HomeMy Public PortalAbout15-8941 MMA w/MDC Multi Agency Gang Task ForceSponsored by: City Manager
RESOLUTION NO. 15 -8941
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF OPA- LOCKA, FLORIDA, TO AUTHORIZE THE CITY
MANAGER AND OPA- LOCKA'S POLICE CHIEF TO ENTER
INTO AND EXECUTE A MUTUAL AID AGREEMENT (MAA)
WITH THE MIAMI -DADE COUNTY MULTI - AGENCY GANG
TASK FORCE; PROVIDING FOR INCORPORATION OF
RECITALS; PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City of Opa -locka ( "City ") desires to work together, with the Miami-
Dade County Multi- Agency Gang Task Force to conduct proactive gang enforcement operations;
and
WHEREAS, the Mutual Aid Agreement ( "MAA ") with Miami -Dade County Multi-
Agency Gang Task Force provides mutually beneficial support with regard to law enforcement
services and resources to adequately respond to intensive situations; and
WHEREAS, the City Commission desires to authorize the City Manager and the Opa-
locka Police Chief to enter into and execute a Mutual Aid Agreement with Miami -Dade County
for the Multi- Agency Gang Task Force.
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 Opa -locks Police Chief to enter into and execute an a Mutual
Resolution No. 15 -8941
Aid Agreement with Miami -Dade County for the Multi- Agency Gang Task Force, substantially
in the form attached hereto.
Section 3. This resolution shall take effect immediately upon adoption
PASSED AND ADOPTED this 11th day of March, 2015.
Attest to:
na Flores
Clerk
Moved by:
Seconded by:
Commission Vote:
Commissioner Kelley:
Commissioner Pinder:
Commissioner Santiago:
Vice -Mayor Holmes:
Mayor Taylor:
Approved as to form and legal sufficiency:
COMMISSIONER KELLEY
COMMISSIONER PINDER
4 -0
YES
YES
YES
NOT PRESENT
YES
Vince T. Brown
City Attorney
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City of Opa -Locka
Agenda Cover Memo
Commission Meeting
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Sponsor Name
Department:
City Manager
Police
Short Title:
Mutual Aid Agreement between Miami -Dade County and
City of Opa -locks for the Multi- Agency Gang Task Force.
Staff Summary:
Staff supports entering into agreement.
Proposed Action:
Attachment:
1. (4) sets of Mutual Aid Agreement between Miami -Dade County and City of Opa -locks for the
Multi- Agency Gang Task Force, executed on behalf of Miami -Dade County.
2. Draft Resolution
3. Agenda Cover Memo and Interoffice Memorandum
Memorandum
TO: Mayor
Vice Mayor
Commissioner
Commissioner
Commissioner
FROM: Kelvin L. Baker, Si
DATE: February 4, 2015
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Myra L. Taylor
Timothy Holmes
Joseph L Kelley
Terence K. Pinde
Luis B. anti o
City Mana
RE: Mutual Aid Agreement between Miami -Dade County and
City of Opa -locks for the Multi- Agency Gang Task Force
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 BETWEEN THE CITY OF OPA-
LOCKA AND MIAMI -DADE COUNTY FOR THE MULTI - AGENCY GANG TASK FORCE
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: Multi- agency gang task force which was created to conduct proactive gang
enforcement operations and investigate criminal gang activity, apprehend, and
prosecute those who are outside of the jurisdictional boundaries of Miami -Dade
County and City of Opa- locka, as both parties recognize that criminals do not
operate with regard to jurisdictional boundaries.
Recommendation(s): Staff Recommends Approval.
Attachments: 1. (4) sets of Mutual Aid Agreements between Miami -Dade County and City of
Opa -locka for the Multi- Agency Gang Task Force, executed on behalf of Miami -
Dade County; 2. Draft Resolution; 3. Agenda Cover Memo
Prepared by: Clancy Huckleberry, Executive Secretary
End of Memorandum
1
MUTUAL AID AGREEMENT
BETWEEN
MIAMI -DADE COUNTY
AND
CITY OF OPA -LOCKA
FOR THE
MULTI - AGENCY GANG TASK FORCE
WHEREAS, it is the responsibility of the governments of Miami -Dade County and the
City of Opa -locka to ensure the public safety of their citizens by providing adequate levels of
police services; and
WHEREAS, Miami -Dade County and the City of Opa -locka have the authority under
Section 23.12, Florida Statutes, et seq., the Florida Mutual Aid Act, to enter into a Mutual Aid
Agreement; and
WHEREAS, this Mutual Aid Agreement is entered into by Miami -Dade County, by and
through its department, the Miami -Dade Police Department and the City of Opa- locka, by and
through its department, the Opa -locks Police Department. For readability and brevity, this
Mutual Aid Agreement will herein be referred to as the "MAA ", Miami -Dade County will be
referred to as the "COUNTY ", the City of Opa -locka will be referred to as the "AGENCY ", and
when referred to collectively the COUNTY and AGENCY will be referred to as the "PARTIES ",
and where referred to singularly, the COUNTY or AGENCY may be referred to as a "PARTY ";
and
WHEREAS, the purpose of this MAA is to allow the AGENCY to assist the COUNTY
with its Multi- Agency Gang Task Force, referred to as MAGTF, which was created to conduct
proactive gang enforcement operations and investigate criminal activity, apprehend, and
prosecute those who are outside of the jurisdictional boundaries of the AGENCY as both
PARTIES recognize that criminals do not operate with regard to jurisdictional boundaries; and
WHEREAS, the apprehension and prosecution of these criminals should reduce crime
both inside and outside AGENCY limits regardless of where these criminals are ultimately
apprehended; and,
WHEREAS, this MAA is separate from, and more specific in purpose than, the "Law
Enforcement Mutual Aid Agreement for Voluntary Cooperation and Operational Assistance,"
signed by COUNTY and AGENCY representatives,
NOW, THEREFORE, BE IT KNOWN that the COUNTY and the AGENCY, and the
undersigned representatives, invoke mutual aid and voluntary cooperation between the Director
of the Miami -Dade Police Department and the Chief of Police of the Opa -locka Police
Department by signing this MAA, for the purposes described herein pursuant to the Florida
Mutual Aid Act, ss. 23.12 - 23.22, Florida Statutes, and in consideration for mutual promises to
render valuable aid, do hereby agree to fully and faithfully abide by and be bound by the
following terms and conditions.
SECTION I. DEFINITIONS
1. Chief Executive Official: Either the Mayor of the COUNTY, or the Government Executive
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(highest ranking official) of the AGENCY, who has the authority to contractually bind the
respective law enforcement agency and has executed this Agreement, upon the
approval of the governing body of each of the PARTIES. Subsequent to the execution by
the executive officials, this Agreement shall be filed with the Clerk of the Court for the
COUNTY, and the Clerk of the AGENCY. This MAA may be amended at any time by
filing subsequent Amendment(s), which will be subject to the same approval process,
and shall thereafter become a part of this MAX
2. Miami -Dade Police Department head: The Director of the Miami -Dade Police
Department, or the Director's designee; and the Chief of Police of the Opa -locks Police
Department, or the Chief's designee.
3. Certified law enforcement employee: Any law enforcement employee certified as
provided in Chapter 943, Florida Statutes.
SECTION II. TERMS AND PROCEDURES
1. Operations:
a. The AGENCY agrees to furnish necessary manpower, equipment, facilities, and
other resources and to render services to the COUNTY as required to assist the
COUNTY to investigate, apprehend and prosecute those people who are engaging in
criminal gang activity, and other violent crimes, outside of the jurisdictional
boundaries of the AGENCY, however, the AGENCY shall not be required to deplete
unreasonably its own manpower, equipment, facilities, and other resources and
services in rendering such assistance.
b. The agency heads, or their designees, shall establish procedures for giving control of
the mission definition to the COUNTY, and for giving tactical control over
accomplishing any such assigned mission and supervisory control over all personnel
or equipment provided pursuant to this MAA to the COUNTY.
2. Powers, Privileges, Immunities, and Costs:
a. All employees of the Opa -locks 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 City pursuant to a request for aid made in accordance with this MAA, 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 for
the party by which they are normally employed.
b. The party having financial responsibility for the law enforcement agency providing
services, personnel, vehicles, equipment, or facilities pursuant to the provisions of
this MAA 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 AGENCY shall compensate all of its employees rendering aid pursuant to this
MAA 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 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 pension, insurance, relief, disability,
workers' compensation, salary, death, and other benefits which apply to the activity
of such officers, agents, or employees of any PARTY 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 MAX The
provisions of this MAA shall apply with equal effect to paid and auxiliary employees.
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3. Indemnification: Each PARTY participating in the Multi- Agency Gang Task Force
pursuant to this MAA agrees to assume responsibility for the acts, omissions, or conduct
of such party's own employees while participating herein and pursuant to this MAA,
subject to the provisions of Section 768.28, Florida Statutes, where applicable. "Assume
Responsibility" shall mean incurring any and all costs associated with any suit, action, or
claim for damages arising from the performance of this agreement.
4. Forfeitures: Investigators operating pursuant to this MAA may encounter property
subject to forfeiture pursuant to the Florida Contraband Forfeiture Act, Florida Statutes.
Such property may be seized, forfeited, and equitably distributed among the PARTIES in
proportion to the amount of investigation and participation performed by each law
enforcement agency, less the costs associated with the forfeiture action. The COUNTY
shall have the exclusive right to control and maintain the property, including, but not
limited to, the complete discretion to bring the action, or to dismiss the action, or to
negotiate a settlement. All seizures (currency, narcotics, evidence or other property) will
remain in the control and custody of Miami -Dade Police officers and will be impounded
in accordance with COUNTY procedures. The AGENCY must request its share of
seized property in writing when the initial seizure documentation is provided to the
Miami -Dade Police Department, Police Legal Bureau, or the AGENCY will be barred
from claiming any portion of the seized property that may be ultimately forfeited.
5. Conflicts: Any conflicts between this MAA and the Florida Mutual Aid Act will be
controlled by the provisions of the latter, whenever conditions exist that are within the
definitions stated in Chapter 23, Florida Statutes.
SECTION III. COMMAND AND SUPERVISORY RESPONSIBILITY
1. Command: The personnel and equipment that are assigned by the AGENCY shall be
under the immediate command and direct supervision of a supervising officer designated
by the Director of the Miami -Dade Police Department, or his /her designee.
2. Conflicts: Whenever an officer is rendering assistance pursuant to this MAA, 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. If any such rule,
regulation, personnel policy, general order or standard operating procedure is
contradicted, contravened or otherwise in conflict with a direct order of a superior officer
of the COUNTY, then such rule, regulation, policy, general order or procedure of the
AGENCY shall control, and shall supersede the direct order.
3. Complaints: Whenever there is cause to believe that a complaint has arisen as a result
of a cooperative effort as it may pertain to this MAA, the Director or Chief of Police, or
his /her designee of the agency employing the officer who is the subject of the complaint
shall be responsible for the investigation of the complaint. The Director or Chief of
Police or designee should ascertain at a minimum:
• The identity of the complainant;
• An address where the complainant can be contacted;
• The specific allegation; and;
• The identity of the employees accused without regard as to agency affiliation.
If it is determined during the investigation of a complaint that the accused is an
employee of the 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 COUNTY 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 COUNTY violated any of the COUNTY's policies or
procedures.
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SECTION IV. PROVISIONS FOR MUTUAL AID AND VOLUNTARY AND OPERATIONAL
ASSISTANCE
1. In compliance with and under the authority of this MAA heretofore entered into by the
COUNTY and the AGENCY, it is hereby declared that COUNTY is requesting assistance
from the AGENCY to investigate, apprehend and prosecute those people who are
engaging in criminal gang activity, and other crimes, outside of the jurisdictional
boundaries of the AGENCY.
2. A deputy sheriff or police officer of either the COUNTY or the AGENCY shall be
considered to be operating under the provisions of this MAA when participating in law
enforcement activities that are preplanned and approved by each respective agency
head or appropriately dispatched for the purposes of this MAA.
3. The AGENCY agrees to provide personnel to the COUNTY to achieve the purposes of
this MAA. AGENCY personnel will only be assigned to participate in operations and
investigations governed by this MAA after receiving approval from the COUNTY through
the Miami -Dade Police Department.
4. The COUNTY and the AGENCY will furnish their own vehicles and will be responsible
for the expenses, maintenance and any liability incurred with respect to the use of their
respective vehicles.
5. RECORDS AND REPORTS: All investigative reports and arrest reports will be
maintained by the COUNTY. With respect to any other records that either PARTY may
maintain, each PARTY agrees to comply with public records laws. More specifically,
each PARTY will:
a. Keep and maintain public records that ordinarily and necessarily would be required
by the PARTY in order to perform the services required by this MAX
b. Provide the public with access to public records at a cost that does not exceed the
cost provided in Chapter 119, Florida Statutes, or as otherwise provided by law.
c. Ensure that public records that are exempt or confidential and exempt from public
records disclosure requirements are not disclosed except as authorized by law.
d. Meet all requirements for retaining public records and transfer, at no cost, to the
other PARTY.
6. PROSECUTION: The criteria for the decision whether to have any particular case
prosecuted in the State or Federal system will be based on which level of prosecution
and venue would provide the greatest benefit to the overall objectives of the
investigation. In all cases, timely notification will be made to the appropriate prosecuting
authority.
7. SCHEDULE OF WORK HOURS: Work hours may vary to meet operational needs.
8. INFORMANTS: Funds to pay any confidential informants for information relating to
criminal activity will be supplied by the confidential informants' controlling police
department. Informants will be paid in accordance with the specific department's rules
and regulations.
9. RELEASE OF INFORMATION TO THE PRESS: At no time will any employee of either
PARTY release to or discuss with any member of the press any aspect of operations or
any aspect of the direction, focus, or general purpose of the investigation without first
consulting with the appropriate supervisor of the Miami -Dade Police Department.
Subsequent to the consultation, officers acting pursuant to the MAA will discuss any
information release with the affected investigators and /or prosecutors to assure that the
integrity of the investigation will not be jeopardized. In most, if not all access, the release
of any information, no matter how generic, will be made jointly with the participation of
both PARTIES and pursuant to Florida Statutes Chapter 119 and any other applicable
statutes governing the disclosure of public records.
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SECTION V. EFFECTIVE DATE
This Agreement shall be in effect from the date of signing and will continue year to year.
Under no circumstances may this MAA be renewed, amended, or extended except in
writing.
SECTION VI. CANCELLATION
This Agreement may be cancelled by either PARTY upon thirty (30) days written notice
to the other PARTY. Cancellation will be at the discretion of the chief executive official
of the PARTIES hereto.
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. 4y
AGREED TO AND ACKNOWLEDGED this day of , 20_
FOR MIAMI
J. D. Patt
Director,
COUNTY:
Police Department
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'.�1 Ct]!taiy
......•••'•
FOR THE CITY OF OPA- LOCKA:
Kelvin L. Ba4r Sk, City Ma ager Date
Jeff Key, Chief Date
Opa -Locka Police Department
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