Resolution 2024-32947 RESOLUTION NO. 2024-32947
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, PROCEED WITH THE GRANT FUNDED PURCHASE OF THE
BALLISTIC ENGINEERED ARMORED RESPONSE COUNTERATTACK
TRUCK (BEARCAT), TO BE USED IN ACCORDANCE WITH THE NEW FEMA
PROHIBITED OR CONTROLLED EQUIPMENT POLICY.
WHEREAS, the Administration applies for grants and external funding from
outside organizations; and
WHEREAS, the Administration and Police Department request approval to
proceed with the grant funded purchase-of the Ballistic Engineered Armored Response
Counterattack Truck (BEARCAT), to be used in accordance with the new FEMA
prohibited or controlled equipment policy; and
WHEREAS,'at the September 14, 2022, the City Commission approved Resolution
2022-32278, authorizing the City Manager or her designee to apply for, and accept
funding, execute any and all documents or agreements, and appropriate funding received
by the City of Miami Beach in connection with several grant programs and agreements,
including $365,000 from the Urban Area Security Initiative (UASI) grant program, under
the U.S. Department of Homeland Security (DHS), Federal Emergency Management
Agency (FEMA). Of that amount, $265,000 was identified for the Miami Beach Police
Department (MBPD) to purchase a Ballistic Engineered Armored Response
Counterattack Truck (BEARCAT) to respond to critical events. Matching funds were not
required for this grant program; and
WHEREAS, since then, FEMA has adopted Policy 207-22-0002, Prohibited or
Controlled Equipment under FEMA Awards (attached). This policy prohibits recipients
and subrecipients from purchasing certain types of equipment and set requirements and
procedures by which recipients and subrecipients may purchase controlled equipment
under FEMA federal financial assistance awards. The list of prohibited equipment
includes any vehicles without a commercial application, including all tracked and armored
vehicles such as BEARCAT; and
WHEREAS, the policy specifies, however, that non-commercial vehicles used
exclusively for one or more of the following activities are not prohibited: 1) Disaster-related
emergencies, 2) Active shooter scenarios, 3) Hostage or other search and rescue
operations, 3) Anti-terrorism preparedness, protection, prevention, response, recovery,
or relief; and
WHEREAS, the BEARCAT the Miami Beach Police Department (MBPD) plans to
purchase with the$265,000 UASI funds is on the list of prohibited or controlled equipment
(FEMA Policy 207-22-0002). The MBPD, however, intends to utilize the BEARCAT for
purposes meeting the exceptions listed in FEMA Policy 207-22-0002; and
WHEREAS, MBPD will utilize the BEARCAT vehicle in accordance with the above
policy guidelines, by limiting the use of the vehicle to operations involving hostage rescue
situations, search and rescue operations, and response to active shooter incidents or to
incidents (such as standoffs with armed barricaded subjects) that have a high risk of
developing into an active shooter situation. For other high-risk operations, such as
performing high risk warrant services, the vehicle will be stationed off site a short distance
from the operation, so that it can be quickly deployed if the operation develops into one
of the scenarios contemplated by FEMA policy 207-22-0002, such as an active shooter
or armed barricaded scenario.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City
Commission hereby authorize the Police Department to proceed with the grant funded
purchase of the Ballistic Engineered Armored Response Counterattack Truck
(BEARCAT), to be used in accordance with the new FEMA prohibited or controlled
equipment policy.
PASSED and ADOPTED this I3 day of MArck , 2024.
ATTEST:
Steven Meiner, Mayor
781 MAR 1 5 2024
Rafael E. Granado, City Clerk
APPROVED AS TO
_= _ FORM & LANGUAGE
'IN(ORP ORATED
& FOR EXECUTION
" c , City Attorney .gra. Date
Resolutions-C7 F
MIAMI BEACH
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Alina T. Hudak, City Manager
DATE: March 13, 2024
SUBJECT:A RESOLUTION OF THE MAYOR AND CITY. COMMISSION OF THE CITY
OF MIAMI BEACH, AUTHORIZING THE POLICE DEPARTMENT TO MOVE
FORWARD WITH THE GRANT FUNDED PURCHASE OF THE BALLISTIC
ENGINEERED ARMORED RESPONSE COUNTERATTACK TRUCK
(BEARCAT), TO BE USED IN ACCORDANCE WITH THE NEW FEMA
PROHIBITED OR CONTROLLED EQUIPMENT POLICY.
RECOMMENDATION
Adopt the Resolution.
BACKGROUND/HISTORY
At the September 14, 2022, the City Commission approved Resolution 2022-32278 (attached),
authorizing the City Manager or her designee to apply for, and accept funding, execute any and
all documents or agreements, and appropriate funding received by the City of Miami Beach in
connection with several grant programs and agreements, including $365,000 from the Urban
Area Security Initiative (UASI)grant program, under the U.S. Department of Homeland Security
(DHS), Federal Emergency Management Agency (FEMA). Of that amount, $265,000 was
planned for the Miami Beach Police Department (MBPD) to purchase a Ballistic Engineered
Armored Response Counterattack Truck (BEARCAT) to respond to critical events. Matching
funds were not required for this grant program.
Since then, FEMA has adopted Policy 207-22-0002, Prohibited or Controlled Equipment under
FEMA Awards (attached). This policy prohibits recipients and subrecipients from purchasing
certain types of equipment and set requirements and procedures by which recipients and
subrecipients may potentially purchase controlled equipment under FEMA federal financial
assistance awards.
The list of prohibited equipment includes any vehicles without a commercial application,
including all tracked and armored vehicles. This prohibition includes, but is not limited to:
1. Armored Vehicles, Wheeled: Any wheeled vehicle either purpose-built or modified to
provide ballistic protection to its occupants, such as a Mine-Resistant Ambush Protected
(MRAP)vehicle or an Armored Personnel Carrier. These vehicles are sometimes used by
law enforcement personnel involved in dangerous operating conditions, including active
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shooter or similar high-threat situations. These vehicles often.have weapon-firing ports.
2. Tactical Vehicles, Wheeled: A vehicle purpose-built to operate on- and off-road in support of
military operations, such as a HMMWV("Humvee"), 2.5-ton truck, 5-ton truck, or a vehicle with
a breaching or entry apparatus attached. These vehicles are sometimes used by law
enforcement in rough terrain or inclement weather for search and rescue operations, as well as
other law enforcement functions.
The policy specifies, however, that non-commercial vehicles used exclusively for once or more
of the following activities are not prohibited:
1. Disaster-related emergencies
2. Active shooter scenarios
3. Hostage or other search and rescue operations
4. Anti-terrorism preparedness, protection, prevention, response, recovery, or relief
The policy then lists the different requirements for agency to purchase equipment on the
prohibited list that meet the exception eligibility.
ANALYSIS
The BEARCAT the Miami Beach Police Department (MBPD) plans to purchase with the
$265,000 UASI funds is on the list of prohibited or controlled equipment(FE MA Policy 207-22-
0002). The MBPD, however, intends to utilize the BEARCAT for purposes meeting the
exceptions listed in the above policy.
More specifically, the MBPD will limit the use of this vehicle to operations involving hostage
rescue situations, search and rescue operations, and response to active shooter incidents or to
incidents (such as standoffs with armed barricaded subjects)that have a high risk of developing
into an active shooter situation. For other high-risk operations, such as performing high risk
warrant services, the vehicle will be stationed off site a short distance from the operation, so that
it can be quickly deployed if the operation develops into a more hazardous incident, such as an
active shooter or an armed barricaded situation. According to the National Tactical Officers
Association's Tactical Response and Operations Standard for Law Enforcement Agencies,
ballistic, high-water, emergency response vehicle capabilities are considered best practice for
Tier 1 tactical teams such as the MBPD SWAT Team.
In addition, the MBPD will work with regional partners to ensure the vehicle is used in all anti-
terrorism preparedness, protection, prevention, response, recovery, or relief operations. This
will include operations to detain individuals suspected of plotting extremist violence, aiding
Explosive Ordnance Disposal (EOD) technicians in the event that explosive devices or other
hazardous materials are discovered in the area, response to situations where a terrorist or
extremist might be threatening civilians or law enforcement with gunfire or other weapons, or
(working in coordination with event planners and local officials) stationing the vehicle at events
and facilities that have been the subject of credible terroristic threats to act as a preventative
measure. The acquisition and availability of this asset to the MBPD provides yet another tool to
mitigate risk and liability in high-risk critical incidents.
Lastly, the MBPD will work in coordination with first responders within the city and throughout the
region, to ensure that the vehicle is available to be utilized during and in the immediate aftermath
of natural disaster related emergencies. In our area, this will particularly involve use in
performing rescues and evacuations during hurricanes and tropical storms when high wind
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speeds may render other vehicles (including ambulance and fire trucks)inoperable. The MBPD
will also make the vehicle available for relief operations in the aftermath of such storms and in
unrelated flooding events when water levels may prevent other emergency rescue vehicles from
traversing local roadways.
Based on the utilization of the vehicle and based on MBPD meeting the other requirements
listed in FEMA Policy 207-22-0002, the MBPD believes that FEMA will authorize the purchase
of the BEARCAT once the MBPD provides all the required documentation for exceptions.
One of the requirements is that"the recipient or subrecipient must provide evidence of approval
or concurrence by the jurisdiction's governing body (e.g., City Council, County Council, Mayor)
for the acquisition of the requested excepted or controlled equipment. Evidence of the
governing body's approval or concurrence should be explicit."
SUPPORTING SURVEY DATA
In the 2022 Resident Satisfaction Survey, "quality of police services" was ranked second
highest in the "top six City services that residents indicated they think are the most important to
them".
FINANCIAL INFORMATION
N/A
CONCLUSION
The MBPD is requesting that the Mayor and Commissioners approve this resolution, thus
ensuring that the above requirement is met.
Applicable Area
Citywide
Is this a"Residents Right Does this item utilize G.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
Finance/Police
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