Res. No. 008-09-12817RESOLUTION NO:. 08 -09 -12817
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH
MIAMI, FLORIDA AUTHORIZING THE CITY MANAGER TO ENTER INTO MUTUAL
AID AGREEMENTS WITH THE CITY OF WEST MIAMI POLICE DEPARTMENT, THE
VILLAGE OF KEY BISCAYNE POLICE DEPARTMENT, THE CITY OF HIALEAH
GARDENS 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 the City of West Miami Police Department, the Village of Key Biscayne Police Department and
the City of Hialeah Gardens 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 day of ___per!
ATTEST:
(A
Y CLERK
READ AND APPROVED AS TO ORM
CTORNEY
ir G+-%).
Commission Vote: H
5 -0
Mayor Feliu:
Yea
Vice Mayor Beasley:
Yea
Commissioner Palmer:
Yea
Commissioner Beckman:
Yea
Commissioner Newman:
Yea
MAYOR
South Miami
Ail- AmericaM
CITY OF SOUTH MIAMI , I
OFFICE OF THE CITY MANAGER
INTER - OFFICE MEMORANDUM 2001
To: The Honorable Mayor & Members of the City Commission
1
Via: W. Ajibola Balogun, City Manager .
From: Robert F. Richardson II, Chief of Police __;
Date: January 20, 2009 Agenda Item No.:
Subject: Mutual Aid Agreements
Request: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
SOUTH MIAMI, FLORIDA AUTHORIZINGTHE CITY MANAGER TO ENTER INTO
MUTUAL AID AGREEMENTS WITH THE CITY OF WEST MIAMI POLICE
DEPARTMENT, THE VILLAGE OF KEY BISCAYNE POLICE DEPARTMENT, THE
CITY OF HIALEAH GARDEN 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 Agreements with the City of West
Miami Police Department, the Village of Key Biscayne Police Department, and the City of
Hialeah Gardens 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: N/A
Backup Documentation:
• Draft Resolution
LAW OR 11 AGREEMENT
Whereas, the subscripting law enforcement agencies are so located in relation to each
other that it is to the advantage of each to receive and extend mutual aid in the form to
law enforcement services and resources to adequately respond to :
( 1) Continuing multi jurisdictional criminal activity, so as to protect public peace and
safety, and preserve the lives and property of the citizens; and
(2) Intensive situations, including but not limited to, natural disasters or emergencies
as defined under Section 252.34, Florida Statutes; and,
Whereas, the South Miami Police Department and the City of vilest Miami Police Dept.
have the authority under Section 23.12, Florida Statutes, et seq., The Florida Mutual Paid
Act, to enter into a mutual aid agreement for law enforcement services which:
( 1) Permits voluntary cooperation and assistance of a routine law enforcement nature
cross jurisdictional lines; and,
(2) Provides for rendering of assistance in a law enforcement emergency,
Now, therefore, the parties agree as follows:
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 homicides, sex offenses, robberies, burglaries,
thefts, gambling, motor vehicle thefts, controlled substances violations, DYJI violations
and with backup services during patrol activities, school resource officers on official duty
out of their jurisdiction, school safety officers enforcing laws within 1000 feet of a
school, and inter - agency task forces and/or joint investigations.
SECTION IIt PROVISION FOR OPERATIONAL ASSISTANCE
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 to include, but not necessarily be limited to, dealing with civil
disturbances, law enforcement emergencies, large protest demonstrations, aircraft
disasters, fires hurricanes, tornadoes or other weather- related crises, sporting events,
concerts, parades, escapes from detention facilities, and incidents requiring utilization of
specialized units (such as bomb disposal units or special weapon and tactics units).
1 1
In the event that a party to this agreement is in need of assistance as set forth above, an
authorized representative of the agency requesting assistance shall notify the agency head
or his /her designee from whom such assistance is requested. The agency head 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 manner he /she deems appropriate.
The agency head in whose jurisdiction assistance 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 writhing as the particular situation dictates.
Should a sworn law enforcement officer be in another subscribed agency's jurisdiction
for matters of a routine nature, such as traveling through the jurisdiction on routine
business, attending a meeting or going to or from work, or transporting a prisoner, 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 documenting the event and the actions taken. This provision so prescribed
in the 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
The personnel and equipment that are assigned by the assisting agency head shall be
under the immediate command of a supervising officer designated by the assisting agency
head. Such supervising officer shall be under the direct supervision and command of the
agency head or his/her designee of the agency requesting assistance.
CONFLICT'S: Whenever an officer, deputy sheriff or other appointee is rendering
assistance pursuant to this agreement, the officer, deputy sheriff or appointee shall abide
by and be subject to the rules and regulations, personnel policies, general orders, and
standard operating procedures of his/her won employing agency. 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, personnel 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 agency
head or his /her designee of the requesting agency shall be responsible agency shall be
responsible for the documentation of said complaint to as certain at a minimum:
1.. The identity of the complaint.
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 complaint, shall be forwarded without delay to the 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.
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 employees while engaged in rendering such aid pursuant to this agreement.
Y; <t / :° I . t \./ MXIIJI `� ItL hT11►1- Y.Y >I �Faf�IZK17�`ll`Ky
A. Employee of the South Miami Police Department and the City of West Miami
Police Department Office when actually engaging in mutual cooperation and
assistance outside of their jurisdictional limits but inside this state, under the
terms of this agreement, shall pursuant to the provision of Section 23.127(1),
Florida Statutes, have the same powers, duties, rights, privileges and
immunities as if the employee was performing duties inside the employees
political subdivision in which normally employed.
B. Each party agrees to famish 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 such 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 aid pursuant to this agreement shall compensate its
appointees /employees during the time such aid is tendered 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.
However, the requesting agency may compensate the assisting agency 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,
including any amounts paid or due for compensation as a result of personal injury
or death while such employees are rendering aid pursuant to this agreement.
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 agencies apply 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 auxiliary employees.
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 or expenses incurred by the
assisting agency performing hereunder.
G. Nothing in this agreement is intended or is to be construed as any transfer or
contracting away of the powers or functions of one party hereto to the other.
Each party 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
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
parry 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.
A. In the event an agency seizes any real property, vessel, motor vehicle, aircraft,
currency or other property pursuant to the Florida Contraband Forfeiture Act
during the performance of this agreement, the agency requesting assistance in the
case of requested operation assistance and the seizing agency in the case of
voluntary cooperation shall be responsible for maintaining any forfeiture action
pursuant to Chapter 932, Florida Statutes. The agency pursuing forfeiture 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 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 between the parties, less the costs associated with
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 1, 2013. Under no
circumstances may this agreement be renewed, amended, or extended except in writing.
Section X. CANCELLATI ®N
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 presents to be signed on the date
specified.
Zap
Chief of olice
City of Sout 1 i, Fl
Date: ®J Zd�p
City of South Miami,
Date:
City Clerk 0
City of South Miami Fl.
Date: / 0 C/o 7
e
Chief of Police
City of West Miami, FL
Date: o ;)- -e>-O- — / c�
/City of West Mi 'mi; F1
Date: 01161, f2Z)16
lu/w'V V
City Jerk V V
City of West Miami, Fl
Date: 3I 151 2.010
VOLUNTARY COOPERATION AND OPERATIONAL ASSISTANCE
LAW ENFORCEMENT MUTUAL AID AGREEMENT
WYMESSETH
Whereas, the subscripting law enforcement agencies are so located in relation to each
other that it is to the advantage of each to receive and extend mutual aid in the form to
law enforcement services and resources to adequately respond to :.
(1) Continuing multi jurisdictional criminal activity, so as to protect public peace and
safety, and preserve the lives and property of the citizens; and
(2) Intensive situations, including but not limited to, natural disasters or emergencies
as defined under Section 252.34, Florida Statutes; and,
Whereas, the South Miami Police Department and the Village of Key Biscayne Police
Dept. have the authority under Section 23.12, Florida Statutes, et seq., The Florida
Mutual Aid Act, to enter into a mutual aid agreement for law enforcement services
which:
(1) Permits voluntary cooperation and assistance of a routine law enforcement nature
cross jurisdictional lines; and,
(2) Provides for rendering of assistance in a law enforcement emergency,
Now, therefore, the parties agree as follows:
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 homicides, sex offenses, robberies, burglaries,
thefts, gambling, motor vehicle thefts, controlled substances violations, DUI violations
and with backup services during patrol activities, school resource officers on official duty
out of their jurisdiction, school safety officers enforcing laws within 1000 feet of a
school, and inter- agency task forces and/or joint investigations.
SECTION H: PROVISION FOR OPERATIONAL ASSISTANCE
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 to include, but not necessarily be limited to, dealing with civil
disturbances, law enforcement emergencies, large protest demonstrations, aircraft
disasters, fires hurricanes, tornadoes or other weather - related crises, sporting events,
concerts, parades, escapes from detention facilities, and incidents requiring utilization of
specialized units (such as bomb disposal units or special weapon and tactics units).
SECTION HL PROCEDURE FOR REQUESTING ASSISTANCE
In the event that a party to this agreement is in need of assistance as set forth above, an
authorized representative of the agency requesting assistance shall notify the agency head
or his/her designee from whom such assistance is requested. The agency head 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 manner he /she deems appropriate.
The agency head in whose jurisdiction assistance 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 writhing as the particular situation dictates.
Should a sworn law enforcement officer be in another subscribed agency's jurisdiction
for matters of a routine nature, such as traveling through the jurisdiction on routine
business, attending a meeting or going to or from work, or transporting a prisoner, 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 documenting the event and the actions taken. This provision so prescribed
in the 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 RESPONSIBILTPY
The personnel and equipment that are assigned by the assisting agency head shall be
under the immediate command of a supervising officer designated by the assisting agency
head. Such supervising officer shall be under the direct supervision and command of the
agency head or his/her designee of the agency requesting assistance.
CONFLICTS: Whenever an officer, deputy sheriff or other appointee is rendering
assistance pursuant to this agreement, the officer, deputy sheriff or appointee shall abide
by and be subject to the rules and regulations, personnel policies, general orders, and
standard operating procedures of his/her won employing agency. 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, personnel 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 agency
head or his /her designee of the requesting agency shall be responsible agency shall be
responsible for the documentation of said complaint to as certain at a minimum:
L The identity of the complaint.
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 complaint, shall be forwarded without delay to the 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 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 employees while engaged in rendering such aid pursuant to this agreement.
SECTION VL POWER, PRIVELEGES, IMMUNITIES AND COSTS
A. Employee of the South Miami Police Department and the Village of Key
Biscayne Police Department Office when actually engaging in mutual cooperation
and assistance outside of their jurisdictional limits but inside this state, under
the terms of this agreement, shall pursuant to the provision of Section
23.127(1), Florida Statutes, have the same powers, duties, rights, privileges
and immunities as if the employee was performing duties inside the
employees 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 such 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 aid pursuant to this agreement shall compensate its
appointees/employees during the time such aid is tendered 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.
However, the requesting agency may compensate the assisting agency 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,
including any amounts paid or due for compensation as a result of personal injury
or death while such employees are rendering aid pursuant to this agreement.
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 agencies apply 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 auxiliary employees.
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 or expenses incurred by the
assisting agency performing hereunder.
G. Nothing in this agreement is intended or is to be construed as any transfer or
contracting away of the powers or functions of one party hereto to the other.
SECTION VII LIABILITY INSURANCE
Each party 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
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 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 VIII FORFEITURE
A. In the event an agency seizes any real property, vessel, motor vehicle, aircrafi,
currency or other property pursuant to the Florida Contraband Forfeiture Act
during the performance of this agreement, the agency requesting assistance in the
case of requested operation assistance and the seizing agency in the case of
voluntary cooperation shall be responsible for maintaining any forfeiture action
pursuant to Chapter 932, Florida Statutes. The agency pursuing forfeiture 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 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 between the parties, less the costs associated with
the forfeiture action as per prior written agreement, according to percentages of
participation.
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 1, 2013. Under no
circumstances may this agreement be renewed, amended, or extended except in writing.
Section X. 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 presents to be signed on the date
specified.
Chief of Police
City of South mi, Fl
Date: ; o f
City Manager
City of Sou h Miami, Fl.
Date: 01 1(b(boj
ey
City of South Miami, Fl.
Date:
��
City Clerk
City of South Miami Fl.
Date:
Okel la i JL 4
Chief of Police
Village of Key Biscayne, Fl.
Date:
Date:
Village Atton'he
Village of Key
Date:
Fl.
VOLUNTARY COOPERATION AND OPERATIONAL ASSISTANCE
LAW ENFORCEMENT MUTUAL AID AGREEMENT
►�.i r r��s:� -�i ra
Whereas, the subscripting law enforcement agencies are so located in relation to each
other that it is to the advantage of each to receive and extend mutual aid in the form to
law enforcement services and resources to adequately respond to :
( I) Continuing multi jurisdictional criminal activity, so as to protect public peace and
safety, and preserve the lives and property of the citizens; and
(2) Intensive situations, including but not limited to, natural disasters or emergencies
as defined under Section 252.34; Florida Statutes; and,
Whereas, the South Miami Police Department and the City of Hialeah Gardens Police
Dept. have the authority under Section 23.12, Florida Statutes, et seq., The Florida
Mutual Aid Act, to enter into a mutual aid agreement for law enforcement services
which:
( I) Permits voluntary cooperation and assistance of a routine law enforcement nature
cross jurisdictional lines; and,
(2) Provides for rendering of assistance in a law enforcement emergency,
Now, therefore, the parties agree as follows:
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 homicides, sex offenses, robberies, burglaries,
thefts, gambling, motor vehicle thefts, controlled substances violations, DUI violations
and with backup services during patrol activities, school resource officers on official duty
out of their jurisdiction, school safety officers enforcing laws within 1000 feet of a
school, and inter - agency task forces and/or joint investigations.
SECTION II: PROVISION FOR OPERATIONAL ASSISTANCE
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 to include, but not necessarily be limited to, dealing with civil
disturbances, law enforcement emergencies, large protest demonstrations, aircraft
disasters, fires hurricanes, tornadoes or other weather - related crises, sporting events,
concerts, parades, escapes from detention facilities, and incidents requiring utilization of
specialized units (such as bomb disposal units or special weapon and tactics units).
SECTION M. PROCEDURE FOR REQUESTING ASSISTANCE
In the event that a party to this agreement is in need of assistance as set forth above, an
authorized representative of the agency requesting assistance shall notify the agency head
or his /her designee from whom such assistance is requested. The agency head 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 manner he /she deems appropriate.
The agency head in whose jurisdiction assistance 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 writhing as the particular situation dictates.
Should a sworn law enforcement officer be in another subscribed agency's jurisdiction
for matters of a routine nature, such as traveling through the jurisdiction on routine
business, attending a meeting or going to or from work, or transporting a prisoner, 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 documenting the event and the actions taken. This provision so prescribed
in the 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 agency head shall be
under the immediate command of a supervising officer designated by the assisting agency
head. Such supervising officer shall be under the direct supervision and command of the
agency head or his/her designee of the agency requesting assistance.
CONFLICTS: Whenever an officer, deputy sheriff or other appointee is rendering
assistance pursuant to this agreement, the officer, deputy sheriff or appointee shall abide
by and be subject to the rules and regulations, personnel policies, general orders, and
standard operating procedures of his/her won employing agency. 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, personnel 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 agency
head or his /her designee of the requesting agency shall be responsible agency shall be
responsible for the documentation of said complaint to as certain at a minimum:
I . The identity of the complaint.
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 complaint, shall be forwarded without delay to the 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 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 employees while engaged in rendering such aid pursuant to this agreement.
SECTION VL POWER, PRTPELEGES, IMMUNITIES AND COSTS
A. Employee of the South Miami Police Department and the City of Hialeah Gardens
Police Department Office when actually engaging in mutual cooperation and
assistance outside of their jurisdictional limits but inside this state, under the
terms of this agreement, shall pursuant to the provision of Section 23.127(1),
Florida Statutes, have the same powers, duties, rights, privileges and
immunities as if the employee was performing duties inside the employees
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 such 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 aid pursuant to this agreement shall compensate its
appointees/employees during the time such aid is tendered 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.
However, the requesting agency may compensate the assisting agency 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,
including any amounts paid or due for compensation as a result of personal injury
or death while such employees are rendering aid pursuant to this agreement.
E. The privileges and immunities from liability, exemption from laws, ordinances
and rules, and all pension, insurance, relie% 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 agencies apply 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 auxiliary employees.
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 or expenses incurred by the
assisting agency performing hereunder.
G. Nothing in this agreement is intended or is to be construed as any transfer or
contracting away of the powers or functions of one party hereto to the other.
SECTION VII LIABII.rrY INSURANCE
Each party 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
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 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 VIII. FORFEITURE
A. In the event an agency seizes any real property, vessel, motor vehicle, aircraft,
currency or other property pursuant to the Florida Contraband Forfeiture Act
during the performance of this agreement, the agency requesting assistance in the
case of requested operation assistance and the seizing agency in the case of
voluntary cooperation shall be responsible for maintaining any forfeiture action
pursuant to Chapter 932, Florida Statutes. The agency pursuing forfeiture 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 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 between the parties, less the costs associated with
the forfeiture action as per prior written agreement, according to percentages of
participation.
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 1, 2013. Under no
circumstances may this agreement be renewed, amended, or extended except in writing.
Section X. 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 presents to be signed on the date
specified.
Chie of Po 'ce
City of South mi, Fl
Date: ���o¢
City Manager
City of South and, Fl.
Date: ba d(b t)q
City of South Miami, Fl.
Date:
1 D�) a--L� (-h ,
City Clerk
City of South Miami Fl.
Date:
1/1/
City of Hialeah dens, Fl.
Date:
City gKIliallkhTiardens, Ft.
City Attorney
City of Hialeah Gardens, Fl
na +a-
Date:
RESOLUTION NO. of 3 1 Z.
A RESOLUTION OF THE CITY OF HIALEAH GARDENS
AUTHORIZING ENTERING INTO A MUTUAL AID AGREEMENT
WITH THE CITY OF SOUTH MIAMI, FLORIDA REGARDING LAW
ENFORCEMENT ISSUES AND NEEDS; AUTHORIZING THE
EXECUTION OF SUCH AGREEMENT BY THE MAYOR;
RATIFYING THE PROVISIONS OF SUCH AGREEMENT;
PROVIDING FOR CONFLICTS; PROVIDING FOR
SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, Florida statutes authorize various municipalities and counties
within the State of Florida to enter into Mutual Aid Agreements amongst
themselves; and
WHEREAS, the City of Hialeah Gardens ( "City ") wishes to enter into a
Mutual Aid Agreement with the City of South Miami, Florida to provide and
receive mutual aid, on an as needed basis for law enforcement; and
WHEREAS, a Mutual Aid Agreement has been prepared which requires
the signatures of the Mayor, City Clerk and City Attorney and which are in the
possession of the City Clerk; and
WHEREAS, upon execution, such Agreement shall remain on file with the
City Clerk of the City.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND THE
CITY COUNCIL OF THE CITY OF HIALEAH GARDENS, FLORIDA, AS
FOLLOWS:
Section 1: The foregoing WHEREAS clauses are hereby ratified and
confirmed as being true and correct and are hereby made a specific part of this
Resolution upon adoption thereof.
Section 2: That it is in the best interest of the City to enter into the
Mutual Aid Agreement hereinabove referenced which will be in effect through
January 1, 2013, and same is hereby ratified and approved.
Section 3: The Mayor, the City Clerk and the City Attorney, as
authorized signatories of the City shall likewise execute such Agreement as may
be appropriate and necessary under the circumstances. That upon execution,
such Agreement shall become a binding obligation of the City in accordance with
its terms.
Section 4: All Resolutions or parts of Resolutions in conflict herewith
are hereby repealed to the extent of such conflict.
Police Mutual Aid South Miami 2009 Resolution o1 3 « Page 2 of 2
Section 5: If any provision of this Resolution or the application thereof
to any person or circumstance is held invalid, such invalidity shall not affect other
provisions or applications of this Resolution that can be given effect without the
invalid provision or application, and to this end, the provisions of this Resolution
are declared to be severable.
Section 6: This resolution shall become effective upon its adoption in
accordance with law.
PASSED AND ADOPTED by the Mayor and City Council of Hialeah
Gardens, Florida, this IT day of CL"Lt5"117 12009.
is
JOFFEE
CITY
Vote of the Council
Luciano Garcia
Jorge Gutierrez
Jorge Merida
Rolando Pina
Elmo Urra
GS
FAINN AMKO 'INK* A101111
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