Res No 216-10-13250RESOLUTION NO.: 216 -10 -13250
A resolution of the Mayor and City Commission of the City of South
Miami, Florida authorizing the City Manager to enter into a mutual aid
agreement with the City of Miami 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.
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 entity;
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 the City of Miami 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 5th day of October 2010.
CITY ATTORNEY
APPROVED:
all(
Mayor
Commission Vote:
5 -0
Mayor Stoddard:
Yea
Vice Mayor Newman:
Yea
Commissioner Beasley:
Yea
Commissioner Palmer:
Yea
Commissioner Harris:
Yea
South Miami
To: Honorable Mayor, Vice Mayor & City / Commission
Via: Dr. Hector Mirabile, City Manager /) ,.,x,11[/
From: Lisa Morton, Acting Chief of Police t
(Date: October 5, 2010 Agenda Item No:
RE: Mutual Aid Agreement — Miami Police (Department
Resolution: A resolution of the Mayor and City Commission of the City of
South Miami, Florida authorizing the City Manager to enter into
a mutual aid agreement with the City of Miami 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.
Request: The City Manager be authorized to enter in to a Mutual Aid Agreement with the City
of Miami 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.
Cost: None.
Backup (Documentation:
Draft Resolution
Proposed Mutual Aid Agreement
COMBINED VOLUNTARY COOPERATION AND
OPERATIONAL ASSISTANCE
MUTUAL AID AGREEMENT
BETWEEN
THE CITY OF MIAMI, FLORIDA AND
THE CITY OF SOUTH MIAMI, FLORIDA
WHEREAS, it is the responsibility of the governments of the City of Miami, Florida,
and the City of South Miami, 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, 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 City of Miami Police Department or the City of South Miami Police Department; and
WHEREAS, it is in the best interest and advantage of the City of Miarni and the
City of South Miami to receive and extend mutual aid to each other in the form of law
enforcement services and resources to adequately respond to:
(1) Continuing, multi - jurisdiction law enforcement problems, so as to protect the
public peace and safety, and preserve the lives and property of the people;
and
(2) Intensive situations including, but not limited to, emergencies as defined
under Section 252.34, Florida Statutes; and
(3) Joint provision of certain law enforcement services specified herein and
allowed pursuant to Florida Statute 166.0495; and
WHEREAS, the City of Miami and the City of South Miami have the authority under
Section 23.12, Florida Statutes, et seq., the Florida Mutual Aid Act, to enter into a
combined mutual aid agreement for law enforcement services which:
(1) Permits voluntary cooperation and assistance of a routine law enforcement
nature across jurisdictional lines; and
(2) Permits the provision of operational assistance to meet a request for
assistance due to a civil disturbance or other emergency as defined in
Section 252.34, Florida Statutes; and
NOW, THEREFORE, BE IT KNOWN, that the City of Miami, a political
subdivision of the State of Florida, and the City of South Miami, a political subdivision of
the State of Florida, 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.
Each of the aforesaid law enforcement agencies hereby approve and enter into this
agreement whereby each of the agencies may provide voluntary cooperation and
assistance of a routine law enforcement nature across jurisdictional lines. The nature of
the law enforcement assistance to be rendered shall include but not be limited to:
a. Concurrent law enforcement jurisdiction in and throughout the territorial limits
of the City of Miami and the City of South Miami 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.
b. Concurrent law enforcement jurisdiction in and throughout the territorial limits
of the City of Miami and the City of South Miami 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
2
Section 741.28, Florida Statutes, when such offense occurred in the
municipality employing the arresting officer.
C. Concurrent law enforcement jurisdiction in and upon the jurisdictional waters
of the City of Miami and the City of South Miami for arrests, made pursuant
to the laws of arrest, for felonies and misdemeanors and boating infractions.
d. Participating in exigent situations, without the need for a formal request,
including, but not limited to, area searches for wanted subjects, perimeters,
crimes in progress, escaped prisoners, traffic stops near municipal
boundaries, requests for assistance when no available local units are nearby,
calls indicating a crime or 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.
e. Concurrent law enforcement jurisdiction in and throughout the territorial limits
of the City of Miami and the City of South Miami for investigations of
homicides, sex offenses, robberies, assaults, batteries, burglaries, larcenies,
gambling, motor vehicle thefts, drug violations pursuant to Chapter 893,
Florida Statutes, and inter - agency task forces and /or joint investigations.
Prior to any officer taking enforcement action pursuant to paragraphs (a) through (e)
above, the officer shall notify the jurisdiction in which the action will be taken, unless
exigent circumstances prevent such prior notification, in which case notification shall be
made as soon after the action as practicable. If the agency having normal jurisdiction
responds to the scene the assisting agency's officer may turn the situation over to them
and offer any assistance requested including, but not limited to, a follow -up written report
documenting the event and the actions taken.
These provisions are not intended to grant general authority to conduct
investigations, serve warrants and /or subpoenas or to respond without request to
emergencies already being addressed by the agency of normal jurisdiction, but is intended
to address critical, life- threatening or public safety situations, prevent bodily injury to
3
citizens, or secure apprehension of criminals whom the law enforcement officer may
encounter.
SECTION 11: PROVISIONS FOR OPERATIONAL ASSISTANCE
The aforesaid law enforcement agencies hereby approve and enter into this
agreement whereby each of the agencies may request and render law enforcement
assistance to the other to include, but not necessarily be limited to dealing with, the
following:
1. Joint multi - jurisdictional criminal investigations.
2. Civil affray or disobedience, disturbances, riots, large protest demonstrations
and assemblies, controversial trials, political conventions, labor disputes, and
strikes.
3. Any natural, technological or manmade 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 not limited to, acts of sabotage.
6. Escapes from, or disturbances within, prisoner processing 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. Incidents requiring utilization of specialized units; e.g., underwater recovery,
marine patrol, aircraft, canine, motorcycle, bicycle, mounted, SWAT, bomb,
crime scene and police_ information..
M
14. Emergency situations in which one agency cannot perform its functional
objective.
15. Joint training in areas of mutual need.
16. Joint multi - jurisdictional marine interdiction operations.
17. Off -duty special events.
SECTION III: PROCEDURE FOR REQUESTING OPERATIONAL ASSISTANCE
1. Mutual aid requested or rendered will be approved by the Chief of Police, or
designee. The Chief of Police, or designee, of the agency whose assistance is sought
shall evaluate the situation and the agency's available resources, consult with his /her
supervisors, if necessary, and will respond in a manner he /she deems appropriate.
2. The Chief of Police in whose jurisdiction assistance is being rendered may
determine who is authorized to lend assistance in his /her jurisdiction, for how long such
assistance is authorized, and for what purpose such authority is granted. This authority
may be granted either verbally or in writing as the particular situation dictates.
3. Specific reporting instructions for personnel rendering mutual aid will be
included in the request for mutual aid. In the absence of such reporting instructions,
personnel will report to the ranking on -duty supervisor on the scene.
4. Communications instructions will be included in each request for mutual aid
and each agency's communications centers will maintain radio contact with each other until
the mutual aid situation has ended.
5. Incidents requiring mass processing of arrestees, transporting prisoners, and
operating temporary detention facilities will be handled per established procedures of the
requesting agency or Chief of Police involved.
SECTION IV: COMMAND AND SUPERVISORY RESPONSIBILITY
a. COMMAND:
The personnel and equipment that are assigned by the assisting Chief of Police
shall be under the immediate command of a supervising officer designated by the assisting
Chief of Police. Such supervising officer shall be under the direct supervision and
command- of- the .Chief of- Police -or his /her.designee of -the agency requesting assistance. _.
5
b. 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 employer. If any such rule,
regulation, personnel policy, general order or standing 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 shall
control and shall supersede the direct order.
C. HANDLING 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 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 Chief of Police or designee of the
requesting agency should ascertain at a minimum:
1. The identity of the complainant;
2. An address where the complaining party can be contacted;
3. The specific allegation; and
4. 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 V: LIABILITY
Each party engaging in any mutual cooperation and assistance, pursuant to this
. agreement,. agrees to-assume -.responsibility. for the _acts,_emissions or. conduct of such _
N
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 VI: POWERS, PRIVILEGES, IMMUNITIES AND COSTS
a. Employees of the City of Miami and the City of South Miami when actually
engaging in mutual cooperation and assistance outside of their normal jurisdictional limits
but inside this State, under the terms of this agreement, shall, pursuant to the provisions of
Section 23.127(1), Fla. Stat. (as amended), 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 this 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 such mutual aid.
C. The 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 maintenance of that equipment.
d. The political subdivision furnishing aid pursuant to this agreement shall
compensate its employees during the time of the rendering of aid and shall defray (provide
for the payment of) the actual travel and maintenance expenses of its employees while
they are rendering aid, including any amounts paid or due for compensation for personal
injury or death while its employees are rendering aid.
e. The privileges and immunities from liability, exemption from laws, ordinances
and rules, and 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 employee's 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.
This section applies to paid, volunteer, reserve and auxiliary employees.
f. Nothing herein shall prevent the requesting agency from requesting
supplemental - appropriations from the .governing authority having budgeting jurisdiction .to._.
7
reimburse the assisting agency for any actual costs or expenses incurred by the assisting
agency performing hereunder.
SECTION VII: FORFEITURES
It is recognized that during the course of the operation of this agreement, property
subject to forfeiture under Sections 932.701- 932.707, Florida Statutes, known as the
"Florida Contraband Forfeiture Act," 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 pursuant of the provisions of the
"Florida Contraband Forfeiture Act."
SECTION VIII: INSURANCE
Each political subdivision shall provide, upon request, satisfactory proof of liability
insurance by one or more of the means specified in Section 768.28, Florida Statutes, in an
amount which is, in the judgment of the governing body of that political subdivision, at least
adequate to cover the risk to which that party may be exposed. Should the insurance
coverage, however provided, of any party be canceled or undergo material change, that
party shall notify all parties to this agreement of such change within ten (10) days of receipt
of the notice or actual knowledge of such change.
SECTION IX: EFFECTIVE DATE
This agreement shall take effect upon execution and approval by the hereinafter
named officials and shall continue in full force and effect until January 10, 2016. Under no
circumstances may this agreement be renewed, amended or extended except in writing.
SECTION X: CANCELLATION
Either party may cancel its participation in this agreement upon sixty (60) days
written notice to the other political subdivision. Cancellation will be at the discretion of any
political_ subdivision to this mutual.aid agreement._
0
IN WITNESS WHEREOF, the parties hereto cause to these presents to be signed
on the date first written above.
AGREED AND ACKNOWLEDGED this day of
H CTOR MIRABILE, Ph.D. TONY E. CRAPP, JR.
City Manager City Manager
City of South Miami, Florida City of Miami, Florida
Date: Vel R; zo 0 Date:
ATTEST:
22
MARIA M. IMENENbE2
City Clerk
City of South Miami, Florida
APPROVED AS TO FORM AND
LEG,4L ICIENCY:
LAURENCE FEINGOLD
City Attorney
City of South Miami, Florida
2011.
ATTEST:
3!17 /it
L<L PRISCILLA S. THOMPSON
�� City Clerk
City of Miami, Florida
E
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY:
JUCIE O. BRU C,,w"J
City Attorney
City of Miami, FloriA
MIGUEL A. EXrPSI-
Chief of Police
City of Miami, Florida
9 8 2311
APPROVED tS TO INSURANCE
REQUIRENj NTS�
GARY/RES EFSKY
isk Management Director
City of Miami, Florida
10