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2001-24487 RESO RESOLUTION NO. 2001-24487 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 VILLAGE OF MIAMI SHORES, FLORIDA, FOR THE PURPOSE OF COORDINATING LAW ENFORCEMENT PLANNING, OPERATIONS, AND MUTUAL AID BENEFIT BETWEEN THE CITY OF MIAMI BEACH AND VILLAGE OF MIAMI SHORES. WHEREAS, it is the responsibility of the respective governments of the City of Miami Beach and Village of Miami Shores, 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 Village of Miami Shores 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 Village of Miami Shores; and WHEREAS, the City of Miami Beach and Village of Miami Shores 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 Village of Miami Shores, Florida, for the purpose of coordinating law enforcement planning, operations, and mutual aid benefits between City of Miami Beach and Village of Miami Shores. PASSED and ADOPTED this 27th day of June ~oo~J MAYOR ATTEST: .{L; ~d' f ~ CITY CLERK APPROVED AS TO FORM & LANGUAGe & FOR EXEcunoN 11jl;~ (,-/f-f(j ~ -- F:\POLI\TECHSERV\POUCIESICOM_ RESO\mutual aid agreement village of miami shores.res,wpd CITY OF MIAMI BEACH CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139 http:\\ci.miami-beach.f1.us COMMISSION MEMORANDUM NO. t-I06~()1 TO: FROM: Mayor Neisen O. Kasdin and Members ofthe City Commission Jorge M. Gonzalez ~v City Manager ~ DATE: June 27, 2001 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 VILLAGE OF MIAMI SHORES, FLORIDA, FOR THE PURPOSE OF COORDINATING LAW ENFORCEMENT PLANNING, OPERATIONS, AND MUTUAL AID BENEFIT BETWEEN THE CITY OF MIAMI BEACH AND VILLAGE OF MIAMI SHORES. ADMINISTRATION RECOMMENDATION Adopt the Resolution. ANALYSIS The City of Miami Beach and the Village of Miami Shores, 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 Miami Shores Police Department, believe that it is beneficial for each to participate in a Mutual Aid Agreement as authorized by Chapter 23, Florida Statutes. This Agreement will take effect when it is signed and will expire on January 1,2005. It is recommended that the Mayor and City Commission adopt this Resolution and authorize the signing of the Mutual Aid Agreement. JMG:m:DD:PS:MMS M:\$CMB\TEMP\MUTUAL-l.WPD AGENDA ITEM G7S &-27-0/ DATE OPERATIONAL ASSISTANCE MUTUAL AID AGREEMENT WITNESSETH WHEREAS, THE SUBSCRIBING 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 OF LAW ENFORCEMENT SERVICES AND RESOURCES TO ADEQUATELY RESPOND TO INTENSIVE SITUATIONS, INCLUDING, BUT NOT LIMITED TO, NATURAL OR MANMADE DISASTERS OR EMERGENCIES AS DEFINED UNDER SECTION 252.34, FLORIDA STATUTES; AND, WHEREAS, THE MIAMI SHORES POLICE DEPARTMENT AND THE MIAMI BEACH POLICE DEPARTMENT 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 SERVICE WHICH PROVIDES FOR RENDERING OF ASSISTANCE IN A LAW ENFORCEMENT EMERGENCY. NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS: SECTION I: PROVISIONS 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: 1) PARTICIPATING IN LAW ENFORCEMENT ACTMTIES THAT ARE PREPLANNED AND APPROVED BY EACH RESPECTIVE AGENCY HEAD OR HISIHER DESIGNEE, 2) APPROPRIATELY DISPATCHED IN RESPONSE TO A REQUEST FOR, ASSISTANCE FROM THE OTHER LAW ENFORCEMENT AGENCY, 3) JOINT MULTI-JURISDICTIONAL CRIMINAL INVESTIGATIONS, 4) CIVIL DISTURBANCES, DISOBEDIENCE, RIOTS, LARGE PROTEST DEMONSTRATIONS, LABOR DISPUTES, CONTROVERSIAL TRIALS, POLITICAL CONVENTIONS, AND STRIKES, Page 1 of7 02/27/01 5) ANY NATURE DISASTER INCLUDING, BUT NOT LIMITED TO HURRICANES, TORNADOES, FLOODING, OR WILDFIRES, 6) INCIDENTS WHICH REQUIRE RESCUE OPERATIONS, TRAFFIC CONTROL, AND CROWD CONTROL INCLUDING, BUT NOT LIMITED TO EVACUATIONS, AIRCRAFT DISASTERS, FIRES, EXPLOSIONS, GAS LINE LEAKS, RADIOACTIVE EMERGENCIES, TRAIL DERAILMENTS AND WRECKS, CHEMICAL OR HAZARDOUS WASTE SPILLS, OR WIDE SPREAD POWER DISRUPTIONS, 7) TERRORIST ACTIVITIES INCLUDING ACTS OF SABOTAGE, 8) ESCAPES FROM OR DISTURBANCES WITHIN DETENTION FACILITIES, 9) CONTROL OF MAJOR CRIME SCENES, AREA SEARCHES, PERIMETER CONTROL, BACKUPS TO EMERGENCY AND IN-PROGRESS CALLS, PURSUITS AND MISSING PERSON CALLS, 10) ENEMY ATTACKS, 11) TRANSPORTATION OF EVIDENCE REQUIRING SECURITY, 12) MAJOR 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) JOINT TRAINING IN AREAS OF MUTUAL NEED, 16) AND INCIDENTS REQUIRING UTILIZATION OF SPECIALIZED UNITS (Such as bomb disposal units, K-9 units or special weapons and tactics units). FURTHER, IN RECOGNITION FOR THE NEED FOR COOPERATION IN THE PATROL OF THE WATERWAYS WITHIN THE JURISDICTIONAL BOUNDARIES OF EACH PARTICIPATING AGENCY, THE FOLLOWING DECLARATIONS ARE AGREED UPON: 1) THAT EACH JURISDICTION EXTENDS TO THE OTHER THE RIGHT TO PATROL AND CONDUCT ENFORCEMENT ACTIVITIES IN THEIR RESPECTIVE WATERWAYS. Page 2 of7 02/27/01 SECTION II: PROCEDURE FOR REQUESTING ASSISTANCE IN THE EVENT THAT A PARTY TO TillS AGREEMENT IS IN NEED OF ASSISTANCE AS SET FORTH ABOVE, AN AUTHORIZED REPRESENTATIVE OF THE AGENCY REQUESTING ASSISTANCE SHALL NOTIFY THE AGENCY HEAD OR illSIHER 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 illS/HER SUPERVISORS IF NECESSARY AND WILL RESPOND IN A MANNER HE/SHE DEEMS APPROPRIATE. THE AGENCY HEAD IN WHOSE JURISDICTION ASSISTANCE IS BEING RENDERED MAY DETERMINE WHO IS AUTHORIZED TO LEND ASSISTANCE IN illS/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 WRITING AS THE PARTICULAR SITUATION DICTATES. THE AGENCY HEAD'S DECISION IN THESE MATIERS SHALL BE FINAL. SECTION III: 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 OR OTHER EMPLOYEE IS RENDERING ASSISTANCE PURSUANT TO TillS AGREEMENT, THE OFFICER OR EMPLOYEE SHALL ABIDE BY AND BE SUBJECT TO THE RULES AND REGULATIONS, PERSONNEL POLICIES, GENERAL ORDERS AND STANDARD OPERATING PROCEDURES OF illS/HER OWN 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 SUPERCEDE THE DIRECT ORDER. Page 3 of7 02/27/01 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 FOR THE DOCUMENTATION OF SAID COMPLAINT TO ASCERTAIN AT A MINIMUM: 1) THE IDENTITY OF THE COMPLAINANT. 2) AN ADDRESS WHERE THE COMPLAINING PARTY CAN BE CONTACTED. 3) THE SPECIFIC ALLEGATION. 4) THE IDENTITY OF THE EMPLOYEE (S) 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 IV: LIABILITY EACH PARTY ENGAGING IN ANY MUTUAL COOPERATION OR ASSISTANCE, PURSUANT TO THIS AGREEMENT, AGREES TO ASSUME RESPONSIBILITIES FOR THE ACTS, OMISSIONS, OR CONDUCT OF SUCH PARTY'S OWN EMPLOYEES WHILE ENGAGED IN RENDERING SUCH AID PURSUANT TO THIS AGREEMENT, SUBJECT TO THE PROVISIONS OF SECTION 768.28, FLORIDA STATUTES, WHERE APPLICABLE. SECTION V: POWERS, PRIVILEGES, IMMUNITIES AND COSTS a) EMPLOYEES OF THE MIAMI SHORES POLICE DEPARTMENT AND THE MIAMI BEACH POLICE DEPARTMENT WHEN ACTUALLY ENGAGING IN MUTUAL COOPERATION AND ASSISTANCE OUTSIDE THEIR JURISDICTIONAL LIMITS BUT INSIDE THIS STATE, UNDER THE TERMS OF THIS AGREEMENT, SHALL, PURSUANT TO THE PROVISIONS 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 EMPLOYEE'S POLITICAL SUBDIVISION IN WHICH NORMALLY EMPLOYED. Page 4 of7 02/27/01 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 MUTUAL AID, AS DETERMINED BY THE FURNISHING PARTY. c) AS BETWEEN THE PARTIES HERETO, THE POLITICAL SUBDIVISION THAT FURNISHES EQUIPMENT PURSUANT TO THIS AGREEMENT SHALL 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) AS BETWEEN THE PARTIES HERETO, THE AGENCY FURNISHING AID PURSUANT TO THIS AGREEMENT SHALL BE RESPONSffiLE TO COMPENSATE ITS OFFICER (S) I EMPLOYEE (S) DURING THE TIME SUCH AID IS RENDERED 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 PERSONNEL INJURY OR DEATH WHILE SUCH EMPLOYEES ARE ENGAGED IN RENDERING SUCH AID, TO THE SAME DEGREE, MANNER AND EXTENT AS IF THE OFFICER(S)/EMPLOYEE(S) WHERE ENGAGED IN THE PERFORMANCE OF DUTIES WITHIN THEIR RESPECTIVE JURISDICTIONS. e) THE PRIVILEGES AND IMMUNITIES FROM LIABILITY, EXEMPTION FROM LAWS, ORDINANCES AND RULES, AND ALL PENSION, INSURANCE, RELIEF, DISABILITY, WORKERS' COMPENSATION, SALARY, DEATH AND OTHER BENEFITS THAT APPLY TO THE ACTMTY OF AN EMPLOYEE OF AN AGENCY WHEN PERFORMING THE EMPLOYEE'S DUTIES WITHIN THE TERRITORIAL LIMITS OF THE EMPLOYEE'S AGENCY APPLY TO THE EMPLOYEE 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. h) THIS AGREEMENT CREATES NO RIGHTS OR BENEFITS IN FAVOR OF ANY THIRD PARTIES AND THERE ARE NO INTENDED THIRD PARTY BENEFICIARIES WITH REGARD TO THE PROVISION HEREOF. Page 5 of7 02/27/01 SECTION VI: LIABILITY INSURANCE EACH PARTY SHALL PROVIDE SATISFACTORY PROOF OF LIABILITY INSURANCE OR SELF INSURANCE BY ONE OR MORE OF THE MEANS SPECIFIED IN SECTION 768.28(15)(a), FLORIDA STATUTES, IN AN AMOUNT WHICH IS, IN THE JUDGEMENT OF THE GOVERNING BODY OF THAT PARTY, AT LEAST ADEQUATE TO COVER THE RISK TO WHICH THAT PARTY MAY BE EXPOSED, SHOULD INSURANCE COVERAGE, HOWEVER PROVIDED, OF ANY PARTY BE 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 VII: FORFEITURE PROVISIONS a) IN THE EVENT THAT 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 OPERATIONAL 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 THE 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 NOT 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 EQUALLY BETWEEN THE PARTIES, LESS THE COSTS ASSOCIATED WITH THE FORFEITURE ACTION. SECTION Vill: EFFECTIVE 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 01.2005 . UNDER NO CIRCUMSTANCES MAY THIS AGREEMENT BE RENEWED, AMENDED, OR EXTENDED EXCEPT IN WRITING. Page 6 of7 02127/01 . " SECTION IX: CANCELLATION ANY PARTY MAY CANCEL ITS PARTICIPATION IN TillS AGREEMENT UPON THIRTY (30) DAYS WRITTEN NOTICE TO THE OTHER PARTY OR PARTIES. CANCELLATIONS WILL BE AT THE DISCRETION OF ANY SUBSCRIBING PARTY. IN WITNESS WHEREOF, THE PARTIES HERETO CAUSE THESE PRESENTS TO BE SIGNED ON THE DATE SPECIFIED. --r:-~ Name: TO\'l\~b ~~ Name: Neisen Kasdin Title: Title: Mayor Organization: .mIOMI <'SMreS Date: ::)~'~J 0 I Organization: City of Miami Beach Date: ~ Ii 5) ;}-<)o I ATTEST: ATTEST: IJuba ~ I City Clerk, Village of i~ores, Florida ~cr P a-~ City Clerk, City ofMiarni Beach, Florida Robert Parcher APPROVED AS TO FORM AND LEGAL SUFFICIENCY: APPROVED AS TO FORM AND LEGAL SUFFICIE CY: APPROVED AS TO Filing the agreement: Section 23.1225(4). Florida Statutes, requires thefi;M&~Of.tAiejigned mutual aid agreement with FDLE within 14 days after signature. Filing may be accom 1~'1~tJIlI~ to FDLE, P.O. Box 1489, Tallahassee, FI32302, Attention: Mutual Aid, or Fax to 904-488-1 l5'o~"-' Page 7 of7 6-( f'-O ( - 02/27/01