Res. No. 026-05-12005RESOLUTION NO.26-05-1 2005
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 MIAMI DADE 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;AND PROVIDE FOR
AN EFFECTIVE DATE.
WHEREAS,Chapter 23FloridaStatutes,theFloridaMutualAidAct,requiresthe
authorization bythe governing body of a municipality before aMutualAid Agreement maybe
enteredintobythe Mayor or Chief Executive Officer of the municipality on behalf of itslaw
enforcement agency;and
WHEREAS,there isthe existing and continuing possibility of the occurrence of law
enforcementproblemsandothernaturalandman-madeconditionswhicharelikelytobebeyond
the control of the services,personnel,equipment or facilities of the City of South Miami and/or
its police department;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,preparations must
be made.
NOW,THEREFORE,BE IT RESOLVED BY THE MAYOR AND COMMISSION
OF THE CITY OF SOUTH MIAMI,FLORIDA,THAT:
Section 1.The City Manager of theCity of South Miami is authorized to enter intoa
Mutual Aid Agreement inaform acceptable totheCity Attorney,with the Miami Dade County
Police Department,on behalf of the City of South Miami Police Department pursuant to Section
23.1225(3),Florida Statues.
Section 2.This resolution be effective immediately upon the adoption hereof.
PASSED AND ADOPTED this (S_J_day of V^JL^vul^,,2005
ATTEST:
CITY CLERK
READ AND APPROVED AS TO FORM:
L^&L*M
COMMISSION VOTE:
Mayor Russell
Vice Mayor Palmer:
Commissioner Wiscombe:
Commissioner Birts-Cooper:
Commissioner Sherar:
5-0
Yea
Yea
Yea
Yea
Yea
South Miami
AIHImateaCify
CITY OF SOUTH MIAMI
OFFICE OF THE CITY MANAGER
INTER-OFFICE MEMORANDUM 2001
TO:Honorable Mayor,Vice Mayor
andCity Commission
FROM:Maria V.Davis
City Manage
Date:February 15,2005
JLRe:Agenda Item #_
Comm.Mtg 02/15/2005
Mutual Aid Agreement
with the Miami Dade County
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
MIAMI DADE COUNTY 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;AND PROVIDE FOR AN EFFECTIVE
DATE.
BACKGROUND AND ANALYSIS
TheFloridaState Statutes (Chapter 23)authorize the governing body of municipalities to
empower theChief Executive Officer ofthe municipality to enter into agreements for shared law
enforcement services inspecifictimes of need.
Asamatter of coursethis agreement shouldbe renewed everyfiveyears(recommendation of the
Florida Department of Law Enforcement,the agency statutorily charged withthe administration
of mutual aid within the state).
This agreement allowstheSouth Miami Police Department todrawupontheresourcesofthe
MiamiDadeCountyPoliceDepartmentin furtherance of thelawenforcementmission,including
personnelandequipment,andprovidesfor reciprocity.
ThisMutualAidAgreementhasbeenreviewedandapprovedastoformbytheCityAttorney.
RECOMMENDATION
Your approval is recommended.
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JOINT DECLARATION BETWEEN THE DIRECTOR OF THE MIAMI-DADE POLICE
DEPARTMENT AND THE CHIEF OF THE CITY OF SOUTH MIAMI POIJCE
DEPARTMENT PURSUANT TO MUTUAL AID AGREEMENT
A deputy sheriff or police officer of either of the participating law enforcement
agencies shall be considered to be operating under the provisions ofthe mutual aid agreement
when:
•participating in law enforcement activities that are preplanned and approved by each
respective agencyhead,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 Soulh Miami and Miami-Dade County,Florida,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 from 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 trials,political conventions,labor disputes,and strikes.
3.Any natural disaster.
4.Incidents which require rescue operations and crowd and traffic control measures
including,but not limited to,large-scale evacuations,aircraft and shipping disasters,
fires,explosions,gas line leaks,radiological incidents,train wrecks and derailments,
chemical orhazardous waste spills,and electrical power failures.
5.Terrorist activities including,but not limited to,acts of sabotage.
6.Escapes from or disturbances within detention fecilities.
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.
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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 ofmutual need.
The following procedures will apply inmutual aid operations:
1.Mutual aid requested or rendered will be approved by the Director/Chief of Police or
designee.
2.Specific reporting instructions for personnel rendering mutual aid should be included
in the request for mutual aid.In the absence of such instructions,personnel will report
tothe ranking on-duty supervisor onthe scene.
3.Communications instructions will be included in each request for mutual aid and the
Miami-Dade Police Department Communications Bureau will maintain radio contact
with the involved agencies until the mutual aid situation has ended.
4.Incidents requiring mass processing ofarrestees,transporting prisoners,and operating
temporary detention facilities will be handled per established procedures.
ConcurrentJurisdiction:
It isto the mutual benefit of the City of South Miami Police Department and the
Miami-Dade Police Department,through voluntary cooperation,to exercise concurrent
jurisdiction over the areas described in subparagraphs (a)and (b)below,in that officers,while
in another jurisdiction,are often present at events where immediate action is necessary,or are
able to expeditiously conclude an investigation by identifying and arresting an offender.
a)Concurrent law enforcement jurisdiction in and throughout the territo
rial limits of participating municipalities and Miami-Dade County,
Florida,excluding those areas within the territorial limits of munici
palities not participating in this Joint Declaration and areas in which the
Miami-Dade Police Department does not have law enforcement juris
diction,for arrests,made pursuant to the laws of arrest,for felonies and
misdemeanors,including arrestable traffic offenses,which spontane
ously take place in the presence ofthe arresting officer,at such times as
the arresting officer is traveling from place to place on official business
outside of his or her jurisdiction,for example,toor from court,orat
any time when the officer is within the territorial limits of his or her
jurisdiction,and provided that,in the context of this Joint Declaration,
"official business outside of his or her jurisdiction"shall not include
routine patrol activities,preplanned operations,or undercover
investigations.
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b)Concurrent law enforcement jurisdiction in and throughout the territorial
limits of participating municipalities and Miami-Dade County,Florida,
excluding those areas within the territorial limits of municipalities not
participating in this Joint Declaration and areas in which the
Miami-Dade Police Department does not have law enforcement
jurisdiction,for arrests,made pursuant to the laws of arrest,of persons
identified as a result of investigations of any offense constituting a
felony or any act of Domestic Violence as defined in Section 741.28,
Florida Statutes,when such offense occurred inthe municipality
employing the arresting officer,should the arresting officer be a
municipal law enforcement officer.However,absent a search warrant,
concurrent jurisdiction under this subparagraph does not include
authority to make nonconsensual or forcible entries into private
dwellings,residences,living spaces or business spaces which are not
open to the public,i.e.,authority derived pursuant to this subparagraph
may be exercised only when in places open to the public or private
places into which the arresting officer has entered with the consent of
an occupant entitled to give consent.When operating under mutual aid,
municipal law enforcement officers may execute search warrants for
offenses which occurred in the municipality.Municipal officers may
execute the search warrant,impound all property,make arrests and file
the Return and Inventory.
Prior to any officer taking enforcement action pursuant to either paragraph (a)or (b)
above,the officer shall notify the designated officer ofthe jurisdiction in which the action will
be taken,unless exigent circumstances prevent such prior notification,in which case
notification shall be made as soon after the action as practicable.Furthermore,all arrests
made pursuant to subparagraph (a)above shall be processed and coded pursuant to directions
of the Clerk of the Court,in such manner as to insure that any revenues or surcharges
generated as aresult of said arrests shall be directed to the jurisdiction in.which the arrest was
made.
Pursuant to this Joint Declaration,the City of South Miami Police Department shall,
before exercising concurrent jurisdiction,adopt as part of its agency's Standard Operatmg
Procedures,the following Standard Operating Procedure For Concurrent Law Enforcement
Jurisdiction:
STANDARD OPERATING PROCEDURE FOR
CONCURRENT 1AW ENFORr^MENT JURISDICTION
I PURPOSE:
To provide specific guidelines for the use of concurrent law enforcement jurisdiction.
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E.POLICY:
It shall be the policy ofthe City ofSouth Miami Pohce Department that law enforcement
officers may make arrests for felonies,misdemeanors and arrestable traffic offenses in
unincorporated Miami-Dade County and within any municipality which participates mtins
Mutual Aid Agreement when the offense takes place in the officers'presence while
officers are within their jurisdictions or while they are traveling from place to place on
official business outside his or her jurisdiction,i.e.,to or from court,or as aresult of an
investigation of any offense constituting a felony or act of Domestic Violence as defined
in section 741.28,Florida Statutes,when the offense took place within the jurisdiction of
the investigating officer.However,absent asearch warrant,concurrent jurisdiction does
not include authority to make forcible entries into private residences or businesses which
are not opento the public,i.e.,authority may only be exercised in places which are open to
the public or with the consent of an occupant entitled to give consent.When operating
under mutual aid,municipal law enforcement officers may execute search warrants for
offenses which occurred in the municipality.Municipal officers may execute the search
warrant,impound all property,make arrests and file the Return and Inventory.
A.GeneralRequirements:
1.Prior to taking any enforcement action,the officer shall notify the designated
officer ofthe jurisdiction in which the action will be taken,unless exigent circum
stances prevent such prior notification,in which case notification shall be made as
soonaftertheactionaspossible.
2.All arrests made pursuant to this Mutual Aid Agreement shall be coded and
processed in such manner as to ensure that any revenues or surcharges generated
shall bedirected to the jurisdiction inwhich the arrest was made.
3.Officers shall not utilize unmarked vehicles to make traffic stops orto engage
in vehicle pursuits.
4 Concurrent law enforcement jurisdiction pursuant to this Mutual Aid Agree
ment does not include preplanned operations,undercover investigations,stings,or
sweeps.
5.Officers shall not conduct routine patrol activities outside oftheir jurisdiction.
6 Reports of any action taken pursuant to this Mutual Aid Agreement shall be
fexed to the agency head of the agency within whose jurisdiction the action was
taken as soon as possible after the action has taken place.
7 Any conflicts regarding jurisdiction will be resolved by allowing the agency
within whose jurisdiction the action took place to take custody of any arrestees
and/or crime scenes.
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8 All concurrent jurisdiction stationary surveillance activities tshaU require notifi
cation of the agency within whose jurisdiction the surveillance takes place.The
notification shall include the general location ofthe surveillance and a description
of the vehicles involved.Mobile surveillance shall not require notification unless
concurrent jurisdiction enforcement activities take place.
Orlando Martinez,Chief Date
City of South Miami Police Department
Robert Parker,Director Date
Miami-Dade Police Department
Harvey Ruvin Date
County Clerk
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MUTUAL AID AGREEMENT
Between Miami-Dade Countyand Participating
MunicipalPoliceDepartments
Whereas,it.is the responsibility ofthe governments of Miami-Dade County,
Florida,and the participating Miami-Dade County municipalities to ensure the pubhc
safety of their citizens by providing adequate levels of police services to address any
foreseeable routineoremergency situation;and
Whereas,because of 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
Miami-Dade Police Department or the participating municipal police departments;and
Whereas,in order to ensure that preparation of these law enforcement agencies
will be adequate to address any and all ofthese conditions,to protect the public peace and
safety,and to preserve the lives and property ofthe people of the County of Miami-Dade
and the participating Miami-Dade County municipalities;and
Whereas,Miami-Dade County and the participating Miami-Dade County
municipalities have the authority under Chapter 23,Florida Statutes,Florida Mutual Aid
Act,to enter intoamutual aid agreement;
NOW,THEREFORE,BE IT KNOWN that Miami-Dade County,a political
subdivision of the State of Florida,and the undersigned representatives,in consideration
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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.Shorttitle:Mutual Aid Agreement
2.Description:Since this Mutual Aid Agreement provides for the requesting and
rendering ofassistance 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
described in Chapter 23,Florida Statutes.
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 political subdivisions and shall thereafter
become part of this Agreement.Said declaration may be amended or
supplemented at any time by the agency heads by filing subsequent
declarations with the clerks of the respective political subdivisions.
b.Agency or participating law enforcement agency:Either the Miami-Dade
Police Department or the participating municipal police department.
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c.Agency head:Either the Director of the Miami-Dade Pohce Department,or
the Director's designees;and theChief of Police of the participating
municipal police department,orthe Chiefs designees.
d.Participating municipal police department:The police department of any
municipality in Miami-Dade County,Florida,thathas approved and
executedthisAgreementuponthe approval of thegoverningbody of that
municipality.
e.Certified law enforcement employee:Any law enforcement employee
certifiedasprovidedinChapter943,FloridaStatutes.
4.Operations:
a.Inthe event thatapartytothis Agreement is in need of assistanceas
specified inthe applicable joint declaration,an authorized representative of
the police department requiring assistance shall notifythe agency from
whom such assistance is requested.The authorized agency representative
whose assistance is sought shall evaluate the situation and his available
resources,andwill respond inamannerdeemed appropriate.
b.Each party tothis Agreement agrees to furnish necessary manpower,
equipment,facilities,andotherresourcesand to render services to the other
partyasrequiredtoassisttherequestingpartyinaddressingthesituation
which caused the request;provided,however,thatno party shall be required
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to deplete unreasonably its own manpower,equipment,facilities;and other
resources andservicesinrenderingsuchassistance.
c.The agency heads ofthe participating law enforcement agencies,or their
designees,shall establish procedures for giving control of the mission
definitiontothe requesting agency,andforgivingtacticalcontrolover
accomplishing any such assigned mission and supervisory control over all
personnel or equipment provided pursuant to this Agreement to the
providingagency.
5.Powers,Privileges,Immunities,andCosts:
a.All employees of the participating municipal police department,including
certifiedlaw enforcement employeesasdefinedin Chapter 943,Florida
Statutes,during such time that said employees are actually providing aid
outside ofthe jurisdictional limits of theemployingmunicipality pursuant to
a request for aid made in accordance withthis 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 political subdivision inwhichthey are normally employed.
b.The political subdivision having financial responsibility for the law
enforcement agency providing services,personnel,equipment,or facilities
pursuant tothe provisions ofthis Agreement shall bear anylossor damage to
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sameandshallpayanyandall expenses incurred in the maintenance and
operation of same.
c.Hie political subdivision havingfinancial responsibility for the law
enforcementagencyprovidingaidpursuanttothis Agreement shall
compensateall of itsemployeesrenderingaidpursuanttothis Agreement
during the time ofthe rendering of such aidandshall defray the actual travel
andmaintenanceexpenses of such employees while they arerenderingsuch
aid.Such compensation shall include any amounts paidorduefor
compensationdueto personal injuryordeathwhilesuch employees are
engagedinrenderingsuchaid.Such compensation shallalso include all
benefits normally duesuch employees.
d.All exemption fromordinanceandrules,andall pension,insurance,relief,
disability,workers'compensation,salary,death,andother benefits which
applytotheactivity of suchofficers,agents,or employees of anysuch
agency when performingtheirrespectivefunctions within the territorial
limits of their respective agenciesshallapplyto them to the same degree,
manner,and extent while engagedinthe performance of their functions and
dutiesextraterritoriallyundertheprovisions ofthis Mutual Aid Agreement
Theprovisions of this Agreement shallapply with equal effect topaidand
auxiliary employees.
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6.Indemnification:The political subdivision having financial responsibility for the
law enforcement agency providing aid pursuant tothis Agreement agrees tohold
harmless,defend,andindemnifythe requesting law enforcement agencyandits
political subdivision inany suit,action,or claim for damages resulting from any
andallactsor conduct of employees of said providing agencywhile providing
aid pursuant tothis Agreement,subject to Chapter 768,Florida Statutes,where
applicable.
7.Forfeitures:Itis recognized that during the course of the operation of this
Agreement;property subject toforfeiture under the FloridaContraband
Forfeiture Act,Florida Statutes,maybe seized.The property shall be seized,
forfeited,and equitably distributed among the participating agencies in
proportion tothe amount of investigation and participation performed by each
agency.Thisshalloccur pursuant totheprovisions of theFlorida Contraband
Forfeiture Act.
8.Conflicts:Any conflictsbetweenthisAgreementandthe Florida Mutual Aid Act
will becontrolledbytheprovisions of thelatter,whenever conditions exist that
are within the definitions stated in Chapter 23,Florida Statutes.
9.EffectiveDateand Duration:ThisAgreementshallbein effect fromdate of
signing,through and including,January 1,2010.Under no circumstances may
this Agreement be renewed,amended,or extended exceptin writing.
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10.Cancellation:ThisAgreementmaybe cancelled byeitherpartyuponsixty(60)
days written noticetotheotherparty.Cancellation will beat the discretion of
the chiefexecutiveofficers ofthepartieshereto.
AGREED TO AND ACKNOWLEDGEDthisday of ,200
City Manager
City of South Miami,Florida
ATTEST:
CityClerk
City of South Miami,Florida
County Manager
Miami-Dade County,Florida
ATTEST:
County Clerk
Miami-Dade County,Florida
APPROVED AS TO FORM AND LEGAL APPROVED AS TO FORM AND LEGAL
SUFFICIENCY:SUFFICIENCY:
!/^t4_^
Attorney
of South Miami,Florida
County Attorney
Miami-Dade County,Florida