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Home My WebLink AboutR-77-0413RESOLUTION NO 7I' ' 4I ..._. A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN INDEMNITY AGREEMENT BETWEEN TFt CITY OF MIA[+II INDEMNIFYING THE U.S. COVERNIEI+?T, THE LAW ENFORCEMENT ASSISTANCE ADMINISTRA,, TRW (LEAA), THE NATIONAL INSTITUTE OF LAW ENFORCEMENT AND CRIMINAL JUSTICE AND THE AEROSPACE CORPORATION, AND THE OFFICERS, EMPLOYEES, SUBCONTRACTORS AND AGENTS OF EACH, PURSUANT TO THE PROVISIONS SET FORTH IN THE ATTACHED INDEMNITY AGREEMENT, FROM ANY AND ALL LIABILITY WHICI: MAY ARISE FROM THE RETENTION AND USE BY THE POLIO DEPARTMENT OF THE 188 BODY ARMOR VESTS; FURTHER PROVIDING FOR THE ACCEPTANCE BY THE POLICE DEPARTMENT OF 188 BODY ARMOR VESTS AT NO COST FROM THE LEAA. WHEREAS, in December, 1975, the Miami Police Depart- ment entered into an agreement with the Aerospace Corporation to serve as one of the test cities for field evaluation of lightweight, limited -protection, inconspicuous, and continuous -wear body armor; and WHEREAS, the Aerospace Corporation was acting on behalf f ` the National Institute of Law Enforcement and Criminal Justice (NILECJ) , the Law Enforcement Assistance Administration (LEAA); and WHEREAS, during 1976, 180 departmental personnel vol- untarily participated by wearing the test garments and submitting monthly reports concerning their experiences; and WHEREAS, the formal testing and data collecting portion of. the Body Armor Field Test program has been completed and the Miami Police Department has been notified by letter that LEAA has decided the test garments provided as government furnished property be retained by the participating police departments if the said police departments release and inmenify NILECJ, LEAA, the U.S. Government and the Aerospace Corporation and their subcontractors from any and all liability which may arise the test garments; and ITEM N.:. WHEREAS, the City Manager and the Chief of Police CITY COMMISSION MEETING OF MAY 1 2 1977 +iwnoo "'.77" 44444 e6O et4d teat the t•Ycif Miarli- eked te' th@ attached thdeffaqtY Ai r• eetnent and accept 1A8 armored body vests froii the LEAA fof use by the Miami 'glide Department; NOW, TStREFORE, BE IT RtSOLVED $Y TEE Cof.,MISSION OF Ty:OF•MIAMi, FLORIDA: Section 1. The City Manager is hereby authorized to ,execute the Indemnity Agreement, attached hereto and made a part hereof, pertaining to the indemnification by the City of Miami of the United States Government, the Law Enforcement Assistance Administration (LEAA), the National Institute of Law Enforcement and Criminal Justice, and the Aerospace Corporation, and the officers, employees, subcontractors and agents of each, from any and all liability which may arise from the retention and use by the Miami Police Department of the 188 Body Armor Vests received from the LEAA. Section 2. The City of Miami Police Department is hereby authorized to accept 188 Body Armor Vests from the LEAA, t no cost to the City. PASSED,AND AND ADOPTED this 12th day of May,,1977. MAURICE A. FERRE ATTEST: MAURICE A. FERRE MAYOR RALP� ITY CLERKL-e PREPARED AND APPROVED BY: ROBERT F. CLARK ASSISTANT CITY ATTORNEY ,FORGE , KNOX, JR. CITY A ORNEY mph Pr d City Manage Garland Watkins Chief of Police 4rii. 1,1§11 0dy Arfttor Tebt ProgrA t4 release front abil Pelease and lhdeitmnifidatioh 8tatementw In December 1975, the Miami Police Department entered into an agreement with the Aerospace Corporation to serve as one of the test cities for field evaluation of lightweight, limited -protection, inconspicuous, and continuous -wear body armor. Aerospace Corporation was acting on behalf of the National Institute of Law Enforcement and Criminal Justice, (NILECJ), and the Law Enforcement Assistance Administration, (LEAA). During 1976, one hundred and eighty (180) departmental personnel voluntarily participated by wearing the test garments and submitting monthly reports concerning their experiences. The formal test and data collecting portion of the Body Armor Field Test program has been completed. The department has been notified by letter that LEAA has decided the test garments provided as govern- ment furnished property be retained by the participating police de- partments. However, this can only be accomplished if the department expressly releases and indemnifies LEAA, The Aerospace Corporation, and their sub -contractors from any and all liability which may arise from the retention of the test garments. Miami was fortunate in that we experienced no police officers shot during the test period. On those occasions in other test cities where shootings occurred, the garments prevented serious injury to officers in every instance, and seemingly exceeded the designed ballistic penetration resistance specifications. I recommend that the City enter into agreement and such indemnifi- cation be executed. In do -doing, the City of Miami acquires one hundred and eighty eight, (188), armored body vest for use by the Department of Police. Accordingly, attached is the Release and Indemnification statement. GPW:hg 01411rtti STA 'Et titPAttPMt N, Or Itt§'rtC LAW tNrOttettAtNit AMtgcrANCt AbMiNts AttoN •A51i1NConk 11, c, 20 3i NEN1 AE -- tits of 'iii: AbN0.4 tkAI* i Chief Garland Fs Watkin"s Miami Police Department p,'0, Box 614 Miami, Florida 33152 Dear Chief Watkins: As you are aware, the formal test and data collection portion of the Body Armor Field Test program has been completed. I wish to take this opportunity to extend to you and your officers the gratitude of the Law Enforcement Assistance Administration (LEAA) and the National Institute of Law Enforcement and Criminal Justice for your participation in and support of this program. Some five thousand protective garments were distributed to fifteen police departments participating in this program. It is the decision of LEAA that the test garments provided as government -furnished property be retained by the participating police departments. However, this action can only be accomplished if your department expressly releases and indemnifies LEAA, The Aerospace Corporation, and their subcontractors from any and all liability which may arise from your retention of the test garments and their use by any person thereafter. If you wish to retain the test garments, please sign or have signed by the legally - designated appropriate representative the attached statement and return it to: The National Institute of Law Enforcement and Criminal Justice 633 Indiana Avenue, N. W. Washington, D. C. 20531. Attention: Lester D. Shubin 461 `do nbt 'wi h t' t*ot i n th' ga alit t acid :thy Will boe1, Th nk you ga ti fob youix toopeizat tti tnd itii5p t Ehi t a t, Very t61 y yours, Jamet Mr H. GNegi% Actin Admini trato Attachment Lt.AS .o the/ .. ` ol�ce 1 etpai"tneht'het 'by rtIeascs C'' Utjlt` ,x . `� � ><� 8ts:tcs r'�t�i5r iistratiti it thi; f a'10iiat 1hs1.3ttitc.h La\4..1 htoi cetiictit and C,i'ii7�ili l , tistico','. 'hc `y�rt°ii:spac,e t6:4ibt-ritia6','aii the �3z�sy eti7ploj-•r.es� sh d'niatractors, atld a eiits of "'each on ahy• and all tiabi1it ic}� a noisy oi':,ih t! 'e ii tiii e' ai=isc ti ohl the iise o1 it e� .r 'of 'the pi otcutit at Men tt pre idled io lhis Police bipat-EtY cht as part of ;the l; ody i\1rt�ot+ rest 1'rotrah,s tt is .t ti.de stood that these garmehts vc e oll ot�15F fr�i' tiic',dti"i atie+:i of the test Urr.`;t�irii;to assess" their itt�aiabil t}} aid iiin,Cirt 11.,is ftirthci ; . irtidcrst� od °tlie test pt'ogratri has' bc-eii coi,-,li1cttdy aid th'c t ariiicnt ai`c released "to t}lis Police' Dcpartmcnt without atny, �i`arrlanty ar g�iaaiitcey c.\p1-ess or itiip1ic"d, o ..thcit ballistic. pc �e'tratiofl rc�lsta.r Cc',or protecti 'e features . `rhr�• so.t.atinents.art c-onsi'd:eredh has`' bcc i abaridotied in' place, The u-idet signed ackii6i<l.edgcs that the use.of:any shell pratec;ti e: gar'inci t. sha11 be solely. at'.the ti'se,r.ts rrsk Fu thr t��orc, the irndPi. `.gk siticd iiiderrit�ifies the abot e�nanied titiEi s a ainst'"all loss of da inage) i t vhatsocVcr" 1:ind ho' ever'_ occasioned, tad red ardiess of responsibility foi'.fault or`nc�li�re n suich use+b�; this `� } i1CCireSliltirl� ii t7t nely oi`;ai1 Other ci•soh atfl honied }' thCT._; P.rilicc, ;Departinenty its, pc rsoh y` p kTTEST: CITY'.CLERI< PP ROV 'AS TO 1• EURc L . t ICE • CITY ,OI': 1IAMI, FLORIDA' SEAL (Signed 'CITY MANAGER AND CORRECTNESS . C 'rY •A KNL Y,. for the t4iami (Title Police Department The Police Dep)artment.do not accept the I)rotective garrnents, and will return them to LEAA. (Signed) olice I)epartnlent`