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HomeMy Public PortalAbout21-9851 MAA City of Miami GardensSponsored by: City Manager RESOLUTION NO. 21-9851 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA, AUTHORIZING THE CITY MANAGER TO ENTER INTO AND EXECUTE A VOLUNTARY COOPERATION AND OPERATIONAL ASSISTANCE MUTUAL AID AGREEMENT (MAA) BETWEEN THE CITY OF OPA-LOCKA, FLORIDA AND THE CITY OF MIAMI GARDENS, FLORIDA, SUBSTANTIALLY IN THE FORM ATTACHED AS EXHIBIT "A", 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 City of Miami Gardens, Florida, are authorized to enter into a Mutual Aid Agreement ("MAA") pursuant to Section 23.12, Florida Statutes, Florida Mutual Aid Act; and WHEREAS, the Mutual Aid Agreement ("MAA") with the City of Miami Gardens provides for requesting and rendering of assistance for both routine and law enforcement critical situations. The MAA seeks to ensure the public safety of the citizens within the City of Opa-Locka and the City of Miami Gardens by providing adequate levels of police services to address any foreseeable routine or emergency situations; and WHEREAS, the City Commission of the City of Opa-Locka desires to authorize the City Manager to enter into and execute a Mutual Aid Agreement with the City of Miami Gardens. NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF OPA LOCKA, FLORIDA: Section 1. RECITALS ADOPTED. The recitals to the preamble herein are incorporated by reference. Section 2. AUTHORIZATION The City Commission of the City of Opa-Locka hereby authorizes and directs the City Manager to enter into and execute an operational assistance Mutual Aid Agreement ("MAA") with the City of Miami Gardens, for law enforcement services and resources, substantially in the form attached as Exhibit "A". SECTION 3. SCRIVENER'S ERRORS. Sections of this Resolution may be renumbered or re -lettered and corrections of Resolution No. 21-9851 typographical errors which do not affect the intent may be authorized by the City Manager, or the City Manager's designee, without need of public hearing, by filing a corrected copy of same with the City Clerk. Section 4. EFFECTIVE DATE. This Resolution shall take effect immediately upon adoption and is subject to the approval of the Governor or his designee. PASSED AND ADOPTED this 24th day of March, 2021. Attest to: Joa �`� a Flores Ci Clerk Commission Vote: 4-0 Mayor Matthew A. Pigatt Approved as to form and legal sufficiency: 4h rs7 FoK' Burnadette Nor s -Wee s, P.A. City Attorney Commissioner Burke YES Commissioner Davis YES Commissioner Taylor NOT PRESENT Vice -Mayor Williams YES Mayor Pigatt YES City of Opa-locka Agenda Cover Memo Department Director: Department Director Signature: CityManager: John E. Pate CM Signature: 1/16470— Commission Meeting Date: 03/24/2021 Item Type: (EnterX in box) Resolution Or ance Other X Fiscal Impact: (EnterX in box) Yes No Ordinance Reading. (Enter X in box) 1st Reading 2nd Reading X Public Hearing: (Enter X in box) Yes No Yes No X X Funding Source: Account# : (Enter Fund & Dept) Ex: Advertising Requirement: (Enter X in box) Yes No X Contract/P.O. Required: (EnterX in box) Yes No RFP/RFQ/Bid#: X Strategic Plan Related (EnterX in box) Yes No Strategic Plan Priority Enhance Organizational Bus. & Economic Dev Public Safety Quality of Education Qual. of Life & City Image Communcation Area: • Strategic Plan Obj./Strategy: (list the specific objective/strategy this item will address) X im • • 1.11 Sponsor Name John E. Pate Department: City Manager Short Title: A resolution authorizing the City Manager to enter into a Mutual Aid Agreement (MAA) with the City of Miami Gardens for law enforcement services. Staff Summary: Staff supports entering into agreement. There is no quantifiable financial impact. Proposed Action: The City will utilize the services on an "as needed" basis. Attachment: Mutual Aid Agreement VOLUNTARY COOPERATION AND OPERATIONAL ASSISTANCE MUTUAL AID AGREEMENT BETWEEN THE CITY OF MIAMI GARDENS AND THE CITY OF OPA-LOCKA This Voluntary Cooperation and Operational Assistance Mutual Aid Agreement ("Cooperation Agreement") is made by and between the CITY OF OPA LOCKA, FLORIDA, a municipal corporation having its principal office at 780 Fisherman Street, Opa-Locka, Florida 33054, and the CITY OF MIAMI GARDENS, FLORIDA, having its principal office at 18605 NW 27 hAvenue, Miami Gardens FL 33056, state as follows: 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, hi 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, 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 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 Opa-Locka, 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: PROVISIONS FOR VOLUNTARY COOPERATION Each of the aforesaid law enforcement agencies hereby approve and enter into this Cooperation Agreement whereby each of the agencies may request and render law enforcement assistance to the other in dealing with any violations of Florida Statutes to include, but not necessarily be limited to, investigating sex offenses, robberies, assaults, batteries, burglaries, larcenies, gambling, motor vehicle thefts, drug violations pursuant to Chapter 893 of the Florida Statutes, backup services during patrol activities, and interagency task forces and/or joint investigation as set forth pursuant to, and under the authority of Chapter 23 of the Florida Statutes, SECTION 11. PROVISIONS FOR OPERATIONAL ASSISTANCE The aforesaid law enforcement agencies hereby approve and enter into this Cooperation 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 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, or disturbances 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. 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, aircraft, canine, motorcycle, 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. 18. 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 his/her designee. 2. Specific reporting instructions for personnel rendering mutual aid will be included in the request for mutual aid. In the absence of suoh 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 and each agency's communications centers will maintain radio contact with each other until the mutual aid situation has ended. 4. (incidents requiring mass processing of arrestees, transporting prisoners, and operating temporary detention facilities will be handled per established procedures of the requesting agency, or directors involved. SECTION' III: PROCEDURE FOR REQUESTING ASSISTANCE 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/her available resources, and will respond in a manner deemed appropriate. 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. The Police Chiefs 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 3 accomplishing any such assigned mission and supervisory control over all personnel or equipment provided pursuant to this Agreement to the providing agency. Should a law enforcement officer be in another subscribed agency's jurisdiction for matters of a routine nature, such as traveling through the area on routine business, attending a meeting or going to or from work, and a violation of Florida Statutes occurs in the presence of said party, representing his/her respective agency, HE/SHE SHALL ONLY BE EMPOWERED TO RENDER ENFORCEMENT ASSISTANCE AND ACT IN ACCORDANCE WITH FLORIDA LAW. Should enforcement assistance be taken, said party shall notify the agency having normal jurisdiction, and upon the Tatter's arrival, 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. This provision, so prescribed in this paragraph, shall not 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 and such encounter results in a breach of the peace. The parties acknowledge that the policy of the Florida Mutual Aid Act is to provide a means to deal with disasters, emergencies, and other major law enforcement problems. This Cooperation Agreement shall not extend police powers beyond the specific additional authority granted by the Legislature in Chapter 23 of the Florida Statutes, which intent was to assure the continued functioning of law enforcement in times of emergencies or in areas where major law enforcement efforts were being thwarted by jurisdictional barriers, and the respective parties, police officers and authority are limited to those instances where the subject matter of the investigation originates inside the municipal city limits SECTION IV: COMMAND AND SUPERVISORY RESPONSIBILITY The personnel and equipment that are assigned by the assisting Agency shall be under the immediate command of a supervising officer designated by the assisting Agency. 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, SECTION V: CONFLICTS Whenever an officer is rendering assistance pursuant to this Cooperation Agreement, the officer shall abide by and be subject to the 4 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 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, policy, general order or procedure shall control and shall supersede the direct order. SECTION VI. 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 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 VII: INDEMNIFICATION 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 758.28, Florida Statutes,where applicable. 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. 5 SECTION VIII: POWERS, PRIVILEGES, IMMUNITIES AND COSTS A. Alt 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 taw 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 white 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. 6 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 IX: FORFEITURES 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. 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 X: EFFECTIVE DATE AND DURATION This Agreement shall be in effect from date of signing, through and including, January 1, 2025. Under no circumstances may this Agreement be renewed, amended, or extended except in writing. SECTION XI: CANCELLATION This Agreement may be cancelled by either party upon sixty (60) days written notice to the other party. Cancellations will be at the discretion of any subscribing party. 7 AGREED TO AND ACKNOWLEDGED this day of C Delma Noel -P Chief of Po City of Mimi Garden. , Florida Camaro Bens , Cit Manager " `�, City of Miami Gardens, Florida ATTEST: (-) Mario Bttaille, City Clerk City of Miami Gardens Florida APPROVED S TO FORM AND LEG/f SUFFICIENCY 1 Sonja dickens, City Attorney City of Miami Gardens, Florida ikeya Jenkins As, taut Chief off rolfce City otOpa='Lcka, Florida , 2020 John E. Pate, City Manager City of Opa-Locka, Florida ATTEST: Joanna Flores, City Clerk City of Opa-Locka, Florida APPROVED AS TO FORM AND LEGAL SUFFICIENCY Bernadette orris teks, City Attorney City of Opa-Locka, Florida