HomeMy Public PortalAbout13-8709 Operational Assistance Agreement with North Miami Beach Police Department Sponsored by: City Manager
RESOLUTION NO. 13-8709
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF OPA-LOCKA,FLORIDA,TO AUTHORIZE THE
CITY MANAGER TO ENTER INTO AND EXECUTE AN
OPERATIONAL ASSISTANCE MUTUAL AID
AGREEMENT WITH THE CITY OF NORTH MIAMI
BEACH, FLORIDA, FOR LAW ENFORCEMENT
SERVICES AND RESOURCES; PROVIDING FOR
INCORPORATION OF RECITALS; PROVIDING FOR AN
EFFECTIVE DATE
WHEREAS, the Mutual Aid Agreement ("MAA") with the City of North Miami Beach
provides for requesting and rendering of assistance for both routine and law enforcement intensive
situations; and
WHEREAS, the City Commission of the City of Opa-locka ("City") desires to work
together with the City of North Miami Beach for law enforcement services and resources to ensure
public safety for the citizens of both cities via the MAA; and
WHEREAS, the City Commission desires to authorize the City Manager to enter into and
execute an operational assistance Mutual Aid Agreement with the City of North Miami Beach.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE CITY COMMISSION OF
THE CITY OF OPA-LOCKA, FLORIDA:
Section 1. The recitals to the preamble herein are incorporated by reference.
Section 2. The City Commission of the City of Opa-locka hereby authorizes and directs
the City Manager to enter into and execute an operational assistance Mutual Aid Agreement with
the City of North Miami Beach, for law enforcement services and resources.
RESOLUTION NO. 13-8709
Section 3. This resolution shall take effect immediately upon adoption.
PASSED AND ADOPTED this 13TH day of November, 2013.
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• YRAv AYLOR
MAYOR
Attest to:
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Jo., a Flores
City Clerk
Approved as%o form and legal . ficiency:
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' EN', 'OON MARDER, PA
• ty Att o rney
Moved by: COMMISSIONER JO to SON
Seconded by: COMMISSIONER HOLMES
Commission Vote: 5-0
Commissioner Holmes: YES
Commissioner Johnson: YES
Commissioner Santiago: YES
Vice-Mayor Kelley: YES
Mayor Taylor: YES
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City of Opa-Locka
Agenda Cover Memo
Commission Meeting 11/13/13 Item Type: Resolution Ordinance Other
Date: X
(EnterXin box)
Fiscal Impact: Ordinance Reading: 1st Reading 2nd Reading
(EnterXin box) Yes No (EnterXin box)
X Public Hearing: Yes No Yes No
(EnterXin box)
Funding Source: (Enter Fund&Dept) Advertising Requirement: Yes No
(Enter Acct No.) (Enter X in box) X
ITEM BUDGETED: N/A
YES
NO
Contract/P.O.Required: Yes No RFP/RFQ/Bid#:
(EnterXin box) X N/A
Strategic Plan Related Yes No Strategic Plan Priority Area: Strategic Plan Obj./Strategy: Out the
(Enter X in box) X specific objective/strategy this item will address)
Enhance Organizational 0 N/A
Bus.&Economic Dev El
Public Safety 0
Quality of Education 0
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Sponsor Name City Manager Department: Police Department
Short Title:
Mutual Aid Agreement Services for Law Enforcement Resources with the City of North Miami
Beach, Florida.
Staff Summary:
It is the responsibility of the City of Opa-locka to ensure the public safety of our citizens by
providing adequate levels of police services to address any foreseeable routine or emergency
situation. The agreement with the City of South Miami for law enforcement will asssit the City
in this endeavor if the services are required.
1I
Approval by the City Commission
City of North Miami Beach, Mutual Aid Agreement
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Kelvin L. Baker,Sr. Office: 305-953-2821
City Manager 305-953-2823
Fax: 305-953-2870
Memorandum
TO: Mayor Myra L. Taylor
Vice Mayor Joseph L. Kelle
Commissioner Timoth Holm.
Commissioner Dorothy ohn tern
Commissioner Luis B. 'anti. •o.
FROM: Kelvin L. Baker, Sr., City Manag:
DATE: November 6,2013
RE: Mutual Aid Agreement—City of North Miami Beach
Request: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA-
LOCKA, FLORIDA AUTHORIZING THE CITY MANAGER TO ENTER INTO
AND EXECUTE AN OPERATIONAL ASSISTANCE MUTUAL AID
AGREEMENT WITH THE CITY OF NORTH MIAMI BEACH, FLORIDA, IN
SUBTANTIALLY THE FORM ATTACHED HERETO, FOR LAW
ENFORCEMENT SERVICES AND RESOURCES.
Description: To receive extended mutual aid.in the form of law enforcement services and resources.
Account Number: N/A
Financial Impact: N/A
Implementation Time Line: Immediate upon approval by the City Commission.
Legislative History: None
Analysis: N/A
Recommendation(s): City Commission Approval
Attachments: City of North Miami Beach, Florida Mutual Aid Agreement and Joint Declaration
Prepared by: Kathy Phillips, Executive Secretary Office of the City Manager
for the Opa-locka Police Department
End of Memorandum
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MUTUAL AID AGREEMENT
Between the City of North Miami Beach and the City of Opa-locka
Municipal Police Departments
WHEREAS, it is the responsibility of the governments of the City of North Miami Beach and the
City of Opa-locka, 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 are likely to be,
beyond the control of the services, personnel, equipment, or facilities of North Miami Beach and Opa-
locka Police Departments; 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 Cities of North Miami Beach and Opa-locka; and
WHEREAS, the City of North Miami Beach and the City of Opa-locka have the authority under
Chapter 23, Florida Statutes, Florida Mutual Aid Act, to enter into a mutual aid agreement;
NOW, THEREFORE, BE IT KNOWN that the City of North Miami Beach, a political subdivision of
the State of Florida, and the City of Opa-locka, in consideration for mutual promises to render valuable
aid in times of necessity, do hereby agree to fully and faithfully abide by and be bound by the following
terms and conditions:
1. Short title: Mutual Aid Agreement(hereinafter referred to as MAA)
2. Description: Since this MAA provides for the requesting and rendering of assistance for both
routine and law enforcement intensive situations. This MAA 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. The Joint Declaration between the City of Opa-locka and the
City of North Miami Beach is attached hereto as Exhibit "A" and is hereby incorporated
by reference. Subsequent to execution by concerned agency heads, the Joint
Declaration shall be filed with the clerks of the respective political subdivisions and shall
thereafter become part of this Agreement. Said declaration may be amended or
supplemented at any time by the agency heads by filing subsequent declarations with
the clerks of the respective political subdivisions.
Mutual Aid Agreement
Between the City of North Miami Beach and the City of Opa-locka Municipal Police Departments
b. Agency or participating law enforcement agency: Either the North Miami Beach or Opa-
locka Police Departments.
c. Agency head: the City of North Miami Beach Manager or his designee shall have the
right to bind the City of North Miami Beach, and the City Manager of Opa-locka or his
designee shall have the right to bind the City of Opa-locka in accordance with this
Agreement.
d. Participating municipal police departments: The City of North Miami Beach and the City
of Opa-locka.
e. Certified law enforcement employee: Any law enforcement employee certified as
provided in Chapter 943, Florida Statutes.
4. Operations:
a. In the event that a party to this Agreement is in need of assistance as specified in the
applicable joint declaration, an authorized representative of the police department
requiring assistance shall notify the agency from whom such assistance is requested.
The authorized agency representative whose assistance is sought shall evaluate the
situation and his available resources,and will respond in a manner deemed appropriate.
b. Each party to this Agreement agrees to furnish necessary manpower, equipment,
facilities, and other resources and to render services to the other party as required to
assist the requesting party in addressing the situation which caused the request;
provided, however, that no party shall be required to deplete unreasonably its own
manpower, equipment, facilities, and other resources and services in rendering such
assistance.
c. The agency heads of the participating law enforcement agencies, or their designees,
shall establish procedures for giving control of the mission definition to the requesting
agency, and for giving tactical control over accomplishing any such assigned mission and
supervisory control over all personnel or equipment provided pursuant to this
Agreement to the providing agency.
5. Powers, Privileges, Immunities,and Costs:
a. All employees of the participating municipal police department, including certified law
enforcement employees as defined in Chapter 943, Florida Statutes, during such time
that said employees are actually providing aid outside of the jurisdictional limits of the
employing municipality pursuant to a request for aid made in accordance with this
Agreement, shall, pursuant to the provisions of Chapter 23, Florida Statutes, have the
same powers, duties, rights, privileges, and immunities as if they were performing their
duties in the political subdivision in which they are normally employed.
b. The political subdivision having financial responsibility for the law enforcement agency
providing services, personnel, equipment, or facilities pursuant to the provisions of this
Agreement shall bear any loss or damage to same and shall pay any and all expenses
incurred in the maintenance and operation of same.
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Mutual Aid Agreement
Between the City of North Miami Beach and the City of Opa-locka Municipal Police Departments
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 the Agreement during the time of the rendering of such aid
and shall defray the actual travel and maintenance expenses of such employees while
they are rendering such aid. Such compensation shall include any amounts paid or due
for compensation due to personal injury or death while such employees are engaged in
rendering such aid. Such compensation shall also include all benefits normally due such
employees.
d. All exemption from ordinances and rules, and all pensions, 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 extra territorially under the provisions of this MAA. The provisions
of this Agreement shall apply with equal effect to paid and auxiliary employees.
6. Indemnification: The political subdivision having financial responsibility for the law enforcement
agency providing aid pursuant to this Agreement agrees to hold harmless, defend, and
indemnify the requesting law enforcement agency and its political subdivision in any suit, action,
or claim for damages resulting from any and all acts or conduct of employees of said providing
agency while providing aid pursuant to this Agreement, subject to Chapter 768, Florida Statutes,
where applicable.
7. Forfeitures: It is recognized that during the course of the operation of this Agreement, property
subject to forfeiture under the Florida Contraband Forfeiture Act, Florida Statutes, may be
seized. The property shall be seized, forfeited, and equitably distributed among the
participating agencies in proportion to the amount of investigation and participation performed
by each agency. This shall occur pursuant to the provisions of the Florida Contraband Forfeiture
Act.
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 signing through and
including January 1, 2018. Under no circumstances may this Agreement be renewed, amended
or extended,except in writing.
10. Cancellation: This Agreement may be cancelled by either party upon sixty (60) days written
notice to the other party.
SIGNATURES ONLY BEYOND THIS POINT.
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Mutual Aid Agreement
Between the City of North Miami Beach and the City of Opa-locka Municipal Police Departments
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 the Agreement during the time of the rendering of such aid
and shall defray the actual travel and maintenance expenses of such employees while
they are rendering such aid. Such compensation shall include any amounts paid or due
for compensation due to personal injury or death while such employees are engaged in
rendering such aid. Such compensation shall also include all benefits normally due such
employees.
d. All exemption from ordinances and rules, and all pensions, 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 extra territorially under the provisions of this MAA. The provisions
of this Agreement shall apply with equal effect to paid and auxiliary employees.
6. Indemnification: The political subdivision having financial responsibility for the law enforcement
agency providing aid pursuant to this Agreement agrees to hold harmless, defend, and
indemnify the requesting law enforcement agency and its political subdivision in any suit, action,
or claim for damages resulting from any and all acts or conduct of employees of said providing
agency while providing aid pursuant to this Agreement, subject to Chapter 768, Florida Statutes,
where applicable.
7. Forfeitures: It is recognized that during the course of the operation of this Agreement, property
subject to forfeiture under the Florida Contraband Forfeiture Act, Florida Statutes, may be
seized. The property shall be seized, forfeited, and equitably distributed among the
participating agencies in proportion to the amount of investigation and participation performed
by each agency. This shall occur pursuant to the provisions of the Florida Contraband Forfeiture
Act.
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 signing through and
including January 1, 2018. Under no circumstances may this Agreement be renewed, amended
or extended,except in writing.
10. Cancellation: This Agreement may be cancelled by either party upon sixty (60) days written
notice to the other party.
SIGNATURES ONLY BEYOND THIS POINT.
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Mutual Aid Agreement
Between the City of North Miami Beach and the City of Opa-locka Municipal Police Departments
AGREED TO AND ACKNOWLEDGED this day of ,2013.
Ana Garcia,City Manager Kelvin Baker,City Manager
City of North Miami Beach, Florida City of Opa-locka, Florida
ATTEST: ATTEST:
Pamela L. Latimore,CMC,City Clerk Joanna Flores,City Clerk
City of North Miami Beach, Florida City of Opa-locka, Florida
APPROVED AS TO FORM APPROVED AS TO FORM
AND LEGAL SUFFICIENCY AND LEGAL SUFFICIENCY
Darcee S.Siegel,City Attorney Joseph S.Geller,City Attorney
City of North Miami Beach, Florida City of Opa-locka, Florida
ABOVE SIGNATURES COMPLETE
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Mutual Aid Agreement
Between the City of North Miami Beach and the City of Opa-locka Municipal Police Departments
EXHIBIT"A"
JOINT DECLARATION BETWEEN
THE CHIEF OF THE CITY OF OPA-LOCKA POLICE DEPARTMENT
AND
THE CHIEF OF THE CITY OF NORTH MIAMI BEACH POLICE DEPARTMENT
PURSUANT TO A 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 preplanned and approved by each respective agency
head,or
• Appropriately dispatched in response to a request for assistance from the other law enforcement agency
In compliance with and under the authority of the Mutual Aid Agreement heretofore entered into by the
City of North Miami Beach, Florida and the City of Opa-locka, 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 within detention facilities.
7. Hostage and barricaded subject situations,and aircraft piracy.
S. 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. Emergency situations in which one agency cannot perform its functional objective.
14. Incidents requiring utilization of specialized units: e.g., underwater recovery, aircraft,
canine,motorcycle, bomb,crime scene,marine patrol,and police information.
15. Joint training in areas of mutual need.
16. Joint multi-jurisdictional marine interdiction operations
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Mutual Aid Agreement
Between the City of North Miami Beach and the City of Opa-locka Municipal Police Departments
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 should be included in
the request for mutual aid. In the absence of such instructions, personnel will report to
the ranking on-duty supervisor on the scene.
3. Communications instructions will be included in each request for mutual aid.
4. Incidents requiring mass processing arrestees, transporting prisoners, and operating
temporary detention facilities will be handled per established procedures.
Larry Gomer,Chief of Police Date
City of North Miami Beach, Florida
1_
Jeffrey/KeyCh�i of Pt lice Date
City of6pa-locka, Florida
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