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HomeMy WebLinkAboutReso 2021-3219RESOLUTION NO. 2021 - _I Z' I A RESOLUTION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, APPROVING A MUTUAL AID AND JOINT DECLARATION AGREEMENT BETWEEN THE CITY AND THE CITY OF AVENTURA, 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 renew the Mutual Aid and Joint Declaration Agreement with the City of Aventura, 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 renewal of the Mutual Aid and Joint Declaration Agreement between the City of Sunny Isles Beach and the City of Aventura, 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 15" day of July 2021. (jeorge H. Scholl, Mayor q(IWL(ai F401 :C8513. doc 176 Page I ot'2 APPROVED AS TO FORM AN4J,EGAL SUF - CIENCY: Edward A. Dion, City Attorney Moved by: �W1MS%40ttta L*MA Seconded by: VI VA"A Vote: Mayor Scholl - 46rgo-r (Yes) (No) Vice Mayor Svechin (Yes) — — (No) Commissioner Goldman ✓ (Yes) (No) Commissioner Lama ✓ (Yes) (No) Commissioner Viscarra (Yes) — — (No) 177 R201 6- Police Mutual Aid Agnit AventUra Page 2 or 2 MUTUAL AID AGREEMENT Between the City of Sunny Isles Beach Police Department and the City of Aventura Police Department WHEREAS, it is the responsibility of the governments of the City of Sunny Isles Beach, Florida, and the City of Aventura, 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; and the City of Aventura, a subdivision of the State of Florida, and its 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: 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. 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 178 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 City of Aventura Police Department. C. Agency Head: Either the Chief of the City of Sunny Isles Beach Police Department, or the Chiefs designees, and the Chief of Police of the City of Aventura Police Department, or the Chief's 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 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. 179 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 180 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 municipality/agency in which any property is seized pursuant to the Florida Contraband Forfeiture Act shall have exclusive authority to initiate forfeiture proceedings under the Florida Contraband Forfeiture Act for any matters which arise from a mutual aid event that is covered by this Agreement. However, the municipality/agency with the right to proceed with the forfeiture may allow the other municipality/agency to prosecute the forfeiture with the written authorization of the Chief of Police and the legal counsel for each municipality/agency. The municipality/agency pursuing the forfeiture action shall have the exclusive right to control and the responsibility to maintain the property, including, but not limited to, the complete discretion to bring the action, or to dismiss the action, or settlement the forfeiture. 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. 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 requesting agency shall be responsible for the documentation of said complaint to ascertain at a minimum: A. The identity of the complainant. B. An address where the complaining party can be contacted. C. The specific allegation. D. The identity of the employees accused without regard as to agency affiliation. If it is determined 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. 9. Conflicts: Any conflict between this Agreement and the Florida Mutual Aid Act will be controlled by the provisions of the latter, whenever 181 10. Effective Date and Duration: This Agreement shall be in effect from date of signing, through and including January 1, 2026, and under no circumstances may this Agreement be renewed, amended or extended except in writing. 11, 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. AGR D ND ACKNOWLEDGED this-1-4—day of-j—�M—, 201:�. 1 ffjGeor-geH. S4chii1F-- Ronald J. son Mayor City Mana City of Sunny Isles Beach, Florida City of Aventura, Florida ATTEST. TTEST- ATTEST: M—aurici&Be ncur Ellisa L. Horvath, MMC City Clerk City Clerk City of Sunny Isles Beach, Florida City of Aventura, Florida Ed Dion City Attorney City of Sunny Isles Beach, Florida Mvid M. vVoipin City Attorney City of Aventura, Florida MMEM JOINT DECLARATION OF THE CHIEF OF THE CITY OF SUNNY ISLES BEACH POLICE DEPARTMENT AND THE CHIEF OF THE CITY OF AVENTURA 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 City of Aventura, 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. 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 183 9. Enemy attack I 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 Chief of Police. Sunny Isles Beach, Florida DATE: July 13. 2021 Z Bryn Peg Chief Of Police Aventura, Florida A PROVED AS TO FORM AND LEGAL SUFFICIENCY: Dion David M. Wolpin City Attorney, City Attorney, Sunny Isles Beach, Florida. Aventura, Florida Z� City of Sunny Isles Beach l087OCollins Avenue Sunny Isles Beach, Florida 33160 (305)947f�606 City Hall MEMORANDUM TO: Honorable Mayor and City Commissioners VIA: Christopher J. Russo, City Manager FROM: Dwight Snyder, Police Chief DATE: July 1S,2O2l RE: Mutual Aid Agreement with the City of Aventura RECOMMENDATION: Staff recommends approval of this Resolution. The Florida Mutual Aid Act (Chapter 23, Florida State Statutes) grants the City ofSunny Isles Beach an other participating agencies the authority to enter into mutual aid agreements in order to ensure that law enforcement agencies will be prepared toadequately 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 oflaw enforcement problems to include natural and man- made conditions beyond our control, it is in the public interest to renew the Mutual Aid Agreernen1 with the City ofAventura. Resolution Mutual Aid Agreement Item Number: 10.K 175