7To:
From:
Date:
Subject:
CITY OF SOUTH MIAMI
OFFICE OF THE CITY MANAGER
INTER-OFFICE MEMORANDUM
The Honorable Mayor & Members of the City Commission
Steven Alexander, City Manager
March 8, 2013 Agenda Item No.:2
South Miami
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A Resolution authorizing the City Manager to renew the Mutual Aid
Agreement with the Village of Pinecrest for general and specific law
enforcement duties on behalf of the City of South Miami Police Department
pursuant to Section 23.1225(3), Florida State Statutes.
Background: The South Miami Police Department is requesting to renew its Mutual Aid
Agreement with the Village of Pinecrest. As a matter of course, this agreement
should be renewed every five (5) years, a recommendation of the Florida
Department of Law Enforcement (FDLE), the agency statutorily charged with the
administration of Mutual Aid in the State of Florida.
The Florida State Statutes (Chapter 23) authorize the governing body of
municipalities to empower the Chief Executive Officer of the Municipality to
enter into agreements for shared law enforcement services in times of need.
This agreement allows the Police Department to draw upon the resources in
furtherance of the law enforcement mission, including personnel and equipment,
as well as providing for reciprocity.
Attachments: D Proposed Resolution
D Mutual Aid Agreement
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RESOLUTION NO: -------------------
A Resolution authorizing the City Manager to renew the Mutual Aid Agreement
with the Village of Pinecrest 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.
WHEREAS, Chapter 23 of the 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 Chief Executive Officer of the municipality on behalf of the law enforcement
agency, and
WHEREAS, there is existing and continuing possibility of the occurrence of law enforcement
situational problems and other natural andlor man-made conditions which are likely to be beyond the
control of services, personnel equipment or facilities of the South Miami Police Department, and
WHEREAS, to meet the responsibility of the respective governments to ensure the public safety
and homeland security of their citizens by providing adequate levels of police services, preparations must
be made to protect the public peace and safety and to preserve the lives and property of the residents,
workforce and visitors of the City of South Miami, and
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION
OF THE CITY OF SOUTH MIAMI, FLORIDA:
Section 1: The City Manager is authorized to renew the Mutual Aid Agreement, in form
acceptable to the City Attorney, with the Village of Pinecrest, on behalf of the City of South Miami Police
Department pursuant to Section 23.1225(3), Florida Statutes. A copy of the Agreement is attached.
Section 2: If any section clause, sentence, or phrase of this resolution is for any reason held
invalid or unconstitutional by a court of competent jurisdiction, the holding shall not affect the validity of
the remaining portions of this resolution.
Section 3: This resolution shall become effective immediately upon adoption by vote of the City
Commission.
PASSED AND ADOPTED this __ day of _____ , 2013.
ATTEST:
MARIA MENENDEZ, CITY CLERK
READ & APPROVED AS TO FORM,
LANGUAGE, LEGALITY AND
EXECUTION THEREOF:
THOMAS PEPE, CITY ATTORNEY
APPROVED:
PHILIP K. STODDARD, MAYOR
COMMISSION VOTE:
Mayor Stoddard:
Vice Mayor Liebman:
Commissioner Newman:
Commissioner Harris:
Commissioner Welsh:
Mutual Aid Agreement
Between the City of South Miami Police Department and
The Village of Pinecrest
Whereas, it is the responsibility of the government of the City of South Miami, Miami-Dade
County, Florida and the Village of Pinecrest, Miami-Dade County, 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 continuing possibility of the occurrence of the 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
Police Department and/or the Village of Pinecrest; and
Whereas, in order to ensure the ability of these laws enforcement agencies will be adequate
to address any and all of these conditions, to protect the public peace and safety, and
preserve the lives and property of the people of the City of South Miami and the Village of
Pinecrest; and
Whereas, the City of South Miami and the Village of Pinecrest have the authority under
Chapter 23, Florida State Statutes, Florida Mutual Aid Act, to enter into a Mutual Aid
Agreement.
NOW, THEREFORE, BE IT KNOWN that the City of South Miami and the Village of
Pinecrest, municipal corporations of the State of Florida, by and through their 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
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 describes in Chapter 23, Florida
Statutes.
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3. Definitions:
a. Joint Declaration: A document which enumerates the various conditions or
situations where aid may be requested or rendered pursuant to this Agreement, as
determined by concerned agency heads. Subsequent to execution by the concerned agency
heads, the joint declaration shall be filed with the clerks of the respective municipalities and
shall thereafter become part of this Agreement. Said declaration may be amended or
supplemented by mutual agreement at any time, upon filing a subsequent declaration with
the clerks of the respective municipalities.
b. Agency or participating Law Enforcement Agency: The City of South Miami Police
Department and the Village of Pinecrest.
c. Agency Head: The Chief of Police of the City of South Miami or the Chief's
designees; and the Chief of Police of the Village of Pinecrest, or the Chief's designees.
d. Authorized Agency Representative: Agency head as defined herein.
e. Participating Municipal Police Department: The Police Department of any
municipality in Miami-Dade County, Florida, that has approved and executed this
Agreement upon the approval of the governing body of that municipality.
f. Certified Law Enforcement Employee: Any law enforcement employee certified as
provided in Chapter 943, Florida Statutes.
g. Chief Executive Officer: The official for the municipality who, by charter or
ordinance, has authority to sign contracts for the municipality.
4. Operations:
a. In the event that a party to this Agreement is in need of assistance as specified in the
applicable joint declaration attached as Exhibit 1/ A", an authorized representative of the
Police Department requiring assistance shall notify the Agency from whom such assistance is
requested. The authorized Agency Representative (Chief or Designee) whose assistance is
sought shall evaluate the situation and his/her 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,
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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. 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.
d. 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 supervising officer shall be under the direct
supervision and command 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 Chief of Police 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 to agency affiliation
a. 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 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.
The Agency Head of the participating Law Enforcement Agencies, or their designees, may
modify these procedure establish procedures for giving control of the mission definition to
the requesting Agency, and for giving tactical control over accomplishing any such assigned
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mission and supervisory control over all personnel or equipment provided pursuant to this
Agreement to the providing Agency.
5. Powers, Privileges, Immunities, and Costs:
a. All employees of the participating Law Enforcement Agencies, including 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
employed 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 municipality in which they are normally employed.
b. The municipality 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 the same.
c. The municipality having financial responsibility for the Law Enforcement Agency
providing aid pursuant to this Agreement shall compensate all of its employees rendering
aid pursuant to this Agreement during the time of the rendering of such aid and shall defray
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 to such employees.
d. All exemption from ordinance and rules, and all pension, insurance, relief,
disability, worker's compensation, salary, death, and other benefits which apply 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 extraterritorially under the provisions of this Mutual Aid Agreement.
The provisions of this Agreement shall apply with equal effect to paid auxiliary employees.
e. Employees of the subscribing law enforcement agencies, when actually engaging in
mutual cooperation and assistance outside of their normal jurisdictional limits but inside this
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State, under the terms of this Agreement, shall pursuant to the provisions of § 23.127(1), F.S.
have the same powers, duties, rights, privileges and immunities as if 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
appropriations from the governing authority having budgeting jurisdiction to reimburse the
assisting agency for any actual costs of expenses incurred by the assisting agency performing
hereunder.
6. 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 (lithe Agency's Contribution"). This shall occur pursuant to the
provisions of the Florida Contraband Forfeiture Act. The Agency who physically seizes the
property shall have the responsibility for timely and properly following the statutory
procedure for forfeiture of the property. The Agency that prosecutes the forfeiture
proceedings shall recover, from the forfeiture proceeds, its costs, including reasonable
attorney fees, associated with said proceedings, or, in the event the recovery is personal
property, then said costs shall be added to the value of the Agency's Contribution to the
investigation and participation and the Agencies involve in the seizure shall equitable share
in the use of the property in proportion to the Agency's Contribution.
7. Indemnification: The municipality having financial responsibility for the Law
Enforcement Agency providing aid pursuant to this Agreement agrees to hold harmless,
defend, and indemnify the requesting Law Enforcement Agency and its municipality in any
suits, actions, or claims for damages resulting from or arising out of any and all acts,
omissions or conduct of employees of said providing Agency while providing aid pursuant
to this Agreement, subject to Chapter 768, Florida Statutes, where applicable. The
municipality requesting aid shall indemnify the municipality providing aid from any suits,
actions or claims for damages resulting from or arising out of any act, omission or conduct of
employees of the requesting municipality.
8. Conflicts: Any conflicts between this Agreement and the Florida Mutual Aid Act will
be controlled by the provisions of the later, whenever conditions exist that are within the
definitions stated in Chapter 23, Florida Statutes.
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9. Effective Date and Duration: This Agreement shall be in effect from date of signing,
through and including, January I, 2018.
10. 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
Officer of the parties hereto.
11. Modification, Amendment and Waiver: This agreement contains the entire
agreement of the parties and no modification or amendment of any terms or provisions of
this agreement shall be valid or binding unless it complies with this paragraph. This
agreement in general and this paragraph in particular, shall not be modified, amended or
waived except in writing signed by both parties. The waiver of any breach or default of any
of the terms of this Agreement shall not act as a waiver of any subsequent breach or default.
12. Validity of Executed Copies: This agreement may be executed in several
counterparts, each of which may be construed as an original.
AGREED TO AND ACKNOWLEDGED this __ day of __ --', 2013
YOCEL YN GALIANO GOMEZ, CITY MANAGER
VILLAGE OF PINECREST, FLORIDA
Date: ______ _
Attest:
GUIDO Ho INGUANZO, JR.
CITY CLERK
VILLAGE OF PINECREST, FLORIDA
Date: _____ _
APPROVED AS TO FORM, LANGUAGE,
EXECUTION AND LEGAL SUFFICIENCY:
CYNTHIA A EVERETT, PoA, CITY ATTORNEY
VILLAGE OF PINECREST, FLORIDA
Date: ______ _
SAMUEL CEBALLOS, JR.
CHIEF OF POLICE, VILLAGE OF PINECREST
Date: ______ _
STEVEN ALEXANDER, CITY MANAGER
CITY OF SOUTH MIAMI, FLORIDA
Date: _____ _
Attest:
MARIA MENENDEZ
CITY CLERK
CITY OF SOUTH MIAMI, FLORIDA
Date: _____ _
APPROVED AS TO FORM, LANGUAGE,
EXECUTION AND LEGALITY THEREOF
THOMAS PEPE, PoA, CITY ATTORNEY
CITY OF SOUTH MIAMI, FLORIDA
Date: _____ _
ORLANDO MARTiNEZ DE CASTRO
CHIEF OF POLICE, SOUTH MIAMI PO
Date: ______ _
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EXHIBIT /I A"
CITY OF SOUTH MIAMI
• RED ROAD FROM SW 40 TH STREET TO SW 44TH STREET
• RED ROAD FROM SW 48 STREET TO SW 64 TERRACE (SM JURISDICTION ONLY)
• RED ROAD FROM SW 64TH TERRACE TO KENDALL DRIVE
• FROM RED ROAD TO SW 69 TH AVENUE (SM JURISDICTION ONLY)
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