HomeMy Public PortalAboutResolution No. 23-171 - Resolution for MMA with Miami-Dade County Schools Police DepartmentSponsored by: Interim City Manager
RESOLUTION NO. 23-171
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 MIAMI-DADE COUNTY SCHOOLS POLICE DEPARTMENT,
ATTACHED HERETO 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 Miami -Dade County
Schools Police Department, 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 with the Miami -Dade County Schools
Police Department 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 Interim City Manager to enter into and execute a Mutual Aid Agreement with the
Miami -Dade County Schools Police Department, attached hereto as Exhibit "A".
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 an operational assistance Mutual
Aid Agreement ("MAA") with the Miami -Dade County Schools Police
Department, for law enforcement services and resources, attached hereto as
Exhibit "A".
Resolution No. 23-171
J arena Flores, City Clerk
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 may be authorized by the
Interim City Manager, following review by the City Attorney and without need of
public hearing, by filing a corrected copy of same with the City.
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 25th day of October, 2023.
TTEST:
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY:
, es . rog
Burnadette Norris -Weeks, .A.
City Attorney
Moved by: Commissioner Bass
Seconded by: Vice Mayor Ervin
VOTE: 4-0
Commissioner Bass YES
Commissioner Kelley YES
Commissioner Williams ABSENT
Vice Mayor Ervin YES
Mayor Taylor YES
John H. : ylor Jr., Mayor
2
DocuSign Envelope ID: BCDFE240-5B47-47FB-8457-E8E225244B8D
City of Opa-locka
Agenda Cover Memo
Department
Director:
Interim Chief
Kenneth D. Ottley
Department Director
Signature:
City Manager:
Darvin Williams
CM Signature:
ulgnea
R,yv,;w UliiLiax 1
Commission
Meeting Date:
10-25-2023
Item Type:
(EnterX in box)
Resolution
Ordinance
Other
X
Fiscal Impact:
(Enter X in box)
Yes
No
Ordinance Reading:
(Enter X in box)
15' Reading
2nd Reading
X
Public Hearing:
(Enter X in box)
Yes
No
Yes
No
X
X
Funding Source:
Account#i :
65/521547
(Enter Fund &
Dept)
Ex:
None
Advertising Requirement:
(Enter X in box)
Yes
No
X
Contract/P.O.
Required:
(Enter X in box)
Yes
No
RFP/RFQ/Bid#:
X
Strategic Plan
Related
(Enter X in box)
Yes
No
Strategic Plan Priority
Enhance Organizational
Bus. & Economic
Public Safety
Quality of Education
Qual. of Life & City
Communication
Area:
0
Strategic Plan Obj./Strategy:
(list the specific objective/strategy this
item will address)
To enhance public safety.
X
Dev IM
Image 0
0
Sponsor Name
City Manager
Department: Police 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 AGREEEMENT WITH THE MIAMI-DADE SCHOOLS POLICE
DEPARTMENT, 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-Iocka and the Maimi-Dade Schools Police
Department 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.
DocuSign Envelope ID: 8CDFE240-5847-47FB-8457-E8E225244B8D
Financial Impact: There is no financial impact associated with this item.
Proposed Action:
Staff recommends the Commission approve this resolution and authorize the Interim City Manager to
sign the Mutual Aid Agreement with the Miami -Dade Schools Police.
Attachment:
1. Miami -Dade Schools Police Department, Miami, Florida Mutual Aid Agreement.
VOLUNTARY COOPERATION AND OPERATIONAL ASSISTANCE
MUTUAL AID AGREEMENT
BETWEEN THE CITY OF OPA LOCKA, FLORIDA AND
THE SCHOOL BOARD OF MIAMI-DADE COUNTY, FLORIDA
MIAMI-DADE SCHOOLS POLICE DEPARTMENT
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 School Board of Miami -Dade County, a political
subdivision of the State of Florida, hereinafter referred to as the Miami -Dade Schools Police
Department, having its principal office at 3300 NW 27 Avenue, Miami, Florida 33142, and the
City of Opa-locka, Florida (the "City"), having its principal office at 780 Fisherman Street, 4th
Floor, Opa-Locka, Florida 33054.
RECITALS
WHEREAS, it is the responsibility of the governments of the City and the Miami -Dade
Schools Police Department 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 Opa-locka
Police Department or the Miami -Dade Schools Police Department; and
WHEREAS, in 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 City of Opa-locka, Florida, and the
Miami -Dade Schools Police Department, 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 and the Miami -Dade Schools Police Department have the voluntary
cooperation and assistance authority under the Florida Mutual Aid Act, Sections 23.12 - 23.127
of the Florida Statutes, to enter into this Cooperation Agreement which:
(1) Permits voluntary cooperation and operational assistance of a routine 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, and the Miami -Dade Schools Police
Department 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 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 investigations as set forth pursuant to, and under the authority of Chapter 23 of the Florida
Statutes.
SECTION II. 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.
16. Joint multi -jurisdictional marine interdiction operations.
17. DUI Checkpoints.
The following procedures will apply in mutual aid operations:
1. Mutual aid requested or rendered will be approved by the Chief of Police, or designee.
2. 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.
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 the Chief of Police who is involved.
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.
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 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 latter'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 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
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 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
To the fullest extent permitted by the law, each party engaging in any mutual
cooperation and assistance pursuant to this Agreement, shall indemnify and hold harmless the
other participating party, and its appointees or employees ("Indemnitees") from and against all
claims, liabilities, damages, losses, and costs including, but not limited to, reasonable costs at
the pre-trial, trial and appellate levels, arising out of, resulting from or incidental to the other
participating party's performance under this Agreement or to the extent caused by negligence,
recklessness, or intentional wrongful conduct of the participating party or other persons
employed or utilized by the participating party in the performance of this Agreement. Subject to
the provisions set forth in Florida Statute Section 768.28, as amended and revised, neither party
shall be liable to pay a claim or judgment by any one person which exceeds the sum of
$200,000, or any claim or judgments or portions thereof, which when totaled with all other
claims or judgments paid by the state or its agencies or subdivisions arising out of the same
incident or occurrence, exceeds the sum of $300,000. The remedy provided to the Indemnitees
by this indemnification shall be in addition to and not in lieu of any other remedy available under
the Agreement or otherwise. This indemnification obligation shall not be diminished or limited in
any way to any insurance maintained pursuant to the Agreement otherwise available to the
other participating party. The remedy provided to the Indemnitees by this indemnification shall
survive this Agreement. The provisions of this Section shall specifically survive the termination
of this Agreement. The provisions of this Section are intended to require both parties to furnish
the greatest amount of indemnification allowed under Florida law. To the extent any
indemnification requirement contained in this Agreement is deemed to be in violation of any law,
that provision shall be deemed modified so that both parties shall be required to furnish the
greatest level of indemnification to the Indemnitees as was intended by the parties hereto.
SECTION VIII. POWERS, PRIVILEGES, IMMUNITIES AND EXPENDITURES
(a) Employees of the Opa-Locka Police Department and the Miami -Dade Schools
Police Department, 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) and this
Agreement, 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 deplete unreasonably its own
personnel, equipment, resources, facilities, and services in furnishing such mutual aid.
(c) A party that furnishes equipment pursuant to this Cooperation Agreement must
bear the cost of loss or damage to that equipment and must pay any expense incurred in the
operation and maintenance of that equipment.
(d) The agency furnishing aid pursuant to this Cooperation Agreement shall
compensate its 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. The requesting agency may reimburse the
assisting agency during the time of the rendering of such aid and may defray the actual travel
and maintenance expenses of such 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
employees are 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 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 shall 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, reserve and auxiliary employees.
(f) Nothing herein shall prevent the requesting agency from requesting
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.
(g) Should the City receive reimbursement for expenditures from a third party for a
mutual aid event covered by this Cooperation Agreement, the Miami -Dade Schools Police
Department 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 Miami -Dade Schools Police Department receive reimbursement for
expenditures from a third party for a mutual aid event covered by this Cooperation Agreement,
the City 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.
(i) The parties acknowledge that the Miami -Dade Schools Police Department and
the City are authorized to pursue any property seized pursuant to the Florida Contraband
Forfeiture Act. Each party shall have the exclusive authority to initiate forfeiture proceedings
originating in its respective jurisdiction under the Florida Contraband Act for any matters which
arise from a mutual aid event that is covered by this Cooperation Agreement. 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,
dismiss the action, or settle the action. Each respective party, upon successfully prosecuting a
forfeiture action, shall equitably share in those proceeds forfeited, as acceptable to the Chief of
Police of the Miami -Dade Schools Police Department and Chief of Police for the City, less the
costs associated with the forfeiture action.
SECTION IX. INSURANCE
Each party shall provide, upon request, satisfactory proof of liability insurance by one or
more of the means specified in Section 768.28(16)(a) of the Florida Statutes, 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.
SECTION X. EFFECTIVE DATE
This Agreement shall take effect upon execution and approval by both parties and shall
continue in full force and effect for five years thereafter from the Effective Date, unless
terminated prior by any or all of the parties. Under no circumstances may this agreement be
renewed, amended, or extended except in writing.
SECTION XI. CANCELLATION
Either party may cancel its participation in this Agreement at any time upon delivery of
written notice to the other party and such Agreement shall be terminated thirty (30) days after
receipt of this notice. Any notice required or permitted under this Agreement, including any
notice of cancellation or termination, shall be effective when personally delivered or sent by first-
class mail, return receipt requested as follows:
For the School Board:
The School Board of Miami -Dade County
Attn: Jose L. Dotres, Superintendent
1450 NE Second Avenue, Suite 912
Miami, Florida 33132
With a copy to:
Miami -Dade Schools Police Department
Attn: Ivan E. Silva, Interim Chief of Police
3300 NW 27th Avenue
Miami, Florida 33142
And a copy to:
The School Board of Miami -Dade County
Attn: Walter J. Harvey, Board Attorney
1450 NE Second Avenue, Suite 430
Miami, Florida 33132
For the City of Opa-locka:
City of Opa-locka
Attn: John H. Taylor, Jr., Mayor
780 Fisherman Street
Opa-Locka, Florida 33054
With a copy to:
Opa-locka Police Department
Attn: Kenneth D. Ottley, Interim Chief of
Police
780 Fisherman Street, Suite 316
Opa-Locka, Florida 33054
And a copy to:
Office of the City Attorney
Attn: Burnadette Norris -Weeks, Esq.
City of Opa-locka
780 Fisherman Street, 4th Floor
Opa-Locka, Florida 33054
bnorris@apnwplaw.com (email)
(THIS SPACE INTENTIONALLY LEFT BLANK. SIGNATURE PAGE TO FOLLOW)
In witness whereof, the parties hereto cause to these presents to be signed on the date
specified below.
MIAMI-DADE SCHOOLS CITY OF OPA LOCKA, FLORIDA
POLICE DEPARTMENT
IVAN E. SILVA KENNETH D. OTTLEY
INTERIM CHIEF OF POLICE INTERIM CHIEF OF POLICE
Date: Date:
JOSE L. DOTRES JOHN H. TAYLOR, JR.
SUPERINTENDENT MAYOR
MIAMI-DADE COUNTY PUBLIC SCHOOLS Date:
Date:
MICHELE L. JONES, ESQ.
ATTORNEY FOR
MIAMI-DADE COUNTY PUBLIC SCHOOLS
Date:
ATTEST:
DARVIN WILLIAMS
INTERIM CITY MANAGER
Date:
BURNADETTE NORRIS-/VEEKS, ESQ.
CITY ATTORNEY
Date: 11/(0/2
CLERK
MIAMI-DADE COUNTY PUBLIC SCHOOLS ATTEST:
Date:
JOANNA FLORES
CITY CLERK
Date: