HomeMy Public PortalAbout14-8865 Mutual Aid Agreement e/the Miami Dade School BoardSponsored by: City Manager
RESOLUTION NO. 14 -8865
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF OPA- LOCKA, FLORIDA, 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 BETWEEN THE
CITY OF OPA- LOCKA, THE CITY OF OPA -LOCKA POLICE
DEPARTMENT, THE SCHOOL BOARD OF MIAMI -DADE
COUNTY, FLORIDA, AND THE MIAMI -DADE SCHOOLS
POLICE DEPARTMENT FOR LAW ENFORCEMENT SERVICES
AND RESOURCES; PROVIDING FOR INCORPORATION OF
RECITALS; PROVIDING FOR AN EFFECTIVE DATE
WHEREAS, the law enforcement agencies of the City of Opa -locka Police Department,
and the Miami -Dade Schools Police Department are in close proximity 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 Commission of the City of Opa- locka, Florida authorizes the City
Manager and the Chief of the Opa -locka City Police Department to enter into a Mutual Aid
Agreement with the Miami -Dade Schools Police Department, pursuant to Section 23.12, Florida
Statutes, the 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 above 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
Resolution No. 14 -8856
Voluntary Cooperation and Operational Assistance Mutual Aid Agreement with the Miami -Dade
Schools Police Department, in substantially the form attached hereto, for law enforcement services
and resources.
Section 3. This Resolution shall take effect immediately upon adoption.
PASSED AND ADOPTED this 22nd day of October, 2014.
�(4YTiA T YLOR
MAYOR
Attest to:
." -Y"
anna Flores
City Clerk
Approved as to form and legal sufficiency:
0 C'
Joseph S. Gelle John Dellagloria
GREENSPOON ARDER,PA
City Attorney
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
[fP t0[�•
�fTIC I1'L Y,
City of Opa -Locka
Agenda Cover Memo
Commission Meeting
Item Type:
Resolution
Ordinance
Other
Date:
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Fiscal Impact:
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Ordinance Reading:
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1st Reading
2nd Reading
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Public Hearing:
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Funding Source:
(Enter Fund & Dept)
Advertising Requirement:
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No
(Enter Acct No.)
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ITEM BUDGETED:
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Contract /P.O. Required:
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RFP /RFQ /Bid #:
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Strategic Plan Related
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Strategic Plan Priority Area:
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specific objective /strategy this item will address)
Enhance Organizational p
Bus. & Economic Dev [�
Public Safety p
Quality of Education O
Qual. of Life & City Image p
Communcation O
Sponsor Name
Department:
Short Title:
Mutual Aid Agreement between City of Opa -locka and Miami -Dade Schools Police Department.
Staff supports entering into agreement.
Staff Summary:
Proposed Action:
On an as needed basis as defined by the Mutual Aid Agreement.
Attachment:
1. 2003 -2008 Executed Mutual Aid Agreement between the City of Opa -locka and the School Board of Miami -Dade
County, Florida, Miami -Dade Schools Police Department and Opa -locka Resolution 03 -6483
2. 2008 -2015 Executed Mutual Aid Agreement between the City of Opa -locka and the the School Board of Miami -Dade
County, Florida, Miami -Dade Schools Police Department and Opa -locka Resolution 08 -7390
1 2015 -2020 Proposed Mutual Aid Agreement between the City of Opa -locka and the the School Board of Miami -Dade
County, Florida, Miami -Dade Schools Police Department
4. Draft Mutual Aid Agreement Resolution
5_ Agenda Cover Memo
6. Interoffice Memorandum
*�77'1_1.
'
Memorandum
TO: Mayor Myra L. Taylor
Vice Mayor Joseph L. Kelley
Commissioner Ti othy Ho'Imes
Commissioner Do thy J h son
Commissioner Luis ti o
FROM: Kelvin L. Baker, Sr., City Mana r
DATE: October 14, 2014
RE: Mutual Aid Agreement with the Miami -Dade Schools Police Department
Request: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA- LOCKA,
FLORIDA, AUTHORIZING THE CITY MANAGER AND CITY POLICE CHIEF TO ENTER
INTO AND EXECUTE A VOLUNTARY COOPERATION AND OPERATIONAL ASSISTANCE
MUTUAL AID AGREEMENT BETWEEN THE CITY OF OPA- LOCKA, THE CITY OF OPA-
LOCKA POLICE DEPARTMENT AND THE SCHOOL BOARD OF MIAMI -DADE COUNTY,
FLORIDA, MIAMI -DADE SCHOOLS POLICE DEPARTMENT IN SUBSTANTIALLY THE
FORM ATTACHED HERETO, FOR LAW ENFORCEMENT SERVICES AND RESOURCES.
Description: Mutual aid agreement.
Account Number: N/A
Financial Impact: N/A
Implementation Time Line: Effective upon all parties executing agreement.
Legislative History: Opa -locks Resolutions: 03 -6483 and 08 -7390
Analysis: Mutually beneficial support during times of crisis.
Recommendation (s): Staff Recommends Approval.
Attachments:
1 2003 -2008 Executed Mutual Aid Agreement between the City of Opa -locka and the School Board of
Miami -Dade County, Florida, Miami -Dade Schools Police Department and Opa -locka Resolution 03 -6483
2 2008 -2015 Executed Mutual Aid Agreement between the City of Opa -locka and the School Board of
Miami -Dade County, Florida, Miami -Dade Schools Police Department and Opa -locka Resolution 08 -7390
3 2015 -2020 Proposed Mutual Aid Agreement between the City of Opa -locka and the School Board of Miami -
Dade County, Florida, Miami -Dade Schools Police Department
4 Draft Mutual Aid Agreement Resolution
5 Agenda Cover Memo
6 Interoffice Memorandum
Prepared by: Clancy Huckleberry
End of Memorandum
Sponsored by: City Manager
Resolution No.
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA- LOCKA,
FLORIDA, AUTHORIZING THE CITY MANAGER AND CITY POLICE CHIEF TO
ENTER INTO AND EXECUTE A VOLUNTARY COOPERATION AND
OPERATIONAL ASSISTANCE MUTUAL AID AGREEMENT BETWEEN THE
CITY OF OPA- LOCKA, THE CITY OF OPA -LOCKA POLICE DEPARTMENT
AND THE SCHOOL BOARD OF MIAMI -DADE COUNTY, FLORIDA, MIAMI -
DADE SCHOOLS POLICE DEPARTMENT IN SUBSTANTIALLY THE FORM
ATTACHED HERETO, FOR LAW ENFORCEMENT SERVICES AND
RESOURCES, AND
WHEREAS, the law enforcement agencies of the City of Opa- locka, Florida and the City of Opa-
locka Police Department and School Board of Miami -Dade County, Florida, Miami -Dade Schools Police
Department in Miami -Dade County, 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 Opa -locka Police Department and the School
Board of Miami -Dade County, Florida, Miami -Dade Schools Police Department 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
School Board of Miami -Dade County, Florida, Miami -Dade Schools Police Department, in Miami -Dade
County, Florida, in substantially the form attached hereto, for law enforcement services and resources.
PASSED AND ADOPTED this day of , 201_
MAYOR
A LAW ENFORCEMENT MUTUAL AID AGREEMENT FOR VOLUNTARY
COOPERATION AND OPERATIONAL ASSISTANCE BETWEEN
THE CITY OF OPA- LOCKA, THE CITY OF OPA -LOCKA POLICE DEPARTMENT
AND THE SCHOOL BOARD OF MIAMI -DADE COUNTY, FLORIDA MIAMI -DADE
SCHOOLS POLICE DEPARTMENT
This Mutual Aid Agreement is entered into by and between The City of Opa -locks
on behalf of The City of Opa -locka Police Department and The School Board of Miami -
Dade County, Florida by and through The School Police, a political subdivision of the
State of Florida hereinafter referred to as the Miami -Dade Schools Police Department.
WHEREAS, the jurisdictions of the City of Opa -locks Police Department and the
Miami -Dade County School 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: (1) intensive situations including but
not limited to emergencies as defined under Section 252.34(3), F.S., and (2) continuing,
multi - jurisdictional law enforcement problems of a routine law enforcement nature, so as
to protect the public peace and safety, and preserve the lives and property of the
people; and
WHEREAS the City of Opa -locks Police Department and the Miami -Dade
Schools Police Department have the authority under Part I of Chapter 23, F.S., the
Florida Mutual Aid Act, to: (1) enter into a requested operational assistance Agreement
for the purpose of requesting and rendering of assistance in law enforcement intensive
situations and emergencies, and (2) enter into a voluntary cooperation Agreement of a
routine law enforcement nature that crosses jurisdictional lines;
WHEREAS the City of Opa -locka Police Department and the Miami -Dade
Schools Police Department intend this Agreement to be the underlying and governing
Agreement in all future Memorandum of Understanding's entered into by both parties;
NOW, THEREFORE, the parties agree as follows:
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 civil
disturbances, large protest demonstrations, aircraft disasters, fires, natural or manmade
disasters, sporting events, concerts, parades, escapes from detention facilities, and
incidents requiring utilization of specialized units. A deputy sheriff or police officer of
either of the participating law enforcement agencies shall be considered to be operating
under the provision of this 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. However the only time an officer will work outside of their jurisdiction is if
1
mutual aid is preplanned or invoked and the officer is working and being compensated
by the department. All off duty events outside of our jurisdiction will have mutual aid
invoked and reimbursed by the requesting agency.
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.
II. PROVISIONS FOR VOLUNTARY COOPERATION
In addition, each of the aforesaid law enforcement agencies hereby approves
and enters into this Agreement whereby each may request and render law enforcement
assistance to the other in dealing with any violation of Florida Statutes to include, but
not limited to, investigating sexual misconduct, robberies, assaults, burglaries,
larcenies, gambling, motor vehicle thefts, drug violations pursuant to Chapter 893, F.S.,
accidents involving motor vehicles, and violations of the Florida Uniform Traffic Control
Law, providing backup services during patrol activities, and participating in inter - agency
task forces and /or joint investigations.
III. POLICY AND PROCEDURE
A. If a party to this Agreement needs assistance as set forth above, it shall notify the
agency head or designee of the agency from which such assistance is required. The
agency head or designee shall evaluate the situation and the agency's available
resources, consult with his or her supervisors if necessary and respond in a manner
deemed appropriate. The agency head's or designee's decision in this regard shall
be final.
B. Immediate Response for Assistance — In the event of a 315 (Emergency- Assist
Other Officer) Dispatch call, officers may respond to assist and provide necessary
law enforcement actions unless a supervisor from the responding agency cancels
the response.
C. 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 at the scene.
D. 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.
E. Incidents requiring mass processing of arrestees, transporting prisoners, and
operating temporary detention facilities will be handled per established procedures
of the requesting agency or the Chief of Police that is involved.
F1
IV. COMMAND AND SUPERVISORY RESPONSIBILITY
A. The resources or facilities that are assigned by the assisting agency shall be under
the immediate command of a supervising officer designated by the assisting agency
head or designee. Such supervising officer shall be under the direct supervision and
command of the agency head or designee of the agency requesting assistance.
B. 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 or her own employer.
C. 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 or
her designee of the agency employing the officer who is subject to the complaint
shall be responsible for the investigation of the complaint. The Chief of Police or
designee of the requesting agency should ascertain as a minimum: 1) the identity of
the complainant; 2) an address where the complaining party can be contacted; 3)
the specific allegations; and 4) the identity of the employees accused without regard
as to the 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.
V. AUTHORITY, PRIVILEGES, IMMUNITIES, AND COSTS
A. Authority of law enforcement officers operating pursuant to this Agreement-
1 Members of the City of Opa -locks Police Department actually engaging in
mutual cooperation and assistance outside of the jurisdictional limits of
their agency under the terms of this Agreement, shall, pursuant to the
provisions of Section 23.127, F.S. have the same powers, duties, rights,
responsibilities, privileges and immunities as if they were performing their
duties in the jurisdiction in which they are normally employed.
2 Members of the Miami -Dade Schools Police Department actually
engaging in mutual cooperation and assistance outside of the jurisdictional
limits of their agency under the terms of this Agreement, shall, pursuant to
the provisions of Section 23.127, F.S. have the same powers, duties,
rights, responsibilities, privileges and immunities as if they were
performing their duties in the jurisdiction in which they are normally
employed.
3
3 If a violation of Florida Statutes occurs in the presence of said officers
representing their respective agencies in furtherance of this Agreement,
they shall be empowered to take appropriate enforcement action
including, but not limited to, arrest or citation of the suspect(s).
4 If a felony, misdemeanor, criminal traffic, or other violations of law occurs
in the presence of an officer of the City of Opa -locka Police Department,
and within the jurisdiction of the Miami -Dade County School, said officer
shall be empowered to take appropriate enforcement action including, but
not limited to, arrest or citation of the suspect(s).
5 If a felony, misdemeanor, or criminal traffic violation occurs in the
presence of an officer of the Miami -Dade County School, while outside his
or her jurisdiction but within the City of Opa -locka Police Department
jurisdiction, said officer shall be empowered to take appropriate action
including, but not limited to, arrest or citation of a suspect, if the officer is
engaged in a close and continuous pursuit or has been
contemporaneously requested to render aid or assistance by a City of
Opa -locks Police Department officer.
6 If an officer of the Miami -Dade Schools Police Department is investigating
a felony which has occurred within his or her jurisdiction and has probable
cause to arrest a suspect for a felony and the suspect is now located
outside the officer's jurisdiction, but within the City of Opa -locka Police
Department jurisdiction, the officer shall request a City of Opa -locka Police
Department officer for assistance.
7 If a City of Opa -locka Police Department officer is investigating a felony
which has occurred within his or her jurisdiction and has probable cause to
arrest a suspect for a felony and the suspect is now located outside the
officer's jurisdiction, but within the jurisdiction of the Miami -Dade County
School, the officer shall request a Miami -Dade County School Police
officer for assistance.
8 Nothing shall prevent an officer of the City of Opa -locka Police
Department from stopping and detaining a person who commits an
observed motor vehicle violation or misdemeanor on the City of Opa -locka
Police Department property for the purpose of issuing a citation or
summons if the suspect is stopped immediately upon exiting the campus.
If a custodial arrest off campus grounds is required and is within the
Miami -Dade County School, the Miami -Dade Schools Police Department
shall be contacted as soon as possible for assistance.
4
B. Each party agrees to furnish necessary equipment, resources and facilities, and to
render services to the other as set forth above, however, no party shall be required
to deplete unreasonably its own equipment, resources, facilities, and services in
furnishing mutual aid.
C. The agency furnishing any equipment pursuant to this Agreement shall bear the loss
or damage to such equipment and shall pay any expenses incurred in the operation
and maintenance thereof.
D. The agency furnishing aid pursuant to this Agreement shall compensate its
employees during the time such aid is rendered and shall defray the actual travel
maintenance expenses of such employees while they are rendering such aid,
including any amounts paid or due for compensation due to personal injury or death
while such employees are engaged in rendering such aid. The requesting agency
may reimburse the assisting agency during the time of the rendering of such aid and
may defray the actual travel and maintenance expenses of such employees while
they are rendering such aid, including any amounts paid or due for compensation as
a result of personal injury or death while such employees are rendering such aid as
pertains to Section I of this Agreement.
E. All provision and immunities from liability, exemption from laws, 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 or any such agency when performing their respective functions within the
territorial limits of their respective public agency shall apply to them to the same
degree, manner, and extent while engaged in the performance of any of their
functions and duties extra - territorially under the provisions of this mutual aid
Agreement. The provisions of this section shall apply with equal effect to paid,
volunteer, and reserve employees.
VI. INDEMNIFICATION
To the fullest extent permitted by the law, each party engaging in any mutual
cooperation and assistance pursuant to this Agreement, shall indemnify and hold
harmless the other participating party, and its appointees or employees ( "Indemnitees ")
from and against all claims, liabilities, damages, losses, and costs including, but not
limited to, reasonable costs at the pre - trial, trial and appellate levels, arising out of,
resulting from or incidental to the other participating party's performance under this
Agreement or to the extent caused by negligence, recklessness, or intentional wrongful
conduct of the participating party or other persons employed or utilized by the
participating party in the performance of this Agreement. Subject to the provisions set
forth in Florida Statute Section 768.28, as amended and revised, neither party shall be
liable to pay a claim or judgment by any one person which exceeds the sum of
$200,000, or any claim or judgments or portions thereof, which when totaled with all
other claims or judgments paid by the state or its agencies or subdivisions arising out of
the same incident or occurrence, exceeds the sum of $300,000. The remedy provided
5
to the Indemnitees by this indemnification shall be in addition to and not in lieu of any
other remedy available under the Agreement or otherwise. This indemnification
obligation shall not be diminished or limited in any way to any insurance maintained
pursuant to the Agreement otherwise available to the other participating party. The
remedy provided to the Indemnitees by this indemnification shall survive this
Agreement. The provisions of this Section shall specifically survive the termination of
this Agreement. The provisions of this Section are intended to require both parties to
furnish the greatest amount of indemnification allowed under Florida law. To the extent
any indemnification requirement contained in this Agreement is deemed to be in
violation of any law, that provision shall be deemed modified so that both parties shall
be required to furnish the greatest level of indemnification to the Indemnitees as was
intended by the parties hereto.
VII. FORFEITURES
It is recognized that, during the course of the operation of this Agreement,
property subject to forfeiture under Sections 932.701- 932.707, Florida Statutes (the
Florida Contraband Forfeiture Act) 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 pursuant to the
Florida Contraband Forfeiture Act less the costs associated with the forfeiture action.
The participating agencies must request sharing, in writing, before the entry of a Final
Order of Forfeiture, or they will be barred from claiming any portion of the property
forfeited. The agency pursuing the forfeiture action shall have the exclusive right to
control and the responsibility to maintain the property, including, but not limited to, the
complete discretion to bring the action, or to dismiss the action, or settlement. This
shall occur pursuant to the Florida Contraband Forfeiture Act.
VIII. SCHOOL CRITICAL INCIDENT RESPONSE PLAN
It is recognized that, during the course of the operation of this Agreement, should
a critical incident arise, the parties shall adopt the Miami -Dade County School Critical
Incident Response Plan, Joint Roundtable on Youth Safety, dated August 13, 2013.
This plan promotes cooperation, consistency and a cohesive unified response by law
enforcement and emergency service personnel within Miami -Dade County with an
intended purpose to successfully resolve a school crisis and prevent injury or loss of life.
IX. INSURANCE
Each party shall maintain insurance coverage or maintain an ongoing self -
insurance program in sufficient amounts for the performance of this Agreement
including public liability, automobile liability, police professional liability and workers'
compensation. If requested, each party shall provide satisfactory proof of the required
insurance or ongoing self- insurance program.
X. CONCURRENT JURISDICTION
Should a sworn 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.
XI. 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 five (5) years from the
effective date of this Agreement unless terminated prior thereto by any or all of the
parties herein. Under no circumstances may this Agreement be renewed, amended, or
extended except in writing and executed by both parties.
XII. CANCELLATION
This Agreement may be canceled by either party upon delivery or written notice
to the other party and such Agreement shall be terminated thirty (30) days after receipt
of this notice. Any notice required or permitted under this Agreement, including any
notice of cancellation or termination, shall be effective when personally delivered or sent
by first -class mail, return receipt requested as follows:
FOR THE CITY OF OPA -LOCKA POLICE DEPARTMENT:
Jeffrey Key, Chief of Police
Opa -locka Police Department
2495 Ali Baba Avenue
Opa- locks, Florida 33054
With a copy to:
Kelvin L. Baker, Sr., City Manager
City of Opa -locka
3400 N.W. 135" Street, Building B
Opa- locka, Florida 33054
rA
AS TO THE SCHOOL BOARD:
The School Board of Miami -Dade County, Florida
Attn: Alberto M. Carvalho, Superintendent
1450 N.E. Second Avenue, Suite 912
Miami, Florida 33132
With a copy to:
The Miami Dade County School Police Department
Attn: Chief Ian Moffett
Address: 6100 NW 2nd Avenue
Miami, FI 33127
And a copy to:
The School Board of Miami -Dade County, Florida
Attn: Walter J. Harvey, School Board Attorney
1450 N.E. Second Avenue, Suite 430
Miami, Florida 33132
Miami -Dade Schools Police Department
N
WHEREFORE, the parties hereto cause these Agreements to be signed on the
day of , 20_.
APPROVED AS TO FORM AND LEGAL SUFFICIENCY
(as to the School Board):
School Board Attorney - Signature
SUBMITTED BY:
Chief Ian Moffett
Date
Risk Management Signature Date
THE SCHOOL BOARD OF MIAMI -DADE COUNTY,
FLORIDA
BY:
Signature
(Superintendent of Schools or Designee)
Date:
BY:
(Name Typed)
THE CITY OF OPA -LOCKA AND
THE CITY OF OPA -LOCKA POLICE DEPARTMENT
Signature
Name:
Address:
F.E.I.N. (If organization)
School Board Employee: Yes ❑ No ❑
M -DCPS Employee No.
wt
A LAW ENFORCEMENT MUTUAL AID AGREEMENT FOR VOLUNTARY
COOPERATION AND OPERATIONAL ASSISTANCE BETWEEN
THE CITY OF OPA- LOCKA, THE CITY OF OPA -LOCKA POLICE DEPARTMENT
AND THE SCHOOL BOARD OF MIAMI -DADE COUNTY, FLORIDA MIAMI -DADE
SCHOOLS POLICE DEPARTMENT
This Mutual Aid Agreement is entered into by and between The City of Opa -locka
on behalf of The City of Opa -locka Police Department and The School Board of Miami -
Dade County, Florida by and through The School Police, a political subdivision of the
State of Florida hereinafter referred to as the Miami -Dade Schools Police Department.
WHEREAS, the jurisdictions of the City of Opa -locka Police Department and the
Miami -Dade County School 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: (1) intensive situations including but
not limited to emergencies as defined under Section 252.34(3), F.S., and (2) continuing,
multi - jurisdictional law enforcement problems of a routine law enforcement nature, so as
to protect the public peace and safety, and preserve the lives and property of the
people; and
WHEREAS the City of Opa -locka Police Department and the Miami -Dade
Schools Police Department have the authority under Part I of Chapter 23, F.S., the
Florida Mutual Aid Act, to: (1) enter into a requested operational assistance Agreement
for the purpose of requesting and rendering of assistance in law enforcement intensive
situations and emergencies, and (2) enter into a voluntary cooperation Agreement of a
routine law enforcement nature that crosses jurisdictional lines;
WHEREAS the City of Opa -locka Police Department and the Miami -Dade
Schools Police Department intend this Agreement to be the underlying and governing
Agreement in all future Memorandum of Understanding's entered into by both parties;
NOW, THEREFORE, the parties agree as follows:
I. 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 civil
disturbances, large protest demonstrations, aircraft disasters, fires, natural or manmade
disasters, sporting events, concerts, parades, escapes from detention facilities, and
incidents requiring utilization of specialized units. A deputy sheriff or police officer of
either of the participating law enforcement agencies shall be considered to be operating
under the provision of this 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. However the only time an officer will work outside of their jurisdiction is if
mutual aid is preplanned or invoked and the officer is working and being compensated
by the department. All off duty events outside of our jurisdiction will have mutual aid
invoked and reimbursed by the requesting agency.
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.
II. PROVISIONS FOR VOLUNTARY COOPERATION
In addition, each of the aforesaid law enforcement agencies hereby approves
and enters into this Agreement whereby each may request and render law enforcement
assistance to the other in dealing with any violation of Florida Statutes to include, but
not limited to, investigating sexual misconduct, robberies, assaults, burglaries,
larcenies, gambling, motor vehicle thefts, drug violations pursuant to Chapter 893, F.S.,
accidents involving motor vehicles, and violations of the Florida Uniform Traffic Control
Law, providing backup services during patrol activities, and participating in inter- agency
task forces and/or joint investigations.
POLICY AND PROCEDURE
A. If a party to this Agreement needs assistance as set forth above, it shall notify the
agency head or designee of the agency from which such assistance is required. The
agency head or designee shall evaluate the situation and the agency's available
resources, consult with his or her supervisors if necessary and respond in a manner
deemed appropriate. The agency head's or designee's decision in this regard shall
be final.
B. Immediate Response for Assistance — In the event of a 315 (Emergency- Assist
Other Officer) Dispatch call, officers may respond to assist and provide necessary
law enforcement actions unless a supervisor from the responding agency cancels
the response.
C. 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 at the scene.
D. 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.
E. Incidents requiring mass processing of arrestees, transporting prisoners, and
operating temporary detention facilities will be handled per established procedures
of the requesting agency or the Chief of Police that is involved.
IV. COMMAND AND SUPERVISORY RESPONSIBILITY
A. The resources or facilities that are assigned by the assisting agency shall be under
the immediate command of a supervising officer designated by the assisting agency
head or designee. Such supervising officer shall be under the direct supervision and
command of the agency head or designee of the agency requesting assistance.
B. 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 or her own employer.
C. 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 or
her designee of the agency employing the officer who is subject to the complaint
shall be responsible for the investigation of the complaint. The Chief of Police or
designee of the requesting agency should ascertain as a minimum: 1) the identity of
the complainant; 2) an address where the complaining party can be contacted; 3)
the specific allegations; and 4) the identity of the employees accused without regard
as to the 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.
V. AUTHORITY, PRIVILEGES, IMMUNITIES, AND COSTS
A. Authority of law enforcement officers operating pursuant to this Agreement:
Members of the City of Opa -locka Police Department actually engaging in
mutual cooperation and assistance outside of the jurisdictional limits of
their agency under the terms of this Agreement, shall, pursuant to the
provisions of Section 23.127, F.S. have the same powers, duties, rights,
responsibilities, privileges and immunities as if they were performing their
duties in the jurisdiction in which they are normally employed.
2 Members of the Miami -Dade Schools Police Department actually
engaging in mutual cooperation and assistance outside of the jurisdictional
limits of their agency under the terms of this Agreement, shall, pursuant to
the provisions of Section 23.127, F.S. have the same powers, duties,
rights, responsibilities, privileges and immunities as if they were
performing their duties in the jurisdiction in which they are normally
employed.
3 If a violation of Florida Statutes occurs in the presence of said officers
representing their respective agencies in furtherance of this Agreement,
they shall be empowered to take appropriate enforcement action
including, but not limited to, arrest or citation of the suspect(s).
4 If a felony, misdemeanor, criminal traffic, or other violations of law occurs
in the presence of an officer of the City of Opa -iocka Police Department,
and within the jurisdiction of the Miami -Dade County School, said officer
shall be empowered to take appropriate enforcement action including, but
not limited to, arrest or citation of the suspect(s).
5 If a felony, misdemeanor, or criminal traffic violation occurs in the
presence of an officer of the Miami -Dade County School, while outside his
or her jurisdiction but within the City of Opa -iocka Police Department
jurisdiction, said officer shall be empowered to take appropriate action
including, but not limited to, arrest or citation of a suspect, if the officer is
engaged in a close and continuous pursuit or has been
contemporaneously requested to render aid or assistance by a City of
Opa -iocka Police Department officer.
6 If an officer of the Miami -Dade Schools Police Department is investigating
a felony which has occurred within his or her jurisdiction and has probable
cause to arrest a suspect for a felony and the suspect is now located
outside the officer's jurisdiction, but within the City of Opa -iocka Police
Department jurisdiction, the officer shall request a City of Opa -iocka Police
Department officer for assistance.
7 If a City of Opa -iocka Police Department officer is investigating a felony
which has occurred within his or her jurisdiction and has probable cause to
arrest a suspect for a felony and the suspect is now located outside the
officer's jurisdiction, but within the jurisdiction of the Miami -Dade County
School, the officer shall request a Miami -Dade County School Police
officer for assistance.
8 Nothing shall prevent an officer of the City of Opa -iocka Police
Department from stopping and detaining a person who commits an
observed motor vehicle violation or misdemeanor on the City of Opa -iocka
Police Department property for the purpose of issuing a citation or
summons if the suspect is stopped immediately upon exiting the campus.
If a custodial arrest off campus grounds is required and is within the
Miami -Dade County School, the Miami -Dade Schools Police Department
shall be contacted as soon as possible for assistance.
B. Each party agrees to furnish necessary equipment, resources and facilities, and to
render services to the other as set forth above; however, no party shall be required
to deplete unreasonably its own equipment, resources, facilities, and services in
furnishing mutual aid.
C. The agency furnishing any equipment pursuant to this Agreement shall bear the loss
or damage to such equipment and shall pay any expenses incurred in the operation
and maintenance thereof.
D. The agency furnishing aid pursuant to this Agreement shall compensate its
employees during the time such aid is rendered and shall defray the actual travel
maintenance expenses of such employees while they are rendering such aid,
including any amounts paid or due for compensation due to personal injury or death
while such employees are engaged in rendering such aid. The requesting agency
may reimburse the assisting agency during the time of the rendering of such aid and
may defray the actual travel and maintenance expenses of such employees while
they are rendering such aid, including any amounts paid or due for compensation as
a result of personal injury or death while such employees are rendering such aid as
pertains to Section I of this Agreement.
E. All provision and immunities from liability, exemption from laws, 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 or any such agency when performing their respective functions within the
territorial limits of their respective public agency shall apply to them to the same
degree, manner, and extent while engaged in the performance of any of their
functions and duties extra- territorially under the provisions of this mutual aid
Agreement. The provisions of this section shall apply with equal effect to paid,
volunteer, and reserve employees.
VI. INDEMNIFICATION
To the fullest extent permitted by the law, each party engaging in any mutual
cooperation and assistance pursuant to this Agreement, shall indemnify and hold
harmless the other participating party, and its appointees or employees (" Indemnitees ")
from and against all claims, liabilities, damages, losses, and costs including, but not
limited to, reasonable costs at the pre - trial, trial and appellate levels, arising out of,
resulting from or incidental to the other participating party's performance under this
Agreement or to the extent caused by negligence, recklessness, or intentional wrongful
conduct of the participating party or other persons employed or utilized by the
participating party in the performance of this Agreement. Subject to the provisions set
forth in Florida Statute Section 768.28, as amended and revised, neither party shall be
liable to pay a claim or judgment by any one person which exceeds the sum of
$200,000, or any claim or judgments or portions thereof, which when totaled with all
other claims or judgments paid by the state or its agencies or subdivisions arising out of
the same incident or occurrence, exceeds the sum of $300,000. The remedy provided
5
to the Indemnitees by this indemnification shall be in addition to and not in lieu of any
other remedy available under the Agreement or otherwise. This indemnification
obligation shall not be diminished or limited in any way to any insurance maintained
pursuant to the Agreement otherwise available to the other participating party. The
remedy provided to the Indemnitees by this indemnification shall survive this
Agreement. The provisions of this Section shall specifically survive the termination of
this Agreement. The provisions of this Section are intended to require both parties to
furnish the greatest amount of indemnification allowed under Florida law. To the extent
any indemnification requirement contained in this Agreement is deemed to be in
violation of any law, that provision shall be deemed modified so that both parties shall
be required to furnish the greatest level of indemnification to the Indemnitees as was
intended by the parties hereto.
VII. FORFEITURES
It is recognized that, during the course of the operation of this Agreement,
property subject to forfeiture under Sections 932.701- 932.707, Florida Statutes (the
Florida Contraband Forfeiture Act) 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 pursuant to the
Florida Contraband Forfeiture Act less the costs associated with the forfeiture action.
The participating agencies must request sharing, in writing, before the entry of a Final
Order of Forfeiture, or they will be barred from claiming any portion of the property
forfeited. The agency pursuing the forfeiture action shall have the exclusive right to
control and the responsibility to maintain the property, including, but not limited to, the
complete discretion to bring the action, or to dismiss the action, or settlement. This
shall occur pursuant to the Florida Contraband Forfeiture Act.
VIII. SCHOOL CRITICAL INCIDENT RESPONSE PLAN
It is recognized that, during the course of the operation of this Agreement, should
a critical incident arise, the parties shall adopt the Miami -Dade County School Critical
Incident Response Plan, Joint Roundtable on Youth Safety, dated August 13, 2013.
This plan promotes cooperation, consistency and a cohesive unified response by law
enforcement and emergency service personnel within Miami -Dade County with an
intended purpose to successfully resolve a school crisis and prevent injury or loss of life.
IX. INSURANCE
Each party shall maintain insurance coverage or maintain an ongoing self -
insurance program in sufficient amounts for the performance of this Agreement
including public liability, automobile liability, police professional liability and workers'
compensation. If requested, each party shall provide satisfactory proof of the required
insurance or ongoing self- insurance program.
X. CONCURRENT JURISDICTION
Should a sworn 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.
XI. 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 five (5) years from the
effective date of this Agreement unless terminated prior thereto by any or all of the
parties herein. Under no circumstances may this Agreement be renewed, amended, or
extended except in writing and executed by both parties.
XII. CANCELLATION
This Agreement may be canceled by either party upon delivery or written notice
to the other party and such Agreement shall be terminated thirty (30) days after receipt
of this notice. Any notice required or permitted under this Agreement, including any
notice of cancellation or termination, shall be effective when personally delivered or sent
by first -class mail, return receipt requested as follows:
FOR THE CITY OF OPA -LOCKA POLICE DEPARTMENT:
Jeffrey Key, Chief of Police
Opa -locka Police Department
2495 Ali Baba Avenue
Opa- locka, Florida 33054
With a copy to:
Kelvin L. Baker, Sr., City Manager
City of Opa -locka
3400 N.W. 135th Street, Building B
Opa- locka, Florida 33054
VA
AS TO THE SCHOOL BOARD:
The School Board of Miami -Dade County, Florida
Attn: Alberto M. Carvalho, Superintendent
1450 N.E. Second Avenue, Suite 912
Miami, Florida 33132
With a copy to:
The Miami Dade County School Police Department
Attn: Chief Ian Moffett
Address: 6100 NW 2nd Avenue
Miami, FI 33127
And a copy to:
The School Board of Miami -Dade County, Florida
Attn: Walter J. Harvey, School Board Attorney
1450 N.E. Second Avenue, Suite 430
Miami, Florida 33132
Miami -Dade Schools Police Department
a
WHEREFORE, the parties hereto cause these Agreements to be signed on the
day of , 20 ®.
APPROVED AS TO FORM AND LEGAL SUFFICIENCY THE SCHOOL BOARD OF MIAMI -DADE COUNTY,
FLORIDA
(as to the School Board).
BY:
School Board Attorney - Signature Date
(Superintendent of Schools or Designee)
Date:
(Name Typed)
ature
SUBMITTED BY: THE CITY OF OPA -LOCKA AND
THE CITY OF OPA -LOCKA POLICE DEPARTMENT
Chief Ian Moffett
Risk Management Signature Date
BY:
Signature
Name:
Address:
F.E.I.N. (If organization)
School Board Employee: Yes ❑ No D
M -DCPS Employee No.
9
Chief of Police
Pete Cuccaro
GH<<'
0 January 13, 2004
ant n1 , t
►OLI ,
Mr. Dominic Pape, Deputy Director
Florida Department of Law Enforcement
1030 Northwest 111 Avenue
Miami, Florida 33172
Dear Mr. Pape:
t D6dd Cain e SE oc f
giving our students the world-
Miami -Dade County School Boa: o
Dr. Michael M. Krop, Chair
Dr. Robert B. Ingram, Vice Chair
Mr Agustin J. Barrera
Mr Frank J. Bolarios
Mr Frank J. Cobo
Ms. Perla Tabares Hantman
Ms Betsy H. Kaplan
Dr. Marta Perez
Dr Solomon C. Stinson
Superintendent
of Schools
Menett R. Stierheim
Pursuant to Florida State Statutes, Chapter 23, Florida Mutual Aid Act, enclosed please
find one executed original of the Mutual Aid agreement between the City of Opa -Locka
and the School Board of Miami -Dade County.
Should you have any questions regarding this matter, please contact Major Claudia C.
Milton at 305- 757 -7708, extension 2020.
Please be assured of our continued cooperation in all maters of mutual concern.
Sincerely.
-v PETE CUCCARO, Chief
PC:ac
L452
Enclosure: Mutual Aid Agreement
cc: Mr. Merrett R. Stierheim, Superintendent of Schools
Mr. Paul R. Philip, Chief of Staff
Mr. Johnny Brown, School Board Attorney
James Smith, Chief of Police
Claudia C. Milton, Major
The Miami -Dade Schools Police Department • 6100 N. W. 2"d Avenue • Miami, Florida 33127
305 - 757 -COPS • FAX 305 -751 -7626 • www .dade.kl2.fl.uslpoHcelindex.htm
MUTUAL A>ID AGREEMENT
Between City of Opa -Locks and The School Board of Miami -Dade County, Florida
BACKGROUND
City of Opa- Locka, a political subdivision of the State of Florida, on behalf ofthe Opa Locka
Police Department and The School Board of Miami -Dade County, Florida, on behalf of the
Miami -Dade Schools Police Department, have the authority under Chapter 23, Florida Statutes,
Florida Mutual Aid Act to enter into a mutual aid agreement.
THE AGREEMENT
City of Opa- Locka, ( "Political Subdivision'l and The School Board of Miami -Dade County,
Florida ("School Board"), through the undersigned representatives, in consideration for the 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 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.
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 police agency heads. Subsequent to
execution by the concerned police agency heads, the joint declaration shall
be filed with the Clerk of the Political Subdivision the appropriate School
Board office, and shall thereafter become part of this Agreement. Said
declaration may be amended or supplemented at any time by subsequent
written declarations approved by the School Board and filed with the Clerk
of the Political Subdivision and the appropriate School Board office.
b. Agency or participating law enforcement agency: Either the Opa- Locica
Police Department or the Miami -Dade Schools Police Department.
C. Agency head: Either the Police Chief of the Opa -Locka Police Department
or the Police Chief s designee; and the Chief of the Miami -Dade Schools
Police Department, or the Chief s designee.
d. Chief of the Opa -Locka Police Department, or the Chief s designee; and the
Chief of the Miami -Dade Schools Police Department, or the Chief s
designee.
e. Certified law enforcement employee: Any law enforcement employee
certified as provided in Chapter 943, Florida Statues.
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 agency
requiring assistance shall notify an authorized representative of the agency
from which such assistance is requested. The authorized agency
representative whose assistance is sought shall evaluate the situation and
available resources, and will respond in a manner deemed appropriate by that
individual.
b. Each parry 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 deplete unreasonably its own personnel, equipment, facilities, and other
resources and services in rendering such assistance.
C. The agency heads, or their designee, shall establish procedures in the joint
declaration for giving control of the mission definition to the requesting
agency and for giving tactical control over accomplishing any such assigned
mission and supervisory control over all personnel or equipment provided
pursuant to this Agreement to the providing agency.
5. Powers, Privileges, Immunities, and Costs.
a. All employees ofthe participating police departments, 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 law enforcement agency 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 jurisdiction in which they are normally employed.
b. The Political Subdivision or the School Board having financial responsibility
for the law enforcement agency providing services, personnel, equipment, or
facilities pursuant to the provision 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 or the School Board 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 employee.
d. All exemption 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 this Mutual Aid Agreement The
provisions of this Agreement shall apply with equal effect to paid employees
and any volunteers.
4
6. Indemnification: The Political Subdivision or the School Board 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 School Board or Political Subdivision in any suit, action,
or claim for damages resulting from any and all acts or conduct of employees of said
providing agency while providing aid pursuant to this Agreement, subject to
Chapter 768, Florida Statutes, where applicable.
7. Forfeitures: It is recognized that during the course of the operation of this
Agreement, property subject to forfeiture under the Florida Contraband Forfeiture
Act, Florida Statutes, may be seized. The property shall be seized, forfeited, and
equitably distributed among the participating agencies in proportion to the amount
of investigation and participation performed by each agency. This shall occur
pursuant to the provisions of the Florida Contraband Forfeiture Act.
8. Conflicts: Any conflicts between this Agreement and the Florida Mutual Aid Act
will be controlled by the provisions of the latter, whenever conditions exist that are
within the definitions stated in Chapter 23, Florida Statutes.
9. Effective Date and Duration: This Agreement shall be in effect from date of signing
and shall continue in force until either the School Board or participating law
enforcement agency gives written notice of cancellation pursuant to paragraph.
01
10. Under no circumstances may this Agreement be renewed, amended, or extended
except in writing.
1;l. 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 School
Board or chief executive officer of the Political Subdivision.
12. Novation: This Agreement shall supersede and replace any and all prior agreements
regarding mutual aid that may have been entered into by the parties.
AGREED TO AND ACKNOWLEDGED this
THE SCHOOL BOARD OF MIAMI- DADE
CO[J,tgY, FLORIDA
Merrett R. Stierheim
Superintindent of Schools
day of , 2003.
CITY OF OPA -LOCKA
OPA- LOCKA, FLORIDA
7annie Beverly, City Manager
Florida, the City Of Opa -Locks
Witness: Witness:
Approved as to Form/and Legal Sufficiency:
Approved as to Form /and Legal
Sufficiency:
JOINT DECLARATION OF THE CHIEF OF THE CITY OF OPA -LOCKA POLICE
DEPARTMENT AND THE CHIEF OF THE NIIANII -DARE SCHOOLS POLICE
DEPARTMENT PURSUANT TO MUTUAL AID AGREEMENT
A deputy sheriffor police officer of either ofthe participating law enforcement agencies shall
be considered to be operating under the provisions of the Mutual Aid Agreement when:
• participating in law enforcement activities that are preplanned and approved by each
respective agency head, or
appropriately dispatched in response to a request for assistance from the other law
enforcement agency.
In compliance with and under the authority of the Mutual Aid Agreement heretofore entered
into by The School Board of Miami -Dade County, Florida and the City of Opa- Locka, 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 written declarations
approved by the School Board and executed by the parties.
1. The participating law enforcement agencies agree that the Miami -Dade Schools
Police Department shall have continuing police authority to respond to those law
enforcement incidents involving only school students and School Board employees.
This police authority shall be exercised in connection with incidents that occur on
roadways and property adjacent to and abutting School Board property, and incidents
that occur in plain view of apolice officer within 1,000 feet of school property. Plain
view shall mean a continuous line of visible sight, and shall not be used to extend the
continuing police authority beyond School Board property to explore in search of any
incident.
2. The participating law enforcement agencies agree that the Miami -Dade Schools
Police Department shall have continuing police authority to enforce all of the traffic
laws of the state within the jurisdiction established in paragraph 1 above.
3. The participating law enforcement agencies agree that the Miami -Dade Schools
Police Department shall have continuing police authority to respond to law
enforcement incidents at all school- related events involving school students and
School Board employees occurring at property or facilities located outside the
established jurisdiction above which are under the guidance, supervision, regulation,
or control of the School Board, and upon prior approval of the Chief of Police or the
Chief's designee.
4. The participating law enforcement agencies agree that the Miami -Dade Schools
Police Department may provide assistance upon request of a participating law
enforcement agency and approval of the Chief of Police or the Chiefs designee only
in response to incidents involving school students and School Board employees.
5. The participating law enforcement agencies agree that the Miami -Dade Schools
Police Department shall have no other police authority in connection with property
or facilities not owned or controlled by the School Board except in emergency
situations (occurring within the established jurisdiction set forth in— paragraph #1
above) that involve school students, School Board employees or any law enforcement
officer. Emergency situations shall mean those situations that present imminent
threats of bodily injury to school students, School Board employees or any law
enforcement officer.
The following procedures will apply in Mutual Aid operations:
1. Mutual aid requested or rendered will be approved by the Chief of the City of
Opa -Locks and Chief of the Miami -Dade Schools Police Department or their
designee.
2. Specific reporting instructions for personnel rendering mutual aid should be included
in the request for mutual aid.
3. Communications instructions will be included in each request for mutual aid, and the
requesting agency's Communications Bureau will maintain radio contact with the
involved agencies until the mutual aid situation has ended.
AGREED TO AND ACKNOWLEDGED this day of ��� , 2003.
E CHOOLS
LICE D
r
Pete Cuccaro, Chief
Miami- l?gde,Schools Police Department
Merrett R. Stierheim, Superintendent
Miami -Dade County Public Schools
Sponsored by: City Manager
Resolution No. 03-6483
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
OPA- LOCKA, FLORIDA AUTHORIZING THE CITY MANAGER
TO ENTER INTO AND EXECUTE A MUTUAL AID
AGREEMENT WITH THE SCHOOL BOARD OF MIAMI -DADS
COUNTY, FLORIDA ON BEHALF OF THE MIAMI -DADE
SCHOOLS POLICE DEPARTMENT, PURSUANT TO CHAPTER
23, FLORIDA STATUTES, IN SUBSTANTIALLY THE FORM
ATTACHED HERETO
WHEREAS, Section 23.12, F.S. (2001), the Florida Mutual Aid Act, authorizes a voluntary
cooperation written agreement between two or more law enforcement agencies and either a school
board that employs school safety officers; and
WHEREAS, because of the national propensity for violence amongst juveniles, it is
important and advantageous that joint law enforcement be available in an effort to ensure the safety
of students, teachers, administrators and support staff in and about any school in Miami -Dade
County; and
WHEREAS, the City of Opa- locka, Florida and the School Board of Miami -Dade County,
Florida are desirous of entering into a mutual aid agreement for operational assistance for both
routine and law enforcement intensive situations.
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 a Mutual Aid
Agreement with the School Board of Miami -Dade County Florida, on behalf of the Miami -Dade
Schools Police Department, pursuant to Chapter 23, F.S., in substantially the form attached hereto.
Resolution No. 03-6483
PASSED AND ADOPTED this 14 day of MAY
Attest to:
CITY CLERK
2003.
M OR
Approved as to form and Iegal sufficiency:
C wy
DAT
Moved by: COMMISSIONER
KELLEY
Second by: COMMISSIONER
HOLMES
Commission Vote: 4 -0
Commissioner Kelley:
YES
Commissioner Tydus:
NOT PRESENT
Commissioner Holmes:
YES
Vice -Mayor Johnson:
Mayor Taylor:
YES
YES
ResolutionlAgreemeni— School Board on behalf
j
"A COMM. .1TY OF BROTHERHOOD AND S1,. ERHOOD"
JANNIE R. BEVERLY
Interim City Nfanager
KA
MEMORANDUM
(305) 953 -2821
(305) 953 -2W
Fax: (305)953 -2870
To: A. Quinn Jones, III Date: April 18, 2003
City Attorney
From: Jannie R. Bever* Re: The Attached
Interim City Manger
Please review and advise the City Manager's Office on the attached proposed Mutual Aid
Agreement.
Thank you.
Attachment
CITY HALL • 777 SHARAZAD BOULEVARD, OPA- LOCKA, FLORIDA 33054 • (305) 688 -4611
AN EQUAL OPPORTUNITY EMPLOYER AND DOES NOT DISCRIMINATE ONTHE BASIS OF HANDICAP
THE CITY OF OPA- -LOCKA
( POLICE DEPARTMENT
-
INTER- OFFICE MEMORAND UNI
TO: Janie R
FROM: James Smith, Chief of Police
SUBJECT: MIAM ADE OUIITY P�VACIC SCHOOL
MUTUAL NT
DATE: April 21, 2003
Attached, please find for your review the proposed Mutual Aid Agreement between the Miami Dade
County Public Schools and the City of Opa -locka Police Department.
Attachment
" Committed to professionalism and community partnership"
rx,
Chief of Police
Pete Cuccaro
,. 'A 1 `' April 15, 2003
M} '
rum, %
V1�a~ r mad: Caur „/ School Boa-d
Dr Michael M. Krop, Chair
Dr Robert B. Ingram, Vice Chair
Mr. Agustin J. Barrera
Mr Frank J Bolarios
James Smith, Chief Mr Fra.gk J. Cobo
City of Opa -Locka Police Department Ms Perla Tabares Hantman
2495 Ali Baba Avenue Ms Betsy H. Kaplan
Dr Marta Perez
Opa- Locka, Florida 33054 Dr. Solomon C. Stinson
Dear Chief Smith: �� Supeonmrdentof Schoo`:
Merrett R. Stierhem
A recent review of t e mutual aid file for the Miami -Dade Schools Police Department
indicates that we currently have mutual aid agreements with the following agencies:
Bay Harbor Islands Police Department
Coral Gables Police Department
El Portal Police Department
Florida City Police Department
Hialeah Gardens Police Department
Hialeah Police Department
Homestead Police Department
Key Biscayne Police Department
Miami Police Department
Miami -Dade Police Department
Miami Beach Police Department
Miami Shores Police Department
Miami Springs Police Department
North Bay Village Police Department
North Miami Police Department
North Miami Beach Police Department
Pinecrest Police Department
South Miami Police Department
West Miami Police Department
Conversely, we do not have an agreement with Opa -Locka Police Department. It should
be noted that the above agencies list only those jurisdictions in which Miami -Dade
County Public Schools are located.
Given the propensity for violence that currently exists in the juvenile population across
the nation, we believe it is important that local law enforcement be able to jointly move on
any issue that could affect the safety of students, teachers, administrators and support
staff in and about any school in Miami -Dade County. In this regard, we will be laboring to
improve our own training while improving cooperative arrangements with our law
enforcement partners throughout the county.
Please call me at 305 -757 -7708 (upon receipt of this letter) to set a mutually agreed upon
time to discuss how we can move toward a mutually beneficial arrangement regarding
the impertant i ues of safety, enforcement and mutual aid.
incerely,
PE CUCCARO, Chief
PC:ac
L927
The Miami -Dade Schools Police Department . 6100 N.W. 2"d Avenue . Miami, Florida 33127
305 -757 -COPS • FAX 305 - 751 -7626 • www. dade.ki2.fl.us/police/index.htm
Superintendent of Schools
Alberto M Carvalho
February 3, 2009
Acting Chief Rodney Ballentine
Opa -Locka Police Department
2495 Ali Baba Avenue
Opa- Locka, Florida 33054
Dear Acting Chief Ballentine:
Miami -Dade County School Board
Dr. Solomon C. Stinson, Chair
Dr Marta P6rez, Vice Chair
Agustin J. Sarrera
Ranier Diaz de la Portifia
Dr Lawrence S. Feldman
Pena Tabares Hantman
Dr Wflbert 'Tee" Holloway
Dr Martin Karp
Ana Rivas Logan
The enclosed Florida Department of Law Enforcement (FDLE) e- receipt confirms that a
copy of the Mutual Aid Agreement between Miami -Dade Schools Police Department
(M -DSPD) and Opa -Locka Police Department has been received by FDLE. Additionally,
this receipt verifies approval of the Agreement by the State as legally sufficient and
binding.
M -DSPD appreciates the opportunity to work in this collaborative effort and is looking
forward to future inter - agency endeavors with mutual cooperation as we strive to create
a safe and relaxed atmosphere for our citizens, students and visitors.
Sincerely,
4
Charles J. liur-%y, Chief
CJH:ml
L358
The Miami -Dade Schools Police Department • 6100 NW 2nd Avenue - Miami, Florida 33127
305 - 995 -COPS • Fax 305-751 -7626 - httn.Unolice.dadeschools.net
Page 1 of 2
Murray, Nannette C.
From: Mutual Aid [MutualAld @fdle.state.fl.us] Sent: Wed 1/28/2009 10:46 AM
To: Murray, Nannette C.
Cc:
Subject: MIAMI -DADE SCHOOLS & CITY OF OPA -LOCKA - Receipt for Mutual Aid Agreement
Attachments:
FC)LEMUTUALAw
MutualAid &dle.sfate. H. us
www.fdie.state.fl.us
FAX (850) 410 -8392
Mutual Aid Agreement e- receipt
On 01 -12 -2009, this office received a file copy of the mutual aid agreement between the MIAMI -
DADE SCHOOLS and the CITY OF OPA LOCKA.
Pursuant to the administrative reporting requirement of the Florida Mutual Aid Act ( §23.1225(4),
Florida Statutes), a copy of this agreement is now on file with FDLE.
It is recommended that this receipt be maintained with your original agreement to document that you
have complied with this requirement and that you inform all other agencies participating in this
agreement of your compliance.
Please remember that a copy of each newly executed law enforcement mutual aid agreement
constructed under the authority of the Florida Mutual Aid Act needs to be promptly submitted to
FDLE:
By E -mail: Scanned copy of complete original agreement (as a .pdf document)
may be sent to MutualAid @fdle.state.fl.us
By FAX: 850 — 410 — 8392
By Mail to: FDLE Mutual Aid
ATTN: Walt Turner
P O Box 1489
Tallahassee FL 32302 -1489
hnps://maiI.dadeschools.net/exchange/NMurray.;Inbox/MlAMI-DADE' o2OSCHOOLSP 62... 1,128/2009
Page 2 of 2
Each copy of a submitted agreement should include an agency e-mail address to which an e- receipt
acknowledging your compliance will be sent.
All participating agencies should note that electronic copies of recent agreements (2007- 2008), and
FAA's related to developing law enforcement mutual aid agreements or plans may be found on the
FDLE's Mutual Aid Web — Local Assistance page on Florida's CJNet
(http-//osiweb.fdle,flcjn.net/MutualAid/MAmain-page.htm).
For specific Mutual Aid local or regional issues, questions, or for direct assistance with agreements or
mutual aid planning, please contact Walt Turner (850 -490 -8397) or e-mail
MptualAid@fdle.state.fl.us.
https: maiWadeschools. net / exchange /NMurray,'Inbox /MIAMI- DADE "o20SCHOOLS'�o2... 1 2812009
MUTUAL AID AGREEMENT
Between The School Board of Miami -Dade County
and the City of Opa Locka
Whereas, it is the responsibility of the governments of The School Board of Miami-
Dade County, Florida, and The City of Opa Locka to ensure the public safety of their citizens by
providing adequate levels of police services to address any foreseeable routine or emergency
situation; and
Whereas, because of the existing and continuing possibility of the occurrence of law
enforcement problems and other natural and man-made conditions which are, or are likely to be,
beyond the control of the services, personnel, equipment, or facilities of the Miami -Dade Schools
Police Department or The City of Opa Locka Police Departments; and
Whereas, in order to ensure that preparation of these law enforcement agencies will be
adequate to address any and all of these conditions, to protect the public peace and safety, and to
preserve the lives and property of the people of the School Board of Miami -Dade County and
The City of Opa Locka; and
Whereas, The School Board of Miami -Dade County and The City of Opa Locka have
the authority under Chapter 23, Florida Statutes, Florida Mutual Aid Act, to enter into a mutual
aid agreement;
NOW, THEREFORE, BE IT KNOWN that The School Board of Miami -Dade County, a
political subdivision of the State of Florida, and the undersigned representatives, in consideration
for mutual promises to render valuable aid in times of necessity, do
hereby agree to fully and faithfully abide by and be bound by the following terms and conditions:
1. Short title: Mutual Aid Agreement
2. 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.
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 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 -Dade Schools
Police Department or The City of Opa Locka Police Department.
c. Agency head: Either the Chief of the Miami -Dade Schools Police Department, or
the Chiefs designees; and the Chief of Police of The City of 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.
1)
e. Certified law enforcement employee: Any law enforcement employee certified as
provided in Chapter 443, Florida Statutes.
4. Operations:
a. In the event that a party to this Agreement is in need of assistance as specified in
the applicable joint declaration, an authorized representative of the police
department requiring assistance shall notify the agency from whom such assistance
is requested. The authorized agency representative whose assistance is sought shall
evaluate the situation and his or her available resources, and will respond in a
manner deemed appropriate.
b. 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 deplete unreasonably its own
personnel, 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. However, each employee shall
also be subject to the personnel rules, regulations, procedures, and policies
applicable to his or her employing agency.
5. Powers, Privileges, Immunities, and Costs:
3
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 the Agreement during the time of the
rendering of such aid and shall defray the actual travel and maintenance expenses
of such employees while they are rendering such aid. Such compensation shall
include any amounts paid or due for compensation due to personal injury or death
while such employees are engaged in rendering such aid. Such compensation shall
also include all benefits normally due such employees.
d. The political subdivision having financial responsibility for the law enforcement
agency receiving aid pursuant to this Agreement shall compensate all of its
employees pursuant to the Agreement during the time of the receiving of such aid.
4
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.
e. 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 extra territorially under the
provisions of this Mutual Aid Agreement. The provisions of this Agreement shall
apply with equal effect to paid and auxiliary employees.
6. Indemnification: The political subdivision having financial responsibility for the law
enforcement agency providing aid pursuant to this Agreement, and the political subdivision
having financial responsibility for the law enforcement agency receiving aid pursuant to this
Agreement, each agree to hold harmless, defend, and indemnify each other in any suit,
action, or claim for damages resulting from any and all acts or conduct of employees of each
agency while providing or receiving aid pursuant to this Agreement, subject to Chapter 768,
Florida Statutes.
7. Forfeitures: It is recognized that during the course of the operation of this Agreement,
property subject to forfeiture under the Florida Contraband Forfeiture Act, Florida Statutes,
may be seized. The property shall be seized, forfeited, and equitably distributed among the
participating agencies in proportion to the amount of investigation and participation
performed by each agency. This shall occur pursuant to the provisions of the Florida
5
Contraband Forfeiture Act. Any participating agencies must request sharing, in writing,
before the entry of a Final Order of Forfeiture, or they will be barred from claiming any
portion of the property forfeited.
8. Conflicts: Any conflicts between this Agreement and the Florida Mutual Aid Act will be
controlled by the provisions of the latter, whenever conditions exist that are within the
definitions stated in Chapter 23, Florida Statutes.
9. Effective Date and Duration: This Agreement shall be in effect from date of signing,
through and including, January 1, 2015. Under no circumstances may this Agreement be
renewed, amended, or extended except in writing.
10. Cancellation: This Agreement may be cancelled by either party upon sixty (60) days
written notice to the other party. Cancellation will be at the discretion of the chief executive
officers of the parties hereto.
AGREED TO AND ACKNOWLEDGED this ZSTo day of NDVE46EQ , 2008
Z -q4UA,4 .
Mr. o . Carvalho, Superintendent ,City Mana er
Mi• i -Dade County Public Schools City of Opa Locka , Florida
WITNESS:
Clerk
Miami -Dade County Public Schools
APPROVED AS TO FORM
AND LEGAL SUFFICIENCY
Attorney
Miami -Dade County Public Schools
Z
ATTEST:
Clerk
City of Opa Locka , Florida
APPROVED AS TO FORM
AND LEGAL SUFFICIENCY
A ey
tty of Opa Va, da
JOINT DECLARATION BETWEEN THE CHIEF OF THE MIAMI -DARE SCHOOLS
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 con-
sidered to be operating under the provisions of the mutual aid agreement when:
participating in law enforcement activities that are preplanned and approved by each
respective agency head, or
appropriately dispatched in response to a request for assistance from the other law
enforcement agency.
In compliance with and under the authority of the Mutual Aid Agreement heretofore
entered into by the City of Opa Locka, Florida and The School Board of Miami -Dade County,
Florida, it is hereby declared that the following list comprises the circumstances and condi-
tions under which mutual aid may be requested and rendered regarding police operations pur-
suant 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 demonstra-
tions, 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 Iimited 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 elec-
trical power failures.
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 person calls.
9. Enemy attack.
10. Transportation of evidence requiring security.
It. 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 ob-
jective.
14. Incidents requiring utilization of specialized units; e.g., underwater recov-
ery, aircraft, canine, motorcycle, bomb, crime scene, marine patrol, and po-
lice information.
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 should be
included in the request for mutual aid. In the absence of such instructions,
personnel will report to the ranking on -duty supervisor on the scene.
3. Communications instructions will be included in each request for mutual aid
and the Miami -Dade Police Department Communications Bureau will main-
tain radio contact with the involved agencies 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 pro-
cedures.
V2
'e�a __
Ro ney Ballentine, Acting Chief
Opa Locka ce epartment
Charles J. y,- ief of Police
Miami- de Schools Notice Dein
''U- 1 y- �✓
Date
Date
Clerk /" / Date
111�0S1 o 8
APNL
44
Sponsored by: City Manager )09-
RESOLUTION NO. o s- 7 3 a o
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF OPA- LOCKA, FLORIDA, AUTHORIZING THE
CITY MANAGER TO ENTER INTO AND EXECUTE A
VOLUNTARY MUTUAL AID AGREEMENT WITH THE
SCHOOL BOARD OF MIAMI-DARE COUNTY PURSUANT
TO CHAPTER 23, FLORIDA STATUTES.
WHEREAS, the governing bodies of the City of Opa- locks, Florida ( "City") and the School
Board of Miami -Dade County ( "School Board ") have the responsibility of ensuring public safety and
providing adequate levels of police service to address foreseeable routine and/or emergency
situations; and
WHEREAS, because of the existing and continuing possibility of law enforcement
problems and other natural and man-made conditions which may go beyond the control of the
services, personnel, equipment, or facilities of the Opa -locka Police Department or the Miami -Dade
Schools Police Department; and
WHEREAS, 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 protect
the public peace and safety, as well as to preserve the lives and property; and
WHEREAS, the City and the School Board have the authority under the Florida Mutual Aid
Act, §23.12 - 23.127, Florida Statutes, to enter into this Mutual Aid Agreement for law enforcement
service; and
WHEREAS, the City Commission of the City of Opa -locks desires to enter into a Mutual
Aid Agreement with the School Board of Miami -Dade County, for law enforcement services and
resources in accordance with the Florida Mutual Aid Act, 923.12 - 23.127, Florida Statutes.
Resolution No. 08-7390
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 -iocka hereby authorizes the City
Manager to enter into and execute a Mutual Aid Agreement with the School Board of Miami -Dade
County 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 '12 day of
Attest:
Deb ah .Irby
City Clerk
Moved by:
Seconded by:
Commissioner Vote:
Commissioner Tydus:
Commissioner Holmes:
Vice Mayor Johnson:
Mayor Kelley:
NOVEMBER , 2008.
a" JOSEPH L. KELLtY
MAYOR
Approved as to form and legal sufficiency:
"—uM'Oe6 Norris -Weeks
City Attorney
JOHNSON
TYDUS
4-
YES
YFe
YES