Res No 005-10-13039RESOLUTION NO:. 05-10-13039
A RESOLUTION OF THE MAYOR AND CITY
OF THE CITY OF
SOUTH MIAMI, FLORIDA AUTHORIZING THE CITY MANAGER TO ENTER INTO
MUTUAL AID AGREEMENT WITH MIAMI -DADE 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 1: The City Manager of the City of South Miami is authorized to enter in to a Mutual Aid
Agreement with Miami -Dade 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 14th
ATTEST:
�; ."...• TO M:
�
_ •i
day of January, 2010
MAYOR
Commission Vot : 5 -0
Mayor Feliu: Yea
Vice Mayor Beasley: Yea
Commissioner Palmer: Yea
Commissioner Sellars: Yea
Commissioner Newman: Yea
South Miami
Ail•AmerteaCRpY
CITY OF SOUTH MIAMI 0
A OFFICE OF THE CITY MANAGER
t°g`� INTER- OFFICE MEMORANDUM 2001
To: The Honorable Mayor & Members of the City Conum 'on
Via: Roger M. Carlton, Acting City Manager'
From: Robert F. Richardson 11, Chief of Police
Date: January 14, 2010 Agenda Item No.:
Subject: Mutual Aid Agreement
Request: 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 MIAMI -DADE
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.
Request: The City Manager be authorized to enter in to Mutual Aid Agreement with the Miami -
Dade Police Department on behalf of the City of South Miami Police Department
pursuant to Section 23.1225(3), Florida Statutes.
Reason/Need: 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 the FTAA Conference, 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.
Cost: N/A
Backup Documentation:
• Draft Resolution
• Mutual Aid Agreement
LAW ENFORCEMENT MUTUAL AID AGREEMENT
FOR
VOLUNTARY COOPERATION AND OPERATIONAL ASSISTANCE
WHEREAS, it is the responsibility of the governments of Miami -Dade County,
Florida, and the subscribing law enforcement agencies 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, there is an 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 Police Department or the subscribing law enforcement agencies; 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
County of Miami -Dade and the participating Miami -Dade County municipalities; and
WHEREAS, Miami -Dade County and the subscribing law enforcement agencies
have the authority under Section 23.12, Florida Statutes, et seq., the Florida Mutual Aid
Act, to enter into a Mutual Aid Agreement;
NOW, THEREFORE, BE IT KNOWN that 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
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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. Chief executive official: Either the County Mayor of Miami -Dade County, or
the chief executive official of the participating political subdivision, who
has the authority to contractually bind the agency and has executed this
Agreement, upon the approval, of the governing body of each governmental
entity. Subsequent to the execution by the executive officials, this
Agreement shall be filed with the Clerk of the Court for Miami -Dade County,
and the clerks of the respective political subdivisions. The Agreement may
be amended at any time by filing subsequent Amendment(s), which will
be subject to the same approval process, and shall thereafter become a
part of this Agreement.
b. Agency head: Either the Director of the Miami -Dade Police Department,
or the Director's designees; and the Chief of Police of the participating
taw enforcement agencies, or the Chiefs designees.
c. Participating law enforcement agency: The police department of any
municipality in Miami -Dade County, Florida, that has approved and
executed this Agreement.
d. Certified law enforcement employee: Any law enforcement employee
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certified as provided in Chapter 943, Florida Statutes.
SECTION I. TERMS AND PROCEDURES
4. Operations:
a. In the event that a party to this Agreement is in need of assistance as
specified herein, 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 the 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 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.
2. Powers, Privileges, Immunities, and Costs:
a. All employees of the participating municipal police department, including
3
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. All exemption from ordinances and rules, and all pension, insurance, relief,
disability, workers' compensation, salary, death, and other benefits which apply
Fl
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.
3. 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 iaw 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 said providing agency while
providing aid pursuant to this Agreement, subject to Chapter 768, Florida
Statutes, where applicable.
4. 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, less the costs associated with the forfeiture action. 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. The agency pursuing the forfeiture action shall have the exclusive
right to control and the responsibility to maintain the property, including, but not
5
limited to, the complete discretion to bring the action, or to dismiss the action,
or settlement. This shall occur pursuant to the provisions of the Florida
Contraband Forfeiture Act.
5. 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,
SECTION H. COMMAND AND SUPERVISORY RESPONSIt3IUTY
1. Command: The personnel and equipment that are assigned by the assisting entity
shall be under the immediate command and direct supervision of a supervising officer
designated by the assisting Director or Chief of Police, or his /her designee.
2. 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 or her own employer. If any
such rule, regulation, personnel policy, general order or standard operating procedure is
contradicted, contravened or otherwise in conflict with a direct order of a superior officer
of the requesting agency, then such rule, regulation, policy, general order or procedure of
the assisting agency shall control, and shall supersede the direct order.
3. Complaints: Whenever there is cause to believe that a complaint has arisen as a
result of a cooperative effort as it may pertain to this agreement, the Director or Chief of
Police, or his /her designee of the agency employing the officer who is the subject of the
complaint shall be responsible for the investigation of the complaint. The Director or
Chief of Police or designee of the requesting agency should ascertain at a minimum:
n.
a. The identity of the complainant;
b. an address where the complaining party can be contacted;
c. the specific allegation; and;
d. the identity of the employees accused without regard as to agency affiliation.
If it is determined during the investigation of a complaint that the accused is an
employee of the assisting agency, the above information, with all pertinent documentation
gathered during the receipt and processing of the complaint, shall be forwarded without
delay to the 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 III. PROVISIONS FOR VOLUNTARY AND OPERATIONAL ASSISTANCE
A deputy sheriff or 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 participating municipalities and Miami -Dade County,
Florida, it is hereby declared that the following list comprises the nature of assistance,
and the circumstances and conditions under which mutual aid may be requested and
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rendered regarding police operations pursuant to the agreement. The list includes, but
is not necessarily limited to, dealing with the following:
Voluntary:
1. Joint multi - jurisdictional criminal investigations.
2. Major events; e.g., sporting events, concerts, parades, fairs, festivals
and conventions.
3. Joint training in areas of mutual need.
4. Off -duty special events.
6. Joint multi - jurisdictional marine interdiction operations.
6. Security and escort duties for dignitaries.
Operational:
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.
E
11. Civil affray or
disobedience,
disturbances,
riots, large
protest
demonstrations,
controversial
trials, political
conventions,
labor
disputes, and strikes.
12. Any natural, technological or manmade disaster.
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, bicycle, mounted, Special
Response Teams, bomb, crime scene, marine patrol, and police
information.
15. 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.
16. Terrorist activities including, but not limited to, acts of sabotage.
17. Escapes from or disturbances within detention facilities.
SECTION IV. PROCEDURES FOR REQUESTING MUTUAL AID
The following procedures will apply in mutual aid operations:
0
1. Mutual aid requested or rendered will be approved by the Director/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
maintain 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 procedures.
SECTION V. CONCURRENT JURISDICTION
It is to the mutual benefit of the participating municipal agencies and the Miami-
Dade Police Department, through voluntary cooperation, to exercise concurrent
jurisdiction over the areas described in subparagraphs a. and b_ below, in that officers,
while in another jurisdiction, are often present at events where immediate action is
necessary, or are able to expeditiously conclude an investigation by identifying and
arresting an offender.
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a. Concurrent law enforcement jurisdiction in and throughout the territorial
limits of the participating municipalities and Miami -Dade County, Florida, for
arrests, made pursuant to the laws of arrest, for felonies and
misdemeanors, including arrestable traffic offenses, which spontaneously
take place in the presence of the arresting officer, at such times as the
arresting officer is traveling from place to place on official business outside
of his or her jurisdiction, for example, to or from court, or at any time when
the officer is within the territorial limits of his or her jurisdiction, and provided
that, in the context of this Mutual Aid Agreement, 'official business outside
of his or her jurisdiction" shall not include routine patrol activities. This
mutual aid agreement excludes those areas within the territorial limits of the
municipalities not participating in the Mutual Aid Agreement, and areas in
which the Miami -Dade Police Department does not have law enforcement
jurisdiction.
b. Concurrent law enforcement jurisdiction in and throughout the territorial
limits of participating municipalities and Miami -Dade County, Florida, for
arrests, made pursuant to the laws of arrest, of persons identified as a
result of investigations of any offense constituting a felony or any act of
Domestic Violence as defined in Section 741.28, Florida Statutes, when
such offense occurred in the municipality employing the arresting officer,
should the arresting officer be a municipal law enforcement officer.
However, absent a search warrant, concurrent jurisdiction under this
subparagraph does not include authority to make nonconsensual or
I
forcible entries into private dwellings, residences, living spaces or
business spaces which are not open to the public, i.e., authority derived
pursuant to this subparagraph may be exercised only when in places
open to the public or private places into which the arresting officer has
entered with the consent of an occupant entitled to give consent. When
operating under mutual aid, municipal law enforcement officers may
execute search warrants for offenses which occurred in the municipality.
Municipal officers may execute the search warrant, impound all property,
make arrests, and file the Return and Inventory. This concurrent
jurisdiction .excludes those areas within the territorial limits of the
municipalities not participating in the Mutual Aid Agreement, and areas in
which the Miami -Dade Police Department does not have law enforcement
jurisdiction.
Prior to any officer taking enforcement action pursuant to either paragraph a. or
b. above, the officer shall notify the designated officer of the jurisdiction in which the
action shall will be taken, unless exigent circumstances prevent such prior notification,
in which case notification shall be made as soon after the action as practicable.
Furthermore, all arrests made pursuant to subparagraph (a) above shall be processed
and coded pursuant to directions of the Clerk of the Court, in such manner as to ensure
that any revenues or surcharges generated as a result of said arrests shall be directed
to the jurisdiction in which the arrest was made.
1. General Requirements:
a. Officers shall not utilize unmarked vehicles to make traffic stops or to engage
12
in vehicle pursuits.
b. Concurrent law enforcement jurisdiction pursuant to this Mutual Aid
Agreement does include prepianned operations, undercover investigations,
stings, or sweeps.
c. Officers shall not conduct routine patrol activities outside of their jurisdiction.
d. Reports of any action taken pursuant to this Mutual Aid Agreement shall be
faxed to the agency head of the agency, within whose jurisdiction the action
was taken, as soon as possible after the action has taken place.
e. Any conflicts regarding jurisdiction will be resolved by allowing the agency
within whose jurisdiction the action took place to take custody of any
arrestees and/or crime scenes.
f. All concurrent jurisdiction stationary surveillance activities shall
require notification of the agency within whose jurisdiction the
surveillance takes place. The notification shall include the
general location of the surveillance, and a description of the
vehicles involved. Mobile surveillance shall not require
notification unless concurrent jurisdiction enforcement activities
take place.
SECTION VI. EFFECTIVE DATE
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.
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SECTION VII. 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.
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AGREED-TO AND ACKNOWLEDGED this Oday of '20W/'0
orge M. Burgessc/ ✓'C!/ouJnty Manager Robert Parker, Director
-eMlami-Dade County, Florida Miami -Dade Police Department
ATTEST:
APPROVED AS TO FORM AND LEGAL
SUFFICIENCY: Al
R. A. Cuevas, 'Jr., County Attorney
Miami -Dade County, Florida
15
LAW ENFORCEMENT MUTUAL AID AGREEMENT FOR
VOLUNTARY COOPERATION AND OPERATIONAL ASSISTANCE
INDIVIDUAL- GOVERNMENTAL ENTITY SIGNATURE SHEET
CITYOF: aaXT'Ft HLK"I
BY:
(Signature of Chief Executive Official)
�i)Ce r in . CG.r ( --oh + AJ-nC
(Offi Is Printed Name and Title)
ATTEST:
Florida.
(Signature of City Clerk) ��-
Maria M. Menendez
(Printed Name of City Clerk)
STATE OF FLORIDA )
) SS.:
COUNTY OF MIAMI -DADE )
APPRO AS TO FORM AND LEGAL
SUFFIC Y:
(Signatureit Attorney)
(Printed Name of City Attorney)
BEFORE ME, an officer duly authorized by law to administer oaths and take
acknowledgements, did personally appear. �t r fA. Ct y-1-6n , rtC� l y CAA Mc r' p,%Z
(Insert Name and Title of Chief V_xecufive Officlal)
of the City of a� Ck IGJIwt Florida, a municipal corporation of Florida, and
acknowledged he or she executed the foregoing Agreement as the chief executive officer of the
City of 'S . h P'l, ' , Florida, and the same is the act and deed of the City of
So �ti 'n'Mtc"+..i Florida.
IN WITNESS OF THE FOREGOING, I have set my hand and official seal at the City of
h Mgxn ,i _ , in the State of Florida and the County of Miami -Dade on this, the
IQ *")6 day of A6,nuo�rin
NKENGA A. PAYNE
Notary PA RA N MY C014MISSION k DD 714025
MyCommi nExpires: EXPIRES!OGIOW5,20II
•.?,?•` Bonded Thmryotary public undarvrtders