Mutual Aid Agreement with City of Homestead/~/y/p~ _ c~1c
MUTUAL AID AGREEMENT
COMBINED VOLUNTARY COOPERATION AND OPERATIONAL ASSISTANCE
MUTUAL A1D AGREEMENT BETWEEN
THE CITY OF HOMESTEAD, FLORIDA AND
THE CITY OF MIAMI BEACH, FLORIDA
WHEREAS, it is the responsibility of the governments of the City of Homestead, Florida,
and the City of Miami Beach, Florida, to ensure the public safety of their citizens by providing
adequate levels of police services to address any foreseeable routine or 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 Homestead
Police Department or the City of Miami Beach Police Department; and
WHEREAS, it is necessary to ensure that these law enforcement agencies will be
adequately prepared 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 Homestead and the City
of Miami Beach; and
WHEREAS, it is in the best interest and advantage of the City of Homestead and the City
of Miami Beach to receive and extend mutual aid to each other 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, Fla. Stat.
(3) Joint provision of certain law enforcement services specified herein and allowed
pursuant to F.S. 166.0495; and,
WHEREAS, the City of Homestead and the City of Miami Beach have the authority
under Section 23.12, F.S., et seq., The Florida Mutual Aid Act, to enter into a combined mutual
aid agreement for law enforcement services which:
(1) Permits voluntary cooperation and assistance of a routine law enforcement nature
across jurisdictional lines; and
(2) Permits the provision of operational assistance to meet a request for assistance
due to a civil disturbance or other emergency as defined in Section 252.34, Fla. Stat.
NOW THEREFORE, BE IT KNOWN that the City of Homestead, a political subdivision
of the State of Florida, and the City of Miami Beach, a political subdivision of the State of
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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 provide voluntary cooperation and assistance of a
routine law enforcement nature across jurisdictional lines. The nature of the law enforcement
assistance to be rendered shall include but not be limited to:
a. Concurrent law enforcement jurisdiction in and throughout the territorial limits of
the City of Homestead and the City of Miami Beach for arrests, made pursuant to the laws of
arrest, for felonies and misdemeanors, including arrestable traffic offenses, which spontaneously
take place in the presence of the arresting officer, at such times as the arresting officer is
traveling from place to place on official business outside of his or her jurisdiction, for example,
to or from court, or at any time when the officer is within the territorial limits of his or her
jurisdiction.
b. Concurrent law enforcement jurisdiction in and throughout the territorial limits of
the City of Homestead and the City of Miami Beach for arrests, made pursuant to the laws of
arrest, of persons identified as a result of investigations of any offense constituting a felony or
any act of Domestic Violence as defined in Section 741.28, Fla. Stat., when such offense
occurred in the municipality employing the arresting officer.
c. Concurrent law enforcement jurisdiction in and upon the jurisdictional waters of
the City of Homestead and the City of Miami Beach for arrests, made pursuant to the laws of
arrest, for felonies and misdemeanors and boating infractions.
d. Participating in exigent situations, without the need for a formal request, which
situations are spontaneous occurrences such as area searches for wanted subjects, perimeters,
crimes in progress, escaped prisoners, traffic stops near municipal boundaries, requests for
assistance when no available local units are nearby, calls indicating a crime or incident has
occurred in which a citizen may likely be injured and the assisting municipality is closer to the
area than the officer receiving the call.
e. Concurrent law enforcement jurisdiction in and throughout the territorial limits of
the City of Homestead and the City of Miami Beach for investigations of homicides, sex
offenses, robberies, assaults, batteries, burglaries, larcenies, gambling, motor vehicle thefts, drug
violations pursuant to Chapter 893, F.S., and inter-agency task forces and/or joint investigations.
Prior to any officer taking enforcement action pursuant to paragraphs (a) through (e)
above, the officer shall notify the jurisdiction in which the action will be taken, unless exigent
circumstances prevent such prior notification, in which case notification shall be made as soon
after the action as practicable. If the agency having normal jurisdiction responds to the scene
the assisting agency's officer may 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.
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, 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.
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.
17. Off-duty special events.
SECTION III: PROCEDURE FOR REQUESTING 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.
Z. 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 instructions, personnel will report to the
ranking on-duty supervisor on the scene.
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.
SECTION IV: COMMAND AND SUPERVISORY RESPONSIBILITY
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.
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 Chief of Police or his/her designee of the agency
employing the officer who is the subject of the complaint shall be responsible for the
investigation of the complaint. The Chief of Police or designee of the requesting agency should
ascertain at a minimum:
1. The identity of the complainant;
2. An address where the complaining party can be contacted;
3. The specific allegation; and
4. The identity of the employees accused without regard as to agency affiliation.
If it is determined during the investigation of a complaint 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 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.
SECTION VI: POWERS, PRIVILEGES, IMMUNITIES AND COSTS
a. Employees of the City of Homestead 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 this 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. The political subdivision 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 political subdivision 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
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while engaged in the performance of the employee's duties extraterritorially under
the provisions of this mutual aid agreement. This section applies to paid,
volunteer, reserve and auxiliary employees.
£ 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.
SECTION VII: FORFEITURES
It is recognized that during the course of the operation of this agreement, property subject
to forfeiture under 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 to the provisions
of the Florida Contraband Forfeiture Act.
SECTION VIII: INSURANCE
Each party shall provide, upon request, satisfactory proof of liability insurance by one or
more of the means specified in Section 768.28 (14), Florida Statutes, 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 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, 2012. Under no circumstances
may this agreement be renewed, amended, or extended except in writing.
SECTION X: CANCELLATION
This agreement may be canceled without cause and/or convenience by either party upon
thirty (30) days written notice to the other party.
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IN WITNESS WHEREOF, the parties hereto cause to these presents to be signed on
the date specified.
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CURT IVY
MANAGER
CITY OF HOMESTEAD, FLORIDA
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ATTEST:
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`A.~~~EGAL ~[7F~ICIENCY:
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DAVID WOLPIN
CITY ATTORNEY
CITY OF HOMESTEAD, FLORIDA
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f n ~. ALEX ER E. ROLLE
CHIEF OF POLICE
CITY OF HOMESTEAD, FLO IDA
APPROVED AS TO INSURANCE
REQUIlZEMENTS:
PRICILLA THOMPSON
DIRECTOR, RISK MANAGEMENT
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R ONZAL
ITY ANAGER
CITY OF MIAMI BEACH, FLORIDA
Date: ~ D Z~
ATTEST:
ROBERT PARCHER
CITY CLERK
CITY OF MIAMI BEACH, FLORIDA
OVED AS TO FORM
LEGAL SUFFICIF,P~CY:
JOSE
CI ATTORNEY
Y OF MIAMI BEACH, FLO A
CARLOS N IE
CHIEF OF POLICE
CITY OF MIAMI BEACH, FLORIDA
APPROVED AS TO INSURANCE
REQUIREMENTS
CLIFTON LEONARD
RISK MANAGER
hPPi~O'VED AS ~
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RESOLUTION NO. R2007-11-145
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF HOMESTEAD, MIAMI-DADE COUNTY, FLORIDA,
APPROVING AND ADOPTING A MUTUAL AID
AGREEMENT BETWEEN THE CITY OF MIAMI BEACH
POLICE DEPARTMENT AND THE CITY OF HOMESTEAD
POLICE DEPARTMENT AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, it is the responsibility of the governments of the City of Miami Beach,
Florida and the City of Homestead, Florida to ensure the public safety of their citizens
by providing adequate levels of police services to address any foreseeable routine or
emergency situations; and
WHEREAS, the City Council finds that the approval of the attached Mutual Aid
Agreement (the "Agreement") between the City of Homestead and City of Miami Beach
is in the best interests of the City of Homestead.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF HOMESTEAD, FLORIDA:
SECTION 1. Recitals Adopted. That the above stated recitals are
hereby adopted and confirmed.
SECTION 2. Agreement Approved. That the Agreement, in substantially
the form attached hereto is hereby approved, and the City Manager and Chief of Police
are hereby authorized to sign the Agreement, in their respective capacities, on behalf of
the City.
SECTION 3. That this resolution shall be effective immediately upon
adoption.
PASSED AND ADOPTED THIS 19th day of November, 2007.
Q~
LYNDA LL
Mayor
ATTEST:
SHEILA PAUL SHEDD, CMC
City Clerk
APPROVED AS TO FORM AND LEGAL SUFFICIENCY:
WEISS, SEROTA, HELFMAN, PASTbR1~A, COLE & BONISKE, P.L.
City Attorney
Motion to adopt by Vice Mayor Burg ess seconded by Councilwoman Sierra. qa, ~ -, ~, _.t~~,,
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FINAL VOTE AT ADOPTION ~
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Mayor Lynda Bell YES ,
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Vice Mayor Jon Burgess YES -i ,..' --
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Councilman Melvin McCormick YES
Councilwoman Wendy Lobos YES ,
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Councilwoman Nazy Siena YES '
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Councilwoman Judy Waldman ABSENT ~'t;,f „
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Discover the Opportunities"
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Lynda Bell
Mayor
ton Burgess
Vice-Mayor
Wendy Lobos
Councilwoman
Melvin McCormick
Councilman
Nary Sierra
Councilwoman
Judy Waldman
Councilwoman
November 30, 2007
Ms. Kerry Hernandez
City of Miami Beach, City Clerk's Office
1700 Convention Center Drive
Miami Beach, FL 33139
Re: Mutual Aid
Dear Ms. Kerry Hernandez:
Attached is a fully executed copy of the Mutual Aid Agreement
between the City of Miami Beach Police Department and the City
of Homestead Police Department.
curbs K. Ivy' Jr. If you have any questions, please feel free to contact me at 305-
City Manager
224-4628 or you can reach me via a-mail at
dmoore@cityofhomestead.com
~~~
790 N. Homestead Blvd.
Homestead, FL 33030
305-224-4400
vuww.cityofh omestea d.com
Sincerely,
Debbie Moore
Buyer II