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2000-23771 RESO RESOLUTION NO. 2000-23771 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, APPROVE AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE THE ATTACHED MUTUAL AID AGREEMENT WITH INDIAN CREEK VILLAGE, FLORIDA, FOR THE PURPOSE OF COORDINATING LAW ENFORCEMENT PLANNING, OPERATIONS, AND MUTUAL AID BENEFITS BETWEEN CITY OF MIAMI BEACH AND INDIAN CREEK VILLAGE. WHEREAS, it is the responsibility of the respective governments of the City of Miami Beach and Indian Creek Village, 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 services, personnel, equipment, or facilities of the City of Miami Beach Police Department or the Indian Creek Public Safety Department; 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 ofthe City of Miami Beach and Indian Creek Village; and WHEREAS, the City of Miami Beach and Indian Creek Village 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 authorized to execute the attached Mutual Aid Agreement with Indian Creek Village, Florida, for the purpose of coordinating law enforcement plarming, operations, and mutual aid benefits between City of Miami Beach and Indian Creek Village. PASSED and ADOPTED this 26th day of January .2000'lJ/VIli MAYOR ATTEST: ~~{ r pauLt, . CITY CLERK APPROVED AS TO FORM & LANGUAGE & FOR EXECUTION ~~ CITY OF MIAMI BEACH CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139 http:\\ci.miami-beach.fl.us COMMISSION MEMORANDUM No.1 Y - 0 0 TO: Mayor Neisen O. Kasdin and Members of the City Commission DATE: January 26, 2000 FROM: Lawrence A. Levy ~ City Manager SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AUTHORIZING THE MAYOR AND THE CITY CLERK TO EXECUTE, ON BEHALF OF THE CITY OF MIAMI BEACH, A MUTUAL AID AGREEMENT WITH INDIAN CREEK VILLAGE, FLORIDA, FOR THE PURPOSE OF COORDINATING LAW ENFORCEMENT PLANNING, OPERATIONS, AND MUTUAL AID BENEFIT BETWEEN THE CITY OF MIAMI BEACH AND INDIAN CREEK VILLAGE. ADMINISTRATION RECOMMENDATION Adopt the Resolution. ANAL YSIS The City of Miami Beach and Indian Creek Village, 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 the Miami Beach Police Department or the Indian Creek Village Public Safety Department believe that it is beneficial for each to participate in a Mutual Aid Agreement as authorized by Chapter 23, Florida Statues. The current Mutual Aid Agreement between the City and Indian Creek Village expired on December 24, 1999. This is a renewal of an agreement that has been in existence since 1990. By adopting this Resolution, the Mutual Aid Agreement between the City and Indian Creek Village will be extended to January 1, 2005. LAL\~&>\l~MMS F:\POLI\TECHSERV\POLICIES\COM_MEMO\mutual aid agreement indian creek village.mem.wpd DATE C-l& '-2~~DO AGENDA ITEM MUTUAL AID AGREEMENT Between Indian Creek Village and the City of Miami Beach WHEREAS, it is the responsibility of the governments of the Indian Creek Village, 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 ofthe participating municipal po lice 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 Miami-Dade County municipalities; and WHEREAS, the participating Miami-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 Indian Creek Village, 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: I. 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 Indian Creek Village Public Safety Department or the Miami Beach Police Department. C. Agency Head: Either the Chief of the Indian Creek Village Public Safety Department, or the Chiefs designees, and the Chief of Police of the Miami Beach Police Department, or the Chiefs designees. D. Participating municipal police department: The police department of any municipality in Miami-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 which 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 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 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 ordinances 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 ofthis 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 ofthe operation ofthe 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, 2005, 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 ofthe Chief executive officers of the parti her OWLEDGED this Jt fl day of flJ7f(~'1 PJ4 ' Mayor ,Miami Beach, Florida Neisen Kasdin ,;;ltI);lJ ~ Village Manager, Indian Creek Village, Florida ATTEST: ATTEST: =VllLu j ~U{Lrz,- Clerk, Miami Beach, Florida Robert Parcher APPROVED AS TO FORM AND LEGAL SUFFICIENCY APP~;;'7RH:L&:;:CY A::tm~ Village Attorney, Indian Creek Village, Florida JOINT DECLARATION OF THE CHIEF OF THE CITY OF MIAMI BEACH POLICE DEPARTMENT AND THE CHIEF OF THE INDIAN CREEK VILLAGE PUBLIC SAFETY 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 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. In compliance with, and under the authority of, the Mutual Aid Agreement, hereto entered into by the City of Miami Beach, Florida and the Indian Creek Village, 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 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, coordinated off-duty work, and missing persons calls. 9. Participating in exigent situations without a formal request that are spontaneous occurrences such as area searches for wanted subjects, perimeters, crimes in progress, escaped prisoners. Traffic stops near municipal boundaries, request for assistance and no local unit is available or nearby, calls or transmissions indicating an officer is injured, calls indicating a crime of incident has occurred in which a citizen may likely be injured and the assisting municipality is closer to the area than 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, canine, motorcycle, crime scene, marine patrol enforcement or investigation, and police information. 16. Joint training in areas of mutual need. 17. Mutual enforcement of all existing applicable laws and ordinances and exercise of arrest powers within the area compromising the jurisdictional waters within respective municipal boundaries. DATE: { v(--v( r DATE: I~ ATTEST: :~EST .' i lec\. (f Miami Beach, City Clerk r ? iIll(~/L._ APPROVED AS TO FORM & LPJ.!GUI\C;.r:: & FOR EXE L' C;\j 1Uff&b y 3_1 dtJ "l