HomeMy Public PortalAbout15-8955 Excute a MAA w/the City of Miami GardensSponsored by: City Manager
RESOLUTION NO. 15-8955
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF OPA- LOCKA, FLORIDA, AUTHORIZING THE
CITY MANAGER AND POLICE CHIEF TO ENTER INTO
AND EXECUTE A MUTUAL AID AGREEMENT WITH THE
CITY OF MIAMI GARDENS, FLORIDA
WHEREAS, the City of Opa -locka and Miami Gardens Police Departments
are located in such close proximity to each other that it is to the mutual benefit of
both cities to execute a mutual aide agreement; and
WHEREAS, it is in the public interest for the City of Opa -locka to enter into
this Agreement and such an Agreement is permissible under Section 23.12, Florida
Statutes, the Florida Mutual Aid Act; and
WHEREAS, the Agreement is attached as Exhibit "A" to this Resolution.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE CITY
COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA:
Section 1. The recitals herein are incorporated by reference.
Section 2. The City Manager is authorized to enter into and execute a Mutual
Aid Agreement with the City of Miami Gardens in the form attached as
Exhibit "A ".
Section 3. This Resolution shall take effect immediately upon adoption.
PASSED AND ADOPTED this 13th day of A1r 2015.
Resolution No. 15 -8955
(4yra L aylor
Mayor
Attest to:
J04ina Flores
City Clerk
Moved by:
Seconded by:
Commissioner Vote:
Approved as to form and legal sufficiency:
iVincent T. Brown
City Attorney
VICE MAYOR HOLMES
COMMISSIONER PINDER
4 -0
Commissioner Kelley:
NOT PRESENT
Commissioner Pinder:
YES
Commissioner Santiago:
YES
Vice Mayor Holmes:
YES
Mayor Taylor:
YES
Q .to�kq
Oq�GNi kt'T
Kelvin L. Baker, Sr.
City Manager
Memorandum
To: Joanna Flores, City Clerk
From: Kelvin L. Baker, Sr., City
Date: March 19, 2015
A ECEIV
Y CL �
2015 MAR 19 pM 1:11
Office: 305 - 953 -2821
305 - 953 -2823
Fax: 305 - 953 -2870
Re: Resolutions and /or Ordinances for the 03.19.2015 Commission Meeting Agenda
Please place attached resolutions and /or ordinances sponsored by my office on the agenda for the March 25, 2015
Commission Meeting:
Sponsor(s):
Description of Resolution(s) and /or Ordinance(s):
City Manager
Resolution: A resolution from the Commissioners of Opa -locka to authorize the City
Manager and City Police Chief to enter into and execute a Mutual Aid
Agreement(MAA) between the City of Opa -locka and The City of Miami Gardens,
Florida.
TOTAL
11 Agenda Item
If you have any questions, please advise.
Cc: Joseph S. Geller, City Attorney
End of Memorandum
CITY HALL 3400 N.W. 135''' STREET, BUILDING "B ", OPA- LOCKA, FLORIDA 33054 (305) 953 -2821
AN EQUAL OPPORTUNITY EMPLOYER AND DOES NOT DISCRIMINATE ON THE BASIS OF HANDICAP
ro, 1�
C.�J ,��,
09nOn ' O.'
Memorandum
TO: Mayor
Myra L. Ta or
Vice Mayor
Timothy o mes
Commissioner
Jos h . K Iley
Commissioner
Tere ce K. i der
Commissioner
Luis B San i
FROM: Kelvin L. Baker, Sr., City
Manag
DATE: February 23, 2015
RE: Mutual Aid Agreement with the City of Miami Gardens
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 THE CITY OF MIAMI GARDENS, 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: Opa -locka Resolution: 10 -8000
Analysis: Mutually beneficial support during times of crisis.
Recommendation(s): Staff Recommends Approval.
Attachments:
1. Two (2) original sets of the proposed 2015 — 2020 Mutual Aid Agreement (already signed by
Miami Gardens) between the City of Opa -locka and the City of Miami Gardens.
2. 2015 — 2020 Draft Resolution
3. Agenda Cover Memo
4. Interoffice Memorandum
5. Resolution 10 -8000
6. Expired 2010 - 2015 Mutual Aid Agreement between the City of Opa -locka and the City of Miami
Gardens
Prepared by: Clancy Huckleberry, Executive Secretary
End of Memorandum
ZAAgenda Items and Resolutions - Commission\MAA +MOU Cities PDs\Miami Gardens\Agenda Item Memo Mia Gdns.doc
qp o g
City of Opa -Locka
Agenda Cover Memo
Commission Meeting
Item Type:
Resolution
Ordinance
Other
X
Date:
(EnterX in box)
Fiscal Impact:
(Enter X in box) n/a
Yes
No
Ordinance Reading:
(Enter X in box)
1st Reading
2nd Reading
x
Public Hearing:
Yes
No
Yes
No
X
X
(Enter X in box)
Funding Source:
(Enter Fund & Dept)
Advertising Requirement:
Yes
No
X
(Enter AcctNo.) n/a
n/a
(EnterX in box)
ITEM BUDGETED:
YES
NO
Contract /P.O. Required:
Yes
No
RFP /RFQ /Bid #: n/a
(Enter X in box)
N/A
Strategic Plan Related
(Enter X in box)
Yes
No
Strategic Plan Priority Area:
Enhance Organizational p
Strategic Plan Obj. /Strategy: (list the
specific objective /strategy this item will address)
x
Bus. & Economic Dev p
Public Safety X
Quality of Education E3
Qual. of Life & City Image p
Communcation
Sponsor Name
Department:
City Manager
Police
Short Title:
Mutual Aid Agreement between City of Opa -locka and City of Miami Gardens.
Staff Summary:
Staff supports entering into agreement.
Proposed Action:
Attachment:
1. Two (2) original sets of the proposed 2015 — 2020 Mutual Aid Agreement (already signed by Miami
Gardens) between the City of Opa -locka and the City of Miami Gardens.
2. 2015 — 2020 Draft Resolution
3. Agenda Cover Memo
4. Interoffice Memorandum
5. Resolution 10 -8000
6. Expired 2010 - 2015 MAA
Z: \Agenda Items and Resolutions - Commission \MAA +MOU Cities PDs \Miami Gardens \Agenda Cover Mia Gdns.doc
Sponsored by: City Manager
Resolution No. 10- 8 0 0 0
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF OPA- LOCKA, FLORIDA AUTHORIZING THE
CITY MANAGER TO ENTER INTO AND EXECUTE AN
OPERATIONAL ASSISTANCE MUTUAL AID AGREEMENT
WITH THE CITY OF MIAMI GARDENS, FLORIDA, IN
SUBSTANTIALLY THE FORM ATTACHED HERETO, 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, Florida and the City of
Miami Gardens, Florida are so located in relation to each other such that it is advantageous for each
to receive an extended mutual aid agreement for law enforcement services and resources; and
WHEREAS, the City of Opa -locka and the City of Miami Gardens are authorized to enter
into a mutual aid agreement pursuant to Section 23.12, Florida Statues, Florida Mutual Aid Act,
NOW, THEREFORE, BE IT DULY RESOLVED BY THE CITY COMMISSION OF
THE CITY OF OPA- LOCKA, FLORIDA:
Section 1. The recitals to the preamble herein are incorporated by reference.
Section 2. The City Manager is hereby authorized to enter into and execute an
Operational Assistance Mutual Aid Agreement with the city of Miami Gardens, Florida, in
substantially the form attached hereto, for law enforcement services and resources.
Section 3. This resolution shall take effect immediately upon adoption.
Resolution No. 10-
PASSED AND ADOPTED this 13 day of JANUARY
Attest to:
D ORA S.IRBY
CITY CLE
Moved by:
Second by:
Commission Vote:
Commissioner Holmes:
Commissioner Johnson:
Commissioner Tydus:
Vice -Mayor Taylor:
Mayor Kelley:
HOLMES
JOHNSON
5 -0
YES
YES
YES
YES
YES
2010.
to YOR
Approved as to form and legal sufficiency:
JOI'H4i. GELLER, ESQUII
IN ERI CITY ATTORNEY
01/13/2010
DATE
MUTUAL AID AGREEMENT
Between the City of Miami Gardens and the City of Opa -Locka
Municipal Police Departments
Whereas, it is the responsibility of the governments of the City of Miami
Gardens 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 the Miami Gardens and 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
Cities of Miami Gardens and Opa Locka; and
Whereas, the City of Miami Gardens 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 Miami Gardens, 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
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. The Joint
Declaration between the City of Opa Locka and the City of Miami
Gardens 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.
b. Agency or participating law enforcement agency: Either the Miami
Gardens or Opa Locka Police Departments.
N
c. Agency head: the City of Miami Gardens Manager or his designee shall
have the right to bind the City of Miami Gardens, 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 department: The City of Miami Gardens
and Opa Locka.
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
3
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 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
0
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, insurances,
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 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,
5
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 Agreement :may be cancelled by eit party upon sixty (60)
days written notice to the other y. AGREED TO AND �OWLE D this day of�r , 2009.
Dr. D O. Crew, City Manager
City o iami Gardens, Florida
ATTEST:
Ronetta Taylor, e4 Clerk
City of Miami Gardens Florida
APPROV AS TO FORM
AND LEC.AL SUFFICIENCY
Knighton- Dickens, City Attorney
of Miami Gardens, Florida��P�
R
e'Finnie, City Manager
Opa Locka, Florida
ATTEST:
•r���G -�-- lees
City Clerk
ity of Opa Locka, Florida
APPROVED AS TO FORM
AND LEGA SU FICIE
es S, 6e i ler
�C:itk Attn Pv
of Opa Locka, Florida
JOINT DECLARATION BETWEEN THE CHIEF OF THE CITY OF OPA LOCKA
POLICE DEPARTMENT AND THE CHIEF OF THE CITY OF MIAMI GARDENS
POLICE DEPARTMENT PURSUANT TO A MUTUAL AID AGREEMENT
A police officer of either of the participating law enforcement agencies shall be consi-
dered 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 Miami Gardens, 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 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 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 elec-
trical 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, 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. 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.
4. Incidents requiring mass processing of arrestees, transporting prisoners, and
operating temporary detention facilities will be handled per established pro-
cedures.
Iatthe oy , ief Date
Miami Gar 0' partment
$ D9
,Tames Smith, ofj Date
Opa a olice Department
Fa
MUTUAL AID AGREEMENT
BETWEEN THE CITY OF MIAMI GARDENS AND
THE CITY OF OPA -LOCKA
WHEREAS, it is the responsibility of the governments of the City of
Miami Gardens 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, or are likely to be, beyond the control of the services, personnel,
equipment, or facilities of the Miami Gardens Police Department and 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 of these conditions, to
protect the public peace and safety, and to preserve the lives and property of
the people of the Cities of Miami Gardens and Opa- Locka; and,
WHEREAS, the City of Miami Gardens 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 for law enforcement
service which provides for rendering of assistance in a law enforcement
service.
NOW, THEREFORE, that the City of Miami Gardens, a political
subdivision of the State of Florida, and the City of Miramar, a political
subdivision of the State of Florida, in consideration of mutual promises to
render valuable aid in times of necessity, do hereby agree to fully and
faithfully abide by and be bound by the following terms and conditions:
SECTION I: SHORT TITLE
Mutual Aid Agreement
SECTION II: 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.
SECTION III: 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 Police
Department and the City of Miami Gardens Police Department 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.
B. Agency or participating law enforcement agency: Either the Miami
Gardens Police Department or Opa -Locka Police Department.
C. Agency head: Either the Chief of the City of Miami Gardens Police
Department, or the Chief's designee, and the Chief of the City of
Opa -Locka Police Department or the Chief's designees.
D. Participating municipal police department: The City of Miami Gardens
and Opa- Locka.
E. Certified law enforcement employee: Any law enforcement employee
certified as provided in Chapter 943, Florida Statutes.
SECTION IV: 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.
F)
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.
D. Whenever an officer or other employee is rendering assistance
pursuant to the is agreement, the officer or employee shall abide by
and be subject to the rules and regulations, personnel policies,
general orders and standard operating procedures of his /her own
employing agency. If any such rule, regulation, personnel policy,
general order or standard operating procedure is contradicted,
contravened or otherwise in conflict with a direct order of a superior
officer of the requesting agency, then such rule, regulation, personnel
policy, general order or procedure shall control and shall supersede
the direct order.
E. 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
agency head or his /her designee of the requesting agency shall be
responsible for the documentation of said complaint to ascertain at a
minimum:
1.The identity of the complainant.
2.An address where the complaining party can be contacted.
3. The specific allegation.
4.The identity of the accused employee(s) without regard to agency
affiliation.
If it is determined that the accused is an employee of the assisting
agency, the above information, with all pertinent documentation
gathered during the receipt and processing of the complaint, shall be
forwarded without delay to the agency head or his /her designee of
the assisting agency for administrative review. The requesting
agency may conduct a review of the complaint to determine if any
factual basis for the complaint exists and /or whether any of the
employees of the requesting agency violated any of their agency's
policies or procedures.
SECTION V: 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
3
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. All exemption from ordinances and rules, and all pensions, insurances,
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.
E. This agreement creates no rights or benefits in favor or any third
parties and there are no intended third party beneficiaries with regard
to the provisions herein.
F. Nothing in this agreement is intended or is to be construed as any
transfer or contracting away of the powers or functions of one party
hereto to the other.
SECTION VI: INDEMNIFICATION
A. The political subdivision having financial responsibility for the law
enforcement agency providing aid pursuant to this Agreement agrees
2
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.
B. Each party engaging in any mutual cooperation and assistance,
pursuant to this Agreement, agrees to assume responsibility for the
acts, omissions, or conduct of such party's own employee while
engaged in rendering such aid pursuant to this Agreement subject to
the provisions of Section 768.28, Florida Statutes, where applicable.
C. Each party shall provide satisfactory proof of liability insurance or self -
insurance by one or more of the means specified in §768.28(16)(a),
Florida Statutes, in an amount which is, in the judgment of the
governing body of that party. Should insurance coverage of any party
be cancelled or undergo material change, that party shall notify all
parties to this agreement of such change within ten (10) days of receipt
of notice or actual knowledge of such chance.
SECTION VII: FORFEITURES
A. During the course of this Agreement, real property, vessel, motor
vehicle, aircraft, currency or other property may be seized and subject
to forfeiture under the Florida Contraband Forfeiture Act,. The
jurisdiction in which the property was seized shall be considered the
seizing agency. The seizing agency pursuing the forfeiture action shall
have the exclusive right to control and the responsibility to maintain the
property in accordance with Chapter 932, Florida Statutes, to include,
but not be limited to, the complete discretion to bring the action or
dismiss the action.
B. All proceeds from the forfeited property as a result of or in accordance
with this Agreement shall be 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.
SECTION VIII: 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.
5
SECTION IX: EFFECTIVE DATE AND DURATION
This Agreement shall be in effect from date of signing, through and including,
January 1, 2020. Under no circumstances may this Agreement be renewed,
amended, or extended except in writing.
SECTION X: CANCELLATION
This Agreement may be cancelled by either party upon sixty (60) days written
notice to the other party.
AGREED TO AND ACKNOWLEDGED this
Cameron Benson, City Manager y
City of Miami Gardens, Florid
ATTEST:
Ronetta Taylor, Ci lerk
City of Miami Ga ns Florida
APPggVED AS TO FORM
AND LEGAL SUFFICIENCY
Sonj4�Dickens, City Attorney
City of Miami Gardens, Florida
2
day of
, 201_
Kelvin L. Baker, Sr., City Manager
City of Opa Locka, Florida
ATTEST:
Joanna Flores, City Clerk
City of Opa Locka, Florida
APPROVED AS TO FORM
AND LEGAL SUFFICIENCY
Joe Geller, City Attorney
City of Opa Locka, Florida
JOINT DECLARATION BETWEEN OPA LOCKA POLICE DEPARTMENT
AND MIAMI GARDENS 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 here-
tofore entered into by the City of Miami Gardens, 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.
Joint multi - jurisdictional criminal investigations.
2. Civil affray or disobedience, disturbances, riots, large protest
demonstrations, controversial trials, political conventions, labor dis-
putes, and strikes.
3. Any natural disaster.
4. Incidents which require rescue operations and crowd and traffic con-
trol measures including, but not limited to, large -scale evacuations,
aircraft and shipping disasters, fires, explosions, gas line leaks, radi-
ological incidents, train wrecks and derailments, chemical or hazard-
ous 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,
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. Emergency situations in which one agency cannot perform its func-
tional 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.
FOR THE CITY OF MIAMI GARDENS
�te Da
Stepren E. J hnson, Chief
Miami s Police Department
ATTEST:
Ronetta Taylor, p#Clerk
City of Miami GhMens Florida
2
FOR THE CITY OF OPA -LOCKA
Date
Jeff Key, Chief
Opa -Locka Police Department
ATTEST:
Joanna Flores, City Clerk
City of Opa- Locka, Florida