HomeMy WebLinkAboutR-03-0635J-03-492
06/03/03
RESOLUTION NO. 03- 635
A RESOLUTION OF THE MIAMI CITY COMMISSION,
WITH ATTACHMENT(S), AUTHORIZING THE CITY
MANAGER TO EXECUTE A MUTUAL AID AGREEMENT, IN
SUBSTANTIALLY THE ATTACHED FORM, BETWEEN THE
CITY OF MIAMI AND THE CITY OF SWEETWATER
PURSUANT TO CHAPTER 23, FLORIDA STATUTES, FOR
MUTUAL ASSISTANCE FOR ROUTINE AND LAW
ENFORCEMENT INTENSIVE SITUATIONS.
WHEREAS, their exists the continuing possibility 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
Miami ("City") Police Department and/or of the Sweetwater Police
Department; and
WHEREAS, the Florida Mutual Aid Act ( Part 1, Chapter 23,
Florida Statutes) grants the City and other participating
agencies the authority to enter into mutual aid agreements to
ensure that law enforcement agencies will be prepared to
adequately address any and all of these conditions to protect
public peace and safety and to preserve the lives and property of
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CITY COMMON
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JUN 1 2 2003
Resolution No.
03- 63b
the public of the City and participating Miami -Dade County
municipalities;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY
OF MIAMI, FLORIDA:
Section 1. The recitals and findings contained in the
Preamble to this Resolution are adopted by reference and
incorporated as if fully set forth in this Section.
Section 2. The City Manager is authorized!' to execute a
Mutual Aid Agreement, in substantially the attached form, between
the City of Miami and the City of Sweetwater, pursuant to Chapter
23, Florida Statutes, for mutual assistance for routine and law
enforcement intensive situations.
Section 3. This Resolution shall become effective
immediately upon its adoption and signature of the Mayor.'
1/ The herein authorization is further subject to compliance with
all requirements that may be imposed by the City Attorney,
including but not limited to those prescribed by applicable
provisions of the City Charter and Code.
If the Mayor does not sign this Resolution, it shall become
effective at the end of ten calendar days from the date it was
passed and adopted. If the Mayor vetoes this Resolution, it
shall become effective immediately upon override of the veto by
the City Commission.
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03- 635
PASSED AND ADOPTED this 12th day of June , 2003.
ATTEST:
Q
PRI CILLK A. THOMPSON
CITY CLERK
APPROVED AS FORM AND CORRECTNESS
LO
ATTORNEY
W7275:tr:AS:BSS
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63- 635
MUTUAL AID AGREEMENT
Between the City of Miami and
City of Sweetwater
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 Miami Police Department
or the City of Sweetwater Police Department; and
Whereas, the City of Miami and City of Sweetwater 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 City of Miami and City of Sweetwater 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 services which provides for rendering of assistance in a law enforcement emergency:
NOW, THEREFORE, the City of Miami Police Department, a Florida municipal corporation,
and City of Sweetwater, 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 of the Florida Statutes.
SECTION III: NATURE OF THE LAW ENFORCEMENT ASSISTANCE TO BE
RENDERED
A police officer of the City of Miami Police Department or the City of Sweetwater Police
Department 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.
03- 635
Page 1 of 6 dj� � ��
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.
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 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,
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03- 635
consult with his/her supervisors if necessary, and will respond in a manner he/she deems
appropriate.
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/herown 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
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engaged in rendering aid pursuant to this Mutual Aid Agreement, subject to the provisions of §
768.28, Florida Statutes, where applicable.
SECTION VII: POWERS, PRIVILEGES, IMMUNITIES AND COSTS
a) All employees of the City of Miami Police Department and the City of Sweetwater 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 City of Miami Police Department and the City of Sweetwater 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.
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.
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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)
b)
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.
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 July 1, 2008. 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
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03-
other party or parties. Cancellations will be at the discretion of any subscribing party.
IN WITNESS WHEREOF, the parties hereto cause these presents to be signed on the date
specified.
Manny Marono
Mayor
City of Sweetwater, Florida
Date:
Attest:
Mary O. Schmidt
City Clerk
City of Sweetwater, Florida
Approved as to form
And legal sufficiency:
Ramon Irizarri
City Attorney
City of Sweetwater, Florida
Joe Arriola
City Manager
City of Miami, Florida
Date:
Attest:
Priscilla A. Thompson
City Clerk
City of Miami, Florida
Approved as to form
and legal sufficiency:
Alejandro Vilarello
City Attorney
City of Miami, Florida
Filing the 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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03- 635
CITY OF MIAMI, FLORIDA
INTER -OFFICE MEMORANDUM
CA -6
The Honorable o d Memb
TO: o e City Co ssion DATE: JUN - 3 2003
SUBJECT:
Proposed Resolution
J e Amola Mutual Aid Agreement;
FROM: REFERENCES:
hief Administrator/City Manager City of Sweetwater
ENCLOSURES:
RECOMMENDATION
FILE:
It is respectfully recommended that the City Commission adopt the attached Resolution authorizing
the City Manager to execute a Mutual Aid Agreement between the City of Miami and the City of
Sweetwater, on behalf of the Sweetwater Police Department, for the purpose of rendering mutual
law enforcement aid.
BACKGROUND
There is an existing and continuing possibility for the occurrence of law enforcement problems
which are or are likely to be beyond the control of the services, personnel, equipment or facilities
of the City of Miami Police Department and/or the participating municipal police departments,
along their shared jurisdictional boundaries. In order for the respective governments to meet their
responsibility of ensuring public safety and peace for the citizens of their communities, it is
necessary for these participating governmental agencies to execute a Mutual Aid Agreement
between themselves, as authorized under Part 1, Chapter 23, Florida Statutes, "The Florida Mutual
Aid Act."
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63- 635