Mutual Aid Agreement with Village of Key Biscaynec7~ 0?009- a ~z z,~
VOLUNTARY COOPERATION AND OPERATIONAL ASSISTANCE
MUTUAL AID AGREEMENT
BETWEEN THE VILLAGE OF KEY BISCAYNE, AND
THE CITY OF MIAMI BEACH, FLORIDA
WHCREAS, it is the responsibility of the governments of the Village of Key
Biscayne, Florida, and the City of Miami Beach, Florida, to ensure the public safety of
their respective cili~ens by providing adequate levels of police services to address any
foreseeable routine or emergency situation; and
WHEREAS, hecause of the existing and continuing possibility of the occurrence
of law enforcement problems and other natural and man-made conditions which are, or
are likely to be, beyond the control of the services, personnel, equipment, or facilities of
the Village of Key Biscayne Police Department or the City of Miami Beach Police
Department; and
WHEREAS, in order to ensure that preparation of ihesc law enforcement
agencies will be adequate., to address any and all of ihesc conditions, to protect the
public peace and safety, and to preserve the lives and property of ihn people of the
Village of Key Biscayne and the City of Miami Beach; and
WHEREAS, it is to the advantage of each law enforcernenl agency to receive
and extend mutual aid in the form of law enforcement services and resources to
adequately respond to:
(1) Continuing, rnulli 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 limned to erneryencies as defined under
§252.34, Florida Statutes, or requests for certain law enforcement services
spr..cified heroin and as defined under §23.1225, Fla. Stat.; and
WHEREAS, the Village of Key Biscayne and the Cily of t\4iami Beach have the
voluntary cooperation and assistance authority under the Florida Mutual Aid Act,
§23.12-23.127, Fla. 5tat., to enter into this voluntary cooperation and assistance Mutual
Aid Agreement for law enforcement service which:
(1) Permits voluntary cooperation and operational assistance of a routine law
enforcerTrent nature across jurisdictional lines as allowed under §23.1225,
Fla. Stat.; and
(2) Provides for rendering of assistance in a law enforcement erneryency as
defined in §252.34, Fla. Slat.,
NOW TI IEREFORC, BE IT KNOWN that the Village of Key Biscayne., Florida and
the City of Miami Beach, Florida, in consideration fur 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 trereby approve and enter into
ibis Agreement whereby each of the agencies may request and render law rnfnrcement
assistance to the other in dealing 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
1393, 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 enforcernenl
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 disaster.
4. Incidents which require rescue operations and crowd and traffic control
measures including, but not limited lo, large-scale evacuations, aircraft
and shipping disasters, tires, explosions, gas line leaks, radiological
incidents, train wrecks and derailments, chemical or hazardous waste
spills, and electrical power failures.
5. Terrorist artivities 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, hack-ups
to emergency and in-progress calls, pursuits, and missing person calls.
9. Enemy attack.
10. Transportation of evidence requiring security,
11. Major events, e.g., sporting events, concerts, parades, fairs, festivals, and
conventions.
12. Security and escort duties for dignitaries.
13. Incidents requiring utilization of specialized units; o.g.. undrrwater
recovery, aircraft, canine, rnoturcycle, bomb, crime scene and police
information.
14. Erneryency situations in which one agency cannot perform its functional
objective.
15. Joint training in areas of mutual need.
16. Joint multi jurisdictional marine interdiction operations.
The following procedures will apply in mutual aid operations:
1. Mutual aid requested or rendered will be approved by the Chief of Police,
or designee.
2. Specific; reporting instructions for personnel rendering mutual aid will be
included in the request for mutual aid. In the absence of sur_.h instructions,
personnel will report to the ranking nn-duly supervisor on llie scene.
3. Cornrnunicalions instructions will be included in each request for muh,al
aid and each agency's communications centers will maintain radio contact
with each other until the mutual aid situation has ended.
4. Incidents requiring mass processing of nrrestees, trrnsportiny 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 Ayreernent is in need of assistance as set forth
above, the Chief of Police or his/her designee, shall notify the agency director or hi:;/her
designer: from whom such assistance is reyuested. The director or authorized agency
representative whose assistance is sought shall evaluate the situation and tho agency's
available resources, ronsult 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 sur,h assistance
is authorized and for what purpose such authority is granted. This authority may be
granted either verbally or in writing as the particular situation dictates.
Should a law enforcement officer be in another suhsr:rihed agency':; 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 Statuses occurs
in the presence of said party, representing hislher respective agency, he/she shall be
empowered to render enforcement assistance and act in accordance with lativ. Should
enforcerlient action be taken, said party shall notify the agency having normal
jurisdiction and upon the tatter's arrival, turn the situation over to them and offer any
assistance requested including but not limited to a follow-up written report docurnenliny
the event and the actions taken. This provision so prescribed in this paragraph is not
intended to grant general authority to conduct investigations, serve warranis, and/or
subpoenas or to respond without request to emergencies already being addressed by
the agency of normal jurisdiction, but is intended to address critical, life-threatening or
public safety situations, prevent bodily injury to citizens, or secure apprehension of
criminals whom the law enforcement officer may encounter.
SECTION IV: COMMAND AND SUPERVISORY RESPONSIBILITY
The personnel and equipment that are assigned by the assisting director shall be
under the inuT~ediate command of a supervising officer designated by the assisting
diroctor. 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 renderiny assistance pursuant to ibis Agreement, the officer
shall abide by and be subject to the rules and regulations, personnel policie>, yenrral
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, rontravrned 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.
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 Agreement, the. director Debts/her designee of
the requesting agency shall be responsible for the documentation of said complaint to
ascertain at a minimum'
1. I he identity of the complainant.
?_. An address where the complaining party can be contacted.
3. The specific allegation
4. The identity of the employees accused without regard as to agency
affiliation.
If it is determined that the accused is an employee of the assisting agency, the
above information, with all pertinent documentation gathered during the receipt and
processing of the complaint, shall be forwarded without delay to the agency for
administrative review. The requesting agency may c:anduct a review of the complaint lu
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
procr-,,dares.
SECTION VII: LIABILITY
Each party engaging in any mutual cooperation and assistance, pursuant to ibis
Agreement, agrees to assume responsibility for the acts, omissions or conduct of such
party's own employees while engaged in renderiny 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 Key Biscayne and the City of Miami Beach,
when actually engaging in mutual cooprrrtion 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. Stai. (as amended), have the same
powers, duties, rights, privileges and immunities as it 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 rich other party to the ayreernenl as set forth
above; provided however, that no party shall be required to deplete unreasonably its
own personnel, equipment, resources, facilities, and senrires in furnishing such rnulual
aid.
(c) n party 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 eyuiprnent.
(d) The agency furnishing aid pursuant to this Agreement shall compensate
its appointees/employees during the time such aid is rendered and shall defray the
actual travel and maintenance expenses of its employees while they arr. rendering such
aid, including any amounts paid or due for cornpensalion 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, and all
pension, insurance, relief, disability, worker's compensation, salary, death and other
benefits that apply to the activity of an employee of an agency when perforrniny 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 exlralerrilorially 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 requesting
supplemental appropriations from the governing authority having budgeting jurisdiction
to reimburse the assisting agency far any actual costs or expenses incurred by the
assisting agency performing hereunder.
(y) Should the Village of Key Biscayne receive reimbursement for
expenditures from a third party for a mutual aid event covered by this Agreement, the
City of Miami Beach Police Department shall he eligible to receive an eyuifable
reimbursement share fur any actual costs or expenses incurred that ire directly
attributable to the event, provided such costs and expenses are authorized by the third
party for reimbursement purposes.
SECTION IX: INSURANCE
Each party :;hall provide satisfactory proot of liability; insuranc,_: by one cur niure a
the means specified in Srctinn 7h8.?P,16)(a), Florida Statutes ~2v0.1;. in an amount
bVhlch is, in the judyrnent ut flee yuverning body of that party', at least adequate lu cover
the risk io which. that ,arty may be.rxpn,nri Should the insurance coverage, howe•o~er
provided, of any party be canceled or undery;.! material cl;ange; that patty shalt netifi; alt
;:artier: lu this agreement of such change. within ten (1t!> days u( receipt u1 nct:ce or
a%tual knovdledge of such change.
SECTION X: EFFECTIVE DATE
This Agreement shall take efinct upan cxerulion and aaproval by both parties
and shat! continur. in full farce and effect until Decemoer :;1, i(~i4. lJnder nu
rir; umslances rosy this agreement be renewed, emended, or exler~ed except ui
b'Jrlting.
SECTION XI: CANCELLATION
Eicher party mray cancel its participation in this Agreement at any lime upon
delivery of vJrilten notice to the other parry.
In avilnes, whereof, the patties hereto cause to these presents lu fJe signed on
the dale specified.
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AGREED TU AND ACKNC~'JYI EDGED ibis ~ Y ~'ay Uf OG"(O~~~l- , 1Q ,
CITI' OF fv11AM1 i3tACH, FLORIDA
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CARLOS E NORIFG/~. ' , -'
POLICE CHIEF =
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RUL~ERT ?ARCI IER ^ppRCj,~p ~ TO NCI IITA ALVAREZ
CITI' CLERK FOR,Y1rs: L4t~GUAGE CITY CLERK
~ FOR F.X.'~CI.ITION
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