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HomeMy Public PortalAboutResolution No. 23-014 - Resolution authorizing mutual aid agreement between Opa-locka and North MiamiSponsored by: Interim City Manager RESOLUTION NO. 23-014 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, 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, 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 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. 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, for law enforcement services, substantially in the form attached as Exhibit Resolution No. 23-014 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 25th day of Januar , 202 TTEST: nna Flores, City Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY: Bur . d- e Norris -Weeks, P.A. City ttorney Moved by: Commissioner Kelley Seconded by: Vice Mayor Ervin VOTE: 5-0 Commissioner Bass YES Commissioner Kelley YES Commissioner Williams YES Vice Mayor Ervin YES Mayor Taylor YES John j: yy o ! ayor 2 City of Opa-Iocka Agenda Cover Memo Department Director: Chief Scott Israel Department Director Signature: r City Manager: Darvin Williams CM Signature: Commission Meeting Item Type: Resolution Or finance Other Date: 01-25-2023 (Enter X in box) X Fiscal Impact: (Enter X in box) Ordinance Reading: 1'' Reading 2^" Reading Yes No (Enter X in box) Public Hearing: Yes No Yes No X (EnterXin box) X X Funding Source: (Enter Fund & Advertising Requirement: Yes No Account# : Dept) Ex: None (EnterX in box) X Contract/P.O. Yes No RFP/RFQ/Bid#: Required: (EnterX in box) X Strategic Plan Yes No Strategic Plan Priority Area: Strategic Plan 04/Strategy: Related (Enter X in box) X Enhance Organizational 0 Bus. & Economic Dev 0 Public Safety ra Quality of Education El Qual. of Life & City Image 0 Communication D (list the specific objective/strategythis Rem will address) To enhance public safety. 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 North Miami, 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 to receive and extend mutual aid in the form of law enforcement services to adequately respond to MUTUAL AID AGREEMENT Between the City of Opa-Locka Police Department and the City of North Miami Police Department WHEREAS, it is the responsibility of the governments of the City of Opa-Locka, Florida and the City of North Miami, 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 which are, or likely to be, beyond the control of the services, personnel, equipment or facilities of the participating municipal police departments; and WHEREAS, in order to ensure the 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 participating Miami -Dade County municipalities; and WHEREAS, the participating Miami -Dade County municipalities have the authority under Chapter 23, Florida Statutes (Florida Mutual Aid Act) to enter into a mutual aid agreement. NOW, THEREFORE, the parties agree as follows: 1. Short title: Mutual Aid Agreement 2. Description: The Mutual Aid Agreement provides for the requesting rendering of assistance for both routine and intensive law enforcement situation(s). This Mutual Aid 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 agency heads. Subsequent to execution by the concerned agency heads, the joint declaration shall be filed with the clerks of the respective political subdivisions and shall become part of this Agreement. Said declaration may be amended or supplemented at any time by the agency heads by filing a subsequent declaration with the clerks of the respective political subdivisions. -1- B. The political subdivision having financial responsibility for the law enforcement agency providing the services, personnel, equipment, or facilities pursuant to the provisions of this Agreement shall bear any loss or damage and shall pay any and all expenses incurred in the maintenance and operation of the mission. 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 this Agreement, during the time of rendering of such aid and shall defray the actual travel and maintenance expenses of such employees while they are rendering such aid. The compensation shall include any amounts paid or due or compensation due to personal injury or death while such employees are engaged in rendering such aid. The compensation shall also include all benefits normally due such employees. D. All exemption from ordinances and rules, and all pension, insurance, 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 extraterritorially under the provisions of this Mutual Aid Agreement. The provision of this Agreement shall apply with equal effect to paid and auxiliary employees. 6. Indemnification: To the extent allowed by law, each party agrees to hold harmless, defend, and indemnify the other in any suit, action or claim for damages resulting from any and all acts or conduct of its employees while providing aid pursuant to this Agreement. Nothing is intended to be a waiver of the limitation placed upon the Parties' liability as set forth in Section 768.28. Florida Statutes. 7. Forfeitures: It is recognized that during the course of the operation of this Agreement, property subject to forfeiture under Chapter 932, Florida Statutes, may be seized. The requesting law enforcement agency shall process the forfeiture. The property shall be seized, forfeited, and equitably distributed among the participating law enforcement agencies in proportion to the amount of investigation and participation performed by each agency. 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 stated in Chapter 23, Florida Statutes. 9. Effective Date and Duration: This Agreement shall be in effect from date of -3- JOINT DECLARATION OF THE CHIEF OF THE CITY OF OPA-LOCKA POLICE DEPARTMENT AND THE CHEF OF THE CITY OF NORTH MIAMI 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, hereto entered into by the City of Opa-Locka, and the City of North Miami, Florida, 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 dictate by subsequent declarations. 1. Joint multi jurisdictional criminal investigations; 2. Civil affray or disobedience, disturbances, riots, large protest demonstrations, 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 with detention facilities; 7. Hostage and barricaded subject situations, and aircraft piracy; 8. Control of major crime 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; RESOLUTION NO. 2021-R-169 A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF NORTH MIAMI, FLORIDA APPROVING THE EXECUTION OF A MUTUAL AID AGREEMENT AND JOINT DECLARATION BETWEEN THE CITY OF NORTH MIAMI AND THE CITY OF OPA-LOCKA TO PROVIDE ADEQUATE LEVELS OF POLICE SERVICES; PROVIDING FOR AN EFFECTIVE DATE AND ALL OTHER PURPOSES. WHEREAS, the entering of a mutual aid agreement between municipalities is authorized by Chapter 23, Florida Statutes, Florida Mutual Aid Act; and WHEREAS, the City of North Miami and the City of Opa-Locka are desirous of entering into a Mutual Aid Agreement and Joint Declaration with each other to ensure the public safety of their citizens by providing adequate levels of police services to protect the public peace and safety, and to preserve the lives and property of the people of the participating Miami -Dade County municipalities; and WHEREAS, the Mayor and City Council believe that the Mutual Aid Agreement with the City of Opa-Locka and the accompanying Joint Declaration will benefit the residents of the City of North Miami and should be entered into with the City of Opa-Locka. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF NORTH MIAMI, FLORIDA, AS FOLLOWS: Section 1. Approval of Agreement and Joint Declaration. The Mayor and City Council hereby approves the Mutual Aid Agreement and Joint Declaration between the City of North Miami and the City of Opa-Locka attached as "Exhibit 1." Section 2. Authority of City Manager and Police Chief. The City Manager and the Chief of Police are authorized to execute the Mutual Aid Agreement and Joint Declaration attached as "Exhibit 1" with the City of Opa-Locka. Section 3. Effective Date. This Resolution will be effective upon adoption. IWO #21-671 (VM) Page 1 of 2 MUTUAL AID AGREEMENT Between the City of Opa-Locka Police Department and the City of North Miami Police Department WHEREAS, it is the responsibility of the governments of the City of Opa-Locka, Florida and the City of North Miami, 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 which are, or likely to be, beyond the control of the services, personnel, equipment or facilities of the participating municipal police departments; and WHEREAS, in order to ensure the 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 participating Miami -Dade County municipalities; and WHEREAS, the participating Miami -Dade County municipalities have the authority under Chapter 23, Florida Statutes (Florida Mutual Aid Act) to enter into a mutual aid agreement. NOW, THEREFORE, the parties agree as follows: 1. Short title: Mutual Aid Agreement 2. Description: The Mutual Aid Agreement provides for the requesting rendering of assistance for both routine and intensive law enforcement situation(s). This Mutual Aid 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 agency heads. Subsequent to execution by the concerned agency heads, the joint declaration shall be filed with the clerks of the respective political subdivisions and shall become part of this Agreement. Said declaration may be amended or supplemented at any time by the agency heads by filing a subsequent declaration with the clerks of the respective political subdivisions. -1- B. The political subdivision having financial responsibility for the law enforcement agency providing the services, personnel, equipment, or facilities pursuant to the provisions of this Agreement shall bear any loss or damage and shall pay any and all expenses incurred in the maintenance and operation of the mission. 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 this Agreement, during the time of rendering of such aid and shall defray the actual travel and maintenance expenses of such employees while they are rendering such aid. The compensation shall include any amounts paid or due or compensation due to personal injury or death while such employees are engaged in rendering such aid. The compensation shall also include all benefits normally due such employees. D. All exemption from ordinances and rules, and all pension, insurance, 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 extraterritorially under the provisions of this Mutual Aid Agreement. The provision of this Agreement shall apply with equal effect to paid and auxiliary employees. 6. Indemnification: To the extent allowed by law, each party agrees to hold harmless, defend, and indemnify the other in any suit, action or claim for damages resulting from any and all acts or conduct of its employees while providing aid pursuant to this Agreement. Nothing is intended to be a waiver of the limitation placed upon the Parties' liability as set forth in Section 768.28. Florida Statutes. 7. Forfeitures: It is recognized that during the course of the operation of this Agreement, property subject to forfeiture under Chapter 932, Florida Statutes, may be seized. The requesting law enforcement agency shall process the forfeiture. The property shall be seized, forfeited, and equitably distributed among the participating law enforcement agencies in proportion to the amount of investigation and participation performed by each agency. 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 stated in Chapter 23, Florida Statutes. 9. Effective Date and Duration: This Agreement shall be in effect from date of -3- JOINT DECLARATION OF THE CHIEF OF THE CITY OF OPA-LOCKA POLICE DEPARTMENT AND THE CHIEF OF THE CITY OF NORTH MIAMI 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, hereto entered into by the City of Opa-Locka, and the City of North Miami, Florida, 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 dictate by subsequent declarations. 1. Joint multi jurisdictional criminal investigations; 2. Civil affray or disobedience, disturbances, riots, large protest demonstrations, 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 with detention facilities; 7. Hostage and barricaded subject situations, and aircraft piracy; 8. Control of major crime 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; RESOLUTION NO. 2021-R-169 A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF NORTH MIAMI, FLORIDA APPROVING THE EXECUTION OF A MUTUAL AID AGREEMENT AND JOINT DECLARATION BETWEEN THE CITY OF NORTH MIAMI AND THE CITY OF OPA-LOCICA TO PROVIDE ADEQUATE LEVELS OF POLICE SERVICES; PROVIDING FOR AN EFFECTIVE DATE AND ALL OTHER PURPOSES. WHEREAS, the entering of a mutual aid agreement between municipalities is authorized by Chapter 23, Florida Statutes, Florida Mutual Aid Act; and WHEREAS, the City of North Miami and the City of Opa-Locka are desirous of entering into a Mutual Aid Agreement and Joint Declaration with each other to ensure the public safety of their citizens by providing adequate levels of police services to protect the public peace and safety, and to preserve the lives and property of the people of the participating Miami -Dade County municipalities; and WHEREAS, the Mayor and City Council believe that the Mutual Aid Agreement with the City of Opa-Locka and the accompanying Joint Declaration will benefit the residents of the City of North Miami and should be entered into with the City of Opa-Locka. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF NORTH MIAMI, FLORIDA, AS FOLLOWS: Section 1. Approval of Agreement and Joint Declaration. The Mayor and City Council hereby approves the Mutual Aid Agreement and Joint Declaration between the City of North Miami and the City of Opa-Locka attached as "Exhibit 1." Section 2. Authority of City Manager and Police Chief. The City Manager and the Chief of Police are authorized to execute the Mutual Aid Agreement and Joint Declaration attached as "Exhibit 1" with the City of Opa-Locka. Section 3. Effective Date. This Resolution will be effective upon adoption. IWO #21-671 (VM) Page 1 of 2