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HomeMy WebLinkAboutReso 2008-1347 RESOLUTION NO. 2008-BD A RESOLUTION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, APPROVING AN AGREEMENT WITH THE SCHOOL BOARD OF MIAMI- DADE COUNTY 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 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 of the Miami-Dade Schools Police Department or 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 and all of these conditions, to protect public peace and safety and to preserve the lives and property of the public of the School Board of Miami-Dade County and the City of Sunny Isles Beach; WHEREAS, it is in the public interest to enter into a Mutual Aid Agreement, and related Joint Declaration with the School Board of Miami-Dade County. 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 School Board of Miami-Dade County and the City of Sunny Isles Beach and the Joint Declaration between the Chief of the Miami-Dade Schools Police Department and the Chief of the Sunny Isles Beach Police Department, attached hereto as Exhibits "A" and "B" respectively, be and the same, are hereby approved. Section 2. Authorization of Mavor 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 Exhibits "A" and "B," respectively. R2008- Police Mutual Aid Agmt w/School Bd Page I of2 \ 1----- - Section 3. Authorization of City Manager. The City Manager is hereby authorized to do all things necessary to effectuate this Resolution. Section 4. Effective Date. This Resolution shall take effect immediately upon adoption. PASSED AND ADOPTED this 18th day of November 2008. ATTEST: ~A~ Jane A. Hines, CMC, City Clerk Moved by: ('b~ Sc.. \4DLL ~a yy\~y TYA-LLR- Seconded by: Vote: 5-0 Mayor Edelcup Vice Mayor Thaler Commissioner Brezin Commissioner Goodman Commissioner Scholl \,./"(Y es) ~Yes) 0Yes) ~CY es) -.0..Y es) _(No) _(No) _(No) _(No) _(No) R2008- Police Mutual Aid Agmt w/School Bd Page 2 of2 MUTUAL AID AGREEMENT Between The School Board of Miami-Dade County and the City of Sunny Isles Beach Whereas, it is the responsibility of the governments of The School Board of Miami- Dade County, Florida, and The City of Sunny Isles Beach 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 Schools Police Department or The City of Sunny Isles Beach 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 School Board of Miami-Dade County and The City of Sunny Isles Beach; and Whereas, The School Board of Miami-Dade County and The City of Sunny Isles Beach 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 School Board of 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 Exhibit "A" 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 vanous conditions or situations where aid may be requested or rendered pursuant to this Agreement, as determined by concerned agency heads. Subsequent to execution by 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 Schools Police Department or The City of Sunny Isles Beach Police Department. c. Agency head: Either the Chief of the Miami-Dade Schools Police Department, or the Chiefs designees; and the Chief of Police of The City of Sunny Isles Beach Police Department, or the Chiefs designees. d. The participating police department: The police department of any municipality in the State of Florida that has approved and executed this Agreement upon the approval of the governing body of that municipality. 2 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 or her available resources, and will respond in a manner deemed appropriate. b. Each party to this Agreement agrees to furnish necessary personnel, 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 personnel, 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. However, each employee shall also be subject to the personnel rules, regulations, procedures, and policies applicable to his or her employing agency. 5. Powers, Privileges, Immunities, and Costs: 3 a. All employees of the participating 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 the 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. The political subdivision having financial responsibility for the law enforcement agency receiving aid pursuant to this Agreement shall compensate all of its employees pursuant to the Agreement during the time of the receiving of such aid. 4 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. e. All exemptions 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, and the political subdivision having financial responsibility for the law enforcement agency receiving aid pursuant to this Agreement, each agree to hold harmless, defend, and indemnify each other in any suit, action, or claim for damages resulting from any and all acts or conduct of employees of each agency while providing or receiving aid pursuant to this Agreement, subject to Chapter 768, Florida Statutes. 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 perfomled by each agency. This shall occur pursuant to the provisions of the Florida 5 Contraband Forfeiture Act. Any participating agencies must request sharing, in writing, before the entry of a Final Order of Forfeiture, or they will be barred from claiming any portion of the property forfeited. 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, 2015. 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. AGREED TO AND ACKNOWLEDGED this , 2008 Mr. ~ eo. Carvalho, Superintendent Miatni..: ade County Public Schools WITNESS: ATTEST: ~fi~ Clerk Miami-Dade County Public Schools Clerk Jane A. Hines , City of Sunny Isles Beach, Florida APPROVED AS TO FORM AND LEGAL SUFFICIENCY APPROVED AS TO FORM AND LEG L SUFFICIENCY ~, rl~--I Attorney Miami-Dade County Public Schools 6 I . JOINT DECLARATION BETWEEN THE CHIEF OF THE MIAMI-DADE SCHOOLS POLICE DEPARTMENT AND THE CHIEF OF THE SUNNY ISLES BEACH POLICE DEP ARTMENT PURSUANT TO MUTUAL AID AGREEMENT A police officer of either of the participating law enforcement agencies shall be con- sidered 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, Florida and The School Board of 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 multi-jurisdictional criminal investigations. 2. Civil affray or disobedience, disturbances, riots, large protest demonstra- tions, 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 elec- trical 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. Exhibit "B" .. 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 ob- jective. 14. Incidents requiring utilization of specialized units; e.g., underwater recov- ery, aircraft, canine, motorcycle, bomb, crime scene, marine patrol, and po- lice information. 15. Joint training in areas of mutual need. 16. Joint multi-jurisdictional marine interdiction operations. The following procedures will apply in mutual aid operations: 1. Mutual aid requested or rendered will be approved by the Chief of Police or 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 main- tain 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 pro- cedures. '" 2D a,~ Fred Maas, OUefof Police Sunny Isles Beac 7lice Department 11.-o/-r:tJ' Date /oh.t.lh? Date Clerk Date , - TO: Via: From: Date: Subject: City of Sunny Isles Beach 18070 Collins Avenue Sunny Isles Beach, Florida 33160 City Commission Norman S. EdeleuJl. Mayor I.ewis .1. Thaler. Vice Mayor Roslyn Brezin. Commissioner Gerry Goodman. Commissioner George "Bud" Scholl. Commissioner (305) 947-0606 City Hall (305) 949-3113 Fax (305) 947-2150 Building Department (305) 947-5107 Fax A. ,John Szerlag. City Manager lIans Ottinot. City Attorney ,Jane A. lIines. CMC City Clerk MEMORANDUM The Honorable Mayor and City Commission John Szerlag, City Manager Fred A. Maas, Chief of Police @Michael A. Grandinetti, Police Captain November 18,2008 Enter into a Mutual Aid and Joint Declaration Agreement with School Board of Miami-Dade County Recommendation: I t is recommended that the City Commission approve a Resolution authorizing the City l\Ianager and Chief of Police to execute a Mutual Aid and Joint Declaration Agreement with the School Board of Miami-Dade County. 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 and 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 enter into a Mutual Aid Agreement, and related Joint Declarations with the School Board of Miami-Dade County. F AM/mg hll1uing a"ailable: Finance Department Commission i\kcting Dale: To he com leted hI' Citl' Clerk's Oflice :\gl"llua Item No.: '0 G II-'~-O~ Recomml"lluation Letter ,\Iutual i\iu - ~chool Hoaru.uoc , l~@~~tJr~,W ~~'~iXE~L\-.;v r ..)1/1-.11'1 Itl'I1,1"n'" ,'C' " Alberto M Carvalho . " 1 -D. "... OL'II, V ~ 100, do, fi"rI Agustin J. Barrera. Chair Perla Tabares Hantman. Vice Chair Renier Diaz de la Portilla Evelyn Langlieb Greer Dr IMlbert "Tee" Hal/away Dr Martin Karp Ana Rivas Logan Dr Marta Perez Dr Solomon C Stinson ; ~ October 14, 2008 Chief Fred Maas Sunny Isles Beach Police Department 18070 Collins Avenue Sunny Isles Beach, FL 33160 , _ "c:~:_29 lMg~~3R I. Dear Chief Maas: The Miami-Dade Schools Police Department (M-DSPD) recently conducted an audit of the Mutual Aid Agreements (MAA) and Joint Declarations (JD) between the M-DSPD and all outside agencies. There were several areas of concern raised as a result of this audit with regards to the validity, legal sufficiency, accuracy and expiration of these pacts. MAAs and JDs between M-DSPD and outside agencies are designed and intended to outline and define the statutory authorization used to create a plan for the coordination of law enforcement operations across jurisdictional lines. There are countless types of events that could potentially necessitate a full- scale response by first-responders and emergency providers. Whether it be a natural disaster such as a hurricane, flooding and other unstable weather system, or a critical incident at the hands of criminals such as a school shooting or other criminal act; M-DSPD must have a suitable plan in place, as well as the legal framework for which to operate within. The impact of our schools and students upon your jurisdiction is high; M-DSPD understands and respects this. M-DSPD seeks to uphold its obligation in ensuring the appropriate coverage of school related incidents, while fully cooperating in your investigative initiatives with regards to part-one crimes. Without the creation of well vetted and thought-out MAAs and JDs, we hinder our combined ability to co-serve our communities. It is through continuous collaboration that we can effectively combat crime and juvenile violence in our neighborhoods and school communities. While neither limiting nor enhancing current and established practices, the attached MAA and JD are rudimentary in nature, spelling out only the necessary information. I am therefore requesting your assistance in executing the final approval process as expeditiously as possible. This will ensure our cooperative operations are not skewed or interrupted by previously promulgated agreements that lacked legal sufficiency, accuracy and statutory compliance with regards to expiration dates. If you have any questions please, contact me at 305-754-9630. CJHI L135 Enclosure (\\ I (~ . (). ~..' ;"1: .., "f1.I' The Miami-Dade Schools Police Department. 6100 NW 2nd Avenue. Miami, Florida 33127 305-995-COPS . Fax 305-751-7626. http://police.dadeschools.net TO: FROM: DATE: RE: City of Sunny Isles Beach 18070 Collins Avenue Sunny Isles Beach, Florida 33160 (305) 947-0606 City Hall (305) 949-3 I I 3 Fax (305) 947-2150 Building Department (305) 947-5107 Fax City Commission Norman S. Edelcup, Mayor Lewis J. Thaler, Vice Mayor Roslyn Brezin. Commissioner Gerry Goodman, Commissioner George "Bud" Scholl, Commissioner A. John Szerlag, City Manager Hans Ottinot, City Attorney Jane A. Hines, CMC, City Clerk MEMORANDUM Fred Maas, Chief of Police Priscilla Walker, CMC, Deputy City Clerk/Office Mana?~ December 10, 2008 Approval of MDC Police Mutual Aid and Joint Declaration Agreement At its meeting of November 18,2008, the City Commission adopted Resolution No. 2008-1347 which approved the above-referenced agreement. Attached are an original agreement for transmittal to the County and a copy for your records. Thank you. Ipw Attachments Mdc Police Mutua! Aid Agrmt & Declaration Trans Memo