Res. No. 060-03-11609RESOLUTION NO.60-03-11609
A RESOLUTION OF THE MAYOR AND CITY COMMISSION
OF THE CITY OF SOUTH MIAMI,FLORIDA,AUTHORIZING
THE CITY MANAGER TO ACCEPT A CHANGE IN THE
MUTUAL AID AGREEMENT WITH THE HOMESTEAD
POLICE DEPARTMENT ORIGINALLY APPROVED ON
NOVEMBER 21,2002.
WHEREAS,the City Commission of theCity of South Miami approved a
Mutual Aid Agreement between theSouth Miami Police Department and the
Homestead Police Department on November 21,2002;and
WHEREAS,the City of Homestead modified said agreement but struck a
sentence which does not affect thescopeand spirit of the agreement;and
WHEREAS,CounselfortheCity of SouthMiamiadvisedonFebruary21,
2003 that material changes toan approved agreement must be brought before the
Commission;and
NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAMI,FLORIDA;
Section1.ThattheAgreementwithchangebe approved aswritten.
PASSED AND ADOPTED this 22ndday of April ,2 003 .
ATTEST:APPROVED:
CITY CLERK
READ AND APPROVED AS TO FORM:
CITY ATTORNEY
^
,YOR
Commission Vote:
Mayor Feliu:
Vice Mayor Russell:
Commissioner Wiscombe:
Commissioner Bethel:
Commissioner McCrea:
Additions shownby underlining and deletions shownby overstrilcing.
5-0
Yea
Yea
Yea
Yea
Yea
City of South Miami
Police Department
INTER-OFFICE MEMORANDUM
TO:MayorandCity Commission Date:March 12,2003
FROM:Sandy Youkilis ^\IJ Re:Agenda Item #__!_
City Manager (Jl)^v Comm.Mtg.
Mutual Aid Agreement with the City of
Homestead
REQUEST:
A resolution of the Mayor andCity Commission of theCity of South Miami,Florida,authorizing the
CityManager to accept a change inthe Mutual Aid Agreement withthe Homestead Police Department
originallyapprovedonNovember 21,2002.
BACKGROUND AND ANALYSIS:
OnNovember21,2202theCity Commission approvedarequestbythePoliceDepartment allowing
themto execute an agreement for Mutual Aid Pursuant to Section 23.12Florida Statutes,et seq.with
the Homestead Police Department.That agreement was subsequently forwarded to Homestead for
their approval
TheCity of Homestead returnedthe agreement withaline deleted.Thesectionandthe relevant
deletion read as follows:
SectionVI.Powers,Privileges,Immunities,and Costs
D.Theagencyfurnishingaidpursuanttothisagreementshallcompensateits appointees/employees
duringthetimesuchaidisrendered and shalldefraytheactualtraveland maintenance expensesofits
employeeswhiletheyarerenderingsuchaid,includinganyamountspaidordueforcompensationdue
topersonalinjuryordeathwhilesuchemployeesareengagedinrenderingsuch aid.However,the
s requestingagencymay compensate theassistingagencyduringthetime of therendering of suchaid
andmaintenanceexpenses of suchemployeeswhilethevarerenderingsuch aid,includingany
amountspaidorduefor compensation asaresult ofpersonalinjuryordeathwhile such employees are
renderingaidpursuanttothisagreement.(Underlinedportionisdeletedsentence)
ThedeletedportionmadeitmandatoryforHomesteadtoreimburseSouthMiamifor expenses.
Historically,asstatedinthefirst sentence,thefurnishingagencyretainsallliabilityand responsibility
foritsagents.
RECOMMENDATION:
Approval ofthismodificationis recommended.