Res No 144-12-13701RESOLUTION NO:144-12-13701
A Resolution authorizing TheCity Manager ToEnterIntoMutualAid Agreement
WithThe Town of Medley For General And Specific Law Enforcement Duties On
Behalf OfTheCityOf South Miami Police Department Pursuant To Section
23.1225(3),Florida Statutes.
WHEREAS,Chapter 23,Florida Statutes,the Florida Mutual Aid Act,requires the authorization
by the governing body of the municipality before a Mutual Aid Agreement may be entered into by the
City Manager of the City of South Miami on behalf ofa law enforcement agency;and,
WHEREAS,there isthe 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 City of South Miami and/or the aforementioned
entities;and
WHEREAS,to meet the responsibility of the respective governments to ensure the public safety
of their citizens by providing adequate levels of police services,preparation must be made to protect the
public peace and safety and to preserve the lives and property of the people in the listed jurisdictions;and
NOW,THEREFORE,BEITRESOLVEDBYTHE MAYOR AND CITY COMMISSIONOF
THE CITY OF SOUTH MIAMI,FLORIDA;
Section 1:The City Manager of the City of South Miami is authorized to enter intoa Mutual Aid
Agreement with the Town of Medley,on behalf ofthe City of South Miami Police Department pursuant
to Section 23.1225(3),Florida State Statutes.
Section 2:That this resolution shalltakeeffectimmediatelyuponapproval.
PASSED AND ADOPTED this 24hh day of July,2012
ATTEST:
^CITY CLEPX v—Y
Read an
Execution
guage,
APPROVED:
'UAj—
Commission Vote:5-0
Mayor Stoddard:Yea
Vice Mayor Liebman:yea
Commissioner Newman:Ye a
Commissioner Harris:Yea
Commissioner Welsh:Yea
CITY OF SOUTH MIAMI
OFFICE OF THE CITY MANAGER
INTER-OFFICE MEMORANDUM
To:The Honorable Mayor &Members of theCity Commission
From:Hector Mirabile,PhD.,City Manager fw
Date:July 10,2012 Agenda Item No.:
Subject:Mutual Aid Agreement -Town of Medley
South Miami
Alt-AmetteaCity
UIIIF
2001
Request:A Resolution authorizing the City Manager to enter into a Mutual Aid
Agreement with the Town of Medley for general and specific law enforcement
duties on behalf of the City of South Miami pursuant to Section 23.1225 (3),
of the Florida State Statutes.
Background:Chapter 23,Florida State Statute,the Florida Mutual Aid Act,requires the authorization
bythe governing body of the municipality before aMutualAid Agreement maybe
entered intoby the Mayor orthe chief executive officer of the municipality on behalf of
alaw enforcement agency.Thereexiststhe possibility of law enforcement problems and
natural and man-made conditions which could be beyond the control of the services,
personnel,equipment or facilities of theCity of South Miami Police Department.
Preparations must bemadetosecureoutside resources toensurethe public safety of the
citizens by providing adequate levels of police services,to protect the public peace and
safetyandto preserve thelivesandproperty of thepeople.
Examples of Mutual Aid:
•MajorCrimeScenesorTrafficCrashesrequiringresourcesbeyondthoseavailablewithin
theCity.
•MajorEventssuchassportingevents,concerts,parades,SuperBowl-requiringresources
fromvirtuallyeveryagencyintheCounty.
•Civil disorder (riots).
•Natural or other disasters effecting oneormore communities.
•Narcoticsorotherundercoverinvestigations-requiring "fresh"undercoveragentsor
surveillance vehicles &equipment.
•Multi-Agency DUI Checkpoints.
•Back-upforofficersfrom/toneighboringagenciesforofficersafetyortoassistwithcrimes
in progress or other high priority callsfor service.
•Terroristactivityincluding,butnotlimitedto,acts of sabotage.
Expense:N/A
Attachments:•Draft Resolution
•Mutual Aid Agreement
Mutual Aid Agreement
Between the Town of Medley and the
City of South Miami Police Department
Whereas,itisthe responsibility ofthe government oftheTownof Medley,Miami-Dade
County,Florida and theCityofSouth Miami,Miami-DadeCounty,Floridatoensurethe
publicsafetyoftheir citizens byprovidingadequatelevelsofpolice services toaddressany
foreseeableroutineoremergencysituation;and
Whereas,becauseofthecontinuing possibility ofthe occurrence ofthelaw enforcement
problemsandother natural andman-madeconditionswhichare,orarelikelytobe,beyond
thecontroloftheservices,personnel,equipment,or facilities oftheTownofMedley Police
Department and/or theCityof South MiamiPolice Department;and
Whereas,in order to ensure theabilityoftheselaws enforcement agencieswillbe adequate
to address anyandalloftheseconditions,to protect thepublicpeaceandsafety,and
preservethelivesand property ofthepeopleoftheTownofMedleyandtheCityofSouth
Miami;and
Whereas,Townof Medley and theCityofSouthMiami 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 Town of Medley and the City of South Miami
municipal corporations ofthe State of Florida,by and through their undersigned
representatives,in consideration for mutual promises to render valuable aid intimesof
necessity,do hereby agree tofully 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
andarequested operational assistanceagreement,asdescribesin Chapter 23,Florida
Statutes.
3.Definitions:
a-Joint Declaration:Adocumentwhichenumeratesthevarious conditions of
situations whereaidmayberequestedorrenderedpursuanttothis Agreement,as
determined by concerned agencyheads.Subsequent to execution bythe concerned agency
heads,thejoint declaration shallbe filed withthe clerks ofthe respective municipalities and
shallthereafterbecome part ofthis Agreement.Saiddeclarationmaybeamendedor
supplemented bymutual agreement atany time,upon filing asubsequent declaration with
theclerksofthe respective municipalities.
b.Agency orparticipatingLawEnforcementAgency:TheTownofMedley Police
Department and the City of South Miami Police Department.
c.Agency Head:TheChiefofPoliceofthe Town of Medley Police Department orthe
Chiefs designees;and theChiefofPoliceoftheCityof South MiamiPolice Department,or
the Chiefs designees.
d.Authorized Agency Representative:Agency head as defined herein.
e.Participating Municipal Police Department:ThePolice Department ofany
municipality in Miami-Dade County,Florida,that has approved and executed this
Agreement upon the approval ofthe governing body of that municipaUty.
f.Certified Law Enforcement Employee:Anylaw enforcement employee certifiedas
provided in Chapter 943,Florida Statutes.
g.Chief Executive Officer:Theofficialforthe municipality who,by charter or
ordinance,has authority tosigncontractsforthe municipality.
4.Operations:
a.Inthe event that a party tothis Agreement isin need ofassistanceasspecifiedinthe
applicablejointdeclarationattachedasExhibit"A",an authorized representativeofthe
PoliceDepartmentrequiringassistanceshallnotifytheAgencyfromwhomsuch assistance is
requested.The authorized AgencyRepresentative(ChieforDesignee)whoseassistanceis
soughtshallevaluatethesituationandhis/her available resources,andwillrespondina
manner deemed appropriate.
b.Each partytothisAgreementagreestofurnishnecessarymanpower,equipment,
facilities,andother resources andto render services totheotherpartyas 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 itsown manpower,
equipment,facilities,andother resources and services in rendering such assistance.
c.COMMAND AND SUPERVISORY RESPONSIBILITY:The personnel and equipment that
are assigned bythe assisting director shall be under the immediate command ofa supervising officer
designated bythe assisting director.Such supervising officer shall beunderthe direct supervision
and command ofthe director or his/her designee ofthe agency requesting assistance.
CONFLICTS:Wheneveran officer is rendering assistance pursuanttothis Agreement,the
officer shall abidebyandbe subject tothe rules and regulations,personnel policies,general
orders,andstandardoperating procedures ofhis/her own employer.Ifanysuchrule,
regulation,personnelpolicy,general orderor standard operatingprocedureis contradicted,
contravened orotherwisein conflict witha direct orderofasuperiorofficerofthe requesting
agency,thensuchrule,regulation,policy,general order or procedure shall control and shall
supersede the direct order.
HANDLING COMPLAINTS:Whenever thereiscauseto believe that a complaint hasarisenas
aresultofacooperativeeffortasitmaypertaintothis Agreement,theChiefof Police or
his/herdesigneeoftherequestingagencyshallberesponsibleforthedocumentationofsaid
complaint toascertainata minimum:
1.The identity of the complainant
2.An address where the complaining partycanbe contacted
3.Thespecific allegation
4.The identity of the employees accused without regardtoagencyaffiliation
a.Ifitis determined that theaccusedisan employee of the assistingagency,theabove
information,with all pertinent documentation gathered during thereceiptandprocessing
ofthe complaint,shall be forwarded without delay to the agency for administrative
review.The requesting agency may conduct a review ofthe complaint to determine if any
factual basisforthe complaint existsand/or whether anyofthe employees ofthe
requesting agency violated anyoftheiragency'spoliciesor procedures.
The Agency Headofthe participating Law Enforcement Agencies,ortheirdesignees,may
modify theseprocedureestablishproceduresforgivingcontrolofthe mission definitionto
the requesting Agency,andfor giving tacticalcontrol over accomplishing anysuchassigned
mission and supervisory control over all personnel or equipment provided pursuant to this
Agreement tothe providing Agency.
5.Powers,Privileges,Immunities,andCosts:
a.All employees ofthe participating Law Enforcement Agencies,including certified
law enforcement employees asdefinedinChapter 943,FloridaStatutes,duringsuchtime
thatsaid employees are actually providingaidoutsideofthe jurisdictional limitsofthe
employed municipality pursuanttoa request foraidmadein accordance withthis
Agreement,shall,pursuant totheprovisionsofChapter 23,FloridaStatutes,havethesame
powers,duties,rights,privileges,andimmunitiesasiftheywere performing theirdutiesin
the municipality in which they are normally employed.
b.The municipality having financial responsibility for the Law Enforcement Agency
providing services,personnel,equipment,orfacilities pursuant tothe provisions ofthis
Agreement shall bear any lossor damage to same and shall pay any and allexpenses
incurred inthe maintenance and operation ofthesame.
c.The municipality having financialresponsibilityfortheLawEnforcementAgency
providing aid pursuant tothis Agreement shall compensate allofits employees rendering
aid pursuant tothisAgreementduringthetimeoftherenderingofsuchaidandshalldefray
actualtravelandmaintenanceexpensesofsuch employees whiletheyarerenderingsuchaid.
Such compensation shallincludeanyamountspaidordueforcompensationduetopersonal
injuryordeathwhilesuchemployeesareengagedinrenderingsuchaid.Suchcompensation
shallalsoincludeallbenefitsnormallyduetosuch employees.
d.Allexemptionfromordinanceandrules,andallpension,insurance,relief,
disability,worker's compensation,salary,death,andother benefits which apply tothe
activity ofsuch officers,agents,or employees ofanysuch agency when performing their
respective functions withinthe territorial limits of their respective agencies shall apply to
them tothe same degree,manner,and extent while engaged inthe 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 topaid auxiliary employees.
e.Employees ofthe subscribing law enforcement agencies,when actually engaging in
mutual cooperation and assistance outside oftheir normal jurisdictional limits but inside this
State,underthe terms ofthis Agreement,shall pursuant tothe provisions of§23.127(1),F.S.
have the same powers,duties,rights,privileges and immunities asif the employee were
performing duties inside the employee's political subdivision in which normally employed.
f.Nothing herein shall prevent the requesting agency from requesting supplemental
appropriationsfromthegoverningauthorityhavingbudgetingjurisdictiontoreimbursethe
assisting agency for any actual costs of expenses incurred bythe assisting agency performing
hereunder.
6.Forfeitures:It isrecognizedthatduringthecourseoftheoperationofthis Agreement,
property subjectto forfeiture under the Florida Contraband Forfeiture Act,Florida Statutes,
maybeseized.The property shallbeseized,forfeited,andequitable distributed amongthe
participating agenciesin proportion tothe amount of investigation and participation
performed byeachAgency("theAgency's Contribution").Thisshalloccur pursuant tothe
provisionsoftheFlorida Contraband ForfeitureAct.TheAgencywhophysicallyseizesthe
property shall have the responsibility fortimelyand properly followingthe statutory
procedure forforfeitureofthe property.TheAgencythat prosecutes theforfeiture
proceedings shall recover,from theforfeiture proceeds,itscosts,including reasonable
attorney fees,associated with said proceedings,or,inthe event the recovery is personal
property,then said costs shall be added tothe value ofthe Agency's Contribution tothe
investigationand participation andtheAgenciesinvolveintheseizureshallequitableshare
intheuseof the property in proportion tothe Agency's Contribution.
7.Indemnification:The municipality havingfinancial responsibility fortheLaw
EnforcementAgency providing aid pursuant tothis Agreement agreestoholdharmless,
defend,and indemnify the requesting LawEnforcementAgency and its municipality inany
suit,actions,orclaim for damages resulting from orarising out ofany and allacts,omissions
orconductofemployeesofsaid providing Agencywhile providing aid pursuant tothis
Agreement,subjectto Chapter 768,FloridaStatutes,whereapplicable.Themunicipality
requesting aidshall indemnify the municipality providing aidfromanysuits,actionsor
claimsfordamages resulting fromorarisingoutofanyact,omissionorconductof
employees of the requesting municipality.
8.Conflicts:Anyconflicts between thisAgreementandtheFlorida Mutual AidActwill
becontrolledbytheprovisionsofthelater,wheneverconditionsexistthatarewithinthe
definitions stated in Chapter 23,Florida Statutes.
9.Effective DateandDuration:ThisAgreementshallbeineffectfromdateofsigning,
through and including,July 15,2016.
/
10.Cancellation:This Agreement maybe cancelled by either party upon sixty (60)days
written notice tothe other party.Cancellation willbeatthe discretion ofthe Chief Executive
Officer of theparties hereto.
11.Modification,Amendment andWaiver:Thisagreementcontainstheentire
agreement ofthe parties andno modification or amendment ofany terms or provisions of
this agreement shall bevalidor binding unless it complies with this paragraph.This
agreement in general and this paragraph in particular,shall notbe modified,amended or
waived except in writing signed byboth parties.The waiver ofany breach or default of any
ofthe terms ofthisAgreement shall not act as a waiver ofany subsequent breach or default.
12.Validityof Executed Copies:This agreement maybe executed in several
counterparts,eachofwhich may beconstruedasan original.
AGREED TO AND ACKNOWLEDGED this.
ifONRODRIGUEZ
ft)R
town of Medley,Florida
Date:
Attest:,
HERLMA TABOADA
TOWN CLERK
TOWN OF MEDLEY,FLORIDA
APPROVED AS TO FORM
AND LEGAL SUFFIi
MICHAEL A.PIZZI,'
TOWN ATTORNEY
TOWN OF MEDLEY,FLORIDA
.day of
7 ^e*~7'
Sector MiRABiLE,P^!)
CITY MANAGER
CITY OF SOUTH MIAMI,FLORIDA
Date:Ao^22,20l2
MENENDEZ^/^C.7
CITY CLERK
CITY OF SOUTH MIAMI,FLORIDA
^2012
APPROVmASTO FORM
LANGUAGE,EXEC
^EGAL\TYTHEREO]
IOMASPEPE,:
CITY ATTORNEY
'SOUTH MIAMI,FLC
JF^NETTE SATO-JINEW
CHIEFOFPOLICE,MEDLEY PD
IDO MAKJINEZpE CASTRC
'OF POLICE,SOUTH MIAMI PD