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
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X
Fiscal Impact:
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Ordinance Reading:
1'' Reading
2^" Reading
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No
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Public Hearing:
Yes
No
Yes
No
X
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X
X
Funding Source:
(Enter Fund &
Advertising Requirement:
Yes
No
Account# :
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Ex:
None
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Contract/P.O.
Yes
No
RFP/RFQ/Bid#:
Required:
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X
Strategic Plan
Yes
No
Strategic Plan Priority Area:
Strategic Plan 04/Strategy:
Related
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Enhance Organizational 0
Bus. & Economic Dev 0
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Qual. of Life & City Image 0
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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