15South Miami
To: Honorable Mayor, Vice Mayor & City Commission
Via: Dr. Hector Mirabile, City Manager
From: Lisa Morton, Acting Chief of Police (((
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
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RESOLUTION NO.:
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
9 services, personnel, equipment or facilities of the City of South Miami and/or the aforementioned entity;
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2 WHEREAS, to meet the responsibility of the respective governments to ensure the public safety of
3 their citizens by providing adequate levels of police services, preparation must be made to protect the
4 " public peace and safety and to preserve the lives and property of the people in the listed jurisdictions; and
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6 NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY
7 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. .
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3 Section 2: That this resolution shall take effect immediately upon approval.
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6 PASSED AND ADOPTED this day of 2010.
ATTEST:
CITY CLERK
READ AND APPROVED AS TO FORM:
CITY ATTORNEY
Commission Vote:
Mayor Stoddard:
Vice Mayor Newman:
Commissioner Beasley:
Commissioner Palmer:
Commissioner Harris:
Mayor
Mutual Aid Agreement
Between the City of Miami, Florida and the
City of South Miami, Florida
WITNESSETH
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, because of the existing and continuing possibility of the occurrence of law
enforcement problems and other natural and man -trade 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, 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 City of Miami and the City of South Miami;
and
Whereas, it is to the advantage of each agency to receive and extend mutual aid it) the
form of law enforcement set-vices and resources to adequately respond to:
tri uonunurng, nnunaurtsaremon taw entorcement 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, F.S. or joint provision of certain law enforcement services specified herein and
allowed pursuant to F.S. 166.0495; and,
Whereas, the City of Miami and the City of South Miami have the authority under
Section 23.12, F.S., et seq., The Florida Mutual Aid Act, to enter into a combined mutual aid
agreement for law enforcement service which:
(1) Permits voluntary cooperation and assistance of a routine law enforcement nature across
jurisdictional lines as allowed under F.S. 166.0495;
(2) Provides for rendering of assistance in a law enforcement emergency as defined in
Section 252.34, F.S.
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 hr times of necessity, do hereby agree
to fully and faithfully abide by and be bound by the following terms and conditions:
SECTION I: PROVISIONS FOR VOLUNTARY COOPERATION
Each of 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 in
dealing with any violations of Florida Statutes to include, but not necessarily be limited to;
investigating sex offenses, robberies, assaults, batteries, burglaries, larcenies, gambling, motor
vehicle thefts, ding violations pursuant to Chapter 893, F.S., routine traffic offenses, backup
services during patrol activities, school resource officers on official duty out of their jurisdiction,
and inter- agency task forces and/or joint investigation.
SECTION II: 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 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
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,
aircraft, canine, motorcycle, bomb, crime scene and police information.
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.
The following procedures will apply in nn tual aid operations:
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I . Mutual aid requested or rendered will be approved by the Chief of Police, or
designee.
2. Specific repotting instructions for personnel rendering mutual aid will 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
each agency's commnuunications centers will maintain radio contact with each other
until the mutual aid situation has ended.
4, hncidents requiring mass processing of arrestees, transporting prisoners, and
operating temporary detention facilities will be handled per established
procedures of the requesting agency, or directors involved.
SECTION III: PROCEDURE FOR REQUESTING ASSISTANCE
In the event that a party to this agreement is in need of assistance as set forth above, the
Chief of Police or designee, shall notify the agency, director or his /her designee front whom such
assistance is requested. The director or authorized agency representative 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 mariner he /she deems appropriate.
The director in whose jurisdiction assistance is being rendered may determine who is
authorized to lend assistance in his /her jurisdiction, for )row long such assistance is authorized
and for what purpose such authority is granted. This authority may be granted either verbally or
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Should a sworn law enforcement officer be in another subscribed agency's jurisdiction
for matters of a routine nature, such as traveling through the area out routine business, attending a
meeting or going to or from work, and a violation of Florida Statutes occurs in the presence of
said party, representing his /her respective agency, he /she shall be empowered to render
enforcement assistance and act in accordance with law. Should enforcement action be taken,
said party shall notify the agency having normal jurisdiction and upon the latter's arrival, 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. This provision so prescribed in this
paragraph is 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 citizens, or secure apprehension of criminals whom the law
enforcement officer may encounter.
SECTION IV: COMMAND AND SUPERVISORY RESPONSIBILITY
The personnel and equipment that are assigned by the assisting director shall be under the
immediate command of a supervising officer designated by the assisting director. Such
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supervising officer shall be under the direct supervision and eonunand of the director or his /her
designee of the agency requesting assistance.
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 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 shall control and shall supersede the direct order.
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 director or his /her designee of the requesting
agency shall be responsible for the documentation of said complaint to ascertain at a minimum:
1. 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 the accused is an employee of the assisting agency, the above
information, with all pertinent documentation gathered during the receipt and processing of the
complahnt, shall be forwarded without delay to the agency for administrative review. The
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, 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 VI: POWERS, PRIVILEGES, WIKUNITIES 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 (lie 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
innnunities as if the employee was performing duties inside the employee's political subdivision
in which normally employed,
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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 f n- nishing such mutual 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 maintenance of that equipment.
(d) The agency furnishing and pursuant to this agreement shall compensate its
appointees /employees during 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 injury or death while such employees are engaged
in rendering such aid.
(e) The privileges and immunities from liability, exemption from laws, ordinances
and rules, and all pension, insurance, relief, disability, worker's 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
extratetritorially under the provisions of this mutual aid agreement. The provisions of this
section shalt apply with equal effect to paid, volunteer, and reserve employees.
herein shall prevent the requesting agency from
assisting agency for any actual costs or expenses incurred by the assisting agency performing
hereunder.
SECTION VII: INSURANCE
Each party shall, upon request, provide satisfactory proof of liability insurance by one or more of
the means specified in Section 768.28 (14), Florida Statutes, in an amount which is, in the
judgment 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
canceled 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 VIII: 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 September 1, 2015. Under no circumstances may
this agreement be renewed, amended, or extended except in writing.
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SECTION LX: CANCELLATION
Any party nnay cancel its participation in this agreement upon delivery of written
notice to the other party or panties. Cancellation will be at the direction of any
subscribing party.
In witness whereof, the parties hereto cause to these presents to be signed on the date
specified.
AGREED TO AND ACKNOWLEDGED this
2010.
CARLOS A. MIGOYA
CITY MANAGER
CITY OF MIAMI, FLORIDA
Date:
Attest:
PRISCILLA S. THOMPSON
CITY CLERK
CITY OF MIAMI, FLORIDA
APPROVED AS TO FORM
AND LEGAL SUFFICIENCY:
JULIE 0. BRU
CITY ATTORNEY
CITY OF MIAMI, FLORIDA
MIGUEL A. EXPOSITO
CHIEF OF POLICE
CITY OF MIAMI, FLORIDA
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day of
HECTOR MIRABILE, Ph.D.
CITY MANAGER
CITY OF SOUTH MIAMI, FLORIDA
Date:
Attest:
MARIA M. MENENDEZ
CITY CLERK
CITY OF SOUTH MIAMI, FLORIDA
APPROVED AS TO FORM
AND LEGAL SUFFICIENCY:
LAURENCE FEINGOLD
CITY ATTORNEY
CITY OF SOUTH MIAMI, FLORIDA
LISA MORTON
ACTING CHIEF OF POLICE
CITY OF SOUTH MIAMI, FLORIDA
APPROVED AS TO INSURANCE
REQUIREMENTS:
GARY RESHEFSKY
RISK MANAGEMENT INTERIM DIRECTOR
CITY OF MIAMI, FLORIDA