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11-06-08 Item 16CITY OF SOUTH MIAMI OFFICE OF THE CITY MANAGER INTER - OFFICE MEMORANDUM South Miami brAVIIII A1hm%a C71 I I I r 2001 To: The Honorable Mayor Feliu and Members of the City Commission From: W. Ajibola Balogun, City Manager Date: November 6, 2008 Agenda Item No. Subject: Mutual Aid Agreements Resolution: 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 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 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 Miami Police Department, the Village of Pinecrest Police Department, the City of Homestead Police Department, the City of Sweetwater Police Department, the Collier County Sheriffs Department and the Monroe County Sheriffs 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 Department. Preparations must be ensure the public safety of the citi police services, to protect the public lives and property of the people. Cost: None Backup Documentation: Draft Resolution of the City of South Miami Police made to secure outside resources to ►ens by providing adequate levels of peace and safety and to preserve the I RESOLUTION NO.: 2 3 4 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF 5 THE CITY OF SOUTH MIAMI, FLORIDA AUTHORIZING THE CITY 6 MANAGER TO ENTER INTO MUTUAL AID AGREEMENTS WITH 7 THE CITY OF MIAMI POLICE DEPARTMENT, THE VILLAGE OF 8 PINECREST POLICE DEPARTMENT, THE CITY OF HOMESTEAD 9 POLICE DEPARTMENT, THE CITY OF SWEETWATER POLICE 10 DEPARTEMENT, THE COLLIER COUNTY SHERIFF'S 11 DEPARTMENT AND THE MONROE COUNTY SHERIFF'S 12 DEPARTMENT FOR GENERAL AND SPECIFIC LAW 13 ENFORCEMENT DUTIES ON BEHALF OF THE CITY OF SOUTH 14 MIAMI POLICE DEPARTMENT PURSUANT TO SECTION 23.1225 15 (3), FLORIDA STATUTES; PROVIDING AN EFFECTIVE DATE. 16 17 18 WHEREAS, Chapter 23, Florida Statutes, the Florida. Mutual Aid Act, requires the 19 authorization by the governing body of the municipality before a Mutual Aid Agreement may be 20 entered into by the City Manager of the City of South Miami on behalf of a law enforcement agency; 21 and, 22 23 WHEREAS, there is the existing and continuing possibility of the occurrence of law 24 enforcement problems and other natural and man-made conditions which are or are likely to be 25 beyond the control of the services, personnel, equipment or facilities of the City of South Miami 26 and/or the aforementioned entities; and 27 28 WHEREAS, to meet the responsibility of the respective governments to ensure the public 29 safety of their citizens by providing adequate levels of police services, preparation must be made to 30 protect the public peace and safety and to preserve the lives and property of the people in the listed 31 jurisdictions; and 32 33 34 NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE 35 CITY OF SOUTH MIAMI, FLORIDA; 36 37 38 Section 1: The City Manager of the City of South Miami is authorized to enter in to a 39 Mutual Aid Agreement with the City of Miami Police Department, the 40 Village of Pinecrest Police Department, the City of Homestead Police 41 Department, the City of Sweetwater Police Department, the Collier County 42 Sheriff s Department and the Monroe County Sheriffs Department on behalf 43 of the City of South Miami Police Department pursuant to Section 44 23.1225(3), Florida Statutes. . 45 46 Section 2: That this resolution shall take effect immediately upon approval. 47 48 1 2 3 4 5 6 7 8 9 10 11 12 13 14 PASSED AND ADOPTED this 60' day of November, 2008. ATTEST: CITY CLERK READ AND APPROVED AS TO FORM: CITY ATTORNEY APPROVED: MAYOR Commission Vote: Mayor Feliu: Vice Mayor Beasley: Commissioner Wiscombe: Commissioner Palmer: Commissioner Beckman: 2 VOLUNTARY COOPERATION AND OPERATIONAL ASSISTANCE LAW ENFORCEMENT MUTUAL AID AGREEMENT 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 TBEREFORE, 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 893, 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. SECTION H: PROVISION FOR OPERATIONAL ASSISTANCE The aforesaid law enforcement agencies hereby approve and enter into this agreement whereby each of the agencies may request and render law enforcement assistance to the other to include, but not necessarily be limited to, dealing with the following: 1. Joint multi jurisdictional criminal investigations. 2. Civil affray or disobedience, disturbances, riots, large protest demonstrations and assemblies, controversial trials, political conventions, labor 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. SECTION M. PROCEDURE FOR REQUESTING ASSISTANCE In the event that a party to this agreement is in need of assistance as set forth above, the Chief of Police or 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 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 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 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 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 own 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, MMUNITIES AND COSTS 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. SECTION VII INSURANCE 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 parry, 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. SECTION VIII 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 IX. 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. 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: City Directory Page 1 of 4 CITY OF MIAIVIe home I city directory I city officials I commission agendas j ern City of Miami Telephone Directory General City Information: Dial 311 (Out of Area: 888 - 311 -DADE , TDD Users: 305) City Hall 3500 Pan American Drive; Miami, FL 33133 Miami Riverside Center 444 S.W. 2nd Ave, Miami, FL 33130 First Name Last Name Title Department Please Select One Search Reset Search _All _Names Fire Locations - Police Locations - Marina Locations - NET Locations - Park Locations - Public Locations . Department Name Title Mail) Mayor Manuel A. Diaz Mayor (305)250 -5300 Mayor Isabel _De Armes Director of Operations (305)250 -5301 Commissioner Gonzalez - AAn el Gonzalez Commissioner (305)250 -5430 DISTRICT 1 Commissioner Sarnoff- Marc Sarnoff Commissioner (305)250 -5333 DISTRICT 2 Commissioner Sarnoff- Patricia Mayor Special Aide (305)250 -5331 DISTRICT 2 — — Commissioner Sanchez - Joe M. Sanchez Commissioner (305)250 -5380 DISTRICT 3 Commissioner Regalado - Tomas P. Regalado Commissioner (305)250 -5420 DISTRICT 4 Commissioner Spence- Michelle. oence_Jones Commissioner (305)250 -5380 Jones - DISTRICT 5 – City Manager Bill Anido Assistant City Manager {305)416 -1027 City Manager Pedro G. Hernandez City Manager (305)250 -5400 City Manager Julie Mansfield Director (305)642 -1271 City Manager Larry Sexing 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 Bockvieg Assist.to Sr. Director of Building: Planning,Zoning (305)416 -1455 City Manager Robert Parente Director- Mayor's Office of Film.Arts,Culture & Ent (305)860 -3823 City Manager Eivi Gallasteaui 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)446 -1002 http: / /egov.ci.miami.fl.us /directory /citydirectory.aspx 4/17/2008 City Directory Page 2 of 4 City Manager Roger Hernstaat Chief of Staff, Office of the City Manager (305)416 -1009 City Manager Ignacio Ortiz -Petit Sr. Assistant to the City Manager (305)250 -5474 City Manager Lynn Westall Senior Assistant to the City Manager (305)250 -5407 City Manager Michelle Ping Ph.D, — Senior Assistant to City Manager (305)250 -5477 Auditor General, Office, of Victor I_ Iowa Independent Auditor General (305)416 -2044 Bayfront Park Management Trust Timothy F. Schmand Executive Director for MSEA (305)373 -8780 Bayfront Park Management Trust Jose Gell 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 Rerras Building Official (305)416 -1107 CiP - Capital Improvement Program Oia O. 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 Saenz Assistant Director (305)416 -1463 CitiStat Don Riedel Director (305)416 -1785 City Attorney, Office of the Julie O__BrU City Attorney (305)416 -1816 City Clerk Priscilla A. Thompson, CIVIC City Clerk (305)250 -5360 City Clerk Pamela E. Burns Assistant City Clerk (305)250 -5367 Civil Service Tishna L. Mindingall Executive Secretary (305)416 -2020 Civilian Investigative Panel Shirley Richardson Executive Director (305)579 -2444 Civilian Investigative Panel Carol Abia Assistant Director (305)579 -2444 Code Enforcement Mariano Loret de_ Mola Director (305)416 -2039 Code Enforcement Sergio Guadix Chief of Code Enforcement (305)416 -2089 Communications, Office of Keliv Penton Director (305)416 -1440 Community Development Alfredo Duran Assistant Director (305)416 -1999 Community Development George Mensah Assistant Director (305)416 -1765 Community Development Hector Mirabile, PKD. Interim Director (305)416 -1978 Community Development Hector Mirabile. Ph.D. Interim Director (305)416 -2102 Community Development Pedro Mirones Assistant Director (305)416 -1936 Community Development Roberto Tazoe Assistant Director (305)416 -1984 Community Redevelopment Agency (CRA) James H. Villacorta – Executive Director (305)679 -6823 Community Redevelopment Agency (CRA) Clarence Woods -- Assistant Director (305)679 -6802 Community Relations Office Ada Rojas Community Relations Coordinator (305)416 -1351 Employee Relations Maria Ferrer- Miralles EODP Administrator (305)416 -1990 Employee Relations Rosalie Mark Director (305)416 -2110 Finance Diana M. Gomez Director (305)416 -1324 Finance S. Pete Chircut Treasurer (305)416 -1945 http: / /egov.ci.miami.fl.us /directory /citydirectory.aspx 4/17/2008 COMBINED 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 Village of Pinecrest 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 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 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 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 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 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 LIABII.ITY INSURANCE Each parry 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 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 parry. In witness whereof, the parties hereto cause these presents to be signed on the date specified. Chief of Police City of South Miami Date: City Manager City of South Miami Date: City Attorney City of South Miami: Date: City Clerk City of South Miami Date: Chief of Police Village of Pinecrest Date: Village Mayor Village of Pinecrest Date: Village Attorney Village of Pinecrest Date: City Clerk Village of Pinecrest Date: COMBINED 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). SECTION HL 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 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. COM %IAND 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, subject to the provision of Section 768.28, Florida Statutes, where applicable. SECTION VL POWER, PRWELEGES, IMMUNITIES AND COSTS A. Employee of the South Miami Police Department and the Collier County Sheriffi 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 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. 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 LLABILITY 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 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. 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 Date: City Manager City of South Miami Date: City Attorney City of South Miami: Date: City Clerk City of South Miami Date: l Chief of Police City of Homestead Date: City Manager City of Homestead Date: City Attorney City of Homestead Date: City Clerk City of Homestead 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 City of South Miami Police Department and the City of Sweetwater 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 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 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 VI. POWER, PRIVELEGES, IMMUNITIES AND COSTS A. Employee of the City of South Miami Police Department and the City of Sweetwater 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 parry 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 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 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 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. Chief of Police City of South Miami Fl. Date: City Manager City of South Miami Fl. Date: City Clerk City of South Miami Fl Date: City Attorney City of South Miami, Fl. Date: Chief of Police City of Sweetwater Fl. Date: Mayor City of Sweetwater Fl. Date: City Clerk City of Sweetwater Fl. Date: City Attorney City of Sweetwater, Fl. Date: COMBINED 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 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 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. 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: 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. 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 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, relies; 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 parry, 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 VII. 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 South Miami Police Dept. Date: City Manager Date: City Attorney Date: Sheriff Collier County Sheriff's Office Date: COMBINED VOLUNTARY COOPERATION AND OPERATIONAL ASSISTANCE LAW ENFORCEMENT MUTUAL AID AGREEMENT WnWESSETH 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., TILE 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 1 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, Dill 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 11, 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). 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 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 and upon the latter's arrival, tum 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 RESPONS1BHXrV 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 V. LIABILITY Each party engaging in any mutual cooperation and assistance, pursuant to this agreement, agrees to assume responsibility for the acts, omissions, or conduct of such party's own employees while engaged in rendering such aid pursuant to this agreement, . subject to the provisions of Section 768.28, Florida Statutes, where applicable. SECTION VL POWERS, PRIVILEGES, IMMUNITIES AND COSTS A. Employees of the South Miami Police Department and the Monroe County Sheriffs 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 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. 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)(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 party may be exposed. Should the insurance coverage, however provided, of any party be canceled or undergo material change, that party shall notify all parties to this agreement of such change within ten (10) days of receipt of notice or actual knowledge of such change. SECTION Vlll. 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 .AL 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 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 Ply. In witness whereof, the parties hereto cause these presents to be signed on the date specified. Chief of Police South Miami Police Department Date: City Manager Date: City Attorney Date: Sheriff Monroe County Sheriffs Office Date: County Manager Date: City Attorney Date: