RESOLUTION 91-20273 RESOLUTION NO. 91-20273
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF MIAMI BEACH AUTHORIZING THE MAYOR AND
THE CITY CLERK TO EXECUTE A MUTUAL AID
AGREEMENT BETWEEN THE CITY OF MIAMI BEACH AND
THE TOWN OF SURFSIDE, FLORIDA, AND AUTHORIZING
THE POLICE CHIEF OF THE CITY OF MIAMI BEACH TO
EXECUTE A JOINT DECLARATION
WHEREAS, the City of Miami Beach desires to enter into an
agreement with the Town of Surfside, Florida for the purposes of
coordinating law enforcement planning, operations and mutual aid
between the City and Surfside; and
WHEREAS, the City Manager has recommended the Agreement and
the City Attorney has approved it as to form.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Clerk are
hereby authorized to execute the attached Mutual Aid Agreement
between the City of Miami Beach and the Town of Surfside, Florida,
and the Police Chief is hereby authorized to execute the Joint
Declaration which is attached hereto.
PASSED AND ADOPTED this 10th day of April 1991.
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ATTEST:
FORM APPROVED
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MUTUAL AID AGREEMENT
Between the Town of Surfside Police Department
and the City of Miami Beach
WHEREAS, it is the responsibility of the governments of the Town of
Surfside, Florida and the City of Miami Beach, 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
occurence 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 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 Dade County municipalities;
and
WHEREAS, the participating 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 the Town of Surfside, 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 the 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.
1
3. Definitions:
a. Joint declaration: A document which enumerates the: various
conditions of 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 declaration with the clerks of the respective
political subdivisions.
b. Agency or participating law enforcement agency:
Either the Surfside Police Department or the participating
municipal police department.
c. Agency head: Either the Chief of the Surf side Police Department,
or the Chief'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 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 who 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 unreasonable its own manpower, equipment, facilities,
and other resources and services in rendering such assistance.
2
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 provisiions 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 for 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 this Mutual Aid Agreement. The
provisions of this Agreement shall apply with equal effect
to paid and auxiliary employees.
3
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
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 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, 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 AND ACKNOWLEDGED this
day of _AJ,
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Town anager, Town of Ma or City of
Surfside, Florida Miami Be=ch, Florida
ATTE T: ATTEST:
Ci 4414114i
To Cl. , :wn o City Clerk, City of
(////,/ci
Sur sid•,- F ►., ida Miami Beach, Florida
APPROVED AS TO FORM AND APPROVED AS TO FORM AND
LEGAL ;.U F4 C I ENCY: LEGAL SUFFICIENCY:
To - 1 tforney, Town of ity Attorney, City of
Surfside, Florida Miami Beach, Florida
JOINT DECLARATION OF THE CHIEF OF THE CITY OF
MIAMI BEACH POLICE DEPARTMENT AND THE CHIEF OF THE
TOWN OF SURFSIDE POLICE DEPARTMENT PURSUANT TO
MUTUAL AID AGREEMENT
A deputy sheriff 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
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 the City of Miami Beach,
Florida and the Town of Surfside, 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 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.
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, escaped
prisoners. Traffic stops near municipal boundaries, request
for a "15" 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: � Iki DATE. .2/49/9/
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Phillip Huber, ` ief Terrill Williamson, Chief
City of Miami :each, Florida Town of Surfside, Florida
ATTEST: ATTEST:
/ A�, �L� _ . wy-c\AA,_ , riff
City of Miami Beach Clerk Town of rf de Clerk
City Clerk
ORIGINAL
RESOLUTION NO. 91-20273
Authorizing the Mayor and the City Clerk
to execute a mutual aid agreement between
the City of Miami Beach and the Town of
Surfside, Florida, and authorizing the
Police Chief of the City of Miami Beach
to execute a Joint Declaration.