HomeMy Public PortalAbout1993 Police Mutual Aid Agreement!ifg of �i�tmt
A. QUINN JONES, 111
City Attorney
June 14, 1993
Jack Fenwick, Mutual Aid Director
FDLE
P.O. BOX 1489
Tallahassee, Florida 32302
Dear Mr. Fenwick:
Enclosed please find copies of executed Mutual Aid
Agreements being submitted to your agency pursuant to Section
23.1225(4), Florida,Statutes(1992).
If you have any further concerns or questions do not
hesitate to contact me at 579-6577.
Sincerely;,
l
1
Ana M ria Pando, Esquire
Assisi ant City Attorney
AMP:rm
OFFICE OF THE CITY ATTORNEY/POLICE LEGAL UNIT/400 N.W. Second Avenue/Miami, Florida 33128/(305) 579-6576
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 part cipating 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.
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 rehdering such assistance.
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
4
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 ot'di_nance and rules, and all
pension, insurance, relief, disability, workers'
compensation, salary, death and other benefits which apply
to the activity of such officer:, 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
5
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
R.
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
City Manager, City of Miami,
Florida
ATTEST:
APPROVED AS TO FORM AND LEGAL
SUFFICIENCY:
City
Florida
Prepared By:
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City of Miami, City A orney, City f
Key Biscayne, Florida
day of
Cyty Manager, City of
tey Biscayne, Florida
1993.
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City Cl- k, City of
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APPROVED AS TO FORM AND
SUFFICIENCY:
A a M.ria Pando
Assis-ant City Attorney
Polic- Legal Advisor, City of Miami Police Department
AMP:rm
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