HomeMy WebLinkAboutReso 2016-2630 RESOLUTION NO. 2016- 2,103O
A RESOLUTION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA,
APPROVING THE RENEWAL OF THE MUTUAL AID AND JOINT
DECLARATION AGREEMENT BETWEEN THE CITY AND THE CITY OF
AVENTURA, FLORIDA, ATTACHED HERETO AS EXHIBIT "A";
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 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 City of Sunny Isles Beach and participating Miami-Dade County municipalities;
WHEREAS, it is in the public interest to renew the Mutual Aid and Joint Declaration
Agreement with the City of Aventura, Florida.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF SUNNY ISLES BEACH AS FOLLOWS:
Section 1. Approval of Mutual Aid Agreement. The City Commission hereby approves the
renewal of the Mutual Aid and Joint Declaration Agreement between the City of Sunny Isles Beach
and the City of Aventura, attached hereto as Exhibit "A".
Section 2. Authorization of City Manager. The City Manager is hereby authorized to do all
things necessary to effectuate this Resolution.
Section 3. Effective Date. This Resolution shall take effect immed.. ely up.n adoption.
PASSED AND ADOPTED this 17th day of November 2016.
George H. holl, Mayor
R2016-Police Mutual Aid Agmt Aventura Page 1 of 2
ATTEST: •, .
..N ‘i k ati Jur...,
Jane A. Hines,MMC, City Clerk
APPROV 14 AS TO FORM
Al--.E;,;i(j FFICIENCY:
ins Ottinot, :ty Attorney
n r
Moved by: � A- .LAD-10
Seconded by: Cn_
Vote: ;-0
Mayor Scholl (Yes) (No)
Vice Mayor Gatto V(Yes) (No)
Commissioner Aelion (Yes) (No)
Commissioner Goldman V (Yes) (No)
Commissioner Levin f(Yes) (No)
R2016-Police Mutual Aid Agmt Aventura Page 2 of 2
MUTUAL AID AGREEMENT
Between the City of Sunny Isles Beach Police Department
and the City of Aventura Police Department
WHEREAS, it is the responsibility of the governments of the City of Sunny Isles
Beach, Florida, and the City of Aventura, 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 manmade conditions which
are, 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 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 of 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 the Mutual Aid Agreement provides for the requesting
and rendering of assistance for both routine and intensive law
enforcement 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
City of Sunny Isles Beach Police Department or the participating
municipal police department.
C. Agency Head:. Either the Chief of the City of 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 employees: 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 which 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 man
power, 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,
• 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 regularly
employed.
B. The political subdivision having financial responsibility for the law
enforcement agency providing the services, personnel, equip-
ment, 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 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 exemptions 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
1 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
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said providing agency while providing aid pursuant to this Agreement,
subject to Chapter 768, Florida Statutes, where applicable.
7. Forfeitures: It is recognized that diming .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 conflict 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 2.3, Florida
Statutes.
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9. Effective Date and Duration: This Agreement shall be in effect from
date of signing, through and including .January 1, 2021, and under no
circumstances may this Agreement Abe renewed, amended or extended
except in writing.
10. Cancellation: . This Agreement may be canceled by either party upon.
v sixty (6 0 -ys written notice to the other party. Cancellation will be at the
discr: ion o the chief executive officers of the parties hereto.
. AGREE, AND ACKNOWLEDGED this 17 day of AA __, ► 4.0.
George H. Sc.oll Eric M. Sorok-
Mayor, City Manager,
City of Su•ny Isles Beach, FL - City of Aventur= F r.At,,
ATT T: ATTEST: . ,A'
�U
Jane A. Hi es Ellisa L. klet \�J^r�+i �i . ,i • o°
. City.Clerk, City Clerk, oa ttfi.
City of Sunny Isles Beach, Fl. City of Aventura, FI.
PROVED AS TO FORM AND LEGAL SUFFICIE CY:
. A di L4114 1/V t
I City/• s - ey, ' City Attorney,
/City of Sunny Isles Beach, FI. City of Aventura, Fl.
Y
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JOINT DECLARATION .
OF.THE CHIEF OF THE CITY OF SUNNY ISLES BEACH POLICE DEPARTMENT
AND THE CHIEF OF THE CITY OF AVENTURA POLICE DEPARTMENT
PURSUANT TO MUTUAL AID AGREEMENT '
A deputy sheriff Or police officer of eitherof 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, hereto
entered into by the City of Sunny Isles Beach, Florida, and the City .of
Aventura, Florida, it its 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
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 hot limited to, acts of sabotage
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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, backups
to emergency and in-progress calls, pursuits, and missing persons calls
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9. Enemy attack
.10. Transportation of evidence requiring security
11. . .Major events;_e.g., sporting events, concerts, parades, fairs, fe stivals, and
conventions
12. Security and escort duties for dignitaries
.1.3. Emergency situations in which one agency cannot perform its.functional
• objective
- .14. . Incidents requiring utilization of specialized units; e.g., underwater
recovery, canine, motorcycle, Crime Scene, marine patrol enforcement or
investigation, and police information
15. Joint training in areas of mutual need
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16. 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 assistance and no.local unit is available
.or nearby, calls or transmissions indicating an. 'officer is injured; calls
indicating a crime of 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
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17. Mutual enforcement of- all existing applicable laws and ordinances and
exercise of arrest powers within the area comprising the jurisdictional
waters within respective municipal boundaries
DATE: IND 0 6( l71�(�o DATE: 6er JO itQ
Fre. A..Maa S eve Steinberg
Chief of Police. • Chief of Police
Sunny Isles Beach, Florida Aventura, Florida
A • ATTEST:
IA.714
a f-s- n:,
Ci `� orney, City Attorney,
Stt ny Isles Beach, Florida. Aventura, Florida
JOINT DECLARATION AMENDMENT UNDER
CITY OF SUNNY ISLES BEACH POLICE DEPARTMENT AND THE CITY OF
AVENTURA POLICE DEPARTMENT'S
MUTUAL AID AGREEMENT
This Agreement amends the Joint Declaration under the Mutual Aid Agreement
of 0.5Q,.A,p,‘ ("1 , 20 ((el to include and permit concurrent marine patrol
related jurisdiction between agencies on the waters, waterways, canals,
channels, rivers, lakes, streams, and any and all other bodies of waters, including
the Intracoastal Waterway (ICW) that fall within either jurisdiction at this or any
future time during the term of this Mutual Aid Agreement.
It will be agreed between both Chiefs of Police of the City of Sunny Isles Beach
and the City of Aventura to the following conditions of concurrent marine patrol
related jurisdiction:
1. Both agencies will be permitted to patrol jurisdictional waters of either
jurisdiction, and to take enforcement actions as deemed appropriate
under city, state, and federal laws, rules, and regulations, and to write
boating law violation citations, make arrests, and to attend court on be-
half of the other agency.
2. Both agencies agree that any and all incidents, which require an initial
(preliminary) police offense incident report (OIR), will be completed by
the agency making the initial contact. Any follow-up investigations that
are required are to be completed by the jurisdiction the incident occurred
regardless of which agency completed the original offense incident report.
3. If an arrest is made by one agency that is operating in the jurisdictional
waters of the other agency, and that arrest results in asset forfeiture
proceedings, both agencies agree to a 50-50 share of the final asset
distribution following the payment of all expenses relating to the prose-
cution of the civil case. The jurisdiction of civil forfeiture action shall be
filed by seizing agency.
4. Both agencies have the right to set their own days and hours for marine
patrol and agree to provide assistance and aid to the other agency under
the spirit of Mutual Aid Agreement.
This Amendment shall become effective upon the signing of both Chiefs of Police
and shall remain in effect until either the current Mutual Aid Agreement and Joint
Declaration expires or either agency gives written notice to the other agency to
• rescind this Amendment.
I accept the terms and conditions of the aforementioned Amendment to the
current Mutual Aid Agreement and Joint Declaration between the City of Sunny
Isles Beach Police Department and the City of Aventura Police Department.
A a 1 - •ti- On-ir IDScg0ILP
Date of Date
- -1-:11111111
George H. :choll Eric M. Son+
Mayor City Manag=
City of unny Isles Beach, Florida City of Avent. ►:, Fl.
Fred A. Maas Steve Steinberg
Chief of Police Chief of Police
City of Sunny Isles Beach, Florida City of Aventura, Fl.
City of Sunny Isles Beach
r",‘3--, 4,-,! :63.. 18070 Collins Avenue
Sunny Isles Beach, Florida 33160
iF ; Qp�° ; (305)947-0606 City Hall
4
OR 5 t (305)949-3113 Fax
MEMORANDUM
TO: The Honorable Mayor and City Commission
VIA: Christopher J. Russo, City Manager
FROM: Fred A. Maas, Chief of Police
Michael A. Grand inetti, Captain of Police
DATE: 11/17/2016
RE Mutual Aid and Joint Declaration Agreement with the City
of Aventura, Florida
RECOMMENDATION:
It is recommended that the City Commission approve the Resolutions
authorizing the Mayor and Chief of Police to renew the Mutual Aid and
Joint Declaration Agreement with the City of Aventura. •
REASONS:
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 renew the
Mutual Aid Agreement and related Joint Declarations with the City of
Aventura.
309