HomeMy Public PortalAboutResolution No. 23-009 - Resolution authorizing Interim City Manager to execute mutual aid agreement between Opa-locka & North Miami BeachSponsored by: City Manager
RESOLUTION NO. 23-009
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 (MAA) BETWEEN THE CITY OF OPA-LOCKA,
FLORIDA AND THE CITY OF NORTH MIAMI BEACH, FLORIDA,
SUBSTANTIALLY IN THE FORM ATTACHED 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 North Miami
Beach, 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 North Miami
Beach 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
North Miami Beach.
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 North
Miami Beach, for law enforcement services, substantially in the form attached as
Exhibit "A".
Resolution No. 23-009
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
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 11th day of January, 2023.
TTEST:
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY:
na Flores, City Clerk
urpaardette N •. rris-Weeks, P.A.
Moved by: Commissioner Kelley
Seconded by: Commissioner Bass
VOTE:
5-0
Commissioner Bass YES
Commissioner Kelley YES
Commissioner Williams YES
Vice Mayor Ervin YES
Mayor Taylor YES
John ('y1or, ayor
2
City of Opa-locka
Agenda Cover Memo
Department
Chief ef Scott Israel
Department Director •
Signature:
City Manager:
Darvin Williams
CM Signature:
Commission
Meeting Date:
01-11-2023
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Ordinance
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To enhance public safety, the
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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
INTERIM CITY MANAGER TO ENTER INTO AN AGREEMENT WITH THE CITY OF NORTH MIAMI BEACH,
FLORIDA FOR THE VOLUNTARY COOPERATION AND OPERATIONAL ASSISTANCE MUTUAL AID
AGREEMENT; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE.
Staff Summary:
This is a Mutual Aid Agreement between the City of Opa-locka and the City of North Miami Beach 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.
Financial Impact: There is no financial impact.
Proposed Action:
Staff recommends the Commission approve this resolution and authorize the Interim City Manager to sign the
Mutual Aid Agreement with the City of North Miami Beach, Florida.
Attachment:
1. City of North Miami Beach, Florida Mutual Aid Agreement
VOLUNTARY COOPERATION AND OPERATIONAL ASSISTANCE
MUTUAL AID AGREEMENT
BETWEEN THE CITY OF NORTH MIAMI BEACH, FLORIDA
AND THE CITY OF OPA-LOCKA, FLORIDA
This Voluntary Cooperation and Operational Assistance Mutual Aid Agreement
("Cooperation Agreement") is made as of this day of
2023 (Effective Date), by and between the City of North Miami Beach, Florida, a
municipal corporation having its principal office at 17011 NE 19th Avenue, 4th Floor,
North Miami Beach, Florida 33162, and the City of Opa-Locka, Florida having its
principal office at 780 Fisherman Street, Opa-Locka, Florida 33054.
RECITALS
WHEREAS, it is the responsibility of the governments of the City of North Miami
Beach, Florida, and the City of Opa-Locka, 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 North Miami Beach Police Department or the City of Opa-Locka Police
Department; and
WHEREAS, both parties desire 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 North Miami Beach, Florida and the City of Opa-Locka, 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 North Miami Beach and the City of Opa-Locka have the
authority under the Florida Mutual Aid Act, Sections 23.12 - 23.127 of Florida Statutes,
Law Enforcement Mutual Aid Agreement between
The City of North Miami Beach and the City of Opa-Locka
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to enter into this Cooperation Agreement for law enforcement service which:
(1) Permits voluntary cooperation and operational assistance of a routine or
emergency 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.
NOW THEREFORE, BE IT KNOWN that the City of North Miami Beach, Florida
and the City of Opa-Locka, 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 I. PROVISIONS FOR VOLUNTARY COOPERATION
Each of the aforesaid law enforcement agencies hereby voluntarily 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 circumstances
requiring law enforcement intervention such as, but not limited to, those circumstances
enumerated within Section II of this Cooperation Agreement, as set forth pursuant to
and under the authority of Chapter 23 of the Florida Statutes.
SECTION II. PROVISIONS FOR OPERATIONAL ASSISTANCE
The parties to this Cooperation Agreement may request and render law
enforcement assistance to each other for circumstances including, but not limited to, 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.
Law Enforcement Mutual Aid Agreement between
The City of North Miami Beach and the City of Opa-Locka
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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,
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.
16. Joint multi -jurisdictional marine interdiction operations.
SECTION III. PROCEDURE FOR REQUESTING ASSISTANCE AND LIMITATIONS
OF ASSISTANCE
In the event that a party to this Cooperation Agreement is in need of assistance
as set forth above, the Chief of Police, or his/her designee, shall notify the Chief of
Police, or his/her designee, from whom such assistance is requested. The Chief of
Police, or authorized agency representative, 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.
Mutual aid requested or rendered requires approval by the Chief of Police, or
designee, of each agency subject to this agreement. Specific reporting instructions for
personnel rendering mutual aid will 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. 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.
Incidents requiring mass processing of arrestees, transporting prisoners, and
operating temporary detention facilities will be handled per established procedures of
the requesting agency subject to this agreement.
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 particular situation dictates.
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 officer, 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 latter's arrival, turn the situation over to them and offer
any assistance reasonably requested, including but not limited to, a follow-up written
Law Enforcement Mutual Aid Agreement between
The City of North Miami Beach and the City of Opa-Locka
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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, when
assistance is being rendered hereunder.
SECTION V. CONFLICTS
Whenever an officer is rendering assistance pursuant to this Cooperation
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 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 Cooperation Agreement, the Chief of Police,
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.
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The City of North Miami Beach and the City of Opa-Locka
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4. The identity of the employees accused without regard as 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 requesting 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. LIABILITY
Each party engaging in any mutual cooperation and assistance, pursuant to this
Cooperation Agreement, agrees to assume full and final responsibility for the acts,
omissions or conduct of such party's own employees while engaged in rendering such
aid pursuant to this Cooperation Agreement, subject to the provisions of Section 768.28
of the Florida Statutes, where applicable.
SECTION VIII. POWERS, PRIVILEGES, IMMUNITIES AND EXPENDITURES
(a) Employees of the City of North Miami Beach 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) of the Florida Statutes (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 Cooperation
Agreement as set forth above; provided however, that no party shall be required
to unreasonably deplete its own personnel, equipment, resources, facilities, and
services in furnishing such mutual aid.
(c) The party that furnishes equipment pursuant to this Cooperation Agreement will
be responsible for the cost of loss or damage to that equipment, and 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
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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)
(g)
Nothing herein shall prevent the requesting agency from seeking 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.
Should the City of North Miami Beach receive reimbursement for expenditures
from a third party for a mutual aid event covered by this Cooperation Agreement,
the City of Opa-Locka 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 Opa-Locka receive reimbursement for expenditures from a
third party for a mutual aid event covered by this Cooperation Agreement, the
City of North 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.
SECTION IX. FORFEITURE
(a) The municipality/agency in which any property is seized pursuant to the Florida
Contraband Forfeiture Act shall have exclusive authority to initiate forfeiture
proceedings under the Florida Contraband Forfeiture Act, for any matters which
arise from a mutual aid event covered by this Cooperation Agreement.
(b) However, the municipality/agency with the right to proceed with the forfeiture may
allow the other municipality/agency to prosecute the forfeiture with the written
authorization of the Chief of Police and the legal counsel for each
municipality/agency.
(c) The municipality/agency pursuing the forfeiture action shall bear the exclusive
right and responsibility to control, maintain and store the property. The costs for
control, maintenance and storage of the property shall be subtracted from the
proceeds prior to distribution.
(d) The property seized and forfeited in accordance with this agreement, and the
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proceeds, if any, shall be equitably distributed among the participating
municipalities/agencies in proportion to the amount of investigation and
participation performed by each municipality/agency.
(e) Any participating municipality/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.
This Cooperation Agreement creates no rights or benefits in favor of third parties
and there are no intended third party beneficiaries with regard to the provisions
herein.
(f)
SECTION X. INSURANCE
Each party shall provide satisfactory proof of liability insurance by one or more of
the means specified in Section 768.28(16) (a) of the Florida Statutes (2021), 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 XI. EFFECTIVE DATE
This Agreement shall take effect upon execution and approval by both parties
and shall continue in full force and effect until November 17, 2024. Under no
circumstances may this agreement be renewed, amended, or extended except in
writing.
SECTION XII. CANCELLATION
Either party may cancel its participation in this Agreement at any time upon
delivery of written notice 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 day of , 2023.
CITY OF NORTH MIAMI BEACH CITY OF OPA-LOCKA
HARVETTE S. SMITH SCOTT ISRAEL
CHIEF OF POLICE CHIEF OF POLICE
Date: Date:
Law Enforcement Mutual Aid Agreement between
The City of North Miami Beach and the City of Opa-Locka
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ARTHUR H. SOREY, III DARVIN WILLIAMS
CITY MANAGER INTERIM CITY MANAGER
Date: Date:
ANTHONY DEFILLIPO JOHN H. TAYLOR, JR.
MAYOR MAYOR
Date: Date:
ATTEST:
ANDRISE BERNARD, CMC
CITY CLERK
JOANNA FLORES
CITY CLERK
Date: Date:
SIGNED AS TO FORM, LANGUAGE, SIGNED AS TO FORM, LANGUAGE
LEGALITY AND EXECUTION THEREOF LEGALITY AND EXECUTION THEREOF
HANS OTTINOT, ESQ. BURNADETTE NORRIS-WEEKS, ESQ.
INTERIM CITY ATTORNEY CITY ATTORNEY