Res. No. 073-05-12052RESOLUTION NO.
73-05-12052
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 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 STATUTES;PROVIDING FOR EFFECTIVE DATE.
WHEREAS,Florida Statutes Chapter 23.the Florida Mutual AidAct.requires the
authorization bythe governing body of the municipality before a Mutual Aid Agreement may be
enteredintobythe Mayor or Chief Executive Officer of the municipality on behalf of thelaw
enforcement agency;and
WHEREAS,thereisthe existing and continuing possibility of the occurrence of law
enforcement problems and other naturaland man-made conditions which areorlikelytobe
beyond the capabilities of theCity of South Miami Police Department alone with its existing
level of services,personnel,equipment or facilities;and
WHEREAS,to meet the department's ongoing responsibility to ensure the public's safety
and provide adequate levels of police services,preparation must be made to obtain assistance
whenever necessary.
NOW,THEREFORE.BE IT RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAMI,FLORIDA:
Section 1.That the City Manager of theCity of South Miami is authorized to enter intoa
Mutual Aid Agreement inaform acceptable tothe City Attorney,with the Miami Beach Police
Department,on behalf of the City of South Miami Police Department pursuant to Section
23.1225(3).Florida Statues.
Section 2.That this resolution be effective immediately after the adoption hereof.
PASSEDANDADOPTEDthis 7th day of June ,2005
ATTEST:APPROVED:
READ AND APPROVED AS TO FORM:
[ty^p^rney
out
COMMISSION VOTE:
Mayor Russell
Vice Mayor Palmer:
Commissioner Wiscombe:
Commissioner Birts-Cooper:
Commissioner Sherar:
4-0
of room
Yea
Yea
Yea
Yea
t
CITY OF SOUTH MIAMI
Inter-office Memorandum
TO:Honorable Mayor,Vice Mayor
&City Commission
DATE:June 7,2005
FROM:Maria V.Davis
City Manager
AGENDA ITEM No.
RE:Comm.Mtg.06/07/2005
MUTUAL AID AGREEMENT
WITH THE CITY OF MIAMI
BEACH POLICE DEPARTMENT
6
South Miami
All-America Cffy
W
2001
RESOLUTION
A RESOLUTION OF THE MAYOR AND 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 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 FOR EFFECTIVE DATE.
BACKGROUND AND ANALYSIS
FloridaStateStatutes (Chapter 23)authorizethegoverningbodies 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.The Florida Department of Law Enforcement,the
agency statutorily charged with the administration of mutual aid within the state,recommends as
a matter of course that these agreements shouldberenewedeveryfiveyears.
This agreement allows the Police Department to draw upon a greater range of resources in
furtherance of thelaw enforcement mission,including personnel and equipment,aswellas
providing for reciprocity.
ThisMutualAidAgreementhasbeenreviewedandapprovedastoformbytheCityAttorney.
RECOMMENDATION
Your approval is recommended.
MUTUAL AID AGREEMENT
Between the Miami Beach Police Department
and the City of South Miami Police Department
WHEREAS,it isthe responsibility ofthe governments ofthe City of Miami
Beach,Florida,andthe City of South Miami,Florida,toensurethe public safety
of their citizens by providing adequate levels of police services toaddress any
foreseeable routineor emergency situation;and
WHEREAS,becauseofthe existing and continuing possibility ofthe
occurrence oflaw enforcement problems and other natural and manmade
conditions which are,orare likely tobe,beyond the control ofthe services,
personnel,equipment or facilities ofthe participating municipal police
departments;and
WHEREAS,inorderto ensure the preparation of these law enforcement
agencies will beadequatetoaddressanyand all ofthese conditions,to protect
the public peaceand safety,and to preserve the lives and property ofthe people
oftheparticipatingDadeCountymunicipalities;and
WHEREAS,the participating Dade County municipalities havethe
authority under Chapter 23,Florida Statutes,Florida Mutual Aid Act,to enter into
a Mutual Aid Agreement.
NOW,THEREFORE,BE IT KNOWN,thatthe City of Miami Beach and
the City of South Miami,subdivisionsofthe State of Florida,andthe
undersignedrepresentatives,in considerationofmutualpromisestorender
valuable aid in times of necessity,do hereby agreeto fully and faithfully abide by
and be bound by the following terms and conditions:
1.Short title:Mutual Aid Agreement
2.Description:Since the Mutual Aid Agreement provides for the requesting
and rendering of assistance forboth routine and intensive law
enforcement situations,this Mutual Aid Agreement combines the elements
of both a voluntary cooperation agreement anda requested operational
assistance agreement as described in Chapter 23Florida Statutes.
3.Definitions:
A.Joint declaration:A document which enumerates the various
conditions or situations whereaidmayberequestedorrendered
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 ofthe respective
political subdivisions and shall thereafter become part ofthis
Agreement.Saiddeclarationmaybe amended or supplemented
at any timeby the agency heads by filing subsequent declarations
with the clerks of the respective political subdivisions.
B.Agency or participating law enforcement agency:Eitherthe
City of Miami BeachPoliceDepartmentortheCityofSouth Miami
Police Department.
C.Agency Head:EithertheChiefoftheCityof Miami Beach Police
Department,or the Chiefs designees,and the Chief of Police of the
City ofSouth Miami PoliceDepartment,orthe Chiefs designees.
D.Participating municipal police department:The police
department ofany municipality in Dade County,Florida,that has
approved and executed this Agreement upon the approval of the
governing body of the municipality.
E.Certified law enforcement employees:Anylaw enforcement
employee certified as provided in Chapter 943,Florida Statutes.
4.Operations:
A.In the event that apartytothis Agreement isin need of assistance,
as specified in the applicable Joint Declaration,an authorized
representative ofthepolice department requiring assistance shall
notify the agency fromwhich such assistance is requested.The
authorized agency representative whose assistance is sought shall
evaluate thesituationandhisavailable resources,and will respond
ina manner deemed appropriate.
B.EachpartytothisAgreement agrees tofurnish necessary man
power,equipment,facilities,and other resources and to render
servicestotheotherpartyas required to assist therequestingparty
in addressing thesituationwhich caused the request;provided,
however,thatno party shallbe required todeplete,unreasonably,
itsown manpower,equipment,facilities,and other resources and
services in rendering such assistance.
C.Theagencyheadsofthe participating law enforcementagencies,
ortheir designees,shallestablish procedures for giving controlof
themission definition totherequestingagency,andfor giving
tacticalcontrolover accomplishing anysuch assigned missionand
supervisory control over all personnelorequipment provided
pursuant tothis Agreement tothe providing agency.
Powers,Privileges,Immunities,and Costs:
A.All employees oftheparticipatingmunicipalpolice department,
certifiedlaw enforcement employees as defined in Chapter 943,
Florida Statutes,during suchtimethatsaid employees areactually
providingaid outside ofthejurisdictionallimitsoftheemploying
municipality pursuant toa request foraid made in accordance with
this Agreement,shall pursuant totheprovisionsof Chapter 23,
Florida Statutes,havethe same powers,duties,rights,privileges,
and immunities as if they were performing their duties in the
political subdivisioninwhichthey are regularly employed.
B.Thepoliticalsubdivisionhavingfinancialresponsibilityforthelaw
enforcement agency providing the services,personnel,equipment,
orfacilities pursuant to the provisionsofthis Agreement shall bear
any loss or damage to same andshall pay anyand all expenses
incurred in the maintenance and operation of same.
C.Thepoliticalsubdivisionhavingfinancialresponsibilityforthelaw
enforcement agency providingaid pursuant tothis Agreement shall
compensate allofits employees rendering aid pursuant tothis
Agreement,during the time of rendering of such aid,and shall
defray the actual travel and maintenance expenses of such
employees while they arerendering such aid.Such compensation
shall include any amounts paidor due for compensation due to
personal injuryor death while such employees are engaged in
rendering such aid.Such compensation shall also includeall
benefits normally due such employees.
D.All exemptions from ordinances and rules,and all pension,
insurance,relief,disability,workers compensation,salary,death,
and other benefits whichapplyto the activityof such officers,
agents,or employees of any such agency,when performing their
respective functions within theterritoriallimitsoftheir respective
agencies,shall applytothemto the same degree,manner,and
extent while engaged in the performance of their functions and
duties extraterritorial under the provisions of this MutualAid
Agreement.Theprovisionofthis Agreement shallapply with equal
effect to paid and auxiliary employees.
Indemnification:The political subdivision having financial responsibility
forthelaw enforcement agency providing aid pursuant tothisAgreement
agrees tohold harmless,defend,and indemnify the requestinglaw
enforcement agency andits political subdivision inanysuit,actionorclaim
for damages resulting from anyand all actsorconductofemployeesof
8.
10.
said providing agency while providing aid pursuant tothisAgreement,
subject to Chapter 768,Florida Statutes,where applicable.
Forfeitures:Itis recognized that during the course of the operation of the
Agreement,property subject to forfeiture under the Florida Contraband
Forfeiture Act,Florida Statutes,maybeseized.Thepropertyshallbe
seized,forfeited,andequitablydistributedamongthe participating
agencies in proportion totheamountofinvestigationandparticipation
performedby each agency.Thisshalloccur pursuant to the provisionsof
the Florida Contraband Forfeiture Act.
Conflicts:Anyconflict between this Agreement and the FloridaMutual
AidAct will be controlled by the provisions of the latter,whenever
conditions existthat are within the definitions stated in Chapter 23,Florida
Statutes.
Effective Date and Duration:This Agreement shall be in effect from
date ofsigning,throughandincluding January 1,2010,and under no
circumstances may this Agreement be renewed,amended or extended
except inwriting.
Cancellation:This Agreement maybe canceled by either partyupon
sixty (60)days written notice to the other party.Cancellation will be at the
discretion of the chief executive officers of the parties hereto.
AGREED AND ACKNOWLEDGED this _27thday of July ^r-2005.
J^RGEM.GONZALEZ
City Manager
CityofMiami Beach,FL
^5 ^Mayjbr
Cityof South Miami,FL
ATTEST:
?/(iu<l ?ai(lu^
Robert Parcher
CITY CLERK
CityofMiami Beach,FL
APPROVED AS TO FORM AND
LANGUAGE AND FOR EXECUTION:
Murray H.DubbinMurray^^^^
City Attorney £VJ
CityofMiami Beach,FL
ATTEST:
(t^Cl^jh/Qyj^^-rJ&T.
CITY CLERK
Cityof South Miami,FL
City Attorney
Cityof South Miami,FL
JOINT DECLARATION OF THE CHIEF OF THE CITY OF SOUTH MIAMI
POLICE DEPARTMENT AND THE CHIEF OF THE CITY OF MIAMI BEACH
POLICE DEPARTMENT PURSUANT TO MUTUAL AID AGREEMENT
A police officerof either of the participating law enforcement agencies shall be
considered to be operating under the provisions of the MutualAid Agreement
when:
•participating inlaw enforcement activities that are preplanned and
approved by each respective agency head,or
•appropriately dispatched in response toa request for assistance
from the other law enforcement agency.
In compliance with,and under the authorityof,theMutualAid Agreement,hereto
entered intoby the Cityof South Miami,Florida,and the CityofMiami Beach,
Florida,itis hereby declared that the following list comprises the circumstances
and conditions under whichmutualaid may be requested and rendered
regardingpolice operations pursuant tothe Agreement.Said listmaybe
amended or supplemented fromtimetotime,as needs dictate by subsequent
declarations.
1.Joint multi-jurisdictional criminal investigations.
2.Civil affrayor 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 notlimitedto,large-scale evacuations,aircraft
andshipping disasters,fires,explosions,gas line leaks,radiological
incidents,train wrecks and derailments,chemical or hazardous waste
spills,and electrical power failures.
5.Terroristactivitiesincluding,butnot limited to,acts of sabotage.
6.Escapes from or disturbances within detention facilities.
7.Hostage and barricaded subject situations,andaircraftpiracy.
8.Control ofmajorcrime scenes,area searches,perimeter control,backups
to emergency and in-progress calls,pursuits,and missing persons 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 fordignitaries.
13.Emergency situationsinwhich one agency cannot performits functional
objective.
14.Incidents requiring utilization of specialized units;e.g.,underwater
recovery,canine,motorcycle,crime scene,marine patrol enforcement or
investigation,and police information.
15.Joint training inareasofmutual need toinclude,butnot limited to,
firearms training and qualification;field force;SWAT;ATV;motorcycles;
and marine patrol.
16.Participating in exigent situations withouta formal request which are
spontaneous occurrencessuchasarea searches for wantedsubjects,
perimeters,crimes in progress,escaped prisoners;traffic stopsnear
municipal boundaries,request for assistance and nolocalunitis available
ornearby,callsortransmissions indicating anofficeris injured,calls
indicating a crime of incident has occurred in which a citizen may likely be
injuredand the assisting municipality is closer to the areathantheofficer
receiving the call.
17.Mutual enforcement of all existingapplicablelawsandordinancesand
exerciseofarrest powers within thearea comprising the jurisdictional
waters within respective municipal boundaries.
DATE:3.7 Juli]SooT
DONv
Chief of Police fY
Miami BeachPolice Department
Miami Beach,Florida
ATTEST:
\4am&
Robert Parcher
CITY CLERK
City of Miami Beach,FL
lief of Police
South Miami PoliceDepartment
City of South Miami,Florida
ATTEST:
~y
—*JX^T-fc-s^
CITY CLERK
City of South Miami,Florida