Mutual Aid Agreement with The City of Miami Gardens, Florida ao/c-29/ 3
VOLUNTARY COOPERATION AND OPERATIONAL ASSISTANCE
MUTUAL AID AGREEMENT
BETWEEN THE CITY OF MIAMI BEACH, FLORIDA AND
THE CITY OF MIAMI GARDENS, FLORIDA
This Voluntary Cooperation and Operational Assistanck Mutual Aid Agreement
("Cooperation Agreement") is made as of this .5 day of twe 1k— , 2016
•(Effective Date), by and between the CITY OF MIAMI BEACH, FLORIDA, a municipal
corporation having its principal office at 1700 Convention Center Drive, Miami Beach, Florida
33139, and the CITY OF MIAMI GARDENS, FLORIDA, having its principal office at 18605 NW
27th Avenue, Miami Gardens FL 33056, state as follows:
RECITALS
WHEREAS, it is the responsibility of the governments of the City of Miami Beach,
Florida, and the City of Miami Gardens, Florida, to ensure the public safety of their respective
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
Beach Police Department or the City of Miami Gardens 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 City of Miami Beach, Florida, and the
City of Miami Gardens, Florida; and
WHEREAS, it is to the advantage of each law enforcement agency to receive and
extend mutual aid in the form of law enforcement services and resources to adequately respond
to:
(1) Continuing, multi jurisdiction law enforcement problems, so as to protect the public
peace and safety, and preserve the lives and property of the people; and
(2) Intensive situations including, but not limited to, emergencies as defined under
Section 252.34 of the Florida Statutes, or requests for certain law enforcement
services specified herein and as defined under Section 23.1225 of the Florida
Statutes; and
WHEREAS, the City of Miami Beach and the City of Miami Gardens have the voluntary
cooperation and assistance authority under the Florida Mutual Aid Act, Sections 23.12 - 23.127
of the Florida Statutes, to enter into this Voluntary Cooperation and Operational Assistance
Mutual Aid Agreement ("Cooperation Agreement") for law enforcement service which:
(1) Permits voluntary cooperation and operational assistance of a routine law
enforcement nature across jurisdictional lines as allowed under Section 23.1225, of
the Florida Statutes; and
(2) Provides for rendering of assistance in a law enforcement emergency as defined in
Section 252.34 of the Florida Statutes.
SECTION VIII. POWERS, PRIVILEGES, IMMUNITIES AND EXPENDITURES
(a) Employees of the City of Miami Beach and the City of Miami Gardens, when
actually engaging in mutual cooperation and assistance outside of their normal jurisdictional
limits but inside this State, under the terms of this Agreement, shall pursuant to the provisions of
Section 23.127(1) of the Florida Statutes (as amended) and this Agreement, have the same
powers, duties, rights, privileges and immunities as if the employee was performing duties
inside the employee's jurisdiction.
(b) Each party agrees to furnish necessary personnel equipment, resources and
facilities and to render services to each other party to this Cooperation Agreement as set forth
above; provided however, that no party shall be required to deplete unreasonably its own
personnel, equipment, resources, facilities, and services in furnishing such mutual aid.
(c) A party that furnishes equipment pursuant to this Cooperation Agreement must
bear the cost of loss or damage to that equipment and must pay any expense incurred in the
operation and maintenance of that equipment.
(d) The agency furnishing aid pursuant to this Cooperation Agreement shall
compensate its appointees/employees during the time such aid is rendered and shall defray the
actual travel and maintenance expenses of its employees while they are rendering such aid,
including any amounts paid or due for compensation due to personal injury or death while such
employees are engaged in rendering such aid.
(e) To the extent provided by applicable law, ordinance, or rule, the privileges and
immunities from liability, exemption from laws, ordinances and rules, and all pension, insurance,
relief, disability, worker's compensation, salary, death and other benefits that apply to the
activity of an employee of an agency when performing the employee's duties within the territorial
limits of the employee's agency apply to the employee to the same degree, manner, and extent
while engaged in the performance of the employee's duties extraterritorially under the provisions
of this Cooperation Agreement. The provisions of this section shall apply to paid, volunteer, and
reserve employees.
(f) Nothing herein shall prevent the requesting agency from requesting
supplemental appropriations from the governing authority having budgeting jurisdiction to
reimburse the assisting agency for any actual costs or expenses incurred by the assisting
agency performing hereunder.
(g) Should the City of Miami Beach receive reimbursement for expenditures from a
third party for a mutual aid event covered by this Cooperation Agreement, the City of Miami
Gardens shall be eligible to receive an equitable reimbursement share for any actual costs or
expenses incurred that are directly attributable to the event, provided such costs and expenses -
are authorized by the third party for reimbursement purposes.
(h) Should the City of Miami Gardens receive reimbursement for expenditures from a
third party for a mutual aid event covered by this Cooperation Agreement, the City of Miami
Beach shall be eligible to receive an equitable reimbursement share for any actual costs or
expenses incurred that are directly attributable to the event, provided such costs and expenses
are authorized by the third party for reimbursement purposes.
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(i) The parties acknowledge that the City of Miami Beach and the City of Miami
Gardens are authorized to pursue property seized pursuant to the Florida Contraband Forfeiture
Act. Each party shall have exclusive authority to initiate forfeiture proceedings originating in its
respective jurisdiction under the Florida Contraband Forfeiture Act for any matters which arise
from a mutual aid event that is covered by this Cooperation Agreement. Each respective party,
upon successfully prosecuting a forfeiture action, shall equitably share in those proceeds
seized, as acceptable by the Chief of Police of the City of Miami Beach and Chief of Police of
the City of Miami Gardens.
SECTION IX. INSURANCE
Each party shall provide, upon request, satisfactory proof of liability insurance by one or
more of the means specified in Section 768.28(16)(a) of the Florida Statutes (2010), in an
amount which is, in the judgment of the governing body of that party, at least adequate to cover
the risk to which that party may be exposed. Should the insurance coverage, however provided,
of any party be canceled 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
change.
SECTION X. EFFECTIVE DATE
This Agreement shall take effect upon execution and approval by both parties and shall
continue in full force and effect until December 31, 2019. Under no circumstances may this
agreement be renewed, amended, or extended except in writing.
SECTION XI. CANCELLATION
Either party may cancel its participation in this Agreement with at least thirty (30) days
written notice upon delivery to the other party.
In witness whereof, the parties hereto cause to these presents to be signed on the date
specified.
AGREED TO AND ACKNOWLEDGED this L day of leriri , 2016.
CITY OF MIAMI BE A " ) LORIDA CITY OF MIAMI GARDENS, FLORIDA
}2(67arel-t .
DANI L • - ES ANTONIO G. BROOKLEN
CHIEF •F POL CE CHIEF OF POLICE
Date: 2 701 r Date: 1.�
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JIMMY L MO' ' CAME-ON B. :ENSON
CITY MA AGE- CITY MA'AGER
Date: IHIL Date: I !t,/ ,23 0.616
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SONJ 11WICKENS, CITY ATTORNEY
Date: 0\h-04 I`4 10
ATTEST:
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APPROVED AS TO
FORM & LANGUAGE
&FOR EXECUTION
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City Attorney a et
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