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RESOLUTION 91-20279 RESOLUTION NO. 91-20279 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 BAY HARBOR ISLAND, 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 Bay Harbor Island for the purpose of coordinating law enforcement planning, operations and mutual aid between the City and the Town of Bay Harbor Island; and WHEREAS, the C ."y Manager has recommended the Agreement and the City Attorney has approved it as to form. NOW THEREFORE, BE IT TRULY 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 Bay Harbor Island, Florida, and the Police Chief is hereby authorized to execute the Joint Declaration which is attached hereto. PASSED and ADOPTED this 24th day of April , 1991. 47 MAYOR ATTEST: o FORM APPROVED LEGAL DEPT. CITY CLERK y MYS/pb '//0/ Date eiey, cam &ad FLORIDA 3 3 1 3 9 " ramp)• 'l I( I /I(). /,,,1 \•/I) 1 S I OF-FILE OF THE CITY MANAGER CITY HALL 1700 CONVENTION CENTER nfIVE TEL.FPF ZONE: 673-7010 "f- J COMMISSION MEMORANDUM NO. --_ /--_-----.- April 24, 1991 DATE: TO: Mayor Alex Daoud and Members of the City Commission FROM: Carla Bernabei Talarico 41. City Manager SUBJECT: MUTUAL AID AGREEMENT BETWEEN THE CITY OF MIAMI BEACH AND THE TOWN OF BAY HARBOR ISLAND The City of Miami Beach and the Town of Bay Harbor Island, 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, personnel, equipment or facilities of participating municipal police departments, believe that it is beneficial for each to participate in a mutual aid agreement as authorized by Chapter 23 , Florida Statutes. ADMINISTRATION RECOMMENDATION The attached Mutual Aid Agreement between the City of Miami Beach and the Town of Bay Harbor Island is ready for Commission review, and the Administration recommends that the City Commission approve the Agreement, thereby allowing the City of Miami Beach to continue to participate with the Town of Bay Harbor Island in the use of and coordination of law enforcement personnel in the event of major law enforcement problems. CBT/MYS/pb • • 09 AGENDA ITEM _ — DATE MUTUAL AID AGREEMENT Between the Town of Bay Harbor Island, Florida and the City of Miami Beach, Florida Whereas, it is the responsibility of the governments of the Town of Bay Harbor Island, Florida and the City of Miami Beach, Florida to ensure the public safety of their citizens byrovidin p g 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 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 Bay Harbor Island, a political subdivision of the State of Florida, and the undersigned representatives, in consideration for mutualp romises to render valuable aid in times of necessity, do hereby agree ree 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. 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 Town of Bay Harbor Island Police Department or the City of Miami Beach Police Department. c) Agency head: Either the Chief of the Bay Harbor Island Police Department, or the Chief ' s designees; and the Chief of Police of the participating municipal police 2 department, or the Chief's designee. 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. 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. 3 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 responsibility for the law enforcement agency providing services, personnel, equipment, or facilitiesP ursuant 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. 4 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, 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. 6) Indemnification: The political subdivision having financial responsibility for the law enforcement agency g Y 5 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 canceled by either party upon sixty (60) days written notice to the other party. 6 Cancellations will be at the discretion of the chief executive officers of the parties hereto. AGREED TO AND ACKNOWLEDGED this `f day of al , 1991. City of i .ch il Town of Bay rbor Island Alt -4 .. Aor I, Mayr --C . y of iami :;- .ch, Town Ma ger, Town of Bay Flo ida Harbor sland, Florida ATTEST: - 0,,,,.., F__ _7..e.---,--,\A.A.--,_ 1111h 4X e / /I , __ City Clerk, City of Miami Beach, lrrn Clerk, Town of Bay Florida Harbor Island, Florida APPROVED AS TO FORM AND ROVED A 0 FORM AND LEGAL SUFFICIENCY LE L SUP NCY i2 . ..- / 4 City Attorney City of Miami Beach Florida Town t ney, of Ba Y y Y �( Har bo Island, Florida 7 JOINT DECLARATION OF THE CHIEF OF THE MIAMI BEACH POLICE DEPARTMENT AND THE CHIEF OF THE TOWN OF BAY HARBOR ISLAND 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 preplanned 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 Bay Harbor Island, 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 g 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. Terrorists 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 . 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. qt DATE: )1/4/ 7 /f4 Vrkt'°"--10/'C'lige f Phi i/ G. Huber Chief Tom Pletcher City of Mia-a Beach, Fl. Town of BayHarbor Island, , Fl. ATTEST: CLERK �,_ � irrzt City of Miami Beach Town of Bay Harbor Island FORM APPROVED L1AL DEPT. Date /17 ORIGINAL RESOLUTION NO. 91-20279 Authorizing the Mayor and the City Clerk to execute a mutual aid agreement between the City of Miami Beach and the town of Bay Harbor Island, Florida, and authorizing the Police Chief of the City of Miami Beach to execute a joint declaration.