HomeMy WebLinkAboutExhibitCOMBINED VOLUNTARY COOPERATION AND
OPERATIONAL ASSISTANCE
MUTUAL AID AGREEMENT
BETWEEN
THE CITY OF MIAMI, FLORIDA AND
NORTH BAY VILLAGE, FLORIDA
WHEREAS, it is the responsibility of the governments of the City of Miami,
Florida, and North Bay Village, Florida to*ensure the public safety of their citizens
by providing adequate levels of police services to address any foreseeable routine
or emergency situation; and
WHEREAS, there • is an existing and continuing possibility of the
occurrence of law enforcement problems and other natural and man-made
conditions which are, or are likely to be, beyond the control of the services,
personnel, equipment, or facilities of the City of Miami Police Department or
North Bay Village Police Department; and
WHEREAS, it is in the best interest and advantage of the City of Miami
and North Bay Village to receive and extend mutual aid to each other in the form
of law enforcement services and resources to adequately respond to:
(1) Continuing, multi jurisdiction law enforcement problems, so as to
protect the public peace and safety, and preserve the lives and
property of the people; and
(2) Intensive situations including, but not limited to, emergencies as
defined under Section 252.34, Florida Statutes; and
(3) Joint provision of certain law enforcement services specified herein
and allowed pursuant to Florida Statute 166.0495; and
WHEREAS, the City of Miami and North Bay Village have the authority
under Section 23.12, Florida Statutes, et seq., the Florida Mutual Aid Act, to enter
into a combined mutual aid agreement for law enforcement services which:
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(1) Permits voluntary cooperation and assistance of a routine law
enforcement nature across jurisdictional lines; and
(2) Permits the provision of operational assistance to meet a request for
assistance due to a civil disturbance or other emergency as defined
in Section 252.34, Florida Statutes; and
NOW, THEREFORE, BE IT KNOWN, that the City of Miami, a political
subdivision of the State of Florida, and North Bay Village, 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 hereby approve and enter
into this agreement whereby each of the agencies may provide voluntary
cooperation and assistance of a routine law enforcement nature across
jurisdictional lines. The nature of the law enforcement assistance to be rendered
shall include but not be limited to:
a. Concurrent law enforcement jurisdiction in and throughout the
territorial limits of the City of Miami and North Bay Village for arrests,
made pursuant to the laws of arrest, for felonies and misdemeanors,
including arrestable traffic offenses, which spontaneously take place
in the presence of the arresting officer, at such times as the arresting
officer is traveling from place to place on official business outside of
his or her jurisdiction, for example, to or from court, or at any time
when the officer is within the territorial limits of his or her jurisdiction.
b. Concurrent law enforcement jurisdiction in and throughout the
territorial limits of the City of Miami and North Bay Village for arrests,
made pursuant to the laws of arrest, of persons identified as a result
of investigations of any offense constituting a felony or any act of
Domestic Violence as defined in Section 741.28, Florida Statutes,
when such offense occurred in the municipality employing the
arresting officer.
c. Concurrent law enforcement jurisdiction in and upon the jurisdictional
waters of the City of Miami and North Bay Village for arrests, made
pursuant to the laws of arrest, for felonies and misdemeanors and
boating infractions.
d. Participating in exigent situations, without the need for a formal
request, including, but not limited to, area searches for wanted
subjects, perimeters, crimes in progress, escaped prisoners, traffic
stops near municipal boundaries, requests for assistance when no
available local units are nearby, calls indicating a crime or incident
has occurred in which a citizen may likely be injured and the assisting
municipality is closer to the area than the officer receiving the call.
e. Concurrent law enforcement jurisdiction in and throughout the
territorial limits of the City of Miami and North Bay Village for
investigations of homicides, sex offenses, robberies, assaults,
batteries, burglaries, larcenies, gambling, motor vehicle thefts, drug
violations pursuant to Chapter 893, Florida Statutes, and inter -agency
task forces and/or joint investigations.
Prior to any officer taking enforcement action pursuant to paragraphs (a)
through (e) above, the officer shall notify the jurisdiction in which the action will be
taken, unless exigent circumstances prevent such prior notification, in which case
notification shall be made as soon after the action as practicable. If the agency
having normal jurisdiction responds to the scene the assisting agency's officer may
turn the situation over to them and offerany assistance requested including, but not
limited to, a follow-up written report documenting the event and the actions taken,
These provisions are 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 II: PROVISIONS FOR OPERATIONAL ASSISTANCE
The aforesaid law enforcement agencies hereby approve and enter into this
agreement whereby each of the agencies may request and render law enforcement
assistance to the other to include, but not necessarily be limited to dealing with, the
following:
1. Joint multi -jurisdictional criminal investigations.
2. Civil affray or disobedience, disturbances, riots, large protest
demonstrations and assemblies, controversial trials, political
conventions, labor disputes, and strikes.
3. Any natural, technological or manmade disaster.
4. Incidents which require rescue operations and crowd and traffic
control measures including, but not limited to, large-scale
evacuations, aircraft and shipping disasters, fires, explosions, gas line
leaks, radiological incidents, train wrecks and derailments, chemical
or hazardous waste spills, and electrical power failures.
5. Terrorist activities including, but not limited to, acts of sabotage.
6. Escapes from, or disturbances within, prisoner processing facilities.
7. Hostage and barricaded subject situations, and aircraft piracy.
8. Control of major crime scenes, area searches, perimeter control,
back-ups to emergency and in -progress calls, pursuits, and missing
person calls.
9. Enemy attack.
10. Transportation of evidence requiring security.
11. Major events, e.g., sporting events, concerts, parades, fairs, festivals,
and conventions.
12. Security and escort duties for dignitaries.
13. Incidents requiring utilization of specialized units; e.g., underwater
recovery, marine patrol, aircraft, canine, motorcycle, bicycle,
mounted, SWAT, bomb, crime scene and police information.
14. Emergency situations in which one agency cannot perform its
functional objective.
15. Joint training in areas of mutual need.
16. Joint multi jurisdictional marine interdiction operations.
17. Off -duty special events.
18. DUI Checkpoints.
SECTION III: PROCEDURE FOR REQUESTING OPERATIONAL
ASSISTANCE
1. Mutual aid requested or rendered will be approved by the Chief of
Police, or designee. The Chief of Police, or designee, of the agency whose
assistance is sought shall evaluate the situation and the agency's available
resources, consult with his/her supervisors, if necessary, and will respond in a
manner he/she deems appropriate.
2. The Chief of Police in whose jurisdiction assistance is being rendered
may determine who is authorized to lend assistance in his/her jurisdiction, for how
long such assistance is authorized, and for what purpose such authority is granted.
This authority may be granted either verbally or in writing as the particular situation
dictates.
3. Specific reporting instructions for personnel rendering mutual aid will
be included in the request for mutual aid. In the absence of such reporting
instructions, personnel will report to the ranking on -duty supervisor on the scene.
4. Communications .instructions will be included in each request for
mutual aid and each agency's communications centers will maintain radio contact
with each other until the mutual aid situation has ended.
5. Incidents requiring mass processing of arrestees, transporting
prisoners, and operating temporary detention facilities will be handled per
established procedures of the requesting agency or Chief of Police involved.
SECTION IV: COMMAND AND SUPERVISORY RESPONSIBILITY
a. COMMAND:
The personnel and equipment that are assigned by the assisting Chief of
Police shall be under the immediate command of a supervising officer designated
by the assisting Chief of Police. Such supervising officer shall be under the direct
supervision and command of the Chief of Police or his/her designee of the agency
requesting assistance.
b. CONFLICTS:
Whenever an officer is rendering assistance pursuant to this agreement, the
officer shall abide by and be subject to the rules and regulations, personnel policies,
general orders, and standard operating procedures of his/her own employer. If any
such rule, regulation, personnel policy, general order or standing operating
procedure is contradicted, contravened or otherwise in conflict with a direct order of
a superior officer of the requesting agency, then such rule, regulation, policy,
general order or procedure shall control and shall supersede the direct order.
c. HANDLING COMPLAINTS:
Whenever there is cause to believe that a complaint has arisen as a result of
a cooperative effort as it may pertain to this agreement, the Chief of Police or
his/her designee of the agency employing the officer who is the subject of the
complaint shall be responsible for the investigation of the complaint. The Chief of
Police or designee of the requesting agency should ascertain at a minimum:
1. The identity of the complainant;
2. An address where the complaining party can be contacted;
3. The specific allegation; and
4. The identity of the employees accused without regard as to agency
affiliation.
If it is determined during the investigation of a complaint that the accused is
an employee of the assisting agency, the above information, with all pertinent
documentation gathered during the receipt and processing of the complaint, shall
be forwarded without delay to the agency for administrative review. The requesting
agency may conduct a review of the complaint to determine if any factual basis for
the complaint exists and/or whether any of the employees of the requesting agency
violated any of their agency's policies or procedures.
SECTION V: LIABILITY
Each party engaging in any mutual cooperation and assistance, pursuant to
this agreement, agrees to assume responsibility for the acts, omissions or conduct
of such party's own employees while engaged in rendering such aid pursuant to
this agreement, subject to the provisions of Section 768.28, Florida Statutes, where
applicable.
SECTION VI: POWERS, PRIVILEGES, IMMUNITIES AND COSTS
a. Employees of the City of Miami and North Bay Village when actually
engaging in mutual cooperation and assistance outside of their normal jurisdictional
limits but inside this State, under the terms of this agreement, shall, pursuant to the
provisions of Section 23.127(1), Fla. Stat. (as amended), have the same powers,
duties, rights, privileges and immunities as if the employee was performing duties
inside the employee's political subdivision in which normally employed,
b. Each party agrees to furnish necessary personnel equipment,
resources and facilities and to render services to each other party to this agreement
as set forth above; provided, however, that no party shall be required to deplete
unreasonably its own personnel, equipment, resources, facilities, and services in
furnishing such mutual aid.
c. The political subdivision that furnishes equipment pursuant to this
agreement must bear the cost of Toss or damage to that equipment and must pay
any expense incurred in the operation and maintenance of that equipment.
d. The political subdivision furnishing aid pursuant to this agreement
shall compensate its employees during the time of the rendering of aid and shall
defray (provide for the payment of) the actual travel and maintenance expenses of
its employees while they are rendering aid, including any amounts paid or due for
compensation for personal injury or death while its employees are rendering aid.
e. The privileges and immunities from liability, exemption from laws,
ordinances and rules, and pension, insurance, relief, disability, workers'
compensation, salary, death, and other benefits that apply to the activity of an
employee of an agency when performing the employee's duties within the territorial
limits of the employee's agency apply to the employee to the same degree,
manner, and extent while engaged in the performance of the employee's duties
extraterritorially under the provisions of this mutual aid agreement. This section
applies to paid, volunteer, reserve and auxiliary employees.
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: FORFEITURES
It is recognized that during the course of the operation of this agreement,
property subject to forfeiture under Sections 932.701- 932.707, Florida Statutes,
known as the "Florida Contraband Forfeiture Act," may be seized. The property
shall be seized, forfeited, and equitably distributed among the participating
agencies in proportion to the amount of investigation and participation performed by
each agency pursuant of the provisions of the "Florida Contraband Forfeiture Act."
SECTION VIII: INSURANCE
Each political subdivision shall provide, upon request, satisfactory proof of
liability insurance by one or more of the means specified in Section 768.28, Florida
Statutes, in an amount which is, in the judgment of the governing body of that
political subdivision, 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 the notice or actual
knowledge of such change.
SECTION IX: EFFECTIVE DATE
This agreement shall take effect upon execution and approval by the
hereinafter named officials and shall continue in full force and effect until February
28, 2019. Under no circumstances may this agreement be renewed, amended or
extended except in writing.
SECTION X: CANCELLATION
Either party may cancel its participation in this agreement upon sixty (60)
days written notice to the other political subdivision. Cancellation will be at the
discretion of any political subdivision to this mutual aid agreement.
IN WITNESS WHEREOF, the parties hereto cause to these presents to be
signed on the date first written above.
AGREED AND ACKNOWLEDGED this day of
2014.
FRANK ROLLASON
Village Manager City Manager
North Bay Village, Florida City of Miami, Florida
Date: Date:
ATTEST: ATTEST:
YVONNE HAMILTON
Village Clerk
North Bay Village, Florida
TODD B. HANNON
City Clerk
City of Miami, Florida
APPROVED AS TO FORM AND APPROVED AS TO FORM AND
LEGAL SUFFICIENCY: LEGAL SUFFICIENCY:
ROBERT SWITKES
Interim Village Attorney
North Bay Village, Florida
ROBERT DANIELS
Chief of Police
North Bay Village, Florida
VICTORIA MENDEZ
City Attorney
City of Miami, Florida
MANUEL OROSA
Chief of Police
City of Miami, Florida
APPROVED AS TO INSURANCE
REQUIREMENTS:
Risk Management Director
City of Miami, Florida