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HomeMy WebLinkAboutReso 98- 71RESOLUTION 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 THE TOWN OF BAY HARBOR ISLANDS, 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 the Town of Bay Harbor Islands, and authorizing the Police Chief of the City to execute a joint declaration as Mutual Aid Res may be 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"' day of A1\'EST: "Richard Brown-Morilla, City Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY: M. Dannheisser, City Attorney Vote: Mayor Samson ✓ (Yes) Vice Mayor Turetsky ✓ (Yes) Commissioner Iglesias (Yes) Commissioner Kauffman (Yes) Commissioner Morrow (Yes) Mutual Aid Res. Movedby: -� Seconded by:�t (No) (No) (No) (No) (No) MUTUAL AID AGREEMENT Between the City of Sunny Isles Beach Police Department and the Town of Bay Harbor Islands Police Department WHEREAS, it is the responsibility of the governments of the City of Sunny Isles Beach, Florida and the Town of Bay Harbor Islands, Florida to ensure the safetyof 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 Dade County municipalities; and WHEREAS, the participating Dade County municipalities have the authority under Chapter 23, Florida Statutes, Florida Mutual Aid Act, to enter into a mutual aid agreement. NOW, THEREFORE, BE IT KNOWN, that the City of Sunny Isles Beach, subdivision of the State of Florida, and the undersigned representatives, in consideration 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: Short title: Mutual Aid Agreement 2. Description: Since the Mutual Aid Agreement provides for the requesting rendering of assistance for both routine and law enforcement intensive situation 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 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 thereafter become part of this Agreement. Said declaration may be amended or supplemented at any time by the agency heads by filing 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 participating municipal police department. Composite Exhibit "A" 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 participating municipal police department, or the Chief's designees. D. Participating municipal police department: The police department of any municipality in Dade County, Florida that has approved and executed this Agreement upon the approval of the governing body of the municipality. E. Certified law enforcement 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 who such assistance is requested. The authorized agency representative whose assistance is sought shall evaluate the situation and has 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 the requesting agency, and for giving tactical control over accomplishing any such assigned mission and supervisory control over all personnel or equipment provided pursuant to this Agreement to the providing agency. 5. Powers, Privileges, Immunities, and Costs: A. All employees of the participating municipal police department, certified law enforcement employees as defined in Chapter 943, Florida Statutes, during such time that said employees are actually providing aid outside of the jurisdictional limits of the employing municipality pursuant to a request for aid made in accordance with this Agreement, shall pursuant to the provisions of Chapter 23, Florida Statutes, have the same powers, duties, rights, privileges, and immunities as if they were performing their duties in the political subdivision in which they are normally employed. 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 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 it's 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 for 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 ordinances and rules, and all pension, insurance, relief, disability, workers compensation, salary, death, and other benefits which apply to the activity of such officers, agents, or employees of any such agency, when performing their respective functions within the territorial limits of their respective agencies, shall apply to them to the same degree, manner, and extent while engaged in the performance of their functions and duties extraterritorial under the provisions of this Mutual Aid Agreement. The provision of this Agreement shall apply with equal effect to paid and auxiliary employees. 6. Indemnification: The political subdivision having financial responsibility for the law enforcement agency providing aid pursuant to this Agreement agrees to hold harmless, defend, and indemnify the requesting law enforcement agency and its political subdivision in any suit, action or claim for damages resulting from any and all acts or conduct of employees of said providing agency while providing aid pursuant to this Agreement, subject to Chapter 768, Florida Statutes, where applicable. 7. Forfeitures: It is recognized that during the course of the operation of the Agreement, property subject to forfeiture under the Florida Contraband Forfeiture Act, Florida Statutes, may be seized. The property shall be seized, forfeited, and equitably distributed among the participating agencies in proportion to the amount of investigation and participation performed by each agency. This shall occur pursuant to the provisions of the Florida Contraband Forfeiture Act. 8. Conflicts: Any 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, under no circumstances may this Agreement be renewed, amended or extended except in writing. 10. Cancellation: This Agreement may be canceled by either party upon sixty (60) days written notice to the other party. Cancellation will be at the discretion of the Chief executive officers of the parties hereto. AGREED AND ACKNOWLEDGED this_ at4 day of S 81 998 City Vanager, City of Sunny Isles Beach, Florida Town Manager, Town of Bay Harbor Islands, Florida ATTEST: City Clerk, City of Sunny Isles Beach, Florida APPROVED AS TO FORM AND LEGAL SUFFICIENCY: ttomey, City of Sunny Isles Beach, Florida A ST: T Clerk, Town of Bay Harbor Islands, Florida APPROVED AS TO,FQRM AND LEGAL Town A7, T&hn of Bay Harbor Islands ,Florida J 7 1 ,n 3 JOINT DECLARATION OF THE CHIEF OF THE TOWN OF BAY HARBOR ISLANDS 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 Town of Bay Harbor Islands, 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. 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. 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 area 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 citizen 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 compromising the jurisdictional waters within respective municipal boundaries. DATE: Chief of Sunny Isles Nach Police Department Sunny Isles Beach, Florida Richard Harrison ATTEST: Sunny Isles Beach, City Cleric DATE: g b ? A ief own of &W Harbor Islands Police Department, Bay Harbor Islands, Florida John Ross t oMrtt of Bay Harbor Islands, Town. C w c � JOHN S. ROSS Chief o/ Police 9665 BAY HARBOR TERRACE BAY HARBOR ISLANDS, FLORIDA 33154 September 30, 1998 Mr. Richard E. Brown-Morilla City Clerk City of Sunny Isles Beach 17070 Colllins Avenue, 9250 Sunny Isles Beach, FL 33160 Dear Mr. Brown-Morilla: TELEPHONE: (305) 866-6242 FAX (305) 993-1783 RECEIVED OCT 2 �ggg City of Sunny Isles Beac Attached please find an executed copy of the Mutual Aid Agreement and Joint Declaration between the City of Sunny Isles Beach and the Town of Bay Harbor Islands police departments. Please let me know if you are going to send a copy to the Mutual Aid Program Director. , Sincerely, John S. Ross Chief of Police JSR/pag Attachment City of Sunny Isles Beach Office of the City Clerk 17070 Collins Avenue, Suite 250 Sunny Isles Beach, Florida (305)947-0606 Fax: (305) 949-3 113 FACSIMILE To: . Sgt. Surface Bay Harbour Islands Police Pages: 8, including this cover sheet. Date: January 8, 1999 Fax: 305-993-1783^I �� From: Richard Brown-Morilla, '- P Y�" 61 City Clerk 1{Vl Subject: Police Mutual Aid Agreement and joint Declaration As you requested this morning, here is a copy of our executed Police Mutual Aid Agreement and Joint Declaration, that I received on October 2, 1998 from Police Chief John Ross. Your town also has an executed original of these documents. Please let me know if there is anything else you might need. cc: Commander Nannette Murray Attachment