HomeMy WebLinkAboutR-03-1029J-03-839
9/16/03
RESOLUTION NO. 93 -1029
A RESOLUTION OF THE MIAMI CITY COMMISSION,
WITH ATTACHMENT(S), AUTHORIZING THE CITY
MANAGER TO ENTER INTO A VOLUNTARY COOPERATION
AND OPERATIONAL ASSISTANCE MUTUAL AID
AGREEMENT, IN SUBSTANTIALLY THE ATACHED FORM,
WITH VARIOUS FEDERAL, STATE AND LOCAL LAW
ENFORCEMENT AGENCIES, PURSUANT TO CHAPTER 23,
FLORIDA STATUTES, TO ENSURE PUBLIC SAFETY IN
THE CITY OF MIAMI AND ACROSS AREA MULTI -
JURISDICTIONAL LINES BY PROVIDING ADEQUATE
LEVELS OF POLICE SERVICES IN THE EVENT OF ANY
UNFORESEEABLE ROUTINE OR EMERGENCY
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 of various federal, state and
local law enforcement agencies; 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 he nrPnarPH t -n
adequately address any
and
all of these
conditions to protect
public peace and safety
and
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SEP 2 5 2003
Resolution No.
»+3-1029
the public of the City of Miami and participating law enforcement
agencies;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY
OF MIAMI, FLORIDA:
Section 1. The City Manager is authorizedll to execute a
Voluntary Cooperation and Operational Assistance Mutual Aid
Agreement, in substantially the attached form, with various
federal, state and local law enforcement agencies, pursuant to
Chapter 23, Florida Statutes, to ensure public safety in the City
of Miami and across area multi -jurisdictional lines by providing
adequate levels of police services in the event of any
unforeseeable routine or emergency situations.
Section 2. This Resolution shall become effective
immediately upon its adoption and signature of the Mayor.21
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 City
Charter and Code provisions.
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
�J3-1029
PASSED AND ADOPTED this 25th day of September , 2003.
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ATTEST:
PRISCILLA A. THOMPSON
CITY CLERK -o%
NDRO VIL
ATTORNEY
W7549:tr:AS:BSS
AND CORRECTNESSite
Page 3 of 3
iJ3-1029
VOLUNTARY COOPERATION AND OPERATIONAL ASSISTANCE
MUTUAL AID AGREEMENT
WITNESSETH
Whereas, it is the responsibility of the governments of the City of Miami, Florida, and
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 Miami Police
Department or ; and
Whereas, in order to ensure that 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 City of Miami and
: and
Whereas, it is to the advantage of each agency 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 Miami and 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, BE IT KNOWN that the City of Miami, a political subdivision of
the State of Florida, and , 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:
SECTION I: PROVISIONS FOR VOLUNTARY COOPERATION
iJ3-1029
Each of the aforesaid 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 in
dealing with any violations of Florida statutes to include, but not necessarily be limited to,
investigating sex offenses, robberies, assaults, batteries, burglaries, larcenies, gambling, motor
vehicle thefts, drug violations pursuant to Chapter 893, FSS, 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 investigation.
SECTION II: PROVISIONS FOR OPERATIONAL ASSISTANCE
The aforesaid 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 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 and
assemblies, 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 multi jurisdictional marine interdiction operations.
The following procedures will apply in mutual aid operations:
Mutual aid requested or rendered will be approved by the Chief of Police, or
designee.
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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
the each agency's 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, Sheriff, or designee, shall notify the agency, director or his/her designee from
whom such assistance is requested. The director 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.
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 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.
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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 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 employees 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. Employees of the City of Miami and , when
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(l), Fla. Stat. (as amended), 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. Each party agrees to furnish necessary personnel equipment, resources and
facilities and to render services to each other party to the agreement as set forth above; provided
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however, that no party shall be required to deplete unreasonably its own personnel, equipment,
resources, facilities, and services in furnishing such mutual aid.
(c) A political subdivision that furnishes equipment pursuant to this agreement must
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) The agency furnishing and pursuant to this agreement shall compensate its
appointees/employees 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 personal injury or death while such employees are 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 (14), 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 , 2008. Under no
circumstances may this agreement be renewed, amended, or extended except in writing.
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SECTION IX: CANCELLATION
Any party may cancel its participation in this agreement upon delivery of written notice to
the other party or parties. Cancellation will be at the direction of any subscribing party.
In witness whereof, the parties hereto cause to these presents to be signed on the date specified.
AGREED TO AN ACKNOWLEDGED this
JOE ARRIOLA
CITY MANAGER
CITY OF MIAMI, FLORIDA
Date:
Attest:
PRISCILLA S. THOMPSON
CITY CLERK
CITY OF MIAMI, FLORIDA
APPROVED AS TO FORM
AND LEGAL SUFFICIENCY:
ALEJANDRO VILARELLO
CITY ATTORNEY
CITY OF MIAMI, FLORIDA
JOHN F. TIMONEY
CHIEF OF POLICE
CITY OF MIAMI, FLORIDA
N
day of , 2003.
Date:
Attest:
. Manager
OF , FLORIDA
_ CLERK
OF , FLORIDA
APPROVED AS TO FORM
AND LEGAL SUFFICIENCY:
OF , FLORIDA
OF , FLORIDA
�j3-1029
POLICE A(. .:NDA ITEM SUMMARY I _CT SHEET
(MUTUAL AID AGREEMENT)
JUSTIFICATION:
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 federal, state and local law
enforcement agencies, 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.
HOW IS THIS ITEM GOING TO ENHANCE THE QUALITY OF SERVICE TO THE
CUSTOMER / CITIZENS?
This item allows us to tap into the many resources available to us in time of need. It also allows
us to reciprocate when our fellow communities require our assistance.
IS THIS A REPLACEMENT ITEM? YES ❑ NO ❑ (If yes, why?)
N/A
IS THIS AN EMERGENCY ITEM? YES ❑ NO ® (If yes, why?)
IS THIS PURCHASE USING A SOLE SOURCE VENDOR? YES L NO L (If yes, w
IS THIS A LOCAL VENDOR? YES ❑ NO ❑ (If no, explain?)
N/A
IS THIS THE LOWEST BID? YES ❑ NO ❑ (If no, explain?)
N/A
FUNDING SOURCE: N/A TOTAL EXPENDITURE: N/A
COMMENTS:
Commission Hearing Date: September 25, 2003 Item#: CA -6
93-x.029
TO
FROM
CITY OF MIAMI, FLORIDA CA=6
INTER-OFFICE MEMORANDUM
The Hono le ayor an e bers DATE: SEP 18 2003 FILE
o the City ission
1 �
SUBJECT: Proposed Resolution
o ' Arriola REFERENCES: Mutual Aid Agreement
C of Administrator/City Manager
ENCLOSURES:
RECOMMENDATION
It is respectfully recommended that the City Commission adopt the attached Resolution authorizing
the City Manager to execute a Mutual Aid Agreements between the City of Miami and various
federal, state and local law enforcement agencies, for the purpose of receiving and rendering
mutual aid in the form of law enforcement services and resources to address any foreseeable
routine or emergency situations.
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 federal, state and local law
enforcement agencies, 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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NJ3-1029