98-22835 RESO
RESOLUTION NO. 98-22835
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 TOWN OF BAY
HARBOR ISLANDS, FLORIDA, FOR THE PURPOSE OF COORDINATING LAW
ENFORCEMENT PLANNING, OPERATIONS, AND MUTUAL AID BENEFITS
BETWEEN THE TOWN OF BAY HARBOR ISLANDS AND THE CITY.
WHEREAS, it is the responsibility of the City of Miami Beach and the Town of Bay Harbor
Islands, through their respective Police Departments, to ensure the public safety by providing
adequate levels of police services to the citizens of the City and the Town of Bay Harbor Islands;
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 Town of Bay Harbor Islands; 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 and Town of Bay Harbor Islands,
the City and the Town of Bay Harbor Islands have the authority, pursuant to the authority
granted in Chapter 23, Florida Statutes, "Florida Mutual Aid Act," and agree to enter into the
attached 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 Town of Bay Harbor Islands, for the purpose of coordinating law enforcement
planning, operations, and mutual aid between the City of Miami Beach and the Town of Bay
Harbor Islands.
PASSED and ADOPTED this 15th day of
July , 1998.
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MA YOR
ATTEST: B
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APPROVED AS TO
FORM & lANGUAGE
& FOR EXECUTION
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Date
~ITY OF MIAMI BEACH
ITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139
tp :\\ci. miami-beach. fl. us
COMMISSION MEMORANDUM NO. If- li-G) g
TO:
Mayor Neisen O. Kasdin and
Members of the City C mission
DATE: July 15, 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 TOWN OF BAY HARBOR ISLANDS, FLORIDA, FOR THE PURPOSE
OF COORDINATING LAW ENFORCEMENT PLANNING, OPERATIONS,
AND MUTUAL AID BENEFIT BETWEEN THE TOWN OF BAY HARBOR
ISLANDS AND THE CITY OF MIAMI BEACH.
ADMINISTRATION RECOMMENDATION
Adopt the Resolution
BACKGROUND
Since 1993, The City and the Town of Bay Harbor Islands have had a Mutual Aid Agreement for
law enforcement cooperation. This Agreement expires this year and both parties wish to enter into
a new Agreement, whose term will be from the date of execution until January 1,2004.
The City and the Town of Bay Harbor Islands, 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 Town of Bay Harbor Islands, believe that it is beneficial for
each to participate in a Mutual Aid Agreement as authorized by Chapter 23, Florida Statutes.
CONCLUSION
By adopting this Resolution, the City and the Town of Bay Harbor Islands will enter into a new
Mutual Aid Agreement that will benefit both.
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F:\POLI\TECHSERV\POLICIES\COM_MEMO\bay harbor islands mutual aid agreement.wpd
AGENDA ITEM C ~
DATE~- 15-9 ~
MUTUAL AID AGREEMENT
Between the Town of Bay Harbor Islands
and the City of Miami Beach Police Departments
WHEREAS, it is the responsibility of the governments of the Town of Bay Harbor Islands,
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
situations; and
WHEREAS, there exists a 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 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 Miami- Dade County
municipalities; and
WHEREAS, the participating Miami- Dade County municipalities have the authority under
Section 23.12, Florida Statutes, et. seq., Florida Mutual Aid Act, to enter into a mutual aid
agreement which permits voluntary cooperation and assistance of a routine law enforcement
nature and provides for rendering of assistance in a law enforcement emergency.
NOW THEREFORE, BE IT KNOWN that the Town of Bay Harbor Islands, subdivision
of the State of Florida, and the City of Miami Beach, a municipal corporation of the State of
Florida, 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 Section 23.12, et. seq.,
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
Islands or the City of Miami Beach Police Departments.
c) Agency head: Either the Chief of the Town of Bay Harbor Islands Police Department,
or the Chiefs designees; and the Chief of the City of Miami Beach Police
Department, or the Chiefs designees.
d) Participating municipal police department: The police department of any municipality
2
in Miami- 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. VOLUNTARY COOPERATION: Each of the aforesaid law enforcement agencies
may request and render law enforcement assistance to the other in dealing with any
violations of Florida Statutes to include, but not be limited to, investigating criminal
offenses, authorizing school safety officers to enforce laws in an area within 1,000 feet
of a school, and establishing inter- agency task forces and/or joint investigations.
5. OPERATIONAL ASSISTANCE:
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 representative whose assistance is sought shall evaluate the situation
and the agency's available resources, and will respond in a manner deemed appropiate.
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 partcipating law enforcement agencies, or their respective
3
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.
6. CONFLICTS AMONG AGENCIES: Whenever law enforcement personnel is
rendering assistance pursuant to this Agreement, the law enforcement employee shall
abide by and be subject to the rules and regulations, personnel policies, general orders
and standard operating procedures of his/ 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 supersede the direct order.
7. POWERS, PRIVILEGES, IMMUNITIES AND COSTS:
a) All employees ofthe 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 Section 23.12, et., seq., Florida
Statutes, have the same powers, duties, rights, privileges and immunities as if they
were performing their duties inside the employee's political subdivision in which
normally employed.
4
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 the cost of any loss or damage to that
equipment and shall pay any and all expenses incurred in the operation and
maintenance of same.
c) The political subdivision having financial responsibility for the law enforcement
agency providing aid pursuant to this Agreement shall compensate its employees
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 personal injury or death while such employees
are engaged in rendering such aid pursuant to this Agreement. Such compensation
shall also include all benefits normally due such employees.
d) The privileges and immunities from liability, exemption from laws, ordinances and
rules, and all pension, insurance, relief, disability, worker's compensation, salary,
death, and other benefits that apply to the activity of an employee of an agency when
performing the employee's duties within the territorial limits of the employing 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
Agreement. The provisions of this section shall apply with equal effect to paid,
volunteer, and auxiliary employees.
e) Nothing in this Agreement is intended to or is to be construed as any transfer or
contracting away of powers or functions of one party hereto to the other.
5
8. LIABILITY: Each party to this Agreement agrees to assume responsibility for the acts,
omissions, or conduct of such party's own employees while engaged in in rendering such aid
pursuant to this Agreement, subject to the provisions of Section 768.28, Florida Statutes,
where applicable.
9. FORFEITURES:
a) 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. In the event a participating law enforcement agency seizes any real
property, motor vehicle, vessel, 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, complete discretion to bring or dismiss the
action.
b) All proceeds from forfeited property seized as a result of or in accordance with this
Agreement shall be equitably distributed among the agencies in proportion to the
amount of investigation and participation performed by each respective agency, less
the costs associated with the forfeiture action pursuant to Chapter 932, Florida
Statutes.
6
10. CONFLICTS: Any conflicts between this Agreement and the Mutual Aid Act will be
controlled by the provisions of the latter whenever conditions exist that are within the
definitions stated in Section 23.12, et. seq., Florida Statutes.
11. 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 1,
2004. Under no circumstances may this Agreement be renewed, amended, or extended
except in writing.
12. CANCELLATION: This Agreement may be canceled by either party upon sixty (60)
days delivery of written notice to the other party. Cancellation will be at the discretion
of the chief executive officers of the parties hereto.
IN W NESS WHEREOF, the parties hereto cause these presents to be signed this /C;lkday
of Lt L , 19.11..
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Town Manager, Town of Bay
Harbor Islands, Florida
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Mayor, City of Miami Beach,
Florida
ATTEST:
ATTEST:
JiL4.~C GL~A
Town Clerk, Town of Bay
Harbor Islands, Florida
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City Clerk, City of Miami Beach,
Florida
APPROVED AS TO FORM AND
~ .fFFICIE. NCY:
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Town' torney, Town of Bay
Harbor Islands, Florida
APPROVED AS TO FORM
AND LEGAL SUFFICIENCY:
1f~ l/7/~
City Attorney, City of Miami
Beach, Florida
7
JOHN S. ROSS
Chief or Police
9665 BAY HARBOR TERRACE BAY HARBOR ISLANDS, FLORIDA 33154 TELEPHONE: (305) 866-6242 FAX (305) 993-1783
October 1, 1998
Chief Richard Barreto
Miami Beach Police Department
11 00 Washington Avenue
Miami Beach, FL 33139
Dear Chief Barreto:
Attached please find five copies of the Mutual Aid Agreement and Joint Declaration between the
Town of Bay Harbor Islands and the City of Miami Beach Police Departments. After the
Agreements have been executed by the Mayor, the City Clerk and yourself, please return two
signed copies to me.
Please let me know if you are going to send a copy to the Mutual Aid Program Director. If not,
please return three signed copies and I will forward a copy to FDLE.
Sincer ly,
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John S. Ross
Chief of Police
JSRipag
Attachments
JOINT DECLARATION OF
THE CHIEF OF THE TOWN OF
BAY HARBOR ISLANDS POLICE DEPARTMENT
AND
THE CHIEF OF THE CITY OF
MIAMI BEACH POLICE DEPARTMENT
PURSUANT TO MUTUAL AID AGREEMENT
A 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; or
. 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 Town of Bay Harbor
Islarids and the City of Miami 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 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 back-up assistance 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.
DATE:
16. Joint training in areas of mutual need.
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DATE:
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J~S. oss, CHIEF
Town of Bay Harbor Islands
Police Department
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Richard Barreto, CHIEF
City of Miami Beach
Police Department
ATTEST:
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Town Clerk, own of .
Bay Harbor Islands, Florida
ATTEST:
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Miami Beach, Florida
2