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HomeMy Public PortalAbout15-8955 Excute a MAA w/the City of Miami GardensSponsored by: City Manager RESOLUTION NO. 15-8955 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA, AUTHORIZING THE CITY MANAGER AND POLICE CHIEF TO ENTER INTO AND EXECUTE A MUTUAL AID AGREEMENT WITH THE CITY OF MIAMI GARDENS, FLORIDA WHEREAS, the City of Opa -locka and Miami Gardens Police Departments are located in such close proximity to each other that it is to the mutual benefit of both cities to execute a mutual aide agreement; and WHEREAS, it is in the public interest for the City of Opa -locka to enter into this Agreement and such an Agreement is permissible under Section 23.12, Florida Statutes, the Florida Mutual Aid Act; and WHEREAS, the Agreement is attached as Exhibit "A" to this Resolution. NOW, THEREFORE, BE IT DULY RESOLVED BY THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA: Section 1. The recitals herein are incorporated by reference. Section 2. The City Manager is authorized to enter into and execute a Mutual Aid Agreement with the City of Miami Gardens in the form attached as Exhibit "A ". Section 3. This Resolution shall take effect immediately upon adoption. PASSED AND ADOPTED this 13th day of A1r 2015. Resolution No. 15 -8955 (4yra L aylor Mayor Attest to: J04ina Flores City Clerk Moved by: Seconded by: Commissioner Vote: Approved as to form and legal sufficiency: iVincent T. Brown City Attorney VICE MAYOR HOLMES COMMISSIONER PINDER 4 -0 Commissioner Kelley: NOT PRESENT Commissioner Pinder: YES Commissioner Santiago: YES Vice Mayor Holmes: YES Mayor Taylor: YES Q .to�kq Oq�GNi kt'T Kelvin L. Baker, Sr. City Manager Memorandum To: Joanna Flores, City Clerk From: Kelvin L. Baker, Sr., City Date: March 19, 2015 A ECEIV Y CL � 2015 MAR 19 pM 1:11 Office: 305 - 953 -2821 305 - 953 -2823 Fax: 305 - 953 -2870 Re: Resolutions and /or Ordinances for the 03.19.2015 Commission Meeting Agenda Please place attached resolutions and /or ordinances sponsored by my office on the agenda for the March 25, 2015 Commission Meeting: Sponsor(s): Description of Resolution(s) and /or Ordinance(s): City Manager Resolution: A resolution from the Commissioners of Opa -locka to authorize the City Manager and City Police Chief to enter into and execute a Mutual Aid Agreement(MAA) between the City of Opa -locka and The City of Miami Gardens, Florida. TOTAL 11 Agenda Item If you have any questions, please advise. Cc: Joseph S. Geller, City Attorney End of Memorandum CITY HALL 3400 N.W. 135''' STREET, BUILDING "B ", OPA- LOCKA, FLORIDA 33054 (305) 953 -2821 AN EQUAL OPPORTUNITY EMPLOYER AND DOES NOT DISCRIMINATE ON THE BASIS OF HANDICAP ro, 1� C.�J ,��, 09nOn ' O.' Memorandum TO: Mayor Myra L. Ta or Vice Mayor Timothy o mes Commissioner Jos h . K Iley Commissioner Tere ce K. i der Commissioner Luis B San i FROM: Kelvin L. Baker, Sr., City Manag DATE: February 23, 2015 RE: Mutual Aid Agreement with the City of Miami Gardens Request: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA, AUTHORIZING THE CITY MANAGER AND CITY POLICE CHIEF TO ENTER INTO AND EXECUTE A MUTUAL AID AGREEMENT BETWEEN THE CITY OF OPA -LOCKA AND THE CITY OF MIAMI GARDENS, FLORIDA, IN SUBSTANTIALLY THE FORM ATTACHED HERETO, FOR LAW ENFORCEMENT SERVICES AND RESOURCES. Description: Mutual aid agreement. Account Number: N/A Financial Impact: N/A Implementation Time Line: Effective upon all parties executing agreement. Legislative History: Opa -locka Resolution: 10 -8000 Analysis: Mutually beneficial support during times of crisis. Recommendation(s): Staff Recommends Approval. Attachments: 1. Two (2) original sets of the proposed 2015 — 2020 Mutual Aid Agreement (already signed by Miami Gardens) between the City of Opa -locka and the City of Miami Gardens. 2. 2015 — 2020 Draft Resolution 3. Agenda Cover Memo 4. Interoffice Memorandum 5. Resolution 10 -8000 6. Expired 2010 - 2015 Mutual Aid Agreement between the City of Opa -locka and the City of Miami Gardens Prepared by: Clancy Huckleberry, Executive Secretary End of Memorandum ZAAgenda Items and Resolutions - Commission\MAA +MOU Cities PDs\Miami Gardens\Agenda Item Memo Mia Gdns.doc qp o g City of Opa -Locka Agenda Cover Memo Commission Meeting Item Type: Resolution Ordinance Other X Date: (EnterX in box) Fiscal Impact: (Enter X in box) n/a Yes No Ordinance Reading: (Enter X in box) 1st Reading 2nd Reading x Public Hearing: Yes No Yes No X X (Enter X in box) Funding Source: (Enter Fund & Dept) Advertising Requirement: Yes No X (Enter AcctNo.) n/a n/a (EnterX in box) ITEM BUDGETED: YES NO Contract /P.O. Required: Yes No RFP /RFQ /Bid #: n/a (Enter X in box) N/A Strategic Plan Related (Enter X in box) Yes No Strategic Plan Priority Area: Enhance Organizational p Strategic Plan Obj. /Strategy: (list the specific objective /strategy this item will address) x Bus. & Economic Dev p Public Safety X Quality of Education E3 Qual. of Life & City Image p Communcation Sponsor Name Department: City Manager Police Short Title: Mutual Aid Agreement between City of Opa -locka and City of Miami Gardens. Staff Summary: Staff supports entering into agreement. Proposed Action: Attachment: 1. Two (2) original sets of the proposed 2015 — 2020 Mutual Aid Agreement (already signed by Miami Gardens) between the City of Opa -locka and the City of Miami Gardens. 2. 2015 — 2020 Draft Resolution 3. Agenda Cover Memo 4. Interoffice Memorandum 5. Resolution 10 -8000 6. Expired 2010 - 2015 MAA Z: \Agenda Items and Resolutions - Commission \MAA +MOU Cities PDs \Miami Gardens \Agenda Cover Mia Gdns.doc Sponsored by: City Manager Resolution No. 10- 8 0 0 0 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA AUTHORIZING THE CITY MANAGER TO ENTER INTO AND EXECUTE AN OPERATIONAL ASSISTANCE MUTUAL AID AGREEMENT WITH THE CITY OF MIAMI GARDENS, FLORIDA, IN SUBSTANTIALLY THE FORM ATTACHED HERETO, FOR LAW ENFORCEMENT SERVICES AND RESOURCES; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE WHEREAS, the law enforcement agencies of the City of Opa- locka, Florida and the City of Miami Gardens, Florida are so located in relation to each other such that it is advantageous for each to receive an extended mutual aid agreement for law enforcement services and resources; and WHEREAS, the City of Opa -locka and the City of Miami Gardens are authorized to enter into a mutual aid agreement pursuant to Section 23.12, Florida Statues, Florida Mutual Aid Act, NOW, THEREFORE, BE IT DULY RESOLVED BY THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA: Section 1. The recitals to the preamble herein are incorporated by reference. Section 2. The City Manager is hereby authorized to enter into and execute an Operational Assistance Mutual Aid Agreement with the city of Miami Gardens, Florida, in substantially the form attached hereto, for law enforcement services and resources. Section 3. This resolution shall take effect immediately upon adoption. Resolution No. 10- PASSED AND ADOPTED this 13 day of JANUARY Attest to: D ORA S.IRBY CITY CLE Moved by: Second by: Commission Vote: Commissioner Holmes: Commissioner Johnson: Commissioner Tydus: Vice -Mayor Taylor: Mayor Kelley: HOLMES JOHNSON 5 -0 YES YES YES YES YES 2010. to YOR Approved as to form and legal sufficiency: JOI'H4i. GELLER, ESQUII IN ERI CITY ATTORNEY 01/13/2010 DATE MUTUAL AID AGREEMENT Between the City of Miami Gardens and the City of Opa -Locka Municipal Police Departments Whereas, it is the responsibility of the governments of the City of Miami Gardens and the City of Opa Locka, Florida, 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 Miami Gardens and Opa Locka 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 Cities of Miami Gardens and Opa Locka; and Whereas, the City of Miami Gardens and the City of Opa Locka have the authority under Chapter 23, Florida Statutes, Florida Mutual Aid Act, to enter into a mutual aid agreement; NOW, THEREFORE, BE IT KNOWN that the City of Miami Gardens, a political subdivision of the State of Florida, and the City of Opa Locka, 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. 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. The Joint Declaration between the City of Opa Locka and the City of Miami Gardens is attached hereto as Exhibit "A" and is hereby incorporated by reference. Subsequent to execution by 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 Miami Gardens or Opa Locka Police Departments. N c. Agency head: the City of Miami Gardens Manager or his designee shall have the right to bind the City of Miami Gardens, and the City Manager of Opa Locka or his designee shall have the right to bind the City of Opa Locka in accordance with this Agreement. d. Participating municipal police department: The City of Miami Gardens and Opa Locka. e. Certified law enforcement employee: Any law enforcement employee certified as provided in Chapter 943, Florida Statutes. 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. c. The agency heads of the participating law enforcement agencies, or their designees, shall establish procedures for giving control of the mission 3 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, 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, 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 the 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 0 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 ordinances and rules, and all pensions, insurances, 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 extra territorially 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, 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, may be seized. The property shall be seized, 5 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. 9. Effective Date and Duration: This Agreement shall be in effect from date of signing, through and including, January 1, 2015. Under no circumstances may this Agreement be renewed, amended, or extended except in writing. 10. Cancellation: This Agreement :may be cancelled by eit party upon sixty (60) days written notice to the other y. AGREED TO AND �OWLE D this day of�r , 2009. Dr. D O. Crew, City Manager City o iami Gardens, Florida ATTEST: Ronetta Taylor, e4 Clerk City of Miami Gardens Florida APPROV AS TO FORM AND LEC.AL SUFFICIENCY Knighton- Dickens, City Attorney of Miami Gardens, Florida��P� R e'Finnie, City Manager Opa Locka, Florida ATTEST: •r���G -�-- lees City Clerk ity of Opa Locka, Florida APPROVED AS TO FORM AND LEGA SU FICIE es S, 6e i ler �C:itk Attn Pv of Opa Locka, Florida JOINT DECLARATION BETWEEN THE CHIEF OF THE CITY OF OPA LOCKA POLICE DEPARTMENT AND THE CHIEF OF THE CITY OF MIAMI GARDENS POLICE DEPARTMENT PURSUANT TO A MUTUAL AID AGREEMENT A police officer of either of the participating law enforcement agencies shall be consi- dered to be operating under the provisions of the mutual aid agreement when: • participating in law enforcement activities that are preplanned and approved by each respective agency head, or • appropriately dispatched in response to a request for assistance from the other law enforcement agency. In compliance with and under the authority of the Mutual Aid Agreement heretofore entered into by the City of Miami Gardens, Florida and the City of Opa Locka, Florida, it is hereby declared that the following list comprises the circumstances and conditions under which mutual aid may be requested and rendered regarding police operations pursuant to the agreement. Said list may be amended or supplemented from time to time as needs dictate by subsequent declarations. 1. Joint multi jurisdictional criminal investigations. 2. Civil affray or disobedience, disturbances, riots, large protest demonstra- tions, controversial trials, political conventions, labor disputes, and strikes. 3. Any natural disaster. 4. Incidents which require rescue operations and crowd and traffic control measures including, but not limited to, large -scale evacuations, aircraft and shipping disasters, fires, explosions, gas line leaks, radiological incidents, train wrecks and derailments, chemical or hazardous waste spills, and elec- trical power failures. 5. Terrorist activities including, but not limited to, acts of sabotage. 6. Escapes from or disturbances within detention facilities. 7. Hostage and barricaded subject situations, and aircraft piracy. 8. Control of major crime scenes, area searches, perimeter control, back -ups to emergency and in- progress calls, pursuits, and missing person calls. 9. Enemy attack. 10. Transportation of evidence requiring security. 11. Major events; e.g., sporting events, concerts, parades, fairs, festivals and conventions. 12. Security and escort duties for dignitaries. 13. Emergency situations in which one agency cannot perform its functional ob- jective. 14. Incidents requiring utilization of specialized units; e.g., underwater recov- ery, aircraft, canine, motorcycle, bomb, crime scene, marine patrol, and po- lice information. 15. Joint training in areas of mutual need. 16. Joint multi jurisdictional marine interdiction operations. The following procedures will apply in mutual aid operations: 1. Mutual aid requested or rendered will be approved by the Chief of Police or designee. 2. Specific reporting instructions for personnel rendering mutual aid should be included in the request for mutual aid. In the absence of such instructions, personnel will report to the ranking on -duty supervisor on the scene. 3. Communications instructions will be included in each request for mutual aid. 4. Incidents requiring mass processing of arrestees, transporting prisoners, and operating temporary detention facilities will be handled per established pro- cedures. Iatthe oy , ief Date Miami Gar 0' partment $ D9 ,Tames Smith, ofj Date Opa a olice Department Fa MUTUAL AID AGREEMENT BETWEEN THE CITY OF MIAMI GARDENS AND THE CITY OF OPA -LOCKA WHEREAS, it is the responsibility of the governments of the City of Miami Gardens and the City of Opa- Locka, Florida, 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, or are likely to be, beyond the control of the services, personnel, equipment, or facilities of the Miami Gardens Police Department and Opa- Locka Police Department; 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 Cities of Miami Gardens and Opa- Locka; and, WHEREAS, the City of Miami Gardens and the City of Opa -Locka have the authority under Section 23.12, Florida Statutes, et seq., the Florida Mutual Aid Act, to enter into a mutual aid agreement for law enforcement service which provides for rendering of assistance in a law enforcement service. NOW, THEREFORE, that the City of Miami Gardens, a political subdivision of the State of Florida, and the City of Miramar, a political subdivision of the State of Florida, in consideration of 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: SECTION I: SHORT TITLE Mutual Aid Agreement SECTION II: 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. SECTION III: 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. The Joint Declaration between the City of Opa -Locka Police Department and the City of Miami Gardens Police Department is hereby incorporated by reference. Subsequent to execution by 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 Miami Gardens Police Department or Opa -Locka Police Department. C. Agency head: Either the Chief of the City of Miami Gardens Police Department, or the Chief's designee, and the Chief of the City of Opa -Locka Police Department or the Chief's designees. D. Participating municipal police department: The City of Miami Gardens and Opa- Locka. E. Certified law enforcement employee: Any law enforcement employee certified as provided in Chapter 943, Florida Statutes. SECTION IV: 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. F) 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. D. Whenever an officer or other employee is rendering assistance pursuant to the is agreement, the officer or employee shall abide by and be subject to the rules and regulations, personnel policies, general orders and standard operating procedures of his /her own employing agency. If any such rule, regulation, personnel policy, general order or standard operating procedure is contradicted, contravened or otherwise in conflict with a direct order of a superior officer of the requesting agency, then such rule, regulation, personnel policy, general order or procedure shall control and shall supersede the direct order. E. Whenever there is cause to believe that a complaint has arisen as a result of a cooperative effort as it may pertain to this agreement, the agency head or his /her designee of the requesting agency shall be responsible for the documentation of said complaint to ascertain at a minimum: 1.The identity of the complainant. 2.An address where the complaining party can be contacted. 3. The specific allegation. 4.The identity of the accused employee(s) without regard to agency affiliation. If it is determined that the accused is an employee of the assisting agency, the above information, with all pertinent documentation gathered during the receipt and processing of the complaint, shall be forwarded without delay to the agency head or his /her designee of the assisting agency for administrative review. The requesting agency may conduct a review of the complaint to determine if any factual basis for the complaint exists and /or whether any of the employees of the requesting agency violated any of their agency's policies or procedures. SECTION V: 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, during such time that said employees are actually providing aid outside of the jurisdictional limits of the 3 employing municipality pursuant to a request for aid made in accordance with this Agreement, shall, pursuant to the provisions of Chapter 23, Florida Statutes, 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 the 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 ordinances and rules, and all pensions, insurances, 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 extra territorially under the provisions of this Mutual Aid Agreement. The provisions of this Agreement shall apply with equal effect to paid and auxiliary employees. E. This agreement creates no rights or benefits in favor or any third parties and there are no intended third party beneficiaries with regard to the provisions herein. F. Nothing in this agreement is intended or is to be construed as any transfer or contracting away of the powers or functions of one party hereto to the other. SECTION VI: INDEMNIFICATION A. The political subdivision having financial responsibility for the law enforcement agency providing aid pursuant to this Agreement agrees 2 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, where applicable. B. Each party engaging in any mutual cooperation and assistance, pursuant to this Agreement, agrees to assume responsibility for the acts, omissions, or conduct of such party's own employee while engaged in rendering such aid pursuant to this Agreement subject to the provisions of Section 768.28, Florida Statutes, where applicable. C. Each party shall provide satisfactory proof of liability insurance or self - insurance by one or more of the means specified in §768.28(16)(a), Florida Statutes, in an amount which is, in the judgment of the governing body of that party. Should insurance coverage of any party be cancelled or undergo material change, that party shall notify all parties to this agreement of such change within ten (10) days of receipt of notice or actual knowledge of such chance. SECTION VII: FORFEITURES A. During the course of this Agreement, real property, vessel, motor vehicle, aircraft, currency or other property may be seized and subject to forfeiture under the Florida Contraband Forfeiture Act,. The jurisdiction in which the property was seized shall be considered the seizing agency. The seizing agency pursuing the forfeiture action shall have the exclusive right to control and the responsibility to maintain the property in accordance with Chapter 932, Florida Statutes, to include, but not be limited to, the complete discretion to bring the action or dismiss the action. B. All proceeds from the forfeited property as a result of or in accordance with this Agreement shall be equitably distributed among the participating agencies in proportion to the amount of investigation and participation performed by each agency less the costs associated with the forfeiture action. SECTION VIII: 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. 5 SECTION IX: EFFECTIVE DATE AND DURATION This Agreement shall be in effect from date of signing, through and including, January 1, 2020. Under no circumstances may this Agreement be renewed, amended, or extended except in writing. SECTION X: CANCELLATION This Agreement may be cancelled by either party upon sixty (60) days written notice to the other party. AGREED TO AND ACKNOWLEDGED this Cameron Benson, City Manager y City of Miami Gardens, Florid ATTEST: Ronetta Taylor, Ci lerk City of Miami Ga ns Florida APPggVED AS TO FORM AND LEGAL SUFFICIENCY Sonj4�Dickens, City Attorney City of Miami Gardens, Florida 2 day of , 201_ Kelvin L. Baker, Sr., City Manager City of Opa Locka, Florida ATTEST: Joanna Flores, City Clerk City of Opa Locka, Florida APPROVED AS TO FORM AND LEGAL SUFFICIENCY Joe Geller, City Attorney City of Opa Locka, Florida JOINT DECLARATION BETWEEN OPA LOCKA POLICE DEPARTMENT AND MIAMI GARDENS POLICE DEPARTMENT PURSUANT TO A MUTUAL AID AGREEMENT A police officer of either of the participating law enforcement agencies shall be considered to be operating under the provisions of the mutual aid agreement when: participating in law enforcement activities that are preplanned and approved by each respective agency head, or appropriately dispatched in response to a request for assistance from the other law enforcement agency. In compliance with and under the authority of the Mutual Aid Agreement here- tofore entered into by the City of Miami Gardens, Florida and the City of Opa Locka, Florida, it is hereby declared that the following list comprises the circumstances and conditions under which mutual aid may be requested and rendered regarding police operations pursuant to the agreement. Said list may be amended or supplemented from time to time as needs dictate by subsequent declarations. Joint multi - jurisdictional criminal investigations. 2. Civil affray or disobedience, disturbances, riots, large protest demonstrations, controversial trials, political conventions, labor dis- putes, and strikes. 3. Any natural disaster. 4. Incidents which require rescue operations and crowd and traffic con- trol measures including, but not limited to, large -scale evacuations, aircraft and shipping disasters, fires, explosions, gas line leaks, radi- ological incidents, train wrecks and derailments, chemical or hazard- ous waste spills, and electrical power failures. 5. Terrorist activities including, but not limited to, acts of sabotage. 6. Escapes from or disturbances within detention facilities. 7. Hostage and barricaded subject situations, and aircraft piracy. 8. Control of major crime scenes, area searches, perimeter control, back -ups to emergency and in- progress calls, pursuits, and missing person calls. 9. Enemy attack. 10. Transportation of evidence requiring security. 11. Major events; e.g., sporting events, concerts, parades, fairs, festivals and conventions. 12. Security and escort duties for dignitaries. 13. Emergency situations in which one agency cannot perform its func- tional objective. 14. Incidents requiring utilization of specialized units; e.g., underwater recovery, aircraft, canine, motorcycle, bomb, crime scene, marine patrol, and police information. 15. Joint training in areas of mutual need. 16. Joint multi - jurisdictional marine interdiction operations. FOR THE CITY OF MIAMI GARDENS �te Da Stepren E. J hnson, Chief Miami s Police Department ATTEST: Ronetta Taylor, p#Clerk City of Miami GhMens Florida 2 FOR THE CITY OF OPA -LOCKA Date Jeff Key, Chief Opa -Locka Police Department ATTEST: Joanna Flores, City Clerk City of Opa- Locka, Florida