Loading...
HomeMy WebLinkAboutReso 98- 70RESOLUTION NO.98- q A RESOLUTION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AUTHORIZING THE MAYOR TO EXECUTE ON BEHALF OF THE CITY, AN AGREEMENT WITH MIAMI- DADE COUNTY, 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 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 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 Miami -Dade County, and authorizing the Police Chief of the City to execute a joint declaration as may be Mutual Aid Res necessary for the protection of the 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 16'h day of July, 1998 ATTEST: Richard Brown-Morilla, City Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY: M. Dannheisser, City Attorney Vote: Mayor Samson ✓ (Yes) Vice Mayor Turetsky V (Yes) Commissioner Iglesias A/ (Yes) Commissioner Kauffinan ! Yes) Commissioner Morrow V (Yes) Mutual Aid Res. David Samson, Ma} Moved by: Seconded by: (No) (No) (No) (No) (No) MUTUAL AID AGREEMENT Between Miami -Dade County and Participating Municipal Police Departments Whereas, it is the responsibility of the governments of Miami -Dade County, Florida, and the participating Miami -Dade County municipalities to ensure the public safety of their citizens by providing adequate levels of police services to address any foreseeable routine or emergency situation; and Whereas, because of the existing and continuing possibility of the occurrence of law enforcement problems and other natural and man-made conditions which are, or are likely to be, beyond the control of the services, personnel, equipment, or facilities of the Miami -Dade Police Department or the participating municipal police departments; and Whereas, in order to ensure that 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 County of Miami -Dade and the participating Miami -Dade County municipalities; and Whereas, Miami -Dade County and 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 Miami -Dade County, a political subdivision of the State of Florida, and the undersigned representatives, in consideration for mutual promises to render valuable aid in times of necessity, do hereby agree to fully and faithfully abide by and be bound by the following terms and conditions: 1. Short title: Mutual Aid Agreement. 2. Description: Since this Mutual Aid Agreement provides for the requesting and rendering of assistance for both routine and law enforcement intensive 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 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 Miami -Dade Police Department or the participating municipal police department. c. Agency head: Either the Director of the Miami -Dade Police Department, or the Director'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 Miami -Dade County, Florida, that has approved and executed this Agreement upon the approval of the governing body of that 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 whom 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 manpower, equipment, facilities, and other resources and to render services to the other party as required to assist the requesting party in addressing the situation which caused the request; provided, however, that no party shall be required to deplete unreasonably its own manpower, equipment, facilities, and other resources and services in rendering such assistance. c. The agency heads of the participating law enforcement agencies, or 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, including certified law enforcement employees as defined in Chapter 943, Florida Statutes, during such time that said employees are actually providing aid outside of the jurisdictional limits of the employing municipality pursuant to a request for aid made in accordance with this Agreement, shall, pursuant to the provisions of Chapter 23, Florida Statutes, have the same powers, duties, rights, privileges, and immunities as if they were performing their duties in the political subdivision in which they are normally employed. b. The political subdivision having financial responsibility for the law enforcement agency providing services, personnel, equipment, or facilities pursuant to the provisions of this Agreement shall bear any loss or damage to same and shall pay any and all expenses incurred in the maintenance and operation of same. c. The political subdivision having financial responsibility for the law enforcement agency providing aid pursuant to this Agreement shall compensate all of its employees rendering aid pursuant to this Agreement during the time of the 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 exemption from ordinance 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 extraterritorially under the provisions of this Mutual Aid Agreement. The provisions 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 this Agreement, property subject to forfeiture under the Florida Contraband Forfeiture Act, Florida Statutes, may be seized. The property shall be seized, forfeited, and equitably distributed among the participating agencies in proportion to the amount of investigation and participation performed by each agency. This shall occur pursuant to the provisions of the Florida Contraband Forfeiture Act. 8. Conflicts: Any conflicts between this Agreement and the Florida Mutual Aid Act will be controlled by the provisions of the latter, whenever conditions exist that are within the definitions stated in Chapter 23, Florida Statutes. 9. Effective Date and Duration: This Agreement shall be in effect from date of signing, through and including, January 1, 2000. Under no circumstances may this Agreement be renewed, amended, or extended except in writing. 10. Cancellation: This Agreement may be cancelled 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. AGREFI) TO AND ACKNOWLEDGED this , 199'? City Mayor t County Manager Sunny Isles Beach, Florida Miami -Dade County, Florida %••'••••so••- 00 i `� • ATTEST: ATTEST::o f City Clerk Coun C erk Sunny Isles Beach, Florida Miarru- ade County, Florida APPROVED AS TO FORM AND LEGAL APPROVED AS TO FORM AND LEGAL SUFFICIENCY: SUFFICIENCY: C ty Attorney Sunny Isles Beach, Florida "/W '�? L__ County Attorney Miami -Dade County, Florida JOINT DECLARATION OF THE DIRECTOR OF THE MIAMI-DADE 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 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 heretofore entered into by the City of Sunny Isles Beach and Miami -Dade County, 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 multijurisdictional 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, 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. Emergency situations in which one agency cannot perform its functional objective. 14. Incidents requiring utilization of specialized units; e.g., underwater recovery, aircraft, canine, motorcycle, bomb, crime scene, marine patrol, and police information. 15. Joint training in areas of mutual need. The following procedures will apply in mutual aid operations: 1. Mutual aid requested or rendered will be approved by the Director/Chief of Police of designee. 2. Specific reporting instructions for personnel rendering mutual aid should be included in the request for mutual aid. In the absence of such instructions, personnel will report to the ranking on -duty supervisor on the scene. 3. Communications instructions will be included in each request for mutual aid and the Miami -Dade Police Department Communications Bureau will maintain radio contact with the involved agencies until the mutual aid situation has ended. 4. Incidents requiring mass processing of arrestees, transporting prisoners, and operating temporary detention facilities will be handled per established procedures. �2, �tiYusti G�1 DATE : Richard Harrison, Chief Carlos Alvarez, Director Sunny Isles Beach Police Department Miami -Dade Police Department ATTEST: �(.ct Tom'' 1` " "`a City Clerk City of Sunny Isles Beach ATTEST: Co Jerk Mi i-Dade County, Florida • •!•••••••m GO • */ •% % :j 7i •O • � .J • • • 4 7 • ADDENDUM TO JOINT DECLARATION TO MUTUAL AID AGREEMENT Whereas, it is to the mutual benefit of the municipal police agencies listed below and the Miami -Dade Police Department, through voluntary cooperation, to exercise concurrent jurisdiction over the areas described in subparagraphs (a) and (b) below, in that officers, while in another jurisdiction, are often present at events where immediate action is necessary, or are able to expeditiously conclude an investigation by identifying and arresting an offender. a) Concurrent law enforcement jurisdiction in and throughout the territorial limits of the municipalities represented by the undersigned agency heads and Miami -Dade County, Florida, excluding those areas within the territorial limits of municipalities not represented below as participants in this Addendum and areas in which the Miami -Dade Police Department does not have law enforcement jurisdiction, 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, and provided that, in the context of this Joint Declaration, "official business outside of his or her jurisdiction" shall not include routine patrol activities, preplanned operations, or undercover investigations. b) Concurrent law enforcement jurisdiction in and throughout the territorial limits of the municipalities represented by the undersigned agency heads and Miami -Dade County, Florida, excluding those areas within the territorial limits of municipalities not represented below as participants in this Addendum and areas in which the Miami -Dade Police Department does not have law enforcement jurisdiction, 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, should the arresting officer be a municipal law enforcement officer. However, concurrent jurisdiction under this subparagraph does not include authority to make nonconsensual or forcible entries into private dwellings, residences, living spaces or business spaces which are not open to the public, i.e., authority derived pursuant to this subparagraph may be exercised only when in places open to the public or private places into which the arresting officer has entered with the consent of an occupant entitled to give consent. Prior to any officer taking enforcement action pursuant to either paragraph (a) or (b) above, the officer shall notify the designated officer of 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. Furthermore, all arrests made pursuant to subparagraph (a) above shall be processed and coded pursuant to directions of the Clerk of the Court, in such manner as to insure that any revenues or surcharges generated as a result of said arrests shall be directed to the jurisdiction in which the arrest was made. Any municipal police agency electing to participate in concurrent jurisdiction pursuant to this Addendum shall, before exercising concurrent jurisdiction, adopt as part of that agency's Standard Operating Procedures, the following Standard Operating Procedure For Concurrent Law Enforcement Jurisdiction: To provide specific guidelines for the use of concurrent law enforcement jurisdiction. II. POLICY: It shall be the policy of the (name of participating police agency) that law enforcement officers may make arrests for felonies, misdemeanors and arrestable traffic offenses in unincorporated Miami -Dade County and within any municipality which participates in this Mutual Aid Agreement when the offense takes place in the officers' presence while officers are within their jurisdictions or while they are traveling from place to place on official business outside his or her jurisdiction , i.e., to or from court, or as a result of an investigation of any offense constituting a felony or act of Domestic Violence as defined in section 741.28, Florida Statutes, when the offense took place within the jurisdiction of the investigating officer. Concurrent jurisdiction does not include authority to make forcible entries into private residences or businesses which are not open to the public, i.e., authority may only be exercised in places which are open to the public or with the consent of an occupant entitled to give consent. A. General Requirements: 1. Prior to taking any enforcement action the officer shall notify the designated officer of 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 possible. 2. All arrests made pursuant to this Mutual Aid Agreement shall be coded and processed in such manner to insure that any revenues or surcharges generated shall be directed to the jurisdiction in which the arrest was made. 3. Officers shall not utilize unmarked vehicles to make traffic stops or to engage in vehicle pursuits. 4. Concurrent law enforcement jurisdiction pursuant to this Mutual Aid Agreement does not include preplanned operations, undercover investigations, stings, or sweeps. 5. Officers shall not conduct routine patrol activities outside of their jurisdiction. 6. Reports of any action taken pursuant to this Mutual Aid Agreement shall be faxed to the agency head of the agency within whose jurisdiction the action was taken as soon as possible after the action has taken place. 7. Any conflicts regarding jurisdiction will be resolved by allowing the agency within whose jurisdiction the action took place to take custody of any arrestees and/or crime scenes. 8. All concurrent jurisdiction stationary surveillance activities shall require notification of the agency within whose jurisdiction the surveillance takes place. The notification shall include the general location of the surveillance and a description of the vehicles involved. Mobile surveillance shall not require notification unless concurrent jurisdiction enforcement activities take place. Any participant in this Addendum may withdraw from participation in the Addendum only by providing each other participant with written notice of withdrawal 30 days prior to the date of withdrawal, which date shall be specified in the notice. Furthermore, any participant wishing to withdraw from participation with one or more other participants may terminate voluntary cooperation with said participant(s) by providing written notice of termination 3.0 days prior to the desired termination date, in which case voluntary cooperation shall remain in force only with the remaining participants. _'_W�� C E Richard Harrison, Chief Sunny Isles Beach Police Department Car os Alvarez, Director Miami -Dade Police Department ..••••••• 0"06 SA s :J t 7 Coun Jerk C%-rn C_le l- - Date /o/a-/ Date to L1' ___JP7ca) ,,,�� � .y Date A 9e 70 Metro -Dade Police Department Director's Office 9105 N.W. 25th Street Miami, Florida 33172 An Internationally Accredited Police sem= October 28, 1998 Chief Richard Harrison Sunny Isles Beach Police Department 17070 Collins Avenue, Suite 250 Sunny Isles Beach, Florida 33160 Dear Chief Harrison: The Mutual Aid Agreement between Miami -Dade County and the municipality of Sunny Isles has been executed by the County Manager and filed with the County Clerk. In addition, the Joint Declaration between the Miami -Dade Police Department and the Sunny Isles Police Department was also executed and filed with the County Clerk. Two original copies of the documents are enclosed. -* Pursuant to Florida State Statute, Chapter 23, Section 1225 (4), the Mutual k�Aid Agreement and the Joint Declaration has been submitted to the Florida Department of Law Enforcement. Please be assured of our continuing cooperation in matters of mutual professional concern. If you should require additional assistance, please contact Commander Jane Feuer, Budget and Planning Bureau at 471-2520. Sincerely, CARLOS ALVAREZ Director Enclosures (2) N C August 3, 1998 Metro -Dade Police Department Director's Office 9105 N.W. 25th Street Miami, Florida 33172 C. i Chief Richard Harrison Sunny Isles Beach Police Department e 17070 Collins Avenue, Suite 250 Sunny Isles Beach, Florida 33160 Dear Chief Harrison: An Internationally Accredited Po6a Scrvim Pursuant to a request by Commander Nannette Murray of your Department, the enclosed i'•,' documents are forwarded for consideration by your agency and the governing body of the City of Sunny Isles Beach. 1 Enclosure 1 is five unsigned copies of the Mutual Aid Agreement that is executed r between the Village Manager and the County Manager. Florida State Statutes, Chapter 23, prescribes that the governing body of the municipality or county can authorize a mayor or chief executive officer of the municipality or county to enter into a mutual aid agreement. The Miami -Dade Board of County Commissioners approved a resolution that granted the County Manager the authority to execute the agreements for and on the behalf of Miami -Dade County, to execute renewals and extensions of same, and to exercise cancellation provisions contained therein. The resolution prohibits our Department from amending the language within the agreement. It must be executed in five original documents. One of the original documents must be submitted to the County Clerk's Office and each participating agency will receive two original copies. Enclosure 2 is five unsigned copies of the Joint Declaration that is executed by the + appropriate representatives of the participating police departments. The five original documents will be distributed in the same manner as the Mutual Aid Agreement. c- Enclosure 3 is the Addendum to the Joint Declaration. The Addendum was recently t executed by a majority of the municipal police agencies in Miami -Dade County and the Miami -Dade Police Department. Enclosure 4 is a copy of the previously executed i agreement and has been attached for your information. It should be noted that this particular document will not become effective until it has been filed with your city clerk. Chief Richard Harrison August 3, 1998 Page 2 If the enclosed Mutual Aid Agreement, Joint Declaration and the Addendum to the Joint Declaration meet the requirements of your "municipality, please effect the execution, as appropriate, of all five (5) copies of both the documents and return the signed copies to my office. Should you require additional assistance, please contact me at 471-2100 or Commander Jane.Feuer at 471-2520. Please be assured of our continuing cooperation in matters of mutual professional concern. Sincerely, CARLOSALVAREZ Director Enclosures (4)