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HomeMy WebLinkAboutR-03-0766J-03-614 07/09/03 RESOLUTION NO. 03— 766 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 CORAL GABLES, 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 Police Department and/or the City of Coral Gables Police Department; and WHEREAS, the Florida Mutual Aid Act (Chapter 23, Florida Statutes) grants the City of Miami 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 CONTAINED CITY COIdiMSSION NmEET11I`3G OF J 1! l 1 7 2003 Resolution No. 03- 766. the public of the City of Miami 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 Coral Gables, 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.' �i 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. Page 2 of 3 03- 766 PASSED AND ADOPTED this 17th ATTESST/:�) d, ,Scjj LIA7 A I TH PSON 7` CITY CLERK day of July 2003. APPROVED AS TORI AND CQRRECTNESS & d'ANO-Rfi/'V I LARE L L 0 Y &WTORNEY 67:tr:AS Page 3 of 3 63- 766 VOLUNTARY COOPERATION AND OPERATIONAL ASSISTANCE MUTUAL AID AGREEMENT WHEREAS, the City of Miami Police Department and the City of Coral Gables Police Department ("Law Enforcement Agencies"), 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: (1) Continuing, multi jurisdiction law enforcement problems, so as to protect the public peace and safety, and preserve the lives and property of the people; and (2) Intensive situations including but not limited to emergencies as defined under Section 252.34, F.S. or joint provision of certain law enforcement services specified herein and allowed pursuant to F.S. 166.0495; and, WHEREAS, the City of Coral Gables and the City of Miami have the authority under Section 23.12, F.S., et seq., The Florida Mutual Aid Act, to enter into a combined mutual aid agreement for law enforcement service which: (1) Permits voluntary cooperation and assistance of a routine law enforcement nature across jurisdictional lines as allowed under F.S. 166.0495; (2) Provides for rendering of assistance in a law enforcement emergency as defined in Section 252.34, F.S. NOW, THEREFORE, the City of Miami, a Florida municipal corporation, and the City of Coral Gables, and the undersigned representatives, in consideration for mutual promises to render valuable aid in time of necessity, do hereby agree to abide by and be bound by the following terms and conditions: SECTION I: PROVISIONS FOR VOLUNTARY COOPERATION The 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 for routine law enforcement assistance to include, but not necessarily limited to, investigating sex offenses, robberies, assaults, batteries, burglaries, larcenies, gambling, motor vehicle thefts, drug violations pursuant to Chapter 893, Fla. Stat., routine traffic offenses, backup services during patrol activities, school resource officers on official duty out of their jurisdiction, and inter -agency task forces and/or joint investigations. SECTION II: PROVISIONS FOR OPERATIONAL ASSISTANCE The 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 for 03- '766 ,eco law enforcement emergency assistance 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, controversial trials, political conventions, labor disputes, and strikes. 3. Any natural 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, aircraft, canine, motorcycle, 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 multijurisdictional marine interdiction operations. 17. Joint enforcement of all state laws and county ordinances, and exercise of arrest powers 24 hours per day all year, within the area beginning 100 feet north and south of double yellow line on S.W. 8 Street from 39 Avenue to 40 Avenue on S.W. 8 Street; 100 feet east and west of the centerline of Brooker Street from South Dixie Highway (U.S. 1) to Grand Avenue; and 100 feet east and west of LeJeune Road (S.W. 42nd Avenue) from Almalfi Avenue (Approx. Loquat Avenue) to Battersea Road, inclusive of all areas within these descriptions. FURTHER, in recognition of the need to enhance and expedite traffic control activities, traffic accident investigation, and the enforcement of the traffic laws, the following declarations are agreed upon: 2 03- 766 1. That each jurisdiction extends to the other the right to conduct traffic enforcement activities on the following roadways: a) Douglas Road (S.W. 37 Avenue) from Alma Avenue (S.W. 2 Street) to Romano Avenue (S.W. 26 Terrace) b) Lejeune Road (S.W. 42 Avenue) from Grant Drive to Battersea Road. c) Grand Avenue from Lincoln Drive to Brooker Street. d) Brooker Street from Grand Avenue to Orange Avenue. e) Orange Avenue from S.W. 38 Avenue to S.W. 39 Avenue. f) S.W. Avenue from Orange Avenue to Cadima Avenue (S.W. 28 Street). g) S.W. 8 Street (Tamiami Trail/Calle Ocho) from Douglas Road (S.W. 37 Avenue) to Salzedo Street (S.W. 39 Ct.); from Lorca Street (S.W. 46 Avenue) to Red Road (S.W. 57 Avenue). 2. That this section is for traffic enforcement only, and that the investigation of crimes occurring along the above specified corridors will continue to be the responsibility of, and investigated by, the agency having original jurisdiction at the site of occurrence. The following procedures will apply in mutual aid operations: 1. Mutual aid requested or rendered will be approved by the Chief of Police, or designee. 2. Specific reporting instructions for personnel rendering mutual aid will 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. 3. Communications instructions will be included in each request for mutual aid and Law Enforcement Agencies' communications centers will maintain radio contact with each other until the mutual aid situation has ended. 4. Incidents requiring mass processing of arrestees, transporting prisoners, and operating temporary detention facilities will be handled per established procedures of the requesting agency, or directors involved. SECTION III: PROCEDURE FOR REQUESTING ASSISTANCE In the event that a party to this agreement is in need of assistance as set forth above, the Chief of Police, or designee, shall notify the agency director or his/her designee from whom such assistance is requested. The director or authorized agency representative 3 03- 766 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. The director 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. Should a sworn law enforcement officer be in another subscribed agency's jurisdiction for matters of a routine nature, such as traveling through the area on routine business, attending a meeting or going to or from work, and a violation of Florida statutes occurs in the presence of said party, representing his/her respective agency, he/she shall be empowered to render enforcement assistance and act in accordance with the law. Should enforcement action be taken, said party shall notify the agency having normal jurisdiction and upon the latter's arrival, 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. This provision so prescribed in this paragraph is 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 IV: COMMAND AND SUPERVISORY RESPONSIBILITY The personnel and equipment that are assigned by the assisting director shall be under the immediate command of a supervising officer designated by the assisting director. Such supervising officer shall be under the direct supervision and command of the director or his/her designee of the agency requesting assistance. 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 standard operating procedure is contradicted, contravened or otherwise in conflict with a direct order of a superior officer of the requesting agency, then such role, regulation, policy, general order or procedure shall control and shall supersede 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 director 03- 766 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 employee(s) accused without regard as 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 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. All employees of the Law Enforcement Agencies, while 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., 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 Law Enforcement Agencies agree to furnish necessary personnel equipment, resources and facilities and to render services to each other 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. As between the parties hereto, the political subdivision that furnishes equipment pursuant to this agreement must bear the cost of loss or damage to 5 03- 766 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 employee(s) during the time such aid is rendered and shall defray the actual travel and maintenance expenses of its employee(s) while they are rendering such aid, including any amounts paid or due for compensation due to personal injury or death while such employees were engaged in rendering such aid. e. The privileges and immunities from liability, exemption from laws, ordinances and rules, and all pension, insurance, relief, disability, worker's 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 reserve 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: INSURANCE Each party shall provide satisfactory proof of liability insurance by one or more of the means specified in Section 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 the insurance 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 notice or actual knowledge of such change. SECTION VIII: 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 , 200_. Under no circumstances may this agreement be renewed, amended, or extended except in writing. on 03- 766 SECTION IX: CANCELLATION Any party may cancel its participation in this agreement upon thirty (30) days written notice to the other party or parties. Cancellation will be at the discretion of any subscribing party. IN WITNESS WHEREOF, the parties hereto cause to these presents to be signed on the date specified. David L. Brown, City Manager City of Coral Gables Date ATTEST Walter J. Foeman Interim City Clerk City of Coral Gables Date James Harley Interim Chief of Police City of Coral Gables Date 7 Joe Arriola City Manager City of Miami Date ATTEST Priscilla A. Thompson City Clerk City of Miami Date John F. Timoney Chief of Police City of Miami Date APPROVED AS TO FORM AND CORRECTNESS: Elizabeth M. Hernandez, City Attorney City of Coral Gables Date APPROVED AS TO INSURANCE REQUIREMENT: Diane Ericson Director Risk Management APPROVED AS TO FORM AND CORRECTNESS: Alejandro Vilarello City Attorney City of Miami Date S: Forms/Agreements/Mutual Aid Agmt Police Dept & City of Miami g .} 766 CITY OF MIAMI, FLORIDA INTER -OFFICE MEMORANDUM CA -16 The HonoMayor and Members To : rabof the Ci Commission DATE: JUL - 8 203 SUBJECT: Proposed Resolution C- Q FR Joe Arriola REFERENCES: Mutual Aid Agreement; Chief Administrator/City Manager City of Coral Gables 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 Coral Gables, on behalf of the Coral Gables 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." W &X) JA/JFT/GW/lr 63- 766