HomeMy WebLinkAboutReso 2020-3091RESOLUTION NO. 2020 -�
A RESOLUTION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA,
APPROVING THE A MUTUAL AID AND JOINT DECLARATION
AGREEMENT BETWEEN THE CITY OF SUNNY ISLES BEACH AND THE
CITY OF MIAMI, FLORIDA, ATTACHED HERETO AS EXHIBIT "A";
AUTHORIZING THE CITY MANAGER 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, the choice of existing and continuing possibility of the occurrence of law
enforcement problems and other natural and man-made conditions which are beyond the control of
the services, personnel, equipment or facilities of the City of Sunny Isles Beach Police Department;
and
WHEREAS, the Florida Mutual Aid Act (Chapter 23, Florida 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 will be 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
public of the City of Sunny Isles Beach and participating Miami -Dade County municipalities;
WHEREAS, it is in the public interest to enter into a Mutual Aid and Joint Declaration
Agreement with the City of Miami, Florida.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF SUNNY ISLES BEACH AS FOLLOWS:
Section 1. Approval of Mutual Aid Agreement. The City Commission hereby approves the
Mutual Aid and Joint Declaration Agreement between the City of Sunny Isles Beach and the City of
Miami, Florida, attached hereto as Exhibit "A".
Section 2. Authorization of City Manager. The City Manager is hereby authorized to do all
things necessary to effectuate this Resolution.
Section 3. Effective Date. This Resolution shall take effect immediately upon adoption.
PASSED AND ADOPTED this 17th day of Se ember 020.
J
George H. Scholl, Mayor
A
0
, CMC, City Clerk
82020- Police Mutual Aid Agmt Medley Page 1 of 2
APPROVED AS TO FORM
AND GAL SUFFICIENCY:
)cc—
EdwardA. Dion, City Attorney
Moved by: SS/ 16 Seconded by:d*&(js/O/VC
Vote: —W
Mayor Scholl —A8*Pr Yes)
Vice Mayor Svechin 4(Yes)
Yes)
Commissioner Goldman
Commissioner Lama � Yes)
Commissioner Viscarra -Yes)
82020- Police Mutual Aid Agmt Medley Page 2 of 2
(No)
(No)
(No)
(No)
(No)
�°F SyNNY is��r@
City of Sunny Isles Beach
` , 18070 Collins Avenue
Sunny Isles Beach, Florida 33160
A�op�� (305) 947-0606 City Hall
°o,rr FSO Foy (305)949-3113 Fax
or SVS
MEMORANDUM
TO:
The Honorable Mayor and City Commission
VIA:
Christopher J. Russo, City Manager
FROM:
Dwight P. Snyder, Chief of Police
DATE:
9/17/2020
RE:
Mutual Aid Agreement Renewal with the City of Miami
RECOMMENDATION:
It is recommended that the City Commission approve the Resolution
authorizing the Mayor and Chief of Police to renew the Mutual Aid
Agreement with 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 will be prepared to adequately address any
and all conditions, to protect public peace and safety and to preserve
the lives 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
the public interest to renew the Mutual Aid Agreement with the City of
Miami.
ATTACHMENTS:
Description
Resolution
Mutual Aid Agreement City of Miami
Item Number: 10.C.
COMBINED VOLUNTARY COOPERATION AND
OPERATIONAL ASSISTANCE
MUTUAL AID AGREEMENT
BETWEEN
THE CITY OF MIAMI, FLORIDA AND
THE CITY OF SUNNY ISLES BEACH, FLORIDA
TW m Voluntary Cooperation and Operational Assistance Mutual Aid Agreement Is made'
as of this _1� ay of 2020 by and between the CITY OF MIAML FLORIDA,
a Florida municipal corporation, having Its principal office at 3500 Pan American Drive, Miami,
Florida 33133, and the CITY OF SUNNY ISLES BEACH, FLORIDA, a Florida municipal.
corporation having its,principal office at 18070 Collins Avenue, Sunny Isles Beach, Florida 33160,
and states as follows;
WHEREAS, it is the responsibility of the governments of the City of Miami, Florida, and
the City of Sunny Isles 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, there is an 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 Police
Department or the City of Sunny Isles Beach Police Department; and
L
WHEREAS, the City of Miami and the City of Sunny Isles Beach are so located in relation
to each other that it is in the best Interest and advantage of each to receive and extend mutual
aid in the form of law enforcement services and resources to adequately respond to:
(1) Continuing, muNurisdictlonal criminal activity, so as to protect the public peace
and safety, and preserve the lives and property of the people; and
(2) Intensive situations including, but not limited to, natural or man-made disasters or
emerg1pncies as defined under Section 252.34, Florida Statutes; and
(3) Joint provision of certain law enforcement services specified herein and allowed
pursuant to Florida Statute 166,0496; and
WHSREAS, the City of Miami and the City of,
Sunny Isles Beach have the authority under
The Mutual Aid Act, Chapter 23, Part 1, Florida Statutes, to enter Into a combined mutual aid
agreement for law enforcement service's which:
(1) Permits voluntary cooperation and assistance of a routine law enforcement nature.
across jurisdictional lines; and
(2) Provides for rendering of assistance in a law enforcement emergency,
NOW, THEREFORE, BE IT KNOWN, that the City of Miami, apolitical subdivision of the
State of Florida, and the City of Sunny Isles 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,
SECTION It PROVISIONS FOR VOLUNTARY COOPERATION
Each of the aforesaid law enforcement agencies hereby approve and enter into this
agreement whereby each of the agencies may provide voluntary cooperation and assistance of a,
routine law enforcement nature across jurisdictional lines. The, nature of the law enforcement
assistance to be tendered shall include but not belimited to:
a. Concurrent law enforcement jurisdiction in and throughout the territorial limits of,
the City of Miami and the City of Sunny Isles Beach for arrests, made pursuant to
the laws of arrest, for felonies and misdemeanors, including arrestable 'traffic
offenses, which spontaneously take place in the presence of the arresting officer,
at such times as the arresting officer is traveling from place to place on official
business outside of his or her jurisdiction, for example, to or from court, or at any
time when the officer is within the territorial limits of his or her jurisdiction,
b. Concurrent law enforcement jurisdiction in and throughout the territorial limits of
the City of Miami and the City of Sunny Isles Beach for arrests, made pursuant to
the laws of arrest, of persons identified as a result of Investigations of any of ens�
constituting a felony or any act of Domestic Violence as defined in Section 741.28,
Florida Statutes, when such offense occurred in the municipality employing the
arresting officer,
C, Concurrent law enforcement jurisdiction in and 'upon the jurisdictional waters of the
City of Miami and the City of Sunny Isles Beach for arrests, made pursuant to the
Iasis of arrest for felonies and misdemeanors and boating infractions,
d. Participating in exigent situations, without the need for a format request, Including,
but not limited to, areas searches for wanted subjects, perimeters, crimes In
progress, escaped prisoners, traffic stops near municipal boundaries,, requests for
assistance when no available local units are nearby, calls indicating a crime or
incident has occurred in which a citizen may likelybe injured and the assisting
municipality Is closer to the area than the officer receiving the calL
e. Concurrent law enforcement jurisdiction in and throughout the territorial limits of
the City of Miami and City of.Sunny Isles Beach for invesfigations of ho*rnicides,.
sex offenses, robberies, assaults, batteries, burglaries, larcenies, gambling, motor
4
vehicles thefts, drug violations pursuant to Chapter 893, Florida Statutes, and inter-,
agency task forces andlor joint investigations.
Prior to any officer taking enforcement action pursuant to paragraphs (a) through (e)
above, the officer shall notify the jurisdiction in which the action will be taken, unless exigent
circumstances prevent such prior notification, In which case notification shall be made as soon
after the action as practicable. If the agency having normal jurisdiction responds to the scene the
assisting agency's officer may turn the situation over to them and offer any assistance requested
including, but not limited to, a follow-up written report documenting the event and the action taken.
These provisions are not intended to grant general authoritl to conduct investigations,
serve warrants and/or subpoenas or to respond Without request to emergencies already being
addressed by the. agency of normal jurisdiction, but is intended to address critical, life-threatening
or public safety ;situations, prevent bodily Injury to citizens, or secure apprehension of criminals
whom the law enforcement officer may encounter,
SECTION ll. PROVISIONS FOR OPERATIONAL ASSISTANCE
The aforesaid law enforcement agencies hereby approve and enter Into this agreement
whereby each of the agencies may request and render law enforcement assistance to the other
to include, but not necessarily be limited to dealing with, the following,
Joint multij,urlsdictional criminal investigations
2. Civil affray or disobedience, disturbances, riots, large protest demonstrations and
assemblies, controversial trials, political conventions, labor disputes, and strikes.
3. Any natural, technological or manmade disaster.
4. Incidents which require rescue operations and crowd and traffic control measures
including, but not limited to, large-scale evacuations, aircraft and shipping
4
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, prisoner processing 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. Incidents requiring utilization of specialized units; e.g., underwater recovery,
marine patrol, aircraft, canine, motorcycle, bicycle, mounted, $WAT, bomb, crime
scene and police information.
14. Emergency situations in which one agency cannot perform its functional objective.
16. Jo.int-training in areas of mutual need,
16. Joint multi -jurisdictional marine interdiction operations,
t
17. Off-duty special events,
18. DUI Checkpoints,
SECTION III: PROCEDURE FOR RISC, UESIING OPERATIONALAWSTANCE
I Mutual aid requested or rendered will be approved by the Chief of Police, or
designee, The Chief of Police, or designee, of the agency whose assistance is sought shall
evaluate the situation and the agency's available resources, consult with his/her supervisors, if
necessary, and will respond. in a manner he/she deems appropriate.
13
4
t
2, The Chief of Police in whose jurisdiction assistance is being rendered may
determine who is authorized to lend assistance In his/her jurisdiction, for how long such
assistance is authorized, and for what purpose such authority is granted. This authority may be
granted either verbally or in writing as the particular situation dictates.
3. Specific reporting instructions for personnel rendering mutual aid will be. included
in the request for mutual aid. In the absences of such reporting Instructions,, personnel Will report
to the ranking on -duty supervisor on the scene.
4. Communications instructions should be Included in each request for mutual aid
and each agency's communications centers will maintain radio contact with each other until the
mutual aid situation has ended.
5. Incidents requiring mass processing of arrestees, transporting prisoners, and
operating temporary' detention facilities will be handled per established procedures of the
requesting agency or Chief of Police involved.
SECTION IV: COMMAND AND SUPERVISORY RESPONSIBIUTY
a. COMMAND:
The personnel and equipment that are assigned by the assisting Chief of Police shall be
under the immediate command of a supervising officer designated by the assisting Chief
of Police. Such, supervising officer shall be under the direct supervision and command of
the Chief of Police or his/her designee of the agency requesting assistance,
b. CONFILICTS:
Whenever an officer is rendering assistance pursuant to this,a9feement, the officer shall
abide by and be subject to the rules and regulations, pers:onnel policies, general, orders; and.
standard operating procedures of his/her own employer. If any such rule, regulation, personnel
policy, general order or standing operating procedure is contradicted, contravened or otherwise
in conflict, with a direct order of a superior officer of the requesting agency, then such rule,
regulation, policy, general order or procedure shall control and shall supersede the direct order.
C. HANDLING COMPLAINTS.
Whenever there is cause to believe that a complaint has arisen as a result of a cooperative
4
effort as it may pertain to this agreement, the Chief of Police or his1her designee of the agency
employing the officer who is the subject of the complaint shall be responsible for the investigation
of the complaint. The Chief of Police or designee of the requesting agency should ascertain at a
minimum,
1. The identity of the complainant;,
2. An address where the: complaining party can be contacted,
3, The specific allegation; and
4. The Identity of the employees accused without regard as to agency affiliation.
If it is determined during the investigation of a complaint that the accused is an employee
of the assisting agency, the above information, with all pertinent documentation gathered during
the receipt and processing of the complaint, shall be forwarded without delay to the agency for
q administrative review, The requesting agency may conduct a review of the complaint to determine
if any factual basis for the complaint exists andlorwhether any of the employees of the requesting
agency violated any of their agency's policies or procedures,
SECTION V: 'LIABILITY
Each party engaging in any mutual cooperation and assistance, pursuant to this
agreement, agrees to assume responsibility for the acts, omissions or conduct of such party's
own employees while engaged in rendering such aid pursuant to this agreement, subject to the
provisions of Section 761 .28, Florida, Statutes, where applicable,
SECTION VI: POWERS, PRIVILEGES, IMMUNITIES AND COSTS
a, Employees of the City of Miami and the City of Sunny Isles Beach when actually
engaging in mutual cooperation and assistance outside of their normal jurisdictional limits but
4 inside this State, under the terms of this agreement, shall, pursuant to the provisions of Section
23-127(1), Fla. Stat. (as amended), have the same powers, duties, rights, privileges and
t
immunities as if the employee was performing duties inside the employee's political subdivision
in which normally employed,
b. Each party agrees to furnish necessary personnel equipment, resources and
facilities and to render services to each other party to this agreement as set forth above; p I rovided,
however, that no party shall be required to deplete unreasonably its own personnel, equipment,
resources, facilities, and services in furnishing such mutual aid.
C. The political subdivision that furnishes equipment pursuant to this, agreement must
bear the cost of loss or damage to that equipment and must pay any expenses incurred in the
operation and maintenance of that equipment
d. The political subdivision furnishing aid pursuant to this agreement shall
compensate its employees during the time of the rendering of aid and shall defray (provide for the
payment of) the actual travel and maintenance expenses of its employees while they are
rendering aid, including any amounts paid or due for compensation for personal injury or death
while its employees are rendering aid.
e. The privileges and immunities from liability, exemption from laws, ordinances and
rules, and pension., insurance, relief, disability, workers' compensation, salary, death, and other
benefits that apply to the activity of an employee of an agency when perfbrming the employee!S
duties within the territorial limits of the employee's agency apply to the employee to the same
degree, manner, and extent while engaged in the performance of the employee's duties
extraterritorially under the provisions of this mutual aid agreement. This section applies to paid,.
volunteer, reserve and auxiliary employees.
t
f. Nothing herein shall prevent the requesting agency from requesting supplemental
appropriations from the governing authority having budgeting jurisdiction to reimburse the
assisting agency for any actual costs or expenses incurred by the assisting agency performing
hereunder.
4
SECTION VII: FORFEITURES
It is recognized that during, the course of the operation of this agreement, property subject
to forfeiture under Sections 932.701 — 932,70-7, Florida Statutes, known as the "Florida
Contraband Forfeiture Act" 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 pursuant to the provisions of the "Florida Contraband
Forfeiture Act."
SECTION VIIIINSURANCE
Each political subdivision shWI provide, upon request, satisfactory Prof
o Of liability
insurance by one or more of the means specified in Section 768.28, Fibrida.Statutes, inan amount,
which is, in the judgment of the governing body of that political subdivision,, at least adequate to
cover the risk to which that party may be exposed. Should the insurance coverage, however
provided, of any party be canceled or undergo material change, that party shall notify all parties
to this agreement of such change Within ten (10) days of receipt of the notice or actual knowledge'
of such change.
SECTION IX, EFFECTIVE DATE
This agreement shall take effect upon execution and approval by the `hereinafter named
officials and shall continue In full force and effect until September 1,, 2025. Under no
circumstances may this agreement be renewed, amended or extended except in writing.
SECTION X: CANCELLATION
Either party may cancel its participation in this agreement upon delivery of wnitten. notice
to the other political subdivision.
IN WITNESS WHEREOF, the parties hereto cause to these presents to be signed on the
date first written above,
14
AGREED AND ACKNOWLEDGED this day ofISFL�
L� . . .......... 200
2.
CHRISTOPHJ. RUS S06–
City Manager
City of S_tp
'9j!SIqQ Beach
0
City Clerk I
City of Sunny Isles Beach
APPROVED, FORM AND
LE SU IwICIE Y
EDWARD DION
City Attorney ..........
LD WI 4GN
*rDER
Chief of Police
City of Sunny Isles Beach
City of Miami
Date:
ATTEST:
.... .. . ...
O�DD B. �HAN
City Clerk
City of Miami
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
VICTORIA40ENDEZ
City Attorney
(C)W23Ci
4�—JORi4 �.LINA
Chief of Police
City of Miami
APPROVED AS TO INSURANCE
REQUIREMENTS,
ANN -MARIE SHARPE
Risk Management Director
City of Miami, Florida
Counteroartg and Electronic Si natures. 'Ihis Agreement atay be executed in any number of counterpaxts, each of
which so executed shall be deemed to bean original, and such counterparts skull together constitute but one and
the same Agreement. The parties shall be entitled to sign and transmit an electronic signature of this Agreement
(whether by facgimile, PDF or other email transmission), which -signature shall be binding on the partywhose
name is contained therein. Any party providing an electronic signature agrees to promptly execute and deliver to
the other parties an original signed Agreement upon request.
COMBINED VOLUNTARY COOPERATION AND
OPERATIONAL ASSISTANCE
MUTUAL AID AGREEMENT
BETWEEN
THE CITY OF MIAMI, FLORIDA AND
THE CITY OF SUNNY ISLES BEACH, FLORIDA
This Voluntary Cooperation and Operational Assistance Mutual Aid Agreement is made
as of this _&�ay of _, 2020 by and between the CITY OF MIAMI, FLORIDA,
a Florida municipal corporation, having its principal office at 3500 Pan American Drive, Miami,
Florida 33133, and the CITY OF SUNNY ISLES BEACH, FLORIDA, a Florida municipal
corporation having its principal office at 18070 Collins Avenue, Sunny Isles Beach, Florida 33160,
and states as follows:
WHEREAS, it is the responsibility of the governments of the City of Miami, Florida, and
the City of Sunny Isles 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, there is an 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 Police
Department or the City of Sunny Isles Beach Police Department; and
WHEREAS, the City of Miami and the City of Sunny Isles Beach are so located in relation
to each other that it is in the best interest and advantage of each to receive and extend mutual
aid in the form of law enforcement services and resources to adequately respond to:
(1) Continuing, multi -jurisdictional criminal activity, so as to protect the public peace
and safety, and preserve the lives and property of the people; and
(2) Intensive situations including, but not limited to, natural or man-made disasters or
emergencies as defined under Section 252.34, Florida Statutes; and
(3) Joint provision of certain law enforcement services specified herein and allowed
pursuant to Florida Statute 166.0495; and
WHEREAS, the City of Miami and the City of Sunny Isles Beach have the authority under
The Mutual Aid Act, Chapter 23, Part I, Florida Statutes, to enter into a combined mutual aid
agreement for law enforcement services which:
(1) Permits voluntary cooperation and assistance of a routine law enforcement nature
across jurisdictional lines; and
(2) Provides for rendering of assistance in a law enforcement emergency.
NOW, THEREFORE, BE IT KNOWN, that the City of Miami, a political subdivision of the
State of Florida, and the City of Sunny Isles 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.
SECTION I: PROVISIONS FOR VOLUNTARY COOPERATION
Each of the aforesaid law enforcement agencies hereby approve and enter into this
agreement whereby each of the agencies may provide voluntary cooperation and assistance of a
routine law enforcement nature across jurisdictional lines. The nature of the law enforcement
assistance to be rendered shall include but not be limited to:
a. Concurrent law enforcement jurisdiction in and throughout the territorial limits of
the City of Miami and the City of Sunny Isles Beach for arrests, made pursuant to
the laws of arrest, for felonies and misdemeanors, including arrestable traffic
offenses, which spontaneously take place in the presence of the arresting officer,
at such times as the arresting officer is traveling from place to place on official
business outside of his or her jurisdiction, for example, to or from court, or at any
time when the officer is within the territorial limits of his or her jurisdiction.
b. Concurrent law enforcement jurisdiction in and throughout the territorial limits of
the City of Miami and the City of Sunny Isles Beach for arrests, made pursuant to
the laws of arrest, of persons identified as a result of investigations of any offense
constituting a felony or any act of Domestic Violence as defined in Section 741.28,
Florida Statutes, when such offense occurred in the municipality employing the
arresting officer.
C. Concurrent law enforcement jurisdiction in and upon the jurisdictional waters of the
City of Miami and the City of Sunny Isles Beach for arrests, made pursuant to the
laws of arrest, for felonies and misdemeanors and boating infractions.
d. Participating in exigent situations, without the need for a formal request, including,
but not limited to, areas searches for wanted subjects, perimeters, crimes in
progress, escaped prisoners, traffic stops near municipal boundaries, requests for
assistance when no available local units are nearby, calls indicating a crime or
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.
e. Concurrent law enforcement jurisdiction in and throughout the territorial limits of
the City of Miami and City of Sunny Isles Beach for investigations of homicides,
sex offenses, robberies, assaults, batteries, burglaries, larcenies, gambling, motor
vehicles thefts, drug violations pursuant to Chapter 893, Florida Statutes, and inter-
agency task forces and/or joint investigations.
Prior to any officer taking enforcement action pursuant to paragraphs (a) through (e)
above, the officer shall notify the jurisdiction in which the action will be taken, unless exigent
circumstances prevent such prior notification, in which case notification shall be made as soon
after the action as practicable. If the agency having normal jurisdiction responds to the scene the
assisting agency's officer may turn the situation over to them and offer any assistance requested
including, but not limited to, a follow-up written report documenting the event and the action taken.
These provisions are not intended to grant general authority to conduct investigations,
serve warrants and/or subpoenas or to respond without request to emergencies already being
addressed by the agency of normal jurisdiction, but is intended to address critical, life-threatening
or public safety situations, prevent bodily injury to citizens, or secure apprehension of criminals
whom the law enforcement officer may encounter.
SECTION II: PROVISIONS FOR OPERATIONAL ASSISTANCE
The aforesaid law enforcement agencies hereby approve and enter into this agreement
whereby each of the agencies may request and render law enforcement assistance to the other
to include, but not necessarily be limited to dealing with, the following:
Joint multi -jurisdictional criminal investigations
2. Civil affray or disobedience, disturbances, riots, large protest demonstrations and
assemblies, controversial trials, political conventions, labor disputes, and strikes.
3. Any natural, technological or manmade 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, prisoner processing 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. Incidents requiring utilization of specialized units; e.g., underwater recovery,
marine patrol, aircraft, canine, motorcycle, bicycle, mounted, SWAT, bomb, crime
scene and police information.
14. Emergency situations in which one agency cannot perform its functional objective.
15. Joint training in areas of mutual need.
16. Joint multi jurisdictional marine interdiction operations.
17. Off-duty special events.
18. DUI Checkpoints.
SECTION III: PROCEDURE FOR REQUESTING OPERATIONAL ASSISTANCE
1. Mutual aid requested or rendered will be approved by the Chief of Police, or
designee. The Chief of Police, or designee, of the agency whose assistance is sought shall
evaluate the situation and the agency's available resources, consult with his/her supervisors, if
necessary, and will respond in a manner he/she deems appropriate.
2. The Chief of Police in whose jurisdiction assistance is being rendered may
determine who is authorized to lend assistance in his/her jurisdiction, for how long such
assistance is authorized, and for what purpose such authority is granted. This authority may be
granted either verbally or in writing as the particular situation dictates.
3. Specific reporting instructions for personnel rendering mutual aid will be included
in the request for mutual aid. In the absences of such reporting instructions, personnel will report
to the ranking on -duty supervisor on the scene.
4. Communications instructions should be included in each request for mutual aid
and each agency's communications centers will maintain radio contact with each other until the
mutual aid situation has ended.
5. Incidents requiring mass processing of arrestees, transporting prisoners, and
operating temporary detention facilities will be handled per established procedures of the
requesting agency or Chief of Police involved.
SECTION IV: COMMAND AND SUPERVISORY RESPONSIBILITY
a. COMMAND:
The personnel and equipment that are assigned by the assisting Chief of Police shall be
under the immediate command of a supervising officer designated by the assisting Chief
of Police. Such supervising officer shall be under the direct supervision and command of
the Chief of Police or his/her designee of the agency requesting assistance.
b. CONFLICTS:
Whenever an officer is rendering assistance pursuant to this agreement, the officer shall
abide by and be subject to the rules and regulations, personnel policies, general orders, and
standard operating procedures of his/her own employer. If any such rule, regulation, personnel
policy, general order or standing operating procedure is contradicted, contravened or otherwise
in conflict. with a direct order of a superior officer of the requesting agency, then such rule,
regulation, policy, general order or procedure shall control and shall supersede the direct order.
C. HANDLING COMPLAINTS:
Whenever there is cause to believe that a complaint has arisen as a result of a cooperative
effort as it may pertain to this agreement, the Chief of Police or his/her designee of the agency
employing the officer who is the subject of the complaint shall be responsible for the investigation
of the complaint. The Chief of Police or designee of the requesting agency should ascertain at a
minimum:
1. The identity of the complainant;
2. An address where the complaining party can be contacted;
3. The specific allegation; and
4. The identity of the employees accused without regard as to agency affiliation.
If it is determined during the investigation of a complaint that the accused is an employee
of the assisting agency, the above information, with all pertinent documentation gathered during
the receipt and processing of the complaint, shall be forwarded without delay to the agency for
administrative review. The requesting agency may conduct a review of the complaint to determine
if any factual basis for the complaint exists and/or whether any of the employees of the requesting
agency violated any of their agency's policies or procedures.
SECTION V: LIABILITY
Each party engaging in any mutual cooperation and assistance, pursuant to this
agreement, agrees to assume responsibility for the acts, omissions or conduct of such party's
own employees while engaged in rendering such aid pursuant to this agreement, subject to the
provisions of Section 768.28, Florida Statutes, where applicable.
SECTION VI: POWERS, PRIVILEGES, IMMUNITIES AND COSTS
a. Employees of the City of Miami and the City of Sunny Isles Beach when actually
engaging in mutual cooperation and assistance outside of their normal jurisdictional limits but
inside this State, under the terms of this agreement, shall, pursuant to the provisions of Section
23.127(1), Fla. Stat. (as amended), have the same powers, duties, rights, privileges and
immunities as if the employee was performing duties inside the employee's political subdivision
in which normally employed.
b. Each party agrees to furnish necessary personnel equipment, resources and
facilities and to render services to each other party to this agreement as set forth above; provided,
however, that no party shall be required to deplete unreasonably its own personnel, equipment,
resources, facilities, and services in furnishing such mutual aid.
C. The political subdivision that furnishes equipment pursuant to this agreement must
bear the cost of loss or damage to that equipment and must pay any expenses incurred in the
operation and maintenance of that equipment.
d. The political subdivision furnishing aid pursuant to this agreement shall
compensate its employees during the time of the rendering of aid and shall defray (provide for the
payment of) the actual travel and maintenance expenses of its employees while they are
rendering aid, including any amounts paid or due for compensation for personal injury or death
while its employees are rendering aid.
e. The privileges and immunities from liability, exemption from laws, ordinances and
rules, and pension, insurance, relief, disability, workers' compensation, salary, death, and other
benefits that apply to the activity of an employee of an agency when performing the employee's
duties within the territorial limits of the employee's agency apply to the employee to the same
degree, manner, and extent while engaged in the performance of the employee's duties
extraterritorially under the provisions of this mutual aid agreement. This section applies to paid,
volunteer, reserve and auxiliary employees.
f. Nothing herein shall prevent the requesting agency from requesting supplemental
appropriations from the governing authority having budgeting jurisdiction to reimburse the
assisting agency for any actual costs or expenses incurred by the assisting agency performing
hereunder.
SECTION VII: FORFEITURES
It is recognized that during the course of the operation of this agreement, property subject
to forfeiture under Sections 932.701 — 932.707, Florida Statutes, known as the "Florida
Contraband Forfeiture Act," 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 pursuant to the provisions of the "Florida Contraband
Forfeiture Act."
SECTION VIII: INSURANCE
Each political subdivision shall provide, upon request, satisfactory proof of liability
insurance by one or more of the means specified in Section 768.28, Florida Statutes, in an amount
which is, in the judgment of the governing body of that political subdivision, at least adequate to
cover the risk to which that party may be exposed. Should the insurance coverage, however
provided, of any party be canceled or undergo material change, that party shall notify all parties
to this agreement of such change within ten (10) days of receipt of the notice or actual knowledge
of such change.
SECTION IX: EFFECTIVE DATE
This agreement shall take effect upon execution and approval by the hereinafter named
officials and shall continue in full force and effect until September 1, 2025. Under no
circumstances may this agreement be renewed, amended or extended except in writing.
SECTION X: CANCELLATION
Either party may cancel its participation in this agreement upon delivery of written notice
to the other political subdivision.
IN WITNESS WHEREOF, the parties hereto cause to these presents to be signed on the
date first written above.
AGREED AND ACKNOWLEDGED this day of 12020.
CHRISTOPHE J. RUSSO
City Manager
City of Sunny Isls Beach
Date:. /I /
A
MAURUCIO BETANCUR
City Clerk
City of Sunny Isles Beach
APPROVED FORM AND
LE LSU FICIE CY
EDWARD DION
V/' City Attorney
DWIG N DER
Chief of Police
City of Sunny Isles Beach
ARTHUR NORIEGA
City Manager
City of Miami
Date:
ATTEST:
TODD B. HANNON
City Clerk
City of Miami
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
VICTORIA MENDEZ
City Attorney
JORGE R. COLINA
Chief of Police
City of Miami
APPROVED AS TO INSURANCE
REQUIREMENTS:
ANN -MARIE SHARPE
Risk Management Director
City of Miami, Florida