HomeMy Public PortalAbout14-8784 City of Sweetwater Sponsored by: City Manager
RESOLUTION NO. 14-8784
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
OPA-LOCKA,AUTHORIZING THE CITY MANAGER AND THE
CHIEF OF THE OPA-LOCKA CITY POLICE DEPARTMENT TO
ENTER INTO AND EXECUTE A VOLUNTARY COOPERATION
AND OPERATIONAL ASSISTANCE MUTUAL AID AGREEMENT
WITH THE CITY OF SWEETWATER FOR LAW
ENFORCEMENT SERVICES AND RESOURCES; PROVIDING
FOR INCORPORATION OF RECITALS; PROVIDING FOR AN
EFFECTIVE DATE
WHEREAS, the City Commission of the City of Opa-locka desires the Opa-locka Police
Department to have adequate support during times of crisis; and
WHEREAS,the City of Opa-locka and the City of Sweetwater will negotiate a Mutual Aid
Agreement; and
WHEREAS,the Mutual Aid Agreement(MAA)between the City of Opa-locka and the City
of Sweetwater will provide for voluntary cooperation and operational assistance for law enforcement
services and resources.
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,Florida,hereby authorizes the
City Manager and the Chief of the Opa-locka City Police Department to enter into and execute a
Voluntary Cooperation and Operational Assistance Mutual Aid Agreement with the City of
Sweetwater for law enforcement services and resources.
Resolution No. 14-8784
Section 3. This Resolution shall take effect immediately upon adoption.
PASSED AND ADOPTED this 9`h day of April, 2014.
MY TAYLOR
MAYOR
Attest to: Approved as to form and legal sufficiency:
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J nna Flores Jos:pal '. Geller
City Clerk G r EEl '.POON MARDER, PA
City Atf.rney
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Moved by: COMMISSIONER HOLMES
Seconded by: COMMISSIONER JOHNSON
Commission Vote: 4-0
Commissioner Holmes: YES
Commissioner Johnson: YES
Commissioner Santiago: YES
Vice-Mayor Kelley: NOT PRESENT
Mayor Taylor: YES
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City of Opa-Locka
Agenda Cover Memo
Commission Meeting 4/9/14 Item Type: Resolution _ Ordinance Other
Date: x
(EnterXin box)
Fiscal Impact: Ordinance Reading: _ 1st Reading 2nd Reading
(EnterXin box) n/a Yes No (EnterXin box)
x Public Hearing: Yes No Yes No
(EnterXin 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#: n/a
(EnterXin 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
Public Safety
Quality of Education EJ
Qual.of Life&City Image CI
_ Communcation
Sponsor Name Department:
City Manager Police
Short Title:
Mutual Aid Agreement between City of Opa-locka and City of Sweetwater.
Staff Summary:
Staff supports entering into agreement.
Proposed Action:
On an as needed basis as defined by the Mutual Aid Agreement.
Attachment:
1. (4) sets of Voluntary Cooperation and Operational Assistance Mutual Aid Agreement between
the City of Opa-locka and the City of Sweetwater were previously sent via interoffice mail on
03/25/14.
2. Draft Resolution
3. Agenda Cover Memo and Interoffice Memorandum
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Memorandum
TO: Mayor Myra L.Taylor
Vice Mayor Joseph L. Kelley
Commissioner Timothy Holmes
Commissioner Dorothy Johnson
Commissioner Luis B. Santiago 7
/
FROM: Kelvin L. Baker, Sr.,City Manager ;)
DATE: March 28, 2014
RE: Mutual Aid Agreement between City of Sweetwater and the City of Opa-locka
Request: APPROVAL OF RESOLUTION AUTHORIZING THE CITY MANAGER
AND CITY POLICE CHIEF TO ENTER INTO AID EXECUTE A
VOLUNTARY COOPERATION AND OPERATIONAL ASSISTANCE
MUTUAL AID AGREEMENT BETWEEN CITY OF SWEETWATER
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: N/A
Analysis: Mutually beneficial support during times of crisis.
Recommendation(s): Staff Recommends Approval
Attachment(s): Voluntary Cooperation and Operational Assistance Mutual Aid Agreement
between the City of Opalocka and the City of Sweetwater,Florida
Prepared by: Latrice Walden, Police Department
End of Memorandum
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Sponsored by: City Manager
Resolution No.
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA,
FLORIDA AUTHORIZING THE CITY MANAGER TO ENTER INTO AN
EXECUTE AN OPERATIONAL ASSISTANCE MUTUAL AID AGREEMENT
WITH THE CITY OF SWEETWATER, 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
Sweetwater, Florida, are so located in relation to each other such that it is advantageous for each to
received and extend mutual aid in the form of law enforcement services and resources; and
WHEREAS, the City of Opa-Locka and the City of Sweetwater 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 North Miami, Florida, in substantially the form
attached hereto,for law enforcement services and resources.
PASSED AND ADOPTED this day of , 2011.
MAYOR
Mutual Aid Agreement City of North Miami
Resolution No.
Attest to: Approved as to form and legal sufficiency.
CITY CLERK CITY ATTORNEY
DATE
Moved by:
Second by:
Commission Vote:
Commissioner Johnson:
Commissioner Holmes:
Commissioner Santiago:
Vice-Mayor Kelley:
Mayor Taylor
Mutual Aid Agreement City of North Miami
COMBINED VOLUNTARY COOPERATION AND
OPERATIONAL ASSISTANCE
MUTUAL AID AGREEMENT
BETWEEN
THE CITY OF SWEETWATER, FLORIDA AND
THE CITY OF OPA-LOCKA, FLORIDA
This Voluntary Cooperation and Operational Assistance Mutual Aid Agreement is made as
of this day of , 20 , by and between the CITY OF
SWEETWATER, FLORIDA, a Florida municipal corporation, having its principal office at
500 Southwest 109th Avenue Sweetwater, Florida 33174, and the CITY OF OPA-LOCKA,
FLORIDA, a Florida municipal corporation having its principal office at 3400 Northwest
135th Street Bldg. B Opa-Locka, Florida 33054 and states as follows:
WHEREAS, it is the responsibility of the governments of the City of Sweetwater,
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, there is an 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 Sweetwater Police Department or the City of Opa-Locka Police Department;
and
WHEREAS, it is in the best interest and advantage of the City of Opa-Locka and
the City of Sweetwater to receive and extend mutual aid to each other in the form of law
enforcement services and resources to adequately respond to:
(1) Continuing, multi-jurisdictional criminal activity, 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, natural or manmade
disasters or emergencies as defined under Section 252.34, Florida Statutes;
and
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(3) Joint provision of certain law enforcement services specified herein and
allowed pursuant to Florida Statute 166.0495; and
WHEREAS, the City of Opa-Locka and the City of Sweetwater have the authority
under The Mutual Aid Act, Chapter 23, Part I, Florida Statutes, to enter into a combined
mutual aid agreement for law enforcement services which:
(1) Permits voluntary cooperation and assistance of a routine law enforcement
nature across jurisdictional lines; and
(2) Provides for rendering of assistance in a law enforcement emergency.
NOW, THEREFORE, BE IT KNOWN, that the City of Opa-Locka, a political
subdivision of the State of Florida, and the City of Sweetwater, a political subdivision of
the State of 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 provide voluntary cooperation and
assistance of a routine law enforcement nature across jurisdictional lines. The nature of
the law enforcement assistance to be rendered shall include but not be limited to:
a. Concurrent law enforcement jurisdiction in and throughout the territorial
limits of the City of Opa-Locka and the City of Sweetwater for arrests, made
pursuant to the laws of arrest, for felonies and misdemeanors, including
arrestable traffic offenses, which spontaneously take place in the presence
of the arresting officer, at such times as the arresting officer is traveling from
place to place on official business outside of his or her jurisdiction, for
example, to or from court, or at any time when the officer is within the
territorial limits of his or her jurisdiction.
b. Concurrent law enforcement jurisdiction in and throughout the territorial
limits of the City of Opa-Locka and the City of Sweetwater for arrests, made
pursuant to the laws of arrest, of persons identified as a result of
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investigations of any offense constituting a felony or any act of Domestic
Violence as defined in Section 74128, Florida Statutes, when such offense
occurred in the municipality employing the arresting officer.
c. Concurrent law enforcement jurisdiction in and upon the jurisdictional waters
of the City of Opa-Locka and the City of Sweetwater for arrests, made
pursuant to the laws of arrest, for felonies and misdemeanors and boating
infractions.
d. Participating in exigent situations, without the need for a formal request,
including, but not limited to, area searches for wanted subjects, perimeters,
crimes in progress, escaped prisoners, traffic stops near municipal
boundaries, requests for assistance when no available local units are
nearby, 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.
e. Concurrent law enforcement jurisdiction in and throughout the territorial
limits of the City of Opa-Locka and the City of Sweetwater for investigations
of homicides, sex offenses, robberies, assaults, batteries, burglaries,
larcenies, gambling, motor vehicle thefts, drug violations pursuant to Chapter
893, Florida Statutes, and inter-agency task forces and/or joint
investigations.
Prior to any officer taking enforcement action pursuant to paragraphs (a) through
(e) above, the officer shall notify the jurisdiction in which the action will be taken, unless
exigent circumstances prevent such prior notification, in which case notification shall be
made as soon after the action as practicable. If the agency having normal jurisdiction
responds to the scene the assisting agency's officer may 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.
These provisions are 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
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citizens, or secure apprehension of criminals whom the law enforcement officer may
encounter.
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, technological or manmade 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,
marine patrol, aircraft, canine, motorcycle, bicycle, mounted, SWAT, bomb,
crime scene and police information.
14. Emergency situations in which one agency cannot perform its functional
objective.
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15. Joint training in areas of mutual need.
16. Joint multi-jurisdictional marine interdiction operations.
17. Off-duty special events.
18. DUI Checkpoints.
SECTION III: PROCEDURE FOR REQUESTING OPERATIONAL ASSISTANCE
1. Mutual aid requested or rendered will be approved by the Chief of Police, or
designee. The Chief of Police, or designee, of the agency 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.
2. 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.
3. Specific reporting instructions for personnel rendering mutual aid will be
included in the request for mutual aid. In the absence of such reporting instructions,
personnel will report to the ranking on-duty supervisor on the scene.
4. Communications instructions should 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.
5. Incidents requiring mass processing of arrestees, transporting prisoners, and
operating temporary detention facilities will be handled per established procedures of the
requesting agency or Chief of Police involved.
SECTION IV: COMMAND AND SUPERVISORY RESPONSIBILITY
a. COMMAND:
The personnel and equipment that are assigned by the assisting Chief of Police
shall be under the immediate command of a supervising officer designated by the
assisting Chief of Police. 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.
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b. 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 standing 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.
c. 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 Chief of Police or his/her
designee of the agency employing the officer who is the subject of the complaint shall be
responsible for the investigation of the complaint. The Chief of Police or designee of the
requesting agency should ascertain at a minimum:
1. The identity of the complainant;
2. An address where the complaining party can be contacted;
3. The specific allegation; and
4. The identity of the employees accused without regard as to agency
affiliation.
If it is determined during the investigation of a complaint 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 V: 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
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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 VI: POWERS, PRIVILEGES, IMMUNITIES AND COSTS
a. Employees of the City of Opa-Locka and the City of Sweetwater 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 this 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. The political subdivision 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 political subdivision furnishing aid pursuant to this agreement shall
compensate its employees during the time of the rendering of aid and shall defray(provide
for the payment of) the actual travel and maintenance expenses of its employees while
they are rendering aid, including any amounts paid or due for compensation for personal
injury or death while its employees are rendering aid.
e. The privileges and immunities from liability, exemption from laws, ordinances
and rules, and pension, insurance, relief, disability, workers' 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.
This section applies to paid, volunteer, reserve and auxiliary employees.
f. Nothing herein shall prevent the requesting agency from requesting
supplemental appropriations from the governing authority having budgeting jurisdiction to
reimburse the assisting agency for any actual costs or expenses incurred by the assisting
agency performing hereunder.
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SECTION.VII: FORFEITURES
a. In the event an 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 equally between the parties, less the
costs associated with the forfeiture action.
SECTION VIII: INSURANCE
Each political subdivision shall provide, upon request, satisfactory proof of liability
insurance by one or more of the means specified in Section 768.28, Florida Statutes, in an
amount which is, in the judgment of the governing body of that political subdivision, 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 the notice or actual knowledge of such change.
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 November 1, 2018. Under
no circumstances may this agreement be renewed, amended or extended except in
writing.
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SECTION X: CANCELLATION
Either party may cancel its participation in this agreement upon delivery of written
notice to the other political subdivision. Cancellation will be at the discretion of any political
subdivision to this mutual aid agreement.
IN WITNESS WHEREOF, the parties hereto cause to these presents to be signed
on the date first written above.
AGREED AND ACKNOWLEDGED this day of , 20_.
dol
JOS M. IAZ ` KELVIN L. BAKER
May. City Manager
City of Sweetwater City of Opa-Locka
Date: Date:
ATTEST: ATTEST:
hi
MARIE O. SCH a T JOANNA FLORES
City Clerk l tr City Clerk
City of Sweetwater ' ""
tY City of Opa-Locka
APPRO AS * FORM AND APPROVED AS TO FORM AND
LE AL SU Fl• CY: LEGAL SUFFICIENCY:
RALP VENT - JOSEPH S. GELLER
City Attorney City Attorney
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SO ' CAL JE R . `?2!'
Chief of Police Chie . -olice
City of Sweetw- - City of Opa-Locka
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