Loading...
2001-24460 RESO RESOLUTION NO, 2001-24460 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AUTHORIZING,THE MAYOR AND THE CITY CLERK TO EXECUTE, ON BEHALF OF THE CITY OF MIAMI BEACH, A MUTUAL AID AGREEMENT WITH CITY OF FLORIDA CITY, FLORIDA, FOR THE PURPOSE OF COORDINATING LAW ENFORCEMENT PLANNING, OPERATIONS, AND MUTUAL AID BENEFIT BETWEEN THE CITY OF MIAMI BEACH AND CITY OF FLORIDA CITY, WHEREAS, it is the responsibility of the respective governments of the City of Miami Beach and City of Florida City, Florida to ensure the public safety of their citizens by providing adequate levels of police service 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 services, personnel, equipment, or facilities of the City of Miami Beach Police Department or the City of Florida City Police Department; and WHEREAS, in order to ensure the 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 City of Miami Beach and City of Florida City; and WHEREAS, the City of Miami Beach and City of Florida City have the authority under Chapter 23, Florida Statutes, "Florida Mutual Aid Act," to enter into the attached Mutual Aid Agreement. NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Clerk are authorized to execute the attached Mutual Aid Agreement with City of Florida City, Florida, for the purpose of coordinating law enforcement planning, operations, and mutual aid benefits between City of Miami Beach and City of Florida City, PASSED and ADOPTED this ~ day of June '200~ ~'" ,f'. 1,,' --MAYOR ATTEST:~ r6U~ ~ERK APPROVED AltO FORM. LANGUAGI & FOR EXECUTION F:\POLl\TECHSERV\POLlClES\COM_RESO\mutual aid agrtement fla city_res:wpd ~ $'-jJ.-(J( f\!r ~'\,. CITY OF MIAMI BEACH CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139 http:\\ci.miami-beach.fI.us COMMISSION MEMORANDUM NO. 87;1-01 TO: Mayor Neisen O. Kasdin and Members of tbe City Commission DATE: June 6, 2001 FROM: Jorge M. Gonzalez \tN'r City Manager 0 0 SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AUTHORIZING THE MAYOR AND THE CITY CLERK TO EXECUTE, ON BEHALF OF THE CITY OF MIAMI BEACH, A MUTUAL AID AGREEMENT WITH THE CITY OF FLORIDA CITY, FLORIDA, FOR THE PURPOSE OF COORDINATING LAW ENFORCEMENT PLANNING, OPERA nONS, AND MUTUAL AID BENEFIT BETWEEN THE CITY OF MIAMI BEACH AND CITY OF FLORIDA CITY. ADMINISTRATION RECOMMENDATION Adopt the Resolution, ANALYSIS The City of Miami Beach and the City of Florida City, because of the existing and continuing possibility of the occurrence of law enforcement problems and other natural and manmade conditions which are or are likely to be beyond the control, personnel, equipment or facilities of the Miami Beach Police Department or the Florida City Police Department believe that it is beneficial for each to participate in a Mutual Aid Agreement as authorized by Chapter 23, Florida Statues, The current Mutual Aid Agreement between the City and the City of Florida City has expired, This is a renewal of an agreement that has been in existence since 1990. This Agreement will take effect when it is signed and will expire on January 1,2006. It is recommended that the Mayor and City Commission adopt this Resolution and authorize the signing of the Mutual Aid Agreement. ~~5 JMG:RRB:~PS:MMS F:\POLI\TECHSERV\POLICIES\COM_MEMO\mutual aid agreement fla city.mem.wpd Agenda Item C 7/'1 Date t -b-tJ/ 173 Office of the Police Chief POLICE Commissioner Eugene D. Berry Commissioner R.S. Shiver Commissioner Juanita Smith Mayor Otis T. Wallace Vice Mayor Tommy Dorsett Ponce Chief Marc Elias Jr. JOINT DECLARATION OF THE CHIEF OF THE CITY OF FLORIDA CITY POLICE DEPARTMENT AND THE CHIEF OF THE CITY OF MIAMI BEACH POLICE DEPARTMENT PURSUANT TO THE MUTUAL AID ACT An agent or 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 preplanned and approved by each respective agency head or appropriately dispatched in response to a request for assistance from the other law enforcement agency. In compliance with and under the authority of the Mutual Aid Agreement heretofore entered into by the City of Florida City and the City of Miami Beach, 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 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 dispute~ 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 disasters, fires, explosions, gas line leaks, radiological incidents, train wrecks and derailments, chemical or hazardous waste spills and electrical power failures. P.O. Box 343569 Florida City, Florida 33034-0569 (305) 247-8223 . Fax (305) 245-5001 "Police and Community - A Partnership In Progress" 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 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, motorcycle, bomb, crime scene, marine patrol and police information. 15. Joint training in areas of mutual need. 16. Joint multijurisdictional marine and air interdiction operations. DATE:~ )~~ Richard Barre 0, Chief City of Miami Beach Police Department DATE C-r3-o/ ATTEST ATTEST ?J,^ O;~ fruJ City Clerk ' 1~6f~ City Clerk , MUTUAL AID AGREEMENT Between City of Florida City Police Department and Participating Municipal Police Departments WHEREAS, it is the responsibility of the governments of the City of Florida City, 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 facilities of the City of Florida City 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 City of Florida City and the participating Dade County municipalities; and WHEREAS, the City of Florida City and the participating Dade County municipalities have the authority under Chapter 23, Florida Statutes, (1993), the Florida Mutual Aid Act, to enter into a mutual aid agreement; NOW THEREFORE, BE IT KNOWN that the City of Florida City, a political 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 (1993). 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 City of Florida City Police Department or the participating municipal police department. c. Agency Head: Either the Chief of the City of Florida City Police Department, or the Chiefs designees; and the Chief of Police of the participating municipal police department, or the Chiefs 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 municipality. e. Certified law enforcement employee: Any law enforcement employee certified as provided in Chapter 943, Florida Statutes (1993). , 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 dafinition 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, (1993), 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, (1993), 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 !:lnd 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 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 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, (1993), 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, (1993), 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 (1993). 9. Effective Date and Duration: This Agreement shall be in effect from date of signing, through and including, January 1, 2006. 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 this 121E- day of Ju I'\U- 2001 (Q~ TILiL Otis T.. allace, Mayor City of Florida City, Florida ATTEST: S~ fcuJ City Clerk, City of Florida City, Florida APPROVED AS TO FORM AND LEGAL SUFFICIENCY: ~ Neisen Kasdin, Mayor City of Miami Beach, Florida ~~~ Richard Barreto, Chief City of Miami Beach Police Department ATTEST: _~r p~ City Clerk, City of Miami Beach, Florida APPROVED AS TO FORM AND LEGAL SUFFICIENCY: ~ JrU~ City Attorney, City of Miami Beach, Florida