HomeMy WebLinkAboutCity of Tampa Mutual Aid Agreement (Republican National Convention Security) - 2012 06 21 MUTUAL AID AGREEMENT
FOR OPERATIONAL ASSISTANCE IN
PROVIDING SECURITY FOR THE
REPUBLICAN NATIONAL CONVENTION
TAMPA, FLORIDA,2012
WHEREAS,the City of Tampa, Florida has been selected to host the 2012 Republican
National Convention(RNC)during the week of August 26, 2012; and
WHEREAS, the RNC has been designated a National Special Security Event due to the
event's significance to the United States and the inherent challenge of ensuring the safety and
security of all event participants; and
WHEREAS,the RNC is expected to attract in excess of 15,000 persons who will engage in
the enthusiastic exercise of their right of free speech; and
WHEREAS,the United States Department of Justice has awarded a federal grant to the City
of Tampa to help defray the expense of providing a secure venue for the RNC delegates and for
ensuring the opportunity for the lawful exercise of constitutional rights by all persons; and
WHEREAS,the Hillsborough County Sheriff's Office has partnered with the Tampa Police
Department in all aspects of providing security for the RNC; and
WHEREAS,in addition to the commitment of the Hillsborough County Sheriff's Office, law
enforcement officers from all levels of government throughout the State of Florida will be needed to
provide law enforcement services for the event; and
WHEREAS,law enforcement agencies providing personnel for the RNC are considered to be
subrecipients of the federal grant and eligible for reimbursement for personnel and other costs
subject to the terms of both this agreement and the grant; and
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WHEREAS,Florida Governor Rick Scott will execute an executive order in advance of the
RNC to activate the Florida Mutual Aid Plan pursuant to Florida Statutes Chapter 23,Part I,thereby
conferring upon participating law enforcement agencies jurisdiction for all officers for all activities
related to the RNC; and
WHEREAS, Florida Statutes Chapter 23 further provides authority for law enforcement
agencies to enter into written mutual aid agreements including operational assistance agreements
pursuant to Florida Statute § 23.1225(1)(b) for assistance in the management of an emergency as
defined in Florida Statute § 252.34.
Now,therefore, in consideration of the mutual covenants expressed herein the undersigned
parties agree as follows:
1. Parties
This agreement is entered into between the City of Tampa, Florida and each
respective agency or entity identified on the list attached hereto as Appendix 1. The
various covenants of this agreement run between the City of Tampa and the
individual listed entities,not between or among the entities themselves. Nothing in
this agreement shall be interpreted as creating any rights in any third party.
2. Applicability
This agreement applies to the RNC to be held primarily in Tampa,Florida scheduled
for the calendar week commencing August 26,2012,including an event at Tropicana
Field in St. Petersburg on that date. The agreement applies where specifically set
forth to RNC preparation activities and to RNC clean-up activities requiring law
enforcement personnel. This agreement will apply to all RNC activities occurring
after the calendar week specified above in the event the RNC is postponed due to
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weather or for any other reason. For activities directly connected with RNC security,
this agreement temporarily supersedes any existing interlocal agreement or
memorandum of understanding between the City of Tampa and any of the parties
hereto to the extent of any conflict between the respective agreements.
3. Requested Operational Assistance
The City of Tampa and the Tampa Police Department (TPD) hereby request the
operational assistance of all agencies and entities listed in attached Appendix 1 for
RNC security planning, training, execution and post-event law enforcement
operations.
a. The Tampa Police Department is utilizing the• ponder website and
program for planning and coordination with all assisting agencies. All
agencies should already be familiar with and are encouraged to use E•Sponder
for communications with TPD related to the RNC.
b. Although assisting agencies are being asked for firm commitments of
personnel,TPD recognizes that circumstances may require assisting agencies
to deviate from the committed number of officers. The final decision of the
number of officers to be dedicated to the RNC by each individual
participating agency rests solely with the respective sheriffs and chiefs.
However, all participating officers will be issued individual credentials and
receive specialized training and instructions. Many officers will be issued
fitted equipment and uniforms purchased especially for the individual officer.
Accordingly, it is important that officers committed to the RNC security
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endeavor be available for the entire event. TPD will continuously monitor
circumstances and will release officers from RNC duty as quickly as possible.
c. Assisting agencies will, or have, advise(d) TPD of the specific number of
personnel and the type of specialized equipment each agency will commit to
the RNC. Agencies may provide officers only or may provide officers and
supervisors. Prior to the event, agencies will be advised of the specific
assignments allocated to their respective personnel. Whenever practical,
direct supervision of an individual agency's personnel will be accomplished
by or through that agency's own supervisors when such supervisors are
provided. However, due to the scale of the event and the large number of
assisting agencies participating,at times it is likely that supervision will occur
or direction will be given by supervisors of another agency. Prior to the
event,each participating officer will be aware of his or her specific chain of
command. In any case,overall control of all law enforcement activities will
be the responsibility of the Tampa Police Department and the Hillsborough
County Sheriff's Office.
d. No participating law enforcement officer will be ordered, required or
requested to perform any act that would be prohibited by that officer's own
agency's rules and regulations. Assisting agency personnel will, or have,
receive(d) training specific to their assigned function. Issues regarding
conflicts in rules and regulations or preferred response to anticipated
situations should be raised during the training.
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e. Pursuant to the Governor's Executive Order and F.S. § 23.1225(5)(a), all
members of the assisting agencies when providing operational assistance in
support of RNC security outside of their jurisdictional limits but inside the
State of Florida shall have the same powers, duties, rights, privileges and
immunities as if the member was performing duties inside the member's own
jurisdiction. All of 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 which apply to the
activity of such members when performing their duties within the territorial
limits of member's agency apply to the member to the same degree,manner,
and extent while engaged anywhere in the state in the performance of the
member's duties extraterritorially in support of,or connected with,the RNC
security mission.
4. Federal Grant Requirements
Attached hereto as Appendix 2 and incorporated herein is a copy of the United States
Bureau of Justice Assistance grant which is the primary source of funding for RNC
security operations. All law enforcement agencies providing personnel and
equipment in support of RNC security are considered subrecipients under the grant
and subject to certain Special Conditions specified on pages two through five of the
grant. Except for conditions which by their nature apply exclusively to the grant
recipient (City of Tampa), subrecipients must scrupulously adhere to the
requirements of the Special Conditions. Although all the Special Conditions are
material to this agreement, among the most significant for subrecipients are:
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S.C. #2: Equal Employment Opportunity Plan (EEOP) requirements:
Agencies expecting to be reimbursed for expenses exceeding$25,000
and which have 50 or more employees must have an EEOP and make
the appropriate certification. The certification form is attached hereto
as Appendix 3.
S.C. #5: Duty to report fraud, conflict of interest, bribery, gratuity or similar
misconduct involving grant funds.
S.C. #18: All grant draw downs are reimbursement-only basis.
S.C. #20: No supplanting of local or state funds.
As primary grant recipient and pursuant to Special Condition 21,the City of Tampa
is obligated to ensure the compliance of all subrecipients with all applicable Special
Conditions.
5. Certification of Non-supplanting
By execution of this agreement, all participating agencies and entities certify that
grant funds received pursuant to this agreement will not be used to supplant local
and/or state funds.
6. Reimbursement of Personnel Costs
a. The City of Tampa will reimburse assisting agencies for specified personnel
expenses in conformance with the requirements of the federal RNC grant.
Because of the strict non-supplanting rule, agencies must request
reimbursement of personnel costs based upon one of the following models:
A. Assisting agencies that do not have actual jurisdiction in the City of
Tampa may request reimbursement of salary costs for all hours
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assigned and worked by their personnel as RNC security (both
straight time and overtime)or
B. Agencies having actual jurisdiction inside the City of Tampa may
request reimbursement of salary costs for all overtime hours assigned
and worked by their personnel as RNC security and overtime
incurred as necessary backfill.
"Salary Costs" includes straight time or overtime at the hourly rate of the officer
assigned plus Medicare (1.45%), FICA (6.2%), and the agency's actual pension
contribution. No other fringe benefits will be reimbursed.
"Personnel"means sworn certified law enforcement officers and supervisors of any
rank who are assigned and present in support of the RNC mission, and sworn
certified corrections personnel required above normal staffing.
"Hours Assigned and Worked"means the actual scheduled hours assigned to each
officer in support of the RNC mission and actually worked by the officer during the
event.
b. Agencies having actual jurisdiction in Tampa will absorb all costs for their
own assigned personnel for the first forty (40) hours of the respective
officers' work week during the RNC. Overtime personnel costs for hours
worked beyond forty(40)hours during the RNC will be reimbursed to those
agencies pursuant to the terms (specifically Model B) contained herein.
c. All assisting agencies will be provided with an electronic form for collecting
data necessary for reimbursement. The forms should be completed by each
assisting agency and returned to the Tampa administrator specified on the
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form by October 1, 2012. The City of Tampa will make every effort to
process the forms and remit payment within 35 days of receipt of the
reimbursement request and supporting documentation. Administrative costs
including planning and fiscal functions will not be reimbursed.
d. All assisting agencies must provide payroll verification documentation,
certify the accuracy of the reimbursement request,and maintain all supporting
documentation for a minimum of seven years. Assisting agencies specifically
agree to cooperate with any required audit relating to the federal RNC grant
and further agree to reimburse the federal government for any payments
received which are subsequently deemed ineligible by any future federal
audit.
e. Officers from assisting agencies will be housed and fed under arrangements
made by, and directly paid for by, the City of Tampa. Accordingly, no
housing costs or per diem will be paid to assisting agencies. Exceptions to
this policy may be made for officers who are required to arrive in the Tampa
area prior to the effective date of housing and feeding arrangements.
f. Depending on the availability of funding, agencies whose personnel
participate in extensive (more than 40 hours) training may apply for
reimbursement of salary costs incurred on an overtime basis for RNC specific
training.
7. Liability Insurance
The City of Tampa will obtain a law enforcement liability insurance policy with a
coverage limit of$10,000,000 (ten million dollars) insuring all assisting agencies,
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and all participating law enforcement and corrections personnel in their individual
capacities, while acting within the scope of their employment, against job-related
liability claims including torts and constitutional allegations unless the assisting
agency or law enforcement and corrections personnel acted in bad faith or with
malicious purpose or in a manner exhibiting wanton and willful disregard of human
rights,safety or property. The policy will have a$25,000 per claim retention amount
which will be paid by the City of Tampa as necessary. Legal defense of claims and
all claims processing will be provided by the City of Tampa or by the insurer. The
City of Tampa shall have the exclusive right to negotiate and settle claims within
policy or retention limits.
All assisting agencies agree to cooperate fully in the processing of liability claims to
include,without limitation,forwarding to the City of Tampa or otherwise providing
effective notice of all claims or notice of events foreseeably resulting in a claim,
providing documents or other potential evidence and ensuring the availability of
employees for deposition and trial.
Nothing in this agreement shall be interpreted as waiving or modifying the provisions
of Florida Statute Section 768.28.
8. Workers' Compensation
The City of Tampa will obtain workers' compensation insurance coverage applicable to all
participating law enforcement and corrections personnel for full workers'compensation costs
mandated by Florida Statutes Chapter 440. Prior to the event, all assisting agencies will
receive a packet describing the claims process created by the insurer. Coverage will be
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effective July 1,2012 in order to cover event training and will continue through all necessary
cleanup.
9. Term
This agreement shall be effective as to an individual entity upon complete execution
of this agreement by that entity and the City of Tampa. All operational assistance
commitments will cease with the release of each agency's respective personnel from
RNC security duty. Covenants and responsibilities articulated herein which are
necessarily ongoing in nature including,without limitation,financial obligations and
records retention requirements, shall survive and remain effective following
termination of the operational assistance commitment.
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Mutual Aid Agreement
Requested Operational Assistance
RNC 2012
IN WITNESS WHEREOF,the parties hereto cause these presents to be signed on the date
specified.
CITY OF TAMPA
AT ST:
■
Bob ckhorn, Mayor °'Clerk/141!!!•. _•
Date °T/ q
APPROVED AS TO FORM:
f ��:.C. `� � it/1k_ /2 .r aw
Jane Castor ISirby C.R nsberger `
Chief of Police Assistant Cit Attorney
ASSISTING AGENCY:
If STATE AGENCY: Sign
(Person authorized to
contractually bind agency) Print
Title
Date
6 e If SHERIFF'S OFFICE: Sign
` ofo (Sheriff or Authorized Designee)
�G
® o' o� Print
Title Sheriff, County
*4" , 1_11.0A
°r'�`4. Date
Ne. Sd°
1141 46).1.4
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Mutual Aid Agreement
Requested Operational Assistance
RNC 2012
ASSISTING AGENCY: OA et- Sif6ns PoLK,c,, 4chAiN\Q5A-
/5)
If MUNICIPAL POLICE DEPARTMENT: Sign
(Mayor or City Manager)
Print ' lie-viAt L s
Title C, -y Ai4 fCc&
Date qz+1,2-
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