Res No 041-23-15975RESOLUTION NO. 041-23-15975
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, APPROVING A
VOLUNTARY COOPERATION AND OPERATIONAL
ASSISTANCE MUTUAL AID AGREEMENT WITH THE
TOWN OF MEDLEY; PROVIDING FOR
AUTHORIZATION; PROVIDING FOR
IMPLEMENTATION; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the City of South Miami (the "City") is responsible for ensuring the public
safety of residents and businesses of the City by providing adequate levels of public services,
including police protection and services; and
WHEREAS, there may be natural or manmade disasters, emergencies, and other major
law enforcement problems that may cross jurisdictional boundaries; and
WHEREAS, Chapter 23, "Florida Mutual Aid Act," of the Florida Statutes authorizes
municipalities to enter into Mutual Aid Agreements for the rendering of law enforcement
assistance across jurisdictional boundaries; and
WHEREAS, the City Commission wishes to approve the law enforcement Voluntary
Cooperation and Mutual Aid Agreement between the City and the Town of Medley in substantially
the same form attached hereto as Exhibit "A" (the "Agreement"), which provides the residents and
businesses of the City with assurances of adequate levels of law enforcement services; and
WHEREAS, the City Commission finds that the Agreement and this Resolution is in the
best interest and welfare of the City.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, AS FOLLOWS:
Section 1. Recitals. The above-stated recitals are true and correct and are incorporated
herein by this reference.
Page 1 of2
Res. No. 041-23 -1 5975
Section 2 . Approval. That the C ity Commi ssi on approves the Agreement m
s ubs tantiall y th e sam e fonn attac h ed h ereto as Ex hibit "A."
Section 3. Authorization and Implementation. The C ity Manager and C hi ef of
Po li ce are a uthori ze d to execute t he Agreement, attached hereto as Exhibit "A ." The C ity Manager
and C hief of Po li ce are hereby furth e r a utho ri zed to take all actio n necessary to impl ement the
Agreeme nt and the purposes of t hi s Resolution, incl ud ing t h e executi o n of an y r e newal o r
s ub seque nt agreem ents w ith th e Town of Medley.
Section 4 . Corrections. Conforming language o r technical scriven er-type corrections
may be m ad e b y the City Atto rney for any conforming am endments to be in corporated into the
final resolution for s ig nature .
Section 5. Severabilitv. If any secti on clause, sentence, or phrase of thi s Resoluti on is
for any reason h e ld in va lid or un co nstituti onal by a court of competent jurisdiction, the h o lding
sh all not affect the validity of the remaining portions of this Resolution.
Section 6. Effective Date. This Resoluti o n s ha ll become effect ive immed iately upon adoption.
PASSED AND ADOPTED th is 18 111 d ay of April , 2023.
ATTEST:
READ AND APPROVED AS TO FORM,
LANGUAGE, LEGALITY AND
EXECUTION THEREOF
' ..
CITY ATTORNEY
APPROVED:
COMMISSION VOTE:
Mayor Fernandez :
V ice Mayor Bonich:
Comm issioner Call e:
5 -0
Yea
Yea
Yea
Commissioner Liebm an: Yea
Commiss io ner Corey: Yea
Page 2 o f2
CITY OF SOUTH MIAMI
OFFICE OF THE CITY MANAGER
INTER-OFFICE MEMORANDUM
TO:The Honorable Mayor, Vice Mayor, and Members of the City Commission
FROM: Genaro “Chip” Iglesias, City Manager
DATE: April 18, 2023
SUBJECT: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SOUTH MIAMI,
FLORIDA, APPROVING A VOLUNTARY COOPERATION AND OPERATIONAL
ASSISTANCE MUTUAL AID AGREEMENT WITH THE TOWN OF MEDLEY;
PROVIDING FOR AUTHORIZATION; PROVIDING FOR IMPLEMENTATION; AND
PROVIDINGFORANEFFECTIVEDATE.
RECOMMENDATION:Approve the voluntary cooperation and operational assistance mutual aid
agreement with the Town of Medley.
BACKGROUND:The City of South Miami is responsible for ensuring the public safety of
residents and businessesof the City,by providing adequate levels of public
services, including police protection and service. Needs may arise during
natural or manmade disasters, emergencies, and other major law
enforcement problems that may occur across jurisdictional boundaries.
Florida State Statutes Chapter 23 “Florida Mutual Aid Act” authorizes
municipalities to enter into Mutual Aide Agreements for the rendering of
law enforcement assistance across jurisdictional boundaries.
FUNDING:N/A
ATTACHMENTS:Resolution
Agreement with Town of Medley
2
THE CITY OF PLEASANT LIVING
COMBINED VOLUNTARY COOPERATION AND
OPERATIONAL ASSISTANCE
MUTUAL AID AGREEMENT
BETWEEN
THE TOWN OF MEDLEY, FLORIDA AND
CITY OF SOUTH MIAMI, FLORIDA
This Volunt~ry Cooperation and Op~rational Assistance Mutual Aid Agreement is
made as of this ~ day of ~. 202 "{-, by and between the TOWN OF MEDLEY,
FLORIDA, a Florida municipal cor~oration, hav ing its principal office at 7777 NW 72
Avenue , Medley, Florida 33166, and the CITY OF SOUTH MIAMI, FLORIDA, a Florida
municipal corporation having its principal office at 6130 Sunset Drive, South Miami,
Florida 33143, and states as follows:
WHEREAS , it is the responsibility of the governments of the Town of Medley,
Florida , and the City of South Miami, Fl o rida , 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, there is an 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 Tow n of Medley Police Department or the City of South Miami Police Department ;
and
WHEREAS, the Town of Medley and the City of South Miami are so located in
relation to each other that it is in th e best interest and advantage of each to receive and
extend mutual aid in the form of law enforcement services and resources to adequately
respond to:
(1) Continuing, multi-jurisdictional criminal activity, so as to protect the public
peace and safety, and preserve th e lives and property of the people; and
(2) Intensive situations incl uding, but not limited to, natural or manmade
disasters or emergencies as defined under Section 252.34, Florida
Statutes; and
(3) Joint provision of certain law enforcement services specified here in and
allowed pursuant to Florida Statute 166.0495; and
WHEREAS, the Town of Medley and the City of South Miami have the authority
under The Mutual Aid Act, Chapter 23, Part I, Florida Statutes, to enter into a combined
mutual aid agreement for law enforcement servi ces w hich :
(1) Permits voluntary cooperation and assistance of a routine law
enforcement nature across jurisdictional lines; and
(2) Provides for rendering of assistance in a law enforcement emergency.
NOW, THEREFORE, BE IT KNOWN, that the Town of Medley, a political
subdivision of the State of Florida, and the City of South Miami a Florida municipal
corporation, 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.
SECTION 1: PROVISIONS FOR VOLUNTARY COOPERATION
Each of the aforesaid law enforcement agencies hereby approve and enter into
this agreement whereby each of the agencies may provide voluntary cooperation and
assistance of a routine law enforcement nature across jurisdictional lines. The nature of
the law enforcement assistance to be rendered shall include but not be limited to:
a. Concurrent law enforcement jurisdiction in and throughout the territorial
limits of the Town of Medley and the City of South Miami for arrests, made
pursuant to the· laws of arrest, for felonies and misdemeanors, including
arrestable traffic offenses, which spontaneously take place in the
presence of the arresting officer, at such times as the arresting officer is
traveling from place to place on official business outside of his or her
jurisdiction, for example, to or from court, or at any time when the officer is
within the territorial limits of his or her jurisdiction.
b. Concurrent law enforcement jurisdiction in and throughout the territorial
limits of the Town of Medley and the City of South Miami for arrests, made
pursuant to the laws of arrest, of persons identified as a result of
investigations of any offense constituting a felony or any act of Domestic
Violence as defined in Section 741.28, Florida Statutes, when such
offense occurred in the municipality employing the arresting officer.
c. Concurrent law enforcement jurisdiction in and upon the jurisdictional
waters of the Town of Medley and the City of South Miami for arrests,
made pursuant to the laws of arrest, for felonies, misdemeanors and
boating infractions when committed within the officer's jurisdiction but the
accused is found in the cooperating agency's jurisdiction.
d. Participating in exigent situations, without the need for a formal request,
including, but not limited to, area searches for wanted subjects,
perimeters, crimes in progress, escaped prisoners, traffic stops near
municipal boundaries, requests for assistance when no available local
units are nearby, calls indicating a crime or incident has occurred in which
a citizen may likely be injured and the assisting municipality is closer to
the area than the officer receiving the call.
e. Concurrent law enforcement jurisdiction in and throughout the territorial
limits of the Town of Medley and the City of South Miami for investigations
of homicides, sex offenses, robberies, assaults, batteries, burglaries,
larcenies, gambling, motor vehicle thefts, drug violations pursuant to
Chapter 893, Florida Statutes, and inter-agency task forces and/or joint
investigations.
Prior to any officer taking enforcement action pursuant to paragraphs (a) through
(e) above, the officer shall notify 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 the action as practicable. If the agency having normal jurisdiction
responds to the scene the assisting agency's officer may turn the situation over to them
and offer any assistance requested including, but not limited to, a follow-up written
report documenting the event and the actions taken.
These provisions are not intended to grant general authority to conduct
investigations, serve warrants and/or subpoenas or to respond without request to
emergencies already being addressed by the agency of normal jurisdiction, but is
intended to address critical, life-threatening or public safety situations, prevent bodily
injury to citizens, or secure apprehension of criminals whom the law enforcement officer
may encounter.
SECTION II: PROVISIONS FOR OPERATIONAL ASSISTANCE
The aforesaid law enforcement agencies hereby approve and enter into this
agreement whereby each of the agencies may request and render law enforcement
assistance to the other to include, but not necessarily be limited to dealing with, the
following:
1. Joint multi-jurisdictional criminal investigations.
2. Civil affray or disobedience, disturbances, riots, large protest
demonstrations and assemblies, controversial trials, political conventions,
labor disputes, and strikes.
3. Any natural, technological or manmade disaster.
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, or disturbances within, prisoner processing 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, and missing person 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. Incidents requiring utilization of specialized units; e.g., underwater
recovery, marine patrol, aircraft, canine, motorcycle, bicycle, mounted,
SWAT, bomb, crime scene and police information.
14. Emergency situations in which one agency cannot perform its functional
objective.
15. Joint training in areas of mutual need.
16. Joint multi-jurisdictional marine interdiction operations.
17. Off-duty special events.
18. DUI Checkpoints.
SECTION Ill: PROCEDURE FOR REQUESTING OPERATIONAL ASSISTANCE
1. Mutual aid requested or rendered will be approved by the Chief of Police,
or designee. The Chief of Police, or designee, of the agency whose
assistance is sought shall evaluate the situation and the agency's
available resources, consult with his/her supervisors, if necessary, and will
respond in a manner he/she deems appropriate.
2. The Chief of Police in whose jurisdiction assistance is being rendered may
determine who is authorized to lend assistance in his/her jurisdiction, for
how long such assistance is authorized, and for what purpose such
authodty is granted. This authority may be granted either verbally or in
writing as the particular situation dictates.
3. Specific reporting instructions for personnel rendering mutual aid will be
included in the request for mutual aid. In the absence of such reporting
instructions, personnel will report to the ranking on-duty supervisor on the
scene.
4. Communications instructions should be included in each request for
mutual aid and each agency's communications centers will maintain radio
contact with each other until the mutual aid situation has ended.
5. Incidents requiring mass processing of arrestees, transporting prisoners,
and operating temporary detention facilities will be handled per
established procedures of the requesting agency or Chief of Police
involved
SECTION IV: COMMAND AND SUPERVISORY RESPONSIBILITY
a. COMMAND:
The personnel and equipment that are assigned by the assisting Chief of
Police shall be under the immediate command of a supervising officer
designated by the assisting Chief of Police. Such supervising officer shall
be under the direct supervision and command of the Chief of Police or
his/her designee of the agency requesting assistance.
b. CONFLICTS:
Whenever an officer is rendering assistance pursuant to this agreement,
the officer shall abide by and be subject to the rules and regulations,
personnel policies, general orders, and standard operating procedures of
his/her own employer. If any such rule, regulation, personnel policy,
general order or standing operating procedure is contradicted,
contravened or otherwise in conflict with a direct order of a superior officer
of the requesting agency, then such rule, regulation, policy, general order
or procedure shall control and shall supersede the direct order.
c. 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 Chief of
Police or his/her designee of the agency employing the officer who is the
subject of the complaint shall be responsible for the investigation of the
complaint. The Chief of Police or designee of the requesting agency
should ascertain at a minimum:
1. The identity of the complainant;
2. An address where the complaining party can be contacted;
3. The specific allegation; and
4. The identity of the employees accused without regard as to agency
affiliation.
If it is determined during the investigation of a complaint that the accused is an
employee of the assisting agency, the above information, with all pertinent
documentation gathered during the receipt and processing of the complaint, shall be
forwarded without delay to the 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 employees of the requesting agency violated
any of their agency's policies or procedures.
SECTION V: LIABILITY
Each party engaging in any mutual cooperation and assistance, pursuant to this
agreement, agrees to assume responsibility for the acts, omissions or conduct of such
party's own employees while engaged in rendering such aid pursuant to this agreement,
subject to the provisions of Section 768.28, Florida Statutes, where applicable.
SECTION VI: POWERS, PRIVILEGES, IMMUNITIES AND COSTS
a. Employees of the Town of Medley and the City of South Miami when
actually engaging in mutual cooperation and assistance outside of their
normal jurisdictional limits but inside this State, under the terms of this
agreement, shall, pursuant to the provisions of Section 23.127 (1 ), Fla.
Stat. (as amended), have the same powers, duties, rights, privileges and
immunities as if the employee was performing duties inside the
employee's political subdivision in which normally employed.
b. Each party agrees to furnish necessary personnel equipment, resources
and facilities and to render services to each other party to this 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. ·
c. The municipality that furnishes equipment pursuant to this agreement
must 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. The municipality furnishing aid pursuant to this agreement shall
compensate its employees during the time of the rendering of aid and
shall defray (provide for the payment of) the actual travel and maintenance
expenses of its employees while they are rendering aid, including any
amounts paid or due for compensation for personal injury or death while
its employees are rendering aid.
e. The privileges and immunities from liability, exemption from laws,
ordinances and rules, and 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 engaged in the performance of
the employee's duties extraterritorially under the provisions of this mutual
aid agreement. This section applies to paid, volunteer, reserve 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.
SECTION VII: FORFEITURES
It is recognized that during the course of the operation of this agreement,
property subject to forfeiture under Sections 932.701-932.707, Florida Statutes, known
as the "Florida Contraband Forfeiture Act," 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 pursuant of the
provisions of the "Florida Contraband Forfeiture Act."
SECTION VIII: INSURANCE
Each municipality shall provide, upon request, satisfactory proof of liability
insurance by one or more of the means specified in Section 768.28 , Florida Statutes , in
an amount which is , in the judgment of the governing body of that municipality, at least
adequate to cover the risk to which that party may be exposed. Should the insu rance
coverage, however provided , of any party be canceled or undergo material change, that
party shall notify all parties to this agreement of such change within ten (10) days of
receipt of the notice or actual knowledge of such change.
SECTION IX: EFFECTIVE DA TE
This agreement shall take effect upon execution and approval by the hereinafter
named officials and shall continue in full force and effect until ft'\~ .3 , 2026 .
Under no circumstances may this agreement be renewed , amend or extended except
in writing.
SECTION X: CANCELLATION
Either party may cancel its participation in this agreement upon delivery of written
notice to the other municipality.
IN WITNESS WHEREOF, the parties hereto cause to these presents to be
signed on the date first written above.
AGREED AND ACKNOWLEDGED this
Mayor
Town of M
Date: 1--0
~IC~O IA -MA I.N E~
i9w;_:H;;le rk .• ··Q"< ~
T6'tirf'l)J.·MecHe~<AQ 8da
APP'R~!,EqW\~\ro FORM AND
LEGAL si'.JFF c 1E ('.)
~ lf./1/)
MICHAEL PIZZI, Q .
Tow n Attorney
Town of Medley, Florida
Qa,.,d' c) ·~ ~_)
--ETTE SAIIJ.:JINETE
Chief of Police
Town of Medley, Florid a
----
Genaro Chip Iglesias, City Man ger
City of So r h Miami, Florida
Date : 5 ':Vj.J3
ATTEST:
NKEN ~APAY
City Clerk
City of South Miami, Florida
APPROVED AS TO FORM AND
LEGAL SUFF IC IE NCY:
~,
Cit
Rt of Police
City of South Miami, Fl orid a
Agenda Item No:1.
City Commission Agenda Item Report
Meeting Date: April 18, 2023
Submitted by: John Barzola
Submitting Department: Police Department
Item Type: Resolution
Agenda Section:
Subject:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, APPROVING A
VOLUNTARY COOPERATION AND OPERATIONAL ASSISTANCE MUTUAL AID AGREEMENT WITH THE
TOWN OF MEDLEY; PROVIDING FOR AUTHORIZATION; PROVIDING FOR IMPLEMENTATION; AND
PROVIDING FOR AN EFFECTIVE DATE. (CITY MANAGER-POLICE DEPT.)
Suggested Action:
Attachments:
Memo-Mutual Aid Medley
Resolution Approving Mutual Aid Agreement with Town of Medley 2023.docx
Exhibit A - South Miami Mutual Aid Agreement 2023.pdf
1