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HomeMy WebLinkAboutExhibit - AgreementsLAW ENFORCEMENT MUTUAL AID AGREEMENT FOR VOLUNTARY COOPERATION AND OPERATIONAL ASSISTANCE WHEREAS, it is the responsibility of the governments of Miami -Dade County, Florida, and the City of 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, 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 Miami -Dade Police Department or the subscribing law enforcement agencies; 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 County of Miami -Dade and the participating Miami -Dade County municipalities; and WHEREAS, Miami -Dade County and the subscribing law enforcement agencies have the authority under Section 23.12, Florida Statutes, et seq., Florida Mutual Aid Act, to enter into a Mutual Aid Agreement; NOW, THEREFORE, BE IT KNOWN that Miami -Dade County, a political subdivision of the State of Florida, and the undersigned representatives, 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: 45'7 D-6 Fs- 1. Short title: Mutual Aid Agreement 2. Description: Since this Mutual Aid Agreement provides for the requesting and rendering of assistance for both routine and law enforcement intensive situations, this Mutual Aid Agreement combines the elements of both a voluntary cooperation agreement and a requested operational assistance agreement, as described in Chapter 23, Florida Statutes. 3. Definitions: a. Chief executive official: Either the County Mayor of Miami -Dade County, or the chief executive official of the participating political subdivision who has the authority to contractually bind the agency and has executed this Agreement, upon the approval of the governing body of each governmental entity. Subsequent to the execution by the executive officials, this Agreement shall be filed with the Clerk of the Court for Miami -Dade County, and the clerks of the respective political subdivisions. The Agreement may be amended at any time by filing subsequent Amendment(s), which will be subject to the same approval process, and shall thereafter become a part of this Agreement. b. Agency head: Either the Director of the Miami -Dade Police Department, or the Director's designees; and the Chief of Police of the participating law enforcement agencies, or the Chief s designees. c. Participating law enforcement agency: The police department of any municipality in Miami -Dade County, Florida, that has approved and executed this Agreement. 2 d. Certified law enforcement employee: Any law enforcement employee certified as provided in Chapter .943, Florida Statutes. SECTION I. TERMS AND PROCEDURES 1. Operations: a. In the event that a party to this Agreement is in need of assistance as specified herein, an authorized representative of the police department requiring assistance shall notify the agency from whom such assistance is requested. The authorized agency representative whose assistance is sought shall evaluate the situation and the available resources, and will respond in a manner deemed appropriate. b. Each party to this Agreement agrees to furnish necessary manpower, equipment, facilities, and other resources and to render services to the other party as required to assist the requesting party in addressing the situation which caused the request; provided, however, that no party shall be required to deplete unreasonably its own manpower, equipment, facilities, and other resources and services in rendering such assistance. c. The agency heads of the participating law enforcement agencies, or their designees, shall establish procedures for giving control of the mission definition to the requesting agency, and for giving tactical control over accomplishing any such assigned mission and supervisory control over all personnel or equipment provided pursuant to this Agreement to the providing agency. 2. Powers, Privileges, Iminunities, and Costs: 3 a. All employees of the participating municipal police department, including certified law enforcement employees as defined in Chapter 943, Florida Statutes, during such time that said employees are actually providing aid outside of the jurisdictional limits of the employing municipality pursuant to a request for aid made in accordance with this Agreement, shall, pursuant to the provisions of Chapter 23, Florida Statutes, have the same powers, duties, rights, privileges, and immunities as if they were performing their duties in the political subdivision in which they are normally employed. b. The political subdivision having financial responsibility for the law enforcement agency providing services, personnel, equipment, or facilities pursuant to the provisions of this Agreement shall bear any loss or damage to same and shall pay any and all expenses incurred in the maintenance and operation of same. c. The political subdivision having financial responsibility for the law enforcement agency providing aid pursuant to this Agreement shall compensate all of its employees rendering aid pursuant to the Agreement 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. Such compensation shall include any amounts paid or due for compensation due to personal injury or death while such employees are engaged in rendering such aid. Such compensation shall also include all benefits normally due such employees. 4 d. All exemption from ordinance and rules, and all pension, insurance, relief, disability, workers' compensation, salary, death, and other benefits which apply to the activity of such officers, agents, or employees of any such agency when performing their respective functions within the territorial limits of their respective agencies shall apply to them to the same degree, manner, and extent while engaged in the performance of their functions and duties extra territorially under the provisions of this Mutual Aid Agreement. The provisions of this Agreement shall apply with equal effect to paid and auxiliary employees. 3. Indemnification: Each party engaging in any mutual cooperation and assistance pursuant to this agreement agrees to assume responsibility acts, omissions, or conduct of such party's own employees while engaged in rendering such aid pursuant to the agreement, subject to the provisions of Section 768.28, Florida Statutes, where applicable. 4. Forfeitures: It is recognized that during the course of the operation of this Agreement, property subject to forfeiture under the Florida Contraband Forfeiture Act, Florida Statutes, 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, less the costs associated with the forfeiture action. Any participating agencies must request sharing, in writing, before the entry of a Final Order of Forfeiture, or they will be barred from claiming any portion of the property forfeited. The agency pursuing the forfeiture actin shall have the exclusive right to control and the responsibility to maintain the property, including, but not 5 limited to the complete discretion to bring the action, or to dismiss the action, or settlement. This shall occur pursuant to the provisions of the Florida Contraband Forfeiture Act. 5. Conflicts: Any conflicts between this Agreement and the Florida Mutual Aid Act will be controlled by the provisions of the latter, whenever conditions exist that are within the definitions stated in Chapter 23, Florida Statutes. SECTION II. COMMAND AND SUPERVISORY RESPONSIBILITY 1. Command: The personnel and equipment that assigned by the assisting entity shall be under the immediate command and direct supervision of a supervising officer designated by the assisting Director of Chief of Police, or his/her designee. 2. 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 or her own employer. If any such rule, regulation, personnel policy, general order or standard operating procedure is contradicted, contravened or otherwise in conflict with a direct order of a superior officer of the requesting agency, then such rule, regulation, policy, general order or procedure of the assisting agency shall control, and shall supersede the direct order. 3. 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 Director of 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 6 Director of Chief of Police or designee of the requesting agency should ascertain at a minimum: a. The identity of the complainant; b. an address where the complaining party can be contracted; c. the specific allegation; and d. the identity of the employees accused without regard as to agency affiliation. If it is determined that 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 III. PROVISIONS FOR VOLUNTARY AND OPERATIONAL ASSISTANCE A deputy sheriff or police officer of either of the participating law enforcement agencies shall be considered to be operation under the provisions of the mutual aid agreement when: participating in law enforcement activities that are preplanned and approved by each respective agency head, or appropriately dispatched in response to a request for assistance from the other law enforcement agency. 7 In compliance with and under the authority of the Mutual Aid Agreement heretofore entered into by the participating municipalities and Miami -Dade County, Florida, it is hereby declared that the following list comprises the nature of assistance, and circumstances and conditions under which mutual aid may be requested and rendered regarding police operations pursuant to the agreement. The list includes, but is not necessarily limited to, dealing with the following: Voluntary: 1. Joint multi jurisdictional criminal investigations. 2. Major events; e.g., sporting events, concerts, parades, fairs, festivals and conventions. 3. Joint training in areas of mutual need. 4. Off -duty special events. 5. Joint multi jurisdictional marine interdiction operations. 6. Security and escort duties for dignitaries. Operational: 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. 8 11. Civil affray or disobedience, disturbances, riots, large protest demonstrations, controversial trials, political conventions, labor disputes, and strikes. 12. Any natural, technological or marunade disaster. 13. Emergency situations in which one agency cannot perfotin its functional objective. 14. Incidents requiring utilization of specialized units; e.g., underwater recovery, aircraft, canine, motorcycle, bicycle, mounted, Special Response Teams, bomb, crime scene, marine patrol, and police information. 15. Incidents which require rescue operations and crowd and traffic control measures including, but not limited to, large-scale evacuations, aircraft and sipping disasters, fires, explosions, gas line leaks, radiological incidents, train wrecks and derailments, chemical or hazardous waste spills, and electrical power failures. 16. Terrorist activities including, but not limited to, acts of sabotage. 17. Escapes from or disturbances within detention facilities. SECTION IV. PROCEDURES FOR REQUESTING MUTUAL AID The following procedures will apply in mutual aid operations: 1. Mutual aid requested or rendered will be approved by the Director/Chief of Police or designee. 9 2. Specific reporting instructions for personnel rendering mutual aid should 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 the Miami -Dade Police Department Communications Bureau will maintain radio contact with the involved agencies 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. SECTION V. CONCURRENT JURISDICTION It is to the mutual benefit of the participating municipal agencies and the Miami - Dade Police Department, through voluntary cooperation, to exercise concurrent jurisdiction over the areas described in subparagraphs a. and b. below, in that officers, while in another jurisdiction, are often present at events where immediate action is necessary, or are able to expeditiously conclude an investigation by identifying and arresting an offender. a. Concurrent law enforcement jurisdiction in and throughout the territorial limits of the participating municipalities and Miami -Dade County, Florida 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 10 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, and provided that, in the context of this Mutual Aid Agreement, "official business outside of his or her jurisdiction" shall not include routine patrol activities. This mutual aid agreement excludes those areas within the territorial limits of the municipalities not participating in the Mutual Aid Agreement, and areas in which Miami -Dade Police Department does not have law enforcement jurisdiction. b. Concurrent law enforcement jurisdiction in and throughout the territorial limits of participating municipalities and Miami -Dade County, Florida, for arrests, made pursuant to the laws of arrest, of persons identified as a result of investigations of an 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, should the arresting officer be a municipal law enforcement officer. However, absent a search warrant, concurrent jurisdiction under this subparagraph does not include authority to make nonconsensual or forcible entries into private dwellings, residences, living spaces or business spaces which are not open to the public, i.e., authority derived pursuant to this subparagraph may be exercised only when in places open to the public or private places into which the arresting officer has entered with the consent of an occupant entitled to give consent. When operating under mutual aid, municipal law 11 enforcement officers may execute search warrants for offenses which occurred in the municipality. Municipal officers may execute the search warrant, impound all property, make arrests, and file the Return and Inventory. This concurrent jurisdiction excludes those areas within the territorial limits of the municipalities not participating in the Mutual Air Agreement, and areas in which the Miami -Dade Police Department does not law enforcement jurisdiction. Prior to any officer taking enforcement action pursuant to either paragraph a. or b. above, the officer shall notify the designated officer of the jurisdiction in which the action shall will be taken, unless exigent circumstances prevent such prior notification, in which case notification shall be made as soon after the action as practicable. Furthermore, all arrests made pursuant to subparagraph (a) above shall be processed and coded pursuant to directions of the Clerk of the Court, in such manner as to ensure that any revenues or surcharges generated as a result of said arrests shall be directed to the jurisdiction in which the arrest was made. 1. General Requirements: a. Officers shall not utilize unmarked vehicles to make traffic stops or to engage in vehicle pursuits. b. Concurrent law enforcement jurisdiction pursuant to this Mutual Aid Agreement does include preplanned operations, undercover investigations, stings, or sweeps. c. Officers shall not conduct routine patrol activities outside of their jurisdiction. 12 d. Reports of any action taken pursuant to this Mutual Aid Agreement shall be faxed to the agency head of the agency, within whose jurisdiction the action was taken, as soon as possible after the action has taken place. e. Any conflicts regarding jurisdiction will be resolved by allowing the agency within whose jurisdiction the action took place to take custody of any arrestees and/or crime scenes. f. All concurrent jurisdiction stationary surveillance activities shall require notification of the agency within whose jurisdiction the surveillance, and a description of the vehicles involved. Mobile surveillance shall not require notification unless concurrent jurisdiction enforcement activities take place. SECTION VI. EFFECTIVE DATE This Agreement shall be in effect from date of signing, through and including, January 1, 2020. Under no circumstances may this Agreement be renewed, amended, or extended except in writing. SECTION VII. CANCELLATION This Agreement may be cancelled by either party upon sixty (60) days written notice to the other party. Cancellation will be at the discretion of the chief executive officers of the parties hereto. 13 DANIEL J. ALFONSO County Manager City Manager Miami -Dade County City of Miami Date: Date: ATTEST: ATTEST: HARVEY RUVIN County Clerk Miami -Dade County TODD B. HANNON City Clerk City of Miami APPROVED AS TO FORM AND APPROVED AS TO FORM AND LEGAL SUFFICIENCY: LEGAL SUFFICIENCY: ROBERT A. CUEVAS, JR. VICTORIA MENDEZ County Attorney City Attorney J.D. PATTERSON MANUEL OROSA Director Chief of Police Miami -Dade County Police City of Miami APPROVED AS TO INSURANCE REQUIREMENTS: ANN-MARIE SHARPE Risk Management Director City of Miami, Florida 14 COMBINED VOLUNTARY COOPERATION AND OPERATIONAL ASSISTANCE MUTUAL AID AGREEMENT BETWEEN THE CITY OF MIAMI, FLORIDA AND THE VILLAGE OF MIAMI SHORES, FLORIDA This Voluntary Cooperation and Operational Assistance Mutual Aid Agreement is made as of this day of , 2014, by and between the CITY OF MIAMI, FLORIDA, a Florida municipal corporation, having its principal office at 3500 Pan American Drive, Miami, Florida 33133, and Village of Miami Shores, FLORIDA, a Florida municipal corporation having its principal office at 10050 Northeast 2 Avenue, Miami Shores, Florida 33138, and states as follows: WHEREAS, it is the responsibility of the governments of the City of Miami, Florida, and Village of Miami Shores, 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 Village of Miami Shores Police Department; and WHEREAS, it is in the best interest and advantage of the City of Miami and Village of Miami Shores 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 -jurisdictional criminal activity, 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, natural or manmade disasters or emergencies as defined under Section 252.34, Florida Statutes; and 1 (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 Village of Miami Shores have the authority under The Mutual Aid Act, Chapter 23, Part I, Florida Statutes, to enter into a combined mutual aid agreement for law enforcement services which: (1) Permits voluntary cooperation and assistance of a routine law enforcement nature across jurisdictional lines; and (2) Provides for rendering of assistance in a law enforcement emergency. NOW, THEREFORE, BE IT KNOWN, that the City of Miami, a political subdivision of the State of Florida, and Village of Miami Shores, 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 Village of Miami Shores 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. 2 b. Concurrent law enforcement jurisdiction in and throughout the territorial limits of the City of Miami and Village of Miami Shores 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 Village of Miami Shores 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 Village of Miami Shores for investigations of homicides, sex offenses, robberies, assaults, batteries, burglaries, larcenies, gambl.ing., 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 offer any 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. 4 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 should 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 5 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 designeeof 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 6 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 Village of Miami Shores when actually engaging in mutual cooperation and assistance outside of their normal jurisdictional limits but inside this State, under the terms of this agreement, shall, pursuant to the provisions of Section 23.127(1), Fla. Stat. (as amended), have the same powers, duties, rights, privileges and immunities as if the employee was performing duties inside the employee's political subdivision in which normally employed. b. Each party agrees to furnish necessary personnel equipment, resources and facilities and to render services to each other party to this agreement as set forth above; provided, however, that no party shall be required to deplete unreasonably its own personnel, equipment, resources, facilities, and services in furnishing such mutual aid. c. The political subdivision that furnishes equipment pursuant to this agreement must bear the cost of loss or damage to that equipment and must pay any expense incurred in the operation and maintenance of that equipment. d. The political subdivision furnishing aid pursuant to this agreement shall compensate its employees during the time of the rendering of aid and shall defray (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. 7 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 a. In the event an agency seizes any real property, vessel, motor vehicle, aircraft, currency or other property pursuant to the Florida Contraband Forfeiture Act during the performance of this agreement, the agency requesting assistance in the case of requested operational assistance and the seizing agency in the case of voluntary cooperation shall be responsible for maintaining any forfeiture action pursuant to Chapter 932, Florida Statutes. The agency pursuing the forfeiture action shall have the exclusive right to control and the responsibility to maintain the property in accordance with Chapter 932, Florida Statutes, to include, but not be limited to, the complete discretion to bring the action or dismiss the action: b. All proceeds from forfeited property seized as a result of or in accordance with this agreement shall be divided equally between the parties, less the costs associated with the forfeiture action. 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 8 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 January 10, 2020. 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 delivery of 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. 9 THOMAS BENTON Village Manager Village of Miami Shores Date: ATTEST: BARBARA ESTEP Village Clerk Village of Miami Shores APPROVED AS TO FORM AND LEGAL SUFFICIENCY: RICHARD SARAFAN Village Attorney KEVIN LYSTAD Chief of Police Village of Miami Shores DANIEL J. ALFONSO City Manager City of Miami Date: ATTEST: TODD B. HANNON City Clerk City of Miami APPROVED AS TO FORM AND LEGAL SUFFICIENCY: VICTORIA MENDEZ City Attorney MANUEL OROSA Chief of Police City of Miami APPROVED AS TO INSURANCE REQUIREMENTS: ANN-MARIE SHARPE Risk Management Director City of Miami, Florida 10 COMBINED VOLUNTARY COOPERATION AND OPERATIONAL ASSISTANCE MUTUAL AID AGREEMENT BETWEEN THE CITY OF MIAMI, FLORIDA AND THE SCHOOL BOARD OF MIAMI-DADE COUNTY, FLORIDA This Voluntary Cooperation and Operational Assistance Mutual Aid Agreement is made as of this day of , 2014, by and between the CITY OF MIAMI, FLORIDA, a Florida municipal corporation, having its principal office at 3500 Pan American Drive, Miami, Florida 33133, and the SCHOOL BOARD OF MIAMI-DADE COUNTY, FLORIDA, a Florida municipal corporation having its principal office at 1450 N.E. Second Avenue, Suite 912, Miami, Florida 33132, and states as follows: WHEREAS, it is the responsibility of the governments of the City of Miami, Florida, and the School Board of Miami -Dade County, 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 the School Board of Miami -Dade County Police Department; and WHEREAS, it is in the best interest and advantage of the City of Miami and the School Board of Miami -Dade County 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 jurisdictional criminal activity, so as to protect the public peace and safety, and preserve the lives and property of the people; and 1 (2) Intensive situations including, but not limited to, natural or manmade disasters or 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 the School Board of Miami -Dade County have the authority under The Mutual Aid Act, Chapter 23, Part I, Florida Statutes, to enter into a combined mutual aid agreement for law enforcement services which: (1) Permits voluntary cooperation and assistance of a routine law enforcement nature across jurisdictional lines; and (2) Provides for rendering of assistance in a law enforcement emergency. NOW, THEREFORE, BE IT KNOWN, that the City of Miami, a political subdivision of the State of Florida, and the School Board of Miami -Dade County, 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 the School Board of Miami -Dade County 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 2 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 the School Board of Miami -Dade County 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 the School Board of Miami -Dade County 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 the School Board of Miami -Dade County 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 3 and offer any 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. 4 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 should 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 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 6 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 the School Board of Miami -Dade County when actually engaging in mutual cooperation and assistance outside of their normal jurisdictional limits but inside this State, under the terms of this agreement, shall, pursuant to the provisions of Section 23.127(1), Fla. Stat. (as amended), have the same powers, duties, rights, privileges and immunities as if the employee was performing duties inside the employee's political subdivision in which normally employed. b. Each party agrees to furnish necessary personnel equipment, resources and facilities and to render services to each other party to this agreement as set forth above; provided, however, that no party shall be required to deplete unreasonably its own personnel, equipment, resources, facilities, and services in furnishing such mutual aid. c. The political subdivision that furnishes equipment pursuant to this agreement must bear the cost of loss or damage to that equipment and must pay any expense incurred in the operation and maintenance of that equipment. 7 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 a. In the event an agency seizes any real property, vessel, motor vehicle, aircraft, currency or other property pursuant to the Florida Contraband Forfeiture Act during the performance of this agreement, the agency requesting assistance in the case of requested operational assistance and the seizing agency in the case of voluntary cooperation shall be responsible for maintaining any forfeiture action pursuant to Chapter 932, Florida Statutes. The agency pursuing the forfeiture action shall have the exclusive right to control and the responsibility to maintain the property in accordance with Chapter 932, Florida Statutes, to include, but not be limited to, the complete discretion to bring the action or dismiss the action. b. All proceeds from forfeited property seized as a result of or in accordance with this agreement shall be divided equally between the parties, less the costs associated with the forfeiture action. 8 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 January 1, 2020. 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 delivery of 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. 9 ALBERTO M. CARVALHO Superintendent School Board of Miami -Dade County Date: ATTEST: School Board Clerk School Board of Miami -Dade County APPROVED AS TO FORM AND LEGAL SUFFICIENCY: WALTER J. HARVEY School Board Attorney IAN A. MOFFETT Chief of Police School Board of Miami -Dade County DANIEL J. ALFONSO City Manager City of Miami Date: ATTEST: TODD B. HANNON City Clerk City of Miami APPROVED AS TO FORM AND LEGAL SUFFICIENCY: VICTORIA MENDEZ City Attorney MANUEL OROSA Chief of Police City of Miami APPROVED AS TO INSURANCE REQUIREMENTS: ANN-MARIE SHARPE Risk Management Director City of Miami, Florida 10 COMBINED VOLUNTARY COOPERATION AND OPERATIONAL ASSISTANCE MUTUAL AID AGREEMENT BETWEEN THE CITY OF MIAMI, FLORIDA AND THE CITY OF DORAL, FLORIDA This Voluntary Cooperation and Operational Assistance Mutual Aid Agreement is made as of this day of , 2014, by and between the CITY OF MIAMI, FLORIDA, a Florida municipal corporation, having its principal office at 3500 Pan American Drive, Miami, Florida 33133, and the CITY OF DORAL, FLORIDA, a Florida municipal corporation having its principal office at 8401 NW 53 Terrace, Doral, Florida 33166, and states as follows: WHEREAS, it is the responsibility of the governments of the City of Miami, Florida, and the City of Doral, 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 the City of Doral Police Department; and WHEREAS, it is in the best interest and advantage of the City of Miami and the City of Doral 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 -jurisdictional criminal activity, 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, natural or manmade disasters or emergencies as defined under Section 252.34, Florida Statutes; and 1 (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 the City of Doral have the authority under The Mutual Aid Act, Chapter 23, Part I, Florida Statutes, to enter into a combined mutual aid agreement for law enforcement services which: (1) Permits voluntary cooperation and assistance of a routine law enforcement nature across jurisdictional lines; and (2) Provides for rendering of assistance in a law enforcement emergency. NOW, THEREFORE, BE IT KNOWN, that the City of Miami, a political subdivision of the State of Florida, and the City of Doral, 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 the City of Doral 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. 2 b. Concurrent law enforcement jurisdiction in and throughout the territorial limits of the City of Miami and the City of Doral 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 the City of Doral 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 the City of Doral 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 offer any 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 3 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. 4 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 should 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: 5 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 6 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 the City of Doral when actually engaging in mutual cooperation and assistance outside of their normal jurisdictional limits but inside this State, under the terms of this agreement, shall, pursuant to the provisions of Section 23.127(1), Fla. Stat. (as amended), have the same powers, duties, rights, privileges and immunities as if the employee was performing duties inside the employee's political subdivision in which normally employed. b. Each party agrees to furnish necessary personnel equipment, resources and facilities and to render services to each other party to this agreement as set forth above; provided, however, that no party shall be required to deplete unreasonably its own personnel, equipment, resources, facilities, and services in furnishing such mutual aid. c. The political subdivision that furnishes equipment pursuant to this agreement must bear the cost of loss or damage to that equipment and must pay any expense incurred in the operation and maintenance of that equipment. d. The political subdivision furnishing aid pursuant to this agreement shall compensate its employees during the time of the rendering of aid and shall defray (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 7 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 a. In the event an agency seizes any real property, vessel, motor vehicle, aircraft, currency or other property pursuant to the Florida Contraband Forfeiture Act during the performance of this agreement, the agency requesting assistance in the case of requested operational assistance and the seizing agency in the case of voluntary cooperation shall be responsible for maintaining any forfeiture action pursuant to Chapter 932, Florida Statutes. The agency pursuing the forfeiture action shall have the exclusive right to control and the responsibility to maintain the property in accordance with Chapter 932, Florida Statutes, to include, but not be limited to, the complete discretion to bring the action or dismiss the action. b. All proceeds from forfeited property seized as a result of or in accordance with this agreement shall be divided equally between the parties, less the costs associated with the forfeiture action. 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 8 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, 2020. 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 delivery of 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. 9 EDWARD A. ROJAS City Manager City of Doral Date: ATTEST: BARBARA HERRERA City Clerk City of Doral APPROVED AS TO FORM AND LEGAL SUFFICIENCY: WEISS SEROTA HELFMAN PASTORIZA COLE & BONISKE, P.L. City Attorney DONALD W. DE LUCCA Chief of Police City of DORAL DANIEL J. ALFONSO City Manager City of Miami Date: ATTEST: TODD B. HANNON City Clerk City of Miami APPROVED AS TO FORM AND LEGAL SUFFICIENCY: VICTORIA MENDEZ City Attorney MANUEL OROSA Chief of Police City of Miami APPROVED AS TO INSURANCE REQUIREMENTS: ANN-MARIE SHARPE Risk Management Director City of Miami, Florida 10