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Res. No. 111-05-12090RESOLUTION NO.111-05-12090 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 OPA LOCKA 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 AN EFFECTIVE DATE. WHEREAS,Chapter23Florida Statutes,theFloridaMutualAidAct.requiresthe authorization bythe governing body of the municipality beforea Mutual Aid Agreement maybe enteredintobytheMayororChiefExecutiveOfficerofthemunicipalityonbehalf of thelaw enforcement agency;and WHEREAS,thereistheexistingandcontinuingpossibility of the occurrence of law enforcement problemsandother natural and man-made conditions whichareorlikelytobe beyond controloftheservices,personnel,equipment or facilities oftheCityofSouth Miami and/or the aforementioned entity;and WHEREAS,tomeettheresponsibilityoftherespectivegovernmentstoensurepublic safety oftheircitizensby providing adequate levelsofpoliceservices,preparationmustbemade to protect the public peace and safety andto preserve the lives and property ofthe people inthe jurisdictions. NOW,THEREFORE,BEITRESOLVEDBYTHEMAYORANDCITY COMMISSION OF THE CITY OF SOUTH MIAMI,FLORIDA: Section1.ThattheCityManager of theCity of SouthMiamiisauthorizedtoenterinto a Mutual Aid Agreement ina form acceptable totheCity Attorney,withtheCityofOpa Locka Police Department,onbehalfoftheCityof South Miami Police Department pursuant to Section 23.1225 (3),Florida Statues. Section 2.Thatthis resolution be effective immediately after the adoption hereof. \PASSEDANDADOPTEDthis 2A_day of UU :, ATTEST: f q>)clz.ex.c^-^^^w CITY CLERK /> READ AND APPROVED AS TO FORM: APPROVED: MAYOR COMMISSION VOTE: Mayor Russell Vice Mayor Palmer: Commissioner Wiscombe: Commissioner Birts-Cooper:yea Commissioner Sherar:Yea .2005 5-0 Yea Yea Yea TO: FROM: CITY OF SOUTH MIAMI Inter-office Memorandum South Miami fcrilfcyi Honorable Mayor,Vice Mayor and City Commission Maria V.Davis City Manager 2001 Date:August 16,2005 Re:Agenda Item #_J_ Comm.Mtg 08/16/2005 Mutual Aid Agreement with the of City of Opa Locka 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 OPA LOCKA 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;PROVIDINGFORAN EFFECTIVE DATE. BACKGROUND AND ANALYSIS The Florida State Statutes (Chapter 23)authorize the governing bodyofA municipality to empower the Chief Executive Officer of the municipality to enter into agreements for shared law enforcement servicesinspecifictimes of need. Asa matter of course this agreement should be renewed every five years (recommendation ofthe Florida Department of Law Enforcement,the agency statutorily charged with the administration of mutual aid within the state). This agreement allows the South Miami Police Department to draw upon the resources of the Opa Locka Police Department in furtherance of our law enforcement mission.This agreement makes provisions for personnel and equipment,and provides for reciprocity between our two cities.. This Mutual Aid Agreement hasbeen reviewed and approved astoformbytheCity Attorney. RECOMMENDATION Yourapprovalisrecommended. MUTUAL AID AGREEMENT Between the City of Opa Locka andtheCity of SouthMiami Whereas,because ofthe existing and continuing possibility ofthe occurrence oflaw enforcement problems and other natural and man-made conditions which are,orare likely to be,beyond the control of the services,personnel,equipment,or facilities ofthe Opa Locka Police Department or the South Miami Police Department;and Whereas,City of Opa Locka and the City of South Miami are so located in relation to eachotherthatitistothe advantage ofeachto receive andextendmutualaidintheform oflawenforcementservicesandresourcestoadequatelyrespondtointensivesituations, including,but not limited to,natural or manmade disasters or emergencies as defined under 252.34,Florida Statutes;and, Whereas,City of Opa Locka and the City of South Miami have the authority under 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 Opa Locka Police Department,a Florida municipal corporation,and the South Miami Police Department,and the undersigned representatives,in consideration for mutual promises to render valuable aid in time of necessity,do hereby agree to fully and faithfully abide by and be bound by the following terms and conditions: SECTION I:SHORT TITLE:Mutual Aid Agreement SECTION II:DECSCRIPTION Since this Mutual Aid Agreement provides for the requesting and rendering of assistance forbothroutineandlawenforcementintensivesituations,thisMutualAidAgreement combines the elements ofbotha voluntary cooperation agreement anda requested operational assistance agreement,as described in Chapter 23 Florida Statutes. SECTION III:NATURE OF THE LAW ENFORCEMENT ASSISTANCE TO BE RENDERED A police officer of City of Opa Locka or the City of South Miami shall be considered to be operating under the provisions of this Mutual Aid Agreement when: •participating in law enforcement activities that are preplanned and approved by each respective agency head or his/her designee;or •appropriately dispatched in response toa request for assistance from the other law enforcement agency. In compliance withand under the authority ofthis Mutual Aid Agreement itis hereby declared thatthe following list comprises the circumstances and conditions underwhichmutualaidmayberequestedandrendered regarding police operations.The following listmaybe amended or supplemented from timeto timeasneedsdictateby subsequent declarations: 1)Jointmulti-jurisdictionalcriminalinvestigations. 2)Civildisturbances,disobedience,riots,affrays;largeprotest demonstrations,labordisputes,controversialtrials,politicalconventions, and strikes. 3)Any natural disaster including,butnotlimitedto hurricanes,tornadoes, flooding,or wildfires. 4)Incidentswhich require rescue operations andtrafficandcrowdcontrol measuresincluding,butnotlimitedto,evacuations,aircraftdisasters,fires, explosions,gasline leaks,radioactive emergencies,trainwrecksand derailments,chemical or hazardous wastespills,or electrical power failures. 5)Terrorist activities including,butnot limited to,actsof sabotage. 6)Escapesfromor disturbances within detention facilities. 7)Hostage and barricaded subject situations,andaircraft piracy. 8)Control of major crime scenes,area searches,perimeter control,back-ups to emergency and in-progress calls,pursuits andmissingpersoncalls. 9)Enemy attack. 10)Transportation of evidencerequiringsecurity. 11)Major sporting events,concerts,parades,fairs festivals,and conventions. 12)Securityandescortdutiesfor dignitaries. 13)Emergency situations in which one agency cannot perform its functional objective. 14)Jointtraininginareas of mutualneed.And 15)Incidents requiring utilization of specialized units (such as bomb disposal units,K-9unitsorspecialweaponsandtactics units). Further,inrecognition of theneedforcooperationinthepatrol of thewaterways withinthe jurisdictional boundaries ofeach participating agency,the following declarations are agreed upon: 1)Thateachjurisdictionextendstotheothertherighttopatrolandconduct enforcement activities in their respective waterways. SECTION IV:PROCEDURE FOR REQUESTING AND AUTHORIZING ASSISTANCE Intheeventthatapartytothisagreementisinneed of assistanceassetforth above,anauthorizedrepresentativeoftheagencyrequiringassistanceshallnotify theagencyheador his/her designee fromwhomsuch assistance isrequested.The agency head or authorized agency representative whose assistance is sought shall evaluate the situation andtheagency's available resources,consultwithhis/her supervisors if necessary,and will respond ina manner he/she deems appropriate. The agency head in whose jurisdiction assistance is being rendered may determine whois authorized tolendassistancein his/her jurisdiction,forhow long such assistance is authorized and for what purpose such authority is granted. This authority maybe granted either verbally orin writing asthe particular situation dictates. Theagencyhead'sdecisioninthese matters shallbe final. SECTION V:COMMAND AND SUPERVISORY RESPONSIBILITY The personnel and equipment thatare assigned bythe assisting agency headshall beundertheimmediatecommand of asupervisingofficerdesignatedbythe assisting agency head.Such supervising officershallbeunderthedirect supervision and command ofthe agency head or his/her designee ofthe agency requesting assistance. Conflicts:whenever an officer or other employee is rendering assistance pursuant tothis agreement,the officer or employee shallabidebyandbe subject totherulesandregulations,personnel policies,generalordersandstandard operating procedures of his/her own employing agency.Ifanysuchrule, regulation,personnel policy,general order or standard operating procedure is contradicted,contravenedorotherwiseinconflictwithadirectorder of asuperior officer of therequestingagency,thensuchrule,regulation,personnelpolicy, general orderor procedure shall control andshall supercede thedirect order. Handlingcomplaints:whenever thereiscausetobelievethatacomplainthas arisenasaresult of acooperativeeffortasitmaypertaintothisagreement,the agency headorhis/her designee ofthe requesting agency shallbe responsible for the documentation of said complaint to ascertain ata minimum: 1)Theidentity of thecomplainant. 2)Anaddresswherethecomplainingpartycanbecontacted. 3)The specific allegation. 4)Theidentity of theaccusedemployee(s)withoutregardtoagency affiliation. If itis determined thattheaccusedisanemployee of the assisting agency,the above information,with all pertinent documentation gathered during the receipt andprocessing of thecomplaint,shallbeforwardedwithoutdelaytotheagency headorhis/herdesignee of theassistingagencyfor administrative review.The requestingagencymayconductareview of thecomplainttodetermine if any factual basis for the complaint exists and/or whether any ofthe employees ofthe requesting agency violated any of their agency's policies or procedures. SECTION VI:LIABILITY Each party engaging in any mutual cooperation or assistance,pursuant to this agreement,agrees to assume responsibilities for the acts,omissions,or conduct of such party's own employees while engaged in rendering aid pursuant to this Mutual Aid Agreement,subject tothe provisions of 768.28,Florida Statutes, where applicable. SECTION VII:POWERS,PRIVILEGES,IMMUNITIES AND COSTS a)All employees,of the Opa Locka Police Department and the South Miami Police Department,including certifiedlaw enforcement employees as definedin Chapter 943,Florida Statutes,whileactuallyengagingin mutual cooperation and assistance outside theirjurisdictionallimits,but insidethisstate,undertheterms of thisagreement,shall,pursuant tothe provisions of 23.127(1),Florida Statutes,have the same powers,duties, rights,privileges and immunities asifthe employee was performing duties insidetheemployee's political subdivision inwhich normally employed. b)TheOpa Locka Police Department andtheSouth Miami Police Departmentagreetofurnishnecessarypersonnel,equipment,resources and facilities andtorenderservicestoeach other party tothe agreement as setforthabove;provided,however,thatnopartyshallberequiredto unreasonablydepleteitsownpersonnel,equipment,resources,facilities, andservicesinfurnishingsuchmutualaid,as determined bythe furnishing party. c)As between the parties hereto,the political subdivision that furnishes equipment pursuant tothis agreement shallbearthecost of lossordamage tothatequipmentandmustpayanyexpenseincurredintheoperationand maintenance of that equipment. d)Asbetweenthepartieshereto,theagencyfurnishingaidpursuanttothis agreementshallcompensateitsofficer(s)/employee(s)duringthetime such aidis rendered andshall defray the actual travel and maintenance expenses of itsemployeeswhiletheyarerenderingsuchaid,includingany amountspaidordueforcompensationduetopersonnelinjuryordeath whilesuchemployeesareengagedin rendering suchaid,tothesame degree,mannerandextentas if the officer(s)/employee(s)wereengagedin theperformance of dutieswithintheirrespective jurisdictions. e)Theprivilegesandimmunitiesfromliability,exemptionfromlaws, ordinances andrules,andallpension,insurance,relief,disability, Workers'Compensation,salary,death and other benefits that apply tothe activity ofan employee ofan agency when performing the employee's dutieswithintheterritoriallimits of the employee's agencyapplytothe employee tothe same degree,manner,and extent while engaged inthe 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 auxiliary employees. f)Nothing herein shall prevent the requesting agency from requesting supplemental appropriations from the governing authority having budgeting jurisdiction to reimburse the assisting agencyforany actual costsor expenses incurred bythe assisting agencyperforming hereunder. g)Nothing inthis agreement is intended oristobe construed asany transfer or contracting awayofthe powers or functions ofonepartyheretotothe other. h)This agreement creates no rights or benefits in favor ofanythird parties andtherearenointendedthirdpartybeneficiarieswithregardtothe provisions herein. SECTION IX:FORFEITURE PROVISIONS a)Intheeventthata participating agency seizesanyreal property,vessel, motorvehicle,aircraft,currencyorotherpropertypursuanttotheFlorida ContrabandForfeitureActduringthe performance of this agreement,the agencyrequesting assistance inthecase of requestedoperational assistanceandtheseizingagencyinthecase of voluntarycooperation shallberesponsibleformaintaininganyforfeitureactionpursuantto Chapter932,Florida Statutes.Theagencypursuingtheforfeitureaction shallhavetheexclusiverighttocontrolandthe responsibility to maintain thepropertyinaccordancewithChapter932,FloridaStatutes,toinclude, butnotlimitedto,thecompletediscretiontobringtheactionordismiss the action. b)Allproceedsfromforfeitedpropertyseizedasaresult of orin accordance withthisagreementshallbedividedin proportion tothe amount of investigationandparticipationperformedbyeachagency,lessthecosts associated with the forfeiture action. SECTION X:EFFECTIVE DATE Thisagreementshalltakeeffectuponexecutionandapprovalbythehereinafternamed officials and shall continue in full force and effect until January 1,2010.Under no circumstances maythis agreement be renewed,amended,or extended except in writing. SECTION XI:CANCELLATION Any party may cancel its participation in this agreement upon thirty (30)days written notice tothe other party or parties.Cancellations will beatthe discretion ofany subscribing party. IN WITNESS WHEREOF,the parties hereto causethese presents tobesignedonthe date specified. Jannie Beverly City Manager City of Opa Locka,FL Date: Attest: Debra Irby City Clerk City of Opa Locka,FL Approved astoform and legal sufficiency: A.Quinn Jones City Attorney City of Opa Locka,FL Maria V.Davis City Manager City of South Miami,FL Date: Attest: Maria M.Menendez City Clerk City of South Miami,FL Approved asto form and legal sufficiency: Nagin,Gallop/Figuerdo City Attorney City of South Miami,FL Filingthe mutual aid agreement;section23.1225(4),Floridastatutes,requires the filing copy of the signed mutual aid agreement withFDLEwithin14daysaftersignature.Filingmaye accomplished by either mailing toFDLE,P.O.Box1489,Tallahassee,Fl 32302,attention: mutual aid,or fax to 904-488-1760