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Res. No. 084-01-11232RESOLUTION NO.84-m-ii232 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 FLORIDA CITY POLICE DEPARTMENT,ON BEHALF OFTHECITYOFSOUTHMIAMI POLICE DEPARTMENT PURSUANT TO SECTION 23.1225 (3), FLORIDA STATUTES. WHEREAS,Chapter 23,Florida Statutes,the Florida Mutual Aid Act, requires the authorization by the governing body of the municipality before a Mutual Aid Agreement may be entered into by the Mayor or the chief executive officer ofthe municipality onbehalfofa law enforcement agency;and WHEREAS,thereisthe existing and continuing possibility ofthe occurrence of law enforcement problems andother natural and man-made conditions whichareorarelikelytobebeyondthecontrol of the services, personnel,equipment or facilities of the City of South Miami and/or the aforementioned entity;and WHEREAS,tomeettheresponsibility of therespectivegovernmentsto ensure the public safety of their citizens by providing adequate levels of police services,preparation mustbe ensured to protect the public peaceand safety andto preserve the lives and property ofthe people inthe listed jurisdictions;and NOW,THEREFORE,BEITRESOLVEDBYTHEMAYORANDCITY COMMISSION OF THE CITY OF SOUTH MIAMI,FLORIDA; Section1.TheCityManager of theCity of SouthMiamiisauthorizedto enterintoaMutualAidAgreementinaformacceptabletotheCityAttorney,with theCity of FloridaCityPoliceDepartmenton behalf of theCity of SouthMiami Police Department pursuant toSection23.1225(3),Florida Statutes. Section 2.That this resolution be effective immediately after adoption hereof. Page1 of2 •.:;':?•',*; r.>r.*..»•,..:;~ •(>0M i **if-"w ,'*:;;:••?!••."•.•-^fj;-.--i'.\.v..r .!• :,thi v\:••«\.i.* ;.'H:"'V!t: .1 •': iv-'r".'-1 ii--'.*:r .;'..».":'.'.'A '•":<•'"=*t\::»./•:•r '.;.fj;.\*•.:•.;v.•-..?.; *«*? '•>•.•, •»'ri;>'\*t r... iv.•."..;;-..v-.f ;••:•;:;./;.-':V:y,..,»j,..?.:-; -,''(.'y»i >.r'*';•;;*•.!:\.''"^,'!".».'•»:•••{';•;• •'•V'"C;ii''\::.r..;.y «!(•;' ..••»?*..,\;\. PASSED AND ADOPTED this i2tKJay of Jung ATTEST:'APPROVED: ,2001 READ AND APPROVED AS TO FORM: MAYOR Commission Vote:4-0 Mayor Robaina:Yea Vice Mayor Feliu:Yea Commissioner Russell:out of room Commissioner Bethel:Yea Commissioner Wiscombe Yea CITY ATTORNEY fa-fa**Aicityrf***"$*? Page2 of 2 Res.No.84-01-11232 CITY OF SOUTH MIAMI POLICE DEPARTMENT INTER-OFFICE MEMORANDUM TO:Honorable Mayor,ViceMayor Date:June 4,2001 and City Commission /> FROM:Charles Scurr,/\fj fj J^^Re:Agenda Item #jl City Manager //J/*Comm.Mtg.June 12,2001 Mutual Aid Agreement REQUEST A RESOLUTION OFTHE MAYOR AND CITY COMMISSION OFTHECITY OF SOUTH MIAMI,FLORIDA AUTHORIZING THE CITY MANAGER TO ENTER INTO A MUTUAL AID AGREEMENT WITH THE CITY OF FLORIDA CITY POLICE DEPARTMENT,ON BEHALF OFTHECITYOF SOUTH MIAMI POLICE DEPARTMENT PURSUANT TO SECTION 23 1225 (3),FLORIDA STATUTES. BACKGROUND AND ANALYSIS Florida State Statutes (Chapter 23)authorize the governing body of municipalities to empower the chief executive officer ofthe municipality to enter into agreements for shared law enforcement services in times of specific need. This agreement allows the Police Department to draw upon resources in furtherance of the law enforcement mission,including personnel and equipment,as well as providing for reciprocity. RECOMMENDATION Approval is recommended. CS/gffsh MUTUAL AID AGREEMENT Between City of Florida City Police Department and Participating Municipal Police Departments WHEREAS,it is the responsibility of the governments of the City of Florida City, Dade County,Florida and the participating 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 City of Florida City 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 City of Florida City and the participating Dade County municipalities;and WHEREAS,the City of Florida City and the participating Dade County municipalities have the authority under Chapter 23,Florida Statutes,(1993),the Florida Mutual Aid Act,to enter into a mutual aid agreement; NOW THEREFORE,BE IT KNOWN that the City of Florida City,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 (1993). Definitions: a.Joint Declaration:Adocumentwhich enumerates thevarious conditions or situations where aid mayberequestedor 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 ofthe respective political subdivisions and shall thereafter become part of this Agreement.Said declaration maybe amended or supplemented at anytimebytheagencyheadsby filing subsequent declarations withtheclerksoftherespective political subdivisions. b.Agency or participating law enforcement agency:Either the City of Florida City Police Department or the participating municipal police department. c.Agency Head:Either the Chief ofthe City of Florida City Police Department,orthe Chiefs designees;andtheChiefofPoliceofthe participating municipal police department,or the Chiefs designees. d.Participating municipal police department:The police department of any municipality in Dade County,Florida,thathas approved and executed this Agreement upon the approval ofthe governing body of that municipality. e.Certified law enforcement employee:Any law enforcement employee certified as provided in Chapter 943,Florida Statutes (1993). 4.Operations: a.In the event that apartyto this Agreement isin 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 ina manner deemed appropriate. b.Each party to this Agreement agrees tofurnish 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 nopartyshall be required to deplete unreasonably its own manpower,equipment,facilities and other resources and services in rendering such assistance. c.The agency heads of the participating law enforcement agencies, or their designees,shall establish procedures for giving control of the mission definitionto the requesting agency,and forgiving tactical control over accomplishing any such assigned mission and supervisory control over all personnel or equipment provided pursuant to this Agreement to the providing agency. 5.Powers,Privileges,Immunities,and Costs: a.All employees of the participatingmunicipalpolice department, including certified law enforcement employees as defined in Chapter 943,Florida Statutes,(1993),during such time that said employees are actuallyprovidingaid outside of the jurisdictional limits of the employing municipality pursuant toa request foraid made in accordance with this Agreement,shall,pursuant to the provisions of Chapter 23,Florida Statutes,(1993),have the same powers,duties,rights,privileges and immunities as if they were performing their duties in the political subdivision in which they are normally employed. b.The political subdivision having financial responsibility for the law enforcement agency providing services,personnel,equipment or facilities pursuant tothe provisions of this Agreement shall bear any loss or damage tosame and shall pay any and all expenses incurred inthemaintenanceandoperationofsame. c.The political subdivision having financial responsibility for the law enforcementagency providing aid pursuant tothisAgreement shall compensate all ofits employees rendering aidpursuanttothis Agreement during thetimeofthe rendering ofsuchaidand shall defraythe actual travel and maintenance expenses ofsuch employees while theyare rendering such aid.Such compensation shall include anyamounts paid ordue for compensation dueto personal injury or death while suchemployeesareengaged in rendering such aid.Such compensation shallalsoinclude all benefits normallyduesuch employees. d.All exemption from ordinance and rules,and all pension,insurance, relief,disability,workers*compensation,salary,deathandother benefits which apply tothe activity ofsuch officers,agentsor employeesofanysuchagencywhen performing their respective functions within the territorial limits of their respective agencies shallapplytothemto the same degree,manner and extent while engaged in the performance of their functions and duties extraterritorially underthe provisions ofthis Mutual AidAgreement. The provisionsofthis Agreement shallapply with equaleffectto paid and auxiliary employees. 6.Indemnification:The political subdivision having financial responsibility for thelaw enforcement agency providing aidpursuanttothis Agreement agrees tohold harmless,defend,and indemnify the requesting law enforcement agency andits political subdivisioninanysuit,actionor 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,(1993),where applicable. 7.Forfeitures:Itis recognized that during the course of the operation of this Agreement,property subject to forfeiture under the Florida Contraband Forfeiture Act,Florida Statutes,(1993),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 FloridaMutual Aid Act will be controlled by the provisions of the latter,whenever conditions exist that arewithin the definitions stated in Chapter 23,Florida Statutes (1993). 9.Effective Date and Duration:This Agreement shall be in effect from date of signing,through and including,January 1,2006.Under no circumstances may this Agreement be renewed,amended or extended except inwriting. 10.Cancellation:This Agreement may be cancelled by either party upon 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 TO AND ACKNOWLEDGED this OtisT.Wallace,Mayer Cityof Florida City,Florida Marc Elu City of Fl! Police Department ATTEST: CityClerk,City of Florida City,Florida APPROVED AS TO FORM AND LEGAL SUFFICIENCY: X ity Affor Cityof Florida City,Florida ^1 yA^uPC /£>dayof <-Jv/V/7^2001 C£*4^ CharlesScur,CityManager City of South Miami,Florida Cokes Watson Jr.,Chie City of South Miami Police Department ATTEST: Cfty Clerk,Cityof d South Miami,Florida APPROVED AS TO FORM AND LEGAL SUFFICIENCY: —^—\ CityAttorney, Cityof South Miami,Florida /^W ^Sa )^9/^ 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. Marc El CityofFlorida City Police Department ATTEST Terrorist activities including,but not limited to,acts of sabotage. Escapes from or disturbances within detention facilities. Hostage and barricaded subject situations,and aircraft piracy. Control of major crime scenes,area searches,perimeter control,back-ups to emergency and in-progress calls,pursuits and missing person calls. Enemy attack. Transportation of evidence requiring security. Major events;e.g.,sporting events,concerts,parades,fairs,festivals and conventions. Security and escort duties for dignitaries. Emergency situations in which one agency cannot perform its functional objective. Incidents requiring utilization of specialized units;e.g.,underwater recovery,aircraft,canine,motorcycle,bomb,crime scene,marine patrol and police information. Jointtrainingin areas ofmutual need. Joint multijurisdictional marine and air interdiction operations. DATE:3-t3-Pf Cokes Watson Jr^ City of South Miami Police Department ATTEST DATE/^E^/ 5WW &,Jt City Clerk *-«fc^ 0///ce 0/the Police Chief pOLIC? FLORIDA "CITY POLICE Mayor Otis T.Wallace Vice Mayor Tommy Dorsett Commissioner Eugene D.Berry Commissioner R.S.Shiver Commissioner Juanita Smith Police Chief Marc Elias Jr. JOINT DECLARATION OF THE CHIEF OF THE CITY OF FLORIDA CITY POLICE DEPARTMENT AND THE CHIEF OF THE CITY OF SOUTH MIAMI POLICE DEPARTMENT PURSUANT TOTHEMUTUALAID ACT An agent or police officer of either of the participating law enforcement agencies shall be considered to be operating under the provisions of the Mutual Aid Agreement when: participating in law enforcement activities thatare preplanned and approved by each respective agency head or appropriately dispatched in responsetoarequest for assistance from the otherlawenforcementagency. In compliance with and under the authority of the Mutual Aid Agreement heretofore entered into by the City of Florida City and the City of South Miami,it is hereby declared thatthe following list comprises the circumstances and conditions under which mutual aid may be requested and rendered regarding police operations pursuant tothe agreement.Said may beamendedor supplemented from time to time as needs dictateby subsequent declarations. 1. 2. Joint multijurisdictional criminal investigations. Civil affray or disobedience,disturbances,riots,large protest demonstrations,controversial trials,political conventions,labor disputes and strikes. 3.Any natural disaster. 4.Incidents which require rescueoperationsand crowd and traffic control measures including,butnot limited to,large-scale evacuations,aircraft and shipping disasters,fires,explosions,gas line leaks,radiological incidents,trainwrecksandderailments,chemicalor hazardous waste spills and electrical power failures. P.O.Box 343569 FloridaCityFlorida 33034-0569 (305)247-8223 •Fax (305)245-5001 i "Police and Community -A Partnership In Progress"