02-15-05 Item 10CITY OF SOUTH MIAMI
OFFICE OF THE CITY MANAGER
INTER - OFFICE MEMORANDUM
TO: Honorable Mayor, Vice Mayor
and City Commission ,
FROM: Maria V. Davis
City Manager
RESOLUTION
a,
Date: February 15, 2005
Re: Agenda Item #
Comm. Mtg 02/15/2005
Mutual Aid Agreement
with the of Village Miami
Shores Police Department
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
VILLAGE OF MIAMI SHORES POLICE FOR GENERAL AND SPECIFIC
LAW ENFORCEMENT DUTIES ON BEHALF OF THE CITY OF SOUTH
MIAMI POLICE DEPARTMENT PURSUANT TO SECTION 23.1225 (3),
FLORIDA STATUTES; AND PROVIDE FOR AN EFFECTIVE DATE.
BACKGROUND AND ANALYSIS
The Florida State Statutes (Chapter 23) authorize the governing body of municipalities to
empower the Chief Executive Officer of the municipality to enter into agreements for shared law
enforcement services in specific times of need.
As a matter of course this agreement should be renewed every five years (recommendation of the
Florida Department of Law Enforcement, the agency statutorily charged with the administration
of mutual aid within the state).
This agreement allows the South Miami Police Department to draw upon the resources of the
Miami Shores Police Department in furtherance of the law enforcement mission, including
personnel and equipment, and provides for reciprocity.
This Mutual Aid Agreement has been reviewed and approved as to form by the City Attorney.
RECOMMENDATION
Your approval is recommended.
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RESOLUTION NO.
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 VILLAGE OF MIAMI SHORES POLICE FOR GENERAL
AND SPECIFIC LAW ENFORCEMENT DUTIES ON BEHALF OF
THE CITY OF SOUTH MIAMI POLICE DEPARTMENT PURSUANT
TO SECTION 23.1225 (3), FLORIDA STATUTES; AND PROVIDE FOR
AN EFFECTIVE DATE.
WHEREAS, Chapter 23 Florida Statutes, the Florida Mutual Aid Act, requires the
authorization by the governing body of a municipality before a Mutual Aid Agreement may be
entered into by the Mayor or Chief Executive Officer of the municipality on behalf of its 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 likely to be beyond
the control of the services, personnel, equipment or facilities of the City of South Miami and /or
its police department; 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, preparations must
be made.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COMMISSION
OF THE CITY OF SOUTH MIAMI, FLORIDA, THAT:
Section 1. The City Manager of the City of South Miami is authorized to enter into a
Mutual Aid Agreement in a form acceptable to the City Attorney, with the Village of Miami
Shores Police Department, on behalf of the City of South Miami Police Department pursuant to
Section 23.1225 (3), Florida Statues.
Section 2. This resolution be effective immediately upon the adoption hereof.
PASSED AND ADOPTED this day of , 2005
ATTEST:
CITY CLERK
READ AND APPROVED AS TO FORM:
CITY ATTORNEY
APPROVED:
MAYOR
COMMISSION VOTE:
Mayor Russell
Vice Mayor Palmer:
Commissioner Wiscombe:
Commissioner Birts- Cooper:
Commissioner Sherar:
MUTUAL AID AGREEMENT
Between the Village of Miami Shores
and the City of South Miami
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 Miami Shores
Police Department or the South Miami Police Department; and
Whereas, the Village of Miami Shores and the City of South Miami are so located in relation
to each other that it is to the advantage of each to receive and extend mutual aid in the form of
law enforcement services and resources to adequately respond to intensive situations,
including, but not limited to, natural or manmade disasters or emergencies as defined under
§ 252.34, Florida Statutes; and,
Whereas, the Village of Miami Shores and the City of South Miami have the authority under §
23.12, Florida Statutes, et seq. , the Florida Mutual Aid Act, to enter into a mutual aid
agreement for law enforcement service which provides for rendering of assistance in a law
enforcement emergency.
NOW, THEREFORE, the Miami Shores Police Department, a Florida municipal corporation,
and the South Miami Police Department, and the undersigned representatives, in consideration
for mutual promises to render valuable aid in time of necessity, do hereby agree to fully and
faithfully abide by and be bound by the following terms and conditions:
SECTION I: SHORT TITLE: Mutual Aid Agreement
SECTION II: DESCRIPTION
Since this Mutual Aid Agreement provides for the requesting and rendering of assistance for
both routine and law enforcement intensive situations, this Mutual Aid Agreement combines
the elements of both a voluntary cooperation agreement and a requested operational assistance
agreement, as described in Chapter 23 Florida Statutes.
SECTION III: NATURE OF THE LAW ENFORCEMENT ASSISTANCE TO BE
RENDERED
A police officer of the Village of Miami Shores or the City of South Miami shall be considered
to be operating under the provisions of this Mutual Aid Agreement when:
participating in law enforcement activities that are preplanned and approved by each
respective agency head or his /her designee; or
appropriately dispatched in response to a request for assistance from the other law
enforcement agency.
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In compliance with and under the authority of this Mutual Aid Agreement 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. The following list may be amended or
supplemented from time to time as needs dictate by subsequent declarations:
1) Joint multi jurisdictional criminal investigations.
2) Civil disturbances, disobedience, riots, affrays; large protest demonstrations, labor
disputes, controversial trials, political conventions, and strikes.
3) Any natural disaster including, but not limited to hurricanes, tornadoes, flooding, or
wildfires.
4) Incidents which require rescue operations and traffic and crowd control measures
including, but not limited to, evacuations, aircraft disasters, fires, explosions, gas line
leaks, radioactive emergencies, train wrecks and derailments, chemical or hazardous
waste spills, or 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.
S) 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 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) Joint training in areas of mutual need. And
15) Incidents requiring utilization of specialized units (such as bomb disposal units, K -9
units or special weapons and tactics units).
Further, in recognition of the need for cooperation in the patrol of the waterways within the
jurisdictional boundaries of each participating agency, the following declarations are agreed
upon:
1) That each jurisdiction extends to the other the right to patrol and conduct enforcement
activities in their respective waterways.
SECTION IV: PROCEDURE FOR REQUESTING AND AUTHORIZING
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 requiring assistance shall notify the agency head or
his /her designee from whom such assistance is requested. The agency head or authorized
agency representative 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.
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The agency head 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 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 V: COMMAND AND SUPERVISORY RESPONSIBILITY
The personnel and equipment that are assigned by the assisting agency head shall be under the
immediate command of a supervising officer designated by the assisting agency head. Such
supervising officer shall be under the direct supervision and command of the agency head or
his /her designee of the agency requesting assistance.
Conflicts: whenever an officer or other employee is rendering assistance pursuant to this
agreement, the officer or employee shall abide by and be subject to the rules and regulations,
personnel policies, general orders and standard operating procedures of his /her own employing
agency. If any such rule, regulation, personnel policy, general order or standard 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, personnel policy, general order or
procedure shall control and shall supercede the direct order.
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 agency shall be responsible for the documentation of said complaint
to ascertain at a minimum:
1) The identity of the complainant.
2) An address where the complaining party can be contacted.
3) The specific allegation.
4) The identity of the accused employee(s) without regard to agency affiliation.
If it is determined 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 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
employees of the requesting agency violated any of their agency's policies or procedures.
SECTION VI: LIABILITY
Each party engaging in any mutual cooperation or assistance, pursuant to this agreement,
agrees to assume responsibilities for the acts, omissions, or conduct of such party's own
employees while engaged in rendering aid pursuant to this Mutual Aid Agreement, subject to
the provisions of § 768.28, Florida Statutes, where applicable.
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SECTION VII: POWERS, PRIVILEGES, IMMUNITIES AND COSTS
a) All employees of the Miami Shores Police Department and the South Miami Police
Department, including certified law enforcement employees as defined in Chapter 943,
Florida Statutes, while actually engaging in mutual cooperation and assistance outside
their jurisdictional limits, but inside this state, under the terms of this agreement, shall,
pursuant to the provisions of § 23.127(1), Florida Statutes, 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) The Miami Shores Police Department and the South Miami Police Department agree 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 unreasonably deplete 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 the parties hereto, the agency furnishing aid pursuant to this agreement
shall compensate its officer(s) / employee(s) during the time such aid is rendered and
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) were 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 engaged in the
performance of the employee's duties extraterritorially under the provisions of this
mutual aid agreement. The provisions of this section shall apply with equal effect to
paid, 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.
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g) Nothing in this agreement is intended or is to be construed as any 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 provisions herein.
SECTION VIII: LIABILITY INSURANCE
Each party shall provide satisfactory proof of liability insurance or self insurance by one or
more of the means specified in § 768.28(15)(a), Florida Statutes, in an amount which is, in the
judgment of the governing body of that party, at least adequate to cover the risk to which that
party may be exposed. Should insurance coverage, however provided, of any party be
cancelled or undergo material change, that party shall notify all parties to this agreement of
such change within ten (10) days of receipt of notice or actual knowledge of such change.
SECTION IX: FORFEITURE PROVISIONS
a) In the event that a participating agency seizes any real property, vessel, motor vehicle,
aircraft, currency or other property pursuant to the Florida Contraband Forfeiture Act
during the performance of this agreement, the agency requesting assistance in the case
of requested operational assistance and the seizing agency in the case of voluntary
cooperation shall be responsible for maintaining any forfeiture action pursuant to
Chapter 932, Florida Statutes. The agency pursuing the forfeiture action shall have the
exclusive right to control and the responsibility to maintain the property in accordance
with Chapter 932, Florida Statutes, to include, but not be limited to, the complete
discretion to bring the action or dismiss the action.
b) All proceeds from forfeited property seized as a result of or in accordance with this
agreement shall be divided in proportion to the amount of investigation and
participation performed by each agency, less the costs associated with the forfeiture
action.
SECTION X: 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, 2010. Under no
circumstances may this agreement be renewed, amended, or extended except in writing.
SECTION XI: CANCELLATION
Any party may cancel its participation in this agreement upon thirty (30) days written notice to
the other party or parties. Cancellations will be at the discretion of any subscribing party.
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IN WITNESS WHEREOF, the parties hereto cause these presents to be signed on the date
specified.
r1
Thomas Benton
Village Manager
Village of Miami Shores, FL
Date:
Attest:
Barbara Estep
Village Clerk
Village of Miami Shores, FL
Approved as to form
and legal sufficiency:
Richard Sarafan
Village Attorney
Village of Miami Shores, FL
Maria Davis
City Manager
City of South Miami
Date:
Attest:
Maria Menendez
City Clerk
City of South Miami
Approved as to form
and legal sufficiency:
agin,Gallop/Fiqueredo
City Attorney
City of South Miami
Filing the mutual aid agreement: section 23.1225(4), Florida statutes, requires the filing of a 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,
or fax to 904 - 488 -1760
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