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2004-25474 ResoRESOLUTION NO. 2004-25474 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA AUTHORIZING THE MAYOR, OR HIS DESIGNEE, AND THE CITY CLERK TO EXECUTE 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 CITY OF MIAMI BEACH AND THE TOWN OF BAY HARBOR ISLANDS. WHEREAS, it is the responsibility of the respective governments of the City of Miami Beach and the Town of Bay Harbor Islands, Florida to ensure the public safety of their citizens by providing adequate levels of police service 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 services, personnel, equipment, or facilities of the City of Miami Beach Police Department or the Town of Bay Harbor Islands Police Department; 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 City of Miami Beach and the Town of Bay Harbor Islands; and WHEREAS, the City of Miami Beach and the Town of Bay Harbor Islands 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, or his designee, and City Clerk are authorized to execute the attached Mutual Aid Agreement with City of Miami, Florida, for the purpose of coordinating law enforcement planning, operations, and mutual aid benefits between the City of Miami Beach and the Town of Bay Harbor islands. PASSED and ADOPTED this 4th day of /" MAYOR APPROVED AS 'lC:, FORM & LANGU^G & FOR EXECUTION · ~EST: , ~ ~1~' CLERK' F:\POLI\TECHSERV~POLIC[ES\COM_MEMO\Mutual Aid Bay HaCoor PD-2003-RESQdOC CITY OF 'MIAMI' BEACH COMMISSION ITEM SUMMARY Condensed Title: A Resolution authorizing a Mutual Aid Agreement between the City of Miami Beach and the Town of Bay Harbor Islands that will allow for the sharing of law enforcement resources and the rendering of assistance both durin~l routine and intensive law enforcement situations. Issue: Shall the City of Miami Beach execute a Mutual Aid Agreement with the Town of Bay Harbor Islands that will allow for the sharing of law enforcement resources and the rendering of assistance both during routine and intensive law enforcement situations? Item Summary/Recommendation: The Administration recommends the adoption of this resolution that will allow for the sharing of law enforcement resources and the rendering of assistance both during routine and intensive law enfomement situations. The City of Miami Beach 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 manmade conditions which are or are likely to be beyond the control, personnel, equipment or facilities of the Miami Beach Police Department or the Town of Bay Harbor Islands Police Department believe that it is beneficial for each to participate in a Mutual Aid A~lreement as authorized by Chapter 23, Florida Statutes. Advisory Board Recommendation: ] N/A · 'inancial Information: Amount to be expended: Source of iA Funds: Finance Dept. ~i~ ii~ iI Si F:\POLI\TECHSERV~POLICIES\COM_MEMO\Mutual Aid Bay Harbor PD-2004-SUMMARY.doc CITY OF MIAMI BEACH CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139 · ~ www.ci.miami-beach.fl.us To: From: Subject: COMMISSION MEMORANDUM Date: February 4, 2004 Mayor David Dermer and Members of the City Commission Jorge M. Gonzalez City Manager A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA AUTHORIZING THE MAYOR, OR HIS DESIGNEE, AND THE CITY CLERK TO EXECUTE 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 CITY OF MIAMI BEACH AND THE TOWN OF BAY HARBOR ISLANDS. ADMINISTRATION RECOMMENDATION Adopt the Resolution. ANALYSIS The City of Miami Beach 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 manmade conditions which are or are likely to be beyond the control, personnel, equipment or facilities of the Miami Beach Police Department or the Town of Bay Harbor Islands Police Department believe that it is beneficial for each to participate in a Mutual Aid Agreement as authorized by Chapter 23, Florida Statutes. The Mutual Aid Agreement will allow for the sharing of law enforcement resources and the rendering of assistance both during routine and intensive law enforcement situations. This Agreement will take effect when it is signed and will expire in January, 2009. CONCLUSION It is recommended that the Mayor and City Commission adopt this Resolution and authorize the signing of the Mutual Aid Agreement that will allow for the sharing of law enforcement resources. J M GII~IDIRMIC PIJ MIH D C ~ F:~OLi~TECHSERV~OLiCIES~OM_~I Aid Bay Harbor PD-2004-MEMO.doc MUTUAL AID AGREEMENT Between the Town of Bay Harbor Islands and the Cit]f 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 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 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 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 as described in a requested operational assistance agreement, Section 23.12, et. seq., Florida Statutes. 3. DEFINITIONS: a} b) Joint declaration: A document which enumerates the various conditions or situations where aid may be requested or rendered pursuant to %his 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. 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 Chief's designees; and the Chief 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 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. 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. 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 agency representative whose assistance is sought shall evaluate the situation and the agency's 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 their respective 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. 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. POWERS, PRIVI?.~GES, ~ITIES, AND COSTS: a) Ail employees of the participating municipal police department, including .certified law enforcement employees as defined in Chapter 943, Florida Statutes, during s~ch 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 23.12, et., seq., Florida Statutes, have the same powers, duties, rights, privileges, and immunities as if they were performing their duties inside the employees's political subdivision in which normally employed. b) The political subdivision having financial responsibility for the law enforcement agency providing services, personnel, equipment, or c) d) 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. 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 ~uch employees are engaged in rendering such aid pursuant to this Agreement. Such compensation shall also include all benefits normally due such employees. 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 respective duties within the territorial limits of the employing agency apply to the employee to the same degree, manner, and extent while engaged in the m 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. 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 rendering such aid pursuant to this Agreement, subject to the Florida Statutes, where provisions if Section 768.28, applicable. 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 10. 11. 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 limited to, complete discretion to bring or dismiss the action. b) Ail 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 p~rticipation performed by each respective agency, less the costs associated with the forfeiture action pursuant to ChaPter 932, Florida Statutes. 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 Section 23.12, et. seq., Florida Statutes. EFF~CTIV~ DA~: 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, 2009. Under no circumstances may this Agreement be renewed, amended or extended except in writing. 10. 11. 12. 13. 14. 15. 16. 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. Enemy attack. Transportation of evidence requiring security. Major events; e.g., sporting events, concerts, parades, fairs, festivals, and conventions. Security and escort duties for dignitaries. Emergency situations in which one agency cannot .perform its functional objective. Incidents .requiring utilization of specialized units; e.g., underwater recovery, aircraft, canine, motorcycle, bomb, crime scene, marine patrol, and police information. ~-~own of Ba~ Harbor Islands Joint traini'ng in areas of mutual need. : Police Department ATTEST: ~IEF City of M~' Beach Police De~rtment ATTEST: City Clerk, City of Mi~m~ Beach, Florida