HomeMy Public PortalAbout2009 Police Department Mutual Aid AgreementVOLUNTARY COOPERATION AND OPERATIONAL ASSISTANCE
LAW ENFORCEMENT MUTUAL AID AGREEMENT
WITNESSETH
Whereas, the subscripting law enforcement agencies are so located in relation to each
other that it is to the advantage of each to receive and extend mutual aid in the form to
law enforcement services and resources to adequately respond to :
(1) Continuing multi jurisdictional criminal activity, so as to protect public peace and
safety, and preserve the lives and property of the citizens; and
(2) Intensive situations, including but not limited to, natural disasters or emergencies
as defined under Section 252.34, Florida Statutes; and,
Whereas, the South Miami Police Department and the Village of Key Biscayne Police
Dept. have the authority under Section 23.12, Florida Statutes, et seq., The Florida
Mutual Aid Act, to enter into a mutual aid agreement for law enforcement services
which:
(1) Permits voluntary cooperation and assistance of a routine law enforcement nature
cross jurisdictional lines; and,
(2) Provides for rendering of assistance in a law enforcement emergency,
Now, therefore, the parties agree as follows:
SECTION I, PROVISIONS FOR VOLUNTARY COOPERATION
Each of 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 in dealing with any violations of Florida Statutes to include, but
not necessarily be limited to, investigating homicides, sex offenses, robberies, burglaries,
thefts, gambling, motor vehicle thefts, controlled substances violations, DUI violations
and with backup services during patrol activities, school resource officers on official duty
out of their jurisdiction, school safety officers enforcing laws within 1000 feet of a
school, and inter -agency task forces and/or joint investigations.
SECTION II: PROVISION FOR OPERATIONAL ASSISTANCE
Each of 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 civil
disturbances, law enforcement emergencies, large protest demonstrations, aircraft
disasters, fires hurricanes, tornadoes or other weather -related crises, sporting events,
concerts, parades, escapes from detention facilities, and incidents requiring utilization of
specialized units (such as bomb disposal units or special weapon and tactics units).
SECTION III. PROCEDURE FOR REQUESTING ASSISTANCE
In the event that a party to this agreement is in need of assistance as set forth above, an
authorized representative of the agency requesting assistance shall notify the agency head
or his/her designee from whom such assistance is requested. The agency head 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 agency head in whose jurisdiction assistance 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 writhing as the particular situation dictates.
Should a sworn law enforcement officer be in another subscribed agency's jurisdiction
for matters of a routine nature, such as traveling through the jurisdiction on routine
business, attending a meeting or going to or from work, or transporting a prisoner, and a
violation of Florida Statutes occurs in the presence of said party, representing his/her
respective agency, he/she shall be empowered to render enforcement assistance and act in
accordance with law . Should enforcement action 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 documenting the event and the actions taken. This provision so prescribed
in the 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 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 agency head shall be
under the immediate command of a supervising officer designated by the assisting agency
head. Such supervising officer shall be under the direct supervision and command of the
agency head or his/her designee of the agency requesting assistance.
CONFLICTS: Whenever an officer, deputy sheriff or other appointee is rendering
assistance pursuant to this agreement, the officer, deputy sheriff or appointee shall abide
by and be subject to the rules and regulations, personnel policies, general orders, and
standard operating procedures of his/her won employing agency. 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, personnel policy, general order or
procedure shall control and shall supersede the direct order.
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 agency
head or his/her designee of the requesting agency shall be responsible agency shall be
responsible for the documentation of said complaint to as certain at a minimum:
1. The identity of the complaint.
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 head or his/her designee
of the assisting 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 employees while engaged in rendering such aid pursuant to this agreement.
SECTION VL POWER, PRIVELEGES, IIVIMUNITIES AND COSTS
A. Employee of the South Miami Police Department and the Village of Key
Biscayne Police Department Office when actually engaging in mutual cooperation
and assistance outside of their jurisdictional limits but inside this state, under
the terms of this agreement, shall pursuant to the provision of Section
23.127(1), Florida Statutes, have the same powers, duties, rights, privileges
and immunities as if the employee was performing duties inside the
employees 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 the agreement as set forth
above; provided, however, that no party shall be required to deplete
unreasonably its own personnel, equipment, resources, facilities, and services in
furnishing such aid.
C. A 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 agency furnishing aid pursuant to this agreement shall compensate its
appointees/employees during the time such aid is tendered 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.
However, the requesting agency may compensate the assisting agency during the
time of the rendering of such aid and shall defray the actual travel and
maintenance expenses of such employees while they are rendering such aid,
including any amounts paid or due for compensation as a result of personal injury
or death while such employees are rendering aid pursuant to this agreement.
E. 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 agencies apply 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. The provisions of this section shall apply with equal
effect to paid, volunteer, 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.
G. Nothing in this agreement is intended or is to be construed as any transfer or
contracting away of the powers or functions of one party hereto to the other.
SECTION VII LIABILITY INSURANCE
Each party shall provide satisfactory proof of liability insurance by one or more of the
means specified in Section 768.28(15)(a), 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 cancelled 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 VIII. FORFEITURE
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 operation 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 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 be
limited to the complete discretion to bring the action or dismiss the action.
B. All proceeds from forfeited property seized as a result of or in accordance with
this agreement shall be divided between the parties, less the costs associated with
the forfeiture action as per prior written agreement, according to percentages of
participation.
SECTION IX El((NECTIVE DATE
This agreement shall take effect upon execution and approval by the hereinafter named
officials and shall continue in full force and effect until January 1, 2013. Under no
circumstances may this agreement be renewed, amended, or extended except in writing.
Section N. CANCELLATION
Any party may cancel its participation in this agreement upon delivery of written notice
to the other party or parties. Cancellation will be at the direction of any subscribing party.
In witness whereof, the parties hereto cause these presents to be signed on the date
specified.
City of So h ami, Fl
Date: 7 At d ?
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City Manager
City of South 'ami, Fl.
Date: C521 1 O 09
orney
City of South Miami, Fl.
Date:
Ce-,› q•-• 034erue-04
City Clerk
City of South Miami Fl.
Date:
Chief of Police
Village of Key Bisc . yne, Fl.
Dat:-
Vi age Manager
Village of Key Biscayn- 1.
Date:
Village Attorney
Village of Key Biscayne, Fl.
Date:
lage Clerk
Village of yne Fl.
Date: