Res. No. 099-01-1124799-01-11247RESOLUTIONNO.^Ul izq
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 MIAMI SHORES POLICE
DEPARTMENT,ONBEHALFOFTHECITYOFSOUTHMIAMI
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 bythe Mayor orthechief executive
officer ofthe municipality onbehalfofalaw enforcement agency;and
WHEREAS,thereisthe existing and continuing possibility ofthe
occurrence oflaw enforcement problems and other natural and man-made
conditions whichareorare likely tobe beyond the control of the services,
personnel,equipment or facilities of the City of South Miami and/or the
aforementioned entity;and
WHEREAS,tomeetthe responsibility of the respective governments to
ensure the public safety of their citizens by providing adequate levels of police
services,preparation must be ensured to protect the public peace and safety and to
preserve the lives and property of the people in the listed jurisdictions;and
NOW,THEREFORE,BEIT RESOLVED BYTHE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAMI,FLORIDA;
Section 1.The City Manager ofthe City of South Miami is authorized to
enter into a Mutual Aid Agreement ina form acceptable tothe City Attorney,with
the City of Miami Shores Police Department on behalf of the City of South Miami
Police Department pursuant to Section 23.1225 (3),Florida Statutes.
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Section 2.That this resolution be effective immediately after adoption
hereof.
PASSED AND ADOPTED this 24th day of July ,2001
ATTEST:APPROVED:
MAYOR
READ AND APPROVED AS TO FORM:
Commission Vote:
Mayor Robaina:
Vice Mayor Feliu:
Commissioner Russell:
Commissioner Bethel:
Commissioner Wiscombe:
<g£-v-/g.^g/V^
CITY ATTORNEY
aae 2 of 2
e§.No.99-01-11247I
5-0
Yea
Yea
Yea
Yea
Yea
CITY OF SOUTH MIAMI
POLICE DEPARTMENT
INTER-OFFICE MEMORANDUM
TO:Honorable Mayor,Vice Mayor Date:June 15,2001
and City Commission
:•///£FROM:Charles Scurr,/'fl //\m^Re:Agenda Item #
City Manager /J^J&fr "Comm.Mtg.July 24,2001
C/w^Mutual Aid Agreement
REQUEST
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 MIAMI
SHORES POLICE DEPARTMENT,ON BEHALF OF THE CITY OF SOUTH
MIAMI POLICE DEPARTMENT PURSUANT TO SECTION 23.1225 (3),
FLORIDA STATUTES.
BACKGROUND AND ANALYSIS
Florida StateStatutes(Chapter23)authorizethegoverningbody of municipalities to
empower the chief executive officer of themunicipalitytoenterintoagreementsforshared
law enforcement services in times of specificneed.
ThisagreementallowsthePoliceDepartmenttodraw upon resourcesinfurtherance ofthe
law enforcement mission,includingpersonneland equipment,aswellasprovidingfor
reciprocity.
RECOMMENDATION
Approval is recommended.
CS/gffsh
c
OPERATIONAL ASSISTANCE MUTUAL AID AGREEMENT
WITNESSETH
WHEREAS,THE SUBSCRIBING LAW ENFORCEMENT AGENCIES ARESOLOCATED
IN RELATION TOEACH OTHER THATITISTOTHE ADVANTAGE OFEACHTO
RECEIVE AND EXTEND MUTUAL AIDINTHE FORM OFLAW ENFORCEMENT
SERVICES AND RESOURCES TO ADEQUATELY RESPOND TO INTENSIVE
SITUATIONS,INCLUDING,BUTNOT LIMITED TO,NATURAL OR MANMADE
DISASTERS OR EMERGENCIES AS DEFINED UNDER SECTION 252.34,FLORIDA
STATUTES;AND,
WHEREAS,THE MIAMI SHORES POLICE DEPARTMENT AND THE SOUTH MIAMI
POLICE DEPARTMENT HAVE THE AUTHORITY UNDER SECTION 23.12,FLORIDA
STATUTES,etseq.,THEFLORIDA MUTUAL AIDACT,TOENTERINTOA MUTUAL AID
AGREEMENT FOR LAW ENFORCEMENT SERVICE WHICH PROVIDES FOR
RENDERING OF ASSISTANCE IN A LAW ENFORCEMENT EMERGENCY.
NOW,THEREFORE,THE PARTIES AGREE AS FOLLOWS:
SECTION I:PROVISIONS FOR OPERATIONAL ASSISTANCE
EACH OF THE AFORESAID LAW ENFORCEMENT AGENCIES HEREBY APPROVE AND
ENTER INTO THIS AGREEMENT WHEREBY EACH OFTHE AGENCIES MAY REQUEST
ANDRENDERLAW ENFORCEMENT ASSISTANCE TOTHEOTHERTO INCLUDE,BUT
NOT NECESSARILY BE LIMITED TO:
1)PARTICIPATING IN LAW ENFORCEMENT ACTIVITIES THAT ARE
PREPLANNED AND APPROVED BY EACH RESPECTIVE AGENCY HEAD OR
HIS/HER DESIGNEE,
2)APPROPRIATELY DISPATCHED IN RESPONSE TOA REQUEST FOR
ASSISTANCE FROMTHEOTHERLAWENFORCEMENT AGENCY,
3)JOINT MULTI-JURISDICTIONAL CRIMINAL INVESTIGATIONS,
4)CIVILDISTURBANCES,DISOBEDIENCE,RIOTS,LARGEPROTEST
DEMONSTRATIONS,LABORDISPUTES,CONTROVERSIALTRIALS,
POLITICAL CONVENTIONS,ANDSTRIKES,
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5)ANY NATURE DISASTER INCLUDING,BUT NOT LIMITED TO
HURRICANES,TORNADOES,FLOODING,ORWILDFIRES,
6)INCIDENTSWHICHREQUIRERESCUEOPERATIONS,TRAFFIC CONTROL,
AND CROWD CONTROL INCLUDING,BUT NOT LIMITED TO
EVACUATIONS,AIRCRAFT DISASTERS,FIRES,EXPLOSIONS,GAS LINE
LEAKS,RADIOACTIVE EMERGENCIES,TRAIL DERAILMENTS AND
WRECKS,CHEMICALOR HAZARDOUS WASTE SPILLS,OR WIDESPREAD
POWER DISRUPTIONS,
7)TERRORIST ACTIVITIES INCLUDING ACTS OF SABOTAGE,
8)ESCAPES FROMOR DISTURBANCES WITHIN DETENTION FACILITIES,
9)CONTROL OF MAJOR CRIME SCENES,AREA SEARCHES,PERIMETER
CONTROL,BACKUPS TO EMERGENCY AND IN-PROGRESS CALLS,
PURSUITS AND MISSING PERSON CALLS,
10)ENEMY ATTACKS,
11)TRANSPORTATION OF EVIDENCE REQUIRING SECURITY,
12)MAJOR SPORTING EVENTS,CONCERTS,PARADES,FAIRS,FESTIVALS,
AND CONVENTIONS,
13)SECURITY AND ESCORT DUTIES FOR DIGNITARIES,
14)EMERGENCY SITUATIONS IN WHICH ONE AGENCY CANNOT PERFORM
ITS FUNCTIONAL OBJECTIVE,
15)JOINT TRAINING IN AREAS OF MUTUAL NEED,
16)AND INCIDENTS REQUIRING UTILIZATION OF SPECIALIZED UNITS (Such
asbombdisposal units,K-9unitsorspecialweaponsandtactics units).
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SECTION II:PROCEDURE FOR REQUESTING ASSISTANCE
IN THE EVENT THAT A PARTY TO THIS AGREEMENT IS IN NEED OF ASSISTANCE AS
SET FORTH ABOVE,AN AUTHORIZED REPRESENTATIVE OF THE AGENCY
REQUESTING ASSISTANCE SHALL NOTIFYTHE AGENCY HEADOR HIS/HER
DESIGNEEFROM WHOM SUCH ASSISTANCE ISREQUESTED.THE AGENCY HEADOR
AUTHORIZED AGENCY REPRESENTATIVE WHOSE ASSISTANCE IS SOUGHT SHALL
EVALUATETHE SITUATION,ANDTHEAGENCY'S AVAILABLE RESOURCES,
CONSULT WITH HIS/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 WHO IS AUTHORIZED TO LEND ASSISTANCE IN HIS/HER
JURISDICTION,FORHOWLONGSUCH ASSISTANCE ISAUTHORIZEDANDFOR
WHAT PURPOSE SUCH AUTHORITY IS GRANTED.THIS AUTHORITY MAY BE
GRANTED EITHER VERBALLY OR IN WRITING AS THE PARTICULAR SITUATION
DICTATES.
THE AGENCY HEAD'S DECISION IN THESE MATTERS SHALL BE FINAL.
SECTION III:COMMAND AND SUPERVISORY RESPONSIBILITY
THE PERSONNEL AND EQUIPMENT THAT ARE ASSIGNED BY THE ASSISTING
AGENCY HEADSHALLBEUNDERTHE IMMEDIATE COMMAND OFA SUPERVISING
OFFICER DESIGNATED BYTHE ASSISTING AGENCY HEAD.SUCH SUPERVISING
OFFICER SHALLBEUNDERTHEDIRECT SUPERVISION AND COMMAND OF THE
AGENCY HEADORHIS/HER DESIGNEE OFTHE AGENCY REQUESTING ASSISTANCE.
CONFLICTS:WHENEVERAN OFFICER OR OTHER EMPLOYEE IS RENDERING
ASSISTANCE PURSUANTTOTHIS AGREEMENT,THE OFFICER OR EMPLOYEE SHALL
ABIDEBYANDBESUBJECTTOTHERULESANDREGULATIONS,PERSONNEL
POLICIES,GENERAL ORDERS AND STANDARD OPERATING PROCEDURES OF
HIS/HER OWN EMPLOYING AGENCY.IFANYSUCHRULE,REGULATION,
PERSONNEL POLICY,GENERAL ORDER OR STANDARD OPERATING PROCEDURE IS
CONTRADICTED,CONTRAVENED OR OTHERWISE IN CONFLICT WITH A DIRECT
ORDER OFASUPERIOR OFFICER OFTHE REQUESTING AGENCY,THEN SUCH RULE,
REGULATION,PERSONNEL POLICY,GENERAL ORDER OR PROCEDURE SHALL
CONTROL AND SHALL SUPERCEDE THE DIRECT ORDER.
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HANDLING COMPLAINTS:WHENEVER THERE IS CAUSE TO BELIEVE THAT A
COMPLAINT HAS ARISEN AS A RESULT OF A COOPERATIVE EFFORT AS IT MAY
PERTAIN TO THIS AGREEMENT,THE AGENCY HEAD OR HIS/HER DESIGNEE OF THE
REQUESTING AGENCYSHALLBERESPONSIBLEFORTHE DOCUMENTATION OF
SAID COMPLAINT TO ASCERTAIN AT A MINIMUM:
1)THE IDENTITY OF THE COMPLAINANT.
2)ANADDRESSWHERETHECOMPLAINING PARTY CANBECONTACTED.
3)THE SPECIFIC ALLEGATION.
4)THEIDENTITYOFTHEEMPLOYEE(S)ACCUSED WITHOUT REGARDASTO
AGENCY AFFILIATION.
IF IT IS DETERMINED THAT THE ACCUSED IS AN EMPLOYEE OF THE ASSISTING
AGENCY,THE ABOVE INFORMATION,WITHALL PERTINENT DOCUMENTATION
GATHERED DURING THE RECEIPT AND PROCESSING OF THE COMPLAINT,SHALL
BE FORWARDED WITHOUT DELAY TO THE AGENCY HEAD OR HIS/HER DESIGNEE
OF THE ASSISTING AGENCY FOR ADMINISTRATIVE REVIEW.THE REQUESTING
AGENCY MAY CONDUCT A REVIEW OF THE COMPLAINT TO DETERMINE IF ANY
FACTUAL BASIS FOR THE COMPLAINT EXISTS AND/OR WHETHER ANY OF THE
EMPLOYEESOFTHEREQUESTINGAGENCYVIOLATEDANYOFTHEIRAGENCY'S
POLICIES OR PROCEDURES.
SECTION IV:LIABILITY
EACH PARTY ENGAGING IN ANY MUTUAL COOPERATION OR ASSISTANCE,
PURSUANT TO THIS AGREEMENT,AGREES TO ASSUME RESPONSIBILITIES FOR THE
ACTS,OMISSIONS,OR CONDUCT OFSUCH PARTY'S OWNEMPLOYEESWHILE
ENGAGED IN RENDERING SUCH AID PURSUANT TO THIS AGREEMENT,SUBJECT TO
THE PROVISIONS OF SECTION 768.28,FLORIDA STATUTES,WHERE APPLICABLE.
SECTION V:POWERS,PRIVILEGES,IMMUNITIES AND COSTS
a)EMPLOYEES OFTHEMIAMI SHORES POLICE DEPARTMENT ANDTHE SOUTH
MIAMI POLICE DEPARTMENT WHEN ACTUALLY ENGAGING IN MUTUAL
COOPERATION AND ASSISTANCE OUTSIDE THEIR JURISDICTIONAL LIMITS BUT
INSIDE THIS STATE,UNDER THETERMSOF THIS AGREEMENT,SHALL,
PURSUANT TOTHE PROVISIONS OFSECTION 23.127(1),FLORIDASTATUTES,
HAVE THE SAME POWERS,DUTIES,RIGHTS,PRIVILEGES AND IMMUNITIES ASIF
THE EMPLOYEE WAS PERFORMING DUTIES INSIDE THE EMPLOYEE'S
POLITICAL SUBDIVISION IN WHICH NORMALLY EMPLOYED.
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b)EACH PARTY AGREES TO FURNISH NECESSARY PERSONNEL,EQUIPMENT,
RESOURCES AND FACILITIES AND TO RENDER SERVICES TO EACH OTHER
PARTY TO THE AGREEMENT AS SET FORTH ABOVE;PROVIDED,HOWEVER,
THAT NO PARTY SHALL BE REQUIRED TO DEPLETE UNREASONABLY ITS OWN
PERSONNEL,EQUIPMENT,RESOURCES,FACILITIES,AND SERVICES IN
FURNISHING SUCH MUTUAL AID,AS DETERMINED BY THE FURNISHING PARTY.
c)AS BETWEEN THE PARTIES HERETO,THE POLITICAL SUBDIVISION THAT
FURNISHES EQUIPMENT PURSUANT TO THIS AGREEMENT SHALL BEAR THE
COST OF LOSS OR DAMAGE TO THAT EQUIPMENT AND MUST PAY ANY
EXPENSE INCURRED IN THE OPERATION AND MAINTENANCE OF THAT
EQUIPMENT.
d)AS BETWEEN THEPARTIESHERETO,THE AGENCY FURNISHINGAIDPURSUANT
TO THIS AGREEMENT SHALL BE RESPONSIBLE TO COMPENSATE ITS OFFICER
(S)/EMPLOYEE(S)DURINGTHETIMESUCHAIDISRENDEREDAND SHALL
DEFRAY THE ACTUAL TRAVEL AND MAINTENANCE EXPENSES OF ITS
EMPLOYEES WHILE THEY ARE RENDERING SUCH AID,INCLUDING ANY
AMOUNTS PAID OR DUE FOR COMPENSATION DUE TO PERSONNEL INJURY OR
DEATH WHILE SUCH EMPLOYEES ARE ENGAGED IN RENDERING SUCH AID,TO
THE SAME DEGREE,MANNER AND EXTENT AS IF THE OFFICER(S)/EMPLOYEE(S)
WHERE ENGAGED IN THE PERFORMANCE OF DUTIES WITHIN THEIR
RESPECTIVE JURISDICTIONS.
e)THE PRIVILEGES AND IMMUNITIES FROM LIABILITY,EXEMPTION FROM LAWS,
ORDINANCES AND RULES,AND ALL PENSION,INSURANCE,RELIEF,DISABILITY,
WORKERS'COMPENSATION,SALARY,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 APPLY TO THE EMPLOYEE TO THE SAME DEGREE,
MANNER,AND EXTENT WHILE ENGAGEDINTHEPERFORMANCEOFTHE
EMPLOYEE'S DUTIES EXTRATERRITORIALLY UNDER THE PROVISIONS OF THIS
MUTUAL AID AGREEMENT.THE PROVISIONS OF THIS SECTION SHALL APPLY
WITHEQUAL EFFECT TOPAID,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 AGENCY FOR ANY ACTUAL COSTS OR EXPENSES INCURRED BY THE
ASSISTING AGENCY PERFORMING HEREUNDER.
g)NOTHING IN THIS AGREEMENT IS INTENDED ORISTOBE CONSTRUED ASANY
TRANSFER OR CONTRACTING AWAY OF THE POWERS OR FUNCTIONS OF ONE
PARTY HERETO TO THE OTHER.
h)THIS AGREEMENT CREATES NO RIGHTS OR BENEFITS IN FAVOR OF ANY THIRD
PARTIES AND THERE ARE NO INTENDED THIRD PARTY BENEFICIARIES WITH
REGARD TO THE PROVISION HEREOF.
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SECTION VI:LIABILITY INSURANCE
EACHPARTYSHALLPROVIDE SATISFACTORY PROOFOFLIABILITY INSURANCE
ORSELFINSURANCEBYONEORMOREOFTHEMEANSSPECIFIEDIN SECTION
768.28(15)(a),FLORIDA STATUTES,IN AN AMOUNT WHICH IS,IN THE JUDGEMENT
OF THE GOVERNING BODY OF THAT PARTY,AT LEAST ADEQUATE TO COVER THE
RISK TO WHICH THAT PARTY MAY BE EXPOSED.SHOULD INSURANCE COVERAGE,
HOWEVERPROVIDED,OFANYPARTYBECANCELLEDORUNDERGOMATERIAL
CHANGE,THATPARTYSHALLNOTIFYALLPARTIESTOTHISAGREEMENTOF
SUCHCHANGEWITHINTEN(10)DAYSOFRECEIPTOFNOTICEOR ACTUAL
KNOWLEDGE OF SUCH CHANGE.
SECTION VII:FORFEITURE PROVISIONS
a)IN THE EVENT THAT AN AGENCY SEIZES ANY REAL PROPERTY,VESSEL,
MOTOR VEHICLE,AIRCRAFT,CURRENCY OR OTHER PROPERTY PURSUANT TO
THE FLORIDA CONTRABAND FORFEITURE ACT DURING THE PERFORMANCE OF
THISAGREEMENT,THEAGENCY REQUESTING ASSISTANCE INTHECASEOF
REQUESTED OPERATIONAL ASSISTANCE AND THE SEIZING AGENCY INTHE
CASEOF VOLUNTARY COOPERATION SHALL BE RESPONSIBLE FOR
MAINTAINING ANY FORFEITURE ACTION PURSUANT TO CHAPTER 932,FLORIDA
STATUTES.THE AGENCY PURSUING THE FORFEITURE ACTION SHALLHAVE
THE EXCLUSIVE RIGHT TO CONTROL AND THE RESPONSIBILITY TO MAINTAIN
THE PROPERTY IN ACCORDANCE WITH CHAPTER 932,FLORIDA STATUTES,TO
INCLUDE,BUT NOT BELIMITEDTO,THE COMPLETE DISCRETION TO BRING THE
ACTION OR DISMISS THE ACTION.
b)ALL PROCEEDS FROM FORFEITED PROPERTY SEIZEDASA RESULT OFORIN
ACCORDANCE WITH THIS AGREEMENT SHALL BE DIVIDED EQUALLY BETWEEN
THE PARTIES,LESS THE COSTS ASSOCIATED WITH THE FORFEITURE ACTION.
SECTION VIII:EFFECTIVE DATE
THIS AGREEMENT SHALL TAKE EFFECT UPON EXECUTION AND APPROVAL BY
THE HEREINAFTER NAMED OFFICIALS AND SHALL CONTINUE IN FULL FORCE AND
EFFECT UNTIL JANUARY 1.2005.UNDER NO CIRCUMSTANCES MAY THIS
AGREEMENT BE RENEWED,AMENDED,OR EXTENDED EXCEPT IN WRITING.
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SECTION IX:CANCELLATION
ANY PARTYMAY CANCEL ITS PARTICIPATION IN THIS AGREEMENT UPON THIRTY
(30)DAYS WRITTEN NOTICETOTHEOTHERPARTYOR PARTIES.CANCELLATIONS
WILL BE AT THE DISCRETION OF ANY SUBSCRIBING PARTY.
IN WITNESS WHEREOF,THE PARTIES HERETO CAUSE THESE PRESENTS TOBE
SIGNED ON THE DATE SPECIFIED.
Name :ToM lV(\(O0
Title:V(lby.^^GO<ir
Organization:N\(fliiVVi 3fYl65
Date:^/afit/Ol
ATTEST:
O /'
2WQV2 /26oCti<v,.<
City Clerk,Village ofMiami Shores,
Florida
APPROVED AS TO FORM
AND LEGAL SUFFICIENCY:
CityAttorney,Village of MiamiShores,
Florida.
Name :
Title:C/tV Pdhtih^Ed
Organization:City OF S,M/VM
Date:T^fOJ
ATTEST:
&&TuT.\/nUy<^\.
City Clerk,South Miamfy
Florida
APPROVED AS TO FORM
AND LEGAL SUFFICIENCY:
CityAttorney,SouthMiami,
Florida.
Filing the agreement:Section 23.1225(4).Florida Statutes,requires the filing ofa copy of the signed mutual aid
agreement with FDLE within 14 days after signature.Filing may be accomplished by either mailing to FDLE.P.O.
Box 1489,Tallahassee,Fl 32302.Attention:Mutual Aid.orFaxto 904-488-1760
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