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HomeMy WebLinkAbout23455AGREEMENT INFORMATION AGREEMENT NUMBER 23455 NAME/TYPE OF AGREEMENT CITY OF KEY BISCAYNE DESCRIPTION MUTUAL AID AGREEMENT/PROVIDING ADEQUATE LEVELS OF POLICING/FILE ID: J-93-229/R-93-0199 EFFECTIVE DATE ATTESTED BY WALTER FOEMAN ATTESTED DATE DATE RECEIVED FROM ISSUING DEPT. NOTE MUTUAL AID AGREEMENT Between City of Miami Police Department and Participating Municipal Police Departments WHEREAS, it is the responsibility of the governments of the City of Miami., Dade County, Florida 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, 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 the participating municipal police departments; 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 the participating Dade County municipalities; and WHEREAS, the City of Miami and the participating Dade County municipalities have the authority under Chapter 23, Florida Statutes, (1992), the Florida Mutual Aid Act, to enter into a mutual aid agreement; NOW THEREFORE, BE IT KNOWN that the City of Miami, a political subdivision of the State of Florida, and the undersigned representatives, 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. Short title: Mutual Aid Agreement. 2. Description: Since 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 (1992). 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 political subdivisions and shall thereafter become part of this Agreement. Said declaration may be amended or supplemented at any time by the agency heads by filing subsequent declarations with the clerks of the respective political subdivisions. b. Agency or participating law enforcement agency: Either the City of Miami Police Department or the participating municipal police department. 2 c. Agency head: Either the Chief of the City of Miami Police Department, or the Chief's designees; and the Chief of Police of the participating municipal police department, or the Chief's designees. 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. e. Certified law enforcement employee: Any law enforcement employee certified as provided in Chapter 943, Florida Statutes (1991). 4. Operations: a. In the event that a party to this Agreement is in need of assistance as specified in the applicable joint declaration, an authorized representative of the police department requiring assistance shall notify the agency from whom such assistance is requested. The authorized agency representative whose assistance is sought shall evaluate the situation and his available resources, and will respond in a manner deemed appropriate. b. Each party to this Agreement agrees to furnish necessary manpower, equipment, facilities and other resources and to render services to the other party as required to assist the requesting party in addressing the situation which caused the request; provided, however, that no party shall be required to deplete unreasonably its own manpower, equipment, facilities and other resources and services in rendering such assistance. - 3 - c. The agency heads of the participating law enforcement agencies, or their designees, shall establish procedures for giving control of the mission definition to the requesting agency, and for giving tactical control over accomplishing any such assigned mission and supervisory control over all personnel or equipment provided pursuant to this Agreement to the providing agency. 5. Powers, Privileges, Immunities, and Costs: a. All employees of the participating municipal police department, including certified law enforcement employees as defined in Chapter 943, Florida Statutes, (1991), during such time that said employees are actually providing aid outside of the jurisdictional limits of the employing municipality pursuant to a request for aid made in accordance with this Agreement, shall, pursuant to the provisions of Chapter 23, Florida Statutes, (1992), have the same powers, duties, rights, privileges and immunities as if they were performing their duties in the political subdivision in which they are normally employed. b. The political subdivision having financial responsibility for the law enforcement agency providing services, personnel, equipment or facilities pursuant to the provisions of this 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 political subdivision having financial responsibility for the law enforcement agency providing aid pursuant to this Agreement shall compensate all of its employees rendering aid pursuant to this Agreement 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, workers' compensation, salary, death and other benefits which apply to the activity of such officers, agents or employees of any such agency when performing their respective functions within the territorial limits of their respective agencies shall apply to them to the same degree, manner and extent while engaged in the performance of their functions and duties extraterritorially under the provisions of this Mutual Aid Agreement. The provisions of this Agreement shall apply with equal effect to paid and auxiliary employees. 6. Indemnification: The political subdivision having financial responsibility for the law enforcement agency providing aid pursuant to this Agreement agrees to hold harmless, defend, and indemnify the requesting law enforcement agency and its political subdivision in any suit, action or claim for damages resulting from any and all acts or conduct of employees of said providing agency while providing aid pursuant to this Agreement, subject to Chapter 768, Florida Statutes, (1991); where applicable. 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, (1992), may be seized. The property shall be seized, forfeited• and equitably distributed among the participating agencies in proportion to the amount of investigation and participation performed by each agency. This shall occur pursuant to the provisions of the Florida Contraband Forfeiture Act. 8. Conflicts: Any conflicts between this Agreement and the Florida Mutual Aid Act will be controlled by the provisions of the latter, whenever conditions exist that are within the definitions stated in Chapter 23, Florida Statutes (1991). 9. Effective Date and Duration: This Agreement shall be in effect from date of signing, through and including, any written cancellation thereof. Under no circumstances may this Agreement be renewed, amended; or extended except in writing. 10. Cancellation: This Agreement may be cancelled by either party upon sixty (60) days written notice to the. other party. Cancellation will be at the discretion of the agency heads of the participating law enforcement agencies. 6 AGREED TO AND ACKNOWLEDGED this, day of 1993. City Manager, City of Miami, City Manager, City of Florida Key Biscayne, Florida ATTEST: eq(City Clerk, City f Mi Florida City Clerk, City of Key Biscayne, Florida APPROVED AS TO FORM AND LEGAL APPROVED AS TO FORM AND LEGAL SUFFICIENCY: SUFFICIENCY: C t Y Florida Prepared By: a ria Pando Assis ant City Attorney Polic- Legal Advisor, City of Miami Police Department /u City of Miami, City Attorney, City of Key Biscayne, Florida AMP:rm �3465 - If C► (I t4AtZAtERS nFFtCE TO: 99 lJ Os City Manager 5 FROMCa'1'71n Ross - hief -of Police Miami' --Police Dept. CITY OF MIAMI, FLORIDA INTER -OFFICE MEMORANDUM DATE : May 21,, -1993. SUBJECT : Mutual Aid Agreement REFERENCES : ENCLOSURES: FILE : Enclosed please find Mutual Aid Agreements and accompanying Join Decl - - ' ons joetweeL Cit off •. t-h, cities Pursuant to the Florida Mutual Aid Act, as amended, only you can execute such agreements on behalf of the law enforcement agency when authorized by the City Commission. By resolution, the City Commission authorized such on March 25, 1993. Please execute the enclosed agreements and forward them to the City Clerk for her signature. Once she executes them, please forward them to us and we will submit them to the appropriate municipality for the requisite signatures. Should you have any questions or require any additional information regarding this matter, please advise. AMP:CR:rm L-)/ » Wn- /$"-- J-93-229 3/25/93 93- 199 RESOLUTION NO. A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE MAYOR OR THE CITY MANAGER OF THE CITY OF MIAMI TO ENTER INTO MUTUAL AID AGREEMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, WITH THE MUNICIPALITIES OF HOMESTEAD, MIAMI SPRINGS, NORTH MIAMI, NORTH MIAMI BEACH, SOUTH MIAMI AND KEY BISCAYNE, ON BEHALF OF THE CITY OF MIAMI POLICE DEPARTMENT PURSUANT TO SECTION 23.1225(3), FLORIDA STATUTES (1992). WHEREAS, Chapter 23, Florida Statutes, the Florida Mutual Aid Act, was recently amended requiring the authorization by the governing body of the municipality before a Mutual Aid Agreement may be entered into by the Mayor or the chief executive officer of the municipality on behalf of a law enforcement agency; and WHEREAS, there is 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 and/or the participating municipal police departments; and WHEREAS, to meet the responsibility of the respective governments to ensure the public safety of their citizens by providing adequate levels of police services, preparation must be CITY COM 1iSSION MEETING OF MAR 2 5 1993 Resolution No. 93- 199 ensured to protect the public peace and safety and to preserve the lives and property of the people of the City of Miami and/or the participating municipal police departments; 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 thereto and incorporated herein as if fully setforth in this Section. Section 2. The Mayor or the City Manager of the City of Miami is hereby authorized-/ to enter into Mutual Aid Agreements, in a form acceptable to the City Attorney, with the municipalities of Homestead, Miami Springs, North Miami, North. Miami Beach, South Miami and Key Biscayne on behalf of the City of Miami Police Department pursuant to Section 23.1225(3), Florida Statutes (1992). Section 3. This Resolution shall become effective immediately upon its adoption. PASSED AND ADOPTED this 25th day of , 193. ATTE MATTY HIRAI, CITY CLERK 1/ XAVIER SUAREZ, MAYOR 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. 93- 199 -2- y PREPARED AND APPROVED BY: atiaer--‘ A t A' MA IA PANDO ASSIST NT CITY ATTORNEY APPROVED AS TO FORM AND CORRECTNESS: /-.1,/f A. QU NN JO S, III CITY AT 0'. EY AMP:os•:M3507 93- 199 -3-