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,
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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