HomeMy Public PortalAbout13-8710 MMA with the City of Miami Shores Sponsored by: City Manager
RESOLUTION NO. 13-8710
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 MIAMI SHORES,
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 Miami Shores 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 Miami Shores 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 Miami Shores.
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 Miami Shores, for law enforcement services and resources.
RESOLUTION NO. 13-8710
Section 3. This resolution shall take effect immediately upon adoption.
PASS AND ADOPTED this 13Th day of November, 2013.
MYRA AYLOR
MAYOR
Attest to:
1)-adv\---c
Joan . Flores
City Clerk
Approved as to form and le:al sufficiency:
hi, I . -- .,1 . 11_ A
• p Geller
E 'SPOON MARDER, PA
I ity A torney
Moved by: COMMISSIONER JOHNSON
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
(EnterX in box)
Fiscal Impact: Ordinance Reading: 1st Reading 2nd Reading
(Enter X in box) Yes No (Enter X in box)
X Public Hearing: Yes No Yes No
(Enter X in 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: (list the
(Enter X in box) X specific objective/strategy this item will address)
Enhance Organizational El N/A
Bus.&Economic Dev 0
Public Safety C]
Quality of Education CI
Qual.of Life&City Image El
Communcation CI
Sponsor Name City Manager Department: Police Department
Short Title:
Mutual Aid Agreement Services for Law Enforcement Resources with the City of Miami Shores
Village, 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.
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Approval by the City Commission
Attachment
City of Miami Shores Village, Mutual Aid Agreement
21 Page
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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 1 . Kelley
Commissioner Timoth Holme:
Commissioner Dorothy John•.
Commissioner Luis B. a ag
FROM: Kelvin L. Baker, Sr., City
Man/
DATE: November 6, 2013
RE: Mutual Aid Agreement—City of Miami Shores Village
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 MIAMI SHORES VILLAGE,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 Miami Shores Village 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 Miami Shores Village
and the City of Opa Locka
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 Miami Shores
Police Department or the Opa Locka Police Department; and
Whereas, Miami Shores Village and the City of Opa Locka are so located in relation to each
other that it is to the advantage of each to receive and extend mutual aid in the form of law
enforcement services and resources to adequately respond to intensive situations, including,
but not limited to, natural or manmade disasters or emergencies as defined under
§ 252.34, Florida Statutes; 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 participating municipalities; and,
Whereas, Miami Shores Village and the City of Opa Locka have the authority under § 23.12,
Florida Statutes, et seq. , the Florida Mutual Aid Act, to enter into a mutual aid agreement
for law enforcement service which provides for rendering of assistance in a law enforcement
emergency.
NOW, THEREFORE, Miami Shores Village, a Florida municipal corporation, and the City of
Opa Locka in consideration for mutual promises to render valuable aid in time of necessity, do
hereby agree to fully and faithfully abide by and be bound by the following terms and
conditions:
SECTION I: SHORT TITLE: Mutual Aid Agreement
SECTION II: DESCRIPTION
Since this Mutual Aid Agreement provides for the requesting and rendering of assistance for
both routine and law enforcement intensive situations, 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.
SECTION III: 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 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.
b. Agency or participating law enforcement agency: Either the Miami Shores Police
Department or the Opa Locka Police Department.
c. Agency Head: Either the Chief of the Miami Shores Police Department, or Chiefs
designees; and the Chief of the Opa Locka Police Department, or the Chiefs designees.
d. The participating police department: The police department of any municipality in the
State of Florida that has approved and executed this Agreement upon the approval of
the governing body of that municipality.
e. Certified law enforcement employee: Any law enforcement employee certified as
provided in Chapter 943, Florida Statutes.
SECTION IV: 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 agency requiring
assistance shall notify the agency head or his/her designee from whom such assistance
is requested. The agency head 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.
b. The agency head 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. The agency
head's decision in these matters shall be final.
c. Each party to this Agreement agrees to furnish necessary personnel, 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 unreasonably deplete its own
personnel, equipment, resources, facilities, and services in furnishing such mutual aid,
as determined by the furnishing party.
d. 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. However, each employee shall also be subject to the personnel
rules, regulations, procedures, and policies applicable to his or her employing agency.
e. The personnel and equipment that are assigned by the assisting agency head shall be
under the immediate command of a supervising officer designated by the assisting
agency head. Such supervising officer shall be under the direct supervision and
command of the agency head or his/her designee of the agency requesting assistance.
f. Whenever an officer or other employee is rendering assistance pursuant to this
agreement, the officer or employee shall abide by and be subject to the rules and
regulations, personnel policies, general orders and standard operating procedures of
his/her own employing agency. 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, personnel policy, general order or procedure shall control and shall
supersede the direct order.
g. Whenever there is cause to believe that a complaint has arisen as a result of a
cooperative effort as it may pertain to this agreement, the agency head 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 accused employee(s) without regard 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 head or his/her designee
of the assisting 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 V: POWERS, PRIVILEDGES, IMMUNITIES, COSTS
a. All employees of the participating 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.
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 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 exemptions from ordinance 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 the Mutual Aid Agreement. The
provisions of this Agreement shall apply with equal effect to paid and auxiliary
employees.
e. 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.
f. Nothing in this agreement is intended or is to be construed as any transfer or
contracting away of the powers or functions of one party hereto to the other.
g. This agreement creates no rights or benefits in favor of any third parties and there are
no intended third party beneficiaries with regard to the provisions herein.
SECTION VI: INDEMNIFICATION
a. 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 an acts or conduct of employees of said
providing agency while providing aid pursuant to this Agreement, subject to Chapter 768,
Florida Statutes, where applicable.
b. Each party engaging in any mutual cooperation or assistance, pursuant to this agreement,
agrees to assume responsibilities for the acts, omissions, or conduct of such party's own
employees while engaged in rendering aid pursuant to this Mutual Aid Agreement,
subject to the provisions of§ 768.28, Florida Statutes. where applicable.
a
c. Each party shall provide satisfactory proof of liability insurance or self insurance by one
or more of the means specified in § 768.28(15)(a), 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. Should insurance coverage, however provided, of
any party be cancelled 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 VII: FORFEITURES
a. In the event that a participating agency seizes any real property, vessel, motor vehicle,
aircraft, currency or other property pursuant to the Florida Contraband Forfeiture Act
during the performance of this agreement, the agency requesting assistance in the case
of requested operational assistance and the seizing agency in the case of voluntary
cooperation shall be responsible for maintaining any forfeiture action pursuant to
Chapter 932, Florida Statutes. The agency pursuing the forfeiture action shall have the
exclusive right to control and the responsibility to maintain the property in accordance
with Chapter 932, Florida Statutes, to include, but not be limited to, the complete
discretion to bring the action or dismiss the action.
b. All proceeds from forfeited property seized as a result of or in accordance with this
agreement shall be divided in proportion to the amount of investigation and
participation performed by each agency, less the costs associated with the forfeiture
action.
SECTION VIII: 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.
SECTION IX: EFFECTIVE DATE
This agreement shall take effect upon execution and approval by the hereinafter named
officials and shall continue in full force and effect until January 1, 2015. Under no
circumstances may this agreement be renewed, amended, or extended except in writing.
SECTION X: CANCELLATION
Any party may cancel its participation in this agreement upon sixty (60) days written notice to
the other party or parties. Cancellations will be at the discretion of any subscribing party.
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IN WITNESS WI RE+OF, the parties hereto cause these presents to be signed on the date
specified.
Thomas Benton Kelvin L. Baker, Sr.
Village Manager City Manager
Miami Shores Village, FL City of Opa Locka
Date: Date:
Attest: Attest:
Barbara Estep Joanna Flores
Village Clerk City Clerk
Miami Shores Village, FL City of Opa Locka
Approved as to form Approved as to form
and legal sufficiency: and legal sufficiency:
Richard Sarafan Joseph Geller
Village Attorney City Attorney
Miami Shores Village, FL City of Opa Locka
Filing the mutual aid agreement: section 23.1225(4); Florida statutes, requires the filing of a copy of
the signed mutual aid agreement with FDLE within 14 days after signature. Filing may be
accomplished by either mailing to FDLE, D.O. Box 1489, liahassce FL 32302, attention: mutual
liu v a
aid, or fax to 904-488-1760.
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JOINT DECLARATION OF THE CHIEF OF THE
MIAMI SHORES POLICE DEPARTMENT
AND THE CHIEF OF THE OPA LOCKA 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 his/her designee; or
• appropriately dispatched in response to a request for assistance from the other law
enforcement agency; or
• spontaneous response where assistance or aid is apparent (see 119 below)
In compliance with, and under the authority of, the Mutual Aid Agreement, heretofore
entered into by Miami Shores Village 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.
I. 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, 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.
8. Control of major crime scenes, area searches, perimeter control, back-ups to emergency
and in-progress calls, pursuits, and missing persons calls.
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9. Participating in exigent situations without a formal request which are spontaneous
occurrences such as area searches for wanted subjects, perimeters, crimes in progress,
escaped prisoners. Traffic stops near municipal boundaries, request for back-up assistance
and no local unit is available or nearby, calls or transmissions indicating an officer is injured,
calls indicating a crime or incident has occurred in which a citizen may likely be injured and
the assisting municipality is closer to the area than the officer receiving the call.
10. Enemy attack.
11. Transportation of evidence requiring security.
12. Major events; e.g., sporting events, concerts, parades, fairs, festivals, and conventions.
13. Security and escort duties for dignitaries.
14. Emergency situations in which one agency cannot perform its functional objective.
15. Incidents requiring utilization of specialized units; e.g.; underwater recovery, aircraft, canine,
motorcycle,bomb, crime scene, marine patrol, and police information.
16. Joint training in areas of mutual need.
17. Incidents requiring utilization of specialized units(such as bomb disposal units, marine units,
K-9 units or special weapons and tactical units).
DATE: DATE: to - L
Kevin Lystad Jeffery Key
Chief of Police Chief of Police
MiamiShores
Miami Police Department Opa-locka Police Department
ATTEST: ATTEST:
Village Clerk City Clerk
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