HomeMy WebLinkAboutReso 2019-2999 RESOLUTION NO. 2019 - Z191
A RESOLUTION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA,
AUTHORIZING THE CITY OF SUNNY ISLES BEACH TO ENTER INTO
MUTUAL AID AND JOINT DECLARATION AGREEMENTS WITH THE
THE VILLAGE OF BAL HARBOUR, THE TOWN OF BAY HARBOR
ISLANDS,
THE TOWN OF GOLDEN BEACH,THE VILLAGE OF INDIAN
CREEK, CITY OF MIAMI BEACH, THE VILLAGE OF MIAMI SHORES,
CITY OF NORTH MIAMI,CITY OF NORTH MIAMI BEACH,THE TOWN
OF SURFSIDE, NORTH BAY VILLAGE, AND THE CITY OF MIAMI,
ATTACHED HERETO, IN SUBSTANTIALLY THE SAME FORM, AS
EXHIBIT "A"; AUTHORIZING THE MAYOR TO EXECUTE SAID
MUTUAL AID AND JOINT DECLARATION AGREEMENTS;
AUTHORIZING THE CITY MANAGER AND POLICE CHIEF TO DO ALL
THINGS NECESSARY TO EFFECTUATE THIS RESOLUTION;
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, it is the responsibility of Miami-Dade County municipalities to ensure the
public safety of their citizens by providing adequate levels of police service; and
WHEREAS,there exists the possibility of law enforcement problems and other natural and
el equipment or facilities
control of the services,
which are beyond the ersonn p
man-made conditions y
of the City of Sunny Isles Beach Police Department; and
WHEREAS, it is in the public interest of the City.of Sunny Isles Beach as well as the
participating Miami-Dade County municipalities to receive and extend mutual aid in the form of law
enforcement services and resources to adequately respond to continuing, multi jurisdiction law
enforcement problems, as well as intensive situations including but not limited to emergencies as
defined under Section 252.34 of the Florida Statutes,or requests for certain law enforcement services
specified herein and as defined under Section 23.1225 of the Florida Statutes; and
WHEREAS,the Florida Mutual Aid Act(Sections 23.12 - 23.127 of the Florida Statutes)
grants the City of Sunny Isles Beach and other participating agencies the authority to enter into
mutual aid agreements with each other to ensure that law enforcement agencies are prepared to
adequately address any and all of these conditions,to protect public peace and safety and to preserve
the lives and property of the people of the City of Sunny Isles Beach and participating Miami-Dade
County municipalities; and
WHEREAS,the City of Sunny Isles Beach desires to authorize entering into Mutual Aid and
Joint Declaration Agreements with the Village of Bal Harbour,Town of Bay Harbor Islands,Town
of Golden Beach, Village of Indian Creek, City of Miami Beach,Village of Miami Shores, City of
North Miami, City of North Miami Beach, Town of Surfside, North Bay Village, and the City of
Miami, attached hereto, in substantially the same form, as Exhibit "A".
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF SUNNY ISLES BEACH AS FOLLOWS:
Section 1. Authorization to enter into Mutual Aid and Joint Declaration Agreements. The City
Commission hereby authorizes the City of Sunny Isles Beach to enter into Mutual Aid and Joint
Page I of 2
Declaration Agreements with the Village of Bal Harbour, Town of Bay Harbor Islands, Town of
Golden Beach, Village of Indian Creek, City of Miami Beach, Village of Miami Shores, City of
North Miami, City of North Miami Beach, Town of Surfside, North Bay Village, and the City of
Miami, attached hereto, in substantially the same form, as Exhibit "A".
City Mayor is hereby 2. Authorization of Mayor. The C ty y authorized to execute Mutual Aid
and Joint Declaration Agreements between the City of Sunny Isles Beach and the Village of Bal
Harbour, Town of Bay Harbor Islands, Town of Golden Beach, Village of Indian Creek, City of
Miami Beach,Village of Miami Shores,City of North Miami,City of North Miami Beach,Town of
Surfside,North Bay Village,and the City of Miami,attached hereto, in substantially the same form,
as Exhibit"A".
Section 3. Authorization of City Manager and Police Chief. The City Manager and Police Chief
are hereby authorized to do all things necessary to effectuate this Resolution.
Section 4. Effective Date. This Resolution shall take effect immediately upon adoption.
PASSED AND ADOPTED this 1711 day of O• ober 2119.
t
George . Scholl, Mayor
•
ATT ST
041
TN ��►�11P�j��r j,,
\ r�r1 sJ :
IVIauricio Beta 'cur, CMC, City Clerk
v
APPROVED AS TO FORM
AND LEGAL SUFFICIENCY:
Edward A. Dion, City Attorney
CMoved by: Wk ICA(On4(2- UlSG4�
Seconded by: CbWIMItCLorf°2- GCsartetAld
Vote:
Mayor Scholl (Yes) (No)
Vice Mayor Svechin —I-(Yes) (No)
Commissioner Goldman ✓ (Yes) (No)
Commissioner Lama ✓ (Yes) (No)
Commissioner Viscarra I (Yes) (No)
Page 2 of 2
•
sJµ_N;Y,Is�.F.
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ty ® Sunn
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les Beach
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A ? p 18070 Collins Avenue . .
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,.,q Sunny Isles Beach, Florida 33160
y� °s) -`o¢.° tics (305)947-0606 City Hall
• `'*•or s i/'`' (305)949-3113 Fax .
. ._. ..-•,Itl EMOR/- NDUM..... .... ...:. .
• •• TO: The Honorable Mayor and City Commission
VIA: Christopher J. Russo, City Manager
• - FROM: Dwight P. Snyder, Chief of Police
DATE: 10/17/2019
•RE: Mutual Aid and Joint Declaration Agreement Renewals
RECOMMENDATION:
O •
It is recommended that the City Commission approve the ResolutionsMutual Aid and
authorizing the Mayorand Chiefof Police to renew the
Joint Declaration Agreements with the Village of Bal Harbour, Town of
• Bay Harbor Island, Town of Golden Beach, Village of Indian Creek,
City of Miami Beach, Village of Miami Shores, City of North Miami, City
of North Miami Beach, Town of Surfside, North Bay Village, and the
City of Miami.
•
REASONS:
The Florida Mutual Aid Act (Chapter 23, Florida State Statutes) grants
the City.of Sunny Isles Beach and other participating agencies the
authority to enter into mutual aid agreements in order to ensure that law
• enforcement agencies wll be prepared to adequately address any and
.. . . all conditions,"to protect public peace and safety and to preserve the . .
. • . . •. • . iives'and property of the public of the City of.Sunny Isles Beach and •
. participating Miami-Dade County municipalities
.• ADDITIONAL INFORMATION: •
•
Due to existing and continual occurrence of law enforcement problems
to include natural and man-made conditions beyond our control, it is in .
0 the public interest to renew the Mutual Aid Agreements, and related
Joint Declarations with the Village of Bal Harbour, Town of Bay Harbor
135
Island, Town of GOIden Beach, Village of Indian Creek, City of Miami
• Beach, Village of Miami Shores, City,of North Miami, City of North
Miami Beach; Town of Surfside, City of Miami and,the county of Miami-
0
Dade: • : :;.••
. - ATTACHMENTS:
• •
• Description •
Resolution
Mutual Aid/sllOint.Decljeretion-Template •
• Item Number: 10.A.
- .
1 .
• •
•
. .• , • , • . -
- "
• •.. " • . .
. ; • .
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•
• • • •
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•
136
MUTUAL AID AGREEMENT
Between the City of Sunny Isles Beach Police Department
and the Town of Surfside Police Department
WHEREAS, it is the responsibility of the governments of the City of Sunny Isles
Beach, Florida, and the Town of Surfside, 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 manmade conditions which
are, or are 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 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 City of Sunny Isles Beach,
subdivision of the State of Florida, and the undersigned representatives, in
consideration of 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 the Mutual Aid Agreement provides for the requesting
and rendering of assistance for both routine and intensive law
enforcement 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.
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
City of Sunny Isles Beach Police Department or the participating
municipal police department.
C. Agency Head: Either the Chief of the City of Sunny Isles Beach
Police Department, or the Chief'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 the municipality.
E. Certified law enforcement employees: 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 his available resources, and will respond
in a manner deemed appropriate.
B. Each party to this Agreement agrees to furnish necessary man
power, 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,
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 regularly
employed.
B. The political subdivision having financial responsibility for the law
enforcement agency providing the services, personnel, equip-
ment, 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 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 exemptions 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
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 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 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 conflict 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, 2025, and 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
discr- •. , of the chief executive officers of the parties hereto.
AGRE • A► P ACKNOWLEDGED is /4-day of ���•-�� , 20 � .
rte,
George H. :choll Guill mo medillo
Mayor, Tow Manager,
City o :u y I -s Beach, Florida Tow of S; side, Florida
A ATTES
x :4t,
Mau cio Bet. cur Sandra No Mir
��y "City Clerk, . Town Cler, ,
City of Sunny isles Beach, Florida Town of S rfs .e Florida
APPROVED AS TO FORM AND LEGALl FICIENCY: •
ed/t4/11- if�t �.a_./' 1.01
Edward Dion Li -n Arango
City Attorney, Town Attorney,
City of Sunny Isles Beach, Florida Town of Surfside, Florida
JOINT DECLARATION
OF THE CHIEF OF THE CITY OF SUNNY ISLES BEACH POLICE DEPARTMENT
AND THE CHIEF OF THE TOWN OF SURFSIDE 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, hereto
entered into by the City of Sunny Isles Beach, Florida, and the Town of
Surfside, 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 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, backups
to emergency and in-progress calls, pursuits, and missing persons 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, canine, motorcycle, crime scene, marine patrol enforcement or
investigation, and police information
15. Joint training in areas of mutual need
16. 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 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
17. Mutual enforcement of all existing applicable laws and ordinances and
exercise of arrest powers within the area comprising the jurisdictional
waters within respective municipal boundaries
DATE: /0A3/ -0/57 DATE: /2- i i 6Zoi
I
IP A1_ -A .._ �A.A,
Dwight P. Snyrer Juli: Yero
Chief of Police. Chief of Poli,e
Sunny Isles Beach, Florida Surfside, Florida
APPROV AS TO FORM AND LEGAL" FICIENCY:
)90
Edward Dion L'..n . Arango
City Attorney, Village Attorney,
Sunny Isles Beach, Florida Surfside, Florida
JOINT DECLARATION AMENDMENT UNDER
CITY OF SUNNY ISLES BEACH POLICE DEPARTMENT AND THE TOWN OF
SURFSIDE POLICE DEPARTMENT'S
MUTUAL AID AGREEMENT
This Amendment amends the Joint Declaration under the Mutual Aid Agreement
of , 20 , to include and permit concurrent marine patrol
related jurisdiction between agencies on the waters, waterways, canals,
channels, rivers, lakes, streams, and any and all other bodies of waters, including
the Intracoastal Waterway (ICW) that fall within either jurisdiction at this or any
future time during the term of the parties' Mutual Aid Agreement.
It will be agreed between both Chiefs of Police of the City of Sunny Isles Beach
and the Town of Surfside to the following conditions of concurrent marine patrol
related jurisdiction:
1. Both agencies will be permitted to patrol jurisdictional waters of either
jurisdiction, and to take enforcement actions as deemed appropriate
under city, state, and federal laws, rules, and regulations, and to write
boating law violation citations, make arrests, and to attend court on be-
half of the other agency.
2. Both agencies agree that any and all incidents, which require an initial
• (preliminary) police offense incident report (OIR), will be completed by
the agency making the initial contact. Any follow-up investigations that
are required are to be completed by the jurisdiction in which the incident
occurred regardless of which agency completed the original offense
incident report.
3. If an arrest is made by one agency that is operating in the jurisdictional
waters of the other agency, and that arrest results in asset forfeiture
proceedings, both agencies agree to a 50-50 share of the final asset
distribution following the payment of all expenses relating to the prose-
cution of the civil case. The jurisdiction of civil forfeiture action shall be
filed by seizing agency.
4. Both agencies have the right to set their own days and hours for marine
patrol and agree to provide assistance and aid to the other agency under
the spirit of the Mutual Aid Agreement.
This Amendment shall become effective upon the signing of both Chiefs of Police
and shall remain in effect until either the current Mutual Aid Agreement and Joint
Declaration expires or either agency gives written notice to the other agency to
rescind this Amendment.
I accept the terms and conditions of the aforementioned Amendment to the
current Mutual Aid Agreement and Joint Declaration between the City of Sunny
Isles Beach Police Department and the Town of Surfside Police Department.
l' ( 12 20 ) / i aoCl
Dat- : .
George . Scholl Guil -rmo Olmedillo
Mayo- To n Manager
Ci of Sunny Isles Beach, Florida To n of Surfside, Florida
/ 111 ,
Dwight '. nyder Ju o Yero r
Chief of 'police Chief of Po ce
City of Sunny Isles Beach, Florida Town of Surfside, Florida
(914:Joint Declaration)