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01-20-09 Item 4South Miami Ofterica City I r "— CITY OF SOUTH MIAMI C`O9Z`AoP OFFICE OF THE CITY MANAGER � a INTER- OFFICE MEMORANDUM 200 To: The Honorable Mayor & Members of the City Commission Via: . W. Ajibola Balogun, City Manager From: Robert F. Richardson II, Chief of Police __' Date: January 20, 2009 Agenda Item No.: Subject: Mutual Aid Agreements Request: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA AUTHORIZINGTHE CITY MANAGER TO ENTER INTO MUTUAL AID AGREEMENTS WITH THE CITY OF WEST MIAMI POLICE DEPARTMENT, THE VILLAGE OF KEY BISCAYNE POLICE DEPARTMENT, THE CITY OF HIALEAH GARDEN POLICE DEPARTMENT FOR GENERAL AND SPECIFIC LAW ENFORCEMENT DUTIES ON BEHALF OF THE CITY OF SOUTH MIAMI POLICE DEPARTMENT PURSUANT TO SECTION 23.1225 (3), FLORIDA STATUTES; PROVIDING AN EFFECTIVE DATE. Request: The City Manager be authorized to enter in to Mutual Aid Agreements with the City of West Miami Police Department, the Village of Key Biscayne Police Department, and the City of Hialeah Gardens Police Department on behalf of the City of South Miami Police Department pursuant to Section 23.1225(3), Florida Statutes. 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, personnel, equipment or facilities of the City of South Miami Police Department. Preparations must be made to secure outside resources to ensure the public safety of the citizens by providing adequate levels of police services, to protect the public peace and safety and to preserve the lives and property of the people. Cost: N/A Backup Documentation: ■ Draft Resolution 2 3 4 5 6 7 8 9 10 11 12 13 RESOLUTION NO:. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA AUTHORIZING THE CITY MANAGER TO ENTER INTO MUTUAL AID AGREEMENTS WITH THE CITY OF WEST MIAMI POLICE DEPARTMENT, THE VILLAGE OF KEY BISCAYNE POLICE DEPARTMENT, THE CITY OF HIALEAH GARDENS POLICE DEPARTMENT FOR GENERAL AND SPECIFIC LAW ENFORCEMENT DUTIES ON BEHALF OF THE CITY OF SOUTH MIAMI POLICE DEPARTMENT PURSUANT TO SECTION 23.1225 (3), FLORIDA STATUTES; PROVIDING AN EFFECTIVE DATE. 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 West Miami Police Department, the Village of Key Biscayne Police Department and the City of Hialeah Gardens Police 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. PASSED AND ADOPTED this day of ATTEST: CITY CLERK READ AND APPROVED AS TO FORM: CITY ATTORNEY Commission Vote: Mayor Feliu: Vice Mayor Beasley: Commissioner Palmer: Commissioner Beckman: Commissioner Newman: APPROVED: UE •, 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 West Miami 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 hereby approve and enter into this agreement whereby each of the agencies may request and render law enforcement assistance to the other in dealing with any violations of Florida Statutes to include, but not necessarily be limited to, investigating homicides, sex offenses, robberies, burglaries, thefts, gambling, motor vehicle thefts, controlled substances violations, DUI violations 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). SECTION III. 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 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 SECTION W. COMMAND AND SUPERVISORY RESPONSIBII.ITY 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 parry 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, MMUNITIES AND COSTS A. Employee of the South Miami Police Department and the City of West Miami 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 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, 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 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 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 VUL 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 fp11 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. Chief of Police City of South Miami, Fl Date: City Manager City of South Miami, Fl. Date: City Attorney City of South Miami, Fl. Date: City Clerk City of South Miami Fl. Date: Chief of Police City of West Miami, Fl. Date: City Manager City of West Miami, Fl. Date: City Attorney City of West Miami, Fl. Date: City Clerk City of West Miami, Fl. Date: VOLUNTARY COOPERATION AND OPERATIONAL ASSISTANCE LAW ENFORCEMENT MUTUAL AID AGREEMENT MTMSSETH 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 Village of Key Biscayne 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 hereby approve and enter into this agreement whereby each of the agencies may request and render law enforcement assistance to the other in dealing with any violations of Florida Statutes to include, but not necessarily be limited to, investigating homicides, sex offenses, robberies, burglaries, thefts, gambling, motor vehicle thefts, controlled substances violations, DUI violations 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 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 III. 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 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 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 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. 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, IMMUNITIES AND COSTS A. Employee of the South Miami Police Department and the Village of Key Biscayne 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 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 parry shall provide satisfactory proof of liability insurance by one or more of the means specified in Section 768.28(15)(x), 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 parry cancelled or undergo material change, that parry 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 VIIL 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, 201,3. 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. Chief of Police City of South Miami, Fl Date: City Manager City of South Miami, Fl. Date: City Attorney City of South Miami, Fl. Date: City Clerk City of South Miami Fl. Date: Chief of Police Village of Key Biscayne, Fl. Date: Village Manager Village of Key Biscayne Fl. Date: Village Attorney Village of Key Biscayne, Fl. Date: Village Clerk Village of Key Biscayne Fl. Date: VOLUNTARY COOPERATION AND OPERATIONAL ASSISTANCE LAW ENFORCEMENT MUTUAL AID AGREEMENT WrrNESSETH 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 Hialeah Gardens 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 hereby approve and enter into this agreement whereby each of the agencies may request and render law enforcement assistance to the other in dealing with any violations of Florida Statutes to include, but not necessarily be limited to, investigating homicides, sex offenses, robberies, burglaries, thefts, gambling, motor vehicle thefts, controlled substances violations, DUI violations 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 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 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 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 SECTION W. 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 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 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. 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, IMMUNITIES AND COSTS A. Employee of the South Miami Police Department and the City of Hialeah Gardens 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 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 parry 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 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 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. Chief of Police City of South Miami, Fl Date: City Manager City of South Miami, Fl. Date: City Attorney City of South Miami, Fl. Date: City Clerk City of South Miami Fl. Date: Chief of Police City of Hialeah Gardens, Fl. Date: City Manager City of Hialeah Gardens, Fl. Date: City Attorney City of Hialeah Gardens, Fl. Date: City Clerk City of Hialeah Gardens, Fl. Date: