95-21797 Reso RESOLUTION NO. 95-21797
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
TOWN OF SURFSIDE, FLORIDA, AND FURTHER AUTHORIZING
THE POLICE CHIEF OF THE CITY OF MIAMI BEACH TO
EXECUTE A JOINT DECLARATION PURSUANT TO SAID
AGREEMENT.
WHEREAS, the City of Miami Beach desires to enter into an
Agreement with the Town of Surfside, Florida, for the purpose of
coordinating law enforcement planning, operations, and mutual aid
between the City and Town of Surfside; and
WHEREAS, the City Manager has recommended the attached Mutual
Aid 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 Town of Surfside,
Florida, and the Police Chief is hereby authorized to execute the
accompanying Joint Declaration pursuant to said Agreement.
PASSED and ADOPTED this 25th day of Sctober , 1995.
41. /
MAYOR
ATTEST:
ORM APPRO'V J
LE AL DE T.
CITY CLERK
By
Date waygJ _ .
JGP/RB/SDR/FC/MMS/rad
CITY OF MIAMI BEACH
CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH FLORIDA 33139
COMMISSION MEMORANDUM NO. '7 7,- 5
TO: Mayor Seymour Gelber and
Members of the City Commission DATE: October 25, 1995
FROM: Jose Garcia-Pedrosa
City Manager
SUBJECT: MUTUAL AID A EEMENT BETWEEN THE CITY OF MIAMI BEACH AND
THE TOWN OF SURFSIDE
ADMINISTRATION RECOMMENDATION
The Administration recommends that the Mayor and City Commission
approve the Mutual Aid Agreement between the City and the Town of
Surfside_
BACKGROUND
The City of Miami Beach and the Town of Surfside, 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 City of Miami Beach and the Town of Surfside have had an existing
Mutual Aid Agreement for over 10 years. This is a renewal of that
agreement1 and no terms or conditions have changed.
CONCLUSION
This Mutual Aid Agreement will benefit both the citizens of the City
of Miami Beach and the Town of Surfside.
JGP/RB/ •R/FC/MMS/rad
•
AGENDA ITEM
DATE 1 O-aS-q S
MUTUAL AID AGREEMENT
Between The Town of Surfside, Florida and
The City of Miami Beach, Florida
Whereas, it is the responsibility of the governments of the
Town of Surfside, 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 where are, or are likely to be, beyond the
control of the services, personnel, equipment, or facilities of the
participating municipal police department; 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 participating
municipalities; and
Whereas, the participating 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 the Town of Surfside, a political
subdivision of the State of Florida, and the City of Miami Beach,
a political subdivision 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 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 Town of Surfside Police Department or
the City of Miami Beach Police Department.
c. Agency head: Either the Chief of Police of the
Town of Surfside Police Department, or the Chief 's
designees; and the Chief of Police of the City of
Miami Beach Police Department, or the Chief's
designees.
d. Participating municipal police department: Either
the Town of Surfside Police Department, or the City
of Miami Beach Police Department.
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 authority 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 employee 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 engage in rendering such
aid. Such compensation shall also include all
benefits normally due such employees.
d. All exemption for 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 engage 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 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 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 TO AND ACKNOWLEDGE this day '-f , 1995.
&Li- /
id / / /
Tow anager, Town of ir•ur Gelber, Mayor, City of
Surfside, Florida 4 i Beach, Florida
ATTEST: , ' ST:
..- 11::: 1(
Tow C Town o Surside, C ty Clerk, City of Miami Beach,
Flo id lorida
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY: FORM AP,'
LEGAL
__
Town orney; Town of By r
Surf de, Florida Date /1/(j/9)
•
JOINT DECLARATION OF THE CHIEF OF THE TOWN OF
SURFSIDE POLICE DEPARTMENT AND
THE CHIEF OF THE CITY OF MIAMI BEACH POLICE
DEPARTMENT PURSUANT TO MUTUAL AID AGREEMENT
A 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 Town of Surfside and The
City of Miami Beach, 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 multijurisdictional 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, perimeter
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.
ZitDATE: i ! qq3 DATE: )Z �53
Chi f Terrill Williamson, own Ch'ef R' chard Barreto, City of
of Surfside Police Department Miami Beach Police Department
ATTEST ATTEST
*4
Town Cl rk, own of Surfside ity erk, City of Miami Beach
FORM APPPO7`-�l
LEGAL� D EF .
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By " "�
Date /dn//�Y