Res. No. 095-06-12236RESOLUTION NO. 95 -06- -t 2236
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER
TO ENTER INTO A MUTUAL AID AGREEMENT WITH THE CITY
OF NORTH MIAMI BEACH 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 STATUES; PROVIDING AN
EFFECTIVE DATE
WHEREAS, 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 possibility 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 aforementioned 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.
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 North Miami Beach 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 day of , 2006.
SIGNATURES ON FOLLOWING PAGE
Pg. 2 of Res. No. 95 -06 -12236
ATTEST:
ctrV CLERK
ORNEY
APPROVED:
YOR
Commission Vote
5-0
Mayor Feliu:
Yea
Vice Mayor Wiscombe:
Yea
Commissioner Palmer:
Yea
Commissioner Birts:
Yea
Commissioner Beckman:
Yea
C:1Documents and SettingslSRothsteinlMy DocumentslReso- OrdlAgenda Resolution NMBPD Mutual Aid 06.doc
South Miami
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CITY OF SOUTH MIAMI ' I
OFFICE OF THE CITY MANAGER
INTER - OFFICE MEMORANDUM 2001
To: The Honorable Mayor Feliu and Members of the City Commission
Via: Yvonne S. McKinley, Acting City Manager
From: Lisa Morton, Acting Police Chief
Date: June 13, 2006 Agenda Item #
Subject: Mutual Aid Agreement with North Miami Beach 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 NORTH MIAMI BEACH 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 STATUES;
PROVIDING AN EFFECTIVE DATE
Request: The Police Department is requesting to renew its mutual aid agreement with the
City of North Miami Beach 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.
Backup Documentation:
Draft Agreement
OPERATIONAL ASSISTANCE MUTUAL AID AGREEMENT
WITNESSETH
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
INTENSIVE SITUATION, INCLUDING BUT NOT LIMITED TO NATURAL OR MAN MADE DISASTERS
OR EMERGENCIES AS DEFINED UNDER SECTION 252.34, FLORIDA STATUTES; AND,
WHEREAS, THE SOUTH MIAMI POLICE DEPARTMENT AND THE NORTH MIAMI BEACH POLICE
DEPARTMENT 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 SERVICE WHICH PROVIDES FOR RENDERING OF ASSISTANCE IN A LAW
ENFORCEMENT EMERGENCY.
NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS:
SECTION I: PROVISIONS 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, OFF DUTY ASSIGNMENTS, INCIDENTS REQUIRING UTILIZATION OF
SPECIALIZED UNITS AND ANY OTHER SITUATION DEAMED APPROPRIATE BY EACH OF THE
AFORESAID AGENCY HEADS.
SECTION II: 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 HISIIIER DESIGNEE FROM WHOM SUCH ASSISTANCE IS
REQUESTED. THE AGENCY HEAD OR AUTHORIZED AGENCY REPRESENTATIVE WHOSE
ASSISTANCE IS SOUGHT SHALL EVALUATE THE SITUATION AND TIID AGENCY'S AVAILABLE
RESOURCES, CONSULT WITH HIS/IiER SUPERVISORS IF NECESSARY AND WILL RESPOND IN A
MANNER HE /SHE DEEMS APPROPRIATE.
THE AGENCY HEAD OR AUTHORIZED REPRESENTATIVE 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 PARTUICULAR SITUATION DICTATES.
THE AGENCY HEAD'S DECISION IN THESE MATTERS SHALL BE FINAL. COMMUNICATIONS
INS"T"RUCTIONS WILL BE INCLUDED IN EACH REQUEST FOR MUTUAL AID. IN THE ABSENCE OF
SUCH INSTRUACTIONS, COMMUNICATIONS WELL BE CONDUCTED ON A MUTUALLY AGREED
UPON RADIO FREQUENCY, IF NOT THROUGH MIAMI -DADE COMMUNICATIONS BUREAU.
SECTION III: COMMAND AND SUPERVISORY RESPONSIBILITY
THE PERSONNEL AND EQUIPMENT THAT ARE ASSIGNED BY THE ASSISTING AGENCY HEAD
SHALL BE UNDER THE iM2vfEDIATE 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 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 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 SUPERVISING OFFICERS FROM EACH
AGENCY WILL TOGETHER DETERMINE THE APPROPRIATE COURSE OF ACTION AS DETERMINED
BY THE SITUATION.
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 HISMER DESIGNEE OF THE REQUESTING AGENCY SHALL BE RESPONSIBLE
FOR THE DOCUMENTATION OF SAID COMPLAINT TO ASCERTAIN AT A MINIMUM:
I . 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 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 IV: LLABILITY
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 V: POWERS, PRI,71LEGES, IMMUNITIES AND COSTS.
a. EMPLOYEES OF THE SOUTH MIAMI POLICE DEPARTMENT AND THE NORTH MIAMI
BEACH POLICE DEPARTMENT WHEN ACTUALLY ENGAGING IN MUTUAL
COOPERATION AND ASSISTANCE OUTSIDE THEIR JURISDICTIONAL LIMITS BUT INSIDE
THIS STATE, UNDER THE TERMS OF THIS AGREEMENT, SHALL, PURSUANT TO THE
PROVISIONS OF SECTION 23.I27(I ), FLORIDA STATUTES, 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 MAINTAINANCE OF
THAT EQUIPMENT.
d. THE AGENCY FURNISHING AID 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 IN JURY OR DEATH WHILE SUCH EMPLOYEES
ARE RENDERING AID PURSUANT TO THIS AGREEMENT.
e. THE PRIVILEGES AND EvfWTNITIES FROM LIABILITY, EXEMPTION FROM LAWS,
ORDINANCES AND RULES AND ALL PENSION, INSURANCE, RELIEF, DISABILITY,
WORKERS' COMPENSATION, SALARY, DEATH AND OTHER BENEFITS THAT APPLY TO
THE ACTIVITY OF AN EMPLOYEE OF AN AGENCY WHEN PERFORMING THE
EMPLOYEES' 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 PART TIME EMPLOYEES.
f NOTHING HEREIN SHALL PREVENT THE REQUESTING AGENCY FROM REQUESTING
SUPPLEMENTAL APPROPRIATIONS FROM THE GOVERNING AUTHORITY HAVING
BUDGETED 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 VI: LIABILITY INSURANCE
THE CITY OF NORTH MIAMI BEACH IS SELF - INSURED PURSUANT TO CHAPTER 768, FLORIDA
STATUTES. SOUTH MIAMI 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 JUDGEMENT OF THE GOVERNING BODY OF THAT PARTY, AT LEAST
ADEQUATE TO COVER THE RISK TO WHICH THAT PARTY MAY BE EXPOSED. SHOULD TEE
INSURANCE COVERAGE, HOWEVER PROVIDED, OF ANY PARTY BE 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. _
SI{CTION VII: FOREFEITURE PROVISIONS
a. IN THE EVENT AN AGENCY SEIZES ANY REAL PROPERTY, VESSEL, MOTOR VEHICLE,
AIRCRAFT, CURRENCY OR OTHER PROPERTY PURSUANT TO THE FLORIDA
CONTRABAND FOREFEITURE ACT DURING THE PERFORMANCE OF THIS AGREEMENT,
THE AGENCY REQUESTING ASSISTANCE IN THE CASE OF REQUESTED OPERATIONAL
ASSISTANCE AND THE SEIZING AGENCY IN THE CASE OF VOLUNTARY COOPERATION
SHALL BE RESPONSIBLE FOR MAINTAINING ANY FOREFEITURE ACTION PURSUANT
TO CHAPTER 932, FLORIDA STATUTES. THE AGENCY PURSUING THE FOREFEITURE
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 NOT 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 EQUALLY BETWEEN THE
PARTIES, LESS THE COSTS ASSOCIATED WITH THE FOREFEITURE ACTION.
SECTION VIII: EFFECTIVE DATE
THIS AGREEMENT SHALL TAKE EFFECT UPON EXECUTION AND APPROVAL BY THE HEREINAFTER
NAMED OFFICIALS AND SHALL CONTINUE IN FULL FORCE UNTIL. MARCH 09, 2010. UNDER NO
CIRCUMSTANCES MAY THIS AGREEMENT BE RENEWED, AMENDED, OR EXTENDED EXCEPT IN
WRITING.
CANCELLATION:
ANY PARTY CANCEL ATN EEN DELIVERY OF
NOTICE E O HERPARTY OR PARTICIPATION
RTIES. IN THIS WILL BAT THE DIRECTION OF ANY SUBSCRIBING PARTY.
IN WITNESS WHEREOF, THE PARTIES HERETO CAUSE THESE PRESENTS TO BE SIGNED ON THE
DATE SPECIFIED.
City Manager, i Manager,
North Miami Beach, FL uth Miami, FL
s
C Date Executed:
Date Executed:
........... :�-
ATTEST:
North Miami Beach, Fi.
APPROVED AS TO FORM
AND CORRECTNESS ONLY/
TERMNS CONDITIONS
PRO D BY OTHERS
21ty Attorney, V
North Miami Beach, FL
CIerk,
South Miami, FL
APPROVED AS TO FORM
AND CORRECTNESS
JOINT DECLARATION OF THE CHIEF OF
THE CITY OF NORTH MIAMI BEACH POLICE DEPARTMENT AND THE
CHIEF OF THE SOUTH MIAMI POLICE DEPARTMENT
PURSUANT TO MUTUAL AID ACT
A police officer of either of the participating law enforcement agencies shall be
considered to be operating under the provisions of the Mutual Aid Agreement when:
♦ participating in law enforcement activities that are preplanned and approved by
each respective agency head; or
♦ appropriately dispatched in response to a request for assistance from the other
law enforcement agency.
In compliance with and under the authority of the Mutual Aid Agreement
heretofore entered into by the City of North Miami Beach and the City of South Miami, it
is hereby declared that the following list comprises the circumstances and conditions
under which mutual aid may be requested and rendered regarding police operations
pursuant to the agreement. Said list may be amended or supplemented frown time to time,
as needs dictate by subsequent declarations.
1. Joint multijurisdictional criminal investigations.
2. Civil affray or disobedience, disturbances, riots, large protest
demonstrations, controversial trails, 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 lane leaks, radiological
incidents, train wrecks and derailments, chemical or hazardous waste
spills and electrical failures.
5. Terrorist activity including, but not limited to, acts of sabotage.
6. Escapes from or disturbances within detention 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. Emergency situations in which one agency cannot perform its functional
objective.
14. Incidents requiring utilization of specialized units e.g., underwater
recovery, aircraft, canine, motorcycle, bomb, crime scene, marine patrol
and police information.
15. Joint training in areas of mutual need.
16. Joint multijurisdictional marine interdiction operations.
ATTEST:
lCity20erk
Maria M. MDWde�-
CITY OF NORTH NIIAMI BEACH
POLICE DEPARTMENT
L da M. Loizzo, 'ef
Date: 3
CITY OF SOUTH MIAMI
POLICE DEPARTMENT
Vincent Lan i .r Chief
Date: Bch o
r
t '
r
v
'
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. Emergency situations in which one agency cannot perform its functional
objective.
14. Incidents requiring utilization of specialized units e.g., underwater
recovery, aircraft, canine, motorcycle, bomb, crime scene, marine patrol
and police information.
15. Joint training in areas of mutual need.
16. Joint multijurisdictional marine interdiction operations.
ATTEST:
lCity20erk
Maria M. MDWde�-
CITY OF NORTH NIIAMI BEACH
POLICE DEPARTMENT
L da M. Loizzo, 'ef
Date: 3
CITY OF SOUTH MIAMI
POLICE DEPARTMENT
Vincent Lan i .r Chief
Date: Bch o