Mutual Aid Agreement with Bay Harbor Islands VOLUNTARY COOPERATION AND OPERATIONAL ASSISTANCE
MUTUAL AID AGREEMENT
BETWEEN THE TOWN OF BAY HARBOR ISLANDS AND
THE CITY OF MIAMI BEACH, FLORIDA
This Voluntary Cooperation and Operational Assistance Mutual Aid Agreement
("Cooperation Agreement") is made as of this day of -AW4&6e/ , 2014
(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 Town of Bay Harbor Islands, having its principal office at 9665 Bay Harbor
Terrace, Town of Bay Harbor Islands, FL 33154, state as follows:
RECITALS
WHEREAS, it is the responsibility of the governments of the Town of Bay Harbor
Islands, 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 Town of Bay
Harbor Islands 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 Town of Bay Harbor Islands 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 Town of Bay Harbor Islands 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.
NOW THEREFORE, BE IT KNOWN that the Town of Bay Harbor Islands 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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2. Specific reporting instructions for personnel rendering mutual aid will 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 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 ar.restees, 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 AND LIMITATIONS OF
ASSISTANCE
In the event that a party to this Cooperation Agreement is in need of assistance as set
forth above, the Chief of Police or his/her designee, shall notify the Chief of Police or his/her
designee from whom such assistance is requested. The Chief of Police or authorized agency
representative 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.
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.
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 ONLY BE EMPOWERED
TO RENDER ENFORCEMENT ASSISTANCE AND ACT IN ACCORDANCE WITH FLORIDA
LAW. Should enforcement assistance be taken, said party shall notify the agency having
normal jurisdiction, and upon the latter's arrival, 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. This provision, so prescribed in this paragraph, shall not 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 and such encounter results in a breach of the peace.
The parties acknowledge that the policy of the Florida Mutual Aid Act is to provide a
means to deal with disasters, emergencies, and other major law enforcement problems. This
Cooperation Agreement shall not extend police powers beyond the specific additional authority
granted by the Legislature in Chapter 23 of the Florida Statutes, which intent was to assure the
continued functioning of law enforcement in times of emergencies or in areas where major law
enforcement efforts were being thwarted by jurisdictional barriers, and the respective parties,
police officers and authority are limited to those instances where the subject matter of the
investigation originates inside the municipal city limits.
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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 Town of Bay Harbor Islands 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 Town of Bay Harbor Islands 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 Town of Bay
Harbor Islands 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.
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(i) The Parties acknowledge that the City of Miami Beach is authorized to pursue
any property seized pursuant to the Florida Contraband Forfeiture Act. The City of Miami Beach
shall have the exclusive authority to initiate forfeiture proceedings under the Florida Contraband
Forfeiture Act for any matters which arise from a mutual aid event that is covered by this
Cooperation Agreement. The City of Miami Beach, upon successfully prosecuting a forfeiture
action, shall equitably share in those proceeds seized, with the Town of Bay Harbor Islands, as
acceptable by the Chief of Police for the City of Miami Beach and the Chief of Police for the
Town of Bay Harbor Islands.
SECTION IX. INSURANCE
Each party shall provide satisfactory proof of liability insurance by one or more of the
means specified in Section 768.28(16)(a) of the Florida Statutes (2010), in an amount which is,
in the judgment of the governing body of that party, 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 notice or actual knowledge of such change.
SECTION X. EFFECTIVE DATE
This Agreement shall take effect upon execution and approval by both parties and shall
continue in full force and effect until December 31, 2018. Under no circumstances may this
agreement be renewed, amended, or extended except in writing.
SECTION XI. CANCELLATION
Either party may cancel its participation in this Agreement at any time upon delivery of
written notice to the other party.
In witness whereof, the parties hereto cause to these presents to be signed on the date
specified.
AGREED TO AND ACKNOWLEDGED this Irk day of �h�(7�r , 2014.
CITY OF MIAMI BEACH, LORIDA TOWN OF HARBOR ISLANDS, FLORIDA
SEA EMINGWA
POLI CHIEF POLICE CHIEF
Date: Z�` I'-I Date: -11
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JIMMY L. MO LES R NALD J. AS ON
CITY MANAGE TOWN MA GE
Date: Z Date: 5 /2 t
MAYOR PH �F R ROBERT YAFFE
ILIP
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ATTEST:
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RAF aE. GRANADO, CtTY CLERK M#FtENU MA E TOWN CLERK
APPROVED AS TO
FORM&LANGUAGE
&FOR EXECUTION
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City Attorney AL, Date
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