96-22232 RESO
RESOLUTION NO.
96-22232
RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, AUTHORIZING THE MAYOR AND CITY
CLERK TO EXECUTE AN AMENDMENT TO THE LAW ENFORCEMENT
MUTUAL AID AGREEMENT BETWEEN THE CITY OF MIAMI BEACH,
FLORIDA AND THE VILLAGE OF INDIAN CREEK, FLORIDA.
WHEREAS, December 21, 1994, the Mayor and City Commission approv3d
Resolution No. 94-21429, authorizing the Mayor and City Clerk to execute a Mutuall,.id
Agreement between the City of Miami Beach, Florida and the Village of Indian C'euk,
Florida, and, as part of the Agreement, authorizing the police Chief to execute a Jo nt
Declaration of the Chief of the City of Miami Beach Police department and the Chief of t1e
Village of Indian Creek Public Safety Department; and
WHEREAS, pursuant to the Agreement, the City and the Village of Indian C 'eE '!k,
Florida, wish to extend the list of circumstances and conditions under which normal c lid
may be requested and rendered with respect to police operations; and
WHEREAS, the parties now wish to amend the Joint Declaration incorporated ir to
the Agreement to include the mutual enforcement of all applicable laws and ordinanc3s
affecting the jurisdictional waters of each respective municipality.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND Gr"Y
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, as follows:
Section 1. That the Joint Declaration on page 2, incorporated into and made pirt
of the Agreement by reference, is amended as follows:
18. Mutual enforcement of all existing applicable laws and ordinances and exerci5e
of arrest powers within the area comprising the jurisdictional waters within the respecti "e
municipal boundaries of the City of Miami Beach, Florida and the Village of Indian O'eE.k,
Florida.
Section 2. All other terms and conditions of the Agreement between the City and t1e
Village of Indian Creek, Florida, shall remain the same' full force and effect.
PASSED and ADOPTED this 18th day of December,
t
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CITY CLERK
MAYO
APPROVED AS TO.
FORM & LANGUAGE
& FOR EXECUTlOI-J
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CITY OF MIAMI BEACH
cm' HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139
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COMMISSION MEMORANDUM NO. ~ /2 - 9~
TO:
Mayor Seymour Gelber and
Members of the City Commission
DATE: December 18, 19)6
SUBJECT:
Jose Garcia-Pedrosa tl
City Manager I I
A RESOLUTION t 'F HE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI~\:ACH, FLORIDA, AUTHORIZING THE MAYOR A.l.\D
CITY CLERK TO EXECUTE AN AMENDMENT TO THE LA1rV
ENFORCEMENT MUTUAL AID AGREEMENT BETWEEN THE CITY (IIF
MIAMI BEACH, FLORIDA AND THE VILLAGE OF INDIAN CRl:E (,
FLORIDA.
FROM:
BACKGROUND
On December 21, 1994, the Mayor and City Commission approved Resolution No. 94-214~9
authorizing the Mayor and City Clerk to execute a Mutual Aid Agreement between the Ci ty
of Miami Beach and the Village of Indian Creek, Florida.
Both parties now desire to amend the Agreement to permit police officers of the Villa~e of
Indian Creek to engage in assisting the Miami Beach Police Department's Marine Patrol Ulllit
in patrolling the waters within the City of Miami Beach.
The Police Department's Marine Patrol Unit is responsible for patrolling over 67 miles of
coastline and inland waterways. The assistance of the Village of Indian Creek Marine Patl 01
Unit is required due to a lack of manpower with the Police Department's Marine Patrol Un it.
in patrolling the City's coast and inland waterways.
This lack of manpower, coupled with the increasing number of complaints from citlize as
regarding incidents on the water such as damage to docked boats, excessive speed ill t Ie
Manatee Protection Zone and reckless operation, has lead to this request to amend the Mutt al
Aid Agreement.
The Amendment is required so that Indian Creek police officers have the requisite le~ al
authority to take enforcement action if necessary.
CONCLUSION
This Amendment will benefit the citizens of Miami Beach by providing an increase in p olh~e
przence on our waters.
/1
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DATE
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AGENDA ITEM
AMENDMENT TO AGREEMENT
This Amendment to the Mutual Aid Agreement, dated November 22, 1994, between the ( IT Y
OF MIAMI BEACH, FLORIDA (CITY) and the VILLAGE OF INDIAN CREEK, FLORIDA, lS
entered into this 18th day of December, 1996.
WITNESSETH:
WHEREAS, on December 21, 1994, the Mayor and City Commission approved Resolutic n
No. 94-21429, authorizing the Mayor and City Clerk to execute a Mutual Aid Agreement betv'iet n
the CITY and the VILLAGE OF INDIAN CREEK, FLORIDA, and, as part of the Agreemer t,
authorizing the Police Chief to execute a Joint Declaration of the Chief of the City of Miami BI:ac h
Police Department and the Chief of the Village of Indian Creek Public Safety Department.; aJld
WHEREAS, pursuant to the Agreement, the CITY and the VILLAGE OF INDA.-J"
CREEK, FLORIDA, wish to extend the list of circumstances and conditions under which mttu ILl
aid may be requested and rendered with respect to police operations; and
WHEREAS, the parties now wish to amend the Joint Declaration incorporated into tt e
Agreement to include the mutual enforcement of all applicable laws and ordinances affectin~ tt e
jurisdictional waters of each respective municipality.
NOW, THEREFORE, the Agreement is hereby amended as follows:
1. The Joint Declaration on page 2, incorporated into and made part of the Agreemen: by
reference, is amended as follows:
18. Mutual enforcement of all existing applicable laws and ordinances and exercis~ c f
arrest powers within the area compromising the jurisdictional waters within th.~
respective municipal boundaries, to wit: (Insert legal description of area).
2. All other terms and conditions of the Agreement between the CITY and the VILLAGE: (F
INDIAN CREEK, FLORIDA, shall remain the same in full force and effect.
IN WITNESS WHEREOF, the parties hereto have caused this Amendment to the Mutu 11
Aid Agreement to be executed by their duly authorized officials on the 18th day of Decem!: er _,
1996.
ATTEST:
THE CITY OF MIAMI BEACH
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CITY CLERK
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CHIEF OF POLICE
THE VILLAGE OF INDIAN CREEK
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MAYOR
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CITY CLERK
CHIEF OF POLICE
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
Approved as to form and
K;;:tA~l{;;L
Village Attorney
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CitY
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Date
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RESOLUTION NO. 94-21429
A RESOLUTION OF THE MAYOR AND CIn COMMISSION OF 1 HE
CITY OF MIAMI BEACH, FLORlDA. AUTHORIZING THE MAYOR AND
CITY CLERK TO EXECUTE A MUTUAL AID AGREEMENT BETVVI EN
THE CITY OF MIAMI BEACH AND THE VILLAGE OF INDIAN CRE:~K,
FLORIDA. AND AUTHORIZING THE POLICE CHIEF OF THE CIlY OF
MIAMI BEACH TO EXECUTE A JOINT DECLARATION.
WHEREAS, the City of Miami Beach desires to enter into an Agreement w th the Village
of Indian Creek, Florida, for the purpose of coordinating law enforcement planning, OJel ations, and
mutual aid between the City and Indian Creek: and
WHEREAS, the City Manager has recommended the Agreement and the City Atorney has
approved it as to form.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR A~D CITY
COl\'ThIISSION 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 <:it I of Miami
Beach and the Village ofIndian Creek. Florida, and the Police Chiefis hereby authori2ed to execute
the Joint Declaration which is attached hereto.
PASSED and ADOPTED this 21st day of' December
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FORM APPROVED
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94-135
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RESOLUTION NO.
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF INDIA''"' CREEK
AUTHORIZING THE MAYOR AND THE CITY CLERK TO EXECUTE A NU'.UAL AID
AGREEMENT BETWEEN THE CITY OF MIAMI BEACH AND THE VIL~GE OF
INDIAN CREEK, FLORIDA, AND AUTHORIZING THE POLICE CHIEF 0= ""HE CITY
OF MIAMI BEACH TO EXECUTE A JOINT DECLARATION
WHEREAS, the Village of Indian Creek desires to enter into an agree.:nent with
The City Of Miami Beach,Florida for the purpose of coordinating law enforcement
planning, operations and mutual aid between the City and Indian Creek; anc
WHEREAS, the City Manager has recommended the Agreement and ::he City
Attorney has approved it as to form.
NOW, THEREFORE. BE IT DULY RESOLVED BY THE VILLAGE CCUNCll OF
THE VILLAGE OF INDIAN CREEKthat the Mayor and the City Clerk are rer~by
authorized to execute the attached Mutual Aid Agreement between the CitY' elf Miami
Beach and the Village of Indian Creek, Florida. and the Police Chief is here!:: y
authorized to execute the Joint Declaration wf1ich is attached hereto.
PASSED AND ADOPTED THIS /g day of hi/ 19;4
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city clerk
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MUTUAL AID AGREEMENT
Bet\.veen the Village of Indian Creek Public Safety Departm:m,
anc the City of Miami Beach
vVHEREAS, it :s the responsibility of the governments of the Village of Inr:li:: n Creek,
Florida and the City of Miami 8ea c.'1 , Florida to ensure the public safety cf t,eir citizens
by providing ace<:;uate levels of pelice services to address :any foreseeable routine or
emereency situation;and
WHEREAS. because of the existing and contJn'-Jing possibility of the occ:'lrr mea of law
enforcement problems anc ether natural and man-made conditions whioh a e. or likely tc
be, ooyond the c::mtrol of the services, personnel, equipment or facilities l:Jfhe
participating municipal police departments; and
WHEREAS, in order to ensure the preparation of these law enforcement agmcies 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 particif:at nQ Dade
County municipalities;and
WHEREAS, the participating Dade County municlpalities have the authority under
Chapter 23, Florida Statutes. Florida Mutual Aid Ad. to enter into a mutuel! .:id
agreement.
NOW, THEREFORE, BE IT KNOWN, that the village of Indian Creek, sutldir'ision of the
State of Florida, and the undersigned representatives, in consideration fo' mutua!
promises to render valuable aid in times of necessity, do hereby agree to fu ly 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 provide~~ f( II" the
requesting rendering of assistance for both routine and law ,enforcement
intensive situation, this Mutual Aid Agreement combines 1he
elements of both a voluntary cooperation agreement and a requested
operational assistance agreement, as described in Chaptl3r 23, Florida
Statutes.
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6. Indemnification: The political subdivision having financial respcnsibjli ty for the la......
enforcement a~ency providing aid pursuant to this Agreement agree~ to hold
harmless, defand, and indemnify the requesting law S:1fCrC2r:1ent a:;E r:cy and it'::>
political subcivisior. in any sui~. action or c1aim for damages res;.:lting from any
and 311 acts or ~oncuct of erT'iplcye~s cf said providing agency wt",ik! ~ roviCir.~ aid
pur3uant to this p..gre.;mert, subject to Chapter 768, Florida Stat1-1ES, wher~
applicable.
7. Forfeitures: It is racnsnized that during the c:Jurse of the operaticn of the
Asreement, piOperti' subject to forfeiture under U"e F'cr;c3 Ccr:~iat:ar C Fci7eiture
Act, Florida Statutes, may be seized. The pro{:erty sMail te seizad 7cr.eited, ar;d
equitabiy distributed among the participating agencies in ;:rcpcrtion ,:: the amCL.:nt
of investigation and participation performed by each agency. This sh:ll occ:...Jr
pursuant to the provisions of the Flcrida Contraband Forfeiture Act
5. Conf1!cts: Any confHcts between this Agreement and the Florida MlWtu ,~I Aid Act
will be controlled by the provisions of the latter, whenever ccnditior s~xist that are
within the definitions statec in Chapter 23 Florida Statutes,
S. Effective Date and Duration: This AQreernent shall be in effect from d.lte cf
signing, thrcugh and incl<.;cing January 1st, 20CO,uncer r.o c:r=um~;ta'":css may
this Agreement be renewed. amended or extended except in wrjtin~;I.
10, Cancellation: This Agrsement may be canceled by either partj upon ~ ixty (SO)
days written notice to the other party. Cancellation will be at the di:;c: etion of the
Chief executive officers of the parties hereto.
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Ai";>~C~O AS TO fORM ANO LEGAL SUFI:ICIENCY:
APPROVED AS TO:F:ORM'A:No-"i..EGAl SlFFICIENC'f
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V<U<lgt' Attorney. Village of 'n2llln CreeIc. FIcl~
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JOINT DECLARATION OF THE CHIEF OF THE CITY OF MIAMI 8EJ~C H POlleE
DEPARTMENT AND THE CHIEF OF THE VILLAGE OF INDIAN CREE K PUBLIC
SAFETY DEPARTMENT PURSUANT TO MUTUAL AlO AGREEl'w ENT
A deputy sheriff or pOlics officer of either of the participating law enforcal1'1E nt ager.ci.as
shall be considered to be operating under the provisions of the mutual aid, Igraement
when:
participating in iaw enforcement activities that ara pre-planrlell and
approved by each respective agency head, or
appropriately dispatched in response to a request fer assistar ce from the
other law enforcement agency.
spontaneous response where assistance or aid is apparent ( ~ ee #9
below).
In compliance with, and under the authority of, the Mutual Aid Agreement hereto enterec
into by the City of Miami Beach, Florida and the Village of Indian Creek, F!c "ida, it is
hereby declared that the fOllowing list comprises the circumstances and cor ditions under
which mutual aid may be requested and rendered regarding police operaiiols pursuant
to the agreement. Said list may be amended or supplemented from time Ie ime, as
needs dictate by subsequent declarations,
1. Joint multi-jurisdictional criminal investigations
2. Civil affray or disobedience, disturbances, riots, large prote~,t
demonstrations, controversial trails, political conventions, la.:)o' disputes
and strikes.
3. Any natural disaster
4. Incidents which require rescue operations and crowd and trcllffi: control
measures, including, but not limiting to, large.scale evacuat;ors, aircraft
and shipping disa3ters, fires, explosions, gas line leaks, radiol,'gical
incidents, train wrecks and derailments, chemical or hazardou:" waste
spills, and electrical power failures.
5. Terrorist activities including, but not limited to, acts of sabot~lgl~.
6. Escapes from or dIsturbance within detention facilities.
7. Hostage and barricaded subject situations, and aircraft piracy.
-''-' _W.~1tJ
244 Fas
8. Control of major crime scenes, area searches. perimeter ':Cltrol. backuj:
to emergency and in-progress calls. pursuits, and missing pel Sons calls.
9. participating in exigent situations without a formal request whic1 are
spontaneous Occurrences such as area searches for wanted SL bjects.
perimeters, crimes in prof;ress. escaped prisoners. Traffic sto~ s near
municipal boundaries, request for a -'" 5-" and no local units~vailabre or
nearby, calls or transmissions indicating as officer is injured. c;a [Is indicating
a crime of jncident has occurred is which a citizen may likely be injured and
the assisting municipality is closer to the area that the cfficer re :eiving the
call.
10. Enemy attack
11. Transportation of evidence requiring security.
12. Major events; e.g., sporting events, concerts, parades, fairs, fa:;ti 'als, and
conventions.
13. Security and escort duties for dignitaries.
14. Emergency situations in which one agency cannot perfor:n its fl.:n:tional
objective.
15, 'ncidents requiring utilization of specialized units; e.g., underwclte' recovery,
aircraft, canine, motorcycle, bomb, crime scene, marine patrol, 3n::1 police
information.
16. Joint training in areas of mutual need.
17. Off-Duty Police Services: Indian Creek Village will be totally res pc nsible for
their officers, to include, but not limited I a est, pension, insurar ce,
disability insurance and -workman's pe saUon.
DATE' ;/-/L -j1.r' DATE:'
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Cepertmel1t. MIami Sueh. Flori<l<l Safely Oepartmtll'(. Indian Creek. FJonda
Lecnan;l A. Masarese
ATTEST:
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CITY OF
MIAM~
BEACH
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CITY HALL 1700 CONVENTION CENTER CAlVE MIAMI BEACH FLORIDA 33139
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COMMISSION MEMORANDUM NO.
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TO:
Mayor Seymour Gelber and
Members of the City Commission
Roger M. Carlton "0 J 1 ~
City Manager tJ1I ~
OATE:
Dece:nl: er 21, 199
FROM:
SUBJECT:
MUTUAL AID AGREEMENT BETWEEN THE CITY OF M:Dl..K.: BEACH: AN
THE VILLAGE OF INDIAN CREEX
ADMINISTRATION RECOMMENDATION
The Administration recommends that the Mayor and City Commissiol
approve the Mutual Aid Agreement between the City and t:1e Village o.
Indian Creek.
BACRGROmro
The city of Miami Beach and the Village of Indian Creek, because 01
the existing and continuing possibility of the occurrence of la..
enforcem.ent problems and other natural and manmade condi:ions whicr
are or are l.ikel.y to be beyond the control, personnel, et{Uiprnent or
facil.ities of participating municipal police departments, believE
that it is beneficial for each to participate in c~,tnutual aic
agreement as authorized by Chapter 23, Florida statuten.
This is a new agreement between the C;ity of Miam.i B3a:::h and thE
Village of Indian Creek.
CONCLUSION
Thi.s Mutua~ Aid Agreement wil.~ benefit both the citizen:;;,f the City
of Miami Beach and the Village of Indian Creek.
RMC/SDR/FC/MMS/lml
AGENDA ITEM:::: - I - E
DA1E.r2.- 2.1-q