94-21429 ResoRESOLUTION NO. 94-21429
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, AUTHORIZING THE MAYOR AND
CITY CLERK TO EXECUTE A MUTUAL AID AGREEMENT BETWEEN
THE CITY OF MIAMI BEACH AND THE VILLAGE OF INDIAN CREEK,
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 Village
of Indian Creek, Florida, for the purpose of coordinating law enforcement planning, operations, and
mutual aid between the City and Indian Creek; and
WHEREAS, the City Manager has recommended the Agreement and the City Attorney has
approved it as to form.
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 the attached Mutual Aid Agreement between the City of Miami
Beach and the Village of Indian Creek, Florida, and the Police Chief is hereby authorized to execute
the Joint Declaration which is attached hereto.
PASSED and ADOPTED this 2-1st day of/J December , 1994.
ATTEST:
CITY CLERK
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FORM APPROVED
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CITY
MIAM!
BEACH
CITY HALL 1700 CONVENTION CENTFR DR
COMMISSION MEMORANDUM NO. -9 rFI
To: Mayor Seymour Gelber and
Members of the City Commission
FROM: Roger M. Carlton
A4Vf----
City Manager
DATE: December 21, 1994
SUBJECT: MUTUAL AID AGREEMENT BETWEEN THE CITY OF MIAMI BEACH AND
THE VILLAGE OF INDIAN CREEK
ADMINISTRATION RECOMMENDATION
The Administration recommends that the Mayor and City Commission
approve the Mutual Aid Agreement between the City and the Village of
Indian Creek.
The City of Miami Beach and the Village of Indian Creek, 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 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.
This is a new agreement between the City of Miami Beach and the
Village of Indian Creek.
CONCLUSION
This Mutual Aid Agreement will benefit both the citizens of the City
of Miami Beach and the Village of Indian Creek.
RMC/SDR/FC/MMS/lml
AGENDA ITEM C--
DATE 12- 21 - qq
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i
RESOLUTION NO. 94-135
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF INDIAN CREEK
AUTHORIZING THE MAYOR AND THE CITY CLERK TO EXECUTE A MUTUAL AID
AGREEMENT BETWEEN THE CITY OF MIAMI BEACH AND THE VILLAGE OF
INDIAN CREEK, FLORIDA, AND AUTHORIZING THE POLICE CHIEF OF THE CITY
OF MIAMI BEACH TO EXECUTE A JOINT DECLARATION
WHEREAS, the Village of Indian Creek desires to enter into an agreement with
The City Of Miami Beach,Florida for the purpose of coordinating law enforcement
planning, operations and mutual aid between the City and Indian Creek; and
WHEREAS, the City Manager has recommended the Agreement and the City
Attorney has approved it as to form.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE VILLAGE COUNCIL OF
THE VILLAGE OF INDIAN CREEK,that the Mayor and the City Clerk are hereby
authorized to execute the attached Mutual Aid Agreement between the City of Miami
Beach and the Village of Indian Creek, Florida, and the Police Chief is hereby
authorized to execute the Joint Declaration which is attached hereto.
NCM/lam
PASSED AND ADOPTED THIS/00 day ofN401/ 1994.
MUTUAL AID AGREEMENT
Between the Village of Indian Creek Public Safety Department
and the City of Miami Beach
WHEREAS, it is the responsibility of the governments of the Village of Indian Creek,
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 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
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 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 village of Indian Creek, subdivision of the
State of Florida, and the undersigned representatives, 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:
Short title: Mutual Aid Agreement
2. Description: Since the Mutual Aid Agreement provides for the
requesting rendering of assistance for both routine and law enforcement
intensive situation, 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.
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 Village of Indian Creek Public Safety Department or the
participating municipal police department.
c. Agency Head: Either the Chief of the Indian Creek Public Safety Department,
of the Chiefs designees, and the Chief of Police of the participating municipal
police department, or the Chiefs 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.
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 has 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 unreasonable 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 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, 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 the services, personnel, 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 it's employees rendering aid pursuant to this Agreement,
during the time of 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 for 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
extraterritorial under the provisions of this Mutual Aid Agreement. The
provision of this Agreement shall apply with equal effect to paid and auxiliary
employees. .
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 it's
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 the
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 1st, 2000,under no circumstances may
this Agreement be renewed, amended or extended except in writing.
10. Cancellation: This Agreement may be canceled 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.
AGREED
T.-
OWLEDGED this
Indian Creek, Florida
Florida
APPROVED AS TO FORM AND LEGAL SUFFICIENCY:
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Village Attorney, Village of IndITn Creek, Florida
ur. _.Ge 1ber=,--May,or
of Miami- Beach
. City Clerk, City of Miami Beach, Florida
APPROVED AS TO FORM AND LEGAL SUFFICIENCY
City Attorney, city of Miami Beach, Florida
•' 1
Date _'12-'
JOINT DECLARATION OF THE CHIEF OF THE CITY OF MIAMI BEACH POLICE
DEPARTMENT AND THE CHIEF OF THE VILLAGE OF INDIAN CREEK PUBLIC
SAFETY 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:
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, hereto entered
into by the City of Miami Beach, Florida and the Village of Indian Creek, 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.
Joint multi jurisdictional criminal investigations
2. Civil affray or disobedience, disturbances, riots, large protest
demonstrations, controversial trails, 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 limiting 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 disturbance within detention facilities.
7. Hostage and barricaded subject situations, and aircraft piracy.
8. Control of major crime scenes, area searches, perimeter control, backups
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 -"1 5-" and no local unit is available or
nearby, calls or transmissions indicating as officer is injured, calls indicating
a crime of incident has occurred is which a citizen may likely be injured and
the assisting municipality is closer to the area that 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.
17. Off -Duty Police Services: Indian Creek Village will be totally responsible for
their officers, to include, but not limited ,arrest, pension, insurance,
disability insurance and -workmen's c pen ation.
DATE: r/ DATE:
Chief of dty of Miami Beach Police Chi of Villag of Indian Creek Public
Department, Miami Beach, Florida Safety Department, Indian Creek, Florida
Leonard A. Matarese
ATTEST:
City of Miami Beach, City Clerk