Res. No. 096-05-12075RESOLUTION NO.Qfi-nR-i?07R
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
FLORIDA DEPARTMENT OF LAW ENFORCEMENT (FDLE)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,FloridaStatutesChapter23,theFloridaMutualAidAct,requiresthe
authorization bythegoverningbodyofthe municipality beforea Mutual AidAgreementmaybe
entered intobytheMayororChief Executive Officer ofthe municipality onbehalfofthelaw
enforcement agency;and
WHEREAS,thereistheexistingandcontinuingpossibility of the occurrence of law
enforcementproblemsandothernaturalandman-madeconditionswhichareorlikelytobe
beyond thecapabilitiesoftheCityofSouth Miami Police Department alonewithitsexisting
level of services,personnel,equipment or facilities;and
WHEREAS,tomeetthe department's ongoing responsibility to ensure the public's safety
andprovideadequatelevels of policeservices,preparationmustbemadetoobtain assistance
whenever necessary.
NOW,THEREFORE,BE IT RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAMI,FLORIDA:
Section 1.That theCity Manager of theCity of SouthMiamiis authorized to enter intoa
MutualAid Agreement inaform acceptable totheCity Attorney,withthe Florida Department of
Law Enforcement (FDLE).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.
PASSED AND ADOPTED this ^/^day of Or^-y^2005
ATTEST:
^GVtY CLERK ^T
READ AND APPROVED AS TO FORM:
^PTTATTORNEY
APPROVED:
X^x^>^
COMMISSION VOTE:5-0
Mayor Russell Yea
Vice Mayor Palmer:Yea
Commissioner Wiscombe:Yea
Commissioner Birts-Cooper:Yea
Commissioner Sherar:Yea
CITY OF SOUTH MIAMI
Inter-office Memorandum
TO:Honorable Mayor,Vice Mayor
&City Commission
FROM:Maria V.Davis
City Manager
DATE:July£4 2005
ZAGENDAITEMNo..
RE:Comm.Mtg.07/1972005
Mutual Aid Agreement
With The Florida Department Of
Law Enforcement (FDLE)
South Miami
fasted
All-AmerteaCity
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 FLORIDA DEPARTMENT OF LAW
ENFORCEMENT (FDLE)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
Florida State Statutes (Chapter 23)authorizethe governing bodies 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 withtheadministration of mutual aidwithinthestate,recommends as
a matter of course that these agreements shouldbe renewed every fiveyears.
This agreement allows thePoliceDepartmentto draw upon a greater range of resources in
furtherance of thelawenforcementmission,including personnel andequipment,aswellas
providing for reciprocity.
ThisMutualAidAgreementhasbeen reviewed andapprovedastoformbytheCityAttorney.
RECOMMENDATION
Your approval is recommended.
MUTUAL AID AGREEMENT BETWEEN THE MEMBER
AGENCIES OF THE CHILD ABDUCTION RESPONSE TEAM
AND THE FLORIDA DEPARTMENT OF LAW ENFORCEMENT
WHEREAS,the below subscribed law enforcement agencies have joined
together ina multi-jurisdictional effort to rescue abducted children and under
circumstances allocate their resources to missing/endangered children cases;
and
WHEREAS,the undersigned agencies are all participants ina multi-agency effort
known collectively as the Children Abduction Response Team (CART).
WHEREAS,the undersigned agencies agree toutilize applicable state and
federal lawsto prosecute criminal,civil,and forfeiture actions against identified
violators,as appropriate;and
WHEREAS,the undersigned agencies have the authority under Part 1,Chapter
23,Florida Statutes,"theFloridaMutualAidAct,"to enter intoa voluntary
agreement for cooperation and assistance ofa routine law enforcement nature
that crosses jurisdictional lines;
WHEREAS,this agreement does not supercede or take the place of any other
agreement entered intoby the various members of the Children Abduction
Response Team.Those agreements shall remain infull effect.
NOW THEREFORE,the parties agree as follows:
Pursuant to signing this Agreement,each of the undersigned law enforcement
agencies approve,authorized and enter intothis Agreement at the request of the
member agencies ofthe Child Abduction Response Team (CART)and the
Florida Department ofLaw Enforcement,(FDLE)to implement within the
jurisdictional andother limits as notedhereinforthe purposes and goals
indicated.
Parties To This Agreement:
The Florida Department ofLaw Enforcement (FDLE)
Additional parties may,at the request andwith the approval ofFDLEand the
other Child Abduction Response Teammembers,enter intothis Agreement ata
later date asevidencebytheirsigningofthisAgreement.Anypartymaycancel
itsparticipationinthis Agreement upondeliveryofwrittennoticeof cancellation
to the Florida Department ofLaw Enforcement.
CHILD ABDUCTION RESPONSE TEAM GOALS AND COOPERATION TO
BE RENDERED:
Thegoal of the Child Abduction Response Team isto effect dedicated and intensive
investigative,preventative,andgenerallawenforcementeffortsprimarilywithregardto
abductedchildren.TheChildAbductionResponseTeameffortsshallinclude,butarenot
limitedto,therescue of theabductedchild;thearrestand prosecution of those involved
(utilizingstateandfederalprosecutions,asappropriate);andtheseizureandforfeiture
options,as appropriate.
Nothing herein shallotherwiselimittheability of participating Child Abduction
Response Team member to provide,as provided byor allowed bylaw,such assistance in
anyenforcementactionasmaybelawfullyrequestedbyalawenforcementactionasmay
belawfullyrequestedbyalawenforcementofficerhaving jurisdiction overanincident,
crime or matter under consideration.
ThepartiestothisAgreementare contributing personnelandresourcesinsupport of the
Child Abduction ResponseTeamefforts,withtheoperations of theChild Abduction
Response Team being coordinated withFDLEandotheragencymembers.
06/17/2005 01:06 7863361017 PAGE 02/08
MUTUAL AID AGREEMENT BETWEEN THE MEMBER
AGENCIES OF THE CHILD ABDUCTION RESPONSE TEAM^™n.ORTO ADEPARTMENT OF LAW ENFORCEMENT
WHEREAS,the below subscribed law enforcement agencies have joined together in a multi-juMfc*^effort to rescue abducted children and under circumstances allocate their resources
to missing/endangered children cases;and
WHEREAS,the undersigned agencies axe all participants in a multi-agency effort known
collectively as the Children Abduction Response Team.
WHEREAS,the undersigned agencies agree to utilize applicable state and federal laws to
prosecute criminal,civil,and forfeiture actions against identified violators,as appropriate;and
WHEREAS,the undersigned agencies have the authority under Part 1,Chapter 23,Florida
Statutes,"the Florida Mutual Aid Act,"to enter into a voluntary agreement for cooperation and
assistance ofa routine law enforcement nature that crosses jurisdictional lines;and
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 continuing,multi-jurisdictional
criminal activity,so as to protect the public peace and safety,and preserve the lives and property
ofthe citizens;and
WHEREAS,this agreement does not supercede or take the place of any other agreement entered
into by the various members of the Children Abduction Response Team Those agreements
shall remain in full effect
NOW THEREFORE,thepartiesagreeas follows:
Pursuant to signing this Agreement,each ofthe undersigned law enforcement agencies approve,
authorize and enter into this Agreement at the request of the memberagencies of the Child
Abduction Response Team and the Florida Department of Law Enforcement (FDLE)to
implement within the jurisdictional and other limits as noted herein forthe purposes and goals
indicated.
Parties To This Agreement:
TheFloridaDepartmentofLaw Enforcement (FDLE)-Miami
Miami Dade Police Department
Broward County Sheriffs Office
Palm Beach County Sheriffs Office
Monroe County Sheriffs Office
Miami Police Department
06/17/2005 01:06 7863361017 PAGE 03/08
Aventura Police Department
HallandaleBeachPoliceDepartment
Davie Police Department
Margate Police Department
Plantation Police Department
Hollywood Police Department
Coral Springs Police Department
Pembroke PinesPolice Department
Lighthouse Point Police Department
CoconutCreekPoliceDepartment
PalmBeachGardensPoliceDepartment
Boca Raton Police Department
Boynton Beach Police Department
Lantana Police Department
JupiterPoliceDepartment
Lake Worth Police Department
Fort Lauderdale Police Department
Additional parties may,at the request and with the approval of FDLE and the other Child
Abduction Response Team members,enter in this Agreement at a later date as evidenced by their
signing of the Agreement Any party may cancel its participation in the Agreement upon delivery
of written notice of cancellation tothe Florida Department ofLaw Enforcement.
CHILD ABDUCTION RESPONSE TEAM GOALS AND COOPERATION TOBE
RENDERED:
The primary goal of the Child Abduction Response Team is to provide a pool of specialized
investigators which are available to focus dedicated and intensive investigative,preventative,and
general law enforcement efforts primarily with regard to cases involving abducted children.To
provide for voluntary cooperation,each of the Child Abduction Response Team agencies hereby
approve and enter into this agreement whereby each of the agencies may request and render law
enforcement assistance to Child Abduction Response Team member agencies,or other,in
dealing with any violations of law including,but no limited to,the investigation,arrest and
prosecution of those involved in criminal child kidnapping,abduction,false imprisonment and
similar or related violations (utilizing state and federal lawand prosecutions,as appropriate),the
rescue ofthe abductedchildorchildrenandtheseizureandforfeiture of assets of thoseengaged
nchild abduction orotherwise supporting such activity (utilizingstateand federal forfeiture
options,asappropriate).
Nothing herein shall otherwise limit the ability of participating Child Abduction Response Team
members to provide,as provided byor allowed by law,such assistance inany enforcement action
asmaybe lawfully requested byalaw enforcement officer having jurisdiction overan incident,
crime or matter under consideration.
The parties to this Agreement are contributing personneland resources in support of the Child
Abduction Response Team efforts,withtheoperations of the Child Abduction ResponseTeam
beingcoordinatedwithFDLEandotheragencymembers.
06/17/2005 01:06 7863361817 PAGE 04/08
JURISDICTION,PROCEDURES FOR REQUESTING ASSISTANCE,COMMAND ANDJURI5DlCUun,r SUFERVISORY RESPONSIBILITY:
Jurisdiction.-The principal site of the Sou*Florida CART coding Palm Beach Brow*iSIS.a^MVoroe County activity shall be in Miami-Dade Conner,Honda.Wta«Z^ta CWW Abduction Response Team operations that have been aPP™^**eJlondaS^Enforced as contemplated by *f/greeny.»M AJtetion
Response Team members that do not otherwise have nmsdietional authority shall emoyWlStion^uthority anywhere in the State of Florida,although principally focused within theSwhhloTp^TenforU Florida laws and avail themselves of the protons of tinsA^leT Office*assigned to Child Abduction Response Team operations pursuant to thisSe^sludrb^poweW to render enforcement assistance and take enforcement acton mSI"the law and the terms of this Agreement Execution of th,s '^entand
continued participation by FDLE and one or more Child ^^"^^J^^agencies shall constitute a general reciprocal,continuing request for and granting <«•""*"*tetween rhTmembers of the Team that shall be considered authorized maccordance with theSnTo/STSement No additional or specific formal request for assistance >s required.S AMuction R^nse Team members operating outside *e junction of ta.^specUvcAgenciesshallnotenjoyextra-jurisdictional authority as law enforcement officers urdess
engaged in approved Child Abduction Response Team activities as stated herem.Pursuant to
Section 23.127(1),Florida Statues,employees and agents of the undersigned Ag«maesparticipatingintheChfldAbductionResponseTeamshallwhenengagmgu,authorized mutual
cooperation and assistance pursuant to this Agreement,have the same powers,duties,rights,privileges and immunities as if the employees were performing duties inside the political
subdivision inwhich the employee is normally employed.
iw.sdnre for Reo™-^™d ArthorJTine Assistance:Activities shall be considered authorized
only when approved and directed as provided herein by an FDLE supervisor or command
desienee The CART wffl normally function as aforce multiplier for the requesting agency,and
the requesting agency will remain as the lead agency in overall control of the investigation,
unlesTthe requesting agency has formally asked that the CART,under FDLE supervision or
other FDLE approved supervision,assume control ofthe investigation.The parties stipulate that
in the event that a significant investigative or jurisdictional dispute should arise,the issue will
immediately be forwarded to the relevant agency chief executives for resolution.Ifat anytime an
FDLE supervisor or FDLE special agent designee^)determines that an extra-tcmtonal Child
Abduction Response Team operation pursuant to this agreement should be terminated,said
operation is to be promptly terminated in a manner assuring the safety of all involved law
enforcement officers.
No Child Abduction Response Team employee or agent shall engage in activities outside the
jurisdictional territory of the Child Abduction Response Team pursuant to the authority ofthis
Agreement that are not approved,are unreported or otherwise unknown to the FDLE supervisor
and which are not documented as provided herein.The FDLE supervisor(s)shall maintain
documentation thatwill demonstrate thedaily involvement of specific employees or agents
provided by die parties tothis Agreement,including eachoperation's supervisor or designated
leader.Such documentation will assist in memorializing which individuals had mutual aid
authoritypursuanttothisAgreementfor particular time periods.
06/17/2005 01:86 7863361017 PAGE 05/08
After consultation with other participating Child Abduction Response Team agencies,FDLE may
request that aparticular employee or agent ofthe Child Abduction Response Team no longer be
allowed to participate in furtherance of this provision of the Agreement.Upon receiving the
request,the employing agency shall promptly terminate said person's participation in the
activities contemplated by this provision ofthe Agreement Upon the request ofaparticipating
Agency mat a sworn or support member of the FDLE no longer participate in the Child
Abduction Response Team,FDLE shall,if otherwise in FDLE's best interest to do so,terminate
said member's participation in the Child Abduction Response Team.With the approval of
FDLE,a Party to this Agreement may otherwise add,substitute,reinstate,or replace any of its
sworn or support employees participating in the Child Abduction Response Team.
Whenever an operation occurs outside the territorial limits of the FDLE Miami Regional
Operations Center,the Assistant Special Agent in Charge for the FDLE office in the region
affected shall be notified about the presence of Child Abduction Response Team personnel in his
or her region.Local law enforcement in the area ofoperation will be notified,as appropriate.
Nothing herein shall otherwise limit the jurisdiction and powers normally possessed by an
employee as a member ofthe employee's Agency.
FORFEITURE ACTIONS ARISING FROM THIS AGREEMENT:
Forfeiture actions based upon seizures made by the Child Abduction Response Team may be
pursued in either state or federal actions.Actions shall be based upon current statutory and case
law.Distribution ofthe proceeds shall be shared equally among the participating agencies,or as
otherwise determined by written agreement.
PROPERTY AND EVIDENCE:
All property and evidence,including currency,seized in connection with state violations,
pursuant to this Agreement,outside the regular jurisdictional boundaries of the Child Abduction
Response Team,but within Florida,shall be taken into custody and processed by an FDLE
Special Agent in accordance with FDLE policy relating to the handling of property,evidence and
currency.
When such items are seized within the regular jurisdictional boundaries for the Child Abduction
Response Team,in connection with state violations,the items may be processed and maintained
bythe lead agency,and agency with jurisdiction or as otherwise agreed upon.
If and when the investigation becomes a federal case or inquiry,any such property and evidence
will be taken into custody and processed by the Federal Bureau of Investigation or be handled
pursuant totheir directions.
LIABILITY AND COST-RELATED ISSUES:
Eachpartyengaginginanymutualcooperationandassistancepursuantto this Agreement agrees
toassumeitsownliabilityandresponsibilityfortheacts,omission,orconduct of suchparty's
own employees while such employees are engaged in rendering such aid,cooperation and
4
06/17/2005 01:06 7863361017 PAGE 06/08
assistance pursuant to this Agreement,subject to the provisions of Section 768.28,Florida
Statutes,where applicable,and subject to other relevant state and federal law.
Each party to this Agreement agrees to furnish necessary personnel,property,police equipment,
vehicles,resources and facilities to render services to each other party to this Agreement in order
to affect the purposes ofthe Child Abduction Response Team and agrees to bear the cost of loss
or damage to such equipment,vehicles,or property.Parties understand and agree that they will
be responsible for their own liability and bear their own costs with regard to their property and
resources.This provision shall not preclude necessary property or resources being purchased,
funded,or provided by a participating party via the party's legally vested forfeiture funds,if
otherwise authorized by law.
Each Agency furnishing aid pursuant to this Agreement shall compensate its own employees
during the time such aid is rendered and shall defray the actual expenses of its employees while
they are rendering such aid,induding any amounts,iflegally apphcable,mat may be determined
to be due for compensation due to personal injury or death while such employees are engaged in
rendering such aid The privileges and immunities from liability,exemption from laws,
ordinances,and rules,and all pension,insurance,relief,disability,workers'compensation,salary
(including overtime compensation or compensatory time),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 shall apply to the employee to the same degree,
manner,and extent while such employee acts under this Agreement This provision shall not
preclude payment of compensation,including overtime compensation,for its personnel utilizing
its legally vested forfeiture funds or other funding sources to be the extent allowed by law.
Each party agrees to maintain its own comprehensive general liability insurance,professional
liability insurance,as required,and automotive liability insurance or maintain a self-insuring
fund for the term ofthis Agreement in the amounts determined by each party to adequately insure
such party's liability assumed herein.But for Florida law enforcement officers,in no event shall
such coverage be less than the state statutory waiver of sovereign immunity limits.If requested,
each party agrees to provide the other parties with proof of the insurance or self-insurance
required hereunder.Federal participants will be governed by applicable federal laws concerning
the above liability issues.
COMPLAINTS AGAINST CHILD ABDUCTION RESPONSE TEAM MEMBERS:
Whenever a complaint has been lodged as a result of Child Abduction Response Team efforts
outside their jurisdictional boundaries pursuant to this Agreement,a designee ofthe FDLE shall
ascertain at a minimum:
The identity(ies)of the cc*nplaiiiant($)and an address where the complainants)may be
contacted,the nature of the complaint,any supporting evidence or fects as may be available,
including the names and addresses of witnesses to that which has been complained about,the
identity(ies)of theChildAbductionResponseTeam participants)accusedandtheemploying
Agency(ies)of the participants)accused.
FDLE will promptly provide toeach affected employing Agency the above information for
administrative review and appropriate handling or disposition.Each affected employing Agency
shall,upon completion ofsaid review,notify FDLE ofits findings andany actions taken
5
06/17/2005 01:06 7863361017 PAGE 07/08
Federal agency participants will handle any complaints against their personnel while such federal
personnel are involved in CART operations.
COPY TO EACH PARTICIPATING CHILD ABDUCTION RESPONSE TEAM
MEMBER:
When this Agreement is folly executed,a copy shall be provided to each Child Abduction
Response Team member so that each member may be tulry aware ofthe powers,limitations,and
expectations applicable to Child Abduction Response Team members and operations.
TERM OF AGREEMENT:
This Agreement shall be effective as to the executing Parties upon execution by the member
agencies of the Child Abduction Response Team and the FDLE.As each additional Party
executes this Agreement,it shall be effective as to the newly executing Party.This Agreement
may be duplicated for dissemination to all Parties,and such duplicates shall be ofthe same force
and effect as the original.Execution of this Agreement may be signified by properly signing a
separate signature page,the original of which shall be returned to the Regional Legal Advisor,
Florida Department ofLaw Enforcement,1030 NW 111 Avenue,Miami,Florida 33172 who will
forward a copy to the Florida Department of Law Enforcement,Mutual Aid Coordinator,P.O.
Box 1489,Tallahassee,Florida 32302-1489.
This Agreement shall remain in full force as to all participating Parties until December 31,2008,
unless terminated in writing by the FDLE as to all or separate Parties.This agreement may be
renewed,amended,or extended only in writing.Any party may withdraw from this Agreement
upon providing written notice to FDLE and all other participating parties.Any written
cancellation or extension shall be forwarded to FDLE Orlando atthe address noted above.
In the event that a party agency has a change of Chief Executive Officer during the term of this
Agreement,the party agency may continue participation intheCART
for the term of this Agreement by having the new Chief Executive sign and submit a new
signature page indicating the party agency's continued desire to participate
in the CART.
06/17/2005 01:06 7863361017 PAGE 08/08
Party's Acceptance ofthe Voluntary Cooperation Mutual Aid Agreement among the
member Agencies of the Child Abduction Response Team.
Pursuant to F.S.23.1225(3),mis agreement may be entered into by a Chief Executive Officer of
the agency who is authorized to contractually bind the agency.By signing below,an indication
of such authorization is being made.Any signatory may attach to this signature page and any
further evidence ofauthorization you wish to remain on file at FDLE along with signature page.
Florida Dcpartmentfbf Law Enforcement (FDLE):
Amos Rojas,Jr.Special AgenXJn Charge
Date
ADDENDUM
FWMs,^S ^fTriS ^***^~day °f &rJL .2005 by and between theFloridaDepartmentofLawEnforcementandtheChildAbductionResponseTeam(CART).
rPAPT^^^'?e MutUal Aid ASreement for *e Child Abduction Response Team
rtSP T ^°n °r ab°Ut May 17'2005 morder t0 establish acooperative effort amorCARTparticipatmgagenciestoprovideapoolofspecializedinvestigatorswhichareavailablefocusdedicatedandintensiveinvestigative,preventative,and general law enforcement"
pnmanly with regard to cases involving abducted children.
f„n™•W]ffiREAS'FD^E.is desirous of amending the Mutual Aid Agreement to add thefollowingagenciesasadditionalparties;
Hialeah Gardens Police Department
Bal Harbour Police Department
Hialeah Police Department
El Portal Police Department
Golden Beach Police Department
Coral Gables Police Department
Sunny Isles Police Department
Manalapan Police Department
South Miami Police Department
herein ™E*fQRE'm CONSIDERATION ofthe mutual terms and conditions containedherein,thepartiesagreeasfollows:uuuuueu
1.The MOU shall be amended by adding the above listed agencies as additional
parties.
2'Mfo^Td eS.and C°nditi0nS °f *•MUtUal Md Agreement **remain *
IN WITNESS THEREOF the parties execute this instrument on the dates shown below.
Enforcement (FDLE):
Amos Rojas,Jr.Special AgentN^n Charge
Date
Pagel of 2
Parry's Acceptance ofthe Voluntary Cooperation Mutual Aid Agreement among the
Member Agencies of the Child AbductionResponse Team.
Pursuant to F.S.23.1225(3),this agreement may be entered into by a Chief Executive Officer of
the agency that is authorized to contractually bind the agency.By signing below,an indication
of such authonzation is being made.Any signatory may attach to this signature page and any
further evidence of authorization you wish to remain on file at FDLE along with this signature
page.^
Forite&ftj^L fj/JdAAk Entice Department:
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