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