Res. No. 007-97-9978RESOLUTION NO.7-97-9978
A RESOLUTION OF THE MAYOR AND CITY COMMISSION
OF THE CITY OF SOUTH MIAMI AUTHORIZING THE
CITY MANAGER TO ENTER INTO MUTUAL AID
AGREEMENT,IN A FORM ACCEPTABLE TO THE CITY
ATTORNEY,WITH THE VILLAGE OF PINECREST,ON
BEHALF OF THE SOUTH MIAMI POLICE DEPARTMENT
PURSUANT TO SECTION 23.1225(3),FLORIDA
STATUTES.
WHEREAS,Chapter 23,Florida Statutes,the Florida
Mutual Aid Act,was recently amended requiring 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 of the municipality on
behalf of a law enforcement agency;and
WHEREAS,there is 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 ofthe City of South Miami and/or
the Village of Pinecrest;and
WHEREAS,to meet the 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 ofthe people ofthe City
of South Miami and/or the Village of Pinecrest;
NOW,THEREFORE,BE IT RESOLVED BY THE COMMISSION OF THE
CITY OF SOUTH MIAMI,FLORIDA:
Section 1.The recitals and findings contained in the
Preamble to this Resolution are hereby adopted by reference
thereto and incorporated herein asis fully set forth in
this Section.
Section 2.The City Manager of the City of South
Miami,be,and hereby is,authorized to enter into a Mutual
Aid Agreement in a form acceptable to the City Attorney,
with the Village of Pinecrest on behalf of the City of South
Miami Police Department pursuant to Section 23.1225(3),
Florida Statutes.
Section 3.This Resolution shall become effective
immediately upon its adoption.
PASSED AND ADOPTED this 21st day of January f 1997.
APPROVED:
-^rz^^P/^fer2&&U*iS
VICE MAYOR
ATTEST
READ AND APPROVED AS TO FORM:
CITY ATTORNEY
Page2ofRes.#7-97-9978
COMMISSION VOTE:
Mayor Cunningham:
Vice Mayor Robaina:
Commissioner Price:
Commissioner Bethel
Commissioner Young:
4-0
Not present
Yea
Yea
Yea
Yea
JOINT DECLARATION OF THE CHIEF OF THE VILLAGE
OF PINECREST POLICE DEPARTMENT AND THE CHIEF
OF THE SOUTH MIAMI POLICE DEPARTMENT
PURSUANT TO MUTUAL AID AGREEMENT.
A police officerofeitherofthe participating law enforcement agencies shallbe considered tobe
operating underthe provisions of themutualaid agreement when:
•participating in law enforcement activities that are preplanned and approved by each agencies
respective head,or
•appropriately dispatched in response toa request for assistance fromtheotherlaw
enforcement agency.
In compliance withandunder authority ofthe Mutual Aid Agreement heretofore entered intoby
the Village of Pinecrest andtheCityof South Miami itis hereby declared thatthe following list
comprises the circumstances and conditions underwhichmutualaidmayberequestedand
renderedregardingpoliceoperationspursuanttotheAgreement.Saidlistmaybeamendedor
supplementedfromtimetotimeasneedsdictatebysubsequent declarations.
1.Joint multi jurisdictional investigations.
2.Civilaffrayordisobedience,disturbances,riots,largeprotestdemonstrations,
controversialtrials,largeprotestdemonstrations,labordisputes,andstrikes.
3.Any natural disaster.
4.Incidentswhichrequirerescueoperationsandcrowdandtrafficcontrolmeasures
including,butnotlimitedto,large-scale evacuations,aircraftand shipping disasters,fires,
explosions,gaslineleaks,radiologicaldisasters,train wrecks and derailments,chemical
or hazardous waste spills,and electrical power failures.
5.Terrorist activities including,butnotlimitedto,acts of sabotage.
6.Escapes from or disturbances within detention facilities.
7.Hostage and barricaded subjectsituations,andaircraftpiracy.
8.Control of major crimescenes,area searches,perimeter control,back-ups to emergency
and in-progress calls,pursuits,and missing person calls.
9.Enemy attack.
10.Transportation of evidencerequiringsecurity.
11.Major events;e.g.,sporting events,concerts,parades,fairs,festivals,and conventions.
12.Securityandescortdutiesfordignitaries.
13.Emergency situations in which one agency cannot perform its functional objectives.
14.Incidents requiring theuseof specialized units;e.g.,underwater recovery,aircraft,canine,
motorcycle,bomb,crimescene,marinepatrol,andpoliceinformation.
15.Joint training inareas of mutual need.
Chief of Police
Village of PinecrestPolice Department,
*Police
Jouth Miami'Police Department^
Date:
•Mhm.Date
MUTUAL AID AGREEMENT
BETWEEN THE VILLAGE OF PINECREST AND PARTICIPATING
POLICE DEPARTMENTS
Whereas,itisthe responsibility of Dade County municipalities to ensure the public
safety of theircitizensbyprovidingadequatelevels of policeservicetoaddressanyforeseeable
routine or emergency situations;and
Whereas,because of theexistingandcontinuing possibility of the occurrence of law
enforcementproblemsandothernaturalandman-madeconditionswhichare,orarelikelytobe,
beyondthecontrol of theservices,personnel,equipment,orfacilities of theVillage of Pinecrest
Police Department orthe participating policedepartments;and
Whereas,in order toensurethatthepreparation of theselaw enforcement agencieswillbe
adequate to address anyandall of these conditions,to protect the public peace and safety,andto
preserve thelivesand property of the Village of Pinecrest andthe participating Dade County
municipalities;and
Whereas,the Village of Pinecrest andthe participating agencies havethe authority under
Chapter23,Florida Statutes,Florida MutualAidAct,toenterintoa mutual aid agreement;
NOW,THEREFORE,BE IT KNOWN thatthe Village of Pinecrest,a political
subdivision of the State of Florida,andthe undersigned representatives,in consideration for
mutual promises to render valuable aidintimes of necessity,do hereby agreetofullyand
faithfully abide byandbe bound bythe following terms and conditions:
1.Short title:
Mutual Aid Agreement
2.Description:
Sincethis Mutual Aid Agreement provides forthe requesting and rendering of
assistanceforbothroutineandlawenforcementintensivesituations,thisMutual
Aid Agreement combines the elements ofbotha voluntary cooperation agreement
andarequestedoperationalassistanceagreement,asdescribedinChapter23,
Florida Statutes.
3.Definitions:
a.)Joint declaration:A document which enumerates the various conditions or
situations whereaidmaybe requested or rendered pursuant tothe Agreement,as
determined by concerned agency heads.Subsequent to execution bythe
concerned agencyheads,the joint declaration shallbefiledwiththeclerks of the
respective politicalsubdivisions andshall thereafter become a part of this
Agreement.Said declaration maybe amended or supplemented atanytimebythe
agency headsbyfiling subsequent declarations with the clerks of the respective
political subdivisions.
b.)Agencyor participating law enforcement agency:Either the Village of
Pinecrest Police Department orthe participating municipal police department,
c.)Agency head:Either the Chief of the Village of Pinecrest Police Department,
orthe Chiefs designees;andthe Chief of Police of the participating police
department,or the Chiefs designees.
d.)Participatingpolice department:ThepolicedepartmentofanyDadeCounty,
Florida municipality whosegoverningbodyhasapprovedtheexecution of this
Agreement.
e.)Certifiedlaw enforcement employee:Anylawenforcementemployeecertified
as provided in Chapter 943,Florida Statutes.
Operations:
a.)Intheeventthatapartytothis Agreement isinneed of assistanceasspecified
inthe applicable joint declaration,an authorized representative of thepolice
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 their available resources,and will respond
ina manner deemed appropriate.
b.)Each party tothis Agreement agrees to furnish necessary manpower,
equipment,facilities,andotherresourcesandtorenderservicestotheotherparty
asrequiredtoassisttherequestingpartyinaddressingthesituationwhichcaused
the request;provided,however,thatno party shallbe required to deplete
unreasonably itsownmanpower,equipment,facilities,andotherresourcesand
services in rendering such assistance.
c.)Theagencyheads of the participating law enforcement agencies,ortheir
designees,shall establish proceduresforgivingcontrol of the mission definition
tothe requesting agency,andfor giving tactical control over accomplishing any
such assigned mission and supervisory control over all personnel or equipment
provided pursuant tothis Agreement tothe providing agency.
5.Powers,Privileges,Immunities,andCosts:
a.)All employees ofthe participating police department,including certified law
enforcement employees as defined in Chapter 943,Florida Statutes,during such
time that said employees are actually providing aid outside of the jurisdictional
limitsofthe employing municipality pursuant toa request foraidmadein
accordance with this Agreement,shall,pursuant tothe provisions of Chapter 23,
FloridaStatutes,havethesamepowers,duties,rights,privileges,and immunities
asifthey were performing their duties inthe political subdivision in which they
are normally employed.
b.)Thepoliticalsubdivisionhavingfinancialresponsibilityforthelaw
enforcementagencyprovidingservices,personnel,equipment,orfacilities
pursuant totheprovisions of thisAgreementshall bear anylossordamageto
sameandshallpayanyandallexpenses incurred inthe maintenance and
operation of same.
c.)The political subdivision havingfinancial responsibility forthelaw
enforcement providing aid pursuant tothis Agreement shall compensate all of its
employees rendering aidpursuanttothis Agreement duringthetime of the
rendering of suchaidandshalldefraytheactualtraveland maintenance expenses
of suchemployeeswhiletheyarerenderingsuchaid.Suchcompensationshall
includeanyamountspaidorduefor compensation duetopersonalinjuryordeath
whilesuchemployeesareengagedinrenderingsuchaid.Suchcompensation
shallalsoincludeallbenefitsnormallyduesuchemployees.
d.)Allexemptionfrom ordinance andrules,andallpension,insurance,relief,
disability,worker's compensation,salary,death,and other benefits which apply to
theactivity of suchofficers,agents,oremployees of anysuchagencywhen
performing their respective functionswithinthe territorial limits of their
respectiveagenciesshallapplytothemtothesamedegree,manner,andextent
while engaging inthe performance oftheir functions and duties extraterritorially
underthe provisions of thisMutualAidAgreement.The provisions of this
Agreementshallapplywithequaleffecttopaidandauxiliaryemployees.
6.Indemnification:
Thepolitical subdivision havingfinancial responsibility forthelaw enforcement
agency providing aid pursuant tothis Agreement agrees to hold harmless,defend,
and indemnify the requesting law enforcement agency andits political subdivision
inanysuit,action,or claim for damages resulting from any andallactsor conduct
of employees of said providing agency while providing aid pursuant tothis
Agreement,subject to Chapter 768,Florida Statutes,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,
may be seized.The property shallbe seized,forfeited,and equitably distributed
among the participating agencies in proportion tothe amount of investigation and
participation performed by each agency.This shall occur pursuant tothe
provisions of the Florida Contraband Forfeiture Act.
8.Conflicts:
Anyconflicts between thisAgreementandthe Florida MutualAidActwillbe
controlled bythe provisions of thelatter,whenever conditions exist that are within
the definitions stated inChapter23,Florida Statutes.
9.Effective Date and Duration:
This Agreement shallbeineffectfromdate of signing,throughand including,
December 31,2002 Under no circumstances may this Agreement be renewed,
amended,or extended except in writing.
10.Cancellation:
This Agreement maybecanceledbyeither party uponsixty(60)days written
noticetotheotherparty.Cancellationwillbeatthediscretion of the chief
executive officer of thepartieshereto.
AGREED TO AND ACKNOWLEDGED THIS DAY OF
Mayor,
Village of Pinecrest,Florida
ATTEST
Village Clerk
Village of Pinecrest,Florida
'City Manager
City of South Miami,Florida
City Clerk
City of SouthMiami,Florida
199
APPROVED AS TO FORM AND LEGAL APPROVED AS TO FORM AND LEGAL
SUFFICIENCY:SUFFICIENCY:
Village Attorney
Village of Pinecrest,Florida
•*•*-,/6-6^//y*—"
City Attorney
City of South Miami,Florida