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HomeMy WebLinkAboutR-97-0501J-97-509 7/22/97 RESOLUTION NO. g 7— 501 A RESOLUTION, WITH ATTACHMENT, AUTHORIZING THE CITY MANAGER TO EXECUTE A MUTUAL AID AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, ON BEHALF OF THE CITY OF MIAMI WITH THE SCHOOL BOARD OF DADE COUNTY FOR THE PURPOSE OF RENDERING MUTUAL LAW ENFORCEMENT AID. WHEREAS, there is an existing and continuing possibility of 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 law enforcement departments; and WHEREAS, to meet the responsibility of the respective governments to ensure the public safety and peace for the citizens of their communities, it is necessary for the various participating governmental agencies to execute a Mutual Aid Agreement between themselves and the City of Miami; and WHEREAS, Section 23.1225(3)(b) of the Florida Statues requires that authorization for entering into Mutual Aid Agreements first be obtained by the governing body of the municipality; 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 hereby adopted by reference the�eto and incorporated herein as if fully set forth in this Section. ATTACHMENT (S) CON F a s. Car COMOSSION METING OF J U L 2 4 1997 tlesoludon No. 97- 501 Section 2. The . City Manager is hereby authorized to execute a Mutual Aid Agreement, in substantially the attached, form, on behalf of the City of Miami with the Dade County School Board, for the purpose of rendering mutual law enforcement aid. Section 3. This Resolution shall become effective immediately upon its adoption. PASSED AND ADOPTED this 2 4 th day of July 1997 ATTEST: WALTER J. tOtMAN CITY CLERK PREPARED AND APPROVED BY: ASSIST PANDO CITY ATTORNEY l JOE CAROLLO, / AYOR APPROVED AS TO FORM AND CORRECTNESS: 2- 9'7 -- 501 MUTUAL AID AGREEMENT Between The School Board of Dade County, Florida and the City of Miami, Florida Whereas, it is the responsibility of the government of Metropolitan Dade County and the participating Dade County municipalities 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, there exists 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 of The Division of School Police or the participating municipal police department; and Whereas, it is the desire of the parties to ensure that preparation by these police departments 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 Dade County and the participating municipality; and Whereas, The School Board of Dade County, Florida and the City of Miami, Florida, have authority under Chapter 23, Florida Statutes, Florida Mutual Aid Act, to enter into a mutual aid agreement; NOW, THEREFORE, BE IT KNOWN that The School Board of Dade County, Florida and the City of Miami, Florida 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: -1- 97- 501 Short Title: Mutual Aid Bement 0 2. Description: 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, 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 governing agencies and shall thereafter become part of this Agreement. The Joint Declaration may be amended or supplemented at any time by the police chiefs by filing subsequent fully executed declarations with the clerks of the governing agencies. b. Agency or participating Law Enforcement Agency: Either the Division of School Police or the Miami Police Department. C. Agency Head: Either the Chief of the Division of School Police, or the Chief s designee; and the Chief of Police of the City of Miami, or the Chiefs designee. d. Participating Municipal Police Department: The police department of any municipality in Dade County, Florida, that has approved and executed this agreement upon the approval of the governing body of that municipality. C. Certified Law Enforcement Employee: Any law enforcement employee certified as provided in Chapter 943, Florida Statutes. -2- 97-- 501 4. Operations: • a. In the event that a party to this Agreement is in need of assistance as specified ip the apblicable Joint Declaration, the Chief of Police or designee of the police department requiring assistance shall notify the Chief of Police from whom such assistance is requested. The Chief of Police whose assistance is sought shall evaluate the situation and determine available resources, and will respond accordingly. b. Each party to this Agreement agrees to furnish necessary personnel, equipment, facilities, and other resources and to render services as stated in the Joint Declaration and to assist the requesting party in addressing the situation which caused the request; provided, however, that no party shall be required to deplete unreasonably it's own personnel, equipment, facilities and other resources and service in rendering such assistance. c. The Agency Heads of the Participating Law Enforcement Agencies, or their de: ignees, shall determine how to; (I.) give control of the mission definition to the requesting agency; (2.) give tactical control over accomplishing any assigned mission, "and; (3.) give supervisory control over all personnel or equipment provided pursuant to this Agreement to the requesting agency. 5. Powers, Privileges, Immunities, and Costs: a. All employees of the Participating Law Enforcement Agencies, including certified law enforcement employees as defined in Chapter 943, Florida Statutes, during such time that said employees are actually providing aid outside of the jurisdictional limits of the employing agency pursuant to a request made in -3- 97- 501 accordance with Wgreement, shall, pursuant to the provisions of Chapter 23, Florida Statutes, have the same power, duties, rights, privileges, and immunities as if they were performing their duties in the jurisdictional limits in which they are normally employed. b. The party having financial responsibility for the Participating Law Enforcement Agency providing services, personnel, equipment, or facilities pursuant to the agreement shall bear any loss or damage to same and shall pay any and all expenses incurred in the maintenance and operation of same. C. The party having financial responsibility for the Participating Law Enforcement Agency providing aid pursuant to this Agreement shall compensate all of its employees during the time of the 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 exemption from ordinance and rules, and all pension, insurance, relief, disability, worker's compensation, salary, death, and other benefits which apply to the activity of such officers, agents, or employees of any such agency when preforming their respective functions within the jurisdictional limits of their respective agencies shall apply to them on the same degree, manner, and extent while engaged in the performance of their functions and duties jurisdictionally under the provisions of this Agreement. -4- 97- 501 The provisions 4s Agreement shall apply to each party0articipating personnel. 6. Indemnification: Subject to Chapter 768, Florida Statutes, the party having financial responsibility for the Participating Law Enforcement Agency providing aid pursuant to this Agreement agrees to hold harmless, defend, and indemnify the requesting party while providing aid pursuant to this Agreement, to the extent allowable by Florida Law. 7. Forfeitures: It is recognized that during the course of the operation of this Agreement, property subject to forfeiture under the Florida Contraband Forfeiture Act, Florida Statutes, may be seized. The property seized and forfeited shall be equitably distributed among the participating agencies in proportion to the amount of investigation and participation performed by each agency as determined by the agency heads. This apportionment shall occur pursuant to the provisions of the Florida Contraband Forfeiture Act. 8. Conflicts: Any conflicts between this Agreement and Chapter 23 Florida Statutes, Florida Mutual Aid Act will be governed by the provisions of the Act. 9. Effective Date and Duration: This Agreement shall become effective from date of signing through and including, January 1, 2001. Under no circumstance may this Agreement be renewed, amended, or extended except in writing and signed by the parties. 10. Cancellation: This Agreement may be canceled by either party upon sixty (60) days written notice to the other party. -5- 97- 501 Signed as of the day o9—, 1997. 0 City Manager Chief of Police Miami Police Department City Clerk APPROVED AS TO FORM City Attorney Chair, School Board of Dade County, Florida Superintendent of Schools APPROVED AS TO FORM School Board Attorney -6- 97- 501 CITY OF MIAMI, FLORIDA CA=7 INTER-OFFICE MEMORANDUM 1 TO : The Honorable Mayor and Members DATE: JUL1 7 JAG^ FILE: of the City Commission SUBJECT: Proposed Resolution FRO%iEd Marquez REFERENCES: Mutual Aid Agreement City Manager ENCLOSURES: RECOMMENDATION: It is respectfully recommended that the City Commission adopt the enclosed Resolution authorizing the City Manager to execute a Mutual Aid Agreement between the City of Miami and the School Board of Dade County, for the purpose of rendering mutual law enforcement aid, as requested. BACKGROUND: There is an existing and continuing possibility of 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. To meet the responsibility of the respective governments to ensure the public safety and peace for the citizens of their communities, it is necessary for the various participating governmental agencies to execute a Mutual Aid Agreement between themselves. 97- 501 1