Resolution 2022-32222 RESOLUTION NO. 2022-32222
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, AUTHORIZING THE CITY MANAGER AND CHIEF
OF POLICE TO EXECUTE A MUTUAL AID AGREEMENT, ON BEHALF OF THE
MIAMI BEACH POLICE DEPARTMENT, WITH THE UNITED STATES COAST
GUARD BASE, MIAMI BEACH, FLORIDA, FOR THE PURPOSE OF
COORDINATING LAW ENFORCEMENT PLANNING, OPERATIONS AND
MUTUAL AID BENEFIT BETWEEN THE MIAMI BEACH POLICE DEPARTMENT
AND THE UNITED STATES COAST GUARD BASE, MIAMI BEACH, FLORIDA.
WHEREAS, it is the responsibility of the respective governmental entities of the City of
Miami Beach, Florida, and the United States Coast Guard Base, Miami Beach, Florida, to
ensure the public safety of their respective citizens, employees and visitors by providing
adequate levels of law enforcement services to address any foreseeable, routine or emergency
situations; and
WHEREAS, governmental entities routinely seek to invoke mutual aid due to the
continuing possibility of law enforcement problems and other conditions, situations or
circumstances which may be beyond the control of the services, personnel, equipment or
facilities of any single law enforcement agency to handle adequately; and
WHEREAS, it is necessary to ensure that these law enforcement agencies will have
adequate resources 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 United States Coast Guard Base
Miami Beach, Florida; and
WHEREAS, the City of Miami Beach and the United States Coast Guard Base Miami
Beach, Florida have the authority, pursuant to Chapter 23 of the Florida Statutes, known as the
"Florida Mutual Aid Act," and 14 U.S.C. § 141, to enter into a Mutual Aid Agreement.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the City Manager and Chief
of Police are hereby authorized to execute a Mutual Aid Agreement, on behalf of the Miami
Beach Police Department, with the United States Coast Guard Base, Miami Beach, Florida, for
the purpose of coordinating law enforcement planning, operations and mutual aid benefit
between the Miami Beach Police Department and the United States Coast Guard Base, Miami
Beach, Florida.
PASSED and ADOPTED this ao day of -3-141 , 2022.
ATTEST:
Dan Gelber, Mayor
JUL 2 5 2022
Rafael E. Granado, City Clerk _\fit ..08 APPROVED AS TO
FORM & LANGUAGE
' 's & FOR EXECUTION
JNfURP ORATED..
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ti,,,,,., City Attorney �A n Dote
Resolutions -C7 K
MIAMI BEACH
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Alina T. Hudak, City Manager
DATE: July 20, 2022
SUBJECT:A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, AUTHORIZING THE CITY MANAGER AND
CHIEF OF POLICE TO EXECUTE A MUTUAL AID AGREEMENT, ON
BEHALF OF THE MIAMI BEACH POLICE DEPARTMENT, WITH THE
UNITED STATES COAST GUARD BASE, MIAMI BEACH, FLORIDA, FOR
THE PURPOSE OF COORDINATING LAW ENFORCEMENT PLANNING,
OPERATIONS AND MUTUAL AID BENEFIT BETWEEN THE MIAMI BEACH
POLICE DEPARTMENT AND THE UNITED STATES COAST GUARD BASE,
MIAMI BEACH, FLORIDA.
BACKGROUND/HISTORY
Pursuant to Chapter 23 of the Florida State Statutes, known as the "Florida Mutual Aid Act", The
City of Miami Beach and the United States Coast Guard Base in Miami Beach have the
authority to enter into a Voluntary Cooperation and Operational Assistance Mutual Aid
Agreement.
ANALYSIS
As such, via the included Resolution, both government entities agree to continue their
partnership and execute Mutual Aid Agreements for the purpose of coordinating law
enforcement planning, operations, and mutual aid benefit.
SUPPORTING SURVEY DATA
N/A
FINANCIAL INFORMATION
N/A
CONCLUSION
The Miami Beach Police Department, therefore, requests the Mayor and the City Commission
to authorize the City Manager and the Chief of Police to execute a Mutual Aid Agreement with
the United States Coast Guard Base in Miami Beach.
Applicable Area
Citywide
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Is this a "Residents Right Does this item utilize C.O.
to Know" item. pursuant to Bond Funds?
City Code Section 2-14?
No No
Strategic Connection
Neighborhoods - Prevent and solve crime for residents and visitors.
Legislative Trackino
Police
ATTACHMENTS:
Description
❑ Resolution - Mutual Aid Agreement MBPD and USCG Base Miami Beach
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MUTUAL AID AGREEMENT BETWEEN THE CITY OF MIAMI BEACH, FLORIDA
AND U.S. COAST GUARD BASE MIAMI BEACH, FLORIDA
This Agreement made and entered into this 24'h day of May 2022,by and between the City of
Miami Beach, Florida and United States Coast Guard Base Miami Beach, Florida, each duly and lawfully
represented by the signatories executing this instrument.
WHEREAS, Florida law authorizes local governments to enter into reciprocal agreements for mutual aid
and for cooperation in the furnishing of police services;and
WHEREAS, the signatory U.S. Coast Guard commands in Miami Beach are authorized to enter into this
agreement in accordance with 14 U.S.C. § 141;and
WHEREAS,The City of Miami Beach is authorized to enter into this agreement in accordance with Florida
Statute§23.1225;and
WHEREAS,the signatory U.S.Coast Guard commands in desire Miami Beach enhanced police assistance
and emergency services;and
WHEREAS,the parties have determined that the provision of police aid across jurisdictional lines will
increase their ability to preserve the safety and welfare of the entire area;and
WHEREAS,it is deemed to be mutually beneficial to the parties hereto to enter into an agreement
concerning mutual aid and cooperation with regard to law enforcement;and
WHEREAS,the parties hereto desire to enhance the police protection and emergency response available
within the U.S.Coast Guard Base Miami Beach,and the City of Miami Beach,Florida,and
WHEREAS, the lands or districts of the parties hereto are adjacent or contiguous so that assistance in a
police service is deemed feasible;and
WHEREAS, it is permissible for the U.S. Coast Guard and the City of Miami Beach to make such an
agreement;and
WHEREAS,it is mutually deemed sound,desirable,practicable,and beneficial for the parties to this
Agreement to render assistance to one another in accordance with these terms.
THEREFORE BE IT AGREED THAT;
(I) Each party will endeavor to provide police support to the jurisdictions which are parties to this
agreement within the capabilities available at the time the request for such support is made and
within the terms of this agreement.
(2) Request for assistance pursuant to the terms and conditions of this agreement shall be made by the
City Manager or his designee or the Commanding Officer,U,S.Coast Guard Base Miami Beach or
his designee.
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(3) The Chief of the City of Miami Beach Police Department and the Commanding Officer of U.S.
Coast Guard Base Miami Beach are authorized and directed to draft and update, as deemed
necessary, detailed plans of operation and procedure for the technical implementation of this
agreement.
(4) The personnel of the requested jurisdiction shall render assistance under the direction of the official
designated by the requesting jurisdiction.
(5) Law enforcement support provided pursuant to this agreement shall include,but not he limited to,
the following resources: uniformed officers, canine officers, aerial support when maintained,
forensic support,plainclothes officers,special operations personnel and related equipment.
(6) Subject to the terms of this agreement,and without limiting in any way the other circumstances or
conditions in which mutual aid may be requested and provided under this agreement, the parties
hereto agree to provide assistance to the requesting jurisdiction in situations within their interest
requiring the mass processing of arrestees, and transportation of arrestces. The parties to this
agreement further agree to assist the requesting jurisdiction with security and operation of
temporary detention facilities on Coast Guard Base Miami Beach.
(7) Nothing contained in this agreement should in any manner be construed to compel any of the parties
hereto to respond to a request for police support when the police personnel of the jurisdiction to
whom the request is made are,in the opinion of the requested jurisdiction,needed or are being used
within the boundaries of that jurisdiction, nor shall any such request compel the requested
jurisdiction to continue to provide police support in another jurisdiction when its police personnel
or equipment, in the opinion of the requested jurisdiction, are needed for other duties within the
boundaries of its own jurisdiction.
(8) in addition to providing mutual aid upon request, police officers, agents and other employees of
either jurisdiction may enter the other jurisdiction,as appropriate,in furtherance of law enforcement
purposes,concerning any offense in which the entering police department may have a valid interest;
provided,that the entering personnel shall,immediately request such entry through the designated
official of the entered jurisdiction.
(9) The responsibility for investigation and subsequent actions concerning any criminal offense shall
remain with the jurisdiction that exercises venue over the offense. Entering police personnel shall
promptly notify the appropriate party upon discovery of a crime over which the courts of the City
of Miami Beach exercise venue.
•
Officers acting pursuant to this agreement shall be granted authority to enforce the laws of the
State of Florida and to perform the other duties of a law enforcement officer,such authority shall
be in conformance with Florida Statute Section 23.1225,as may be applicable.
1? All police officers,agents,and other employees of the parties to this agreement shall have the same
powers, rights, benefits, privileges, and immunities in each jurisdiction subscribing to this
agreement, including the authority to make arrests in each jurisdiction subscribing to this
agreement.
(12) The services performed and expenditures made under this agreement,which are found to be in the
line of duty,shall be deemed to be for public and governmental purposes and all immunities from
liability enjoyed by all parties to this agreement within its boundaries shall extend to its
Page 293 of 1502
participation in rendering assistance outside its boundaries, it is understood that for the purpose of
this agreement,the responding party is rendering aid once it has entered the jurisdiction boundaries
of the party receiving assistance.
(13) All pensions,relief,disability,workman's compensation,life and health insurance,or other benefits
enjoyed by said employees shall extend to the services they perform under this agreement outside
their respective jurisdictions.
(14) Miami Beach Police Department personnel and vehicles will be permitted access through the gate
of the U.S. Coast Guard Base Miami Beach, without delay when responding to emergency
situations; however, they shall inform security personnel of their destination. Security personnel
will maintain a log of all emergency vehicles entering the base and will provide an escort for
emergency vehicles when practical.
(15) The United States Coast Guard is an agency of the Federal Government and,as such,is self-insured
for tort and contract liability or any other damages caused by the official activities of the U. S.
Coast Guard.The City of Miami Beach is a political subdivision of the State of Florida and is self-
insured.
(16) The United States'liability for damage to or loss of property,personal injury or death resulting from
the official activities of the Coast Guard shall be governed by relevant federal statutes which may
authorize a cause of action against the United States including the Federal Tort Claims Act (28
U.s.c.2671-2680),the Contract Disputes Act of 1978(41 U.S.C. 601-613), the Military
Claims Act(10 U.S.C.§2733),the suits in Admiralty Act(46 U.S.C.§741-752),and the governing
Federal Regulations found at 33 C.F.R.Part 25.
(17) The Coast Guard point of contact for the Miami Beach Police Department shall be the Base
Command Security Officer.
(18) Nothing in this agreement is intended to conflict with current law or regulation or the directives of
the United States Coast Guard or Department of Homeland Security.If a term of this agreement is
inconsistent with such authority, then that term shall be invalid, but the remaining terms and
conditions of this agreement shall remain in full force and effect.
(19) The terms of this agreement will become effective upon the signatures of ail of the parties below.
(20) All parties will review this agreement every two years
(21) This agreement supersedes all previous written or oral understandings relating to the provisions of
mutual law enforcement services.
(22) This agreement may be modified upon the mutual written consent of the parties.
(23) The terms of this agreement, as modified with the consent of both parties, will remain in effect
until upon agreement of the parties.Either party upon 30 days written notice to the other party may
terminate this agreement.
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APPROVED BY:
City Manager Date
City of Miami Beach,Florida
Commanding Officer Date
United States Coast Guard
Base Miami Beach
Miami Beach,Florida
Police Chief Date
City of Miami Beach
Miami Beach,Florida
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