RESOLUTION 91-20278 RESOLUTION NO. 91-20278
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 CITY OF NORTH BAY VILLAGE, 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 City of North Bay Village for the purpose of
coordinating law enforcement planning, operations and mutual aid
between the City and the City of North Bay Village; and
WHEREAS, the City 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 City of North Bay Village,
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.
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ATTEST:
FORM APPROVED
Gaj•-AS...t C 7‘,r0,./.1\
CITY CLERK
Lyal DEPT.
By
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:;�PMEq FLORIDA 3 3 1 3 9
,INCORP;ORAIED) V A C A TION L.A ND S. A
OFFICE OF THE CITY MANAGER CITY HALL
1700 CONVENTION CENTER DRIVE
TELEPHONE: 673-7010
COMMISSION MEMORANDUM NO. ' ',
57/
DATE: April 24, 1991
TO: Mayor Alex Daoud and
Members of the City Commission
FROM: Carla Bernabei Ta ``
City Manager
SUBJECT: MUTUAL AID AGREEMENT BETWEEN THE CITY OF MIAMI BEACH AND
THE CITY OF NORTH BAY VILLAGE
The City of Miami Beach and the City of North Bay
Village, 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 City of North Bay Village 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 City of North Bay Village in the use
of and coordination of law enforcement personnel in the
event of major law enforcement problems.
CBT/MYS/pb
01
AGENDA `
ITEM
DATE
MUTUAL AID AGREEMENT
Between the
City of North Bay Village Police Department
and the
City of Miami Beach Police Department
WHEREAS, it is the responsibility of the governments of the City
of North Bay Village, 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 City of North Bay Village,
subdivision of the State of Florida, and the City of Miami Beach,
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 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 North Bay Village Police Department or the
City of Miami Beach Police Department.
c. Agency head: Either the Chief of the North Bay Village
Police Department, or the Chief ' s designees , and the
Chief of Police of the City of Miami Beach 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
including North Bay Village and City of Miami Beach.
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 unreasonably 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
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 , personne
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 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
the 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.
1.5"
AGREED AND ACKNOWLEDGED this day of 19 �1 ,fo,
_ 41/�`
".qty Manager, City of groT, City of
North Bay Village, Florida Miami Beach Florida
ATT ST: ATTEST:
CI-Liff c _ C
ity Cl: . k, ity of City Clerk, City of
North B:y Village, Florida Miami Beach, Florida
APPROVED AS TO FORM AND APPROVED AS TO FORM AND
LEGL, SUFFICIENCY'T LEGAL SUFFICIENCY:
/// 1 ,//
( I ///i /I / ;
City Attoriney, City ofity Attorney, City of
North Bay' Village, Florida Miami Beach, Florida 0/,/
4
JOINT DECLARATION OF THE CHIEF OF NORTH BAY
VILLAGE POLICE DEPARTMENT AND THE CHIEF OF THE
CITY OF MIAMI 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 he or she is:
* 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 North Bay Village, Florida
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 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: 3 7/cc/c? DATE: / it q11
'fiia-.01110.11 11 642„,,A _.alw I' I/
Stanford C. Blair, Chief illi�u•� r, Clief
North Bay illage, Florida Miami Beach, Florida
ATTE T: ATTEST:
401/( E_Tzymwv-__
�t�_� _ �./ �• Com,
i y Cle : City Clerk
FORM APPROVED
L L DEPT.
Date
5/5/i(
/'? 4NORTH BAY VILLAGE POLICE DEPARTMENT
i _ f.
48A1`14 • NORTH BAY VILLAGE, FLORIDA 33141
�....� 7903 EAST DRIVE O �
, FLA.
e ON THE KENNEDY CAUSEWAY(79TH ST,)DADE COUNTY
Phone:Code 305-758-2626
CHIEF OF POLICE
STANFORD C. BLAIR
March 18 , 1991
Chief Phillip Huber
Miami Beach Police Dept.
1100 Washington Avenue
Miami Beach, FL 33139
Dear Chief Huber:
Enclosed are two (2) Mutual Aid Agreements and two (2)
Joint Declarations. It is to our mutual benefit to have
these signed and executed by the appropriate parties .
Please return one complete set to me.
If I can be of any further assistance in this matter,
please do not hesitate to call upon me.
Sincerely,_lz://3
Lid K/X.1
S . Blair
Chief of Police
SB:cae
Enclosures
ORIGINAL
RESOLUTION NO. 91-20278
Authorizing the Mayor and the City Clerk
to execute a mutual aid agreement between
the City of Miami Beach and the City of
~North Bay Village, Florida, and authorizing
the Police Chief of the City of Miami Beach
to execute a joint declaration.