Res. No. 015-97-9986RESOLUTION NO.15-97-9986
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 CITY OF NORTH MIAMI BEACH,
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 ofthe municipality
before a Mutual Aid Agreement may be entered into by the
Mayor orthe chief executive officer ofthe municipality on
behalf of a law enforcement agency;and
WHEREAS,there isthe existing and continuing
possibility ofthe occurrence of law enforcement problems
and other natural and man-made conditions which are or are
likely tobe beyond thecontroloftheservices,personnel,
equipment or facilities oftheCityofSouthMiamiand/or
the City of North Miami Beach;and
WHEREAS,to meet the responsibility of the respective
governments to ensure thepublic safety of their citizens by
providingadequatelevelsofpoliceservices,preparation
must be ensured to protect the public peace and safety and
to preserve thelivesand property ofthe people oftheCity
of South Miami and/or the City of North Miami Beach;
NOW,THEREFORE,BE IT RESOLVED BY THE COMMISSION OF THE
CITY OF SOUTH MIAMI,FLORIDA:
Section i.The recitals and findings contained inthe
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 ina form acceptable to the City Attorney,
with the City of North Miami Beach 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 this21stdayof January ,1997.
APPROVED:
VIC-E-MAYOR
ATTEST:p COMMISSION VOTE:4-0
Mayor Cunningham:Not present
Vice Mayor Robaina:Yea
Commissioner Price:Yea
Commissioner Bethel:Yea
Commissioner Young:Yea
READ AND APPROVED AS TO FORM:
/6..^/4^_-/
CITY ATTORNEY
MUTUAL AID AGREEMENT
This agreement made this day of ,1996,between the
CITYOFNORTHMIAMIBEACH and SOUTH MIAMI POLICE DEPARTMENTS.
WITNESSETH
WHEREAS,in recognition of the existing and continuing possibility of law enforcement intensive
situations and emergencies within the cities of North Miami Beach,Florida,and South Miami,Florida,and
in order to insure that the preparation of law enforcement resources will be adequate to deal with such
activity,protect the public peace and safety,and preserve the lives and property of the people of the cities
of NorthMiamiBeachandSouthMiami;and
WHEREAS,the police chief of each municipality is the Chief Law Enforcement Officer of and responsible
for law enforcement services within such municipality;and
WHEREAS,the cities of North Miami Beach,Florida,and South Miami,Florida,have authority under Part
1of Chapter 23,Florida State Statutes (1989),Florida Mutual Aid Act,to enter into a requested MUTUAL
AID AGREEMENT;
NOW THEREFORE,BE IT KNOWN that the cities of North Miami Beach and South Miami hereby
approve and enter into this agreement whereby the police department of each municipality may request and
render law enforcement assistance tothe other in emergencies under Section 252.34(2),Florida statutes,
and law enforcement intensive situations including,but not limited to,the following:
1.Civilaffrayor disobedience,disturbances,riots,large protest demonstrations,controversial trials,
political conventions,labor disputesand strikes.
2.Any naturaldisaster.
3.Incidents which require rescue operations and crowd and traffic control measures including but not
limited to,large scale evacuations,aircraft and shipping disasters,fires,explosions,gas line leaks
radiological incidents,train wrecks and derailments,chemical or hazardous waste spills,and electrical
power failures.
4.Terrorist activities including,but not limited to,acts ofsabotage.
5.Escapes from,or disturbances within,detention facilities.
6.Hostage and barricaded subject situations.
7.Sporting events,concerts and parades.
8.Security and escort duties for dignitaries.
9.Incidents requiring utilization ofspecialized units;e.g.,underwater recovery,aircraft,canine,
motorcycle,bomb and crime scenes.
10.Emergency or intensive situations in which one agency needs additional assistance to perform its
functionalobjective.
NOW,THEREFORE,the parties agree as follows:
SECTION I:In the event that aparty to this agreement is in need ofassistance as set forth above,such
party shall notify the agency or agencies from whom such assistance is required.The police chief of the
municipality whose assistance is sought shall evaluate the situation and his available resources,and will
respond ina manner he deems appropriate.
SECTION II:Each party agrees to furnish necessary equipment,resources and facilities and to render
services to any other party to the agreement as set forth above;provided,however,that no party shall be
required to deplete unreasonably its own equipment,resources,facilities,and services in furnishing such
mutual aid.
SECTION III:The party which furnishes any equipment pursuant to this agreement shall bear the loss or
damage to such equipment and shall pay any expense incurred in the operation and maintenance thereof.
The party furnishing aid pursuant to this part shall compensate its employees while they are rendering such
aid,including any amounts paid or due for compensation due to personal injury or death while such
employees are engaged in rendering such aid.Nothing herein shall prevent the requesting agency from
requesting supplemental appropriations from the governing body having budgetary jurisdiction to
reimburse the assisting agency for any actual costs of expenses incurred by the assisting agency performing
hereunder.
SECTION IV:Each municipality will bear the liability arising from acts undertaken by its personnel
pursuant to this agreement.All ofthe privileges and immunity from liability,exemptions from laws,
ordinances and rules,and all pension,insurance,relief,disability,workers compensation,salary,death and
other benefits which apply to the activity of such officers,agents,or employees ofany such agency when
performing their respective function within the territorial limits oftheir respective public agencies shall
apply to them to same degree,manner,and extent while engaged in the performance of any of their
functions and duties extra-territorially under the provisions ofthis Mutual Aid Agreement.This section
shall apply with equal effect to paid,volunteer,and auxiliary employees.
SECTION V:The resources or facilities that are assigned shall be under the immediate command ofa
supervising officer designated by the assisting party.Such supervising officer shall be under the direct
supervision and command of the agency head or his designee of the agency requesting assistance.
SECTION VI:In accordance with Section 23.127(1),Florida Statutes,whenever the employees ofthe
responding agency of agencies are rendering aid outside their jurisdiction pursuant to this agreement,such
employees shall have the same powers,duties,rights,privileges,and immunities as if they were
performing their duties in the municipality in which they are normally employed or appointed.
SECTION VII:It is recognized that during the course of operation ofthis 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.
SECTION VIII:Any party may withdraw from this agreement upon written notice to ail other parties.
SECTION IX:This agreement shall remain in effect for aperiod not to exceed five years.Under
circumstances may this agreement be renewed,amended,or extended except in writing.
no
City Manager,
North Miami Beach,FL
Date Executed:
ATTEST:
City Clerk,
NorthMiamiBeach,FL
APPROVED AS TO FORM
AND CORRECTNESS ONLY/
TERMS AND CONDITIONS
PROVIDED BY OTHERS
City Attorney,
NorthMiamiBeach,FL
'CityManager,
South Miami,FL
^/?
Date Executed:il^l/7A>
ATTEST:
City Clerk,ffeftvs*
South Miami,FL
APPROVED AS TO FORM
AND CORRECTNESS
/
CityAttorney,
South Miami,FL
nm-'M?7
JJ»sL.
JOINT DECLARATION OF THE CHIEF OF THE CITY OF NORTH MIAMI BEACH POLICE
DEPARTMENT AND THE CHIEF OF THE CITY OF SOUTH MIAMI POLICE DEPARTMENT
PURSUANT TOMUTUALAID AGREEMENT
A police officer ofeither ofthe participating law enforcement agencies shall be considered to be
operating under the provisions of the mutual aid agreement when:
•participating in law enforcement activities that are preplanned and approved by each respective agency
•appropriately dispatched in response to a request for assistance from the other law enforcement
agency.
In compliance with and under the authority of the Mutual Aid agreement heretofore entered into by the
City of North Miami Beach and the City of South Miami,it is hereby declared that the following list
comprises the circumstances and conditions under which mutual aid may be requested and rendered
regarding police operations pursuant to the agreement.Said list may be amended or supplemented from
time to time as needs dictate by subsequent declarations.
1.Joint multijurisditional criminal investigations.
2.Civil affray or disobedience,disturbances,riots,large protest demonstrations,controversial trials,
political conventions,labor disputes,and strikes.
3.Any naturaldisaster.
4.Incidents which require rescue operations and crowd and traffic control measures including,but not
limited to,large scale evacuations,aircraft and shipping disasters,fires,explosions,gas line leaks,
radiological incidents,train wrecks and derailments,chemical or hazardous waste spills,and electrical
power failures.
5.Terrorist activities including,but not limited to,acts of sabotage.
6.Escapes from disturbance within detention facilities.
7.Hostage and barricaded subject situations,and aircraft piracy.
8.Control of major crime scenes,area searches,Perimeter control,back-ups to emergency and in
progress calls,pursuits,andmissing persons calls.
9.Enemy attack.
10.Transportation of evidence requiring security.
11.Major events;e.g.,sporting events,concerts,parades,fairs,festivals,and conventions.
12.Security and escort duties for dignitaries,
13.Emergency situations in which one agency cannot perform its functional objective.
14.Incidents requiring utilization of specialized units;e.g.,underwater recovery,aircraft,canine,
motorcycle,bomb,crimescene,marinepatrol,amd police information.
15.Jointtraininginareas of mutualaid.
16.Off Duty Services:City of South Miami Police Dept will be totally responsible for their officers,to
include,but not limited to,arrest,pension,insurance,disability insurance,and workman's compensation.
17.The following procedures will apply in mutual aid operations:
•Mutual aid requested or rendered willbe approved bytheChief of Police or designee.
•Specific reporting instructions for personnel rendering mutual aid should be included inthe request for
mutual aid.In the absence of such instructions,personnel will report tothe ranking on-duty supervisor
on the scene.
•Communications instructions willbeincludedineachrequestformutualaidandthe Metro-Dade
Police Department Communications Bureau will maintain radio contact withthe involved agencies
untilthemutualaidsituationhasended.Intheabsence of suchinstructions,communications willbe
conducted onamutually agreed upon police radio frequency,if not through Metro-Dade
Communications Bureau.
•Incidents requiring mass processing of arrestees,transporting prisoners,and operating temporary
detention facilities willbehandledper established procedures.
Date:
ATTEST
b*~tZt*L>
v&V-^vWilliamB.Berger^ehief ofPolice '^£ad/p~HerA&^Jr,Chief qf
City of North Miami Beach City of SouthMiami
Date:O&JMffa-}
n.„,,,fk.*/s~?7-9t&-'Ay*?City Clerk Cify Clerk '