98-22722 RESO
RESOLUTION NO. 98-22722
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, AUTHORIZING THE MAYOR AND CITY CLERK TO
EXECUTE, ON BEHALF OF THE CITY OF MIAMI BEACH POLICE
DEPARTMENT, AN ADDENDUM TO THE EXISTING LAW ENFORCEMENT
MUTUAL AID AGREEMENT BETWEEN MIAMI-DADE COUNTY AND THE
CITY OF MIAMI BEACH, AUTHORIZING CONCURRENT JURISDICTION,
BETWEEN THE CITY OF MIAMI BEACH AND MIAMI-DADE COUNTY.
WHEREAS, in 1994, the City entered into a Mutual Aid Agreement with
Metropolitan Dade County, for the purposes of coordinating law enforcement planning,
operations and mutual aid; and
WHEREAS, over the last six months, the Dade County Association of Chiefs of
Police has been working with the Miami-Dade County Police Department to extend the
jurisdiction of municipal law enforcement officers so that these law enforcement officers
could make arrests outside of their respective jurisdictions under certain limited
conditions; and
WHEREAS, the efforts were successful and resulted in the attached Addendum
to Joint Declaration to the Mutual Aid Agreement.
NOW THEREFORE BE IT DULY RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, authorizing the Mayor
and City Clerk to execute, on behalf of the City of Miami Beach Police Department, an
Addendum to the existing law enforcement Mutual Aid Agreement between Miami-Dade
County and the City of Miami Beach, authorizing concurrent jurisdiction, between the
City of Miami Beach and Miami-Dade County.
PASSED and ADOPTED this 6th day of
May ,1998.
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Mayor
ATTEST:
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CITY CLERK
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
F: \POLl\ TE CHSE Rv\POLlCI ES\COM_RESO\ADDM UT AL. RES
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ADDENDUM TO JOINT DECLARATION TO MUTUAL AID AGREEMENT
Whereas, it is to the mutual benefit of the municipal police agencies listed below and the
Miami-Dade Police Department, through voluntary cooperation, to exercise concurrent
jurisdiction over the areas described in subparagraphs (a) and (b) below, in that officers, while in
another jurisdiction, are often present at events where immediate action is necessary, or are able
to expeditiously conclude an investigation by identifying and arresting an offender.
a) Concurrent law enforcement jurisdiction in and throughout the territorial limits of
the municipalities represented by the undersigned agency heads and Miami-Dade
County, Florida, excluding those areas within the territorial limits of
municipalities not represented below as participants in this Addendum and areas
in which the Miami-Dade Police Department does not have law enforcement
jurisdiction, for arrests, made pursuant to the laws of arrest, for felonies and
misdemeanors, including arrestable traffic offenses, which spontaneously take
place in the presence of the arresting officer, at such times as the arresting officer
is traveling from place to place on official business outside of his or her
jurisdiction, for example, to or from court, or at any time when the officer is
within the territorial limits of his or her jurisdiction, and provided that, in the
context of this Joint Declaration, "official business outside of his or her
jurisdiction" shall not include routine patrol activities, preplanned operations, or
undercover investigations.
b) Concurrent law enforcement jurisdiction in and throughout the territorial limits of
the municipalities represented by the undersigned agency heads and Miami-Dade
County, Florida, excluding those areas within the territorial limits of
municipalities not represented below as participants in this Addendum and areas
in which the Miami-Dade Police Department does not have law enforcement
jurisdiction, for arrests, made pursuant to the laws of arrest, of persons identified
as a result of investigations of any offense constituting a felony or any act of
Domestic Violence as defined in Section 741.28, Florida Statutes, when such
offense occurred in the municipality employing the arresting officer, should the
arresting officer be a municipal law enforcement officer. However, concurrent
jurisdiction under this subparagraph does not include authority to make
nonconsensual or forcible entries into private dwellings, residences, living spaces
or business spaces which are not open to the public, i.e., authority derived
pursuant to this subparagraph may be exercised only when in places open to the
public or private places into which the arresting officer has entered with the
consent of an occupant entitled to give consent.
Prior to any officer taking enforcement action pursuant to either paragraph (a) or (b)
above, the officer shall notify the designated officer of the jurisdiction in which the action will be
taken, unless exigent circumstances prevent such prior notification, in which case notification
shall be made as soon after the action as practicable. Furthermore, all arrests made pursuant to
subparagraph (a) above shall be processed and coded pursuant to directions of the Clerk of the
Court, in such manner as to insure that any revenues or surcharges generated as a result of said
arrests shall be directed to the jurisdiction in which the arrest was made.
Any municipal police agency electing to participate in concurrent jurisdiction pursuant to
this Addendum shall, before exercising concurrent jurisdiction, adopt as part of that agency's
Standard Operating Procedures, the following Standard Operating Procedure For Concurrent
Law Enforcement Jurisdiction:
STANDARD OPERATING PROCEDURE FOR
CONCURRENT LAW ENFORCEMENT JURISDICTION
I. PURPOSE:
To provide specific guidelines for the use of concurrent law enforcement jurisdiction.
II. POLICY:
It shall be the policy of the (name of participating police agency) that law enforcement
officers may make arrests for felonies, misdemeanors and arrestable traffic offenses in
unincorporated Miami-Dade County and within any municipality which participates in this
Mutual Aid Agreement when the offense takes place in the officers' presence while officers
are within their jurisdictions or while they are traveling from place to place on official
business outside his or her jurisdiction, i.e., to or from court, or as a result of an investigation
of any offense constituting a felony or act of Domestic Violence as defined in section
741.28, Florida Statutes, when the offense took place within the jurisdiction of the
investigating officer. Concurrent jurisdiction does not include authority to make forcible
entries into private residences or businesses which are not open to the public, i.e., authority
may only be exercised in places which are open to the public or with the consent of an
occupant entitled to give consent.
,A. General Requirements:
1. Prior to taking any enforcement action the officer shall notify the designated officer
of the jurisdiction in which the action will be taken, unless exigent circumstances
prevent such prior notification, in which case notification shall be made as soon after
the action as possible.
2. All arrests made pursuant to this Mutual Aid Agreement shall be coded and processed
in such manner to insure that any revenues or surcharges generated shall be directed
to the jurisdiction in which the arrest was made.
3. Officers shall not utilize unmarked vehicles to make traffic stops or to engage in
vehicle pursuits.
4. Concurrent law enforcement jurisdiction pursuant to this Mutual Aid Agreement does
not include preplanned operations, undercover investigations, stings, or sweeps.
5. Officers shall not conduct routine patrol activities outside of their jurisdiction.
6. Reports of any action taken pursuant to this Mutual Aid Agreement shall be faxed to
the agency head of the agency within whose jurisdiction the action was taken as soon
as possible after the action has taken place.
7. Any conflicts regarding jurisdiction will be resolved by allowing the agency within
whose jurisdiction the action took place to take custody of any arrestees and/or crime
scenes.
8. All concurrent jurisdiction stationary surveillance activities shall require notification
of the agency within whose jurisdiction the surveillance takes place. The notification
shall include the general location of the surveillance and a description of the vehicles
involved. Mobile surveillance shall not require notification unless concurrent
jurisdiction enforcement activities take place.
Any participant in this Addendum may withdraw from participation in the Addendum
only by providing each other participant with written notice of withdrawal 30 days prior to the
date of withdrawal, which date shall be specified in the notice. Furthermore, any participant
wishing to withdraw from participation with one or more other participants may terminate
voluntary cooperation with said participant(s) by providing written notice of termination 30 days
prior to the desired termination date, in which case voluntary cooperation shall remain in force
only with the remaining participants.
~~
Thomas E. Ribel, Chief
A veFltura Police Department
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Date
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Larry Freeman, Chief
Bal Harbour Police Department
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Date
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~lm Ross, Chief
Bay Harbor Islands Police Department
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Date
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B~ J 6e, Chief
Biscayne Park Police Department
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Date
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lame 0 Skinner, Chief
Cor Gables Police Department
Date
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Marvin Wiley, Chief
El Portal Police Departmen
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Heman Cardeno, Chief
Gol n Beach Police Department
Date
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Date
Arthur Washington, Chief
Florida City Police Department
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Rolan Bolanos, C oef
Hialeah Police Department
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Date
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Keith Joy, Chief
Hialeah Gardens Police Department
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Date
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Leonard Matarese, Chief
Indian Creek Public Safety Department
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Date
Michael J. Flaherty, Chief
Village ey Biscayne P lice Department
Date
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Date
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Donald H. Warshaw, Chief
Miami Police Department
Date
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Date
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Date
Eugen '8. Duffy, Chie
Miami Springs Police Department
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Date .
William Budd, Chief
N~ Bay Village Tent
Thomas Hoo" ief
North Miami ~ lice Department
Date
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Date
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William Berger, . f
North Miami Beach Police Department
Date
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ce Davis, Chief
Village of Pinecrest Police Department
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South Miami Police Department
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Date
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Surfside Police Department
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Roger' ree, Chief
Virginia Gardens Police Department
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Date
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Patrick O. Kiel, mef
West Miami Police Department
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Carlos Alvarez, Director
Miami-Dade Police Department
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Harve/ uvin
County Clerk
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STATE OF FLORIDA )
) SS:
COUNTY OF DADE )
I. HARVEY RUVIN. Clerk of the Circuit COUrt in and for Dade COUnty.
Florida, and Ex~fficlo Clerk of the Board of COUnty COmmissioners of said
COUnty, DO HEREBY CERTIFY that the above and foregoing is a true and correct
copy of "Addendum To Joint Declaration To Mutual Aid Agreement" for Standard
Operating Procedure For Concurrent Law Enforcement Jurisdiction, filed with
the Clerk of the Board by the Miami-Dade Police Dept., as appears of record.
on April 10, 1998.
IN WITNESS ~,
have hereunto set my hand and official seal on
this
14th
day of
April
, A.D. 19 98
HARVEY RUVIN, Clerk
Board of COUnty COmmissioners
Dade COUnty. Florida
BY-C~~~7.(
SEAL
Board of COUnty Commissioners
Dade COUnty. Florida
CLK/CT 5RR 3/93
CITY OF MIAMI BEACH
CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139
http:\\cI.mlaml-beach.t1.ua
COMMISSION MEMORANDUM NO. ~ ~q - CfB
TO:
Mayor Neisen O. Kasdin and
Members of the City Commission
DATE: May 6, 1998
FROM: Sergio Rodriguez
City Manager
~
SUBJECT: A RESOLU ION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, AUTHORIZING THE MAYOR AND
CITY CLERK TO EXECUTE, ON BEHALF OF THE CITY OF MIAMI
BEACH POLICE DEPARTMENT, AN ADDENDUM TO THE EXISTING
LAW ENFORCEMENT MUTUAL AID AGREEMENT BETWEEN MIAMI-
DADE COUNTY AND THE CITY OF MIAMI BEACH
ADMINISTRA TION RECOMMENDATION
Adopt the Resolution.
BACKGROUND
Over the past six months, the Dade County Association of Chiefs of Police has been working to forge
an agreement with the Miami-Dade County Police Department to extend the jurisdiction of municipal
law enforcement officers to make arrests outside their respective City limits under certain limited
conditions.
One of the principal reasons this Agreement was sought was to give law enforcement the ability to
respond in a more timely manner without regard to jurisdictional lines. Often, criminals would commit
a crime in one city and would be in another city. Though probable cause exists for an arrest, officers
cannot arrest as they have no jurisdiction in that city. An arrest warrant must be obtained and this
time delay may permit the criminal to flee. With concurrent jurisdiction, the officers could arrest the
criminal immediately.
The agreement will be effected by means of an amendment to the existing Joint Declaration of the
Mutual Aid Agreement between Miami-Dade County and our City, as well as the other participating
cities in Miami-Dade County.
AGENDAITEM~
DATE 5-ln- 9..5
1
This is a bold and historical initiative by our law enforcement professionals in the Miami-Dade County
area. This initiative could not be possible without the absolute support of Director Carlos Alvarez of
the Miami-Dade Police Department. It is by and through the Miami-Dade County Police Department
that concurrent jurisdiction is made possible.
On Monday, March 30, 1998, at 2:00 p.m., a ceremonial signing was held to recognize the
importance of this historic agreement at the Headquarters Building of the Miami-Dade County Police
Department.
CONCLUSION
The execution of this Addendum will greatly enhance the abilities oflaw enforcement in our City as
well as throughout Miami-Dade County.
RBIMWD/SDR/MMS
T:\AGENDA\MA Y0698\CONSEN1\ADDMlITUAMEM
2
Metro-Dade Police
Department
Director's Office
9105 N.W. 25th Street
Miami, Florida 33172
An Internationally
Accredited
Police Service
\V
June 19, 1998
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Chief Richard R. Barreto
Miami Beach Police Department
11 00 Washington Avenue
Miami Beach, Florida 33139
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Dear Chief Barreto:
('
On March 30, 1998, the Miami-Dade Police Department (MDPD) and the municipal law
enforcement agencies in Miami-Dade County entered in the agreement known as the
Addendum to the Joint Declaration. The Joint Declaration, an agreement that is executed
by the chief executives of the law enforcement agencies, contains specific provisions
based upon the Mutual Aid Agreement. The Mutual Aid Agreement, however, must be
executed by the County Manger and the appropriate officials of each municipal
government. \
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The County Manager does not enter into the actual Joint Declaration. The addendum,
signed by the chief executives, is the document that has extended the jurisdiction, and is
currently in effect. Contact was made with your Assistant City Attorney, Martha Diaz,
who concurred that the Addendum to the Joint Declaration does not need to be signed by
the County Manager. MDPD is returning the original documents to your City Clerk's
office.
Please be assured of our continuing cooperation in matters of mutual professional
concern. If you should require additional assistance, please contact Captain A. Galindo
of our Budget and Planning Bureau at 471-2520.
Sincerely,
~o~ ----
ALVAREZ
Director
Enclosure
c: Martha Diaz, Assistant City Attorney
City of Miami Beach
ADDENDUM TO JOINT DECLARATION TO MUTUAL AID AGREEMENT
Whereas, it is to the mutual benefit of the municipal police agencies listed below and the
Miami-Dade Police Department, through voluntary cooperation, to exercise concurrent
jurisdiction over the areas described in subparagraphs (a) and (b) below, in that officers,
while in another jurisdiction, are often present at events where immediate action is
necessary, or are able to expeditiously conclude an investigation by identifying and
arresting an offender.
(a) Concurrent law enforcement jurisdiction in and throughout the territorial limits of the
municipalities represented by the undersigned agency heads and Dade County, Florida,
excluding those areas within the territorial limits of municipalities not represented below as
participants in this Addendum and areas in which the Miami-Dade Police Department does
not have law enforcement jurisdiction, for arrests, made pursuant to the laws of arrest, for
felonies and misdemeanors, including arrestable traffic offenses, which spontaneously take
place in the presence of the arresting officer, at such times as the arresting officer is
traveling from place to place on official business outside of his or her jurisdiction, for
example, to or from court, or at any time when the officer is within the territorial limits of his
or her jurisdiction, and provided that, in the context of this Joint Declaration, "official
business outside of his or her jurisdiction" shall not include routine patrol activities,
preplanned operations, or undercover investigations.
(b) Concurrent law enforcement jurisdiction in and throughout the territorial limits of the
municipalities represented by the undersigned agency heads and Dade County, Florida,
excluding those areas within the territorial limits of municipalities not represented below as
participants in this Addendum and areas in which the Miami-Dade Police Department does
not have law enforcement jurisdiction, for arrests, made pursuant to the laws of arrest, of
persons identified as a result of investigations of any offense constituting a felony or any
act of Domestic Violence as defined in Section 741.28, Florida Statutes. when such
offense occurred in the municipality employing the arresting officer, should the arresting
officer be a municipal law enforcement officer. However, concurrent jurisdiction under this
subparagraph does not include authority to make nonconsensual or forcible entries into
private dwellings, residences, living spaces or business spaces which are not open to the
public or private places into which the arresting officer has entered with the consent of an
occupant entitled to give consent.
(Prior to any officer taking enforcement action pursuant to either paragraph (a) or (b)
above, the officer shall notify the designated officer of the jurisdiction in which the action
will be taken, unless exigent circumstances prevent such prior notification, in which case
notification shall be made as soon after the action as practicable. Furthermore, all arrests
made pursuant to subparagraph (a) above shall be processed and coded pursuant to
directions of the Clerk of the Court, in such manner as to insure that any revenues or
surcharges generated as a result of said arrests shall be directed to the jurisdiction in
which the arrest was made.)
Any municipal police agency electing to participate in concurrent jurisdiction pursuant to
this Addendum shall, before exercising concurrent jurisdiction, adopt as part of that
agency's Standard Operating Procedures, the following Standard Operating Procedure For
Concurrent Law Enforcement Jurisdiction:
STANDARD OPERATING PROCEDURE FOR
CONCURRENT LAW ENFORCEMENT JURISDICTION
PURPOSE: To provide specific guidelines for the use of concurrent law enforcement
jurisdiction.
POLICY: It shall be the policy of the City of Miami Beach Police Department that law
enforcement officers may make arrests for felonies, misdemeanors and arrestable traffic
offenses in unincorporated Dade County and within any municipality which participates in
this Mutual Aid Agreement when the offense takes place in the officers' presence while
officers are within their jurisdictions or while they are traveling from place to place on
official business outside his or her jurisdiction, i.e., to or from court, or as a result of an
investigation of any offense constituting a felony or act of Domestic Violence as defined
in section 741.28, Florida Statutes, when the offense took place within the jurisdiction of
the investigating officer. Concurrent jurisdiction does not include authority to make forcible
entries into private residences or businesses which are not open to the public, i.e.,
authority may only be exercised in places which are open to the public or with the consent
of an occupant entitled to give consent.
I. General Requirements:
A. Prior to taking any enforcement action the officer shall notify the
designated officer of the jurisdiction in which the action will be taken, unless
exigent circumstances prevent such prior notification, in which case
notification shall be made as soon after the action as possible.
B. All arrests made pursuant to the Mutual Aid Agreement shall be coded
and processed in such manner to insure that any revenues or surcharges
generated shall be directed to the jurisdiction in which the arrest was made.
C. Officers shall not utilize unmarked vehicles to make traffic stops or to
engage in vehicle pursuits.
D. Concurrent law enforcement jurisdiction pursuant to this Mutual Aid
Agreement does not include preplanned operations, undercover
investigations, stings, or sweeps.
E. Officers shall not conduct routine patrol activities outside of their
jurisdiction.
F. Reports of any action taken pursuant to the Mutual Aid Agreement
shall be faxed to the agency head of the agency within whose jurisdiction the
action was taken as soon as possible after the action has taken place.
G. Any conflicts regarding jurisdiction will be resolved by allowing the
agency within whose jurisdiction the action took place to take custody of any
arrestees and/or crime scenes.
H. All concurrent jurisdiction stationary surveillance activities shall require
notification of the agency within whose jurisdiction the surveillance takes
place. The notification shall include the general location of the surveillance
and a description of the vehicles involved. Mobile surveillance shall not
require notification unless concurrent jurisdiction enforcement activities take
place.
Any participant in this Addendum may withdraw from participation in the Addendum only
by providing each other participant with written notice of withdrawal 30 days prior to the
date of withdrawal, which date shall be specified in the notice. Furthermore, any
participant wishing to withdraw from participation with one or more other participants may
terminate voluntary cooperation with said participant(s) by providing written notice of
termination 30 days prior to the desired termination date, in which case voluntary
cooperation shall remain in force only with the remaining participants.
(SIGNATURES)
~
Mayor, City of Miami Beach
County Manager,
Miami-Dade County, Florida
Attest:
Attest:
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City Clerk, City of Miami Beach
County Clerk,
Miami-Dade County, Florida
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
19,ftf&- Y~9<f
RECEIVED
CITY OF MIAMI BEACH
OFFICE OF THE CITY ATTORNEY 98 JUt - 2 AM II: 30
. ~"; .,{ C !JJ\l\'S OFFICE
TO:
RICHARD BARRETO
CHIEF OF POLICE
MARTHADIAZPEREZ~
POLICE LEGAL ADVISOR
FROM:
DATE: JUNE 30, 1998
RE: ADDENDUM TO JOINT DECLARATION WITH MIAMI-DADE COUNTY
Enclosed please find the packet which was sent to you ( cc myself) returning the unsigned Joint
Declaration Addendum due to a conflict in the signatures required. An addendum to the Joint
Declaration is not an amendment to the Mutual Aid Agreement and does not require Commission
approvaL
I have redrafted the Addendum with the required signatures for your execution (see three
original enclosures). You should execute same and get the originals signed and filed accordingly
with our City Clerk.
Any questions, please contact me.
/MDP
Enclosures
cc: Robert Parcher, City Clerk (FYI) I