Res. No. 177-08-12774 (2)SOLUTION NO.: 177 -08 -12774
WHEREAS, Chapter 23, Florida Statutes, the Florida Mutual Aid Act, requires the
authorization by the governing body of the municipality before a Mutual Aid Agreement may be
entered into by the City Manager of the City of South Miami on behalf of a law enforcement agency;
and,
WHEREAS, there is 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 South Miami
and /or the aforementioned entities; and
WHEREAS, to meet the responsibility of the respective governments to ensure the public
safety of their citizens by providing adequate levels of police services, preparation must be made to
protect the public peace and safety and to preserve the lives and property of the people in the listed
jurisdictions; and
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA;
Section 1: The City Manager of the City of South Miami is authorized to enter in to a
Mutual Aid Agreement with the City of Miami Police Department, the
Village of Pinecrest Police Department, the City of Homestead Police
Department, the City of Sweetwater Police Department, the Collier County
Sheriff's Department and the Monroe County Sheriff s Department on behalf
of the City of South Miami Police Department pursuant to Section
23.1225(3), Florida Statutes. .
Section 2: That this resolution shall take effect immediately upon approval.
1
Res. No. 177-08-12774
PASSED AND ADOPTED this 6h day of November, 2008.
APPROVED:
n
MAYOR
-0
Commis si on Vote: 4
i
Mayor Feliu: Yea
Vice Mayor Beasley: Yea
Commissioner Wiscombe: absent
Commissioner Palmer: Yea
Commissioner Beckman: Yea
0�
South Miami
All-Amedca CRY
CITY OF SOUTH MIAMI
OFFICE OF THE CITY MANAGER
INTER-OFFICE MEMORANDUM 2001
Subject: Mutual Aid Agreements
Reason/Need: Chapter 23, Florida Statutes, the Florida Mutual Aid Act,
requires the authorization by the governing body of the municipality before a
Mutual Aid Agreement may be entered into by the Mayor or the chief
executive officer of the municipality on behalf of a law enforcement agency.
There exists the possibility of law enforcement problems and natural and
man-made conditions which could be beyond the control of the services,
VTNFPIVMI��
013*0102, 11 LOW I AN ''' j is
WITNESSETH
Whereas, it is the responsibility of the governments of the City. of Miami, Florida,
and the City of South Miami, 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, 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 Miami Police Department or the City of South Miami 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 Miami and
the City of South Miami; and
Whereas, it is to the advantage of each agency to receive and extend mutual aid in
the form to law enforcement services and resources to adequately respond to :
(1 } Continuing multi jurisdictional 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, F.S., or joint provision of certain law enforcement services
specified herein and allowed pursuant to F. S. 166.0495; and,
Whereas, the South Miami Police Department and the City of Miami Police
Department have the authority under Section 23.12, Florida Statutes, et seq., The Florida
Mutual Aid Act, to enter into a mutual aid agreement for law enforcement services
which:
( 1) Permits voluntary cooperation and assistance of a routine law enforcement nature
cross jurisdictional lines; and,
(2) Provides for rendering of assistance in a law enforcement emergency as defined in
Section 252.34,F. S.
NOW THEREFORE, BE IT KNOWN that the City of Miami, a political
subdivision of the State of Florida, and the City of South Miami, a political subdivision
of the State of 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 herby 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, assault, burglaries,
larcenies, gambling, motor vehicle thefts, drug violations pursuant to Chapter 593, F.S.,
routine traffic offenses, backup services during patrol activities, school resource officers
on official duty out of their jurisdiction, and inter- agency task forces and /or joint
investigation.
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 deputes, 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 barricade 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, 13.
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.
In the event that a party to this agreement is in need of assistance as set forth
above, the Chief of Police or 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 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 writhing as the particular situation dictates.
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 the 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
The personnel and equipment that are assigned by the assisting agency head shall be
under the immediate command of a supervising officer designated by the assisting agency
head. Such supervising officer shall be under the direct supervision and command of the
agency head or his /her designee of the agency requesting assistance.
CONFLICTS: Whenever an officer, deputy sheriff or other appointee is rendering
assistance pursuant to this agreement, the officer, deputy sheriff or appointee shall abide
by and be subject to the rules and regulations, personnel policies, general orders, and
standard operating procedures of his /her won 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, personnel policy, general order or
procedure shall control and shall supersede the direct order.
HANDLING CG LAINTS: 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 agency
head or his /her designee of the requesting agency shall be responsible agency shall be
responsible for the documentation of said complaint to as certain at a minimum:
1. The identity of the complaint.
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 head 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.
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 provision of Section 768.28., Florida Statutes, where applicable.
A. Employee of the City of Miami Police Department and the South Miami Police
Dept Office when actually engaging in mutual cooperation and assistance outside
of their jurisdictional limits but inside this state, under the terms of this
agreement, shall pursuant to the provision of Section 23.127(1), Florida Statutes,
have the same powers, duties, rights, privileges and immunities as if the employee
was performing duties inside the employees 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 aid.
C. A 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 agency furnishing aid pursuant to this agreement shall compensate its
appointees /employees during the time such aid is tendered 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. 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 agencies apply 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 with equal
effect 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.
Each party shall provide 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 cancelled 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.
MELVIN �t
This agreement shall take effect upon execution and approval by the hereinafter named
officials and shall continue in full force and effect until January 1, 2013. Under no
circumstances may this agreement be renewed, amended, or extended except in writing.
Any party may cancel its participation in this agreement upon delivery of written notice
to the other party or parties. Cancellation will be.at the direction of any subscribing party.
In witness whereof, the parties hereto cause these presents to be signed on the date
specified.
City Manager
City of Miami, Florida
Date:
Attest:
City Clerk
City of Miami, Florida
Date:
City Attorney
City of Miami, Florida
Date:
Chief of Police
City of Miami, Florida
City Manager
City of South Miami, Florida
Date:
Attest:
City Clerk
City of South Miami, Florida
Date:
City Attorney
City of South Miami, Florida
Date:
Chief of Police
City of South Miami, Florida
Date: Date:
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Mayor
Manuel A. Diaz
Mayor
(305)250-5300
Mayor
Isabel De Armas
Director of operations
(305)250-5301
Commissioner Gonzalez -
DISTRICT 1
Angel Gonzalez
Commissioner
(305)250-5430
Commissioner Sarnoff-
DISTRICT 2
Marc Sarnoff
Commissioner
(3051)250-5333
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DISTRICT 2
Patricia Mayor
Special Aide
(305)250-5331
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DISTRICT 3
Joe M. Sanchez
Commissioner
(305)250-5380
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Tornas P. iegaiado
Commissioner
(305)250-5420
Commissioner Spence..
Jones - DISTRICT 5
Michelle Soence-Jones
Commissioner
(305)250-5390
City Manager
Bill-Anido
Assistant City Manager
1(305)416-1027
City Manager
Pedro G. Hernandez
City Manager
(305)250-5400
City Manager
Julie Mansfield
Director
(305)642-1271
City Manager
Lar-Cy, Spring
Chief Financial Officer
(305)416-1011
City Manager
Orlando Toledo
Senior Director
(305)416-1448
City Manager
Peter W, Korinis
CIO
(305)416-1550
City Manager
Pieter l3ockvieg
Assist.to Sr. Director of
Building,Planning,Zoning
('305)416-1455
City Manager
Robert Parente
Director-Mayor's Office of
Film,Arts,CUItUre & Ent
(305)860-3823
k
City Manager
Elvi Gallaste-aw
Agenda Coordinator
(305)416-2076
City Manager
Gilbert Cabrera
Chief of Staff
(305)250-5314
City Manager
Robert Fenton
Project Manager & Sr
Assistant to the City Manager
(305)416-1002
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Chief of Staff, Office of the
City Manager
(305)416 -1009
City Manager
lanacio Ortiz -Petit
-1 ------
Sr. Assistant to the City
Manager
(305)250-5474
City Manager
Lynn. Westallf
Senior Assistant to the City
Manager
(305)250-5407
City Manager
Michelle POajeh.D.
Senior Assistant to City
Manager
(305)250-5477
ALid;'or General, Office of
Victor 1. lawe
Independent Auditor General
(305)416-2044
Bayfront Park Management
Trust
jirrm�thF. Schmand
Executive Director for MSEA
(305)373-8780
Bayfront Park Management
Trust
Jose Gall
Executive Officer
(305)373-8784
Building
Hector Lima
Director
(305)416-1102
Building
Christine B. Morales
Assistant Director
(305)416..1176
Building
Javier Carbonell
Deputy Director
(305)416-1131
Building
Joe Ferras
Building Official
(305)416-1107
CIP - Capital Improvement
Program
Ola 0, Aluko
Director
(305)416-1225
CIP - Capital Improvement
Program
David J. Mendez
Assistant Director
(305)416-1240
CIP - Capital Improvement
Program
Gary Fabrikant
Assistant Director
(305)416-1224
CIP - Capital Improvement
Program
Pilar S t aenz
Assistant Director
(305)416-1463
Cifistat
Don Riedel
Director
(305)416-1785
City Attorney, Office of the
Julie 0. Bru
City Attorney
(305)416-1816
City Clerk
Priscilla A. Thotnps
�on_,_ C MC
City Clerk
(305)250-5360
City Clerk
Parnela E. Burns
Assistant City Clerk
(305)250-5367
Civil Service
Tishria L. MindingzM
Executive Secretary
(305)416-2020
Civilian Investigative Panel
Shirley Richardson
Executive Director
(305)579-2444
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Carol Abia
Assistant Director
(305)579-2444
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Mariano Loret de Mola
Director
(305)416-2039
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Sgraio Guadix
Chief of Code Enforcement
(305)416-2089
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Kelly _Penton
Director
(305)416-1440
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Alfredo Duran
Assistant Director
(305)416-1999
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George Mensah
Assistant Director
(305)416-1765
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Hector Mirabile, Ph.D.
Interim Director
(305)416 -1378
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Hector Mirabife. Ph,D.
Interim Director
(305)416-2102
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Pedro Mirones
Assistant Director
(305)416-1936
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Roberto Tazoe
Assistant Director
(305)416-1984
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Agency (CRA)
James H. Villacorta
Executive Director
(305')679-6823
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Agency (CRA)
Clarence Woods
Assistant Director
(305)679-6802
Community Relations Office
Ada Roias
Community Relations
Coordinator
(305)416-135 1
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Maria Ferrer-Mira Iles
EODP Adrninistrator
(305)416-1990
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Rosalie Mark
Director
(305)416-2110
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Diana M.-Gomez
Director
(305)416-1324
Finance I
S. Pete Chircut
Treasurer
(305)416-1945
http://egov.ci.miami.fl.us/directory/eitydirectory.aspx
4/17/2008
COMBINED
LAW ENFORCEMENT MUTUAL AID AGREEMENT
WITNESSETH
Whereas, the subscripting law enforcement agencies 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 to
law enforcement services and resources to adequately respond to :
I Continuing multi jurisdictional criminal activity, so as to protect public peace and
safety, and preserve the lives and property of the citizens; and
(2) Intensive situations, including but not limited to, natural disasters or emergencies
as defined under Section 252.34, Florida Statutes; and,
inlit Max- Kcs IV
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 to include, but not necessarily be limited to, dealing with civil
disturbances, law enforcement emergencies, large protest demonstrations, aircraft
disasters, fires hurricanes, tornadoes or other weather-related crises, sporting events,
concerts, parades, escapes from detention facilities, and incidents requiring utilization of
specialized units (such as bomb disposal units or special weapon and tactics units).
SECTION 111. PROCEDURE FOR REQUESTING ASSISTANCE
In the event that a party to this agreement is in need of assistance as set forth above, an
authorized representative of the agency requesting assistance shall notify the agency head
or his/her designee from whom such assistance is requested. The agency head 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 agency head in whose jurisdiction assistance 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 writhing as the particular situation dictates.
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 documenting the event and the actions taken. This provision so prescribed
in the 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
The personnel and equipment that are assigned by the assisting agency head shall be
under the immediate command of a supervising officer designated by the assisting agency
head. Such supervising officer shall be under the direct supervision and command of the
agency head or his/her designee of the agency requesting assistance.
CONFLICTS: Whenever an officer, deputy sheriff or other appointee is rendering
assistance pursuant to this agreement, the officer, deputy sheriff or appointee shall abide
by and be subject to the rules and regulations, personnel policies, general orders, and
standard operating procedures of his/her won 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.
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 agency
head or his/her designee of the requesting agency shall be responsible agency shall be
responsible for the documentation of said complaint to as certain at a minimum:
I . The identity of the complaint.
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 head 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. I
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 employees while engaged in rendering such aid pursuant to this agreement.
SECTION VI. POWER, PRIVELEGES, IMMUNITIES AND COSTS
A. Employee of the South Miami Police Department and the Village of Pine Crest
Police Department Office when actually engaging in mutual cooperation and
assistance outside of their jurisdictional limits but inside this state, under the
terms of this agreement, shall pursuant to the provision of Section 23.127(1),
Florida Statutes, have the same powers, duties, rights, privileges and
immunities as if the employee was performing duties inside the employees
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 aid.
C. A 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 agency furnishing aid pursuant to this agreement shall compensate its
appointees/employees during the time such aid is tendered 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.
However, the requesting agency may compensate the assisting agency during the
time of the rendering of such aid and shall defray the actual travel and
maintenance expenses of such employees while they are rendering such aid,
including any amounts paid or due for compensation as a result of personal injury
or death while such employees are rendering aid pursuant to this agreement.
E. 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 agencies apply to the same degree, manner and extent while engaged
in the performance of the employee's duties extraterritorially wider the provisions
of this mutual aid agreement. The provisions of this section shall apply with equal
effect 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.
A. In the event an agency seizes any real property, vessel, motor vehicle, aircraft,
currency or other property pursuant to the Florida Contraband Forfeiture Act
during the performance of this agreement, the agency requesting assistance in the
case of requested operation assistance and the seizing agency in the case of
voluntary cooperation shall be responsible for maintaining any forfeiture action
pursuant to Chapter 932, Florida Statutes. The agency pursuing forfeiture action
shall have the exclusive right to control and the responsibility to maintain the
property in accordance with Chapter 932, Florida Statutes, to include but be
limited to the complete discretion to bring the action or dismiss the action.
B. All proceeds from forfeited property seized as a result of or in accordance with
this agreement shall be divided between the parties, less the costs associated with
the forfeiture action as per prior written agreement, according to percentages of
participation.
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 January 1, 2013. Under no
circumstances may this agreement be renewed, amended, or extended except in writing.
Section X. CANCELLATION
Any party may cancel its participation in this agreement upon delivery of written notice
to the other party or parties. Cancellation will be at the direction of any subscribing party.
In witness whereof, the parties hereto cause these presents to be signed on the date
specified. 11- �
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too
ofT`olice-
City of South Miami
Date:
uf i . C &( 0
City Manager
City of So th iami
Date: 1 � b � .
City rney
City of South Miami:
Date: ��
i
Ci Clerk
City of South Miami
Date: �( /� `f / V
Chief of Police
Village of Pinecrest
Die: \, \., S
Village of P ecr st
Date:
i 1 ge Attorney
Village of Pinecrest
Date: / -l` j 105
Nierk
lage of Pinecrest
Date: �� ,`
VOLUNTARY COOPERATION AND OPERATIONAL ASSISTANCE
LAW ENFORCEMENT MUTUAL AID AGREEMENT
wITNESSETH
Whereas, the subscripting law enforcement agencies 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 to
law enforcement services and resources to adequately respond to :
( 1) Continuing multi jurisdictional criminal activity, so as to protect public peace and
safety, and preserve the lives and property of the citizens; and
(2) Intensive situations, including but not limited to, natural disasters or emergencies
as defined under Section 252.34, Florida Statutes; and,
Whereas, the South Miami Police Department and the City of Homestead Police Dept.
have the authority under Section 23.12, Florida Statutes, et seq., The Florida Mutual Aid
Act, to enter into a mutual aid agreement for law enforcement services which:
( 1) Permits voluntary cooperation and assistance of a routine law enforcement nature
cross jurisdictional lines; and,
(2) Provides for rendering of assistance in a law enforcement emergency,
Now, therefore, the parties agree as follows:
SECTION I, PROVISIONS FOR VOLUNTARY COOPERATION
Each of the aforesaid law enforcement agencies herby 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
and with backup services during patrol activities, school resource officers on official duty
out of their jurisdiction, school safety officers enforcing laws within 1000 feet of a
school, and inter - agency task forces and/or joint investigations.
SECTION II: PROVISION FOR OPERATIONAL ASSISTANCE
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 to include, but not necessarily be limited to, dealing with civil
disturbances, law enforcement emergencies, large protest demonstrations, aircraft
disasters, fires hurricanes, tornadoes or other weather - related crises, sporting events,
concerts, parades, escapes from detention facilities, and incidents requiring utilization of
specialized units (such as bomb disposal units or special weapon and tactics units).
OR . PD.
SECTION III. PROCEDURE FOR REQUESTING ASSISTANCE
In the event that a parry to this agreement is in need of assistance as set forth above, an
authorized representative of the agency requesting assistance shall notify the agency head
or his /her designee from whom such assistance is requested. The agency head 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 agency head in whose jurisdiction assistance 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 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 parry shall notify the
agency having normal jurisdiction and upon the latter's arrival, turn the situation over to
them and offer documenting the event and the actions taken. This provision so prescribed
in the 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.
The personnel and equipment that are assigned by the assisting agency head shall be
under the immediate command of a supervising officer designated by the assisting agency
head. Such supervising officer shall be under the direct supervision and command of the
agency head or his /her designee of the agency requesting assistance.
CONFLICTS: Whenever an officer, deputy sheriff or other appointee is rendering
assistance pursuant to this agreement, the officer, deputy sheriff or appointee 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.
HANDLE14G 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 agency
head or his /her designee of the requesting agency shall be responsible for the
documentation of said complaint to as certain at a minimum: dq . DD- CQ
1. The identity of the complaint.
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 head 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. LIAR LITV
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 employees while engaged in rendering such aid pursuant to this agreement,
subject to the provision of Section 768.28, Florida Statutes, where applicable.
SECTION VL POWER, PRIVELEGES, IMMUNITIES AND COSTS
A. Employee of the South Miami Police Department and City Of Homestead Police
Department when actually engaging in mutual cooperation and assistance outside
of their jurisdictional limits but inside this state, under the terms of this
agreement, shall pursuant to the provision of Section23.127(1), Florida Statutes,
have the same powers duties, rights, privileges and immunities as if the employee
was performing duties inside the employees 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 parry 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. A 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 agency furnishing aid pursuant to this agreement shall compensate its
appointees/employees during the time such aid is tendered 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.
However, the requesting agency may compensate the assisting agency during the
time of the rendering of such aid and shall defray the actual travel and
maintenance expenses of such employees while they are rendering such aid.
oq. PD- cry
E. 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 agencies apply 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 with equal
effect 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 LIA ELITY INSURAME
Each party shall provide satisfactory proof of liability insurance by one or more of the
means specified in Section 768.28(15)(a), 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 cancelled 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. FORFEITURE
A. In the event an agency seizes any real property, vessel, motor vehicle, aircraft,
currency or other property pursuant to the Florida Contraband Forfeiture Act
during the performance of this agreement, the agency requesting assistance in the
case of requested operation assistance and the seizing agency in the case of
voluntary cooperation shall be responsible for maintaining any forfeiture action
pursuant to Chapter 932, Florida Statutes. The agency pursuing forfeiture action
shall have the exclusive right to control and the responsibility to maintain the
property in accordance with Chapter 932, Florida Statutes, to include but not be
limited to the complete discretion to bring the action or dismiss the action.
E. All proceeds from forfeited property seized as a result of or in accordance with
this agreement shall be equitably divided between the parties, less the costs
associated with the forfeiture action as per prior written agreement.
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 January 1, 2013. Under no
circumstances may this agreement be renewed, amended, or extended except in writing.
Oq . Pty.. � `�
Section X. CANCELLATION
Any party may cancel its participation in this agreement upon delivery of written notice
to the other party or parties. Cancellation will be at the direction of any subscribing party.
In witness whereof, the parties hereto cause these presents to be signed on the date
specified.
Chief ofp6lice
City of South Miami Fl.
Date:
City Manager
City of South Miami Fl.
Date:
/ d-rXLU-n &-�l IF
City Mayor
City of South Mi 4 i Fl.
Date:
I
City- Attorney
— City of South Miami Fl.
Date:
ity Clerk
City of South Miami Fl.
Date:
Chief of Police
City of Homestead Fl.
Date:
City Manager , M i g4 S h e— h0-dte1
City of Homestead Fl.
Date:
c�
Cit a ors 1- 4rw(c— Ge,lI
City of Homestead Fl.
Date:
V
City Attorney
City of Homestead Fl.
Date:
Cif Clerk
City of Hdmest acl l;
Dade > °`!
VOLUNTARY COOPERATION
LAW ENFORCEMENT MUTUAL AID AGREEMENT
WITNESSETH
Whereas, the subscribing law enforcement agencies 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 continuing, multi jurisdictional criminal activity,
so as to protect the public peace and safety, and preserve the lives and property of the citizens
and,
Whereas, the City of Sweetwater Police Department and the City of South Miami Police
Department have the authority under The Mutual Aid Act, Chapter 23, Part I, Florida Statutes,
to enter into a mutual aid agreement for law enforcement service which permits voluntary
cooperation and assistance of a routine law enforcement nature across jurisdictional lines.
Now, therefore, the parties agree as follows:
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 substance violations, DUI violations and with backup services during patrol
activities, school resource officers on official duty out of their jurisdiction, school safety officers
enforcing laws within 1000 feet of a school, and inter - agency task forces and/or joint
investigations.
SECTION II: PROCEDURE FOR REQUESTING ASSISTANCE
In the event that a party to this agreement is in need of assistance as set forth above, an
authorized representative of the agency requesting assistance shall notify the agency head or
his/her designee from whom such assistance is requested. The agency head 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 agency head 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 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
1 of 4
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, including traffic enforcement, in order
to prevent bodily injury to citizens, or secure apprehension of criminals whom the law
enforcement officer may encounter.
Officers assigned to task force operations pursuant to this agreement who observe
a violation of Florida Statutes in their presence shall be empowered to render
enforcement assistance and take enforcement action in accordance with law.
SECTION III: COMMAND AND SUPERVISORY RESPONSIBILITY
The personnel and equipment that are assigned by the assisting agency head shall be under the
immediate command of a supervising officer designated by the assisting agency head. Such
supervising officer shall be under the direct supervision and command of the agency head or
his /her designee of the agency requesting assistance.
CONFLICTS: Whenever an officer, deputy sheriff or other appointee is rendering assistance
pursuant to this agreement, the officer, deputy sheriff or appointee 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.
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 agency head 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 head 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 Iv: 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
2 of 4
engaged in rendering such aid pursuant to this agreement, subject to the provisions of Section
768.28, Florida Statutes, where applicable.
SECTION V: POWERS, PRIVILEGES, IMMUNITIES AND COSTS
A. Employees of the Sweetwater Police Department and South Miami Police Department
when actually engaging in mutual cooperation and assistance outside of their jurisdictional
limits but inside this state, under the terms of this agreement, shall, pursuant to the provisions
of Section 23.127(1), Florida Statutes, 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 aid.
C. A 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 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.
However, the requesting agency may compensate the assisting agency during the
time of the rendering of such aid and shall defray the actual travel and
maintenance expenses of such employees while they are rendering such aid,
including any amounts paid or due for compensation as a result of personal injury
or death while such employees are rendering aid pursuant to this agreement.
E. The privileges and immunities from liability, exemption from laws, ordinances and rules, and
all 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 this mutual aid agreement. The provisions of
this section shall apply with equal effect 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.
3 of 4
SECTION VI: FORFEITURE PROVISIONS
A. In the event an agency seizes any real property, vessel, motor vehicle, aircraft, currency or
other property pursuant to the Florida Contraband Forfeiture Act during the performance of
this agreement, the seizing agency in the case of voluntary cooperation shall be responsible
for maintaining any forfeiture action pursuant to Chapter 932, Florida Statutes. The agency
pursuing the forfeiture action shall have the exclusive right to control and the responsibility
to maintain the property in accordance with Chapter 932, Florida Statutes, to include, but not
be limited to, the complete discretion to bring the action or dismiss the action.
SECTION VII: 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 12 /31/2012. Under no circumstances may this
agreement be renewed, amended, or extended except in writing.
SECTION VIII: CANCELLATION
Any party may cancel its participation in this agreement upon delivery of written notice to the
other party or parties. Cancellation will be at the direction of any subscribing party.
In witness whereof, the p ies- ereto cause these presents to be signed on the date specified.
Robe• e*F gueria Bobby Ric ardson
Chief of Police Chief of Police
Sweetwater Police Department South Miami Police Department
Date A�� �l`� Ole Date
City Clerk
City of Sweetwater, Florida
500 Southwest 1091h Avenue
Sweetwater, Florida 33174
4 of 4
a" Menendez
City Clerk
City of South Miami, Florida
6130 Sunset Drive
South Miami, Florida 33143
COMBINED
VOLUNTARY COOPERATION AND OPERATIONAL ASSISTANCE
LAW ENFORCEMENT MUTUAL AID AGREEMENT
VVITNESSETH
Whereas, the subscripting law enforcement agencies 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 to
law enforcement services and resources to adequately respond to
(1) Continuing multi jurisdictional criminal activity, so as to protect public peace and
safety, and preserve the lives and property of the citizens; and
(2) Intensive situations, including but not limited to, natural disasters or emergencies
as defined under Section 23.12, Florida Statutes; and,
Whereas, the South Miami Police Department and the Collier County Sheriff s Office
have the authority under Section 23.12, Florida Statutes, et seq., The Florida Mutual Aid
Act, to enter into a mutual aid agreement for law enforcement services which:
( 1) Permits voluntary cooperation and assistance of a routine law enforcement nature
cross jurisdictional lines; and,
(2) Provides for rendering of assistance in a law enforcement emergency,
Now, therefore, the parties agree as follows:
SECTION I, PROVISIONS FOR VOLUNTARY COOPERATION
Each of the aforesaid law enforcement agencies herby 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
and with backup services during patrol activities, school resource officers on official duty
out of their jurisdiction, school safety officers enforcing laws within 1000 feet of a
school, and inter - agency task forces and/or joint investigations.
SECTION H: PROVISION FOR OPERATIONAL ASSISTANCE
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 to include, but not necessarily be limited to, dealing with civil
disturbances, law enforcement emergencies, large protest demonstrations, aircraft
tat
disasters, fires hurricanes, tornadoes or other weather - related crises, sporting events,
concerts, parades, escapes from detention facilities, and incidents requiring utilization of
specialized units (such as bomb disposal units or special weapon and tactics units).
SECTION HL PROCEDURE FOR REQUESTING ASSISTANCE
In the event that a party to this agreement is in need of assistance as set forth above, an
authorized representative of the agency requesting assistance shall notify the agency head
or his/her designee from whom such assistance is requested. The agency head 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 agency head in whose jurisdiction assistance 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 writhing as the particular situation dictates.
SECTION IV. COlV11VfAND AND SUPERVISORY RESPONSIBH TI'Y
The personnel and equipment that are assigned by the assisting agency head shall be
under the immediate command of a supervising officer designated by the assisting agency
head. Such supervising officer shall be under the direct supervision and command of the
agency head or his/her designee of the agency requesting assistance.
CONFLICTS: Whenever an officer, deputy sheriff or other appointee is rendering
assistance pursuant to this agreement, the officer, deputy sheriff or appointee shall abide
by and be subject to the rules and regulations, personnel policies, general orders, and
standard operating procedures of his/her won 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.
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 agency
head or his/her designee of the requesting agency shall be responsible agency shall be
responsible for the documentation of said complaint to as certain at a minimum:
1. The identity of the complaint.
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 head 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
party's employees while engaged in rendering such aid pursuant to this agreement.
SECTION VL POWER, PRIVELEGES, W MUNITIES AND COSTS
A. Employee of the South Miami Police Department and the Collier County Sheriff's
Office when actually engaging in mutual cooperation and assistance outside of
their jurisdictional limits but inside this state, under the terms of this agreement,
shall pursuant 'to the provision of Section23.127(1), Florida Statutes, have the
same powers, duties, rights, privileges and immunities as if the employee was
performing duties inside the employees 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 aid:
C. A 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 agency furnishing aid pursuant to this agreement shall compensate its
appointees/employees during the time such aid is tendered 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.
However, the requesting agency may compensate the assisting agency during the
time of the rendering of such aid and shall defray the actual travel and
maintenance expenses of such employees while they are rendering such aid,
including any amounts paid or due for compensation as a result of personal injury
or death while such employees are rendering aid pursuant to this agreement.
E. 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
r--e i
employee's agencies apply 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 with equal
effect 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 LIABILITY INSURANCE
Each party shall provide satisfactory proof of liability insurance by one or more of the
means specified in Section 768.28(15)(a), 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
parry cancelled 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 VIL FORFEITURE
A. In the event an agency seizes any real property, vessel, motor vehicle, aircraft,
currency or other property pursuant to the Florida Contraband Forfeiture Act
during the performance of this agreement, the agency requesting assistance in the
case of requested operation assistance and the seizing agency in the case of
voluntary cooperation shall be responsible for maintaining any forfeiture action
pursuant to Chapter 932, Florida Statutes. The agency pursuing forfeiture action
shall have the exclusive right to control and the responsibility to maintain the
property in accordance with Chapter 932, Florida Statutes, to include but be
limited to the complete discretion to bring the action or dismiss the action.
B. All proceeds from forfeited property seized as a result of or in accordance with
this agreement shall be divided between the parties, less the costs associated with
the forfeiture action as per prior written agreement, according to percentages of
participation.
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 January 1, 2013. Under no
circumstances may this agreement be renewed, amended, or extended except in writing.
rl-
Section X. Cancellation
Any party may cancel its participation in this agreement upon delivery of written notice
to the other parry or parties. Cancellation will be at the direction of any subscribing party.
In witness whereof, the parties hereto cause these presents to be signed on the date
specified.
City; Manager
Date: � � � I-T
Cit ey
Date: /�-° lV� ° 01?'
Sheri c-1, Amoo.s-4
Collier County Sheriffs Office
Date:
, ona
COMBINED
VOLUNTARY COOPERATION AND OPERATIONAL ASSISTANCE
LAW ENFORCEMENT MUTUAL AID AGREEMENT
WFFNESSETH
Whereas, the subscribing law enforcement agencies 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 citizens; 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 South Miami Police Department and the Monroe County Sheriffs Office
have the authority under Section 23.12, Florida Statutes, et seq., THE FLORIDA MUTUAL
AID ACT, to enter into a mutual aid agreement for law enforcement service which:
(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, the parties agree as follows:
SECTION I PROVISIONS FOR VOLUNTARY COOPERATION u I
Each of the aforesaid law enforcement agencies hereby approve and enter into this
agreement whereby each of the agencies may request and render law enforceme
assistance to the other in dealing with any violations of Florida Statutes to inc e, but
not necessarily be limited to, investigating homicides, sex offenses, robba8v,iolations , burglaries,
thefts, gambling, motor vehicle thefts, controlled substances violations,
and with backup services during patrol activities, school resource officers on official duty
out of their jurisdiction, school safety officers enforcing laws within 1000 feet of a
school, and inter - agency task forces and/or joint investigations.
SECTION II. PROVISIONS FOR OPERATIONAL ASSISTANCE
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 to include, but not necessarily be limited to, dealing with civil
disturbances, law enforcement emergencies, large protest demonstrations, aircraft
disasters, fires, hurricanes, tornadoes or other weather - related crises, sporting events,
concerts, parades, escapes from detention facilities, and incidents requiring utilization of
specialized units (such as bomb disposal units or special weapons and tactics units).
i�
SECTION M. PROCEDURE FOR REQUESTING ASSISTANCE
In the event that a party to this agreement is in need of assistance as set forth above, an
authorized representative of the agency requesting assistance shall notify the agency head
or his /her designee from whom such assistance is requested. The agency head 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 agency head 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 sworn law enforcement officer be in another subscribed agency's jurisdiction
for 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 parry 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.
The agency head's decision in these matters shall be final.
SECTION IV. COMMAND AND SUPERVISORY RESPONSIBILITY
The personnel and equipment that are assigned by the assisting agency head shall be
under the immediate command of a supervising officer designated by the assisting
agency head. Such supervising officer shall be under the direct supervision and
command of the agency head or his/her designee of the agency requesting assistance.
CONFLICTS: Whenever an officer, deputy sheriff or other appointee is rendering
assistance pursuant to this agreement, the officer, deputy sheriff or appointee 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.
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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 agency
head 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 parry 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 head 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. LLABILM
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 VL POWERS, PRIVILEGES, Il1rIMUNM ES AND COSTS
A. Employees of the South Miami Police Department and the Monroe County Sheriff s
Office when actually engaging in mutual cooperation and assistance outside of their
jurisdictional limits but inside this state, under the terms of this agreement, shall,
pursuant to the provisions of Section 23.127(1), Florida Statutes, 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 parry agrees to furnish necessary personnel, equipment, resources and facilities
and to render services to each other parry 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. A 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 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. However, the requesting
agency may compensate the assisting agency during the time of the rendering of such
aid and shall defray the actual travel and maintenance expenses of such employees
while they are rendering such aid, including any amounts paid or due for
compensation as a result of personal injury or death while such employees are
rendering aid pursuant to this agreement.
E. The privileges and immunities from liability, exemption from laws, ordinances and
rules, and all 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
this mutual aid agreement. The provisions of this section shall apply with equal
effect 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. LIABILITY INSURANCE
Each party shall provide satisfactory proof of liability insurance by one or more of the
means specified in Section 768.28(15)(a), 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 parry 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 Vill. FORFEITURE
A. In the event an agency seizes any real property, vessel, motor vehicle, aircraft,
currency or other property pursuant to the Florida Contraband Forfeiture Act during
the performance of this agreement, the agency requesting assistance in the case of
requested operational assistance and the seizing agency in the case of voluntary
cooperation shall be responsible for maintaining any forfeiture action pursuant to
Chapter 932, Florida Statutes. The agency pursuing the forfeiture action shall have
the exclusive right to control and the responsibility to maintain the property in
accordance with Chapter 932, Florida Statutes, to include, but not be limited to, the
complete discretion to bring the action or dismiss the action.
B. All proceeds from forfeited property seized as a result of or in accordance with this
agreement shall be divided equally between the parties, less the costs associated with
the forfeiture action as per prior written agreement.
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 January I, 2013. Under no
circumstances may this agreement be renewed, amended, or extended except in writing.
SECTION X. CANCELLATION
Any parry may cancel -its participation in this agreement upon delivery of written notice
to the other party or parties. Cancellation will be at the direction of any subscribing
ply.
In witness whereof, the parties hereto cause these presents to be signed on the date
specified.
Date: 11�/_/'
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City Manager �-
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City rney
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Sheriff
Monroe County Sheriffs Office
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SHERIFF'S U) i-raa.
c COUNTY ,FLORIDA
AS TO FORM:
Wilih L. (.UILLIS
GENERAL COUNSEL
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