Village of Biscayne Park Mutual Aid Agreement (9013-
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VOLUNTARY COOPERATION AND OPERATIONAL ASSISTANCE
MUTUAL AID AGREEMENT
BETWEEN THE VILLAGE OF BISCAYNE PARK AND
THE CITY OF MIAMI BEACH, FLORIDA
This Voluntary Cooperation and Operational Assistance Mutual Aid Agreement
("Cooperation Agreement") is made as of this g?f day of Jonuilry , 2010 Y
(Effective Date), by and between the CITY OF MIAMI BEACH, FLORIDA, a municipal
corporation having its principal office at 1700 Convention Center Drive, Miami Beach, Florida
33139, and the Village of Biscayne Park, having its principal office at 640 NE 114 St, Biscayne
Park, FL 33161, state as follows:
RECITALS
WHEREAS, it is the responsibility of the governments of the Village of Biscayne Park,
and the City of Miami Beach, Florida, to ensure the public safety of their respective citizens by
providing adequate levels of police services to address any foreseeable routine or emergency
situation; and
WHEREAS, because 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
Biscayne Park 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 Biscayne Park and the City
of Miami Beach, Florida; 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
Section 252.34 of the Florida Statutes, or requests for certain law enforcement
services specified herein and as defined under Section 23.1225 of the Florida
Statutes; and
WHEREAS, the Village of Biscayne Park and the City of Miami Beach have the
voluntary cooperation and assistance authority under the Florida Mutual Aid Act, Sections
23.12-23.127 of the Florida Statutes, to enter into-this Voluntary Cooperation and Operational
Assistance Mutual Aid Agreement ("Cooperation Agreement") for law enforcement service
which:
(1) Permits voluntary cooperation and operational assistance of a routine law
enforcement nature across jurisdictional lines as allowed under Section 23.1225, of
the Florida Statutes; and
(2) Provides for rendering of assistance in a law enforcement emergency as defined in
Section 252.34 of the Florida Statutes.
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NOW THEREFORE, BE IT KNOWN that the Village of Biscayne Park and the City of
Miami Beach, 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
Cooperation Agreement whereby each of the agencies may request and render law
enforcement 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 893 of
the Florida Statutes, backup services during patrol activities, and interagency task forces and/or
joint investigation as set forth pursuant to, and under the authority of Chapter 23 of the Florida
Statutes.
SECTION II. PROVISIONS FOR OPERATIONAL ASSISTANCE
The aforesaid law enforcement agencies hereby approve and enter into this Cooperation
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 disaster.
4. Incidents which require rescue operations and crowd and traffic control measures
including, but not limited to, large-scale evacuations, aircraft and shipping disasters,
fires, explosions, gas line leaks, radiological incidents, train wrecks and derailments,
chemical or hazardous waste spills, and electrical power failures.
5. Terrorist activities including, but not limited to, acts of sabotage.
6. Escapes from, or disturbances within, prisoner processing facilities.
7. Hostage and barricaded subject situations, and aircraft piracy.
8. Control of major crime scenes, area searches, perimeter control, back-ups to emergency
and in-progress calls, pursuits, and missing person calls.
9. Enemy attack.
10. Transportation of evidence requiring security.
11. Major events, e.g., sporting events, concerts, parades, fairs, festivals, and conventions.
12. Security and escort duties for dignitaries.
13. Incidents requiring utilization of specialized units; e.g., underwater recovery, aircraft,
canine, motorcycle, 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.
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.
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SECTION IV. COMMAND AND SUPERVISORY RESPONSIBILITY
The personnel and equipment that are assigned by the assisting Agency shall be under
the immediate command of a supervising officer designated by the assisting Agency. 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.
SECTION V. CONFLICTS
Whenever an officer is rendering assistance pursuant to this Cooperation 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 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 Cooperation Agreement, the Chief of Police or his/her
designee of the requesting agency shall be responsible for the documentation 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 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 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 VII. LIABILITY
Each party engaging in any mutual cooperation and assistance, pursuant to this
Cooperation Agreement, agrees to assume full and final responsibility for the acts, omissions or
conduct of such party's own employees while engaged in rendering such aid pursuant to this
Cooperation Agreement, subject to the provisions of Section 768.28 of the Florida Statutes,
where applicable.
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SECTION VIII. POWERS, PRIVILEGES, IMMUNITIES AND EXPENDITURES
(a) Employees of the Village of Biscayne Park 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 23.127(1) of the Florida Statutes (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 Cooperation 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 Cooperation 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 agency furnishing aid pursuant to this Cooperation 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 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, 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 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 Cooperation 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 for any actual costs or expenses incurred by the assisting
agency performing hereunder.
(g) Should the Village of Biscayne Park receive reimbursement for expenditures
from a third party for a mutual aid event covered by this Cooperation Agreement, the City of
Miami Beach shall be eligible to receive an equitable 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.
(h) Should the City of Miami Beach receive reimbursement for expenditures from a
third party for a mutual aid event covered by this Cooperation Agreement, the Village of
Biscayne Park shall be eligible to receive an equitable 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.
(i) The Village of Biscayne Park shall notify of, and authorize the City of Miami
Beach to pursue any forfeiture matters seized pursuant to the Florida Contraband Forfeiture Act.
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AGREED TO AND ACKNOWLEDGED this day of , 2013.
CITY OF MIAMI BEACH, FLORIDA VILLAGE OF BISCAYNE PARK, FLORIDA
RAYMOND MARTINEZ RA A SIANO
POLICE CHIEF POLICE CHIEF
Date: L`( Date: //3
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JIM MORA ES HEIDI SHAFRAN
CITY ANAGER VILLAGE MANA
Date: � Z�' ( Date: r I �/ 20/1�
MAYOR VINE MAYOR DAVID COVIELLO
D Date: 1 /7 � 0/�
ATTEST:
I t,u c
RAFAEL E. GRANAD , CITY dLERK MARIA C. CAMARA, VILLAGE CLERK
APPROVED AS TO
FORM &LANGUAGE
&FOR ELUTION
ATT RNEY 4AT4
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