Res No 062-23-15995RESOLUTION NO. 062-2.1-159'5
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, APPROVING A
MUTUAL AID AGREEMENT AND A JOINT
DECLARATION WITH THE CITY OF SWEETWATER;
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 an4 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 Mutual Aid
Agreement and Joint Declaration between the City and the City of Sweetwater 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. lledtals. The above-stated recitals are true and correct and are incorporated
herein by this reference.
Seetfon 2. ApprovaL That the City Commission approves the Agreement in
substantially the same form attached hereto as Exhibit "A."
Page 1 of2
Res. No. 062-23-15995
Section 3. Authorization and Implementation. The City Manager and Chief of
Police are authorized to execute the Agreement, attached hereto as Exhibit ''A.'' The City Manager
and Chief of Police are hereby further authorized to take all action necessary to implement the
Agreement and the purposes of this Resolution, including the execution of any renewal or
subsequent agreements with the City of Sweetwater.
Section 4. Corrections. Conforming language or technical scrivener-type corrections
may be made by the City Attorney for any conforming amendments to be incorporated into the
final resolution for signature.
Section 5. Severability. If any section clause, sentence, or phrase of this Resolution is
for any reason held invalid or unconstitutional by a court of competent jurisdiction, the holding
shall not affect the validity of the remaining portions of this Resolution .
Section 6. Effective Date. This Resolution shaU become effective immediately upon adoption .
PASSED AND ADOPTED this 61h day of June, 2023.
ATTEST:
CITYC\iRK
READ AND APPROVED AS TO FORM,
LANGUAGE, LEGALITY AND
EXECUTION THEREOF
& BIERMAN,"P.L.
CITY ATTORNEY
APPROVED:
COMMISSION VOTE:
Mayor Fernandez:
Vice Mayor Bonicb:
Commissioner Calle:
5-0
Yea
Yea
Yea
Commissioner Liebman: Yea
Commissioner Corey: Yea
Page2 of2
Agenda Item No:2.
City Commission Agenda Item Report
Meeting Date: June 6, 2023
Submitted by: Nkenga Payne
Submitting Department: City Clerk
Item Type: Resolution
Agenda Section:
Subject:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, APPROVING A
MUTUAL AID AGREEMENT AND A JOINT DECLARATION WITH THE CITY OF SWEETWATER; PROVIDING
FOR AUTHORIZATION; PROVIDING FOR IMPLEMENTATION; AND PROVIDING FOR AN EFFECTIVE DATE.
3/5 (CITY MANAGER-POLICE DEPT.)
Suggested Action:
Attachments:
Memo_Mutual_Aid_Sweetwater.docx
Resolution_Approving_Mutual_Aid_Agreement_with_City_of_Sweetwater2023 - CAv1.docx
Mutual Aid Agreement (Sweetwater and South Miami).pdf
1
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: June 6, 2023
SUBJECT: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SOUTH MIAMI,
FLORIDA, APPROVING A MUTUAL AID AGREEMENT AND A JOINT DECLARATION
WITHTHECITYOFSWEETWATER;PROVIDINGFORAUTHORIZATION;PROVIDING
FORIMPLEMENTATION;ANDPROVIDINGFORANEFFECTIVEDATE.
RECOMMENDATION:Approve the mutual aid agreement and joint declaration with the City of
Sweetwater.
BACKGROUND:The City of South Miami 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 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 City of Sweetwater
2
THE CITY OF PLEASANT LIVING
MUTUAL AID AGREEMENT
BETWEEN THE CITY OF SWEETWATER AND
THE CITY OF SOUTH MIAMI
Whereas, it is the responsibility of the governments of the City of Sweetwater, and
the City of South Miami, 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
Sweetwater Police Department or the City of South Miami Pol ice Department; and
Whereas, in order to ensure that the resources of these law enforcement agencies
will be adequate to address any and all these conditions, to protect the public peace and
safety, and to preserve the lives and property of the people of the City of Sweetwater and the
City of South Miami; and
Whereas, City of Sweetwater and the City of South Miami have the authority under
Chapter 23, Florida Statutes, the "Florida Mutual Aid Act," to enter into this Mutual Aid
Agreement.
NOW, THEREFORE, BE IT KNOWN that the City of Sweetwater and the City
of South Miami, municipal corporations of the State of Florida, by and through their
undersigned representatives, in consideration for mutual promises to render valuable aid
in times of necessity, do hereby agree to fully and faithfull y abide by and be bound by the
following terms and conditions :
1. Short Ude; Mutual Aid Agreement.
2 . Description; This Mutual Aid Agreement ("Agreement") provides for the
requesting and rendering of assistance for both routine and law enforcement intensive situations;
thus, this Agreement combines the _elements of both a voluntary cooperation agreement and a
requested operational assistance agreement, as described in Chapter 23, Florida Statutes.
11Page
3.
4.
PcflniUgns:
a. Joint Declaration: A document which enumerates the various conditions
or situations where aid may be requested or rendered pursuant to this
Agreement, as detennined by concerned police agency heads.
Subsequent to execution by the concerned agency heads, the joint
declaration shall be filed with the clerks of the respective municipalities
and shall thereafter become part of this Agreement Said declaration
may be amended or supplemented by mutual agreement at any time, upon
filing a subsequent declaration with the clerks of the respective
municipalities. A copy of the Joint Declaration is attached hereto as
Exhibit "A."
b. Law Enforcement Agencies: The Police Department of the City of
Sweetwater and/or the Police Department of the City of South Miami.
c. Agency Head: Either the Chief of the City of Sweetwater
Police Department or the Chief's designees; and the Chief of the
City of South Miami Police Department, or the Chief's designees.
d. Participating Municipal Police Department: The Police
Department of any municipality in Miami-Dade County, Florida, that
has approved and executed this Agreement upon the approval of the
governing body of that municipality.
e. Certified Law Enforcement Employee: Any law enforcement
employee certified as provided in Chapter 943, Florida Statutes.
QneratJ 0 u1:
a. In the event that a party to this Agreement is in 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/her available resources, and will respond in a manner
21Page
deemed appropriate. The Agency Head's decision in this regard shall
be final.
b. Each party to this Agreement agrees to furnish 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 no party
shall 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 definition to the requesting Agency, and for giving 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.
s. Powet1, er1y11eges, •rnrn°otUn, 104 com:
a. All employees of the participating Law Enforcement Agencies,
including Certified Law Enforcement Employees, during such time
that said employees are actually providing aid outside of the
jurisdictional limits of the employed municipality pursuant to a
request for aid ~e in accordance with this Agreement, shall,
pursuant to the provisions of Chapter 23, Florida Statutes, have the same
powers, duties, rights, privileges, and immunities as if they were
performing their duties in the municipality in which they are nonnally
employed. Should a violation of Florida law occur in the presence of a
Certified Law Enforcement Employee representing his/her respective
Law Enforcement Agency in furtherance of this Agreement, he/she shall
be empowered to render enforcement assistance and act in accordance
with Florida law.
3IPage
b. Each party agrees to furnish equipment, resources and facilities, and to
render services to the other party to this Agreement as provided for
herein; provided, however, that no party shall be required to unreasonably
deplete its own equipment, resources, facilities and services in furnishing
such mutual aid.
c. The municipality having financial responsibility for the Law
Enforcement Agency providing services, personnel, equipment, or
facilities pursuant to provisions of this Agreement shall bear any loss
or damage to same and shall pay any and all expenses incurred in the
maintenance and operation of same.
d. The municipality having financial responsibility for the Law
Enforcement Agency providing aid pursuant to this Agreement shall
compensate all of its employees rendering aid pursuant to this
Agreement during the time of the rendering of such aid and shall defray
actual travel and maintenance expenses of such employees while they are
rendering such aid. Such compensation shall include any amounts paid
or due for compensation due to personal injury or death while such
employees are engaged in rendering such aid, and also include all
benefits normally due such employees. Notwithstanding the foregoing, if
the requesting Law Enforcement Agency receives compensation from the
Federal Emergency Management Agency, the requesting Law
Enforcement Agency may compensate the assisting Law Enforcement
Agency during the time of the rendering of such aid and may defray the
actual travel and maintenance expenses of the Certified Law
Enforcement Employees while they are rendering such aid, including any
amounts paid or due for compensation as a result of personal injury or
death while such Certified Law Enforcement Employees are rendering
such aid pursuant to this Agreement.
d. All of the privileges and immunities from liability, exemption from
ordinances and rules, and all pension, insurance, relief, disability,
workers' compensation, salary, death, and other benefits which apply to
41Page
the activity of such officers, agents, or employees of any such agency
when performing their respective functions within the territorial limits of
their respective agencies shall apply to them to the same degree, manner,
and extent while engaged in the performance of their functions and
duties extratenitorially under the provisions of this Agreement The
provisions of this Agreement shall apply with equal effect to paid and
auxiliary employees.
f. Nothing herein shall prevent the Agency requesting assistance under this
Agreement to request supplemental appropriations from its City Council
to reimburse the assisting Agency for any actual costs or expenses incurred
in providing such assistance.
6. Jp4mmifJGPd9Pi The municipality having financial responsibility for the Law Enforcement
Agency providing aid pursuant to this Agreement agrees to hold hannless, defend, and indemnify
the requesting Law Enforcement Agency and its municipality in any suit, actions, or 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, where
applicable. Nothing contained in this Agreement shall be construed or interpreted to be a waiver
of sovereign immunity by either party.
7. Forfeltpre,; It is recognized that during the course of the operation of this Agreement,
property subject to forfeiture under 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, less the costs associated with the forfeiture action. Any participating agency must
request sharing, in writing before the entry of the Final Order of Forfeiture, or they will be bmed
from claiming any portion of the property forfeited The agency pursuing the forfeiture action
shall have the exclusive right to control and the responsibility to maintain the property, including,
but not limited to, the complete discretion to bring the action, or to dismiss the action, or settlement.
This shall occur pursuant to the provisions of the Florida Contraband Forfeiture Act.
SIPage
8. Conflicts: Any conflicts between this Agreement and tllC Florida Mutual Aid
Act will be controlled by the provisions of the latter, whenever conditions exist that are within
the definitions and provisions in Chapter 23 , Florida Statutes.
9. Effective Date and Duration: This Agreement shall be in effect from date of signing
by both parties, through and including, May 31, 2028. Under no circumstances
may this Agreement be renewed, amended, or extended except in writing.
I 0. Cancellation: This Agreement may be canceled by either party upon sixty (60)
days written notice to the other party.
Sergio Di z
Chief of Police
City of sw::;,4F1orld,
Date: -J-'6' /Z3
Carmen Garcia
City erk
City of Sweetwater, Fl/rida
Date: q z.:z_.l Z..J
Ralph Ventura
City Attorney
Date: ___ ___.9 ....... )....::..2..=-Z,,.L...:j ~:..-::.J __
day of May
Iglesias, Ci
City of i, Florida
ice
r th/Miami, Florida
Date: 8 {i Jj
I
Attest:
City Clerk
City of S{utl/ M iami, Florida
Date: [' }t 1? t
Approved as to form and legal sufficiency:
le and Bierman
City Attorne~ -j/l
Date: u -r-d 3
GI Page
EXHIBIT "A"
JOINT DECLARATION OF THE CHIEF OF POLICE OF THE CITY OF
SWEETWATER POLICE DEPARTMENT AND THE CHIEF OF POUCE/Clty
Manager OF THE CITY OF SOUTH MIAMI POLICE DEPARTMENT PURSUANT
TO MUTUAL AID AGREEMENT
A 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 that are pre-planned and approved by each
respective Agency Head, or
• 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 Sweetwater 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 by subsequent declarations.
1) Joint multi-jurisdiction criminal investigations.
2) Civil affray or disobedience, disturbance, riots, large protest demonstrations, controversial
trials, political conventions, labor disputes, and strikes.
3) Any natural disaster.
4) Incidents that require rescue operations and crowd 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.
S) Terrorist activities including, but not limited to, acts of sabotage.
6) Escapes from or disturbances within detention facilities.
7) Hostage and barricaded subject situations, and aircraft piracy.
8) Control of major crimes scenes, area searches, perimeter control, backups to emergency and
in-progress calls, pursuits, and missing persons' calls.
9) Enemy attack.
10) Transportation of evidence requiring security.
71Page
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, crime scene, marine patrol, and police information.
1S)Joint training in areas of mutual need.
16) Participating in exigent situations, without the need for a fonnal request, which situations are
spontaneous occurrences such as area searches for wanted subjects, perimeters, crimes in
progress, escaped prisoners, traffic stops near municipal boundaries, request for assistance
when no available units are nearby, calls or transmissions indicating an officer is injured,
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.
17) Mutual enforcement of all existing applicable laws and ordinances and exercise of arrest
powers within the area compris!ng the respective jurisdictional municipal boundaries.
The following procedures wUl apply in mutual aid operations:
I) Mutual aid requested or rendered will be approved by the Chief of Police designee. Specific
reporting instructions for personnel rendering mutual aid should be included in the request
for mutual aid. In the absence of such insbUctions, personnel will report to the ranking On-
duty Supervisor on the scene.
2) Communications instructions will be included in each request for mutual aid and the Miami
Dade Police Department Communications Bureau will maintain radio contact with the
involved Agencies until the mutual aid situation has ended.
3) Incidents requiring mass processing of arrestees, ttansporting prisoners, and operating
temporary detention facilities will be handled per established procedures.
(SIGNATURES ON FOLLOWING PAGE)
81Page
City ofS
Attest:
Carmen Garcia
City Cle k ----~ City of Swe
Date: --------~---1--~1/ 7,,1,,,/ 2,>
Approved as to fonn and
Legal su fficienc ,_>·--
Ralph Vent ura
City Attorney a/ U / 2.. "l Date: _____ -, ___ Y __ _
t!naro Iglesias
City Manager
City of Sout/ Mt mi, F lorida
Date: ;ff I )J -23
I I
Attest:
City Clerk
City of Sou;h t\J.i ami, Florida
Date: S Ir 2 ] I
Approved as to fom1 and
legal sufficiency:
\!~le and Biennan
City Attorney
Date: (0 -I L/-J-3
9 I Page
1 | Page
MUTUAL AID A GREEMENT
BETWEEN THE CITY OF SWEETWATER AND
THE CITY OF SOUTH MIAMI
Whereas, it is the responsibility of the governments of the City of Sweetwater, and
the City of South Miami, 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
Sweetwater Police Department or the City of South Miami Police Department; and
Whereas, in order to ensure that the resources of these law enforcement agencies
will be adequate to address any and all these conditions, to protect the public peace and
safety, and to preserve the lives and property of the people of the City of Sweetwater and the
City of South Miami; and
Whereas, City of Sweetwater and the City of South Miami have the authority under
Chapter 23, Florida Statutes, the “Florida Mutual Aid Act,” to enter into this Mutual Aid
Agre ement.
NOW, THEREFORE, BE IT KNOWN that the City of Sweetwater and the City
of South Miami, muni cipal corporations of the State of Florida, by and through their
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: This Mutual Aid Agreement ( “ Agreement ” ) provides for the
requesting and rendering of assistance for both routine and law enforcement intensive situations;
thus, this Agreement combines the elements of both a voluntary cooperation agreement and a
requested oper ational assistance agreement, as described in Chapter 23, Florida Statutes.
5
2 | Page
3. Definitions:
a. Joint Declaration: A document which enumerates the various conditions
or situations where aid may be requested or rendered pursuant to this
Agreement, as determined by concerned police agency heads.
Subsequent to execution by the concerned agency heads, the joint
declaration shall be filed with the clerks of the respective municipalities
and shall thereafter become part of this Agreement. Said declaration
may be amended or supplemented by mutual agreement at any time, upon
filing a subsequent declaration with the clerks of the respective
municipaliti es. A copy of the Joint Declaration is attached hereto as
Exhibit “A.”
b. Law Enforcement Agencies: The Police Department of the City of
Sweetwater and/or the Police Department of the City of South Miami.
c. Agency Head : Either the Chief of the City of Sweetwater
Police Department or the Chief's designees; and the Chief of the
City of South Miami Police Department, or the Chief's des igne es.
d. Participating Municipal Police Depart ment: The Police
Departm ent of any municipality in Miami-Dade County, Florida, that
has approved and executed this Agreement upon the approval of the
governing body of that munici palit y.
e. Certified Law Enf orc ement Employ ee: Any law enf orcem ent
employee certified as provided in Chapter 943, Florida Statut es.
4. Operations:
a. In the event that a party to this Agreement is in 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/her available resources, and will respond in a manner
6
3 | Page
deemed appropriate. The Agency Head’s decision in this regard shall
be final.
b.Each party to this Agreement agrees to furnish 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 no party
shall be required to deplete unreasonab ly its own manpower,
equ ipment, facilities, and other resources and services in rendering
such assista nce.
c.The Agency Heads of the participating Law Enforcement Agencies, or
their designees, shall establish procedures for giving control of the
mission definition to the requesti ng Agency, and for giving tactical
control over accomp lishing any such assigned mission and supervisory
control over all personnel or equipment provided pursuant to this
Agreem ent to the providing Agency.
5.Powers, Privileges, Immunities, and Costs:
a.All employ ees of the participating Law Enfo rcement Agencies,
including Certified Law Enforcement Employees, during such tim e
that said employees are actually providing aid outside of the
jurisdictional limits of the employed municipality pursuant to a
request for aid made in accorda nce with thi s Agreement, shall,
pursuant to the provisions of Chapter 23, Florida Statutes, 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. Should a violation of Florida law occur in the presence of a
Certi fied Law Enforcement Emplo yee representing his/her respective
Law Enfor cement Agency in furtherance of this Agreement, he/she shall
be empowered to rend er enforcement assist ance and act in accordanc e
with Florida law.
7
4 | Page
b.Each party agrees to furnish equipment, resources and facilities, and to
render services to the other party to this Agreement as provided for
herein; provided, however, that no part y shall be required to unreasonably
deplete its own equipment, resources, facilities and services in furnishing
such mutual aid.
c.The municipality having financial responsibilit y for the Law
Enforcement Agency providing services, personnel, equipment, or
facilities pursuant to pr ovis ions of this Agreement shall bear any loss
or damage to same and shall pay any and all expenses incurred in the
maintenance and operation of same.
d.The municipality having financial responsibility for the Law
Enforcement Agency providing aid pursuant to this Agreement shall
compensate all of its employees rendering aid pursuant to this
Agreement during the time of the rendering of such aid and shall defray
actual travel and maintenance expenses of such employees while they are
rendering such aid. Such compensation shall include any amounts paid
or due for compensation due to personal injury or death while such
employees are engaged in rendering such aid, and also include all
benefits normally due such employees. Notwithstanding the foregoing, if
the requesting Law Enforcement A gency rec eives compensation from the
Feder al Em ergen cy Managem ent Agen cy, the reque sting Law
Enfor cement Agency m ay com pensate the assis ting Law Enfor cement
Agency during the time of the rendering of su ch aid and may def ray the
actual travel and maintenance expen ses of the Certified Law
Enfor cement Emplo yees while th ey are rend ering such aid, including an y
amounts paid or due for compens ation as a resu lt of perso nal inju ry or
death while such Certi fied Law Enforcement Employees are rendering
such aid pursuant to this Agreement.
d.All of the privileges and immunities from liability, exemption from
ordinances and rules, and all pension, insurance, relief, disability,
workers' compensation, salary, death, and other benefits which apply to
8
5 | Page
the activity of such officers, agents, or employees of any such agency
when performing their respective functions within the territorial limits of
their respective agencies shall apply to them to the same degree, manner,
and extent while engaged in the performance of their functions and
duties extraterritorially under the provisions of this Agreement. The
provisions of this Agreement shall apply with equal effect to paid and
auxiliary employees.
f.Nothing herein sh all prevent the Agency requestin g assistance under this
Agre ement to requ est supplemental appropriations from its City Council
to reimburs e the assisting Agency for any actual costs or expens es incurred
in providing such assi stance.
6.Indemnification: The municipality having financial responsibility for the Law Enforcement
Agency providing aid pursuant to this Agreement agrees to hold harmless, defend, and indemnify
the requesting Law Enforcement Agency and its municipality in any suit, actions, or 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, where
app licable. Nothing contained in this Agreem ent shall be construed o r interpreted to be a waiv er
of sovereign immunity by either party.
7.Forfeitures: It is recognized that during the course of the operation of this Agreement,
property subject to forfeiture under 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, less the costs associated with the forfeiture action. Any participating agency must
request sharing, in writing before the entry of the Final Order of Forfeiture, or they will be barred
from claiming any portion of the property forfeited. The agency pursuing the forfeiture action
shall have the exclusive right to control and the responsibilit y to maintain the property, including,
but not limited to, the complete discreti on to bring the action, or to dismiss the action, or settlement.
This shall occur pursuant to the provisions of the Florida Contraband Forfeiture Act.
9
6 | Page
8.Conflicts: Any conflicts between this Agreement and the Florida Mutual Aid
Act will be controlled by the provisions of the latter, whenever conditions exist that are within
the definitions and provisions in Chapter 23, Florida Statutes.
9.Effective Date and Duration: This Agreement shall be in effect from date of signing
by both parties, through and including, May 31, 2028. Under no circumstances
may this Agreement be renewed, amended, or extended except in writing.
10.Cancellation: This Agreement may be canceled by either party upon sixty (60)
days written notice to the other party.
AGREED TO AND ACKNOWLEDGED this day of May 2023.
Jose Diaz
Mayor City of Sweetwater, Florida
Date:
Genaro Iglesias, City Manager
City of South Miami, Florida
Date:
Rene Landa
Chief of Police
City of South Miami, Florida
Date:
Sergio Diez
Chief of Police
City of Sweetwater, Florida
Date:
Attest: Attest:
Carmen Garcia Nkenga Payne
City Clerk City Clerk
City of Sweetwater, Florida City of South Miami, Florida
Date: Date:
Approved as to form and legal sufficiency: Approved as to form and legal sufficiency:
Ralph Ventura Weiss Serota Helfman Cole and Bierman
City Attorney City Attorney
Date: Date:
10
7 | Page
EXHIBIT “A”
JOINT DECLARATION OF THE CHIEF OF POLICE OF THE CITY OF
SWEETWATER POLICE DEPARTMENT AND THE CHIEF OF POLICE/City
Manager OF THE CITY OF SOUTH MIAMI POLICE DEPARTMENT PURSUANT
TO MUTUAL AID AGREEMENT
A 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 that are pre-planned and approved by each
respective Agency Head, or
•Appropriately dispatched in response to a request for assistance from the other law
enforcement agency.
In compliance with and under the authorit y of the Mutual Aid Agreement heretofore entered into
by the City of Sweetwater 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 by subsequent declarations.
1)Joint multi-jurisdiction criminal investigations.
2)Civil affray or disobedience, disturbance, riots, large protest demonstrations, controversial
trials, political conventions, labor disputes, and strikes.
3)Any natural disaster.
4)Incidents that require rescue operations and crowd 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 detention facilities.
7)Hostage and barricaded subject situations, and aircraft piracy.
8)Control of major crimes scenes, area searches, perimeter control, backups to emergency and
in-progress calls, pursuits, and missing persons’ calls.
9)Enemy attack.
10)Transportation of evidence requiring security.
11
8 | Page
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, crime scene, marine patrol, and police information.
15)Joint training in areas of mutual need.
16)Participating in exigent situations, without the need for a formal request, which situations are
spontaneous occurrences such as area searches for wanted subjects, perimeters, crimes in
progress, escaped prisoners, traffic stops near municipal boundaries, request for assistance
when no available units are nearby, calls or transmissions indicating an officer is injured,
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.
17)Mutual enforcement of all existing applicable laws and ordinances and exercise of arrest
powers within the area comprising the respective jurisdictional municipal boundaries.
The following procedures will apply in mutual aid operations:
1) Mutual aid requested or rendered will be approved by the Chief of Police designee. Specific
reporting instructions for personnel rendering mutual aid should be included in the request
for mutual aid. In the absence of such instructions, personnel will report to the ranking On-
duty Supervisor on the scene.
2) Communications instructions will be included in each request for mutual aid and the Miami
Dade Police Department Communications Bureau will maintain radio contact with the
involved Agencies until the mutual aid situation has ended.
3)Incidents requiring mass processing of arrestees, transporting prisoners, and operating
temporary detention facilities will be handled per established procedures.
[SIGNATURES ON FOLLOWING PAGE]
12
9 | Page
Genaro Iglesias
City Manager
City of South Miami, Florida
Date:
Sergio Diez
Chief of Police
City of Sweetwater, Florida
Date:
Attest: Attest:
Carmen Garcia Nkenga Payne
City Clerk City Clerk
City of Sweetwater, Florida City of South Miami, Florida
Date: Date:
Approved as to form and Approved as to form and
Legal sufficiency: legal sufficiency:
Ralph Ventura Weiss Serota Helfman Cole and Bierman
City Attorney City Attorney
Date: Date:
13