Res No 002-11-13316RESOLUTION NO% 02-11-13316
A Resolution Of The Mayor And City Commission Of The City Of South
Miami, Florida Authorizing The City Manager To Enter Into Mutual Aid
Agreement With The City Of North Miami Beach Police Department For
General And Specific Law Enforcement Duties On Behalf Of The City Of
South Miami Police Department Pursuant To Section 23.1225 (3), Florida
Statutes; Providing An Effective Date.
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 of a law enforcement agency; and,
WHEREAS, there is 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 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, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION
OF THE CITY OF SOUTH MIAMI, FLORIDA:
Section is The City Manager of the City of South Miami be, and hereby is authorized to
enter in to a Mutual Aid Agreement with the City of North Miami Beach Police Department, on behalf
of the City of South Miami Police Department pursuant to Section 23.1225(3), Florida Statutes. .
Section 2: That this resolution shall take effect immediately upon approval.
PASSED AND ADOPTED this 4th day of January, 201 1 .
ATTEST:
CITY CLERK
Read and Approved To Form and Sufficiency:
CITY ATTORNEY
APPROVE D:
N
MAY
Commission Vote:
5 -0
Mayor Stoddard:
Yea
Vice Mayor Newman:
Yea
Commissioner Palmer:
Yea
Commissioner Beasley:
Yea
Commissioner Harris:
Yea
South Miami
A9RlnerisaCilV
CITY OF SOUTH MIAMI
OFFICE OF THE CITY MANAGER
INTER - OFFICE MEMORANDUM 2001
To: The Honorable Mayor & Members of the City Commission
From: Hector Mirabile, PhD., City Manager
Date: December 20, 2010 / Agenda Item No.:
Subject: A Resolution of The Mayor And City Commission Of The City Of South
Miami, Florida Authorizing The City Manager To Enter into Mutual Aid
Agreement With The City Of North Miami Beach Police Department For
General And Specific Law Enforcement Duties On Behalf Of The City Of
South Miami Police Department Pursuant To Section 23.1225 (3), Florida
Statutes; Providing For An Effective Date.
Background: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 Mayor or the chief executive officer of
the municipality on behalf of a law enforcement agency. There exists the
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 the City of South Miami Police Department. Preparations must be
made to secure outside resources to ensure the public safety of the citizens by
providing adequate levels of police services, to protect the public peace and
safety and to preserve the lives and property of the people.
Examples of Mutual Aid:
• Major Crime Scenes or Traffic Crashes requiring resources beyond those available within
the City.
• Major Events such as sporting events, concerts, parades, Super Bowl — requiring
resources from virtually every agency in the County.
• Civil disorder (riots).
• Natural or other disasters effecting one or more communities.
• Narcotics or other undercover investigations — requiring "fresh" undercover agents or
surveillance vehicles & equipment.
• Multi- Agency DUI Checkpoints.
• Back -up for officers from /to neighboring agencies for officer safety or to assist with
crimes in progress or other high priority calls for service.
• Terrorist activity including, but not limited to acts of sabotage.
Expense: N/A
Backup Documentation:
❑ Draft Resolution
❑ Mutual Aid Agreement
JOINT DECLARATION OF THE CHIEF OF
THE CITY OF NORTH MIAMI BEACH POLICE DEPARTMENT AND THE
CHIEF OF THE SOUTH MIAMI POLICE DEPARTMENT
PURSUANT TO MUTUAL AID ACT
A police officer of either of 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
heretofore entered into by the City of North Miami Beach and the City of South Miami, 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 multijurisdictional criminal investigations.
2. Civil affray or disobedience, disturbances, riots, large protest
demonstrations, controversial trails, 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 failures.
5. Terrorist activity 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.
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
objective.
14. Incidents requiring utilization of specialized units e.g., underwater recovery,
aircraft, canine, motorcycle, bomb, crime scene, marine patrol and police
information.
15. Joint training in areas of mutual need.
16. Joint multijurisdictional marine interdiction operations.
ATTEST: CITY OF NORTH MIAMI
bit/Clerk, North Miami Beach
Date:
ATTEST:
City Clerk, South Miami
Date:— 141
Date: I q
Dr. Hector Mirabile, City Manager
Date: i _
: f f
OPERATIONAL ASSISTANCE MUTUAL: AID AGREEMENT
WITNESSETH
IE O THE SUB T IS TO THE ADVANTAGES OF EACH o RECEEP/EOAND EXTEND MUTUAL AID
EACH INTENSIVE SITUATION INCLUDING BUT NOT LIMITED TO NACTURAL OREMAN MADE DISASTERS
OR EMERGENCIES AS DEFINED UNDER SECTION 252.34, FLORIDA STATUTES; AND,
WHEREAS, THE SOUTH MIAMI POLICE DEPARTMENT AND THE NORTH MIAMI ES, et seq., POLICE
DEPARTMENT HAVE THE AUTHORITY UNDER SECTION 23.I2, FLORIDA STATUTES, ,
FLORIDA MUTUAL AID ACT, TO ENTER INTO A MUTUAL AID AGREEMENT FOR LAW
ENFORCEMENT SERVICE WHICH PROVTDBS FOR RENDERING OF ASSISTANCE IN A LAW
M,FORCBMENTEMERGENCY.
NpW, TI3ER'FORE, THE PARTIES AGREE AS FOLLOWS:
SECTION I: PROVISIONS FOR OPERATIONAL ASSISTANCE
EACH . OF TIM AFORESAID LAW HEBY APPROVE AND ENTER INTO
THIS AGREEMENT WHEREBY ACHO OF TIM AGENCIESS MAYS REQUEST AND RENDER LAW
ENFORCEMENT ASSISTANCE TO THE OTHER TO INCLUDE, BUT NOT NECESSARILY BE LIMITED
TO, DEALING WITH CIVIL DISTURBANCES,. LAW ENFORCEMENT HURRICANES, OR OTHER
DEMONSTRATIONS, AIRCRAFT DISASTERS, FIRES, IIURRI
VMATHER- RELATED CRISES, SPORTING EVENTS, CONCERTS, PARADES, ESCAPES FROM OF
DETENTION FACILITIES, OFF DUTY SNNMENT INCIDENTS REQUIRE F
SPECIALIZED UNITS AND ANY THERSIT DAMBD BY EACH O THE
AFORESAID AGENCY HEADS.
SECTION TI: PROCEDURE FOR REQUESTING ASSISTANCE
IN THE EVENT THAT A PARTY TO THIS AGREEMENT IS IN NEED OF ASSISTANCE AS SET FORTH
TIVE OF NOTIFY ATHE AUTHORIZED
HEAD ORNHIAMR DESIGGNEBBFROM WHOM SUCH SASSISTANCE IS
gEQgTED, THE AGENCY HEAD OR AUTHORIZED AGENCY REPRESENTATIVE WHOSE
RESOURCES, -CONSULT WITH HIS/I -TER SUPER SVI ORS IFANECESSARY ANDGWILL RESPOND IN A EVALUATE M
MANNER HEISHE DEEMS APPROPRIATE.
THE AGENCY HEAD OR AUTHORIZED REPRESENTATIVE IN WHOSE JURISDICTION ASSISTANCE IS
BRING
JURISDICT ON, OR NOWILONGG�fiH ASSISTANCE AUTHORIZED
IS AND FOR WHAT PURPOSE WHO IS
SUCH AUTHORITY IS GRANTED. "PHIS AUTHORITY MAY BE GRANTED EITHER VERBALLY OR IN
WRITING AS THE pARTUICULAR SITUATION DICTATES.
THE AGENCY HEAD'S DECISION IN THESE MATTERS SHALL BE FINAL, COMMUNICATIONS
SUCH ICTIONS ONBE INCLUDED IN EACH
WILL BE CONDUG EDAON AA MUTUALLY kAGREED
UPON RADIO FREQUENCY, IF NOT THROUGH MIAMI -DARE COMMUNICATIONS BUREAU.
SECTION III: COMMAND AND SUPERVISORY RESPONSIBILITY
THE PERSONNEL AND EQUIPMENT THAT ARE ASSIGNED
SING OFFICER DESIGNATED BY HEAD
SHALL BE UNDER THE SHALL BE UNDER THE I1�4EDTATE COMMAND
ASSISTING AGENCY HEAD, F H SUP AGENCY BEAD ICERS/HER DESIGNER OF THE AGENCY
UPERVISION REQUESTING COMMAND
CONFLICTS: WHENEVER AN OFFICER IS RENDERING ASSISTANCE PURSUANT TO THIS
AGREEMENT, THE OFFICER SHALL ABIDE BY AND BE SUBJECT TO THE RULES AND
REGULATIONS, PERSONNEL POLICIES, GENERAL ORDERS AND STANDARD OPERATING
PROCEDURES OF HIS/HER OWN EMPLOYING AGENCY. IF ANY SUCH RULE, REGULATION,
PERSONNEL POLICY, GENERAL ORDER OR STANDARD OPERATING PROCEDURE IS
CONTRADICTED; - CONTRAVENED OR,OTHERVTISE IN:CONFLICT WITH A DIRECT ORDER, OF1 A.-
-
SUPERIOR OFFICER OF THE REQUESTING AGENCY, THEN SUPERVISING OFFICERS FROM EACH
AGENCY WILL TOGETHER DETERMINE THE APPROPRIATE COURSE OF ACTION AS DETERMINED
BY THE SITUATION.
HANDLING COMPLAINTS: WHENEVER THERE IS CAUSE TO BELIEVE THAT A COMPLAINT HAS
ARISEN AS A RESULT OF A COOPERATIVE EFFORT AS ITMAY PERTAIN TO THIS AGREEMENT, THE
AGENCY HEAD OR HIS/HER DESIGNEE OF THE REQUESTING AGENCY SHALL BE RESPONSIBLE
FOR THE DOCUMENTATION OF SAID COMPLAINT TO ASCERTAIN AT A MINIMUM:
I. THE IDENTITY OF THE COMPLAINANT
2. AN ADDRESS WHERE THE COMPLAINING PARTY CAN BE CONTACTED
3. THE SPECIFIC ALLEGATION
4. THE IDENTITY OF THE EMPLOYEES ACCUSED WITHOUT REGARD AS TO AGENCY
AFFILIATION.
IF IT IS DETERMINED THAT TEE ACCUSED IS AN EMPLOYEE OF THE ASSISTING AGENCY, THE
ABOVE INFORMATION, WITH ALL PERTINENT DOCUMENTATION GATHERED DURING TI-M
RECEIPT AND PROCESSING OF THE COMPLAINT, SHALL BE, FORWARDED WITHOUT DELAY TO
TIIE AGENCY HEAD OR HIS/HER DESIGNEE OF THE ASSISTING AGENCY FOR ADMINISTRATIVE
REVIEW, THE REQUESTING AGENCY MAY CONDUCT A REVIEW OF THE COMPLAINT TO
DETERMINE IF ANY FACTUAL BASIS FOR THE COMPLAINT EXISTS AND /OR WHETHER. ANY OF THE
EMPLOYEES OF THE REQUESTING AGENCY VIOLATED ANY OF THEIR AGENCY'S POLICIES OR
PROCEDURES.
SECTION IV: LIABILITY
EACH PARTY ENGAGING IN ANY MUTUAL COOPERATION AND ASSISTANCE, PURSUANT TO THIS
AGREEMENT, AGREES TO ASSUME RESPONSIBILITY FOR THE ACTS, OMISSIONS, OR CONDUCT OF
SUCH PARTY'S OWN EMPLOYEES WHILE ENGAGED IN RENDERING SUCH AID PURSUANT TO THIS
AGREEMENT, SUBJECT TO THE PROVISIONS OF SECTION 768.28, FLORIDA STATUTES, WHERE
APPLICABLE.
SECTION V: POWERS, PRIVILEGES, IMMUNITIES AND COSTS.
a. EMPLOYEES OF THE SOUTH MIAMI POLICE DEPARTMENT AND THE NORTH MIAMI
BEACH POLICE DEPARTMENT WHEN ACTUALLY ENGAGING IN MUTUAL
COOPERATION AND ASSISTANCE OUTSIDE TEEIR JURISDICTIONAL LIMITS BUT INSIDE
THIS STATE, UNDER THE TERMS OF THIS AGREEMENT, SHALL, PURSUANT TO THE
PROVISIONS OF SECTION 23.I27(I), FLORIDA STATUTES, HAVE THE SAME POWERS,
DUTIES, RIGHTS, PRIVILEGES AND IMMUNITIES AS IF THE EMPLOYEE WAS
PERFORMING DUTIES INSIDE THE EMPLOYEE'S POLITICAL SUBDIVISION IN WHICH
NORMALLY EMPLOYED.
b. EACH PARTY AGREES TO FURNISH NECESSARY PERSONNEL, EQUIPMENT, RESOURCES
AND FACILITIES AND TO RENDER SERVICES TO EACH OTHER PARTY TO THE
AGREEMENT AS SET FORTH ABOVE, PROVIDED, HOWEVER, THAT NO PARTY SHALL
BE REQUIRED TO DEPLETE UNREASONABLY ITS OWN PERSONNEL, EQUIPMENT,
RESOURCES, FACILITIES AND SERVICES IN FURNISHING SUCHMUTUAL AID.
c. A POLITICAL SUBDIVISION THAT FURNISHES EQUIPMENT PURSUANT TO THIS
AGREEMENT MUST BEAR THE COST OF LOSS OR DAMAGE TO THAT EQUIPMENT AND
MUST PAY ANY EXPENSE INCURRED IN THE OPERATION AND MAINTAINANCE OF
THAT EQUIPMENT.
d. THE AGENCY FURNISHING AID PURSUANT TO THIS AGREEMENT SHALL COMPENSATE
ITS APPOINTEES/EMPLOYEES DARING THE TIME SUCH AID IS RENDERED AND SHALL
DEFRAY THE ACTUAL TRAVEL AND MAINTENANCE EXPENSES OF ITS EMPLOYEES
WHILE THEY ARE RENDERING SUCH AID, INCLUDING ANY AMOUNTS PAID OR DUE
FOR COMPENSATION DUE TO PERSONAL IN JURY OR DEATH WIIILE SUCH EMPLOYEES
ARE RENDERING AID PURSUANT-TO THIS AGREEMENT.
THE PRIVILEGES AND IMMUNITIES FROM LIABILITY, EXEMPTION FROM LAWS,
ORDINANCES AND RULES AND ALL PENSION, INSURANCE, RELIEF, DISABILITY,
WORKERS' COMPENSATION, SALARY, DEATH AND OTHER BENEFITS THAT APPLY TO
THE ACTIVITY OF AN EMPLOYEE OF AN AGENCY WHEN PERFORMING THE
EMPLOYEES' DUTIES WITHIN THE TERRITORIAL LIMITS OF THE EMPLOYEE'S AGENCY
APPLY TO THE EMPLOYEE TO THE SAME DEGREE, MANNER AND EXTENT WHILE
ENGAGED IN THE PERFORMANCE OF THE EMPLOYEE'S DUTIES
EXTRATERRITORIALLY UNDER THE PROVISIONS OF THIS MUTUAL AID AGREEMENT,
THE PROVISIONS OF THIS SECTION SHALL APPLY WITH EQUAL EFFECT TO PAID,
VOLUNTEER AND PART TIME EMPLOYEES.
f. NOTHING HEREIN SHALL PREVENT THE REQUESTING AGENCY FROM REQUESTING
SUPPLEMENTAL APPROPRIATIONS FROM THE GOVERNING AUTHORITY HAVING
BUDGETED JURISDICTION TO REIMBURSE THE ASSISTING AGENCY FOR ANY ACTUAL
COSTS OR EXPENSES INCURRED BY THE ASSISTING AGENCY PERFORMING
HEREUNDER.
B NTRANSFER OR CONTRAOTTHNG IN THIS AWAY OF THE POWERS OR FUNCTIONS OF ONE PARTY
HERETO TO THE OTHER.
SECTION VI: LIABILITY INSURANCE
THE CITY OF NORTH MIAMI BEACH IS SELF - INSURED PURSUANT TO CHAPTER 768, FLORIDA
STATUTES. SOUTH MIAMI SHALL PROVIDE SATISFACTORY PROOF OF LIABILITY INSURANCE BY
ONE OR MORE OF THE MEANS SPECIFIED IN SECTION 768.28(15)(a), FLORIDA STATUTES, IN AN
AMOUNT WHICH IS, IN THE JUDGEMENT OF THE GOVERNING BODY OF THAT PARTY, AT LEAST
ADEQUATE TO COVER THE RISK TO WHICH THAT PARTY MAY BE EXPOSED. SHOULD THE
INSURANCE COVERAGE, HOWEVER PROVIDED, OF ANY PARTY BE CANCELLED OR UNDERGO
MATERIAL CHANGE, THAT PARTY SHALL NOTIFY ALL PARTIES TO THIS AGREEMENT OF SUCH
CHANGE WITHIN TEN (10) DAYS OF RECEIPT OF NOTICE OR ACTUAL KNOWLEDGE OF SUCH
CHANGE.,
SECTION VII: FOREFEITURE PROVISIONS
a. IN THE EVENT AN AGENCY SEIZES ANY REAL PROPERTY, VESSEL, MOTOR VEHICLE,
AIRCRAFT, CURRENCY OR OTHER PROPERTY PURSUANT TO THE FLORIDA
CONTRABAND FOREFEITURE ACT DURING THE PERFORMANCE OF THIS AGREEMENT,
THE AGENCY REQUESTING ASSISTANCE IN THE CASE OF REQUESTED OPERATIONAL
ASSISTANCE AND THE SEIZING AGENCY IN THE CASE OF VOLUNTARY COOPERATION
SHALL BE RESPONSIBLE FOR MAINTAINING ANY FOREFEITURE ACTION PURSUANT
TO CHAPTER 932, FLORIDA STATUTES, THE AGENCY PURSUING THE FOREFEITURE
ACTION SHALL HAVE THE EXCLUSIVE RIGHT TO CONTROL AND THE RESPONSIBILITY
TO MAINTAIN THE PROPERTY IN ACCORDANCE WITH CHAPTER 932, FLORIDA
STATUTES, TO INCLUDE, BUT NOT BE LIMITED TO, THE COMPLETE DISCRETION TO
BRING THE ACTION OR DISMISS THE ACTION.
b. ALL PROCEEDS FROM FORFEITED PROPERTY SEIZED AS A RESULT OF OR IN
ACCORDANCE WITH THIS AGREEMENT SHALL BE DIVIDED EQUALLY BETWEEN THE
PARTIES, LESS THE COSTS ASSOCIATED WITH THE FOREFEITURE ACTION.
SECTION VIII: EFFECTIVE DATE
THIS AGREEMENT SHALL TAKE EFFECT UPON THE EXECUTION AND APPROVAL
BY THE HEREINAFTER NAMED OFFICIALS AND SHALL CONTINUE IN FULL FORCE
UNTIL MARCH 9, 20]3. UNDER NO CIRCUMSTANCES MAY THIS AGREEMENT BE
RENEWED, AMENDED OR EXTENDED EXCEPT IN WRITING.
CANCELLATION:
ANY PARTY MAY CANCEL ITS PARTICIPATION IN THIS AGREEMENT UPON
DELIVERY OF WRITTEN NOTICE TO THE OTHER PARTY OR PARTIES.
CANCELLATION WILL BE AT THE DIRECTION OF ANY SUBSCRIBING PARTY.
IN WITNESS WHEREOF, THE PARTIES HERETO CAUSE THESE PRESENT TO BE
SIGNED ON THE DATE SPECIFIED
City anager,
North Miami Beach, FL
Date Executed:
ATTEST:
oerk
yyvri, �� I . ' , ✓L
�' Cis, Ci
--I brth M:arni Beach, FL
APPROVED AS TO FORM
AND CORRECTNESS ONLY/
TERMS /CONDITIONS PROVIDED
BY OTHERS
City Attorney, D Ake EE s . S wEGi �-
North Miami Beach, FL
ity Manag r,
South Miami, FL
Date Executed:
ATTEST:
City Clerk (/
South Miami, FL
APPROVED AS TO FORM
AND CORRECTNESS ONLY/
TERMS /CONDITIONS PROVIDED
BY OTHERS-
City Attorney,
South Miami, FL