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HomeMy Public PortalAbout2005-20 Mutual Aid Agreement; Bal HarbourRESOLUTION NO. 2005-20 A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AUTHORIZING THE POLICE DEPARTMENT TO ENTER INTO MUTUAL AID AGREEMENT WITH THE VILLAGE OF BAL HARBOUR, MIAMI-DADE COUNTY, FLORIDA. WHEREAS, the Police Department currently has mutual aid agreements with the Miami - Dade Police Department and the Miami Police Department; and WHEREAS, this agreement exists in the interest of public safety of the Village residents by providing adequate levels of police services to address any foreseeable routine or emergency situation; and WHEREAS, this agreement allows our officers and those of the other agency to work together under certain conditions; and WHEREAS, the Police Department has detached an officer to inter -agency task forces in an effort to combat the sale of narcotics and the laundering of illicit funds; and WHEREAS, the Village of Bal Harbour Police Department has currently created such a task force and is requesting assistance from our Police Department; and WHEREAS, any proceeds generated through the confiscation of properties and illicit monies will be disbursed to each Police Department that participates; and WHEREAS, these funds are placed into the Police Department's Law Enforcement Trust Fund Account; and WHEREAS, these funds may be used for non -budgeted programs that are supportive of and consistent with a law enforcement effort, policy or initiative; and WHEREAS, the Chief of Police has recommended adoption of this Resolution authorizing the Police Department to enter into a Mutual Aid Agreement with the Village of Bal Harbour Police Department. NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF KEY BISCAYNE, FLORIDA AS FOLLOWS: Section 1. That the recitals stated above are hereby adopted and confirmed. Section 2. That the Chief of Police is hereby authorized to enter into a Mutual Aid Agreement with the Village of Bal Harbour Police Department. Section 3. That this resolution shall take effect immediately upon adoption. PASSED AND ADOPTED this 12th day of April, 2005. (-a-4 h MAYOR ROBERT OLDAKOWSKI CONCHITA H. ALVAREZ, CMC, VILLAGE CLE APPROVED AS TO FORM AND LEGAL SUFFICIE t � VILLAGETTORNFY MUTUAL AID AGREEMENT Between Bal Harbour Village and the Village of Key Biscayne Police Departments WHEREAS, it is the responsibility of the governments of Bal Harbour Village, 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, 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 of facilities of the participating municipal police departments; 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 participating Miami -Dade County municipalities; and WHEREAS, the participating Miami -Dade County municipalities have the authority under Chapter 23, Florida Statutes, Florida Mutual Aid Act, to enter into a mutual aid agreement; NOW, THEREFORE, BE IT KNOWN that Bal Harbour Village, subdivision of the State of Florida, and the undersigned representatives, 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: 1. Short title: Mutual Aid Agreement 2. Description: Since this Mutual Aid Agreement provides for the requesting and rendering of assistance for both routine and law enforcement intensive situations, this Mutual Aid Agreement combines the elements of both a voluntary cooperation agreement and a requested operational assistance agreement, as described in Chapter 23, Florida Statutes. 3. Definitions: 1 a) Joint declaration: A document which enumerates the various conditions or situations where aid may be requested or rendered pursuant to this Agreement, as determined by concerned agency heads. Subsequent to execution by the concerned agency heads, the joint declaration shall be filed with the clerks of the respective political subdivisions and shall thereafter become part of this Agreement. Said declaration may be amended or supplemented at any time by the agency heads by filing subsequent declarations with the clerks of the respective political subdivisions. b) Agency or participating law enforcement agency: Either the Bal Harbour Village Police Department or the Village of Key Biscayne Police Department. c) Agency head: Either the Chief of the Bal Harbour Village Police Department, or the Chiefs designees; and the Chief of Police of the Village of Key Biscayne Police Department, or the Chiefs designees. d) Participating municipal police department: The police department of any municipality in Miami -Dade County, Florida, that has approved and executed this Agreement upon the approval of the governing body of the municipality. e) Certified law enforcement employee: Any law enforcement employee certified as provided in Chapter 943, Florida Statutes. 4. Operations: a) In the event that a party to this Agreement is in need of assistance as specified in the applicable joint declaration, an authorized representative of the police department requiring assistance shall notify the agency from whom such assistance is requested. The authorized agency representative whose assistance is sought shall evaluate the situation and his available resources, and will respond in a manner deemed appropriate. b) Each party to this Agreement agrees to furnish necessary manpower, equipment, facilities, and other resources and to render services to the other party as required to assist the requesting party in addressing the situation which caused the request; provided, however, that no party shall be required to deplete unreasonably its own manpower, equipment, facilities, and other resources and services in rendering such assistance. c) The agency heads of the participating law enforcement agencies, or their designees, shall establish procedures for giving control of the mission definition to the requesting agency, and for giving tactical control over accomplishing any such assigned mission and supervisory control over all personnel or equipment provided pursuant to this Agreement to the providing agency. 5. Powers, Privileges, Immunities, and Costs: a) All employees of the participating municipal police department, including certified law enforcement employees as defined in Chapter 943, Florida Statutes, during such time that said employees are actually providing aid outside of the jurisdictional limits of the employing municipality pursuant to a request for aid made in accordance with this Agreement, shall, pursuant to the provisions of Chapter 23, Florida Statutes, have the same powers, duties, rights, privileges, and immunities as if they were performing their duties in the political subdivision in which they are normally employed. b) The political subdivision having financial responsibility for the law enforcement agency providing services, personnel, equipment, or facilities pursuant to the provisions of this Agreement shall bear any loss or damage to same and shall pay any and all expenses incurred in the maintenance and operation of same. c) The political subdivision having financial responsibility for the law enforcement agency providing aid pursuant to this Agreement shall compensate all of its employees rendering aid pursuant to this Agreement, during the time of the rendering of such aid, and shall defray the actual travel and maintenance expenses of such employees while they are 3 rendering such aid. Such compensation shall include any amounts paid or due for compensation due to personal injury or death while such employees are engaged in rendering such aid. Such compensation shall also include all benefits normally due such employees. d) All exemption from ordinance and rules, and all pension, insurance, relief, disability, workers' compensation salary, death, and other benefits which apply to the activity of such officers, agents, or employees of any such agency, when performing their respective functions within the territorial limits of their respective agencies, shall apply to them to the same degree, manner, and extent while engaged in the performance of their functions and duties extraterritorially under the provisions of the Mutual Aid Agreement. The provisions of this Agreement shall apply with equal effect to paid and auxiliary employees. 6. Indemnification: The political subdivision having financial responsibility for the law enforcement agency providing aid pursuant to this Agreement agrees to hold harmless, defend, and indemnify the requesting law enforcement agency and its political subdivision in any suit, action or claim for damages resulting from any and all acts or conduct of employees of said providing agency while providing aid pursuant to this Agreement, subject to Chapter 768, Florida Statutes, where applicable. 7. Forfeitures: It is recognized that during the course of the operationof this Agreement, property subject to forfeiture under the Florida Contraband Forfeiture Act, Florida Statutes, may be seized. The property shall be seized, forfeited, and equitably distributed among the participating agencies in proportion to the amount of investigation and participation performed by each agency. This shall occur pursuant to the provisions of the Florida Contraband Forfeiture Act. 8. Conflicts: Any conflicts between this Agreement and the Florida Mutual Aid Act will be controlled by the provisions of the latter, whenever conditions exist that are within the definitions stated in Chapter 23 Florida Statutes. 9. Effective Date and Duration: This Agreement shall be in effect from date of signing, through and including January 1, 2010. Under no circumstances may this Agreement be renewed, amended or extended except in writing. 10. Cancellation: This Agreement may be canceled by either party upon sixty- (60) days written notice to the other party. Cancellation will be at the discretion of the chief executive officers of the parties hereto. d"' AGREEDED TO AND ACKNOWLEDGED this day of VIII . • e Manager, Harbour Village, Florida ATTEST: Village Clerk, Bal Harbour Village, Florida APPROVED AS TO FORM AND ATTEST: Villag Manager, Village of Key Biscayne, Florida ‘IV 20 0 / icki,N, Clerk, of Key Biscayne, Florida OVED AS TO FORM AND LEGAL SUFFICENCY: " ' GAL SUFFICIENCY: Village Attorney, Bal Harbour Village, Florida ----T2-C---,tecx.e)61tkk_ Village Attorney, Village of Key Biscayne, Florida 5 JOINT DECLARATION OF THE CHIEF OF THE BAL HARBOUR VILLAGE POLICE DEPARTMENT AND THE CHIEF OF THE VILLAGE OF KEY BISCAYNE POLICE DEPARTMENT PURSUANT TO MUTUAL AID AGREEMENT A police officer of either of the participating law enforcement agencies shall be considered to be operating under the provisions of the mutual aid agreement when: • participating in law enforcement activities that are pre -planned and approved by each respective agency head, or • appropriately dispatched in response to a request for assistance from the other law enforcement agency. • spontaneous response where assistance or aid is apparent (see #9 below) In compliance with, and under the authority of, the Mutual Aid Agreement, heretofore entered into by Bal HarbourVillage and the Village of Key Biscayne, Florida, it is hereby declared that the following list comprises the circumstances and conditions under which mutual aid may be requested and rendered regarding police operations pursuant to the agreement. Said list may be amended or supplemented from time to time, as needs dictate by subsequent declarations. 1. Joint multi jurisdictional criminal investigations. 2. Civil affray or disobedience, disturbances, riots, large protest demonstrations, controversial trials, political conventions, labor disputes and strikes. 3. Any natural disaster. 4. Incidents which require rescue operations, 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 detention 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 persons calls. 9. Participating in exigent situations without a formal request which are spontaneous occurrences such as area searches for wanted subjects, perimeters, crimes in progress, excaped prisoners. Traffic stops near municipal boundaries, request for back-up assistance and no local unit is available or nearby, calls or transmissions indicating an officer is injured, calls indicating a crime or incident has occurred in which a citizen may likely be injured and the assisting municipality is closer to the area than the officer receiving the call. 10. Enemy attack. 11. Transportation of evidence requiring security. 12. Major events; e.g., sporting events, concerts, parades, fairs, festivals, and conventions. 13. Security and escort duties for dignitaries. 14. Emergency situations in which one agency cannot perform its functional objective. 15. Incidents requiring utilization of specialized units; e.g., underwater recovery, aircraft, canine, motorcycle, bomb, crime scene, marine patrol, and police information. 16. Joint training in areas of mutual need. DATE: 0 'V 5 °L‘)b om Hunker, Chief Bal Harbour Village Police Department ATTEST: 1,{A.2,4o Village Clerk DATE: I ? ?E-763 Oh Charles Press, Chie Village of Key Biscayne Police Dept. 2 MUTUAL AID AGREEMENT Between Bal Harbour Village and the Village of Key Biscayne Police Departments WHEREAS, it is the responsibility of the governments of Bal Harbour Village, 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, 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 of facilities of the participating municipal police departments; 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 participating Miami -Dade County municipalities; and WHEREAS, the participating Miami -Dade County municipalities have the authority under Chapter 23, Florida Statutes, Florida Mutual Aid Act, to enter into a mutual aid agreement; NOW, THEREFORE, BE IT KNOWN that Bal Harbour Village, subdivision of the State of Florida, and the undersigned representatives, 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: 1. Short title: Mutual Aid Agreement 2. Description: Since this Mutual Aid Agreement provides for the requesting and rendering of assistance for both routine and law enforcement intensive situations, this Mutual Aid Agreement combines the elements of both a voluntary cooperation agreement and a requested operational assistance agreement, as described in Chapter 23, Florida Statutes. 3. Definitions: 1 a) Joint declaration: A document which enumerates the various conditions or situations where aid may be requested or rendered pursuant to this Agreement, as determined by concerned agency heads. Subsequent to execution by the concerned agency heads, the joint declaration shall be filed with the clerks of the respective political subdivisions and shall thereafter become part of this Agreement. Said declaration may be amended or supplemented at any time by the agency heads by filing subsequent declarations with the clerks of the respective political subdivisions. b) Agency or participating law enforcement agency: Either the Bal Harbour Village Police Department or the Village of Key Biscayne Police Department. c) Agency head: Either the Chief of the Bal Harbour Village Police Department, or the Chief's designees; and the Chief of Police of the Village of Key Biscayne Police Department, or the Chief's designees. d) Participating municipal police department: The police department of any municipality in Miami -Dade County, Florida, that has approved and executed this Agreement upon the approval of the governing body of the municipality. e) Certified law enforcement employee: Any law enforcement employee certified as provided in Chapter 943, Florida Statutes. 4. Operations: a) In the event that a party to this Agreement is in need of assistance as specified in the applicable joint declaration, an authorized representative of the police department requiring assistance shall notify the agency from whom such assistance is requested. The authorized agency representative whose assistance is sought shall evaluate the situation and his available resources, and will respond in a manner deemed appropriate. b) Each party to this Agreement agrees to furnish necessary manpower, equipment, facilities, and other resources and to render services to the other party as required to assist the requesting party in addressing the situation which caused the request; provided, however, that no party shall be required to deplete unreasonably its own manpower, equipment, facilities, and other resources and services in rendering such assistance. c) The agency heads of the participating law enforcement agencies, or their designees, shall establish procedures for giving control of the mission definition to the requesting agency, and for giving tactical control over accomplishing any such assigned mission and supervisory control over all personnel or equipment provided pursuant to this Agreement to the providing agency. 5. Powers, Privileges, Immunities, and Costs: a) All employees of the participating municipal police department, including certified law enforcement employees as defined in Chapter 943, Florida Statutes, during such time that said employees are actually providing aid outside of the jurisdictional limits of the employing municipality pursuant to a request for aid made in accordance with this Agreement, shall, pursuant to the provisions of Chapter 23, Florida Statutes, have the same powers, duties, rights, privileges, and immunities as if they were performing their duties in the political subdivision in which they are normally employed. b) The political subdivision having financial responsibility for the law enforcement agency providing services, personnel, equipment, or facilities pursuant to the provisions of this Agreement shall bear any loss or damage to same and shall pay any and all expenses incurred in the maintenance and operation of same. c) The political subdivision having financial responsibility for the law enforcement agency providing aid pursuant to this Agreement shall compensate all of its employees rendering aid pursuant to this Agreement, 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. Such compensation shall include any amounts paid or due for compensation due to personal injury or death while such employees are engaged in rendering such aid. Such compensation shall also include all benefits normally due such employees. d) All exemption from ordinance and rules, and all pension, insurance, relief, disability, workers' compensation salary, death, and other benefits which apply to the activity of such officers, agents, or employees of any such agency, when performing their respective functions within the territorial limits of their respective agencies, shall apply to them to the same degree, manner, and extent while engaged in the performance of their functions and duties extraterritorially under the provisions of the Mutual Aid Agreement. The provisions of this Agreement shall apply with equal effect to paid and auxiliary employees. 6. Indemnification: The political subdivision having financial responsibility for the law enforcement agency providing aid pursuant to this Agreement agrees to hold harmless, defend, and indemnify the requesting law enforcement agency and its political subdivision in any suit, action or claim for damages resulting from any and all acts or conduct of employees of said providing agency while providing aid pursuant to this Agreement, subject to Chapter 768, Florida Statutes, where applicable. 7. Forfeitures: It is recognized that during the course of the operationof this Agreement, property subject to forfeiture under the Florida Contraband Forfeiture Act, Florida Statutes, may be seized. The property shall be seized, forfeited, and equitably distributed among the participating agencies in proportion to the amount of investigation and participation performed by each agency. This shall occur pursuant to the provisions of the Florida Contraband Forfeiture Act. 8. Conflicts: 4 Any conflicts between this Agreement and the Florida Mutual Aid Act will be controlled by the provisions of the latter, whenever conditions exist that are within the definitions stated in Chapter 23 Florida Statutes. 9. Effective Date and Duration: This Agreement shall be in effect from date of signing, through and including January 1, 2010. Under no circumstances may this Agreement be renewed, amended or extended except in writing. 10. Cancellation: This Agreement may be canceled by either party upon sixty- (60) days written notice to the other party. Cancellation will be at the discretion of the chief executive officers of the parties hereto. AGREEDED TO AND ACK Vi age . nager, Ba bour Village, Florida ATTEST: ATTEST: (1.84--- LEDGED this I day of 0 #14-- Village Clerk, Bal Harbour Village, Florida APPROVED AS TO FORM AND LEGAL SUFFICENCY: Village manager, Village of Key Biscayne, F Village Clerk, Village of Key Biscayne, Florida APPROVED AS TO FORM AND LEGAL SUFFICIENCY: GlAoL_C\&tk Village Attorney, Village Attorney, Bal Harbour Village, Florida Village of Key Biscayne, Florida AS 5 JOINT DECLARATION OF THE CHIEF OF THE BAL HARBOUR VILLAGE POLICE DEPARTMENT AND THE CHIEF OF THE VILLAGE OF KEY BISCAYNE POLICE DEPARTMENT PURSUANT TO MUTUAL AID AGREEMENT A police officer of either of the participating law enforcement agencies shall be considered to be operating under the provisions of the mutual aid agreement when: • participating in law enforcement activities that are pre -planned and approved by each respective agency head, or • appropriately dispatched in response to a request for assistance from the other law enforcement agency. • spontaneous response where assistance or aid is apparent (see #9 below) In compliance with, and under the authority of, the Mutual Aid Agreement, heretofore entered into by Bal HarbourVillage and the Village of Key Biscayne, Florida, it is hereby declared that the following list comprises the circumstances and conditions under which mutual aid may be requested and rendered regarding police operations pursuant to the agreement. Said list may be amended or supplemented from time to time, as needs dictate by subsequent declarations. 1. Joint multi -jurisdictional criminal investigations. 2. Civil affray or disobedience, disturbances, riots, large protest demonstrations, controversial trials, political conventions, labor disputes and strikes. 3. Any natural disaster. 4. Incidents which require rescue operations, 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 detention 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 persons calls. 9. Participating in exigent situations without a formal request which are spontaneous occurrences such as area searches for wanted subjects, perimeters, crimes in progress, excaped prisoners. Traffic stops near municipal boundaries, request for back-up assistance and no local unit is available or nearby, calls or transmissions indicating an officer is injured, calls indicating a crime or incident has occurred in which a citizen may likely be injured and the assisting municipality is closer to the area than the officer receiving the call. 10. Enemy attack. 11. Transportation of evidence requiring security. 12. Major events; e.g., sporting events, concerts, parades, fairs, festivals, and conventions. 13. Security and escort duties for dignitaries. 14. Emergency situations in which one agency cannot perform its functional objective. 15. Incidents requiring utilization of specialized units; e.g., underwater recovery, aircraft, canine, motorcycle, bomb, crime scene, marine patrol, and police information. 16. Joint training in areas of mutual need. DATE: ° Cr(4111C- ii( ri DATE: 17 e --6d ac„b,en?,„ • m Hunker, Chief Bal Harbour Village Police Department Village of Key Biscayne Police Dept. ATTEST: Village Clerk Charles Press, Chief Village Clerk 2 Tom Hunker Chief of Police An Accredited Law Enforcement Agency August 24, 2004 Chief Charles Press Key Biscayne Police Department 88 West McIntyre Street Key Biscayne, Florida 33149 Dear Chief Press: Enclosed please find two copies of a Mutual Aid Agreement between our Departments. Chief Hunker asked that I forward these to you for appropriate signatures. This item will appear on our September 21st Council Agenda for ratification. Please return them to me when they are signed and I will get our signatures and send you an executed original. Please call me if you have any questions. Yours truly, Jay R. Smith Captain Enclosures 655 Ninety -Sixth Street • Bal Harbour, Florida 33154 • 305-866-5000 • Fax 305-993-5163