HomeMy Public PortalAbout20-9826 MOU with Town of Medley for Law Enforcement ServicesSponsored by: City Manager
RESOLUTION NO. 20-9826
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
OPA-LOCKA, FLORIDA, AUTHORIZING THE CITY MANAGER
TO ENTER INTO AND EXECUTE A COMBINED VOLUNTARY
COOPERATION AND OPERATIONAL ASSISTANCE MUTUAL
AID AGREEMENT BETWEEN THE CITY OF OPA-LOCKA,
FLORIDA AND THE TOWN OF MEDLEY, FLORIDA, IN
SUBSTANTIALLY THE SAME FORM AS ATTACHED, FOR LAW
ENFORCEMENT SERVICES AND RESOURCES; PROVIDING
FOR INCORPORATION OF RECITALS; PROVIDING FOR AN
EFFECTIVE DATE
WHEREAS, the City of Opa-Locka, Florida ("City"), and the Town of Medley,
Florida ("Medley"), are authorized to enter into Combined Voluntary Cooperation
and Operational Assistance Mutual Aid Agreement ("MAA") pursuant 23.12.
Florida Statutes, Florida Mutual Aid Act; and
WHEREAS, the MAA with Medley provides for requesting and rendering of
assistance for both routine and law enforcement critical situations; and
WHEREAS, the Miami -Dade Board of County Commissioners has indicated its
intent to distribute funds to cities within Miami -Dade County to mitigate the
financial impact cities have had in responding to the health emergency caused by
COVID-19; and
WHEREAS, the City Commission of the City of Opa-Locka desires to authorize
the City Manager to enter into and execute a Combined Voluntary Cooperation and
Operational Assistance Mutual Aid Agreement with the Town of Medley, effective
through Year 2024, in a form substantially the same as the attached Exhibit "A".
NOW THEREFORE, BE IT RESOLVED THAT THE CITY COMMISSION
OF THE CITY OF OPA LOCKA, FLORIDA:
Section 1. Adoptions of Representations. The foregoing "Whereas" clauses
are hereby ratified and confirmed as being true, and the same are hereby made a
specific part of this Resolution.
Section 2. Authorizing Execution of Interlocal Agreement. The City
Commission of the City of Opa-Locka, Florida hereby authorizes the City Manager
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Resolution No. 20-9826
to enter into and execute a Combined Voluntary Cooperation and Operational
Assistance Mutual Aid Agreement with the Town of Medley, substantially in the
form attached hereto as Exhibit "A".
Section 3. Effective Date. This Resolution shall take effect immediately upon
adoption, and is subject to the approval of the Governor of the State of Florida or his
designee.
PASSED AND ADOPTED this 9th day of December, 2020.
Matthew A. gatt, Mayor
ATTEST:
a Flores, City Clerk
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY:
adette Norris
ity Attorney
eeks, P.A.
Moved by: Vice Mayor Williams
Seconded by: Commissioner Davis
VOTE: 5-0
Commissioner Davis YES
Commissioner Burke YES
Commissioner Taylor YES
Vice -Mayor Williams YES
Mayor Pigatt YES
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City of Opa-locka
Agenda Cover Memo
Department
Director:
Major Darryl Stroud
Department
Director
Signature:
•,
City Manager:
John E. Pate
CM Signature:
aa "
w - „� 'Pare
Commission
Meeting Date:
12/09/2020
Item Type:
(EnterXin box)
Resolution
Ordinance
Other
x
Fiscal Impact
(EnterXin box)
Yes
No
Ordinance Reading
(EnterXin box)
1nt Reading ' ;
2nd Reading
X
Public Hearing:
(EnterXin box)
Yes
Na '
Yes
No
X
X
Funding
Source:
Account# :
(Enter Fund & Dept)
Ex:
Advertising Requirement:
(EnterXin box)
Yes
No
X
Contract/P.O.
Required:
(EnterXin box)
Yes
No '
RFP/RFQ/Bid#:
X
Strategic Plan
Related
(EnterXin box)
Yes `
No
Strategic Plan Priority
Enhance Organizational
Bus. & Economic Dev
Public Safety
Quality of Education
Qual. of Life & City Image
Communcation
Area:
0
Strategic Plan Obj./Strategy:
(list the specific objective/strategy this
item will address)
X
II
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-
-
MI
Sponsor Name
City Manager
Department:
City Manager
Short Title:
Mutual Aid Agreement between the Town of Medley and the City of Opa-locka
Staff Summary:
Staff supports entering into Agreement. There is no quantifiable financial impact.
Proposed Action:
On an "as needed" basis as defined by the Mutual Aid Agreement.
Attachment:
1. Memorandum
2. Resolution Draft
3. Two (2) copies proposed MAA with Town of Medley and City of Opa-locka
Memorandum
TO:
Mayor Matthew A. Pigatt
Vice Mayor Veronica Williams
Commissioner Chris Davis
Commissioner Alvin Burke
Commissioner John Taylor Jr.
FROM: John E. Pate, City Manager
DATE: December 18, 2020
RE: MUTUAL AID AGREEMENT WITH THE TOWN OF MEDLEY, FL
Request: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA,
FLORIDA, AUTHORIZING THE CITY MANAGER TO ENTER INTO AND EXECUTE A
COMBINED VOLUNTARY COOPERATION AND OPERATIONAL ASSISTANCE MUTUAL
AID AGREEMENT BETWEEN THE CITY OF OPA-LOCKA AND THE TOWN OF MEDLEY IN
SUBSTANTIALLY THE SAME FORM ATTACHED HERETO, FOR LAW ENFORCEMENT
SERVICES AND RESOURCES EFFECTIVE THROUGH 2024; PROVIDING FOR
INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE.
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 Resolutions: 16-9170
Analysis: Mutually beneficial support with regard to law enforcement services and resources
to adequately respond to critical situations.
Recommendation(s): Staff Recommends Approval.
Attachments:
1. Agenda Cover Memo
2. Resolution Draft
3. Two (2) copies of the proposed MAA with Town of Medley and City of Opa-locka
Prepared by:
Tiquella Brown
End of Memorandum
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COMBINED VOLUNTARY COOPERATION AND
OPERATIONAL ASSISTANCE
MUTUAL AID AGREEMENT
BETWEEN
THE TOWN OF MEDLEY, FLORIDA AND
CITY OF OPA-LOCKA, FLORIDA
This Voluntary Cooperation and Operational Assistance Mutual Aid Agreement is made as of
this day of 2019, by and between the TOWN OF MEDLEY, FLORIDA, a Florida
municipal corporation, having its principal office at 7777 NW 72 Avenue, Medley, Florida 33166,
and the CITY OF OPA-LOCKA, FLORIDA, a Horida municipal corporation having its principal office
at 780 Fisherman Street, 4th Floor, Opa-Locka, Florida 33054, and states as follows:
WHEREAS, it is the responsibility of the governments of the Town of Medley, Florida, and the
City of 0pa-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, there is an 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 Town of Medley Police
Department or the City of Opa-Locka Police Department; and
WHEREAS, the Town of Medley and the City of Opa-Locka are so located in relation to each
other that it is in the best interest and advantage of each to receive and extend mutual aid in the
form of law enforcement services and resources to adequately respond to:
(1) Continuing, multi -jurisdictional criminal activity, so as to protect the public peace
and safety, and preserve the lives and property of the people; and
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(2)
(3)
Intensive situations including, but not limited to, natural or manmade disasters or
emergencies as defined under Section 252.34, Florida Statutes; and
Joint provision of certain law enforcement services specified herein and allowed
pursuant to Florida Statute 166.0495; and
WHEREAS, the Town of Medley and the City of Opa-Locka have the authority under The
Mutual Aid Act, Chapter 23, Part I, Florida Statutes, to enter into a combined mutual aid agreement
for law enforcement services which:
(1) Permits voluntary cooperation and assistance of a routine law enforcement nature
across jurisdictional lines; and
(2) Provides for rendering of assistance in a law enforcementemergency.
NOW, THEREFORE, BE IT KNOWN, that the Town of Medley, a political subdivision of
the State of Florida, and the City of Opa-Locka a political subdivision of the State of Florida, 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.
SECTION 1: PROVISIONS FOR VOLUNTARY COOPERATION
Each of the aforesaid law enforcement agencies hereby approve and enter into this agreement
whereby each of the agencies may provide voluntary cooperation and assistance of a routine law
enforcement nature across jurisdictional lines. The nature of the law enforcement assistance to be
rendered shall include but riot be limited to:
a. Concurrent law enforcement jurisdiction in and throughout the territorial limits of the
Town of Medley and the City of Opa-Locka for arrests, made pursuant to the laws of
arrest, for felonies and misdemeanors, including arrestabie traffic offenses, which
spontaneously take place in the presence of the arresting officer, at such times as the
arresting officer is traveling from place to place on official business outside of his or her
jurisdiction, for
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example, to or from court, or at any time when the officer is within the territorial limits
of his or her jurisdiction.
b. Concurrent law enforcement jurisdiction in and throughout the territorial
limits of the Town of Medley and the City of Opa-Locka for arrests, made pursuant to the
laws of arrest, of persons identified as a result of investigations of any offense constituting
a felony or any act of Domestic Violence as defined in Section 741.28, Florida Statutes,
when such offense occurred in the municipality employing the arresting officer.
c. Concurrent law enforcement jurisdiction in and upon the jurisdictional waters of the Town of
Medley and the City of Opa-Locka for arrests, made pursuant to the laws of arrest, for felonies
and misdemeanors and boating infractions.
d. Participating in exigent situations, without the need for a formal request, including, but
not limited to, area searches for wanted subjects, perimeters, crimes in progress, escaped
prisoners, traffic stops near municipal boundaries, requests for assistance when no
available local units are nearby, calls indicating a crime or incident has occurred in which a
citizen may likely be injured and the assisting municipality is closer to the area than the officer
receiving the call.
e. Concurrent law enforcement jurisdiction in and throughout the territorial limits of the
Town of Medley and the City of Opa-Locka for investigations of homicides, sex offenses,
robberies, assaults, batteries, burglaries, larcenies, gambling, motor vehicle thefts, drug
violations pursuant to Chapter 893, Florida Statutes, and inter -agency task forces and/or joint
investigations.
Prior to any officer taking enforcement action pursuant to paragraphs (a} through (e) above,
the officer shall notify the jurisdiction in which the action will be taken, unless exigent circumstances
prevent such prior notification, in which case notification shall be made as soon after the action as
practicable. If the agency having normal jurisdiction responds to the scene the assisting agency's
officer may turn the situation over to them and offer any assistance requested including, but not
limited to, a follow-up written report documenting the event and the actions taken.
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These provisions are not intended to grant general authority to conduct investigations,
serve warrants and/or subpoenas or to respond without request to emergencies already being
addressed by the agency of normal jurisdiction, but is intended to address critical, life -threatening or
public safety situations, prevent bodily injury to citizens, or secure apprehension of criminals whom
the law enforcement officer may encounter.
SECTION Ii: PROVISIONS FOR OPERATIONAL ASSISTANCE
The aforesaid law enforcement agencies hereby approve and enter into this agreement
whereby each of the agencies may request and render law enforcement assistance to the other to
include, but not necessarily be limited to dealing with, the following:
1. Joint multi -jurisdictional criminal investigations,
2. Civil affray or disobedience, disturbances, riots, large protest demonstrations and assemblies,
controversial trials, political conventions, labor disputes, and strikes.
3. Any natural, technological or manmade 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 electrical power failures.
5, Terrorist activities including, but not limited to, acts of sabotage.
6. Escapes from, ordisturbances within, prisoner processing 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.
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11. Major events, e.g., sporting events, concerts, parades, fairs, festivals, and conventions.
12. Security and escort duties for dignitaries.
13. Incidents requiring utilization of specialized units; e.g., underwater recovery, marine
patrol, aircraft, canine, motorcycle, bicycle, mounted, SWAT, bomb, crime scene and
police information.
14. Emergency situations in which one agency cannot perform its functional objective.
15. Joint training in areas of mutual need.
16. Joint multi -jurisdictional marine interdiction operations.
17. Off -duty special events.
18. DUI Checkpoints.
SECTION III: PROCEDURE FOR REQUESTING OPERATIONAL ASSISTANCE
1. Mutual aid requested or rendered will be approved by the Chief of Police, or designee.
The Chief of Police, or designee, of the agency whose assistance is sought shall
evaluate the situation and the agency's available resources, consult with his/her
supervisors, if necessary, and will respond in a manner he/she deems appropriate.
2. The Chief of Police in whose jurisdiction assistance is being rendered may determine
who is authorized to lend assistance in his/her jurisdiction, for how long such
assistance is authorized, and for what purpose such authority is granted. This
authority may be granted either verbally or in writing as the particularsituation dictates.
3. Specific reporting instructions for personnel rendering mutual aid will be included in
the request for mutual aid. In the absence of such reporting instructions, personnel
will report to the ranking on-dutysupervisoron the scene.
4. Communications instructions should be included in each request for mutual aid and each
agency's communications centers will maintain radio contact with each other until the
mutual aid situation has ended.
5. incidents requiring mass processing of arrestees, transporting prisoners, and operating
temporary detention facilities will be handled per established procedures of the
requesting agency or Chief of Police involved.
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SECTION IV: COMMAND AND SUPERVISORY RESPONSIBILITY
a. COMMAND:
The personnel and equipment that are assigned by the assisting Chief of Police shall be
under the immediate command of a supervising officer designated by the assisting Chief
of Police. Such supervising officer shall be under the direct supervision and command of
the Chief of Police or his/her designee of the agency requesting assistance.
b. CONFLICTS:
Whenever an officer is rendering assistance pursuant to this agreement, the officer shall
abide by and be subject to the rules and regulations, personnel policies, general
orders, and standard operating procedures of his/her own employer. If any such rule,
regulation, personnel policy, general order or standingoperating procedure is contradicted,
contravened or otherwise in conflict with a direct order of a superior officer of the
requesting agency, then such rule, regulation, policy, general order or procedure shall
control and shall supersede the direct order.
c. HANDLING COMPLAINTS:
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 Chief of Police or his/her
designee of the agency employing the officer who is the subject of the complaint shall be
responsible for the investigation of the complaint. The Chief of Police or designee of the
requesting agency should ascertain at a minim um:
1. The identity of the complainant;
2. An address where the complaining party can be contacted;
3. The specific allegation; and
4. The identity of the employees accused without regard as to agency affiliation.
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if it is determined during the investigation of a complaint 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 fo r
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: LIABILITY
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
employees while engaged in rendering such aid pursuant to this agreement, subject to the
provisions of Section 768.28, Florida Statutes, where applicable.
SECTION VI: POWERS, PRIVILEGES, IMMUNITIES AND COSTS
a. Employees of the Town of Medley and the City of Opa-Locka 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), Fla. Stat. (as amended), have the same powers, duties, rights, privileges
and immunities as if the employee was performing duties inside the employee's
political subdivision in which normally employed.
b. Each party agrees to furnish necessary personnel equipment, resources and facilities
and to render services to each other party to this 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. The political subdivision that furnishes equipment pursuant to this 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.
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d. The political subdivision furnishing aid pursuant to this agreement shall compensate its
employees during the time of the rendering of aid and shall defray (provide for the
payment of) the actual travel and maintenance expenses of its employees while they
are rendering aid, including any amounts paid or due for compensation for personal
injuryor death while its employees are rendering aid.
e. The privileges and immunities from liability, exemption from laws, ordinances and rules,
and pension, insurance, relief, disability, workers' 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 extraterritoriafly under the provisions of this mutual aid
agreement. This section applies to paid, volunteer, reserve and auxiliary 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.
SECTION VII: FORFEITURES
It is recognized that during the course of the operation of this agreement, property subject to
forfeiture under Sections 932.701 932.707, Florida Statutes, known as the "Florida Contraband
Forfeiture Act," 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 pursuant of the provisions of the "Florida Contra band Forfeiture Act."
SECTION Vill: INSURANCE
Each political subdivision shall provide, upon request, satisfactory proof of liability insurance
by one or more of the means specified in Section 768.28, Fiorida Statutes, in an
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amount which is, in the Judgment of the governing body of that political subdivision, 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 the notice or actual knowledge of
such change.
SECTION IX: EFFECTIVE DATE
This agreement shall take effect upon execution and approval by the hereinafter named
officials and shall continue in full force and effect until , 2024. Under no circumstances
may this agreement be renewed, amended or extended except in writing.
SECTION X: CANCELLATION
Either party may cancel its participation in this agreement upon delivery of written notice to
the other political subdivision.
IN WITNESS WHEREOF, the parties hereto cause to these presents to be signed on the date
first written above.
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AGREED AND ACKNOWLEDGED this
ROBERTO MARTELL
Mayor
Town of Medley, Florida
Date:
ATTEST:
VICTORIA MARTINEZ
Town Clerk
Town of Medley, Florida
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY:
WEISS SEROTA HELFMAN COLE & BIERMAN, P.L
Town Attorney
Town of Medley, Florida
JEANETTE SAID-JINETE
Chief of Police
Town of Medley, Florida
day of , 2019.
MATTHEW PIGATT
Mayor
City ofOpa-Locka, Florida
Date:
ATTEST:
JOANNA FLORES
City Clerk
City of Opa-Locka, Florida
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY:
BERNADETTE NORRIS-WEEKS
City Attorney
City of Opa-Locka, Florida
DARRYL STROUD
Major
City of Opa-Locka, Florida