94-21430 ResoRESOLUTION NO. 94-21430
A RESOLUTION OF THE MAYOR AND CITY COMMISSION
OF THE CITY OF MIAMI BEACH,. FLORIDA,
AUTHORIZING THE MAYOR AND CITY CLERK TO
EXECUTE, ON BEHALF OF THE CITY OF MIAMI BEACH
POLICE DEPARTMENT, A MUTUAL AID AGREEMENT
WITH METROPOLITAN DADE COUNTY, FOR THE
PURPOSE OF COORDINATING LAW ENFORCEMENT
PLANNING, OPERATIONS, AND MUTUAL AID BETWEEN
THE COUNTY AND THE CITY OF MIAMI BEACH.
WHEREAS, it is the responsibility of the governments of the City of Miami Beach and
Metropolitan Dade County, 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 the services, personnel, equipment, or facilities of the City of Miami Beach
Police Department or the Metropolitan Dade County Police Department; and
WHEREAS, in order to ensure the preparation of these law enforcement agencies will be
adequate to address any and all 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 County of Dade; and
WHEREAS, the City of Miami Beach and Metropolitan Dade County 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 and City Clerk are
hereby authorized to Execute, on behalf of the City of Miami Beach Police Department, a Mutual Aid
Agreement with Metropolitan Dade County, for the purpose of coordinating law enforcement
planning, operations, and mutual aid between the City of Miami Beach and Metropolitan Dade
County.
PASSED and ADOPTED this 21st
ATTEST:
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-
CITY CLERK
RJA/ks
(cAwpdocs\ ja\rmtaid2.res)
2
FORM APPROVED
Legal Dept.
By
Date ��• t b-��I
CITY OF MI.A-.MI BEACH
CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH FLORIDA 33139
COMMISSION MEMORANDUM NO. J
TO: Mayor Seymour Gelber and DATE: December 21, 1994
Members of the City Commission
FROM: Roger M. Carlto
City Manager 40P��
SUBJECT: MUTUAL AID AGREEMENT BETWEEN THE CITY OF MIAMI BEACH AND
METROPOLITAN DADE COUNTY
ADMINISTRATION RECOMMENDATION
The Administration recommends that the Mayor and City Commission
approve the Mutual Aid Agreement between the City and Metropolitan
Dade County.
The City of Miami Beach and Metropolitan Dade County, 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.
The current Mutual Aid Agreement between the City and Metropolitan
Dade County expires at the end of 1994 and this is a renewal of that
agreement that has been in existence since 1990. During the
existence of the Mutual Aid Agreement, the City of Miami Beach has.
called upon Dade County approximately six times, and Dade County has
called upon the City on one occasion, specifically during Hurricane
Andrew.
CONCLUSION
By approving this resolution the Mutual Aid Agreement between the
City of Miami Beach and Metropolitan Dade County will be extended
until the year 2000.
RMC/SDR/FC/MMS/lml
AGENDA ITEM C ` -1 —
DATE 1 Z - 2 1 " 14
MUTUAL AID AGREEMENT
Between Metropolitan Dade County and Participating
Municipal Police Departments
Whereas, it is the responsibility of the governments of Metropolitan Dade County,
Florida and the participating Dade County municipalities 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 are
likely to be, beyond the control of the services, personnel, equipment, or facilities of the
Metro -Dade Police Department or 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 County of Dade and the
participating Dade County municipalities; and
Whereas, Metropolitan Dade County and 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 Dade County, a political 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:
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 a requested operational assistance agreement, as
described in Chapter 23, Florida Statutes.
3. Definitions:
a. Joint declaration: A document which enumerates the various conditions or
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
declarations with the clerks of the respective political subdivisions.
b. Agency or participating law enforcement agency: Either the Metro -Dade
Police Department or the participating municipal police department.
c. Agency head: Either the Director of the Metro -Dade Police Department, or
the Director's designees; and the Chief of Police of the participating
municipal 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 that 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
whom 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.
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, 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 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 this Mutual Aid Agreement.
The provisions 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 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, 2000. 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.
ATTEST:
ity Clerk, City of Miami 11, qS
Beach, Florida
APPROVED AS TO FORM AND LEGAL
SUFFI E CY:
7L
City Attorney, City of Miami
Beach, Florida
, 1995.
ATTEST:
�•All
.
DA �:
Coup lerk, Dad Coin!* 1-
APPROVED AS TO FORM AND LEGAL
SUFFICIENCY:
4?, A(A
County Attorney, Dade County,
Florida
JOINT DECLARATION OF THE DIRECTOR OF THE METRO-DADE 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:
participating in law enforcement activities that are preplanned and approved by each
respective agency head, or
• appropriately dispatched in response to a request for assistance from the other law
enforcement agency.
In compliance with .and under the authority of the Mutual Aid Agreement heretofore
entered into by The City of Miami Beach and Dade County, 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 muitijurisdictional 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, per control, back-ups to
emergency and in -progress calls, pursuits, and missing person calls.
9. Enemy attack.
10. Transportation of evidence requiring security.
11. Major events; e.g., sporting events, concerts, parades, fairs, festivals, and conventions.
12. Security and escort duties for dignitaries.
13. Emergency situations in which one agency cannot perform its functional objective.
14. Incidents requiring utilization of specialized units; e.g., underwater recovery, aircraft,
canine, motorcycle, bomb, crime scene, marine patrol, and police information.
15. Joint training in areas of mutual need.
16. Joint multijurisdictional marine interdiction operations.
The following procedures will apply in mutual aid operations:
1. Mutual aid requested or rendered will be approved by the Director/Chief of Police or
designee.
2. Specific reporting instructions for personnel rendering mutual aid should be included
in the request for mutual aid. In the absence of such instructions, personnel will report
to the ranking on -duty supervisor on the scene.
3. Communications instructions will be included in each request for mutual aid and the
Metro -Dade Police Department Communications Bureau will maintain radio contact
with the involved agencies until the mutual aid situation has ended.
4. Incidents requiring mass processing of arrestees, transporting prisoners, and operating
temporary detention facilities will be handled per established procedures.
DATE: ` �( �l 4 4XL DATE: —// 1u
Fred Taylor, Director Richard Barreto, Acting Chief
Metro -Dade Police Department City of Miami Beach Police
Department
ATTEST : ;`_k
con rr m
R 1'0 �•.
Co Clerk
ATTEST
City Cler t f (44,r
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By!
Date