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HomeMy WebLinkAboutMutual Aid Agreement PPtls.-" ~ fYt 9,/ VOLUNTARY COOPERATION AND OPERATIONAL ASSISTANCE MUTUAL AID AGREEMENT Whereas, it is the responsibility of the 'governments of the City of Fort Lauderdale, 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 Fort Lauderdale 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 Fort Lauderdale 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 9252.34, Florida Statutes, or requests for certain law enforcement services specified herein and as defined under 923.1225, Fla. Stat.; and Whereas, the City of Fort Lauderdale and the City of Miami Beach have the authority under the Florida Mutual Aid Act, 923.12-23.127, Fla. Stat., to enter into this 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 923.1225, Fla. Stat. (2) Provides for rendering of assistance in a law enforcement emergency as defined in 9252.34, Fla. Stat., NOW THEREFORE, BE IT KNOWN that the City of Fort Lauderdale, a Florida municipality, and the City of Miami Beach, a Florida municipality, 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. -2- 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 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. - 3 - 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. 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. 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 oftheir 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 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. -4- , .' SECTION VI: POWERS, PRIVILEGES, IMMUNITIES AND EXPENDITURES (a) Employees of the City of Fort Lauderdale 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 ofthe 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 Fort Lauderdale 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 - 5 - expenses incurred that are directly attributable to the event, provided such costs and expenses are authorized by the third party for reimbursement purposes. SECTION VII: INSURANCE Each party shall provide satisfactory proof of liability insurance by one or more of the means specified in Section 768.28(l6)(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 VIII: 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, 2010. Under no circumstances may this agreement be renewed, amended, or extended except in writing. SECTION IX: 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 18th day of May ,2005. [8 '?;nature 7 DONALD DE L POLICE CHIEF [Print Name and Title) 5J~{, 105 I I CITY OF FORT LAUDERDALE, FLORIDA ~4.;2/~ BRUCE G. ROBERTS CHIEF OF POLICE Date: Date: 1<'....- to /a,s- GE~ CITY MANAGER Date: ~\o \(":IS Date: - 6 - I) . ' " . . . DAVID D MAYOR ~ Date: ~f tJS- / ATTEST: ~6 fCtl~ ROBERT PARCHER CITY CLERK / Date: (p / ( I OS/' ( I APPROVED AS TO FORM & LANGUAGE & FOR EXECUTION 41Il1t~",u ~-I' ..0$ ~~~~ Data - 7 - Date: ~ \u, '2..005" \ ATTEST: CJo;;!:JO~~~ CITY CLERK Date: .5*- I / ~-o 5 APPROVED AS TO FORM AND LEGAL SUFFICIENCY: , SQUIRE S ATTORNEY POLICE LEGAL ADVISOR Date: 0 ~ I l. "2.. o~ ,\\~, .&! CITY OF FORT LAUDERDALE UY:;mce o/Q~J/e}l{ca May 12, 2005 ("'; :.;:. .-L~ c::::... u ":f~ ~" -:;:.c. ..... UJ "'-- ..,., ";./ / r", ~ :~'. ~-'"': Deliverv via DHL Roberto Datorre, Assistant City Attorney City of Miami Beach Legal Department, Fourth Floor 1700 Convention Center Drive Miami Beach, FL 33139 ,- ,j- Re: Mutual Aid Agreement Between the City of Fort Lauderdale and the City of Miami Beach Dear Roberto: In regard to our discussions on the above captioned matter, please find enclosed two (2) original Agreements for your agency's execution; one for each of our agencies. Please note that in Section VI, subsection (g) was added to make unequivocally clear that should the City of Fort Lauderdale receive reimbursement from a third party, the City of Miami Beach will also receive an equitable reimbursement share as is set forth in said subsection. Please return an executed original Agreement at your earliest convenience. On behalf of the Fort Lauderdale Police Department, I want to thank the City of Miami Beach for its professionalism in helping us in our time of need, knowing of course, that the Fort Lauderdale Police Department will reciprocate should the need ever arise. JJH:bc Enclosure cc: Assistant Chief Sharon Andersen POLICE DEPARTMENT - LEGAL UNIT 1300 WEST BROWARD BOULEVARD, FORT LAUDERDALE, FLORIDA 33312-1699 TELEPHONE (954) 828-5622, FAX (954) 828-5744 ~ ".-.:.>0' -:s c.' d' ~ (~. ...,... ?-l (-'- PRINTED ON RECYCLED PAPER c, EQUAL OPPORTUNITY EMPLOYER