Mutual Aid Agreement Village of Pinecrestaooq_ 272zi.
VOLUNTARY COOPERATION AND OPERATIONAL ASSISTANCE
MUTUAL AID AGREEMENT
BETWEEN THE VILLAGE OF PINECREST, AND
THE CITY OF MIAMI BEACH, FLORIDA
WHEREAS, it is the responsibility of the governments of the Village of Pinecrest,
Florida, and the City of Miami Beach, Florida, to ensure the puhiic safely of their
respective citizens by providing adequate levels of police services to address any
foreseeable routine or emergency situation; and
WI ICRCAS, because of the existing and continuing possibility of the orarrrence
of law enforcement problems and other natural and man-made conditions which are, or
are likely to he, beyond the control of the services, personnel, equipment, or facilities of
the Village of Pinecrest Police Department or the City of Miami Beach Police
Department; and
WHEREAS, in order to ensure that preparation of these law enforcement
agencies will be adequate to address any and all of these conditions, to protect the
public peace and safety, and to preserve the lives and property of the people of the
Village of Pinecrest and the City of Miami Beach; and
WHEREAS, it is to the advantage of each law enforcement agency to receive
and extend mutual aid 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
§252.34, Florida Statutes, or requests for certain law enfomement services
specified herein and as defined under §23.1?_25, Fla. Slat.; and
WHEREAS, the Villaye of Pinecrest and the City of Miami Beach have the
voluntary cooperation and assistance authority under the Florida Mutual Aid Act,
§23.12-'23.127, Fla. Stat., to enter into this voluntary cooperation and assistance Mutual
Aid Ayreernent for law enforcement service which'
(1) Permits voluntary cooperation and operational assistance of a routine law
enforcement nature across jurisdictional lines as allowed under §23.1225,
Fla. Stat.; and
(2) Provides for rendering of assistance in a law enforcement emergency as
defined in §252.34, Fla. Stat.,
NOW THEREFORE, BE IT KNOWN that the Villaye of Pinecrest, Florida and the
City of Miami Beach, Florida, in consideration for mutual promises la render valuable
aid in limes of necessity, do hereby agree to fully and faithfully abide by and be bowed
by the following terms and conditions:
SECTION I: PROVISIONS FOR VOLUNTARY COOPERATION
Each of the aforesaid law enforcement agencies hr:reby approve and enter into
this Agreement whereby each of the agencies may request and render law enforc:ernenl
assistance to the other in dealiny with any violations of Florida Statutes to include, but
not necessarily be limited to, investigating sex offenses, robberies, assaults, batteries,
burglaries, larcenies, gambling, motor vehicle thefts, drug violations pursuant to Chapter
893, F.S., routine traffic offenses, backup services during patrol activities, and
interagency task forces and/or joint investigation.
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 io incude, but not necessarily be limited to dealiny with, the
following:
1. Joint multi jurisdictional criminal investigations
Z. Civil affray nr disobedience, disturbances, riots, large protest
demonstrations and assemblies, controversial trials, political conventions,
labor disputrs, and strikes.
3. Any natural disaster.
4. Incidents which require rescue operations and crowd and traffic control
measures including, but not limited to, large-scale evacuations, aircraft
and shipping disasters, fires, explosions, gas line leaks, radiological
incidents, train wrecks and derailments, chemical or hazardous waste
spills, and electrical powerfailures.
G. Terrorist activities including, but not limited to, acts of sabotage.
6. Escapes from, or disturbances within, prisoner processing facilities.
/. 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.y., sporting events, concerts, parades, fairs, festivals, and
conventions.
12. Security and escort duties for dignitaries.
13. Incidents requiring utilization of specialised units; e.y., underwater
recovery, aircraft, canine, motorcycle, bomb, crimp scene and police
information.
14. Emergency situations in which one agency cannot perform its functional
objective.
15. Joint training in areas of mutual need.
16. Joint multi jurisdictional marine interdiction operations.
The following procedures will apply in mutual aid operations:
1. Mutual aid requested or rendered will be approved by the Chief of Police,
or designee.
2. Specific reporting instructions for personnel rendering mutual aid will hr,
included in the request for mutual aid. In the absence of such instructions,
personnel will repori to the ranking on-duty supervisor on the scene.
3. Cornrnunications instructions will be included in each request for mutual
aid 2nd each agency's wrnrnunications centers will maintain radio contact
with each other until the mutual aid situation has ended.
4. Incidents requiring mass processing of arrestees, transporting prisoners,
and operating temporary detention facilities will be handled per
established procedures of the requesting agency, or directors involved.
SECTION III: PROCEDURE FOR REQUESTING ASSISTANCE
In the event that a party to this Agreement is in need of assistance as set forth
above, the Chiet of Police or his/her designee, shall notify the agency director or his,'her
designee from whom such assistance is requested. The director or aulhori~ed agency
representative whose assistance is sought shall evaluate the situation and the agenry's
available resources, consult with his/her supervisors if necessary and will respond in a
manner he/she deems appropriate.
The director in whose jurisdiction assistance is being rendered may determine
who is authorized to lend assistance in his/her jurisdiction, for how long such assistanre
is authorized and for what purpose such authority is granted. This authority may be
granted either verbally or in writing as the particular situation didales.
Should a law enforcement officer be in another subscribed agency's jurisdiction
for matters of a routine nature, such as traveling through the area on routine business,
attending a meeting or going to or from work, and a violation of Florida Statutes occurs
in the presence of said party, representing his/her respective agency, he/she shall be
empowered to render enforcement assistance and act in accordanoe with law. Should
enforcement action be taken, said party shall notify the agency having normal
jurisdiction and upon the tatter's arrival, turn the situation over to /hero and offer any
assistance requested including but not limited to a follow-up written report documenting
the event and the actions taken. This provision so prescribed in this paragraph is not
intended to grant general authority to conduct investigations, serve warrants, and/or
subpoenas or to respond without request to emergencies already br..ing addressed by
the agency of normal jurisdiction, but is intended to address critical, life-threatening or
public safrty situations, prevent bodily injury to citizens, or secure apprehension of
criminals whom the law enforcement officer may encounter.
SECTION IV: COMMAND AND SUPERVISORY RESPONSIBILITY
The personnel and equipment that are assigned by the assisting director shall he
under the immediate command of a supervising officer designated by the assisting
director. Such supervising officer shall be under the direct supervision and command of
the director or his/her designee of the agency requesting assistance.
SECTION V: 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 standard operating procedure is
contradicted, contravened or otherwise in ronFlicl with a direct order of a superior officer
of the requesting agency, then such rule, regulation, policy, general order or procedure
shall rnntrnl and shall supersede the direct order.
SECTION VI: 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 Agreernenl, the director orhis/her designee of
the requesting agency shall be responsible for the documentarian of said complaint to
ascertain at a minimum:
1. The identity of the complainant.
2. An address where the complaining party can be contacted.
3. The specific allegation
4. The identity of the employers accused without regard as to agency
affiliation.
If it is determined that the accused is an employee of the assisting agency, the
above information, with all pertinent documentation gathered during the receipt and
processing of the complaint, shall be forwarded without delay to the agency for
administrative review. The requesting agency may conduct a review of the complaint to
determine if any factual basis for the complaint exists andlor whether any of the
employees of the: requesting agency violated any of their agency's policies or
procedures.
SECTION VII: 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 VIII: POWERS, PRIVILEGES, IMMUNITIES AND EXPENDITURES
(a) Employees of the Village of t'inecrest and the City of Miami Beach, 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 23.1'LI(1), Fla. Stat. (as amended), have the same
powers, duties, rights, privileges and immunities as if the employer_ was perforating
duties inside the employee's political subdivision in which normally employed.
(b) Each party agrees to furnish necessary personnel eyuipment, resources
and facilities and to render services to each other party to the agreement as set forth
above; provided however, that no party shall be required to deplete unreasonably its
own personnel, equipment, resources, facilities, and services in furnishing such mutual
aid.
(c) A party that furnishes equipment pursuant to this Agreement must bear
the cost of loss or damage io that eyuipment and must pay any expense incurred in the
operation and maintenance of that equipment.
(d) The agency fumishing aid pursuant to this Agreement shall compensate
its appointeeslemployees during the lime such aid is rendered and shall defray the
actual travel and maintenance expenses of its employees while they are rendering such
aid, including any amounts paid or due for compensation due to personal injury or death
while such employees are engaged in rendering such aid.
(e) To the extent provided by applicable law, ordinance, or rule, the privileges
and immunities from liability, exemption from laws, ordinances and rules, 2nd all
pension, insurance, relirf, disability, worker's compensation, salary, death and other
hrnefits 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 extraterrilorially under the provisions of this Mutual Aid
Agreement. The provisions of this section shall apply to paid, volunteer, and reserve
employees.
(f) Nothing herein shall prevent the requesting agency from reyuesliny
supplemental appropriations from the governing authority having budgeting jurisdiction
to reimburse tha assisting agency for any actual costs or expenses incurred by the
assisting agency performing hereunder.
(g) Should the Village of Pinecrest receive reimhursernenl fur expenditures
from a third party for a mutual aid event covered by this Agreement, the City of Miami
Beach Police Department shall be eligible to receive an eyuilable reimbursement share
for any actual costs or expenses incurred that are directly attributable to the event,
provided such costs and expenses are authorized by the third party for reimbursement
purposes.
SECTION IX: INSURANCE
Cash pasty shall provide satistactory prom of liabiiily iiisurancc by one ur more of
the means spr:c:ified in Section !E>t; 7F;;:16j~a~, Fl~urida Statutes f200~i, in an amount
which is, in the judgment of the yoverninq body of that party, at least adr;quaie lu cover
the ri:;k to which that early rt~ay be exposr:d Should the insuranr:e coverage, ho~~wever
provided. of any party be canceled or undergo material chancyc, lira? party shall nnlify ,ill
parties to ibis agreement of suet: change e~drthin ten (10j Jays of rercipt of notice or
actual kno~.vlydge of such chance
SECTION X: EFFECTIVE DATE
I his Acyreoment shall take effr..ci upon execution and ~~ppruva: by both ;~artins
and shall continue m lull force and effect until December 31,L014 Under nu
cirrumstances may this agreement be renewed, amended, or extr:nded except in
writing.
SECTION XI: CANCELLATION
Either party may cancel its partiripalion in this Agroemenl ;~: any limo upon
delivery of written notice to the other party.
In vdilness whereof, thr: parties hereto cause to these presents to he signed un
the date specified.
AGREES TU AND ACKNOI~'VLEUCED
CITY Q~NIIAPdII BEACH, FLORIDA L
f'ULICE CHIEF
MAYOR ~
ATTEST: P~TTESTt/~
Ftc )FiFR~ HER Gt3i~0 H. I GUANZO JR.
MPRG'JEI~ AS TU
CITY CLERK FOiL1h& tANGtJAGE CITY CLE K v+k ~ btu
& FOR EXECUTIOPI Date~_ -
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