07-19-05 Item 11CITY 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
South Miami
All- Amefiea City
2008
Date: July 19, 2005
Re: Agenda Item #
Comm. Mtg 07/19/2005
Mutual Aid Agreement
with the City Of Florida City
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
CITY OF FLORIDA CITY POLICE DEPARTMENT 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
Florida City 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
CITY OF FLORIDA CITY POLICE DEPARTMENT 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 City Of Florida City
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 City of Florida City Police Department
And the City of South Miami Police Department
WHEREAS, it is the responsibility of the governments of the City of
Florida City, Florida, and the City of South Miami, Florida, 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
manmade conditions which are, or are likely to be, beyond the control of
the services, personnel, equipment or facilities of the participating
municipal police departments; and
WHEREAS, in order to ensure the preparation of these law enforcement
agencies will be adequate to address any and all of these conditions, to
protect the public peace and safety, and to preserve the lives and
property of the people of the participating Miami -Dade County
municipalities; and
WHEREAS, the participating Miami -Dade County municipalities have
the authority under Chapter 23, Florida Statues, Florida Mutual Aid Act,
to enter into a Mutual Aid Agreement.
NOW, THEREFORE, BE IT KNOWN, that the City of Florida City,
subdivision of the State of Florida, and undersigned representatives, in
consideration of 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: Since the Mutual Aid Agreement provides for the
requesting and rendering of assistance for both routine and
intensive law enforcement 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.
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 agency heads. Subsequent to execution by the
concerned agency heads, the Joint Declaration shall be filed
with the clerks of the respective political subdivisions and
shall thereafter become part of this Agreement. Said
declaration may be amended or supplemented at any time by
the agency heads by filing subsequent declarations with the
clerks of the respective political subdivisions.
B. Agency or participating law enforcement agency: Either
the City of Florida City Police Department, or the
participating municipal police department.
C. Agency Head: Either the Chief of the City of Florida City
Police Department, or the Chief's designees, and the Chief
of Police of the participating municipal 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 the municipality.
E. Certified law enforcement employees: Any law
enforcement employee certified as provided in Chapter 943,
Florida Statues.
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 authorized agency representative
whose assistance is sought shall evaluate the situation and
his available resources, and will respond in a manner
deemed appropriate.
B. Each party to this Agreement agrees to furnish necessary
man power, equipment, facilities, and other resourced 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.
5. Power, Privileges, Immunities, and Costs:
A. All employees of the participating municipal police
department, certified law enforcement employees as defined
in Chapter 943, Florida Statues, during such time that said
employees are actually providing aid outside of the
jurisdictional limits of the employing municipality pursuant
to a request for aid made in accordance with this
Agreement, shall pursuant to the provisions of Chapter 23,
Florida Statues, have the same powers, duties, rights,
privileges, and immunities as if they were performing their
duties in the political subdivision in which they are regularly
employed.
B. The political subdivision having financial responsibility for
the law enforcement agency providing the services,
personnel, equipment, or facilities pursuant -to the
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 the same.
C. The political subdivision have 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
rendering of such aid, and shall defray the 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. Such compensation shall also include
all benefits normally due such employees.
D. All exemptions from 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 of any such agency, when
performing their respective functions within the territorial
AGREED AND ACKNOWLEDGED this day of ,
200
Mayor, City of Florida City, FL City Manager, City of South Miami, FL
OTIS T. WALLACE MARIA V. DAVIS
ATTEST: ATTEST:
City Clerk, City of Florida City, FL City Clerk, City of South Miami, FL
JENNIFER A. EVELYN MARIA M. MENENDEZ
APPROVED AS TO FORM AND LEGAL SUFFICIENCY:
City Attorney, City of Florida City, FL City Attorney, City of South Miami, FL
LLOYD S. MARKS LUIS FIGUEREDO
JOINT DECLARATION
OF THE CHIEF OF THE CITY OF SOUTH MIAMI POLICE
DEPARTMENT
AND THE CHIEF OF THE CITY OF FLORIDA CITY DEPARMTENT
PURSUANT TO MUTUAL AID AGREEMENT
A deputy sheriff or 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
preplanned 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, hereto entered into by the City of Florida City, Florida and
the City of South Miami, Florida, 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 multi jurisdictional criminal investigations;
2. Civil affray or disobedience, disturbances, riots, large
protest demonstrations, controversial trials, political
conventions, labor disputes, and strikes;
3. Any natural disaster;
4. Incidents which require rescue operations and crown 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 or
sabotage;
6. Escapes from or disturbances within detention facilities;
7. Hostage and barricaded subject situations, and aircraft
piracy;
8. Control of major crime 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. 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, canine, motorcycle, crime scene,
marine patrol enforcement or investigation, and police
information;
15. Joint training in areas of mutual need;
16. Participating in exigent situations without a formal
request which are spontaneous such as area searches for
wanted subjects, perimeters, crimes in progress, escaped
prisoners; traffic stops near municipal boundaries,
request for assistance and no local unit is available or
nearby, calls or transmissions indicating an officer is
injured, calls indicating a crime of 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 jurisdictional waters within respective
municipal boundaries.
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 extraterritorial
under the provisions of this Mutual Aid Agreement. The
provision of this Agreement shall apply with equal effect to
paid and auxiliary employees.
6. Indemnifications: The political subdivision 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 political
subdivision in any suit, action 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 statues, where applicable.
7. Forfeitures: It is recognized that during the course of the
operation of the Agreement, property subject to forfeiture under
the Florida Contraband Forfeiture Act, Florida Statues, 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.
8. Conflicts: Any conflict 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 stated in
Chapter 23, Florida Statues.
9. Effective Date and Duration: The Agreement shall be in effect
from date of signing, through and including January 1, 2011, and
under not 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 of the other party. Cancellation
will be at the discretion of the chief executive officers of the parties
hereto.
DATE: DATE:
Chief of the City of Florida City Police Dept. Chief of City of South Miami Police Dept.
City of Florida City, Florida City of South Miami, Florida
PEDRO W. TAYLOR, JR. ORLANDO MARTINEZ de CASTRO
ATTEST: ATTEST:
City of Florida City, FL, CITY CLERK City of South Miami, City Clerk
JENNIFER A. EVELYN MARIA M. MENENDEZ