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HomeMy Public PortalAbout2019-08 Ratifying a mutual aid agreement with the City of Miami Police DepartmentRESOLUTION NO.2019-8 A RESOLUTION OF THE MAYOR AND VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, RATIFYING A MUTUAL AID AGREEMENT WITH THE CITY OF MIAMI POLICE DEPARTMENT; APPROVING MUTUAL AID AGREEMENTS WITH THE CITY OF CORAL GABLES AND CITY OF MIAMI BEACH POLICE DEPARTMENTS; PROVIDING FOR AUTHORIZATION; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS' the Village of Key Biscayne (the "Village") has historically entered into mutual aid agreements with other municipalities, such as the City of Coral Gables, City of Miami, and City of Miami Beach Police Departments, for the purpose of providing voluntary cooperation and assistance of a routine law enforcement nature across jurisdictional lines; and \ilHEREAS, the Village and the City of Miami's existing mutual aid agreement expired and, in order to avoid a gap in the cooperation and assistance offered by the agreement, the parties entered into a new agreement, which is attached hereto as Exhibit "A" (the "City of Miami Agreement"); and \üHEREAS, the Village Council desires to ratify the City of Miami Agreement; and WHEREAS, the Village further wishes to approve mutual aid agreements with the City of Coral Gables and the City of Miami Beach in the forms attached hereto as Exhibits "8" and "C," respectively (the "City of Coral Gables Agreement" and the "City of Miami Beach Agreement," respectively); and WHEREAS, the Village Council wishes to authorize the Village Manager to execute future renewals of the agreements ratified and approved by this Resolution; and \ilHEREAS, the Village finds that this Resolution will promote the health, safety and welfare of the Village. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND VILLAGE Page I of2 COUNCIL OF THE VILLAGE OF KEY BISCAYNEO FLORIDAO AS FOLLOWS: Section 1. Recitals. That each of the above-stated recitals are hereby adopted, confirmed, and incorporated herein. Section 2. Ratification. That the Village Council hereby ratifies the City of Miami Agreement attached hereto as Exhibit "A." Section 3. Approval. That the Village Council hereby approves the City of Coral Gables Agreement and the City of Miami Beach Agreement attached hereto as Exhibits "8" and "C," respectively, in substantially the form provided, subject to the approval of the Village Attorney as to form, content, and legal sufficiency. Section 4. Authorization. That the Village Manager is hereby authorized to take any and all action necessary to implement the purposes of this Resolution. That the Village Manager is further authorized to execute any renewals of the agreements. Section 5. Effective Date. That this Resolution shall take effect immediately upon adoption. PASSED and ADOPTED this 5th day of February ,2019. I V/. DAVEY, MA C GE CLERK APPROVED AS TO FORM AND LEGAL VILLAGE ATTORNEY Page2 of2 EXHIBIT A MUTUAL AID AGREEMENT BETWEEN THE VILLAGE OF KEY BISCAYNE AND THE CITY OF MIAMI Sltts sf ff tämt Victoria Méndez City Attorney Telephone: (305) 41 6-1 800 Telecopier: (305) 41 6-1 801 E-MAIL: Law@miamigov.com December 7,2018 Charles R. Press, Police Chief Key Biscayne Police Department 88 V/ Mclntyre Street Key Biscayne, Florida 33149 Dear Clhief Press: Enclosed please find one original fully executed and attested Mutual Aid Agreement between City of Miami Police Department and Key Biscayne Police Department for your records. In addition, we have frled the Agreement with FDLE as nrandated by Mutual Aid Act (F.S. $23.1225(4)). A copy of the e-receipt is enclosed and should be kept together with the original Mutual Aid Agreement. We look forward to the continued working relationship between our two departments. Shoulcl you have any questions, please do not hesitate to contact the office ar (305)603-61 10. v. C. Perez Assistant City Attorney Enclosures OFFICEOFTHECITYATTORNEY/444S.W.2ndAvenue,Suite945 /Miami, Florída33130-1910 COMBINED VOLUNTARY COOPERATION AND OPERATIONAL ASSISTANCE MUTUAL AID AGREEMENT BETWEEN THE CITY OF MIAMI, FLORIDA AND THE V¡LLAGE OF KEY BISCAYNE, FLOR¡DA This Voluntary Cooperation and Operational Assistance Mutual Aid Agreement is made as of this e¿ day of NovEMBER, 201e, by and between the ClTy oF MlAMl, FLORIDA, a Florida municipal corporation, having its principal office at 3500 pan American Drive, Miamí, Florida 33133, and the VILLAGE OF KEy BISCAYNE, FLORIDA, a Florida municipal corporation having its principal office at 88 West Mclntyre Street, Key Biscayne, Florida 33149, and states as follows: WHEREAS, it is the responsibility of the governments of the Clty of Miami, Florida, and the Village of Key Biscayne, Florida, to ensure the public safety of their citizens by providing adequate levels of police services to address any foreseeable routine or emergency situation; and WHEREAS, there is an 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 City of Miami Police Department or the Village of Key Biscayne Police Department; and WHEREAS, the City of Miami and the Village of Key Biscayne are so located in relation to each other that it is in the best interest and advantage of each to receive and extend mutual aid in the form of law enforcement services and resources to adequately respond to: (1) Continuing, multi-jurisdictional criminal activity, so as to protect the public peace and safety, and preserve the lives and property of the people; and I (2) lntensive situatíons including, but not limited to, natural or manmade disasters or emergencies as defined under Section 252.34, Florida Statutes; and (3) Joint provision of certain law enforcement services specified herein and allowed pursuant to Florida Statute 166.0495; and WHEREAS, the City of Miamiand the Village of Key Biscayne have the authority under The Mutual Aid Act, Chapter 23, Part l, Florida Statutes, to enter into a combined mutual aid agreement for law enforcement services which: (1) Permits voluntary cooperation and assistance of a routine law enforcement nature across jurisdictional lines; and (2) Provides for rendering of assistance in a law enforcement emergency. NOW, THEREFORE, BE lT KNOWN, that the City of Miami, a political subdivision of the State of Florida, and the Village of Key Biscayne, a political subdivision of the State of 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 l: PROVISIONS FOR VOLUNTARY COOPERATION Each of the aforesaid law enforcement agencies hereby approve and enter into this agreement whereby each of the agencies may provide voluntary cooperation and assistance of a routine law enforcement nature across jurisdictional lines. The nature of the law enforcement assistance to be rendered shall include but not be limited to: Concurrent law enforcement jurisdictíon in and throughout the territorial límits of the City of Miami and the Village of Key Biscayne for arrests, made pursuant to the laws of arrest, for felonies and misdemeanors, including arrestable traffic offenses, which spontaneously take place in the presence of the arresting officer, at such times as the arresting officer is traveling from place to place on official business outside of his or her jurisdiction, for a 2 b example, to or from court, or at any time when the officer is within the territorial limits of his or her jurisdiction. Concurent law enforcement jurisdiction in and throughout the territorial limits of the City of Miami and the village of Key Biscayne for arests, made pursuant to the laws of arrest, of persons idenilfied as a result of investigations of any offense constituting a felony or any act of Domestic Violence as defined in Section 741.28, Florida statutes, when such offense occurred in the municípality employing the arresting officer. Concurrent law enforcement jurisdiction in and upon the jurisdictional waters of the city of Miami and the village of Key Biscayne for arrests, made pursuant to the laws of arrest, for felonies and misdemeanors and boating infractions. Pafficipating in exigent situations, without the need for a formal request, íncluding, but not limited to, area searches for wanted subjects, perimeters, crimes in progress, escaped prisoners, traffic stops near municipal boundaries, requests for assistance when no available local units are nearby, calls indicating a crime or incident has occurred in which a citizen may likely be injured and the assísting municipality is closer to the area than the officer receivíng the call. Concurrent law enforcement jurisdiction in and throughout the territorial limits of the City of Miami and the Village of Key Biscayne for investigations of homicides, sex offenses, robberies, assaults, batteries, burglaries, larcenies, gambling, motor vehicle thefts, drug violations pursuant to Chapter 893, Florida statutes, and inter-agency task forces and/or joint investigations. c d e. Prior to any officer taking enforcement action pursuant to paragraphs (a) through (e) above, the officer shall notify the jurisdiction in which the action will be taken, unless exigent circumstances prevent such prior notification, in which case notification shall be made as soon after the action as practicable. lf the agency having normal jurisdiction responds to the scene the assisting agency's officer may turn the situation over to them J and offer any assistance requested including, but not limited to, a follow-up written report documenting the event and the actions taken. These provisions are not intended to 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 normaljurisdiction, 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 ll: PROVISIONS FOR OPERATIONAL ASSISTANGE 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 to include, but not necessarily be limited to dealing with, the following: 1. Jointmulti-jurisdictionalcriminalinvestigations. 2. Civil aflray or disobedience, disturbances, riots, large protest demonstrations and assemblies, controversial trials, political conventions, labor disputes, and strikes. 3. Any natural, technological or manmade disaster. 4. lncidents 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. L Control of major crime scenes, area searches, perimeter control, back-ups to emergency and in-progress calls, pursuits, and missing person calls. L Enemy attack. 4 10. 11. 12. 13. 14. 15. 16. 17. 18. Tra nsportation of evidence req u iring secu rity. Major events, e.9., sporting events, concerts, parades, fairs, festivals, and conventions. Security and escort duties for dignitaries. lncidents requiring utilization of specíalized units; e.g., underwater recovery, marine patrol, aircraft, canine, motorcycle, bicycle, mounted, SWAT, bomb, crime scene and police information. Emergency situations in which one agency cannot perform its functional objective. Joint training in areas of mutual need. Joint multi-jurisdictional marine interdiction operations. Off-duty special events. DUI Checkpoints. SECTION III: PROCEDURE FOR REQUESTING OPERATIoNAL ASSISTANCE 1. Mutual aid requested or rendered will be approved by the Chief of Políce, or designee. The Chief of Police, or designee, of the agency whose assistance is sought shall evaluate the situation and the agency's available resources, consult with his/her superuisors, if necessary, and will respond in a manner he/she deems appropriate. 2. 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. 3. Specific reporting instructions for personnel rendering mutual aid will be included in the request for mutual aid. ln the absence of such reporling instructions, personnel will report to the ranking on-duty supervisor on the scene. 4. Communications instructions should be included in each request for mutual aid and each agency's communications centers will maintain radio contact with each other untilthe mutual aid situation has ended. 5 5. lncidents requiring mass processing of arrestees, transporting prisoners, and operating temporary detention facilities will be handled per established procedures of the requesting agency or Chíef of Police involved. SECTION lV: GOMMAND AND SUPERVISORY RESPONSIBILITY a. COMMAND: The personnel and equipment that are ass¡gned by the assisting Chief of Police shall be under the immediate command of a supervising officer designated by the assisting Chief of Police. 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. b. 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. lf any such rule, regutation, personnel policy, generaf order or standing operating procedure is contradicted, contravened or othenruise 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. c. HANDLING GOMPLAINTS: Whenever there is cause to believe that a complaint has arisen as a result of a cooperative effoft as it may pertain to this agreement, the Chief of Police or his/her designee of the agency employing the officer who is the subject of the complaint shall be responsible for the investigation of the complaint. The Chief of Police or designee of the requesting agency should ascertain at a minimum: 1. The identity of the complainant; 2. An address where the complaining party can be contacted; 3. The specific allegation; and 6 4. The identity of the employees accused without regard as to agency affiliation lf it is determined during the investigation of a complaint 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 fonruarded 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 V: 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 applícable. SECTION Vl: POWERS, PRIV|LEGES, tMMUNtTtES AND COSTS a. Employees of the City of Miami and the Village of Key Biscayne 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), Fla. Stat. (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 agreement as set forth above; provided, however, that no party shall be required to deplete unreasonably its own personnel, equipment, resources, facilities, and seryices in furnishing such mutualaid. 7 c. The political subdivision 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 equipment. d. The political subdivision furnishing aid pursuant to this agreement shall compensate its employees during the time of the rendering of aid and shall defray (provide for the payment of) the actual travel and maintenance expenses of its employees while they are rendering aid, including any amounts paid or due for compensation for personal injury or death while its employees are rendering aid. e. The privileges and immunities from liability, exemption from laws, ordinances and rules, and pension, insurance, relief, disability, workers'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 mutual aid agreement. This sectíon applies to paid, volunteer, reserve and auxiliary 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. SEGTION Vll: FORFEITURES It is recognized that during the course of the operation of this agreement, property subject to forfeiture under Sections 932.701- 932.707, Florida Statutes, known as the "Florida Contraband Forfeiture Act," may be seized. The property shall be seized, forfeited, and equitably distributed among the participating agencies in proportion to the amount of investigation and partícipation performed by each agency pursuant of the provisions of the "Florida Contraband Forfeiture Act." I SECTION Vlll: INSURANCE Each political subdivision shall provide, upon request, satisfactory proof of liability insurance by one or more of the means specified in Section 768.28, Florida Statutes, in an amount which is, in the judgment of the governing body of that political subdivision, 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 the notice or actual knowledge of such change. SEGTION lX: EFFECTIVE DATE This agreement shall take effect upon execution and approval by the hereinafter named officials and shall continue in full force and effect until Novemher 1,?O23 tJncler no circumstances may this agreement be renewed, amended or extended except in writing. SECTION X: CANCELLATION Either party may cancel its participation in this agreement upon delivery of written notice to the other political subdivision. lN W¡TNESS WHEREOF, the parties hereto cause to these presents to be signed on the date first written above. 9 AGREED AND ACKNOWLEDGED this_e.ø _day of ñôvEp1BER. ,2018. ANDREA AGHA Village Manager Village of Key Biscayne D ATTEST: NIFE MEDI flage Clerk Village of Key Biscayne APPROVED AS TO FORM AND LEGAL SUFFICIENCY: EM T.G City of Miami Date: ATTEST DB City Clerk City of Miami APPROVED AS TO FORM AND LEG S CIENCY Û--1/\'É1- V RIA NDEZ City Attorney DAVID M. WOLPIN WEISS SEROTA HELFMAN COLE & BIERMAN, P.L, City Attomey CHARLES Chief of Police Village of Key Biscayne \ JORGE R. COLINA Chief of Police City of Miami APPROVED AS INSURANCE REQUIREME ANN-M IE HARPE Risk Director t, l0 City of mt Florida EXHIBIT B MUTUAL AID AGREEMENT BETWEEN THE VILLAGE OF KEY BISCAYNE AND THE CITY OF CORAL GABLES COMBINED VOLUNTARY COOPERATION AND OPERATIONAL ASSISTANCE MUTUAL AID AGREEMENT BETWEEN THE VILLAGE OF KEY BISCAYNE, FLORIDA AND THE CITY OF CORAL GABLES, FLORIDA WHEREAS, it is the responsibility of the governments of the Village of Key Biscayne, Florida, and the City of Coral Gables, Florida, to ensure the public safety of their citizens by providing adequate levels of police services to address any foreseeable routine or emergency situation; and WHEREAS, under Florida Statutes Section 23.121(l) there is an existing and continuing possibility of the occuffence 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 Coral Gables Police Depaftment; and WHEREAS, it is in the best interest and advantage of the Village of Key Biscayne and the City of Coral Gables to receive and extend mutual aid to each other in the form of law enforcement services and resources to adequately respond to: (l) 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, Florida Statutes; and (3) Joint provision of certain law enlorcement services specified herein and allowed pursuant to Section 166.0495, Florida Statutes; and \ryHEREAS, the Village of Key Biscayne and the City of Coral Gables have the authority under Section 23.12, Florida Statutes, et seq., the Florida Mutual Aid Act, to enter into a combined mutual aid agreement for law enforcement services which: (1) Permits voluntary cooperation and assistance of a routine law enforcement nature across jurisdictional lines; and (2) Permits the provision of operational assistance to meet a request for assistance due to a civil disturbance or other emergency as defined in Section 252.34, Florida Statutes; and NOW' THEREFORE, BE IT KNO\ryN, that the Village of Key Biscayne, a political subdivision of the State of Florida, and the City of Coral Gables, a political subdivision of the State of 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 1: PROVISIONS FOR VOLUNTARY COOPERATION Each of the aforesaid law enforcement agencies hereby approve and enter into this agreement whereby each of the agencies may provide voluntary cooperation and assistance of a routine law enforcement nature across jurisdictional lines. The nature of the law enforcement assistance to be rendered shall include but not be limited to: a. Concurent law enforcement jurisdiction in and throughout the territorial limits of the Village of Key Biscayne and the City of Coral Gables for felony and misdemeanor arrests, made pursuant to the laws of arrest, including arrestable traffic offenses, which spontaneously take place in the presence of the arresting offrcer, at such times as the arresting officer is traveling from place to place on b official business outside of his or her jurisdiction, for example, to or from court, or at any time when the officer is within the territorial limits of his or her jurisdiction. Concurrent law enforcement jurisdiction in and throughout the territorial limits of the Village of Key Biscayne and the City of Coral Gables for arrests, made pursuant to the laws of arrest, of persons identified as a result of investigations of any offense constituting a felony or any act of Domestic Violence as defined in Section 741.28, Florida Statutes, when such offense occurred in the municipality employing the anesting officer. Concurrent law enforcement jurisdiction in and upon the jurisdictional waters of the Village of Key Biscayne and the City of Coral Gables for arrests, made pursuant to the law of arrest, for felonies, misdemeanors, and boating infractions. Participating in exigent situations, without the need for a formal request, including, but not limited to, area searches for wanted subjects, perimeters, crimes in progress, escaped prisoners, traffic stops near municipal boundaries, requests for assistance when no available local units are nearby, calls indicating a crime or incident has occurred in which a cifizen may likely be injured and the assisting municipality is closer to the area than the offlrcer receiving the call. Concurrent law enforcement jurisdiction in and throughout the territorial limits of the Village of Key Biscayne and the City of Coral Gables for any investigation of a felony, including, but not limited to: homicides, sex offenses, robberies, assaults, batteries, burglaries, larcenies, gambling, motor vehicle thefts, financial crimes, drug violations pursuant to Chapter 893, Florida Statutes, and inter-agency task forces and/or joint investigations. c d. e. f. Joint enforcement of all state laws and county ordinances, city ordinances of the City of Coral Gables and the Village of Key Biscayne and the exercise of arrest powers when a crime of violence or felony of any nature occurs in the presence of any swom law enforcement officer, within the jurisdictional boundaries of either party. Prior to any offrcer taking enforcement action pursuant to paragraphs (a) through (f) above, the offrcer shall notify the jurisdiction in which the action will be taken, unless exigent circumstances prevent such prior notification, in which case notification shall be made as soon after the action as practicable. If the agency having normal jurisdiction responds to the scene, the assisting agency's officer may 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. These provisions are not intended to 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 exigent, 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 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 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, technological, or manmade 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. Any act of terrorism as defined in Section 775.30, Florida Statutes; 6. Escapes frorn, or disturbances within, prisoner processing facilities; 7. Hostage, active shooter and banicaded 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, including but not limited to, sporting events, concerts, parades, fairs, festivals, conventions and any National Special Security Event OfSSE) as designated by the United States Deparlment of Homeland Security; 12. Security and escort duties for dignitaries; 13. Incidents requiring utilization of specialized units, including but not limited to, underwater, recovery, marine patrol, airuaft, canine, motorcycle, bicycle, mounted, SV/AT, bomb, crime scene, and police information; 14. Emergency situations in which one agency cannot perform its functional objective; I 5. Joint training in areas of mutual need; I 6. Joint multi-jurisdictional marine interdiction operations; 17. Off-duty special events; and 18. DUI Checkpoints. SECTION III: PROCEDURE FOR REQUESTING OEPARTIONAL ASSISTANCE 1. Mutual aid requested or rendered shall be approved by the Chief of Police, or designee. The Chief of Police, or designee, of the agency whose assistance is sought shall evaluate the situation and the agency's available resources, consult with hislher supervisors, if necessary, and will respond in a manner he/she deems appropriate. 2. The Chief of Police, or designee, 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. 3. Specific reporting instructions for personnel rendering mutual aid will be included in the request for mutual aid. In the absence of such reporting instructions, personnel will report to the ranking on-duty supervisor on the scene. 4. 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. 5. Incidents requiring mass processing of arrestees, transporting prisoners, and operating temporary detention f.acilities will be handled per established procedures of the requesting agency or Chief of Police involved. SECTION IV: COMMAND AND SUPERVISORY RESPONSIBILITY ^. COMMAND: The personnel and equipment that are assigned by the assisting Chief of Police shall be under the immediate command of a supervising officer designated by the assisting Chief of Police. Such supervising officer shall be under the direct supervision and command of the Chief of Police or his/her designee ofthe agency requesting assistance. b. 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 standing 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. c. HANDLING COMPLAINTS: Vy'henever there is cause to believe that a complaint has arisen as a result of cooperative effort as it may pertain to this agreement, the Chief of Police or his/her designee of the agency employing the officer who is the subject of the complaint shall be responsible for the investigation of the complaint. The Chief of Police or designee of the requesting agency should ascertain at a minimum: 1. The identity of the complainant; 2. An address where the complaining party can be contacted; 3. The specific allegation; and 4. The identity of the employees accused without regard as to agency affiliation. If it is determined during the investigation of a complaint that the accusecl 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 V: 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 VI: PO\ryERS, PRIVILEGES, IMMUNITIES AND COSTS a, Employees of the Village of Key Biscayne and the City of Coral Gables, 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), Fla. Stat. (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 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. The political subdivision 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 equipment. d. The political subdivision furnishing aid pursuant to this agreement shall compensate its employees during the time of the rendering of aid and shall defray (provide for the payment of) the actual travel and maintenance expenses of its employees while they are rendering aid, including any amounts paid or due for compensation for personal injury or death while its employees are rendering aid. e. The privileges and immunities from liability, exemption from laws, ordinances and rules, and pension, insurance, relief, disability, workers' 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 provision of this mutual aid agreement. This section applies to paid, volunteer, reserve, part time and auxiliary 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. SECTION VII: FORFEITURES a. In the event an agency seizes any real property, vessel, motor vehicle, aircraft, currency or other property pursuant to the Florida Contraband Forfeiture Act during the performance of this agreement, the agency requesting assistance in the case of requested operational assistance and the seizing agency in the case of voluntary cooperation shall be responsible for maintaining any forfeiture action pursuant to Chapter 932, Florida Statutes. The agency pursuing the forfeiture action shall have the exclusive right to control and the responsibility to maintain the property in accordance with Chapter 932, Florida Statutes, to include, but not be limited to, the complete discretion to bring the action or dismiss the action. b. All proceeds from forfeited property as a result of or in accordance with this agreement shall be equitably distributed among the participating agencies in proportion to the amount of investigation and participation performed by each agency pursuant of the provisions of the Florida Contraband Forfeiture Act., less the costs and attomey's fees associated with the forfeiture action. SECTION VIII: INSURANCE Each political subdivision shall provide, upon request, satisfactory proof of liability insurance by one or more of the means specified in Section 768.28, Florida Statutes, in an amount which is, in the judgment of the governing body of that political subdivision, at least adequate to cover the risk to which fhatparty may be exposed. Should the insurance coverage, however provided, of any party be canceled or undergo material change, thatparty shall notify all parties to this agreement of such change within ten (10) days of receipt of the notice or actual knowledge of such change. SECTION IX: EFFECTIVE DATE This agreement shall take effect upon full execution and approval by the hereinafter named officials and shall continue in full force and effect for five years after it takes effect. Under no circumstances may this agreement be renewed, amended or extended except in writing. SECTION X: CANCELLATION Either party may cancel its participation in this agreement upon sixty (60) days written notice to the other political subdivision. Cancellation will be at the discretion of any political subdivision to this mutual aid agreement. IN \ryITNESS WHEREOF, the parties hereto cause to these presents to be signed on the date first written above. AGREED AND ACKNOWLEDGED this _ day of FOR CORAL GABLES FOR KEY BISCAYNE Peter lglesias City Manager: City of Coral Gables Date ATTEST: Billy Y. lJrquia City Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY: Miriam Ramos City Attorrrey Andrea Agha City Manager Village of Key Biscayne Date: ATTEST Jennifbr Medina Village Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY: Stephen Helfman of 'Weiss Serota Village Attorney Edward Hudak Chief of Police APPROVED AS TO INSURANCE REQUIREMENTS: Raquel Elejabarieta Director of Risk Management Charles R. Press Chief of Police APPROVED AS TO INSURANCE REQUIREMENTS: EXHIBIT C MUTUAL AID AGREEMENT BET\ilEEN THE VILLAGE OF KEY BISCAYNE AND THE CITY OF MIAMI BEACH VOLUNTARY COOPERATION AND OPERATIONAL ASSISTANCE MUTUAL AID AGREEMENT BETWEEN THE VILLAGE OF KEY BISCAYNE 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 - ,2018 ("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 KEY BISCAYNE, FLORIDA, having its principal office at 88 West Mclntyre Street, Key Biscayne, FL 33149, state as follows: RECITALS WHEREAS, 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 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 Key Biscayne 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 Key Biscayne 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) lntensive 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 Key Biscayne 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 Cooperation Agreement for law enforcement service which: (1) Permits voluntary cooperation and operationalassistance 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. NOWTHEREFORE, BE lT KNOWN thatthe Village of Key Biscayne, Florida 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 l: 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 investigations as set forth pursuant to, and under the authority of Chapter 23 of the Florida Statutes. SECTION ll: 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: Joint multi-jurisdictional criminal investigations Civil affray or disobedience, disturbances, riots, large protest demonstrations and assemblies, controversial trials, political conventions, labor disputes, and strikes. Any natural disaster. lncidents 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. Terrorist activities including, but not limited to, acts of sabotage. Escapes from, or disturbances within, prisoner processing facilities. Hostage and barricaded subject situations, and aircraft piracy. Control of major crime scenes, area searches, perimeter control, back-ups to emergency and in-progress calls, pursuits, and missing person calls. Enemy attack. Transportation of evidence requiring security. Major events, e.9., sporting events, concerts, parades, fairs, festivals, and conventions. Security and escorl duties for dignitaries. lncidents requiring utilization of specialized units; e.9., underwater recovery, aircraft, canine, motorcycle, bomb, crime scene and police information. Emergency situations in which one agency cannot perform its functional objective. Joint training in areas of mutual need. Joint multi-jurisdictional marine interdiction operations. The following procedures will apply in mutual aid operations 1. 2. 3. 4. 5 o 7I 9. 10 11 12 13 14 15 16 2 1 . Mutual aid requested or rendered will be approved by the Chief of Police, or his/her designee. 2. Specific reporting instructions for personnel rendering mutual aid will be included in the request for mutual aid. ln 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 untilthe mutual aid situation has ended. 4. lncidents 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 lll: PROCEDURE FoR REQUESTING ASSISTANCE AND LIMITATIONS OF ASSISTANCE ln the event that a party to this Cooperation Agreement ís in need of assistance as set forth above, the Chief of Police or hisiher designee, shall notifi7 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 shallevaluate the situation and the agency's available resources, consult with hís/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 ACCORDANGE WTH FLORIDA LAW. ShOUId enforcement assistance be taken, said party shall notiñ7 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, is not intended to 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 normaljurisdiction, 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 ofthe 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. 3 SEGTION lV: 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. lf any such rule, regulation, personnel policy, general order or standard operating procedure is contradicted, contravened or othen¡vise 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 Vl: 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: The identity of the complainant. An address where the complaining party can be contacted. The specific allegation. The identity of the employees accused without regard as to agency affiliation lf 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 Vll: LIABILITY Each party engaging in any mutual cooperation and assistance, pursuant to this Cooperation 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 Cooperation Agreement, subject to the provisions of Section 768.28, Florida Statutes, where applicable. SECTION Vlll: POWERS, PRIVILEGES, IMMUNITIES AND EXPENDITURES (a) Employees of the Village of Key Biscayne and the City of Miami Beach, when actually engaging in mutual cooperation and assistance outside of their normaljurisdictional limits 1 2 3 4 4 but inside this State, under the terms of this Cooperation Agreement, shall pursuant to the provisions of Section 23.127(1), Fla. Stat. (as amended) and this Cooperation Agreement, 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 shallapply 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 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 Key Biscayne 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 Village of Key Biscayne 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. The parties acknowledge that the City of Miami Beach and the Village of Key Biscayne are authorized to pursue property seized pursuant to the Florida Contraband Forfeiture Act. Each party shall have exclusive authority to initiate forfeiture proceedings originating in its respective jurisdiction under the Florida Contraband Forfeiture Act for any matters which arise from a mutual aid event that (¡) 5 is covered by this Cooperation Agreement. Each respective party, upon successfully prosecuting a forfeiture action, shall equitably share in those proceeds seized and forfeited, as acceptable to the Chief of Police of the City of Miami Beach and the Chief of Police of the Village of Key Biscayne. SECTION lX: INSURANCE Each party shall provide, upon request, satisfactory proof of liability insurance by one or more of the means specified in Section 768.28(16Xa), Florida Statutes, 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 notiñ7 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 Cooperation Agreement shall take effect upon execution and approval by both parties and shall continue in full force and effect until December 31 ,2024. Under no circumstances may this agreement be renewed, amended, or extended except in writing. SEGTION Xl: CANCELLATION Either party may cancel its participation in this Cooperation Agreement at any time upon delivery of written notice to the other party. ln witness whereof, the parties hereto cause to these presents to be signed on the date specified. AGREEDToANDAcKNoWLEDGEDthis-dayof-,2018. CITY OF MIAMI BEACH, FLORIDA VILLAGE OF KEY BISCAYNE, FLORIDA DANIEL J. OATES CHIEF OF POLICE Date CHARLES R. PRESS CHIEF OF POLICE Date 6 JIMMY L. MORALES CITY MANAGER ANDREA AGHA CITY MANAGER Date:Date ATTEST:ATTEST: RAFAEL E. GRANADO CITY CLERK JENNIFER MEDINA, CMC CIry CLERK 7