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HomeMy WebLinkAboutJ-1 Resolution: MDC Mutual Aid AgreementCity of ~Vlidmi ~ard~ens 1515-200 NW 167`" Street Miami Gardens, Florida 33169 Date: September 25, 2007 Fiscal Impact: No X Yes ^ (If yes, explain in Staff Summary) Funding Source: N/A Contract/P.O. Requirement: Yes ^ No X Sponsor Name/Department: R. Farmer Aqenda Cover Paqe Mayor Shirley Gibson Vice Mayor OscarBraynon II Councilman Melvin L. Bratton Councilman Aaron Campbell Jr. Councilwoman Sharon Pritchett Councilwoman Barbara Watson Councilman Andr~ Williams Public hearing ^ Ordinance ^ 1st Reading ^ Advertising requirement: RFP/RFQ/Bid # Title Quasi-Judicial ^ Resolution X 2nd Reading ^ Yes ^ No X A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, MIAMI-DADE COUNTY, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE A MUTUAL AID AGREEMENT AND JOINT DECLARATION BETWEEN THE CITY AND MIAMI-DADE COUNTY, TO PROVIDE ADEQUATE LEVELS OF POLICE SERVICE FOR THE MUTUAL BENEFIT OF EACH AGENCY IN SUBSTANTIAL FORM AS THAT AGREEMENT ATTACHED HERETO AS EXHIBIT A; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE. Staff Summarv The Miami Gardens Police Department (MGPD) will begin operations on December 1, 2007. Chapter 23 of the Florida State Statutes provides that municipalities can enter into mutual aid agreements to enhance services and share resources for the benefit of their citizens. In an effort to provide the optimum level of service to the residents of the City of Miami Gardens, the attached resolution is presented to authorize the City Manager to execute a Mutual Aid Agreement and Joint Declaration with Miami-Dade County for incidents arising within the county and specifically the City of Miami Gardens. The agreement will benefit both entities, and delineates measures to protect the interest of the City and identify specific areas of responsibility and response. Recommendation: J-1) CONSENT AGENDA RESOLUTION MIAMI-DADE COUNTY MUTUAL AID AGREEMENT That the City Council approves the attached resolution authorizing the City Manager to execute a Mutual Aid Agreement with Miami-Dade County. Resolution No. RESOLUTION No. 2007- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, MIAMI-DADE COUNTY, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE A MUTUAL AID AGREEMENT AND JOINT DECLARATION BETWEEN THE CITY AND MIAMI-DADE COUNTY, TO PROVIDE ADEQUATE LEVELS OF POLICE SERVICE FOR THE MUTUAL BENEFIT OF EACH AGENCY IN SUBSTANTIAL FORM AS THAT AGREEMENT ATTACHED HERETO AS EXHIBIT A; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE. 1 WHEREAS, Chapter 23, Florida Statutes, entitled Florida Mutual Aid Act, 2 authorizes various agencies to enter into agreements whereby the resources of one will 3 be used to enhance the resources of the other, and 4 WHEREAS, the City has established a professional Police Department and is 5 desirous of entering into various Mutual Aid Agreements and Joint Declarations of 6 responsibilities with various agencies and sister cities, the borders of which are 7 contiguous to those of the City, and 8 WHEREAS, the City Council has determined, upon investigation and inquiry that 9 the making of a mutual aid agreement with the agency named herein is a valid public 10 purpose and will benefit the residents of the City, 11 NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 12 OF MIAMI GARDENS, FLORIDA, AS FOLLOWS: 13 Section 1. ADOPTION OF REPRESENTATIONS: The foregoing Whereas 14 paragraphs are hereby ratified and confirmed as being true, and the same are hereby 15 made a specific part of this Resolution. 16 Section 2. AUTHORIZATION: The City Council of the City of Miami Gardens, 17 Miami-Dade County, Florida, authorizes the City Manager to execute a Mutual Aid 1 Resolution No. 18 Agreement and Joint Declaration between the City and Miami-Dade County, to provide 19 adequate levels of police service for the mutual benefit of each agency in substantial 20 form as that Agreement attached hereto as Exhibit "A." 21 Section 3. EFFECTIVE DATE: This Resolution shall take effect immediately 22 upon its final passage. 23 PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF MIAMI 24 GARDENS AT ITS REGULAR MEETING HELD ON SEPTEMBER 25, 2007. SHIRLEY GIBSON, MAYOR ATTEST: RONETTA TAYLOR, CMC, CITY CLERK Prepared by JAMES C. BRADY, ESQ. Assistant City Attorney SPONSORED BY: RENEE FARMER, ASSISTANT CITY MANAGER MOVED BY: SECONDED BY: VOTE: Mayor Shirley Gibson (Yes) (No) Vice Mayor Barbara Watson (Yes) (No) Councilman Melvin L. Bratton (Yes) (No) Councilman Aaron Campbell (Yes) (No) Councilman Andre Williams (Yes) (No) Councilwoman Sharon Pritchett (Yes) (No) Councilman Oscar Braynon II (Yes) (No) JCB/teh 263387_1.DOC 2 Resolution No. 56 MUTUAL AID AGREEMENT Between Miami-Dade County and Participating Municipal Police Departments Whereas, it is the responsibility of the governments of Miami-Dade County, Florida, and the City of Miami Gardens 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-Dade 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 County of Miami-Dade and the City of Miami Gardens; and Whereas, Miami-Dade County and the City of Miami Gardens 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 Miami-Dade County, a political subdivision of the State of Florida, and the City of Miami Gardens, 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 Miami-Dade County 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- Dade Police Department or the participating municipal police department. c. Agency head: The Miami-Dade County Manager or his designee shall have the right to bind Miami-Dade County, and the City Manager or his 2 designee shall have the right to bind the City of Miami Gardens in accordance with this Agreement. d. Participating municipal police department: The City of Miami Gardens 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 necessaxy 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 definition to the requesting agency, and for giving tactical control over accomplishing any such assigned mission and supervisory control over all 3 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 aid. Such compensation shall include any amounts paid or due for compensation due to personal injury or death while such employees are 4 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 sieved, forfeited, and equitably distributed among the participating agencies in proportion to the amount of investigation and participation performed by each 5 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 l, 2010. Under no circumstances may this Agreement be renewed, amended, or extended except in writing. 6 10. Cancellation: This Agreement may be cancelled by either party upon sixty (60) days written notice to the other party. . AGREED TO AND ACKNOWLEDGED this day of City Manager City of Miami Gardens, Florida ATTEST: City Clerk City of Miami Gardens Florida APPROVED AS TO FORM AND LEGAL SUFFICIENCY City Attorney City of Miami Gardens, Florida 266438_1.DOC , 2007 County Manager Miami-Dade County, Florida ATTEST: County Clerk Miami-Dade County, Florida APPROVED AS TO FORM County Attorney Miami-Dade County, Florida 7