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HomeMy Public PortalAbout1993-27 Mutual Aid Agreement with City of Miami PoliceVILLAGE TT RESOLUTION NO. 93-27 A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; AUTHORIZING THE VILLAGE MANAGER TO EXECUTE THE ATTACHED AGREEMENT ON BEHALF OF THE VILLAGE WITH THE CITY OF MIAMI, FLORIDA FOR POLICE MUTUAL AID; AND PROVIDING FOR AN EFFECTIVE DATE. BE IT RESOLVED BY THE VILLAGE COUNCIL OF KEY BISCAYNE, FLORIDA, AS FOLLOWS: SECTION 1. The Village Manager, or his designee, is hereby authorized to execute the attached agreement on behalf of the Village with the City of Miami, Florida for police mutual aid. SECTION 2. This resolution shall take effect immediately upon adoption. PASSED AND ADOPTED this 28th day of May , 1993. Ar\I r MAYOR • :. FAEL CONTE ATTEST: VILLAGE CLERK APPROVED AS TO FORM AND LEGAL SUFFICIENCY 0 E .; MUTUAL AID AGREEMENT Between Metropolitan Dade County and Participating Municipal Police Departments Whereas, it is the responsibility of the governments of Metropolitan Dade County, Florida and the participating Dade County municipalities 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, or facil- ities of the Metro -Dade Police Department or 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 County of Dade and the participating Dade County municipalities; and Whereas, Metropolitan Dade County municipalities Florida Statutes, Florida mutual aid agreement; NOW, THEREFORE, BE IT subdivision of the State Dade County and the participating have the authority under Chapter 23, Mutual Aid Act, to enter into a KNOWN that Dade County, a political 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 volun- tary cooperation agreement and a requested operational assistance agreement, as described in Chapter 23, Florida Statutes. 3. Definitions: 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 Metro -Dade Police Department or the partici- pating municipal police department. 2 c. Agency head: Either the Director of the Metro -Dade Police Department, or the Director's designees; and the Chief of Police of the participating municipal police department, or the Chief's designees. d. Participating municipal police department: The police department of any municipality in Dade County, Florida, that has approved and executed this Agreement upon the approval of the governing body of that munici- pality. e. Certified law enforcement employee: Any law en- forcement 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, 3 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 respon- sibility for the law enforcement agency providing services, personnel, equipment, or facilities pursuant 4 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 respon- sibility 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 extraterri- torially under the provisions of this 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 enforce- ment 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 operation of 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 provi- sions of the latter, whenever conditions exist that are within the definitions stated in Chapter 23, Florida Sta- tutes. 9. Effective Date and Duration: This Agreement shall be in effect from date of signing, through and including, January 1, 1995. Under no circumstances may this Agreement be renewed, amended, or extended except in writing. 10. Cancellation: This Agreement may be cancelled 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. AGREED TO AND ACKNOWLEDGED thi V' 4 - Village Manage , Vi, Key Biscayne, Flor*d ATTEST: y , 1993. age of / County Manager, Florida Village Clerk, Village of Key Biscayne, Florida ATTEST: Dade County, f1 • i F / - • •' 'II p 14%-s# 1446 21ZW0111;;" Fl rk, Dade County, APPROVED AS TO FORM AND LEGAL APPROVED AS TO FORM AND LEGAL SUFFICIENCY: SUFFICIENCY: cA10_11—ell Ctrmely� Vilage Attorney, Village of County Attorney, Dade County, Key Biscayne, Florida Florida JOINT DECLARATION OF THE DIRECTOR OF THE METRO-DADE POLICE DEPARTMENT AND THE CHIEF OF THE VILLAGE OF KEY BISCAYNE POLICE DEPARTMENT PURSUANT TO MUTUAL AID AGREEMENT. A deputy sheriff or police officer of either of the parti- cipating 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 preplanned and approved by each respective agency head, or appropriately dispatched in response to a request for assistance from the other law enforcement agency. It shall be the responsibility of the requesting agency to provide equipment or a method for assisting responding agency personnel to maintain radio communication with requesting agency personnel; e.g., handheld radios with agency frequency, two officer units with an officer from each respective juris- diction. Radio communication in a mutual aid situation is initiated on the Police Emergency Channel, which is available to all police jurisdictions in Florida. Subsequent frequency assignments may occur, within equipment capabilities, as the situation dictates. In compliance with and under the authority of the Mutual Aid. Agreement heretofore entered into by The Village of Key Biscayne and Dade County, 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 multijurisdictional 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 and crowd and traffic control measures including, but not limited to, large-scale evacuations, aircraft and shipping dis- asters, 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 facili- ties. 7. Hostage and barricaded subject situations, and aircraft piracy. 8. Control of major crime scenes, area searches, perimeter control, back-ups to emergency and in -progress calls, pursuits, and missing person calls. 9. Enemy attack. 10. Transportation of evidence requiring security. 11. Major events; e.g., sporting events, concerts, parades, fairs, festivals, and conventions. 12. Security and escort duties for dignitaries. 13. Emergency situations in which one agency cannot perform its functional objective. 14. Incidents requiring utilization of specialized units; e.g., underwater recovery, aircraft, canine, motor- cycle, bomb, crime scene, marine patrol, and police information. 15. Joint training in areas of mutual need. 16. Incidents requiring mass processing of arrestees, transporting prisoners, and operating temporary detention facilities, which will be handled per established procedures of the agency requesting assistance. mow mil ,-------- DATE:c� - .�. 4 TE : 43/9/1 "` , Fred Tayl r, Director Michael Flaherty, Chief Metro -Dade Police Department Village of Key Biscayne Police Department ATTEST Cou�tw Clerk t Villag- Clerk