HomeMy Public PortalAbout15-8920 Authorizing City Manager and Police Chief to enter into and execute a MAA w/the City of HialeahSponsored by: City Manager
RESOLUTION NO. 15 -8920
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF OPA- LOCKA, FLORIDA, AUTHORIZING THE
CITY MANAGER AND THE CITY POLICE CHIEF TO
ENTER INTO AND EXECUTE A MUTUAL AID
AGREEMENT AND A JOINT DECLARATION PURSUANT
TO THE MUTUAL AID AGREEMENT WITH THE CITY
OF HIALEAH, FLORIDA, FOR LAW ENFORCEMENT
SERVICES AND RESOURCES; PROVIDING FOR
INCORPORATION OF RECITALS; PROVIDING FOR AN
EFFECTIVE DATE
WHEREAS, the Mutual Aid Agreement ( "MAA ") with the City of Hialeah provides for
requesting and rendering of assistance for both routine and law enforcement intensive situations; and
WHEREAS, the City Commission of the City of Opa -locka desires to authorize the City
Manager and the City Police Chief to enter into and execute a Mutual Aid Agreement and a Joint
Declaration with the City Of Hialeah.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE CITY COMMISSION OF
THE CITY OF OPA- LOCKA, FLORIDA:
Section 1. The recitals to the preamble herein are incorporated by reference.
Section 2. The City Commission of the City of Opa -locka hereby authorizes and directs
the City Manager and the City Police Chief to enter into and execute an operational assistance
Mutual Aid Agreement and Joint Declaration with the City of Hialeah, for law enforcement services
and resources, substantially in the form attached hereto as Exhibit "A ".
RESOLUTION NO. 15 -8920
Section 3. This resolution shall take effect immediately upon adoption.
PASSED AND ADOPTED this 28"' day of January, 2015.
Attest to:
" 9��
Joa a Flores
City Clerk
Moved by:
Seconded by:
Commission Vote:
Commissioner Kelley:
Commissioner Pinder:
Commissioner Santiago:
Vice -Mayor Holmes:
Mayor Taylor:
Approved as to form and
J
Attorney
VICE MAYOR HOLMES
COMMISSIONER PINDER
5 -0
YES
YES
YES
YES
YES
/ John C"Dello
MARDER PA
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OI JAI
JIM
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Memorandum
TO: Mayor
Myra L. Taylor
Vice Mayor
Timothy Holm s
Commissioner
Jose�h L. Kelle
Commissioner
Terence K. Pi d r
Commissioner
Luis B. Sant' go
FROM: Kelvin L. Baker, Sr., City
Manager
DATE: December 5, 2014
RE: Mutual Aid Agreement with the City of Hialeah 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 MUTUAL AID AGREEMENT AND A JOINT
DECLARATION PURSUANT TO THE MUTUAL AID AGREEMENT WITH THE CITY
OF HIALEAH, FLORIDA, 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: None
Analysis: Mutually beneficial support during times of crisis.
Recommendation(s): Staff Recommends Approval.
Attachments:
1 Previous Mutual Aid Agreement dated February 22, 2013
3 Two [2) sets of the 2015 -2020 Proposed Mutual Aid Agreement between the City of Opa -locka and
the City of Hialeah
4 Draft Mutual Aid Agreement Resolution
5 Agenda Cover Memo
6 Interoffice Memorandum
Prepared by: Clancy Huckleberry
End of Memorandum
1
MAA Hialeah Agenda Cover Form
,0 locks.
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a �
City of Opa -Locka
Agenda Cover Memo
Commission Meeting
Date:
Item Type:
(EnterX in box)
Resolution
Ordinance
Other
x
Fiscal Impact:
(Enter X in box) n/a
Yes
No
Ordinance Reading:
(Enter X in box)
1s' Reading
2nd Reading
x
Public Hearing:
(Enter X in box)
Yes
No
Yes
No
x
x
Funding Source:
(Enter AcctNo.) n/a
(Enter Fund & Dept)
n/a
Advertising Requirement:
(Enter X in box)
Yes
No
x
ITEM BUDGETED:
YES
NO
Contract /P.O. Required:
(En ter X in box)
Yes
No
RFP /RFQ /Bid #: n/a
NIA
Strategic Plan Related
(Enter X in box)
Yes
No
Strategic Plan Priority Area:
Strategic Plan Obj. /Strategy: (list the
specific objective /strategy this item will address)
x
Enhance Organizational p
Bus. & Economic Dev
Public Safety p
Quality of Education
Qual. of Life & City Image F-1
Communcation p
Sponsor Name
City Manager
Department:
Police
Short Title:
Mutual Aid Agreement (MAA) between City of Opa -locka and City of Hialeah.
Staff Summary:
Staff supports entering into agreement.
Proposed Action:
Attachment:
1. (2) sets of Mutual Aid Agreement between the City of Opa -locka and the City of Hialeah.
2. (2) sets of Joint Declaration Pursuant to the Mutual Aid Agreement attached to the MAA.
3. Draft City of Opa -locks Commission Resolution
4. Interoffice Memorandum from Mr. Baker to City Commission
5. Previous Mutual Aid Agreement dated 2/22/13
cvR- e- EAJ -
MAA Expires 1/1/15
MUTUAL AID AGREEMENT
Between the City of Hialeah and the City of Opa -locks
Municipal Police Departments
WHEREAS, it is the responsibility of the governments of the City of Hialeah and the City of Opa-
locka, Florida, to ensure the public safety of their citizens by providing adequate levels of police services
to address any foreseeable routine or emergency situation; and
WHEREAS, because of the existing and continuing possibility of the occurrence of law
enforcement problems and other natural and man -made conditions which are, or are likely to be,
beyond the control of the services, personnel, equipment, or facilities of Hialeah and Opa -locks Police
Departments; and
WHEREAS, in order to ensure that preparation of these law enforcement agencies will be
adequate to address any and all of these conditions, to protect the public peace and safety, and to
preserve the lives and property of the people of the Cities of Hialeah and Opa- locka; and
WHEREAS, the City of Hialeah and the City of Opa -locka have the authority under Chapter 23,
Florida Statutes, Florida Mutual Aid Act, to enter into a mutual aid agreement;
NOW, THEREFORE, BE IT KNOWN that the City of Hialeah, a political subdivision of the State of
Florida, and the City of Opa- locka, in consideration for mutual promises to render valuable aid in times
of necessity, do hereby agree to fully and faithfully abide by and be bound by the following terms and
conditions:
1. Short title: Mutual Aid Agreement (hereinafter referred to as MAA)
2. Description: Since this MAA provides for the requesting and rendering of assistance for both
routine and law enforcement intensive situations. This MAA combines the elements of both a
voluntary cooperation agreement and a requested operational assistance agreement, as
described in Chapter 23, Florida Statutes.
3. Definitions:
a. Joint Declaration: A document which enumerates the various conditions or situations
where aid may be requested or rendered pursuant to this Agreement, as determined by
concerned agency heads. The Joint Declaration between the City of Opa -locka and the
City of Hialeah is attached hereto as Exhibit "A" and is hereby incorporated by
reference. Subsequent to execution by concerned agency heads, the joint Declaration
shall be filed with the clerks of the respective political subdivisions and shall thereafter
become part of this Agreement. Said declaration, may be amended or supplemented at
any time by the agency heads by filing subsequent declarations with the clerks of the
respective political subdivisions.
Mutual Aid Agreement
Between the City of Hialeah and the City of Opa -locka Municipal Police Departments
b. Agency or participating law enforcement agency: Either the Hialeah or Opa -locka Police
Departments.
c. Agency head: the City of Hialeah Manager or his designee shall have the right to bind
the City of Hialeah, and the City Manager of Opa -locka or his designee shall have the
right to bind the City of Opa -locka in accordance with this Agreement.
d. Participating municipal police departments: The City of Hialeah and the City of Opa-
iocka.
e. Certified law enforcement employee: Any law enforcement employee certified as
provided in Chapter 943, Florida Statutes.
4. Operations:
a. In the event that a party to this Agreement is in need of assistance as specified in the
applicable joint declaration, an authorized representative of the police department
requiring assistance shall notify the agency from whom such assistance is requested.
The authorized agency representative whose assistance is sought shall evaluate the
situation and his available resources, and will respond in a manner deemed appropriate.
b. Each party to this Agreement agrees to furnish necessary manpower, equipment,
facilities, and other resources and to render services to the other party as required to
assist the requesting party in addressing the situation which caused the request;
provided, however, that no party shall be required to deplete unreasonably its own
manpower, equipment, facilities, and other resources and services in rendering such
assistance.
c. The agency heads of the participating law enforcement agencies, or their designees,
shall establish procedures for giving control of the mission definition to the requesting
agency, and for giving tactical control over accomplishing any such assigned mission and
supervisory control over all personnel or equipment provided pursuant to this
Agreement to the providing agency.
5. Powers, Privileges, immunities, and Costs:
a. All employees of the participating municipal police department, including certified law
enforcement employees as defined in Chapter 943, Florida Statutes, during such time
that said employees are actually providing aid outside of the jurisdictional limits of the
employing municipality pursuant to a request for aid made in accordance with this
Agreement, shall, pursuant to the provisions of Chapter 23, Florida Statutes, have the
same powers, duties, rights, privileges, and immunities as if they were performing their
duties in the political subdivision, in which they are normally employed.
b. The political subdivision having financial responsibility for the law enforcement agency
providing services, personnel, equipment, or facilities pursuant to the provisions of this
Agreement shall bear any loss or damage to same and shall pay any and all expenses
incurred in the maintenan- 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
2 cf 5
Mutual Aid Agreement
Between the City of Hialeah and the City of Opa -locks Municipal Police Departments
rendering aid pursuant to the Agreement during the time of the rendering of such aid
and shall defray the actual travel and maintenance expenses of such employees while
they are rendering such aid. Such compensation shall include any amounts paid or due
for compensation due to personal injury or death while such employees are engaged in
rendering such aid. Such compensation shall also include all benefits normally due such
employees.
d. All exemption from ordinances and rules, and all pensions, insurance, relief, disability,
workers' compensation, salary, death and other benefits which apply to the activity of
such officers, agents or employees of any such agency when performing their respective
functions within the territorial limits of their respective agencies shall apply to them to
the same degree, manner, and extent while engaged in the performance of their
functions and duties extra territorially under the provisions of this MAA. The provisions
of this Agreement shall apply with equal effect to paid and auxiliary employees.
6. Indemnification: The political subdivision having financial responsibility for the law enforcement
agency providing aid pursuant to this Agreement agrees to hold harmless, defend, and
indemnify the requesting law enforcement agency and its political subdivision in any suit, action,
or claim for damages resulting from any and all acts or conduct of employees of said providing
agency while providing aid pursuant to this Agreement, subject to Chapter 768, Florida Statutes,
where applicable.
7. Forfeitures: It is recognized that during the course of the operation of this Agreement, property
subject to forfeiture under the Florida Contraband Forfeiture Act, Florida Statutes, may be
seized. The property shall be seized, forfeited, and equitably distributed among the
participating agencies in proportion to the amount of investigation and participation performed
by each agency. This shall occur pursuant to the provisions of the Florida Contraband Forfeiture
Act.
8. Conflicts: Any conflicts between this Agreement and the Florida Mutual Aid Act will be
controlled by the provisions of the latter, whenever conditions exist that are within the
definitions stated in Chapter 23, Florida Statutes.
9. Effective Date and Duration: This Agreement shall be in effect from date of signing through and
including January 1, 2015. Under no circumstances may this Agreement be renewed, amended
or extended, except in writing.
10. Cancellation: This Agreerent may be canceller: by either party upon sixty (60) days written
notice to the other party.
SIGNATURES ONLY BEYOND THIS POIWT.
? of F
Mutual Aid Agreement
Between the City of Hialeah and the City of Opa -locka Municipal Police
AGREED TO AND ACKNOWLEDGED this day of
Carlos Hernandez, City /'yam yp r
City of Hialeah, Florida JJ
ATTEST:
6 y
City of Hialeah, Florida `f Cj C,:/e/`%C
APPROVED AS TO FORM
AND LEGAL SUFFICIENCY
William M. Grodnick, Vy Attorney
City of Hialeah, Florida
rtments
Kelviniker\, ity Manager
City of a- locka, Florida
ATTEST:
1oa Flores, Interim City Clerk
City h1 Opa- locka, Florida
APPROVED AS TO FORM
AND LEGAL SUFFICIENCY
phg. Geller, Mty Attorney
of oa- locka. Florida
ABOVE SIGNATURES COMPLETE
4of6
Mutual Aid Agreement
Between the City of Hialeah and the City of Opa -locks Municipal Police Departments
EXHIBIT "A"
JOINT DECLARATION BETWEEN
THE CHIEF OF THE CITY OF OPA -LOCKA POLICE DEPARTMENT
AN D
THE CHIEF OF THE CITY OF HIALEAH POLICE DEPARTMENT
PURSUANT TO A MUTUAL AID AGREEMENT
A police officer of either of the participating law enforcement agencies shall be considered to be
operating under the provisions of the mutual aid agreement when:
• Participating in law enforcement activities that are preplanned and approved by each respective agency
head, or
• Appropriately dispatched in response to a request for assistance from the other law enforcement agency
In compliance with and under the authority of the Mutual Aid Agreement heretofore entered into by the
City of Hialeah, Florida and the City of Opa- locka, Florida, it is hereby declared that the following list comprises
the circumstances and conditions under which mutual aid may be requested and rendered regarding police
operations pursuant to the Agreement. Said list may be amended or supplemented from time to time as
needs dictate by subsequent declarations.
1. Joint multi - jurisdictional criminal investigations,
2. Civil affray or disobedience, disturbances, riots, large protest demonstrations,
controversial trials, political conventions, labor disputes, and strikes.
3. Any natural disaster.
4. Incidents which require rescue operations and crowd and traffic control measures
including, but not limited to, large -scale evacuations, aircraft and shipping disasters,
fires, explosions, gas line leaks, radiological incidents, train wrecks and derailments,
chemical or hazardous waste spills, and electrical power failures.
S. Terrorist activities including, but not limited to, acts of sabotage.
5. 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.
11. Major events: e.g., sporting events, concerts, parades, fairs, festivals and conventions.
12. Security and escort duties for dignitaries.
13. Fmergency situations in which one agency cannot perform its functional objective.
14. incidents requiring utilization of specialized units: e.g., underwater recovery; aircraft,
canine, motorcycle, bomb, crime scene, marine patrol, and police information.
15 Joint training in areas of mutual need.
16. Joint multi - jurisdictional marine interdiction operations
5 ofb
Mutual Aid Agreement
Between the City of Hialeah and the City of Opa -locka Municipal Police Departments
The following procedures will apply in mutual aid operations:
1. Mutual aid requested or rendered will be approved by the Chief of Police or designee.
2. Specific reporting instructions for personnel rendering mutual aid should be included in
the request for mutual aid. In the absence of such instructions, personnel will report to
the ranking on -duty supervisor on the scene.
3. Communications instructions will be included in each request for mutual aid.
4. Incidents requiring mass processing arrestees, transporting prisoners, and operating
temporary detention facilities will be handled per established procedures.
X '49� � Z S
rgio Velazquez, Chief of Poli Date
City of Hialeah Florida
cgoeyl Caso , C ief of Police Date
City of Op locka, Florida
6of6
RESOLUTION NO. 13 -11
RESOLUTION OF 'I'HE MAYOR AND
THE CI'T'Y COUNCIL OF THE CITY OF
HIALEAH, FLORIDA AUTHORIZING
THE MAYOR AND THE CITY CLERIC,
ON BEHALF OF THE CITY, TO ENTER
INTO A MUTUAL AID AGREEMENT
WITH THE CITY OF OPA -LOCKA AS A
PARTICIPATING MUNICIPAL POLICE
DEPARTMENT TO PROVIDE FOR
REQUESTING AND RENDERING
ASSISTANCE FOR ROUTINE AND
INTENSIVE LAW ENFORCEMENT
SITUATIONS FROM DATE OF SIGNING
THROUGH AND INCLUDING
JANUARY 1, 2015, A COPY OF WHICH
IS ATTACHED HERETO AS EXHIBIT
"A„
WHEREAS, the City of Hialeah and the City of Opa -Loeka 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 law
enforcement situations; and
WHEREAS, Chapter 23, Florida Statutes, the "Florida Mutual Aid Act; permits
law enforcement agencies to enter into a combined mutual aid agreement which permits
voluntary cooperation and assistance of a routine or emergency law enforcement nature;
and
WHEREAS, a Mutual Aid Agreement of this nature would be beneficial to the
City of Hialeah.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND I'HE CITY
COUNCIL OF THE CITY OF HIALEAH, FLORIDA, THAT`:
Section 1: The City of Hialeah, Florida hereby authorizes the Mayor and the
City Clerk, on behalf of the City, to enter into a mutual aid agreement with the City of
Opa -Loeka as a participating municipal police department to provide for requesting and
rendering assistance for routine and intensive law enforcement situations from date of
Signing through and including January i. 2015, a copy of which is attached hereto.
Attest:
RESOLUTION NO
Page 2
PASSED AND ADOPTED this1 2 day of
Approved on this
/. /
V.':fFjo,*A-ct- ��CityClerk
Approved as to legal
sufficiency and as to form:
William M. Grod , City Attorney
s:Uegkontract (k)12013- resolution.mul- aid- agrmt- Wa locka.docx
Resolution was adopted by a 6 -0 vote with Councilmembers,
Casals- Munoz, Cue- Fuerte, Garcia- Martinez, Gonzalez,
Hernandez and Lozano voting "Yes ", Councilmember
Caragoi absent.
L
13-11
2013.
jj�day of C..��, 2013.
/Z__
Mayor Carlos 1-Hemandez
Draft Resolution
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 MUTUAL AID AGREEMENT AND A JOINT
DECLARATION PURSUANT TO THE MUTUAL AID AGREEMENT WITH THE
CITY OF HIALEAH, 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
Hialeah, 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 Hialeah 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 Mutual Aid Agreement and Joint Declaration pursuant to Mutual Aid Agreement with the
City of Hialeah, Florida, in substantially the form attached hereto, for law enforcement services and
resources.
PASSED AND ADOPTED this day of , 2014.
MAYOR
Proposed MAA Expires 1/1/20
MUTUAL AID AGREEMENT
Between the City of Hialeah, Florida and the
City of Opa- locka, Florida
Whereas, it is the responsibility of the governments of the City of Hialeah, Miami -Dade County,
Florida, and the City of Opa -locka Police Department, Miami -Dade County, Florida, to ensure the public
safety of their citizens by providing adequate levels of police services to address any foreseeable routine or
emergency situation; and
Whereas, because of the existing and continuing possibility of the occurrence of law enforcement
problems and other natural and man -made conditions which are, or are likely to be, beyond the control of the
services, personnel, equipment, or facilities of the City of Hialeah Police Department or the City of Opa-
locka Police Department; and
Whereas, in order to ensure that preparation of these law enforcement agencies will be adequate to
address any and all these conditions, to protect the public peace and safety, and to preserve the lives and
property of the people of the City of Hialeah and the City of Opa- locka; and
Whereas, City of Hialeah and the City of Opa -locka have the authority under Chapter 23, Florida
Statutes, Florida Mutual Aid Act, to enter into a Mutual Aid Agreement;
NOW, THEREFORE, BE IT KNOWN that the City of Hialeah and the City of Opa- locka,
municipal corporations of the State of Florida, by and through their 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 (MAA).
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 agency
heads, the joint declaration shall be filed with the clerks of the respective municipalities
and shall thereafter become part of this Agreement. Said declaration may be amended
or supplemented by mutual agreement at any time, upon filing a subsequent declaration
with the clerks of the respective municipalities.
1
b. Agency or participating Law Enforcement Agency: Either the City of Hialeah Police
Department or the City of Opa -locka Police Department.
C. Agency Head: Either the Chief of the City of Hialeah Police Department or the
Chiefs designee; and the Chief of the City of Opa -locka Police Department, or the
Chiefs designee.
d. Participating Municipal Police Department: The Police Department of
any municipality in Miami -Dade County, Florida, that has approved and executed
this Agreement upon the approval of the governing body of that municipality.
e. Certified Law Enforcement Employee: Any law enforcement employee certified as
provided in Chapter 943, Florida Statutes.
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 /her available resources, and will respond in
a manner deemed appropriate.
b. Each party to this Agreement agrees to furnish necessary manpower,
equipment, facilities and other resources and to render services to the other party as
required to assist the requesting party in addressing the situation which caused
the request; provided, however, that no party shall be required to deplete
unreasonably its own manpower, equipment, facilities, and other resources and
services in rendering such assistance.
C. The Agency Heads of the participating Law Enforcement Agencies, or their
designees, shall establish procedures for giving control of the mission definition to the
requesting Agency, and for giving tactical control over accomplishing any such
assigned mission and supervisory control over all personnel or equipment provided
pursuant to this Agreement to the providing Agency.
5. Powers, Privileges, Immunities, and Costs:
a. All employees of the participating Law Enforcement Agencies, including certified
law enforcement employees as defined in Chapter 943, Florida Statutes, during such
2
time that said employees are actually providing aid outside of the jurisdictional limits
of the employed 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 municipality in which they are normally employed.
b. The municipality 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 municipality 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 actual travel and maintenance expenses of such employees while they are
rendering such aid. Such compensation shall include any amounts paid or due for
compensation due to personal injury or death while such employees are engaged in
rendering such aid. Such compensation shall also include all benefits normally due such
employees.
d. All exemption from 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, reserve, and auxiliary
employees.
6. Indemnification:
The municipality 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 municipality in any suit, actions, 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.
3
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, 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, less the costs associated
with the forfeiture action. Any participating agency must request sharing, in writing before the
entry of the Final Order of Forfeiture, or they will be barred from claiming any portion of the
property forfeited. The municipality in which any property is seized pursuant to the Florida
Contraband Forfeiture Act shall have priority to initiate forfeiture proceedings under the Florida
Contraband Forfeiture Act for any matters which arise from a mutual aid event that is covered by
this Agreement, but may allow the other municipality to prosecute the forfeiture with the written
authorization of the legal counsel for each municipality. 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 provisions of the Florida Contraband Forfeiture
Act.
8. Conflicts: Any conflicts between this Agreement and the Florida Mutual Aid 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 10, 2020. Under no circumstances may this Agreement be
renewed, amended, or extended except in writing.
10. Cancellation: This Agreement may be canceled by either party upon sixty (60) days written
notice to the other party. Cancellation will be at the discretion of the Chief Executive
Officers of the parties hereto.
AGREED TO AND ACKNOWLEDGED this day of , 2014.
(REMAINDER OF PAGE INTENTIONALLY LEFT BLANK)
4
Carlos Hernandez, Mayor
City of Hialeah, Florida
Date:
Attest:
Marbelys Fatjo
City Clerk
City of Hialeah, Florida
Date:
Approved as to form and
legal sufficiency:
Lorena Bravo
Acting City Attorney
Kelvin L. Baker, Sr., City Manager
City of Opa- locka, Florida
Date:
Attest:
Joanna Flores
City Clerk
City of Opa- locka, Florida
Date:
Approved as to form and
legal sufficiency:
Joseph Geller
City Attorney
Date: Date:
JOINT DECLARATION OF THE CHIEF OF POLICE OF THE CITY OF
HIALEAH POLICE DEPARTMENT AND THE CHIEF OF POLICE OF THE
CITY OF OPA -LOCKA POLICE DEPARTMENT PURSUANT TO
THE MUTUAL AID AGREEMENT
A Police Officer of either of the participating Law Enforcement Agencies shall be considered to
be operating under the provisions of the Mutual Aid Agreement when:
• Participating in law enforcement activities that are pre - planned and approved by each
respective Agency Head, or
• 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 Hialeah 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 by subsequent declarations.
1) Joint multi - jurisdiction criminal investigations.
2) Civil affray or disobedience, disturbance, riots, large protest demonstrations, controversial trials,
political conventions, labor disputes, and strikes.
3) Any natural disaster.
4) Incidents that require rescue operations and crowd traffic control measures including, but
not limited to, large -scale evacuations, aircraft and shipping disasters, fires, explosions,
gas line leaks, radiological incidents, train wrecks and derailments, chemical or hazardous,
waste spills, and electrical power failures.
5) Terrorist activities including, but not limited to, acts of sabotage.
6) Escapes from or disturbances within detention facilities.
7) Hostage and barricaded subject situations, and aircraft piracy.
8) Control of major crime scenes, area searches, perimeter control, backups to emergency
and in- progress calls, pursuits, and missing persons' calls.
9) Enemy attack.
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.
0
13) Emergency situations in which one agency cannot perform its functional objective.
14) Incidents requiring utilization of specialized units; e.g., underwater recovery, aircraft,
canine, motorcycle, bomb, crime scene, SWAT, marine patrol, and police information.
15) Joint training in areas of mutual need.
16) Participating in exigent situations, without the need for a formal request, which situations are
spontaneous occurrences such as area searches for wanted subjects, perimeters, crimes in progress,
escaped prisoners, traffic stops near municipal boundaries, request for assistance when no available
units are nearby, calls or transmissions indicating an officer is injured, calls indicating a crime or
incident has occurred in which a citizen may likely be injured and the assisting municipality is closer
to the area than the officer receiving the call;
17) Mutual enforcement of all existing applicable laws and ordinances and exercise of arrest powers
within the area comprising the respective jurisdictional municipal boundaries.
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
Hialeah Department Communications Bureau will maintain 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 procedures.
Sergio Velazquez Jeffrey Key
Chief of Police Chief of Police
City of Hialeah, Florida City of Opa- locka, Florida
Date: Date:
Attest: Attest:
Marbelys Fatjo
Joanna Flores
City Clerk
City Clerk
City of Hialeah, Florida
City of Opa- locka, Florida
Date:
Date:
Approved as to form and
Approved as to form and
Legal sufficiency:
legal sufficiency:
Lorena Bravo
Joseph Geller
City Attorney
City Attorney
Date:
Date:
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