:
..E�
R4AEL E. G-P-JqAlq,Ab PRISCILLA A. THOMPSON
City Clerk * City Clerk
INCORP ORATED.
City of Miami B ch City of Miami
APPROVED AS T APPROVED AS TO FORM AND
LEGAL SUFFICIENCY```=� LEGAL SUFFICIENCY:
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J- SMITH JULIE O. BRU
City Attorney City Attorney
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RAYMOND A. MARTINEZ MANUEL OROSA
Chief of Police Chief of Police
City of Miami Beach City of Miami
APPROVED AS TO INSURANCE
REQUIREMENTS:
CALVIN ELLIS
Risk Management Director
City of Miami, Florida
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