Res. No. 080-00-10973RESOLUTION NO.8°-°°-10973
A RESOLUTION OF THE MAYOR AND CITY COMMISSION
OF THE CITY OF SOUTH MIAMI,FLORIDA,AUTHORIZING
THE CITY MANAGER TO RENEW THE MUTUAL AID
AGREEMENT,JOINT DECLARATION AND ADDENDUM TO
THE JOINT DECLARATION WITH MIAMI DADE POLICE
DEPARTMENT.
WHEREAS,the current Mutual Aid and Joint Declarations Assistance
Packagewiththe Miami-Dade Police department has expired,and
WHEREAS,theStatelawpermitslocalLaw Enforcement agencies to
engagein assistance agreements foratimeanddate certain,and
WHEREAS,the Miami-Dade Police Department has submitted updated
packages for review,and
WHEREAS,the documents have been reviewed and meet the approval of
theSouthMiami Police Department,
NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAMI,FLORIDA;
Section 1.The City Manager is authorized to renew the Mutual Aidand
Joint Declarations Assistance Package withthe Miami-Dade Police Department.
Section 2.That this resolution be effective immediately after adoption
hereof.
PASSEDANDADOPTEDthis 11th,day of April,2000.
ATTEST:APPROVED:
CITY CLERK 7/MAYOR
READ AND APPROVED AS TO FORM:
COMMISSIONVOTE:5-0
Mayor Robaina:Yea
Vice Mayor Feliu:Yea
Commissioner Wiscombe:Yea/fc>(*^^/<yg~Commissioner Bethel:Yea
CITY ATTORNEY Commissioner Russell:Yea
City of SouthMiami
INTER-OFFICER MEMORANDUM
TO:Mayor and City Commission DATE:April 4,2000
FROM:Charles Scurr ^SUBJECT:Agenda Item #
City Manager ('Comm.Mtg.April 11,2000
Renewal of the Mutual Aid
Agreement,Joint Declaration and
Addendum to the Joint
Declaration with Miami Dade
Police Department
ik
Request
Authorization torenewtheMutualAid Agreement,JointDeclarationandAddendumtotheJoint
Declaration withMiamiDadePoliceDepartment.
Background andAnalysis
ThecurrentMutualAidAgreement,JointDeclarationandAddendumtotheJoint Declaration withthe
Miami DadePolice Department has expired.Asyouare aware,themutualaid agreement andJoint
Declaration provides for mutual cooperation between our agencies.The mutual aid agreement stipulates
that during emergency orcrisis situations the involved entitymayrequest assistance fromthe
participating agency to assist in protecting the public peaceand safety,andto preserve the lives and
property of thepeople oftheCounty ofMiami-Dade.
Additionally,theJoint Declaration provides for officers totakeactionwhentheyareon "official
business"outside of their jurisdiction.Authority is given totheofficertoeffectanarrestoutside of
his/her jurisdiction when incidents happen spontaneously intheir presence.Officers are forbidden to
preplan events outside of their jurisdiction.The majority of police agencies throughout Miami Dade
CountyareparticipatingintheJointDeclarationagreement.
TheSouth Miami Police Department has enjoyed thecooperationwiththe Miami Dade Police
Department and neighboring agencies fora number of years and would like forthe Mayor and City
Commissioners to support usby acknowledging our participation inthese worthwhile programs.
Recommendation
Approval is recommended
MUTUAL AID AGREEMENT
Between Miami-Dade County and Participating
Municipal Police Departments
Whereas,it is the responsibility of the governments of Miami-Dade County,
Florida,and the participating Miami-Dade County municipalities to ensure the public
safety of their citizens by providing adequate levels of police services to address any
foreseeable routine or emergency 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 of these conditions,to protect the public peace and
safety,and to preserve the lives and property of the 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 into a mutual 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
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.Short title:Mutual Aid Agreement.
2.Description:Since this Mutual Aid Agreement provides for the requesting and
rendering of assistance 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 ofthe respective political subdivisions.
b.Agency or participating law enforcement agency:Either the Miami-Dade
Police Department or the participating municipal police department.
c.Agency head:Either the Director of the Miami-Dade Police Department,or
the Director's designees;and the Chief of Police of the participating municipal
police department,or the Chiefs designees.
d.Participating municipal police department:The police department of any
municipality in Miami-Dade County,Florida,that has approved and executed
this Agreement upon the approval of the governing body of that municipality.
e.Certified law enforcement employee:Any law enforcement employee
certified as provided in Chapter 943,Florida Statutes.
4.Operations:
a.In the event that a party to this Agreement is in need of assistance as
specified in the applicable joint declaration,an authorized representative of
the police department requiring assistance shall notify the agency from whom
such assistance is requested.The authorized agency representative whose
assistance is sought shall evaluate the situation and his available resources,
and will respond in a manner deemed appropriate.
b.Each party to this Agreement agrees to furnish necessary manpower,
equipment,facilities,and other resources and to render services to the other
party as required to assist the requesting party in addressing the situation
which caused the request;provided,however,that no party shall be required
to deplete unreasonably its own manpower,equipment,facilities,and other
resources and services in rendering such assistance.
c.The political subdivision having financial responsibility for the law
enforcement agency providing aid pursuant to this Agreement shall
compensate all of its employees rendering aid pursuant to this Agreement
during the time of the rendering of such aid and shall defray the actual travel
and maintenance expenses of such employees while they are rendering such
aid.Such compensation shall include any amounts paid or due for
compensation due to personal injury or death while such employees are
engaged in rendering such aid.Such compensation shall also include all
benefits normally due such employees.
d.All exemption from ordinance and rules,and all pension,insurance,relief,
disability,workers'compensation,salary,death,and other benefits which
apply to the activity ofsuch officers,agents,or employees ofany such agency
when performing their respective functions within the territorial limits of their
respective agencies shall apply to them to the same degree,manner,and
extent while engaged in the performance of their functions and duties extra
territorially under the provisions of this Mutual Aid Agreement.The
provisions of this Agreement shall apply with equal effect to paid and
auxiliary employees.
6.Indemnification:The political subdivision having financial responsibility for the
law enforcement agency providing aid pursuant to this Agreement agrees to hold
harmless,defend,and indemnify the requesting law enforcement agency and its
political subdivision in any suit,action,or claim for damages resulting from any
and all acts or conduct of employees of said providing agency while providing aid
pursuant to this Agreement,subject to Chapter 768,Florida Statutes,where
applicable.
7.Forfeitures:It is recognized that during the course of the operation of this
Agreement,property subject to forfeiture under the Florida Contraband Forfeiture
Act,Florida Statutes,may be seized.The property shall be seized,forfeited,and
equitably distributed among the participating agencies in proportion to the amount
of investigation and participation performed by each agency.This shall occur
pursuant to the provisions of the Florida Contraband Forfeiture Act.
8.Conflicts:Any conflicts between this Agreement and the Florida Mutual Aid Act
will be controlled by the provisions of the latter,whenever conditions exist that
are within the definitions stated in Chapter 23,Florida Statutes.
9.Effective Date and Duration:This Agreement shall be in effect from date of
signing,through and including,January 1,2005.Under no circumstances may
this Agreement be renewed,amended,or extended except in writing.
10.Cancellation:This Agreement may be cancelled by either party upon sixty (60)
dayswritten notice totheother party.Cancellation willbeatthe discretion of
thechief executive officers of the parties hereto.
AGREED TOAND ACKNOWLEDGED this day of ,1999
CityManager
City of South Miami,Florida
ATTEST:
CityClerk
City of South Miami,Florida
CountyManager
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:
City Attorney
City of South Miami,Florida
County Attorney
Miami-DadeCounty,Florida
JOINT DECLARATION OF THE DIRECTOR OF THE MIAMI-DADE POLICE
DEPARTMENT AND THE CHIEF OF THE CITY OF SOUTH MIAMI POLICE
DEPARTMENT PURSUANT TO MUTUAL AID AGREEMENT.
A deputy sheriffor police officer of either of the participating law enforcement
agencies shall be considered tobe operating under the provisions of the mutual aid agreement
when:
participating inlaw enforcement activities that are preplanned and approved by each
respective agency head,or
appropriately dispatchedinresponsetoarequestforassistancefromtheotherlaw
enforcement agency.
In compliance withandunderthe authority of theMutualAidAgreement heretofore
entered intobyTheCity of South Miami and Miami-Dade County,Florida,itishereby
declaredthatthefollowinglistcomprisesthecircumstancesandconditionsunder which
mutualaidmaybe requested and rendered regarding police operations pursuant tothe
agreement.Said listmaybeamendedor supplemented from timetotimeasneeds dictate by
subsequent declarations.
1.Joint multijurisdictional criminalinvestigations.
2.Civilaffrayordisobedience,disturbances,riots,largeprotestdemonstrations,
controversialtrials,political conventions,labordisputes,andstrikes.
3.Any naturaldisaster.
4.Incidentswhichrequirerescueoperationsandcrowdandtrafficcontrolmeasures
including,butnotlimitedto,large-scale evacuations,aircraft and shipping disasters,
fires,explosions,gaslineleaks,radiological incidents,trainwrecksandderailments,
chemicalorhazardouswastespills,andelectricalpower failures.
5.Terroristactivities including,butnotlimitedto,acts of sabotage.
6.Escapes fromor disturbances within detention facilities.
7.Hostageandbarricadedsubjectsituations,andaircraftpiracy.
8.Control of majorcrimescenes,area searches,perimeter control,back-upsto
emergency andin-progresscalls,pursuits,and missing personcalls.
9.Enemy attack.
10.Transportation of evidence requiringsecurity.
11.Majorevents;e.g.,sportingevents,concerts,parades,fairs,festivals,andconventions.
12.Securityandescortdutiesfor dignitaries.
13.Emergency situations inwhichone 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.Jointtraininginareas of mutual need.
The following procedures willapplyin mutual aid operations:
1.Mutualaidrequestedorrenderedwillbe approved bytheDirector/Chief of Policeor
designee.
2.Specific reporting instructionsfor personnel rendering mutualaidshouldbeincluded
in the request for mutual aid.In the absence of such instructions,personnel will report
totheranking on-duty supervisoronthescene.
3.Communications instructions willbe included ineach request for mutual aidandthe
Miami-DadePoliceDepartmentCommunicationsBureau will maintainradiocontact
with the involved agencies until themutualaid situation has ended.
4.Incidents requiring mass processing of arrestees,transporting prisoners,and operating
temporary detention facilities willbe handled perestablished procedures.
DATE
Carlos Alvarez,Director
Miami-Dade Police Department
ATTEST:
County Clerk
Miami-Dade County,Florida
DATE
Cokes Watson,Jr.,Chit
City of SouthMiamiPoliceDepartment
ATTEST:
City Clerk
City of South Miami,Florida
DATE ci/ntfOD
DATE
ADDENDUM TO JOINT DECLARATION TO MUTUAL AID AGREEMENT
Whereas,itistothemutualbenefitofthe municipal policeagencylistedbelowandthe
Miami-Dade Police Department,through voluntary cooperation,toexercise concurrent
jurisdiction overtheareas described in subparagraphs (a)and(b)below,inthat officers,whilein
another jurisdiction,are often present at events where immediate action is necessary,orare able
toexpeditiouslyconcludeaninvestigationby identifying andarrestinganoffender.
a)Concurrentlawenforcementjurisdictioninandthroughouttheterritoriallimitsof
participating municipalities and Miami-Dade County,Florida,excluding those
areas within the territorial limitsof municipalities not participating inthis
Addendum and areas inwhichthe Miami-Dade Police Department does nothave
law enforcement jurisdiction,for arrests,made pursuanttothelawsof arrest,for
feloniesand misdemeanors,including arrestable trafficoffenses,which
spontaneouslytakeplaceinthepresenceofthearrestingofficer,atsuchtimesas
thearrestingofficeristravelingfromplacetoplaceonofficialbusinessoutside of
hisorher jurisdiction,for example,toor from court,oratanytime when the
officer is within the territorial limits of his orher jurisdiction,and provided that,
inthecontext of this Joint Declaration,"official business outside of hisorher
jurisdiction"shall not include routine patrol activities,preplanned operations,or
undercover investigations.
b)Concurrent law enforcement jurisdictioninandthroughoutthe territorial limitsof
participating municipalities and Miami-Dade County,Florida,excluding those
areaswithinthe territorial limitsof municipalities not participating inthis
Addendum and areas inwhichthe Miami-Dade Police Department doesnot have
law enforcement jurisdiction,for arrests,madepursuanttothelawsofarrest,of
persons identified asaresultof investigations ofany offense constituting a felony
oranyact of Domestic Violence asdefinedin Section 741.28,Florida Statutes,
when such offense occurred inthe municipality employing the arresting officer,
shouldthe arresting officer bea municipal law enforcement officer.However,
concurrent jurisdiction under this subparagraph does not include authority to
make nonconsensual or forcible entries into private dwellings,residences,living
spaces or business spaces whicharenot open tothepublic,i.e.,authority derived
pursuant tothis subparagraph maybe exercised onlywhenin places opentothe
publicorprivateplacesintowhichthearrestingofficerhasenteredwiththe
consent of an occupant entitled togiveconsent.
Priortoany officer taking enforcement action pursuant toeither paragraph (a)or(b)
above,theofficershall notify the designated officer ofthe jurisdiction inwhichthe action will be
taken,unlessexigent circumstances preventsuchprior notification,inwhichcase notification
shall be made as soon after the action as practicable.Furthermore,all arrests made pursuant to
subparagraph (a)aboveshallbe processed andcoded pursuant todirectionsoftheClerkofthe
Court,in such manner as to insure that any revenues or surcharges generated as a result of said
arrests shall be directed to the jurisdiction in which the arrest was made.
Any municipal police agency electing to participate in concurrent jurisdiction pursuant to
this Addendum shall,before exercising concurrent jurisdiction,adopt as part of that agency's
Standard Operating Procedures,the following Standard Operating Procedure For Concurrent
Law Enforcement Jurisdiction:
STANDARD OPERATING PROCEDURE FOR
CONCURRENT LAW ENFORCEMENT JURISDICTION
I.PURPOSE:
To provide specific guidelines for the use of concurrent law enforcement jurisdiction.
II.POLICY:
It shall be the policy of the (name of participating police agency)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 in this
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 a result 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.Concurrent jurisdiction does not include authority to make forcible
entries into private residences or businesses which are not open to 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 togiveconsent.
A.General Requirements:
1.Prior to taking any enforcement action,the officer shall notify the designated officer
of the 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
theactionaspossible.
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 be
directedtothejurisdictioninwhichthearrestwasmade.
3.Officers shall not utilize unmarked vehicles to make traffic stops or to engage in
vehicle pursuits.
4.Concurrent law enforcement jurisdiction pursuant to this Mutual Aid Agreement does
not include preplanned operations,undercover investigations,stings,or sweeps.
5.Officers shall not conduct routine patrol activities outside of their jurisdiction.
6.Reports of any action taken pursuant tothis Mutual AidAgreement shall be faxed to
theagencyhead of theagency within whosejurisdictiontheactionwastakenassoon
as possible aftertheactionhas taken place.
7.Any conflicts regarding jurisdiction willbe resolved byallowingtheagencywithin
whosejurisdictiontheactiontook place totakecustody of any arrestees and/or crime
scenes.
8.All concurrent jurisdiction stationary surveillance activities shall require notification
of the agency within whose jurisdiction the surveillance takes place.The notification
shallincludethe general location of the surveillance anda description of thevehicles
involved.Mobilesurveillanceshallnot require notificationunless concurrent
jurisdictionenforcementactivitiestake place.
Any participant inthisAddendummaywithdraw from participation intheAddendum
only,by providing each other participant with written notice of withdrawal 30 days prior tothe
date of withdrawal,which date shall be specified in the notice.Furthermore,any participant
wishing to withdraw from participation withoneor more other participants may terminate
voluntarycooperationwithsaid participant(s)byprovidingwrittennotice of terminationtothe
affected participants and tothe Miami-Dade Police Department 30 days prior tothe desired
termination date,in which case voluntary cooperation shall remain in force onlywiththe
remainingparticipants.
The Miami-Dade Police Department shall keepall concerned agencies advisedasto current
participants in this Addendum.
3M4#m
Cokes Watson,Jr.,Chief Date
City of SouthMiamiPoliceDepartment
Carlos Alvarez,Director Date
Miami-DadePoliceDepartment
Harvey Ruvin Date
County Clerk