HomeMy WebLinkAboutReso 99-185
RESOLUTION NO. 99- \ t:( S-
A RESOLUTION OF THE CITY OF SUNNY ISLES BEACH,
FLORIDA, AUTHORIZING THE MAYOR TO EXECUTE ON
BEHALF OF THE CITY, AN AGREEMENT WITH THE MIAMI-
DADE COUNTY, FLORIDA, FOR POLICE MUTUAL AID; AND
AUTHORIZING THE POLICE CHIEF OF THE CITY TO
EXECUTE A JOINT DECLARATION, AND TO EXECUTE AN
ADDENDUM TO JOINT DECLARATION TO THE MUTUAL
AID AGREEMENT AS NECESSARY FOR THE PROTECTION
OF THE CITY; 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 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 IslesnBeach and participating Dade County municipalities;
WHEREAS, it is in the public interest to renew the Mutual Aid Agreement, and related Joint
Declarations with Miami-Dade County;
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
Renewal of Police Mutual Aid with Miami-Dade County
Police Chief of the City to execute a Joint Declaration, and to execute the Addendum to Joint
Declaration To Mutual Aid Agreement as may be necessary for the protection of the City,
each 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 20" day of December, 1999. ~
David Samson, Ma or
# (Y'-'
.kTTEST;
.
~~~~
Richard Brown-Morilla, City Clerk
APPROVED AS TO FORM
AND LEGAL SUFFICIENCY:
Moved by. ~~....- l~
Seconded by: ~ .~. ~~ A (\.A
Vote: 5-0
Mayor Samson
Vice Mayor Morrow
Commissioner Iglesias
Commissioner Kauffman
Commissioner Turetsky
v (Yes)
v (Yes)
V (Yes)
~Y es)
(Yes)
_(No)
_(No)
_(No)
_(No)
_(No)
Renewal of Police Mutual Aid with Miami-Dade County
"
I'
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 Chiefs 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 extra
territorially 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
apolitical 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, 2005. 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.
AG
ACKNOWLEDGED this
day of
,1999
Mayor
Sunny Isles Beach, Florida
County Manager
Miami-Dade County, Florida
ATTEST:
ATTEST:
, ,
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City Clerk '.-
Sunny Isles Beach, Florida
County Clerk
Miami-Dade County, Florida
APPROVED AS TO FORM AND LEGAL
SUFFICIENCY:
APPROVED AS TO FORM AND LEGAL
SUFFICIENCY:
iIt-JJ4~ ~-
ttorney
Sunny Isles Beach, Florida
County Attorney
Miami-Dade County, Florida