Res. No. 093-07-12478WHEREAS, Chapter 23 Florida Statues, 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 the existing and continuing possibly of the occurrence of law enforcement
problems and other natural man-made conditions which 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 afore mentioned
entity; and
WHEREAS, to meet the responsibility of the respective governments to ensure 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 jurisdictions ; and
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF
THE CITY OF SOUTH MIAMI, FLORIDA THAT:
Section 1. The City Manager of the City of South Miami is authorized to enter into a
Mutual Aid Agreement, in form acceptable to the City Attorney, with the
City of Coral Gables Police Department, on behalf of the City of
South Miami Police Department pursuant to Section 23.1225 (3), Florida
Statues.
Section 2. This resolution shall take effect immediately upon execution.
PASSED AND ADOPTED this -5 day of 2007.
61
ATTEST:
C TfY CLERK
READ_AND-APPROVTD AS TO FORM:
C,LITY-ATTO'RNEY
APPROVED:
/
MAYOR
Commission Vote:
5-0
Mayor Feliu:
Yea
Vice Mayor Wiscombe:
Yea
Commissioner Palmer:
Yea
Commissioner Birts:
Yea
Commissioner Beckman:
Yea
Subject: Mutual Aid Agreement with Coral Gables Police Department
Request: The Police Department is requesting to renew its mutual aid agreement
with the City of Coral Gables Police Department. As a matter of course
this agreement should be renewed every five years, a recommendation of
the Florida Department of Law Enforcement, the agency statutorily
charged with the administration of mutual aid within the state.
Reason/Need: 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 specific times of need. This agreement allows the Police
Department to draw upon resources in furtherance of the law
enforcement mission, including personnel and equipment, as well as
providing for reciprocity.
�Mi EVER gun= r.
OR
X The City of Coral Gables
Office of the Police Chief
2801 SALzEDo STREET
CORAL GABLES.* FLoRiDA 33134
PHONE (305) 460-5418
FAX (305) 460-5499
F., mol ww 1
Chief Vincent Landis
South Miami Police Department
6130 Sunset Drive
South Miami, FL 33143
videc-
Dear andis:
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CHIEEPS ,
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MAY 0 2,V7
Attached hereto please find a copy of the proposed Mutual Aid Agreement for your
review and consideration. The attached agreement makes the necessary changes to
conform with the decisions entered by the 3d District Court of Appeal in the cases of
State of Florida v. Pip kin, 927 SpId 901 (Fla. 3d DCA 2006) and Ball v. State of Florid
(Case No. 04-092 AP, 11"' Judicial Circuit, June 5, 2006). Both cases involved
investigatory stops after a police officer observed the defendant violating routine traffic
regulations while outside the officers' jurisdiction.
In Bail, a Coral Gables police officer was on routine patrol, traveling south on Red Road,
which road serves as the boundary between Coral Gables and South Miami. The lane the
officer was traveling in is located within the City of South Miami. While traveling on that
lane, the officer initiated an investigatory stop of the defendant's vehicle for failure to
drive within a single lane. After reviewing the mutual aid agreement between the two
cities, the Court held that the agreement specifically excluded routine traffic stops.
Therefore, the officer's stop was illegal. However, the Court went on to state that, under
the terms of a mutual aid agreement, an officer may be granted the same powers, duties,
rights, privileges and immunities as the neighboring agency if he/she is performing law
enforcement responsibilities in "strict compliance with the terms of the mutual aid
agreement."
As a result of the aforementioned ruling, the City of Coral Gables has modified its
Mutual Aid Agreement to allow for routine patrol along boundary roads of neighboring
jurisdictions. Under Section IV, the agreement allows a law enforcement officer, who is
within the boundary lines in another subscribed agency's jurisdiction for matters of a
routine patrol nature, to be empowered to act within the law as if he/she were within their
The City of Coral Gables
Page Two
April 26, 2007
Chief Vincent Landis
The changes to this agreement have been reviewed and approved by the State Attorney's
office for use in Miami-Dade County. If you and your City Attorney concur with the
revised Agreement, please sign both copies as indicated and return. Once completed by
both parties, my office will forward one of the two original agreements to you.
Your cooperation in this matter is greatly appreciated.
Enclosures
WHEREAS, the subscribing 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 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 §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 subscribing law enforcement agencies have the authority under §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 for
arrestable offenses across jurisdictional lines as allowed under F.S. §166.0496;-
2) Provides for rendering of assistance in a law enforcement emergency as defined in F.S.
§252.34; and
3) Allows routine traffic patrol along boundary roads of neighboring jurisdictions pursuant to
F.S. §23.1225.
NOW THEREFORE, the parties agree as follows:
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, drug violations pursuant to Chapter 893, F.S., routine traffic offenses along
boundary roads, backup services during patrol activities, school resource officers on official duty
out of their jurisdiction, and inter-agency task forces and/or joint investigation.
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,
controversial trials, political conventions, labor disputes, and strikes.
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Mutual Aid Agreement
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 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.
B. 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.
17.'Joint enforcement of all state laws and county ordinances and exercise of arrest
powers when a crime of violence or felony of any nature occurs in the presence of any
sworn law enforcement officer, within the area beginning: Exhibit "K attached hereto.
This provision is not intended to grant general authority to conduct investigations, serve
warrants and/or subpoenas or to respond without requests 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 director shall be under the
immediate command of 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.
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Mutual Aid Agreement
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 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 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.
1176
A
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 from 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 manner 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 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.
Each jurisdiction extends to the other the right to conduct traffic enforcement activities on the
following roadways and that this agreement is for traffic offenses only and that when dealing
with arrestable criminal traffic violations, it will be the responsibility of, and investigated by, the
agency present on either side of the boundary road (Exhibit "A" attached hereto).
Should a sworn law enforcement officer be within the boundary lines in.another subscribed
agency's jurisdiction for matters of a routine patrol nature, such as traveling through the area on
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 act in accordance With the law as if the Chief of Police or designee of the
Page 3 of 5
Mutual Aid Agreement
adjacent jurisdiction had authorized the other subscribing agency's intervention and assistance.
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 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 §768.28., F. S., where applicable.
SECTION VI: POWERS, PRIVILEGES, IMMUNITIES AND COSTS
a. Employees of the subscribing law enforcement agencies, 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 § 23.127(1), F.S. 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 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 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 extraterritorially
under the provisions of this mutual aid agreement. The provisions of this section shall apply with
equal effect to paid, volunteer, and reserve 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.
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Mutual Aid Agreement
Each party shall provide satisfactory proof of liability insurance by one or more of the means
specified in §768.28 (14), F. S., 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.
This agreement shall take effect upon execution and, approval by the hereinafter named officials
and shall continue in full force and effect until - lz4t-p— J 10 200L,;Under no
circumstances may this agreement be renewed, ar66nded, or extended except in writing.
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 to these present to be signed on the
APP AS TO FORM: APPR S TO FORM:
Elizabe Hernandez L credo
City Attorney City Attomev
City of Coral Gables City of S J�h Mia?6i
Date: 15-07 Date:
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Mutual Aid Agreement
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