98-22915 RESO
RESOLUTION NO. 98-22915
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, AUTHORIZING THE MAYOR AND CITY CLERK TO
EXECUTE, ON BEHALF OF THE CITY OF MIAMI BEACH POLICE
DEPARTMENT, A MUTUAL AID AGREEMENT WITH THE CITY OF SUNNY
ISLES, FLORIDA, FOR THE PURPOSE OF COORDINATING LAW
ENFORCEMENT PLANNING, OPERATIONS, AND MUTUAL AID BENEFITS
BETWEEN THE CITY OF SUNNY ISLES AND THE CITY OF MIAMI BEACH.
WHEREAS, it is the responsibility of the City of Miami Beach and the City of Sunny
Isles, through their respective Police Departments, to ensure the public safety by providing
adequate levels of police services to the citizens of the City of Miami Beach and the City
of Sunny Isles; 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 likely
to be, beyond the individual control of the services, personnel, equipment, or facilities of
either the City of Miami Beach Police Department, or the City of Sunny Isles Police
Department; and
WHEREAS, in order to ensure that 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 Sunny Isles; and
WHEREAS, the City of Miami Beach and the City of Sunny Isles 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 hereby authorized to execute, on behalf of the City of Miami Beach Police Department,
the attached Mutual Aid Agreement with the City of Sunny Isles, for the purpose of
coordinating law enforcement planning, operations, and mutual aid between the City of
Miami Beach and the City of Sunny Isles.
PASSED and ADOPTED this 23rd day of
September , 1998.
MAl
ATTEST:
_~r p~
CITY CLERK
F:\POLl\TECHSERV\POLlCIES\COM_RESO\sunny isles mutual aid agreement.res.wpd
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
-did l1tk
City Aftorney ,9/IJi?Y
RESOLUTION NO. 98- t,-=t-
A RESOLUTION OF THE CITY OF SUNNY ISLES BEACH,
FLORIDA, AUTHORIZING THE MAYOR TO EXECUTE ON
BEHALF OFTHE CITY, AN AGREEMENT WITH THE CITY
OF MIAMI BEACH, FLORIDA, FOR POLICE MUTUAL AID;
AND AUTHORIZING THE POLICE CHIEF OF THE CITY
TO EXECUTE A JOINT DECLARATION AS NECESSARY
FOR THE PROTECTION OF THE CITY; PROVIDING FOR
AN EFFECTIVE DATE.
WHEREAS, it is the responsibility of Dade County municipalities to ensure the public
safety of their citizens by providing adequate levels of police service; and
WHEREAS, the choice of existing and continuing possibility of the occurrence of law
enforcement problems and other natural and man-made conditions which are beyond the control of
the services, personnel, equipment or facilities ofthe City of Sunny Isles Beach Police Department;
and
WHEREAS, the Florida Mutual Aid Act (Chapter 23, Florida Statutes) grants the City of
Sunny Isles Beach and other participating agencies the authority to enter into mutual aid agreements
in order to ensure that law enforcement agencies will be prepared to adequately address any an all
of these conditions, to protect public peace and safety and to preserve the lives and property ofthe
public of the City of Sunny Isles Beach and participating Dade County municipalities;
NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY
OF SUNNY ISLES BEACH AS FOLLOWS:
Section 1.
The Mayor is hereby authorized to execute the attached Mutual Aid Agreement by
and between the City of Sunny Isles Beach, Florida and the City of Miami Beach,
and authorizing the Police Chief ofthe City to execute a joint declaration as may be
Mutual Aid Res
necessary for the protection of the City, both of which are attached hereto and made
a part hereof as Composite Exhibit "A".
Section 2.
In the event an immaterial change is requested in a agreement, the Mayor or Police
Chief, as the case may be, is hereby authorized to make such change. Any material
change(s) will mandate a review by the City Commission.
Section 3.
This Resolution shall take effect immediately upon adoption.
PASSED AND ADOPTED this 16th day ofJuly, 199 .
ATTEST:
~~~\Vw~.\lCk
Richard Brown-Morilla, City Clerk
. .
APPROVED AS TO FORM
AND LEGAL SUFFICIENCY:
Moved by: ~o--- ~
Seconded by: ~\~ ~
Vote:
Mayor Samson
Vice Mayor Turetsky
Commissioner Iglesias
Commissioner Kauffman
Commissioner Morrow
/ (Yes)
v (Yes)
-0Yes)
v (Yes)
L(Yes)
_(No)
_(No)
_(No)
_(No)
_(No)
Mutual Aid Res.
:ITY OF MIAMI BEACH
;ITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139
ltp:\ \ei. miami-beach. fl. us
COMMISSION MEMORANDUM NO.
G7..~-q8
TO:
Mayor Neisen O. Kasdin and
Members of the City Co
DATE: September 23, 1998
FROM: Sergio Rodriguez
City Manager
SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, AUTHORIZING THE MAYOR AND
CITY CLERK TO EXECUTE, ON BEHALF OF THE CITY OF MIAMI
BEACH POLICE DEPARTMENT, A MUTUAL AID AGREEMENT WITH
THE CITY OF SUNNY ISLES, FLORIDA, FOR THE PURPOSE OF
COORDINATING LAW ENFORCEMENT PLANNING, OPERATIONS, AND
MUTUAL AID BENEFITS BETWEEN THE CITY OF SUNNY ISLES AND
THE CITY OF MIAMI BEACH.
ADMINISTRATION RECOMMENDATION
Adopt the Resolution.
BACKGROUND
The City of Miami Beach and the City of Sunny Isles, because of the existing and continuing
possibility of the occurrence of law enforcement problems and, other natural and man-made
conditions which are, or likely to be, beyond the control of the services, personnel, equipment, or
facilities of the City of Miami Beach Police Department or the City of Sunny Isles, believe that it
is beneficial for each to participate in a Mutual Aid Agreement as authorized by Chapter 23, Florida
Statutes.
CONCLUSION
The City of Miami Beach and the City of Sunny Isles desire to enter into a Mutual Aid Agreement
for law enforcement cooperation. By adopting this Resolution, the City and the City of Sunny Isles
will enter into a Mutual Aid Agreement that will benefit both municipalities.
S~~IPS
F:\POLl\TECHSERV\POLlCIES\COM_MEMOlsunny isles mutual aid agreement.memo.wpd
AGENDA ITEM C. lK
DATE~
MUTUAL AID AGREEMENT
Between the City of Sunny Isles Beach Police Department
and the City of Miami Beach Police Department
WHEREAS, it is the responsibility of the governments of the City of S:..lo"ny Isles Beach, Florida and the City
of Miami Beach, Florida to ensure the 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 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 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 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 City of Sunny Isles Beach, 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 rendering of assistance
for both routine and law enforcement intensive situation 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 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 City of Sunny Isles Beach
Police Department or the participating municipal police department.
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C. Agency Head: Either the Chief of the Sunny Isles Beach 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 has
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 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, 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 the 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 it's employees rendering
aid pursuant to this Agreement, during the time of 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 ordinances 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
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 extraterritorial under the provisions of this Mutual Aid Agreement. The provision of
this Agreement shall apply with equal effect to paid and auxiliary employees.
..'). 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 it's 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 the 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 August 1, 2005, 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. Cancellation will be at the discretion of the Chief executive officers of the
parties hereto.
AGREED AND ACKNOWLEDG~D this 83 "D day of 5"'f'~' 1998
Ci Mayor . City of Miami Beach, Florida
ATTEST:
?~~ ~-\J\.\crv,~",
City Clerk, City of Sunny Isles Beach,
Florida
APPROVED AS TO FORM AND LEGAL
SUFFICIENCY:
ATTEST:
Ci
AP VED AS TO FORM AND LEGAL
SUFFICI Y
, Florida
~4..
Attorney, City of Sunny Isles Beach, Florida
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
~~
2/brIti
Date
JOINT DECLARATION OF THE CHIEF OF THE CITY OF MIAMI BEACH POLICE DEPARTMENT AND
THE CHIEF OF THE CITY OF SUNNY ISLES BEACH 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
participating in law enforcement activity that falls under the County-Wide Mutual Aid
Agreement, or
appropriately dispatched in response to a request for assistance from the other law
enforcement agency.
Communications instructions will be included in each request for mutual aid and
the Metro-Dade Police Department Communications Bureau will maintain radio
contact with the involved agencies until the mutual aid situation has ended. In the
absence of such instructions, communications will be conducted on a mutually
agreed upon police radio frequency, if not through Metro-Dade Communications
Bureau.
In compliance with, and under the authority of, the Mutual Aid Agreement, hereto entered into by the City of
Miami Beach, Florida and the City of Sunny Isles Beach, 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 trails,
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
limiting 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 disturbance within detention facilities.
7, Hostage and barricaded subject situations, and aircraft piracy.
8. Control of major crime scenes, area searches, perimeter control, backups to emergency and in-
progress calls, pursuits, coordinated off-duty work, 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.
Request for assistance and no local unit is available or nearby, calls or transmissions indicating as
officer is injured, calls indicating a crime of incident has occurred is which a citizen may likely be
injured and the assisting municipality is closer to the area that 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, canine, motorcycle,
crime scene, marine patrol enforcement or investigation, and police information,
16. Joint training in areas of mutual need.
17. Mutual enforcement of all existing applicable laws and ordinances and exercise of arrest powers
within the area compromising the jurisdictional waters within respective municipal boundaries.
DATE: ~ 'tJc; X'"
-----i{ cii~ ;J/YlMA~
Chief of Sunny Isles Beach Police Department
Sunny Isles Beach, Florida
Richard Harrison
DATE:
fo- -- -l"1 Y
~hPr 0 rt t
Ie 0 Ity 0 laml eac 0 Ice epa men,
Miami Beach, Florida
Richard Barreto
ATTEST:
~~~~~~
Sunny Isles Beach, City Clerk
:J2lLr p~
City of Miami Beach, City Clerk
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
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