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HomeMy WebLinkAboutReso 98- 68 RESOLUTION NO. 98- b <b A RESOLUTION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AUTHORIZING THE MAYOR TO EXECUTE ON BEHALF OF THE CITY, AN AGREEMENT WITH THE CITY OF NORTH MIAMI, FLORIDA, FOR POLICE MUTUAL AID; AND AUTHORIZING THE POLICE CHIEF OF THE CITY TO EXECUTE A JOINT DECLARATION AS NECESSARY FOR THE PROTECTION OF THE CITY; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, it is the responsibility of 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 an all ofthese 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 Dade County municipalities; NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH AS FOLLOWS: Section 1. The Mayor is hereby authorized to execute the attached Mutual Aid Agreement by and between the City of Sunny Isles Beach, Florida and the City of North Miami, and authorizing the Police Chief of the City to execute a joint declaration as may be Mutual Aid Res may be necessary for the protection ofthe City, both of which are attached hereto and made a part hereof as Composite Exhibit "A". Section 2. In the event an immaterial change is requested in a agreement, the Mayor or Police Chief, as the case may be, is hereby authorized to make such change. Any material change(s) will mandate a review by the City Commission. Section 3. This Resolution shall take effect immediately upon adoption. PASSED AND ADOPTED this 16th day of July, 199 ATTEST: 7~~~~ .: Richitrd'Br<iWIi"-Morilla, City Clerk *, ,. 'It" I ' ,..., ," ,...'.: ,/ J.1\.,.-1.~ "'\ ) '" ..":: \ . .~': / \ if , .~., ~kRO"ED 1\S:tO FORM , ','. AND LEGA1:SUFFICIENCY: ~~:::r~y: ~::r Vote: Mayor Samson Vice Mayor Turetsky Commissioner Iglesias Commissioner Kauffinan Commissioner Morrow L/ (Yes) v (Yes) v (Yes) ~Yes) _(Yes) _(No) _(No) _(No) _(No) _(No) Mutual Aid Res. \-Y1- C\ \4\St authorized to enter into similar mutual aid agreements and joint ~ ~~ declarations with municipalities, not adjoining the city of North ~~~ Miami, including but not limited to North Bay village and surfs ide ~l~~ ou..~1 as appropriatelY lllodiried to address any local law enforcem.nt~ clU...t.A ~ concerns. ~r"c ~~ SRction 2. Thi. r~olution .haU bo .ffeeti;~ ~ '- ~ ~~l imaediately from and after adoption hereof. ~ ~~.~ PASSED AND ADOPTED by a e;_n vote of the C~ ::\o~~ ~ OEC-29-"38 TLE 16:07 ID:CITY OF t-ffiTH MIAMI TEL NO:305 899 0497 1:1956 Pel . ' RESOLUTION No.RV-/t RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NORTH MIAMI, FLORIDA AUTHORIZING MUTUAL AID AGREEMENTS BETWEEN THE CITY OF NORTH MIAMI, POLICE DEPARTMENT AND OTHER MUNICIPALITIES I POLICB DEPARTMENTS. WHEREAS, Chapter 23, F.S., allow. the Police Departments of the cities and counties of the state of Florida to enter into mutual aid agreements; and WHEREAS, on July 17, 1990 pursuant to Resolutlon 90-30, the City Council authorized the city of North Miami police Department to enter into mutual aid agreements with the adjoining municipalitie., and WHEREAS, it is likewise desirable to enter into further mutual aid agreements with municipalities not adjoining the City of North Miami, including but not limited to North Bay village and Surfside. NOW, THEREFORE, IT IS HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF NORTH MIAMI THAT: section 1. The city Manager and police Chi.f are further day of MARCH · 1993. F1J/~ MAY R ~ ~....~-- - ~-- -. council of the city of North Miami, A~~~ crty CLERK APPROVED: ~, u--s CITY ATTORNBY .u .'5tlS-- ~:~:_':i>~m~;:'.T . /' ,~ MUTUAL AID AGREEMENT ~~ / // Between the City of Sunny Isles Beach Police Department and the City of North Miami Police Department WHEREAS, it is the responsibility of the governments of the City of Sunny Isles Beach, Florida and the City of North Miami, Florida to ensure the 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 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, the parties agree as follows: 1. Short title: This Agreement shall be referred to as the City of Sunny Isles - North Miami Mutual Aid Agreement. (Mutual Aid Agreement) 2. Description: The Mutual Aid Agreement provides for the requesting rendering of assistance for both routine and law enforcement intensive situation(s). 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 docwnent 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 become part of this Agreement. The declaration may be amended or supplemented at any time by the agency heads by filing a subsequent declaration 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 North Miami municipal police department. -1- C. Agency Head: Either the Chief of the Sunny Isles Beach Police Department, or the Chief s designees, and the Chief of Police of the City of North Miami 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 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 its available resources, and will respond in the responsible manner. 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, resources and services in rendering such assistance. C. The agency heads of the participating law enforcement agencies 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, 4uring such time that the 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. -2- 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 and shall pay any and all expenses incurred in the maintenance and operation of the mission. 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. The compensation shall include any amounts paid or due or compensation due to personal injury or death while such employees are engaged in rendering such aid. The compensation shal! also include all benefits normally due such employees. - D. All exemption from ordinances and roles, 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 extraterritorially 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: To the extent allowed by law, each party agrees to hold harmless, defend, and indemnify the other in any suit, action or claim for damages resulting from any and all acts or conduct of its employees while providing aid pursuant to this Agreement. Nothing is intended to be a waiver of the limitation placed upon the Parties' liability as set forth in Section 768.28. Florida Statutes. 7. Forfeitures: It is recognized that during the course of the operation of this Agreement, property subject-to forfeiture under Chapter 932, Florida Statutes, may be seized. The requesting law enforcement agency shall process the forfeiture. The property shall be seized, forfeited, and equitably distributed among the participating law enforcement agencies in proportion to the amount of investigation and participation performed by each agency. 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 August 1,2005. This Agreement shall not be renewed, amended or extended except in writing. 10. Cancellation: The Agreement may be canceled by either party upon sixty (60) days written -3- , ;.. notice to the other party. Cancellation will be at the discretion of the Chief executive officers ~ p~~. ' EDGED this 2./ day of &~ 1998 ~_Il~.fj- Mayor, City of Sunny Isles Beach, Florida City Manager, City of North Miami .~~.~~~-- ..1 CIty Clerk, CitY.ofSuriny Isles Beach, , . r Florida....... ~ , /- .' " \ ( ~, .,... '\ . ( ~.. ,!: " > . · ApPRQVED AS TO FORM AND ~ \ . '. LEGAL SUFFICIENCY: ~ . ,.' . /, '~ ~~ ~tiii City Clerk, City 0 Miami, Florida APPROVED AS TO FORM AND LEGAL SUFFICIENCY: Attorney, City of Sunny Isles Beach, Florida City Attorney, C. Florida 2(1, ) -4- JOINT DECLARATION OF THE CHIEF OF THE CITY OF NORTH MIAMI POLICE DEPARTMENT AND THE CHIEF OF THE CITY OF SUNNY ISLES BEACH 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 pre-planned and approved by each respective agency head, or participating in law enforcement activity that falls under the County-Wide Mutual Aid Agreement, or appropriately dispatched in response to a request for assistance from the other law enforcement agency. Communications instructions will be included in each request for mutual aid and the Metro-Dade Police Department Communications Bureau will maintain radio contact with the involved agencies until the mutual aid situation has ended. In the absence of such instructions, communications will be conducted on a mutually agreed upon police radio frequency, if not through Metro-Dade Communications Bureau. In compliance with, and under the authority of, the Mutual Aid Agreement, hereto entered into by the City of North Miami, Florida and the City of Sunny Isles Beach, Florida, it is hereby declared that the following list comprises the circumstances and conditions under which mutual aid may be requested and rendered regarding police operations pursuant to the agreement. Said list may be amended or supplemented from time to time, as needs dictate by subsequent declarations. 1. Joint 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 which are spontaneous occurrences such as ar~ searches for wanted subjects, perimeters, crimes In progress, escaped prisoners. . ' Request for assistance and no local unit is available or nearby, calls or transmissions indicating as officer is injured, calls indicating a crime of incident has occurred is which a cltJzen may likely be injured and the assisting municipality Is closer to the.area that 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 compromislng the jurisdictional waters within respective municipal boundaries. DATE: ~(\1:j9g 'K~d~~ Chief of Sunny Isles Beach Police Department Sunny Isles Beach, Florida Richard Harrison DATE: Chief of City of North Miami Police Department. North Miami, Florida Tom Hood ATTEST: \C~J ~--llk~.: L{~ Sunny Isles ~h , City Clerk ATTEST: City of North Miami, City Clerk