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HomeMy Public PortalAbout14-8736 MMA WITH THE CITY OF MIAMI BEACH SPONSORED BY: City Manager RESOLUTION NO. 14-8736 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA,AUTHORIZING THE CITY MANAGER AND THE CITY POLICE CHIEF TO ENTER INTO AND EXECUTE A VOLUNTARY COOPERATION AND AN OPERATIONAL ASSISTANCE MUTUAL AID AGREEMENT WITH THE CITY OF MIAMI BEACH, FLORIDA, IN SUBSTANTIALLY THE FORM ATTACHED HERETO, FOR LAW ENFORCEMENT SERVICES AND RESOURCES WHEREAS, the law enforcement agencies of the City of Opa-locka, Florida and the City of Miami Beach, Florida, are so located in relation to each other such that it is advantageous for each to receive and extend mutual aid in the form of law enforcement services and resources; and WHEREAS, the City of Opa-locka and the City of Miami Beach are authorized to enter into a mutual aid agreement pursuant to Section 23.12, Florida Statutes, Florida Mutual Aid Act. 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 Manager and the City Police Chief are hereby authorized to enter into and execute a Voluntary Cooperation and an Operational Assistance Mutual Aid Agreement with the City of Miami Beach, Florida, in substantially form attached hereto, for law enforcement services and resources. Section 3. This resolution shall take effect immediately upon adoption. PASSED AND ADOPTED this 8`h day of January, 2014. Resolution No. 14-8736 /( Imo'' RA TAYLOR MAYOR Attest to: 4.1 iLi ,,, J4 nna Flores City Clerk Approved as t r form and legal sufficiency: 1 i ,Lii I_ Le I Iii ie h . II eller P ENS' •ON MARDER, PA y Atto ey ■ Moved by: COMMISSIONER HOLMES Seconded by: COMMISSIONER JOHNSON Commission Vote: 5-0 Commissioner Holmes: YES Commissioner Johnson: YES Commissioner Santiago: YES Vice-Mayor Kelley: YES Mayor Taylor: YES 7 9 O t. % itrik—). City of Opa-Locka Agenda Cover Memo Commission Meeting 01/08/14 Item Type: Resolution Ordinance Other Date: X (EnterX in box) Fiscal Impact: Ordinance Reading: _ 1st Reading 2nd Reading (Enter X in box)n/a Yes No (Enter X in box) X Public Hearing: Yes No Yes No (Enter X in box) X X Funding Source: (Enter Fund&Dept) Advertising Requirement: Yes No (Enter Acct No.) n/a n/a (Enter X in box) X ITEM BUDGETED: YES NO Contract/P.O.Required: Yes No RFP/RFQ/Bid#: (Enter X in box) 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 p Bus.&Economic Dev El Public Safety p N/A Quality of Education El Qual.of Life&City Image El Communcation CI Sponsor Name City Manager Department: Police Short Title: Mutual Aid Agreement between City of Opa-locka and City of Miami Beach. Staff Summary: Staff recommends approval of agreement because it will be in place during times of crisis, if needed. Proposed Action: On an as needed basis as defined by the Mutual Aid Agreement. Attachment: 1. Voluntary Cooperation and Operational Assistance Mutual Aid Agreement between the City of Opa-locka and the City of Miami Beach to be processed 2. Executed Resolutions 05-6771 and 08-7365 3. Agenda Memorandum 4. 2005 and 2008 Executed Mutual Aid Agreements 0pp-LOCkQ o p .09E MEMORANDUM OAP, To: Mayor Myra L.Taylor Vice Mayor Joseph L Kelley Commissioner Timothy olmes Commissioner Dorothy ohnso Commissioner Luis San iag FROM: Kelvin L.Baker,Sr.,City Man DATE: December 21,2013 RE: Mutual Aid Agreement between City of Miami Beach and the City of Opa-locka Request: APPROVAL OF RESOLUTION AUTHORIZING THE CITY MANAGER AND CITY POLICE CHIEF TO ENTER INTO AND EXECUTE A VOLUNTARY COOPERATION AND OPERATIONAL ASSISTANCE MUTUAL AID AGREEMENT BETWEEN CITY OF MIAMI BEACH AND THE CITY OF OPA- LOCKA FOR LAW ENFORCEMENT SERVICES AND RESOURCES. Description: Mutual aid agreement. Financial Impact: N/A Implementation Time Line: Effective upon all parties executing agreement. Legislative History: Opa-locka Resolution#05-6771; 08-7365 Recommendation(s): Staff Recommends Approval Analysis: Mutually beneficial support during times of crisis. Attachment(s): 1) Voluntary Cooperation and Operational Assistance Mutual Aid Agreement between the City of Opa-locka and the City of Miami Beach, Florida for processing 2) Executed Resolutions 05-6771 and 08-7365 3) Mutual Aid Agreement 2005; Joint Declaration of Chiefs (7/22/05) 4) Mutual Aid Agreement 2008 Prepared by: Clancy Huckleberry,Executive Secretary End of Memorandum Sponsored by: City Manager DRAFT Resolution No. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA,AUTHORIZING THE CITY MANAGER AND THE CITY POLICE CHIEF TO ENTER INTO AND EXECUTE A VOLUNTARY COOPERATION AND AN OPERATIONAL ASSISTANCE MUTUAL AID AGREEMENT WITH THE CITY OF MIAMI BEACH, FLORIDA, IN SUBSTANTIALLY THE FORM ATTACHED HERETO, FOR LAW ENFORCEMENT SERVICES AND RESOURCES WHEREAS,the law enforcement agencies of the City of Opa-locka,Florida and the City of Miami Beach,Florida,are so located in relation to each other such that it is advantageous for each to receive and extend mutual aid in the form of law enforcement services and resources; and WHEREAS,the City of Opa-locka and the City of Miami Beach are authorized to enter into a mutual aid agreement pursuant to Section 23.12, Florida Statutes, Florida Mutual Aid Act. 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 Manager and the City Police Chief are hereby authorized to enter into and execute a Voluntary Cooperation and an Operational Assistance Mutual Aid Agreement with the City of Miami Beach, Florida, in substantially form attached hereto, for law enforcement services and resources. PASSED AND ADOPTED THIS day of , 2014. MAYOR VOLUNTARY COOPERATION AND OPERATIONAL ASSISTANCE MUTUAL AID AGREEMENT BETWEEN THE CITY OF OPA LOCKA AND THE CITY OF MIAMI BEACH, FLORIDA This Voluntary Cooperation and Operational Assistance Mutual Aid Agreement ("Cooperation Agreement") is made as of this day of , 2013 (Effective Date), by and between the CITY OF MIAMI BEACH, FLORIDA, a municipal corporation having its principal office at 1700 Convention Center Drive, Miami Beach, Florida 33139, and the City of Opa Locka, having its principal office at 3400 NW 135th Street Opa Loca, FL 33054, state as follows: RECITALS WHEREAS, it is the responsibility of the governments of the City of Opa Locka, and the City of Miami Beach, Florida, 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 City of Opa Locka Police Department or the City of Miami Beach 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 and the City of Miami Beach, 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 of Opa Locka and the City of Miami Beach 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 Voluntary Cooperation and Operational Assistance Mutual Aid Agreement ("Cooperation Agreement") for law enforcement service 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 of Opa Locka and the City of Miami Beach, Florida, 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 investigation 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. 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 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 directors 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. 3 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. LIABILITY Each party engaging in any mutual cooperation and assistance, pursuant to this Cooperation Agreement, agrees to assume full and final responsibility for the acts, omissions or conduct of such party's own employees while engaged in rendering such aid pursuant to this Cooperation Agreement, subject to the provisions of Section 768.28 of the Florida Statutes, where applicable. 4 SECTION VIII. POWERS, PRIVILEGES, IMMUNITIES AND EXPENDITURES (a) Employees of the City of Opa Locka and the City of Miami Beach, 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), 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 appointees/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. (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 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, and reserve 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 of Opa Locka receive reimbursement for expenditures from a third party for a mutual aid event covered by this Cooperation Agreement, the City of Miami Beach 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 City of Miami Beach receive reimbursement for expenditures from a third party for a mutual aid event covered by this Cooperation Agreement, the City of Opa Locka 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. 5 (i) The City of Opa Locka shall notify of, and authorize the City of Miami Beach to pursue any forfeiture matters seized pursuant to the Florida Contraband Forfeiture Act. The City of Miami Beach shall have the exclusive authority to initiate forfeiture proceedings under the Florida Contraband Forfeiture Act for any matters which arise from a mutual aid event that is covered by this Cooperation Agreement. The City of Miami Beach, upon successfully prosecuting a forfeiture action, may share in those proceeds seized by the City of Opa Locka, as acceptable by the Chief of Police for the City of Miami Beach. The City in which any property is seized pursuant to the Florida Contraband Forfeiture Act shall have exclusive authority to initiate forfeiture proceedings under the Florida Contraband Forfeiture Act for any matters which arise from a mutual aid event that is covered by this Cooperation Agreement. Upon a successful forfeiture prosecution, the forfeiting agency shall share the proceeds with the assisting agency in an amount commensurate with that agency's level of participation. SECTION IX. INSURANCE Each party shall provide satisfactory proof of liability insurance by one or more of the means specified in Section 768.28(16)(a) of the Florida Statutes (2010), 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 the insurance coverage, however provided, of any party be canceled 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 X. EFFECTIVE DATE This Agreement shall take effect upon execution and approval by both parties and shall continue in full force and effect until December 31, 2018. 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. In witness whereof, the parties hereto cause to these presents to be signed on the date specified. AGREED TO AND ACKNOWLEDGED this day of , 2013. CITY OF MIAMI BEACH, FLORIDA CITY OF OPA LOCKA, FLORIDA RAYMOND MARTINEZ JEFF KEY POLICE CHIEF POLICE CHIEF Date: Date: 6 JIMMY L. MORALES KELVIN L. BAKER CITY MANAGER CITY MANAGER Date: Date: MAYOR PHILIP LEVINE MAYOR TYRA TAYLOR Date: Date: ATTEST: RAFAEL E. GRANADO, CITY CLERK JOANNA FLORES, CITY CLERK 7 Sponsored by: City Manager Resolution No. 0 5-67 71 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 BEACH, FLORIDA, IN SUBSTANTIALLY THE FORM ATTACHED HERETO, FOR LAW ENFORCEMENT SERVICES AND RESOURCES. WHEREAS, the law enforcement agencies of the City of Opa-locka,Florida and the City of Miami Beach;Florida are so located in relation to each other such that it is advantageous for each to receive and extended mutual aid in the form of law enforcement services and resources; and WHEREAS, the City of Opa-locka and the City of Miami Beach are authorized to enter into a mutual aid agreement pursuant to Section 23.12, Florida Statutes,Florida Mutual Aid Act. 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 Manager is hereby authorized to enter into and execute an Operational Assistance Mutual Aid Agreement with the City of Miami Beach, Florida, in substantially the form attached hereto, for law enforcement services and resources. PASSED AND ADOPTED this 22 day of JUNE , 2005. ITh/at MA OR Resolution No. 05-6771 Attest to: Approved as to form and legal sufficiency: - Air CITY-CLERK C Y ' 0' ai/5/p.5 DA Moved by: COMMISSIONER JOHNSON Second by: VICE MAYOR PINDER Commission Vote: 5-0 Commissioner Holmes: YES Commissioner Tydus: YES Commissioner Johnson: YES Vice-Mayor Pinder: YES Mayor Kelley: YES Resolution/Mutual Aid Agreement with Miami Beach,Florida 02005- MUTUAL AID AGREEMENT Between the Miami Beach Police Department and the City of Opa-Locka Police Department WHEREAS, it is the responsibility of the governments of the City of Miami Beach, Florida, 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 manmade conditions which are, or are 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 Dade County municipalities; and WHEREAS, the participating Dade County municipalities 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 Miami Beach and the City of Opa-Locka, subdivisions of the State of Florida, and the undersigned representatives, in consideration of 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 2. Description: Since the Mutual Aid Agreement provides for the requesting and rendering of assistance for both routine and intensive law enforcement 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. 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 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 City of Miami Beach Police Department or the City of Opa-Locka Police Department. C. Agency Head: Either the Chief of the City of Miami Beach Police Department, or the Chief's designees, and the Chief of Police of the City of Opa-Locka Police Department, or the Chief's designees. D. Participating municipal police department: The police department of any municipality in Dade County, Florida, that has approved and executed this Agreement upon the approval of the governing body of the municipality. E. Certified law enforcement employees: 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 which 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 man power, 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. 2 5. Powers, Privileges, Immunities, and Costs: A. All employees of the participating municipal police department, 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 regularly employed. 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 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 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 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 extraterritorial 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: 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 3 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 the 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 conflict 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, 2006, and under no circumstances may this Agreement be renewed, amended or extended except in writing. 10. Cancellation: This Agreement may be canceled by either party upon sixty (60) days written notice to the other party. Cancellation will be at the discretion of the chief executive officers of the parties hereto. AGREED AND ACKNOWLEDGED this day of , 2005. • J(iRGE M'6ONZALEZ i ity Manager ty Manager City of Miami Beach, FL City of Opa-Locka, FL AT EST: ATT Ct Pan-CIA-- Robert Parcher CITY CLERK CITY CLERK City of Miami Beach, FL City of Opa-Locka, FL APPROVED AS TO FORM AND LANGUAGE AND FOR EXECUTION: Murra H.IID"u'bbin City Attorney Y``1 City Attorney City of Miami Beach, FL City of Opa-Loc ., FL 4 7/zzJos (ore JOINT DECLARATION OF THE CHIEF OF THE CITY OF OPA-LOCKA POLICE DEPARTMENT AND THE CHIEF OF THE CITY OF MIAMI BEACH 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 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, hereto entered into by the City of Opa-Locka, Florida, and the City of Miami Beach, 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. 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. 0P 5 71 Z2Jo5 07.._ OF 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, canine, motorcycle, crime scene, marine patrol enforcement or investigation, and police information. 15. Joint training in areas of mutual need to include, but not limited to, firearms training and qualification; field force; SWAT; ATV; motorcycles; and marine patrol. 16. 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 assistance and no local unit is available or nearby, calls or transmissions indicating an officer is injured, calls indicating a crime of 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. 17. Mutual enforcement of all existing applicable laws and ordinances and exercise of arrest powers within the area comprising the jurisdictional waters within respective municipal boundaries. DATE: 7 ) 20 "r DATE: 6 A S.4 r (04 I I I WI "4"Alsr DO LLD W. De L terW4r i. /iy. Ei Chief of Police Chi:f of Pol. e Miami Beach Poli e Department Opz-Lo - Police Department Miami Beach, Florida City of Opa Jlocka, Florida ATT ST: ATTEST. Ro ert Parcher CITY CLERK CITY CLERK City of Miami Beach, FL City of Opa-Locka,-Florida 6 Sponsored by: City Manager FILE COPY Resolution No. 08 - 7 3 6 5 A RESOLUTION OF THE CITY COMMISSION OF THE CITY IrF OPA-LOCKA, FLORIDA, AUTHORIZING THE CITY MANAGER TO ENTER INTO AND EXECUTE A VOLUNTARY COOPERATION AND OPERATIONAL ASSISTANCE MUTUAL AID AGREEMENT WITH THE CITY OF MIAMI BEACH, FLORIDA FOR LAW ENFORCEMENT SERVICES AND RESOURCES. WHEREAS,the governing bodies of the City of Opa-locka,Florida("City")and the City of Miami Beach,Florida have the responsibility of ensuring 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 law enforcement problems and other natural and man-made conditions occurring which are,or are likely to be,beyond the sole control of the services,personnel,equipment,or facilities of the Opa-locka Police Department or the City of Miami Beach Police Department; 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§252.34, Florida Statues, or requests for certain law enforcement services specified herein and as defined under§23.1225, Florida Statutes; and WHEREAS, the City of Opa-locka and the City of Miami Beach have the authority under the Florida Mutual Aid Act, §23.12-23.127,Florida Statutes,to enter into this voluntary cooperation and assistance Mutual Aid Agreement for law enforcement service which: Resolution No. 0 8-7 3 6 5 (1) Permits voluntary cooperation and operational assistance of a routine law enforcement nature across jurisdictional lines as allowed under§23.1225, Florida Statutes; and (2) Provides for rendering of assistance in a law enforcement emergency as defined in §252.34, Florida Statutes, and WHEREAS,the City Commission of the City of Opa-locka desires to enter into a Voluntary Cooperation and Operational Assistance Mutual Aid Agreement with the City of Miami Beach, for law enforcement services and resources in accordance with the Florida Mutual Aid Act, §23.12- 23.127, Florida Statutes. 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 the City Manager to enter into and execute a Voluntary Cooperation and Operational Assistance Mutual Aid Agreement with the City of Miami Beach, Florida, for law enforcement services and resources in accordance with the Florida Mutual Aid Act, §23.12-23.127, Florida Statutes, in substantially the contract form attached hereto, as approved by the City Attorney. .Section 3. This resolution shall take effect immediately upon adoption. PASSED AND ADOPTED this 8 day of OCTOBER , 2008. EPH . A L■EY MAY e R Resolution No. 0 8-7 3 6 5 Attest:.4/7 Approved as to form and legal sufficiency: Deborah S. Irby Burnadette No : - eeks City Clerk City Atto i•-y Moved by: JOHNSON Seconded by: MILLER Commission Vote: 5-0 Commissioner Tydus: YES Commissioner Holmes: YES Commissioner Miller: YES Vice-Mayor Johnson: YES Mayor Kelley: YES • FILE COPY „1/3 10 8 VOLUNTARY COOPERATION AND OPERATIONAL ASSISTANCE MUTUAL AID AGREEMENT BETWEEN THE CITY OF OPA-LOCKA, FLORIDA AND THE CITY OF MIAMI BEACH, FLORIDA Whereas, it is the responsibility of the governments of the City of Opa-Locka, Florida, and the City of Miami Beach, Florida, 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 City of Miami Beach 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 and the City of Miami Beach; 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 §252.34, Florida Statutes, or requests for certain law enforcement services specified herein and as defined under §23.1225, Fla. Stat.; and WHEREAS, the City of Opa-Locka and the City of Miami Beach have the authority under the Florida Mutual Aid Act, §23.12-23.127, Fla. Stat., to enter into this voluntary cooperation and assistance Mutual Aid Agreement for law enforcement service which: (1) Permits voluntary cooperation and operational assistance of a routine law enforcement nature across jurisdictional lines as allowed under §23.1225, Fla. Stat.; and (2) Provides for rendering of assistance in a law enforcement emergency as defined in §252.34, Fla. Stat., NOW THEREFORE, BE IT KNOWN that the City of Opa-Locka, Florida and the City of Miami Beach, Florida, 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 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, F.S., routine traffic offenses, backup services during patrol activities, and interagency task forces and/or joint investigation. SECTION II: PROVISIONS FOR OPERATIONAL ASSISTANCE The aforesaid law enforcement agencies hereby approve and enter into this 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. 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 directors involved. SECTION III: PROCEDURE FOR REQUESTING ASSISTANCE In the event that a party to this Agreement is in need of assistance as set forth above, the Chief of Police or his/her designee, shall notify the agency director or his/her designee from whom such assistance is requested. The director 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 director 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 be empowered to render enforcement assistance and act in accordance with law. Should enforcement action 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 is not intended to 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. SECTION IV: COMMAND AND SUPERVISORY RESPONSIBILITY The personnel and equipment that are assigned by the assisting director shall be under the immediate command of a supervising officer designated by the assisting director. Such supervising officer shall be under the direct supervision and command of the director or his/her designee of the agency requesting assistance. SECTION V: CONFLICTS Whenever an officer is rendering assistance pursuant to this 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 Agreement, the director 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: LIABILITY Each party engaging in any mutual cooperation and assistance, pursuant to this Agreement, agrees to assume responsibility for the acts, omissions or conduct of such party's own employees while engaged in rendering such aid pursuant to this Agreement, subject to the provisions of Section 768.28, Florida Statutes, where applicable. SECTION VIII: POWERS, PRIVILEGES, IMMUNITIES AND EXPENDITURES (a) Employees of the City of Opa-Locka and the City of Miami Beach, 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), Fla. Stat. (as amended), 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 the 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 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 Agreement shall compensate its appointees/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. (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 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 Mutual Aid Agreement. The provisions of this section shall apply to paid, volunteer, and reserve 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 of Opa-Locka receive reimbursement for expenditures from a third party for a mutual aid event covered by this Agreement, the City of Miami Beach 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. SECTION IX: INSURANCE Each party shall provide satisfactory proof of liability insurance by one or more of the means specified in Section 768.28(16)(a), Florida Statutes (2004), 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 the insurance coverage, however provided, of any party be canceled 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 X: EFFECTIVE DATE This Agreement shall take effect upon execution and approval by both parties and shall continue in full force and effect until December 31, 2013. 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. In witness whereof, the parties hereto cause to these presents to be signed on the date specified. AGREED TO AND ACKNOWLEDGED this /3 'day of vor t7--, 2008. CITY OP� MI JA ,H FLORIDA CITY Op PA-L KA, FLORIDA CARLOS E. NORIEG NA1i138(11013EG RODNEY BALLENTINE POLICE CH 3TIIF3FX EF ` ROIXIEX ACTING POLICE CHIEF Date: I /6 O Date: L1/'f'0`c�; (.,j JORGE M GONZALEZ. J NIE R. BEVERLY CITY MANAGER CITY MANAGER Date: r` 37€ Date: `� A� Q q/deed/di 1' ATYI HERRERrA BOWER O- PH L. KEW MAYOR //�I /c�, MAYOR 1 Date: Date: ATTEST: d AT ST: 114,04 gt ROBERT PARCHER D BORAH S. IRBY CITY CLERK CITY CLERK APPROVED AS TO Approved orm and ega1 suffiency: FORM &LANGUAGE '7/` -FOR EXECUTION BURNADET NORRI -W EKS, P.A. CITY AT1ORNEYA r -x r 1IIf77 1T Date: t ///