HomeMy WebLinkAboutReso 2005-802
RESOLUTION NO. 2005- f36~
A RESOLUTION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA,
APPROVING AN AGREEMENT WITH THE TOWN OF BAY HARBOR
ISLANDS AND PARTICIPATING MUNICIPAL POLICE DEPARTMENTS
FOR POLICE MUTUAL AID AND THE JOINT DECLARATION TO THE
MUTUAL AID AGREEMENT; AUTHORIZING THE MAYOR TO
EXECUTE THE AGREEMENT AND THE POLICE CHIEF TO EXECUTE
THE JOINT DECLARATION; AUTHORIZING THE CITY MANAGER TO
DO ALL THINGS NECESSARY TO EFFECTUATE THE INTENT OF 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 ofthe 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;
WHEREAS, it is in the public interest to renew the Mutual Aid Agreement, and related Joint
Declarations with the Town of Bay Harbor Islands;
NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF SUNNY ISLES BEACH AS FOLLOWS:
Section 1. Approval of Agreement. The Mutual Aid Agreement by and between The Town of
Bay Harbor Islands and Participating Municipal Police Departments and the Joint Declaration
between the Chief of the Bay Harbor Islands Police Department and the Chief of the Sunny Isles
Beach Police Department, attached hereto as Exhibit "A" and "B" respectively, be and the same, are
hereby approved.
Section 2. Authorization ofMavor and Police Chief. The Mayor is hereby authorized to execute
the attached Mutual Aid Agreement and the Police Chief is authorized to execute the Joint
Declaration, each of which are attached hereto and made a part hereof as Exhibit "A" and "B,"
respectively.
Renewal of Police Mutual Aid with Indian Creek
Section 3. Authorization of City Manager. The City Manager is hereby authorized to do all
things necessary to effectuate the terms ofthis Resolution.
Section 4.
Effective Date. This Resolution shall take effect immediately upon adoption.
PASSED AND ADOPTED this 9th day of June, 2005
ATTEST:
'~A~
Jane A. Hines, City Clerk
APPROVED AS TO FORM
AND LEGAL SUFFICIENCY:
d~ <li;:)tI..
Eri~ N. Wright, Actin ity Attorney
Moved by:
Seconded by:
CoW\W\ls:s'lOIUER.. ~ AIV
V't<:.t VV\~oyT~
Vote: 5-D
Mayor Ede1cup
Vice Mayor Thaler
Commissioner Brezin
Commissioner Goodman
Commissioner Iglesias
v (Yes)
"'V"'(Yes)
~(Y es)
. ~Y es)
~(Yes)
_(No)
_(No)
_(No)
_(No)
_(No)
Renewal of Police Mutual Aid with Bay Hamor Islands
()
MU'rUAL AID AGUEMENT
Between the Town of Bay Barbor Islands
and the city of sunny Isles Beach police Departments
WHEREAS, it is the responsibility of the governments of the
Town of Bay Harbor Islands, Florida and the city of Sunny Isles
Beach, 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
man-made conditions which a.re, 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 that preparation of these law
enforcement agencies will be adequa~e 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 partiqipating
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 TBEUFO~, BE IT KNOWN that the Town of Bay Harbor
Islands, 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:
SlB
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 epumerates the
various conditions or situations where aid may b~
requested or rendered pursuant to this Agreement,
as" determined by concerned ,agency heads.'
Subsequent to execution by the concerned agency
heads, the joint declaration shalY be filed with
the'clerki of.therespective political subdivision~
and.' shall' thereafter become part of thi~ 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 Town of Bay Harbor Islands or the City
of Sunny Isles Beach Police Department.
c}
Agency head:
Ei ther the Chief of Police of the
Town of Bay Harbor Islands Police Department, or
the Chief's designees; and the Chief of Police of
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the City of Sunny Isles Beach 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 ev'ent that a party to this Agreement' is in
need of as~istance 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
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, '.
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 o,gency, and
for giving tactical control over a,;complishing any
such assigned mission and ~uperviso+y control over
all personnel or equipment provided. pursuant to
this Agreement to the providing agency.
5.. Powers , Privileges, Imrnuni ties, '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 poli tical subdivision in which they are
normally employed.
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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 Agteement 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 amou,nts 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 ~uch 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
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,
, .
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 ,a~d its political subdivision in any
.. suit, action or claim for damages resulting from any and
. all acts or cohduc~t of employees'of said providing agency
while providing aid pursuant to,thisAgreement, 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.
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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, 2010.
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 six~y (60) days written notice to the other
party. Cancellation will be at the discretion of 'the
chief e~ecutiv~ officers of the parties hereto. :
ACKNOWLEDGED this
.n NAME: Norman S. Ede!
yor, City of Sunn
Be"' ch, Florida
Florida
A'.rTEST:
ATTEST:
Florida
, .
~lfIN it ~,/
PIUN'l'BD NAME: Jane A'. -: Bine,s i
Clerk, City of Sun~y'!sles'
Beach, Florida ~~ ~
~ -, ~
APPROVED AS TO roD AND
LEGAL SUFFICIENCY:
APPROVED AS TO FO:J:tM' AND.
LEGAL SUFFICIENCY:"" . . "
, ~ 1L.Jf~ .
PRINTED NAME: ~ca. Wr'~hJ ,Jth~ f,ki
Attorney, City of Su ny Is es
Beach, Florida
Craig ~. Sherman
Town A~torney, Town of
Bay Harbor Islands, Florida
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JOIN'!' DECLARA'1'ION 01'
'1'HE CHIEF 01' '1'BE '1'OWN OF
BAY HARBOR. ISLANDS POLICE DEPAR'l'MENT
AND
'1'HE CHIEF OF '1'UE
CITY 01' SUNNY ISLES BEACB POLICE DEPARTMENT
PURSUANT '1'0 MU'rUAL AID AGREEMENT
A police officer of either of the participating law
enforcement agencies shall be considered to be operating under the
provisions of the Mutual Aid Agree~ent when:
· participating in law enforcement activities that are pre-
planned and approved by each respective agency head; or
· appropriately dispatched in response to a request for
assistance from the other law enforcement agency; or
· spontaneous response where assistance or aid is apparent
(see #9 below) .
In compliance with, and under the authority of, the Mutual Aid.
Agreement, heretofore entered into by the Town of Bay Harbor
Islands 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 agreemen~. 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 ~ffray 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 wi thin 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 persons calls.
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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. Traffic stops near
municipal boundaries, request for back-up assistance and
no local unit is available or nearby, calls or
transmissions indicating an officer is injured, calls
indicating a crime or 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.
10. Enemy attack.
11. Transportation of evidence requiring security.
12. Major events; e.g., sporting events, concert.s, parades,
fairs, festivals, and conventions.
13 . Security and esc'ort duties for dignitaries.
14. Emergency situations in which one agency cannot perform
its ~unctional objective.
15. Incidents requiring utilization of specialized units;
e.g., underwater recovery, aircraft, canine, motorcycle,
bomb, crime scene"marine patrol, and.police information.
16: JOint/raining in. areas
DATE: 7/1 <; (p-5'
. ,
9VL
J;>Hfl S. Ross, CHIEF
Town of Bay Harbor Islands
Police Department
of mutual ne~. .
DATE: {27!o~
{
,-~Q~
Fred Maas CHIEF
City of Sunny Isles Beach
Police Department
ATTEST:
ATTEST:
Florida
~ A..~"
Printed Name: J A ; in ' ,. -
Clerk, Ci ty"''Of Sun~~ Isles
Beach, Florida. ,
t,o.
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY:
E~ ~:..~
Acting City Attorney
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City of Sunny Isles Beach Police Department
18070 Collins Avenue
Sunny Isles Beach,Florida 33160
(305)947-4440
MEMORANDUM
To: The Commission, City Manager and Mayor of Sunny Isles Beach
From: ed A, Maas, Chief of Police
Date: June 9, 2005
Subject: Renewal of Mutual Aid and Joint Declaration Agreement with The Town
of Bay Harbor Island.
Recommendation:
It is recommended that the City Commission approve a Resolution authorizing the City
Manager and Chief of Police to execute a renewal Mutual Aid and Joint Declaration
Agreement with the Town of Bay Harbor Island.
Reason:
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 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
Additional Information:
The chance of existing and continuing possibility of the occurrence of law enforcement
problems and other natural and man-made conditions which are beyond our control, it is
in the public interest to renew the Mutual Aid Agreement, and related Joint Declarations
with the Town of Bay Harbor Island.
Agenda Item I b �.
Date - " DG