HomeMy Public PortalAboutResolution No. 23-017 Resolution authorizing mutual aid agreement with City of SweetwaterSponsored by: Interim City Manager
RESOLUTION NO. 23-017
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
OPA-LOCKA, FLORIDA, AUTHORIZING THE INTERIM CITY
MANAGER TO ENTER INTO AND EXECUTE A VOLUNTARY
COOPERATION AND OPERATIONAL ASSISTANCE MUTUAL AID
AGREEMENT BETWEEN THE CITY OF OPA-LOCKA, FLORIDA AND
THE CITY OF SWEETWATER, FLORIDA, ATTACHED HERETO AS
EXHIBIT "A", FOR LAW ENFORCEMENT SERVICES; PROVIDING
FOR INCORPORATION OF RECITALS; PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the City of Opa-Locka, Florida ("City"), and the City of Sweetwater,
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 Sweetwater
provides for requesting and rendering of mutual aid in the form of law enforcement
services to adequately respond to continuing multi -jurisdictional law enforcement
problems, so as to protect the public peace and safety, and preserve the lives and property
of the people; 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
Sweetwater.
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
Interim City Manager to enter into and execute a voluntary cooperation and
operational assistance Mutual Aid Agreement ("MAA") with the City of
Sweetwater, for law enforcement services, attached hereto as Exhibit "A".
SECTION 3. SCRIVENER'S ERRORS.
Sections of this Resolution may be renumbered or re -lettered and corrections of
typographical errors, which do not affect the intent of this Resolution may be
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Resolution No. 23-017
authorized by the Interim City Manager, following review by the City Attorney,
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 upon the adoption and is subject to the approval
of the Governor or Governor's Designee.
PASSED and ADOPTED this 8th day of Feb i ry, 202,
r., Mayor
ATTEST:
oanna Flores, Cit
luishi ier Ws/ Depvki ,l,/ Cit__
APPROVED AS TO FORM ANIi
LEGAL SUFFICIENCY:
Burnadette Norri
eek , P.A.
City Attorney
Moved by: Commissioner Bass
Seconded by: Vice Mayor Ervin
VOTE:
5-0
Commissioner Bass YES
Commissioner Kelley YES
Commissioner Williams YES
Vice Mayor Ervin YES
Mayor Taylor YES
DocuSign Envelope ID: 5F51DCB9-8912-4110-858F-58CED3EFAD12
City of 0Da-locka
Agenda Cover Memo
Department
Director:
Chief Scott Israel
Department Director
Signature:
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City Manager:
Darvin Williams
CM Signature:
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NMI& WlUlOUMS
Commission
Meeting Date:
02-08-2023
Item Type:
(EnterXin box)
Resolution
'9xdiasan DEa9:...
Other
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Ordinance Reading:
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2nd Reading
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Public Hearing:
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X
Funding Source:
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Required:
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RFP/RFQ/Bid#:
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No
Strategic Plan Priority
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item will address)
enhance public safety.
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Sponsor Name
City Manager
Department:
City Manager
Short Title:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA, AUTHORIZING THE
CITY MANAGER TO ENTER INTO AN AGREEMENT WITH THE CITY OF SWEETWATER, FLORIDA FOR THE
VOLUNTARY COOPERATION AND OPERATIONAL ASSISTANCE MUTUAL AID AGREEMENT; PROVIDING
FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE.
DocuSign Envelope ID: 5F51DCB9-8912-4110-858F-58CED3EFAD12
Staff Summary:
This is a Mutual Aid Agreement between the City of Opa-Iocka and the City of Sweetwater to receive and
extend mutual aid in the form of law enforcement services to adequately respond to continuing multi -
jurisdictional law enforcement problems, so as to protect the public peace and safety, and preserve the
lives and property of the people.
Proposed Action:
Staff recommends the Commission approve this resolution and authorize the City Manager to sign the
Mutual Aid Agreement with the City of Sweetwater, Florida.
Attachment:
1. City of Sweetwater, Florida Mutual Aid Agreement
MUTUAL AID AGREEMENT
BETWEEN THE CITY OF SWEETWATER AND
THE CITY OF OPA LOCKA
Whereas, it is the responsibility of the governments of the City of Sweetwater, and
the City of Opa Locka, 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 City of
Sweetwater Police Department or the City of Opa Locka Police Department; and
Whereas, in order to ensure that the resources of these law enforcement agencies
will be adequate to address any and all these conditions, to protect the public peace and
safety, and to preserve the lives and property of the people of the City of Sweetwater and the
City of Opa Locka; and
Whereas, City of Sweetwater and the City of Opa Locka have the authority under
Chapter 23, Florida Statutes, the "Florida Mutual Aid Act," to enter into this Mutual Aid
Agreement.
NOW, THEREFORE, BE IT KNOWN that the City of Sweetwater and the City
of Opa Locka, municipal corporations of the State of Florida, by and through their undersigned
representatives, 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: This Mutual Aid Agreement (" Agreement") provides for the
requesting and rendering of assistance for both routine and law enforcement intensive situations;
thus, this 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 police agency heads.
Subsequent to execution by the concerned agency heads, the joint
declaration shall be filed with the clerks of the respective municipalities
and shall thereafter become part of this Agreement. Said declaration
may be amended or supplemented by mutual agreement at any time, upon
filing a subsequent declaration with the clerks of the respective
municipalities. A copy of the Joint Declaration is attached hereto as
Exhibit "A."
b. Law Enforcement Agencies: The Police Department of the City of
Sweetwater and/or the Police Department of the City of Opa Locka.
c. Agency Head: Either the Chief of the City of Sweetwater
Police Department or the Chiefs designees; and the Chief of the
City of Opa Locka Police Department, or the Chief's designees.
d. Participating Municipal Police Department: The Police
Department of any municipality in Miami -Dade County, Florida, that
has approved and executed this Agreement upon the approval of the
governing body of that municipality.
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/her available resources, and will respond in a manner
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deemed appropriate. The Agency Head's decision in this regard shall
be final.
b. 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.
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 personnel or equipment provided pursuant to this
Agreement to the providing Agency.
5. Powers. Privileges. Immunities. and Costs:
a. All employees of the participating Law Enforcement Agencies,
including Certified Law Enforcement Employees, during such time
that said employees are actually providing aid outside of the
jurisdictional limits of the employed 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 municipality in which they are normally
employed. Should a violation of Florida law occur in the presence of a
Certified Law Enforcement Employee representing his/her respective
Law Enforcement Agency in furtherance of this Agreement, he/she shall
be empowered to render enforcement assistance and act in accordance
with Florida law.
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b. Each party agrees to furnish equipment, resources and facilities, and to
render services to the other party to this Agreement as provided for
herein; provided, however, that no party shall be required to unreasonably
deplete its own equipment, resources, facilities and services in furnishing
such mutual aid.
c. The municipality having financial responsibility for the Law
Enforcement Agency providing services, personnel, equipment, or
facilities pursuant to 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.
d. The municipality having fmancial responsibility for the Law
Enforcement Agency providing aid pursuant to this Agreement shall
compensate all of its employees rendering aid pursuant to this
Agreement during the time of the rendering of such aid and shall defray
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 engaged in rendering such aid, and also include all
benefits normally due such employees. Notwithstanding the foregoing, if
the requesting Law Enforcement Agency receives compensation from the
Federal Emergency Management Agency, the requesting Law
Enforcement Agency may compensate the assisting Law Enforcement
Agency during the time of the rendering of such aid and may defray the
actual travel and maintenance expenses of the Certified Law
Enforcement Employees while they are rendering such aid, including any
amounts paid or due for compensation as a result of personal injury or
death while such Certified Law Enforcement Employees are rendering
such aid pursuant to this Agreement.
d. All of the privileges and immunities from liability, exemption from
ordinances and rules, and all pension, insurance, relief, disability,
workers' compensation, salary, death, and other benefits which apply to
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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 extraterritorially under the provisions of this Agreement. The
provisions of this Agreement shall apply with equal effect to paid and
auxiliary employees.
f. Nothing herein shall prevent the Agency requesting assistance under this
Agreement to request supplemental appropriations from its City Council
to reimburse the assisting Agency for any actual costs or expenses incurred
in providing such assistance.
6. Indemnification: The municipality 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 municipality in any suit, actions, 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. Nothing contained in this Agreement shall be construed or interpreted to be a waiver
of sovereign immunity by either party.
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, 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, less the costs associated with the forfeiture action. Any participating agency must
request sharing, in writing before the entry of the Final Order of Forfeiture, or they will be barred
from claiming any portion of the property forfeited. The agency pursuing the forfeiture action
shall have the exclusive right to control and the responsibility to maintain the property, including,
but not limited to, the complete discretion to bring the action, or to dismiss the action, or settlement.
This shall occur pursuant to the provisions of the Florida Contraband Forfeiture Act.
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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 and provisions in Chapter 23, Florida Statutes.
9. Effective Date and Duration: This Agreement shall be in effect from date of signing
by both parties, through and including, March 31, 2028. Under no circumstances
may this Agreement be renewed, amended, or extended except in writing.
10. Cancellation: This Agreement may be canceled by either party upon sixty (60)
days written notice to the other party.
AGREED TO AND ACKNOWLEDGED this _ day of January, 2023.
Orlando Lopez, Mayor
City of Sweetwater, Florida
Date:
Placido Diaz
Chief of Police
City of Sweetwater, Florida
Date:
Attest:
Carmen Garcia
City Clerk
City of Sweetwater, Florida
Date:
Approved as to form and legal sufficiency:
Ralph Ventura
City Attorney
Date:
John H. Taylor, Jr., Mayor
City of Opa Locka, Florida
Date:
Scott Israel
Chief of Police
City of Opa Locka, Florida
Date:
Attest:
Joanna Flores
City Clerk
City of Opa Locka, Florida
Date:
Approved as to form and legal sufficiency:
Burnadette Norris - Weeks
City Attorney
Date:
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EXHIBIT "A"
JOINT DECLARATION OF THE CHIEF OF POLICE OF THE CITY OF
SWEETWATER POLICE DEPARTMENT AND THE CHIEF OF POLICE OF THE
CITY OF OPA LOCKA POLICE DEPARTMENT PURSUANT TO MUTUAL AID
AGREEMENT
A Police Officer of either of the participating Law Enforcement Agencies shall be considered to
be operating under the provisions of the Mutual Aid Agreement when:
• Participating in law enforcement activities that are pre -planned and approved by each
respective Agency Head, or
• Appropriately dispatched in response to a request for assistance from the other law
enforcement agency.
In compliance with and under the authority of the Mutual Aid Agreement heretofore entered into
by the City of Sweetwater and the City of Opa Locka, it is hereby declared that the following list
comprises the circumstances and conditions under which mutual aid may be requested and rendered
regarding police operations pursuant to the Agreement. Said list may be amended or
supplemented from time to time, as needs by subsequent declarations.
1) Joint multi jurisdiction criminal investigations.
2) Civil affray or disobedience, disturbance, riots, large protest demonstrations, controversial
trials, political conventions, labor disputes, and strikes.
3) Any natural disaster.
4) Incidents that require rescue operations and crowd 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 detention facilities.
7) Hostage and barricaded subject situations, and aircraft piracy.
8) Control of major crimes scenes, area searches, perimeter control, backups to emergency and
in -progress calls, pursuits, and missing persons' 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) Emergency situations in which one agency cannot perform its functional objective.
14) Incidents requiring utilization of specialized units; e.g., underwater recovery, aircraft,
canine, motorcycle, bomb, crime scene, marine patrol, and police information.
15) Joint training in areas of mutual need.
16) Participating in exigent situations, without the need for a formal request, which situations are
spontaneous occurrences such as area searches for wanted subjects, perimeters, crimes in
progress, escaped prisoners, traffic stops near municipal boundaries, request for assistance
when no available units are nearby, calls or transmissions indicating an officer is injured,
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.
17) Mutual enforcement of all existing applicable laws and ordinances and exercise of arrest
powers within the area comprising the respective jurisdictional municipal boundaries.
The following procedures will apply in mutual aid operations:
1) Mutual aid requested or rendered will be approved by the Chief of Police designee. Specific
reporting instructions for personnel rendering mutual aid should be included in the request
for mutual aid. In the absence of such instructions, personnel will report to the ranking On -
duty Supervisor on the scene.
2) Communications instructions will be included in each request for mutual aid and the Miami
Dade Police Department Communications Bureau will maintain radio contact with the
involved Agencies until the mutual aid situation has ended.
3) Incidents requiring mass processing of arrestees, transporting prisoners, and operating
temporary detention facilities will be handled per established procedures.
[SIGNATURES ON FOLLOWING PAGE]
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Placido Diaz
Chief of Police
City of Sweetwater, Florida
Date:
Attest:
Carmen Garcia
City Clerk
City of Sweetwater, Florida
Date:
Approved as to form and
Legal sufficiency:
Ralph Ventura
City Attorney
Date:
Scott Israel
Chief of Police
City of Opa Locka, Florida
Date:
Attest:
Joanna Flores
City Clerk
City of Opa Locka, Florida
Date:
Approved as to form and
legal sufficiency:
Burnadette Norris - Weeks
City Attorney
Date:
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