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HomeMy Public PortalAbout15-8996 MAA w/MDC for Law Enforcement Services Sponsored by: City Manager RESOLUTION NO. 15-8996 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 WITH MIAMI- DADE COUNTY, FLORIDA IN SUBTANTIALLY THE SAME FORM ATTACHED HERETO, FOR LAW ENFORCEMENT SERVICES AND RESOURCES EFFECTIVE THROUGH JANUARY 1, 2025; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, The law enforcement agencies of the City of Opa-locka and Miami- Dade County are located in close relation to each other such that it is advantageous for each to receive and extend mutual aid in the form of law enforcement assistance; and WHEREAS, The City and the County are authorized by Florida Statute Section 23.12 to enter into Mutual Aid Agreements. NOW THEREFORE BE IT RESOLVED THAT 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 hereby directs the City Manager to enter into a Mutual Aid Agreement with Miami-Dade County in the form attached hereto. Section 3. This Resolution shall take effect immediately upon adoption. PASSED AND ADOPTED this 27th day of May, 2015. ,..fir My . L. aylor Mayor Resolution No. 15-8996 Attest to: Approved as to form and legal sufficiency: &KU (A01 ---) _ J i nna Flores Vincent T. Brown, Esq. City Clerk BROWN LAW GROUP, LLC City Attorney Moved by: Commissioner Santiago Seconded by: Commissioner Kelley Commissioner Vote: 5-0 Commissioner Kelley: YES Commissioner Pinder: YES Commissioner Santiago: YES Vice Mayor Holmes: YES Mayor Taylor: YES 4POw 140/ City of Opa-locka Agenda Cover Memo Commission Meeting Item Type: Resolution Ordinance Other Date: x (EnterXin box) Fiscal Impact: Ordinance Reading: 1st Reading 2nd Reading (Enter X in box) n/a Yes No (Enter X in box) x Public Hearing: Yes No Yes No (EnterXin box) x x Funding Source: (Enter Fund&Dept) Advertising Requirement: Yes No (Enter Acct No.) n/a n/a (EnterXin box) x ITEM BUDGETED: YES NO Contract/P.O.Required: Yes No RFP/RFQ/Bid#: n/a (Enter X in box) N/A Strategic Plan Related Yes No Strategic Plan Priority Area: Strategic Plan Obj./Strategy: (list the (Enter X in box) x specific objective/strategy this item will address) Enhance Organizational p Bus.&Economic Dev p Public Safety X Quality of Education Ej Qual.of Life&City Image Communcation Sponsor Name Department: City Manager Police Short Title: Mutual Aid Agreement between City of Opa-locka and Miami-Dade County Staff Summary: Staff supports entering into agreement. Proposed Action: Attachment: 1. Four(4) original sets of the proposed 2015—2025 Mutual Aid Agreement(already signed by Miami -Dade) between the City of Opa-locka and the Miami-Dade County. 2. 2015—2025 Draft Resolution 3. Agenda Cover Memo 4. Interoffice Memorandum 5. Resolution 10-7991 6. Expired 2010- 2015 MAA Z:\Agenda Items and Resolutions-Commission\MAA+MOU Cities PDs\MDPD\MDPD MAA\2015-2025 MAA\Agenda Cover MDPD.doc %OQp L 0�4� 04 � tp P • i �r6i Apo ry' qp � Ep Memorandum TO: Mayor Myra L.Taylor Vice Mayor Timothy Holmes Commissioner Joseph L. Kelley Commissioner Tere e K. Pinder Commissioner Luis :. antiago FROM: Kelvin L. Baker, Sr., City Manage DATE: May 14, 2015 RE: Mutual Aid Agreement with Miam Dade County 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, 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: 10-7991 Analysis: Mutually beneficial support during times of crisis. Recommendation(s): Staff Recommends Approval. Attachments: 1. Four(4) original sets of the proposed 2015 —2025 Mutual Aid Agreement(already signed by Miami- Dade)between the City of Opa-locka and Miami-Dade County. 2. 2015 —2025 Draft Resolution 3. Agenda Cover Memo 4. Interoffice Memorandum 5. Resolution 10-7991 6. Expired 2010-2015 Mutual Aid Agreement between the City of Opa-locka and Miami-Dade County Prepared by: Clancy Huckleberry, Executive Secretary End of Memorandum Z:\Agenda Items and Resolutions-Commission\MAA+MOU Cities PDs\MDPD\MDPD MAA\2015-2025 MAA\Agenda Item Memo MDPD.doc 2010-2015 Resolution # 10-7991 MDPD/OLPD Sponsored by: City Manager Resolution No. 10- 7 9 91 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA AUTHORIZING THE CITY MANAGER TO ENTER INTO AND EXECUTE A LAW ENFORCEMENT MUTUAL AGREEMENT FOR VOLUNTARY COOPERATION AND OPERATIONAL ASSISTANCE RESOURCES WITH MIAMI DADE COUNTY, FLORIDA, IN SUBSTANTIALLY THE FORM ATTACHED HERETO; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the law enforcement agencies of the City of Opa-locka, Florida and Miami Dade County, Florida are so located in relation to each other such that it is advantageous for each to receive an extended mutual aid in the form of law enforcement services and resources; and WHEREAS, the City of Opa-locka and Miami Dade County are authorized to enter into a mutual aid agreement pursuant to Section 23.12, Florida Statues, Florida Mutual Aid Act. WHEREAS,the City Commission of the City of Opa-locka authorizes the City Manager to enter into and execute a law enforcement mutual agreement for voluntary cooperation and operational assistance resources with Miami-Dade County, Florida. 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 authorizes the City Manager to enter into and execute a law enforcement mutual agreement for voluntary cooperation and operational assistance Resolution No. 10- 7 9 91 resources with Miami-Dade County, Florida in substantially the form attached hereto, for law enforcement services. Section 3. This resolution shall take effect immediately upon adoption. PASSED AND ADOPTED this 13 day of JANUARY , 2010. a -F. MAY ' Attest to: Approved as to form any legal su iciency: (41 1 / I DEBO' • S. IRBY JO' PH S. GEL E' , ESQ i RE CITY CLE' � ERIM CITY ATTORNEY 01 /13/2010 DATE Moved by: JOHNSON Second by: HOLMES Commission Vote: 5-0 Commissioner Holmes: YES Commissioner Johnson: YES Commissioner Tydus: YES Vice-Mayor Taylor: YES Mayor Kelley: YES 1/26/2010 - 1/1/2015 MAA MDPD LAW ENFORCEMENT MUTUAL AID AGREEMENT FOR _ VOLUNTARY COOPERATION AND OPERATIONAL ASSISTANCE WHEREAS, it is the responsibility of the governments of Miami-Dade County, Florida, and the subscribing law enforcement agencies to ensure the public safety of their citizens by providing adequate levels of police services to address any foreseeable routine or emergency situation; and WHEREAS, there is an existing and continuing possibility of the occurrence of law enforcement problems and other natural and man-made conditions which are, or are likely to be, beyond the control of the services, personnel, equipment, or facilities of the Miami-Dade Police Department or the subscribing law enforcement agencies; 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 County of Miami-Dade and the participating Miami-Dade County municipalities; and WHEREAS, Miami-Dade County and the subscribing law enforcement agencies have the authority under Section 23.12, Florida Statutes, et seq., the Florida Mutual Aid Act, to enter into a Mutual Aid Agreement; NOW, THEREFORE, BE IT KNOWN that 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 1 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. Chief executive official: Either the County Mayor of Miami-Dade County, or the chief executive official of the participating political subdivision, who has the authority to contractually bind the agency and has executed this Agreement, upon the approval of the governing body of each governmental entity. Subsequent to the execution by the executive officials, this Agreement shall be filed with the Clerk of the Court for Miami-Dade County, and the clerks of the respective political subdivisions. The Agreement 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 Agreement. b. Agency head: Either the Director of the Miami-Dade Police Department, or the Director's designees; and the Chief of Police of the participating law enforcement agencies, or the Chiefs designees. c. Participating law enforcement agency: The police department of any municipality in Miami-Dade County, Florida, that has approved and executed this Agreement. d. Certified law enforcement employee: Any law enforcement employee 2 certified as provided in Chapter 943, Florida Statutes. SECTION I. TERMS AND PROCEDURES 1. Operations: a. In the event that a party to this Agreement is in need of assistance as specified herein, 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 the 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. 2. Powers, Privileges, Immunities, and Costs: a. All employees of the participating municipal police department, including 3 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 skull 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 pension, insurance, relief, disability, workers' compensation, salary, death, and other benefits which apply 4 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. 3. 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. 4. 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, less the costs associated with the forfeiture action. 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. The agency pursuing the forfeiture action shall have the exclusive right to control and the responsibility to maintain the property, including, but not 5 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. 5. 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. SECTION I1. COMMAND AND SUPERVISORY RESPONSIBILITY 1. Command: The personnel and equipment that are assigned by the assisting entity shall be under the immediate command and direct supervision of a supervising officer designated by the assisting Director or Chief of Police, or his/her designee. 2. Conflicts: Whenever an officer is rendering assistance pursuant to this agreement, the officer shall abide by and be subject to the rules and regulations, personnel policies, general orders, and standard operating procedures of his 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 requesting agency, then such rule, regulation, policy, general order or procedure of the assisting 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 agreement, 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 of the requesting agency should ascertain at a minimum: 6 a. The identity of the complainant; b. an address where the complaining party can be contacted; c. the specific allegation; and; d. the identity of the employees accused without regard as to agency affiliation. If it is determined during the investigation of a complaint that the accused is an employee of the assisting agency, the above information, with all pertinent documentation gathered during the receipt and processing of the complaint, shall be forwarded without delay to the agency for administrative review. The requesting agency may conduct a review of the complaint to determine if any factual basis for the complaint exists and/or whether any of the employees of the requesting agency violated any of their agency's policies or procedures. SECTION III. PROVISIONS FOR VOLUNTARY AND OPERATIONAL ASSISTANCE A deputy sheriff or 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 participating municipalities and Miami-Dade County, Florida, it is hereby declared that the following list comprises the nature of assistance, and the circumstances and conditions under which mutual aid may be requested and 7 rendered regarding police operations pursuant to the agreement. The list includes, but is not necessarily limited to, dealing with the following: Voluntary: 1. Joint multi-jurisdictional criminal investigations. 2. Major events; e.g., sporting events, concerts, parades, fairs, festivals and conventions. 3. Joint training in areas of mutual need. 4. Off-duty special events. 5. Joint multi-jurisdictional marine interdiction operations. 6. Security and escort duties for dignitaries. Operational: 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. 8 11. Civil affray or disobedience, disturbances, riots, large protest demonstrations, controversial trials, political conventions, labor disputes, and strikes. 12. Any natural, technological or manmade disaster. 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, bicycle, mounted, Special Response Teams, bomb, crime scene, marine patrol, and police information. 15. 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. 16. Terrorist activities including, but not limited to, acts of sabotage. 17. Escapes from or disturbances within detention facilities. SECTION IV. PROCEDURES FOR REQUESTING MUTUAL AID The following procedures will apply in mutual aid operations: 9 1. Mutual aid requested or rendered will be approved by the Director/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 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. SECTION V. CONCURRENT JURISDICTION It is to the mutual benefit of the participating municipal agencies and the Miami- Dade Police Department, through voluntary cooperation, to exercise concurrent jurisdiction over the areas described in subparagraphs a. and b. below, in that officers, while in another jurisdiction, are often present at events where immediate action is necessary, or are able to expeditiously conclude an investigation by identifying and arresting an offender. 10 a. Concurrent law enforcement jurisdiction in and throughout the territorial limits of the participating municipalities and Miami-Dade County, Florida, for arrests, made pursuant to the laws of arrest, for felonies and misdemeanors, including arrestable traffic offenses, which spontaneously take place in the presence of the arresting officer, at such times as the arresting officer is traveling from place to place on official business outside of his or her jurisdiction, for example, to or from court, or at any time when the officer is within the territorial limits of his or her jurisdiction, and provided that, in the context of this Mutual Aid Agreement, "official business outside of his or her jurisdiction" shall not include routine patrol activities. This mutual aid agreement excludes those areas within the territorial limits of the municipalities not participating in the Mutual Aid Agreement, and areas in which the Miami-Dade Police Department does not have law enforcement jurisdiction. b. Concurrent law enforcement jurisdiction in and throughout the territorial limits of participating municipalities and Miami-Dade County, Florida, for arrests, made pursuant to the laws of arrest, of persons identified as a result of investigations of any offense constituting a felony or any act of Domestic Violence as defined in Section 741.28, Florida Statutes, when such offense occurred in the municipality employing the arresting officer, should the arresting officer be a municipal law enforcement officer. However, absent a search warrant, concurrent jurisdiction under this subparagraph does not include authority to make nonconsensual or 11 forcible entries into private dwellings, residences, living spaces or business spaces which are not open to the public, i.e., authority derived pursuant to this subparagraph may be exercised only when in places open to the public or private places into which the arresting officer has entered with the consent of an occupant entitled to give consent. When operating under mutual aid, municipal law enforcement officers may execute search warrants for offenses which occurred in the municipality. Municipal officers may execute the search warrant, impound all property, make arrests, and file the Return and Inventory. This concurrent jurisdiction excludes those areas within the territorial limits of the municipalities not participating in the Mutual Aid Agreement, and areas in which the Miami-Dade Police Department does not have law enforcement jurisdiction. Prior to any officer taking enforcement action pursuant to either paragraph a. or b. above, the officer shall notify the designated officer of the jurisdiction in which the action shall will be taken, unless exigent circumstances prevent such prior notification, in which case notification shall be made as soon after the action as practicable. Furthermore, all arrests made pursuant to subparagraph (a) above shall be processed and coded pursuant to directions of the Clerk of the Court, in such manner as to ensure that any revenues or surcharges generated as a result of said arrests shall be directed to the jurisdiction in which the arrest was made. 1. General Requirements: a. Officers shall not utilize unmarked vehicles to make traffic stops or to engage 12 in vehicle pursuits. b. Concurrent law enforcement jurisdiction pursuant to this Mutual Aid Agreement does include preplanned operations, undercover investigations, stings, or sweeps. c. Officers shall not conduct routine patrol activities outside of their jurisdiction. d. Reports of any action taken pursuant to this Mutual Aid Agreement shall be faxed to the agency head of the agency, within whose jurisdiction the action was taken, as soon as possible after the action has taken place. e. Any conflicts regarding jurisdiction will be resolved by allowing the agency within whose jurisdiction the action took place to take custody of any arrestees and/or crime scenes. f. All concurrent jurisdiction stationary surveillance activities shall require notification of the agency within whose jurisdiction the surveillance takes place. The notification shall include the general location of the surveillance, and a description of the vehicles involved. Mobile surveillance shall not require notification unless concurrent jurisdiction enforcement activities take place. SECTION VI. EFFECTIVE DATE 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. 13 SECTION VII. 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. 14 AGREED-TO AND ACKNOWLEDGED this 069"4y 14y of AL,- - _ , 2009-lb i/ lo , . II, i 1 • 1 1 °.&----- 7Xorge M. Burgess, County Manager Robert Parker, Director Miami-Dade County, Florida Miami-Dade Police Department ATTEST: CR Harve ' uvin, County Clerk -,(..D r. ' , Miam-%ade County, Florida �., �R■ ` � ♦ A ff { APPROVED AS TO FORM AND LEGAL SUFFICIENCY: 'WV7 1/lfl�•°i j //11454,i/. >ri`rj• /like1.-thy R. A. Cuevas, Jr., County Attorney l J Miami-Dade County, Florida 15 • LAW ENFORCEMENT MUTUAL AID AGREEMENT FOR VOLUNTARY COOPERATION AND OPERATIONAL ASSISTANCE - INDIVIDUAL GOVERNMENTAL ENTITY SIGNATURE SHEET CITY OF: , Florida. BY: re of Chief Executive Official) —.'. _ ure ief of Police) James Smith (Officials Printed Name and Title) (Printed Name of Chief) AUEST: APPROVE' AS TO FORM LEGAL j SUFFICIE, Y• ("410A...),Th / (Si nature of City Clerk) (S'• e of Qty Attorney ,,*(4,-t A (Printed Name of City Clerk)' ocrt( Y ) C�e r (°rinted Na � e of City Attorne STATE OF FLORIDA ) ) SS.: COUNTY OF MIAMI-DADE ) BEFORE ME, an officer duly authorized by law to administer oaths and take acknowledgements, did personally appear: g.-9 o, k. �,r;e (Insert Name and Title of Chief Executive Official) of the City of koc_V-c , Florida, a municipal corporation of Florida, and acknowledged he or she executed the foregoing Agreement as the chief executive officer of the City of _koc k.c� , Florida, and the same is the act and deed of the City of, Florida. IN WITNESS OF THE FOREGOING, I have set my hand and official seal at the City of Cpd-\oc , in the State of Florida and the County of Miami-Dade on this, the 30 day of IQece,.,.bt;r , 2009. - . Notary Public My Commission Expires: � 4' Notary Public State of Florida Shamecca L Johnson j My Commission DD941750 �� Expires 11/20/2013 LAW ENFORCEMENT MUTUAL AID AGREEMENT BETWEEN MIAMI-DADE COUNTY AND THE CITY OF OPA-LOCKA FOR VOLUNTARY COOPERATION AND OPERATIONAL ASSISTANCE WHEREAS, it is the responsibility of the government of Miami-Dade County, Florida, and the subscribing municipality to ensure the public safety of their citizens by providing adequate levels of police services to address any foreseeable routine or emergency situation; and WHEREAS, there is an existing and continuing possibility of the occurrence of natural or manmade disasters or emergencies and other major law enforcement problems, including those that cross jurisdictional lines, that will require coordinated law enforcement efforts to ensure that preparations of this County will be adequate to deal with such activity, protect the public peace and safety, and preserve the lives and property of the people of the County; and WHEREAS, in order to ensure that law enforcement agencies are prepared to competently address any and all conditions as they arise to protect the public peace and safety of Miami-Dade County citizens, it is in the best interests of the community and law enforcement for police agencies to engage in mutual aid; and WHEREAS, the subscribing law enforcement agencies have the authority under Florida Statutes Chapter 23, Part I, Florida Mutual Aid Act, and under Florida Statutes Section 316.640, Enforcement, to enter into a Mutual Aid Agreement, NOW, THEREFORE, BE IT KNOWN that Miami-Dade County, a political subdivision of the State of Florida, and the undersigned municipality, in consideration 1 for mutual promises to render valuable aid in times of necessity, do hereby agree to fully and faithfully abide by and be bound by the following terms and conditions: SECTION I. PURPOSE AND TERMS A. Short title: Mutual Aid Agreement B. 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, Part I, Florida Statutes. C. Definitions: 1. Chief Executive Official: Either the Mayor of Miami-Dade County, or the Chief Executive Official of the participating municipality, who has the authority to contractually bind the agency and has executed this Agreement, upon the approval of the governing body of each entity. 2. Agency Head: Either the Director of the Miami-Dade Police Department, or the Director's designee; and the Chief of Police of the municipal law enforcement agency, or the Chief's designee. 3. Participating law enforcement agency: The police department of any law enforcement agency in Miami-Dade County, Florida, that has approved and executed this Agreement. 4. Certified law enforcement employee: Any law enforcement employee certified as provided in Chapter 943, Florida Statutes. 2 SECTION II. PROCEDURES A. Operations: 1. In the event that a party to this Agreement is in need of assistance as specified herein, an authorized representative of the police department requiring assistance shall notify the agency from which such assistance is requested. The authorized agency representative whose assistance is sought shall evaluate the situation and the available resources, and will respond in a manner deemed appropriate. 2. 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 necessitated 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. 3. 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, equipment, facilities, and other resources and services provided pursuant to this Agreement to the providing agency. B. Powers, Privileges, Immunities, and Costs: 1. All employees of the participating law enforcement agency, including certified law enforcement employees, during such time that said employees are 3 actually providing aid outside of the jurisdictional limits of their employing agency pursuant to a request for aid made in accordance with this Agreement, shall, pursuant to the provisions of this Mutual Aid Agreement, have the same powers, duties, rights, privileges, and immunities as if they were performing duties in the jurisdiction in which they are normally employed. 2. The political subdivision having financial responsibility for the participating law enforcement agency providing personnel, equipment, facilities, and other resources and services 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. 3. The political subdivision having financial responsibility for the participating 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. 4. 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 such 4 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. C. Indemnification: 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 employees while participating herein and pursuant to this Agreement, 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. D. Forfeitures: It is recognized that during the course of the operation of this Agreement, property subject to forfeiture under the Florida Contraband Forfeiture Act, Section 932.701 et. seq., 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, less the costs associated with the forfeiture action. Any participating law enforcement agency 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, 5 including, but not limited to, the complete discretion to bring the action, or to dismiss the action, or to settle, pursuant to the provisions of the Florida Contraband Forfeiture Act. E. 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, Part I, Florida Statutes. SECTION III. COMMAND AND SUPERVISORY RESPONSIBILITY A. Command: The personnel, equipment, facilities, and other resources and services that are assigned by the assisting entity shall be under the immediate command and direct supervision of a supervising officer designated by the assisting Director or Chief of Police, or his/her designee. B. Conflicts: Whenever an officer is rendering assistance pursuant to this Agreement, the officer shall abide by and be subject to the rules and regulations, personnel policies, general orders, and standard operating procedures of his 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 requesting agency, then such rule, regulation, policy, general order or procedure of the assisting agency shall control, and shall supersede the direct order. C. Complaints: Whenever there is cause to believe that a complaint has arisen as a result of a cooperative effort as it may pertain to this Agreement, the 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. 6 The Director or Chief of Police or designee of the requesting agency should ascertain at a minimum: 1. The identity of the complainant; 2. An address where the complaining party can be contacted; 3. The specific allegation, and; 4. The identity of the employee accused. 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 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 IV. PROVISIONS FOR VOLUNTARY AND OPERATIONAL ASSISTANCE A. A deputy sheriff or police officer of either participating law enforcement agency shall be considered to be operating under the provisions of this 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. B. In compliance with and under the authority of this Mutual Aid Agreement, entered into by Miami-Dade County and the participating municipality, it is hereby declared that the following list comprises the nature of assistance, and the circumstances and conditions under which mutual aid may be requested and 7 rendered regarding police operations pursuant to the Agreement. The list includes, but is not necessarily limited to, dealing with the following: 1. Voluntary: a. Joint multi-jurisdictional criminal investigations. b. Major events; e.g., sporting events, concerts, parades, fairs, festivals and conventions. c. Joint training in areas of mutual need. d. Off-duty special events. e. Joint multi-jurisdictional marine interdiction operations. f. Security and escort duties for dignitaries. 2. Operational: a. Hostage and barricaded subject situations, and aircraft piracy. b. Control of major crime scenes, area searches, perimeter control, back-ups to emergency and in-progress calls, pursuits, and missing person calls. c. Enemy attack. d. Transportation of evidence requiring security. e. Civil affray or disobedience, disturbances, riots, large protest demonstrations, controversial trials, political conventions, labor disputes, and strikes. f. Any natural, technological, or manmade disaster. Emergency situations in which one agency cannot perform its functional objective. g. Incidents requiring utilization of specialized units; e.g., underwater recovery, aircraft, canine, motorcycle, bicycle, mounted, Special 8 Response Teams, bomb, crime scene, marine patrol, and police information. h. 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. i. Terrorist activities including, but not limited to, acts of sabotage. j. Escapes from or disturbances within detention facilities. SECTION V. PROCEDURES FOR REQUESTING MUTUAL AID The following procedures will apply to situations requiring operational assistance: A. Mutual aid requested or rendered will be approved by the Director or the Chief of Police, or their designees. B. 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. C. Communications instructions will be included in each request for mutual aid. The Miami-Dade Police Department Communications Bureau will maintain radio contact with the involved agencies until the mutual aid situation has ended. D. Incidents requiring mass processing of arrestees, transporting prisoners and operating temporary detention facilities will be handled per established procedures. 9 SECTION VI. CONCURRENT JURISDICTION It is to the mutual benefit of the participating law enforcement agency and the Miami- Dade Police Department, through voluntary cooperation, to exercise concurrent jurisdiction over the areas described in subparagraphs A. and B. below, in that officers, while in another jurisdiction, are often present at events where immediate action is necessary, or are able to expeditiously conclude an investigation by identifying and arresting an offender. A. Concurrent law enforcement jurisdiction in and throughout the territorial limits of the participating municipalities located in Miami-Dade County and in unincorporated Miami-Dade County for arrests made pursuant to the laws of arrest, for felonies and misdemeanors, including arrestable traffic offenses, which spontaneously take place in the presence of the arresting officer, at such times as the arresting officer is traveling from place to place on official business outside of his or her jurisdiction; for example, to or from court, provided that, in the context of this Agreement, "official business outside of his or her jurisdiction" shall not include routine patrol activities. This Agreement excludes those areas within the territorial limits of any municipality not participating in Mutual Aid with Miami-Dade County, and in any areas in which the Miami-Dade Police Department does not have law enforcement jurisdiction. B. Concurrent law enforcement jurisdiction in and throughout the territorial limits of the participating municipalities located in Miami-Dade County and in unincorporated Miami-Dade County, for arrests made pursuant to the laws of arrest of persons identified as a result of investigations of any offense 10 constituting a felony or any act of domestic violence as defined in Section 741.28, Florida Statutes, when such offense occurred in the jurisdiction of the agency employing the arresting officer. However, absent a search warrant, concurrent jurisdiction under this subparagraph does not include authority to make nonconsensual or forcible entries into private dwellings, residences, living spaces or business spaces which are not open to the public. Authority derived pursuant to this subparagraph may be exercised only when in places open to the public or private places into which the arresting officer has entered with the consent of an occupant entitled to give consent. When operating under mutual aid, participating agency officers may execute search warrants outside the jurisdiction of their employing municipality for offenses which occurred in their jurisdiction. Participating agency officers may execute the search warrant, impound all property, make arrests, and file the Return and Inventory. This concurrent jurisdiction excludes those areas within the territorial limits of any municipality not participating in mutual aid with Miami-Dade County, and in any areas in which the Miami-Dade Police Department does not have law enforcement jurisdiction. C. Prior to any officer taking enforcement action pursuant to either paragraph A. or B. above, the officer shall notify the designated officer of the jurisdiction in which the action will be taken, unless exigent circumstances prevent such prior notification, in which case notification shall be made as soon after the action as practicable. Furthermore, all arrests made pursuant to paragraph A. above shall be processed and coded pursuant to directions of the Clerk of the Court, in such 11 manner as to ensure that any revenues or surcharges generated as a result of said arrests shall be directed to the jurisdiction in which the arrest was made. D. General Requirements: 1. Officers shall not utilize unmarked vehicles to make traffic stops or to engage in vehicle pursuits. 2. Concurrent law enforcement jurisdiction pursuant to this Agreement does include preplanned operations, undercover investigations, stings, or sweeps. 3. Officers shall not conduct routine patrol activities outside of their jurisdiction. 4. Reports of any action taken pursuant to this Agreement shall be faxed to the agency head of the agency within whose jurisdiction the action was taken, as soon as possible after the action. 5. Any conflicts regarding jurisdiction will be resolved by allowing the agency within whose jurisdiction the action took place to take custody of any arrestees and/or crime scenes. 6. All concurrent jurisdiction stationary surveillance activities shall require notification of the agency within whose jurisdiction the surveillance takes place. The notification shall include the general location of the surveillance, and a description of the vehicles involved. Mobile surveillance shall not require notification unless concurrent jurisdiction enforcement activities take place. 12 SECTION VII. EFFECTIVE DATE AND TERM OF AGREEMENT This Mutual Aid Agreement shall become effective on the date of execution by all parties and, unless terminated or cancelled on an earlier date, will expire on January 1, 2025. This Mutual Aid Agreement may be renewed in writing by the Agency Head and their respective Chief Executive Officials, in the case of Miami-Dade County, the Police Director and County Mayor or the Mayor's designee are authorized to extend this Agreement. This Agreement may be formally renewed for a maximum of three (3) additional successive ten (10) year terms. This Agreement may not be amended or modified except in writing signed and duly executed by the parties. Any modifications or amendments to this Agreement require County Commission approval via the County's legislative process. SECTION VIII. CANCELLATION This Agreement may be cancelled by either party upon providing thirty (30) days written notice to the other participating law enforcement agency. Cancellation will be at the discretion of the Agency Heads and their respective Chief Executive Officials, in the case of Miami-Dade County, the Police Director and County Mayor or the Mayor's designee are authorized to cancel this Agreement. 13 AGREED TO AND ACKNOWLEDGED this 44C° day of Cl'-OW2015, MIAMI-DADE COUNTY Z--- -------- - Carlos A. Gimenez, Mayor .(;t " ----- C"' Patterson, Director Miami-Dade Police Department ATTEST -- COUNTY �`; p .'RJR\rjt. 'co ? .N....../ Harvey Ruvin, County Clerk Miami-Dade County, Florida APPROVED AS TO FORM ND LEGAL SUFFICIENCY: 7_ e,,----"--:, R. A. Cuevas, Jr., County Attorney Miami-Dade County, Florida AGREED TO AND ACKNOWLEDGED this day of , 2015, CITY OF OPA-LOCKA Kevin L. Baker, Sr., City Manager Date `i -30 -15 Jeffr_• - Fief I Date Opa- oc a Police Department Sponsored by: City Manager RESOLUTION NO. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA LOCKA, FLORIDA, DIRECTING THE CITY MANAGER TO ISSUE AN RFP FOR CODE ENFORCEMENT SERVICES; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, The Opa-locka conducted a study on the outsourcing of Code Enforcement Services; and WHEREAS, The study recommended the issuance of an RFP for Code Enforcement Services to determine market conditions; WHEREAS, the City Commission desires that the City Manager issue an RFP for a company to perform comprehensive code enforcement services; NOW THEREFORE BE IT RESOLVED THAT 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 hereby directs the City Manager to issue an RFP for a company to provide code enforcement services to the City of Opa-locka. Section 3. This Resolution shall take effect immediately upon adoption. PASSED AND ADOPTED this day of , 2015. Myra L. Taylor Mayor Resolution No. Attest to: Approved as to form and legal sufficiency: ■ Joanna Flores Vincent T. Brown, Esq. City Clerk BROWN LAW GROUP, LLC City Attorney Moved by: Seconded by: Commissioner Vote: Commissioner Kelley: Commissioner Pinder: Commissioner Santiago: Vice Mayor Holmes: Mayor Taylor: Q OQ P.LO Q� (� a \\�O yJp/�1 �ApO RATS City of Opa-Locka Agenda Cover Memo Commission Meeting 05/27/2015 Item Type: Resolution Ordinance Other Date: X (EnterXin box) Fiscal Impact: Ordinance Reading: 1st Reading 2nd Reading (Enter X in box) Yes No (Enter X in box) Public Hearing: Yes No Yes No (EnterXin box) X X Funding Source: (Enter Fund&Dept) Advertising Requirement: Yes No (Enter Acct No.) (EnterXin box) Contract/P.O.Required: Yes No RFP/RFQ/Bid#: (Enter X in box) N/A Strategic Plan Related Yes No Strategic Plan Priority Area: Strategic Plan Obj./Strategy: (list the (Enter X in box) specific objective/strategy this item will address) Enhance Organizational El Bus.&Economic Dev Public Safety 0 Quality of Education 0 Qual.of Life&City Image El Communcation Sponsor Name City Manager Department: City Manager Short Title: A RESOLUTION OF THE CITY OF OPA-LOCKA, FLORIDA AUTHORIZING THE CITY MANAGER TO EXPLORE COST SAVING OPPORTUNITES BY ISSUING A REQUEST FOR PROPOSALS FOR A CODE ENFORCEMENT SERVICES Staff Summary: The City Commission recently requested a study be performed on outsourcing the City's Code Enforcement Division. The study concluded with the recommendation to issue an RfP for Code Enforcement services to obtain current market numbers. This will enable us to provide a more accurate assessment of Code Enforcement Services. Proposed Action: Approval Attachment: (1) Resolution 15-8979 (2) Code Enforcement Study results memo '4.. Lack ¢ 61(11 8/ APa wore& ■} .G 4 A 4 F.''.. Memorandum TO: Mayor Myra L. Taylor Vice-Mayor imothy Ho 11 s Commissioner •seph L. • ey Commissioner T• ence P' der Commissioner Lui B. : •ntiago FROM: Kelvin L. Baler, Sr., City Man• • DATE: May 20, 2015 RE: Resolution: RFP Code Enforcement Services Request: A RESOLUTION OF THE CITY OF OPA-LOCKA, FLORIDA AUTHORIZING THE CITY MANAGER TO EXPLORE COST SAVING OPPORTUNITES BY ISSUING A REQUEST FOR PROPOSALS FOR A CODE ENFORCEMENT SERVICES Description: The City Commission recently requested a study be performed on outsourcing the City's Code Enforcement Division. The study concluded with the recommendation to issue an RFP for Code Enforcement services to obtain current market numbers. This will enable us to provide a more accurate assessment of Code Enforcement Services. The City's Code Enforcement Division is responsible for enforcement of the City's Code of Ordinances. Codes have been established over the years to protect the health, safety, and welfare of all who live, work, or visit the City. They also establish standards to ensure a positive effect on property value, community appearance, and neighborhood pride. Code Enforcement provides an effective means of educating and enforcing the Code of Ordinances to ensure that the City ages gracefully and maintains its quality of life. Financial Impact: Unknown at this time. Implementation Timeline: Immediately Legislative History: Resolution 15-8979 Recommendation(s): Staff recommends approval. Analysis: The City continues to face a tough economic challenges. We have to balance the needs and wants of the residents against limited resources. One solution that has grown nationwide is entering into public-private partnerships. Public-private partnerships are a contractual arrangement whereby the resources, risks and rewards of both the public agency and private company are combined to provide greater efficiency, better access to capital, and improved compliance with a range of government regulations regarding the environment and workplace. The public's interests are fully assured through provisions in the contracts that provide for on-going monitoring and oversight of the operation of a service or development of a facility. In this way, everyone wins -- the government entity, the private company and the general public. By developing partnerships with private-sector entities, governments can maintain quality service despite budget limitations. Some advantages of public-private partnerships include: • Speedy, efficient, and cost effective delivery of service • Transfer of risk to the private company • Added value through the integration and transfer of public and private sector skills, knowledge, expertise, systems and equipment • Accountability for the provision and delivery of quality service through performance guarantees and competition • Innovation and diversity With regards to Code Enforcement, this RFP will be seeking a full time comprehensive Code Enforcement service program. The contractor will be responsible for all aspects of the operation. All transition, planning, organization, communications, administration, staffing, field enforcement, customer service, public education, information technology, will be wholly included and provided by the contractor. With regards to the current employees, any contractor will be expected to retain any employees that meet the contractor's minimum qualifications. In many partnerships created today, public employees are retained and usually at equal or improved benefits. One of the greatest areas of improvement for employees is with opportunities for career growth -- private companies spend two to three times more on training and personnel development than their public-sector counterparts, as a way of gaining the maximum efficiency out of every person, and the maximum amount of job satisfaction. Attachments: (1)Resolution 15-8979 (2)Code Enforcement Study results memo PREPARED BY: Faye Douglas,Budget Administrator Sponsored by: Commissioner Pinder RESOLUTION NO.15-8979 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA, DIRECTING THE CITY MANAGER TO STUDY THE OUTSOURCING OF COMMUNITY DEVELOPMENT; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE WHEREAS, the City of Opa-locka currently performs zoning and planning functions via an in house Community Development Department; and WHEREAS, it is in the public interest for the City of Opa-locka to study the productivity and cost effectiveness of outsourcing this function to determine if the tax payers can be better served with improved performance at a more efficient cost; and WHEREAS, the desires that the City Manager conduct a study on the outsourcing of Community Development; 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 directs the City Manager to conduct a study on the outsourcing of Community Development, including planning and zoning. Section 3. This Resolution shall take effect immediately upon adoption. PASSED AND ADOPTED this 27th day of April, 2015. ra L. aylor Mayor Resolution No. 15-8979 Attest to: Approved as to form and legal sufficiency: Jo.; a Flores Vincent T. Brown, Esq. City Clerk BROWN LAW GROUP, LLC City Attorney Moved by: Commissioner Santiago Seconded by: Commissioner Pinder Commissioner Vote: 5-0 Commissioner Kelley: YES Commissioner Pinder: YES Commissioner Santiago: YES Vice Mayor Holmes: YES Mayor Taylor: YES t q < irl� r3 . aPas:(46CHA am. 10 gloralar r.� Amy ofrat MEMORANDUM To: Mayor Myra L. Taylor Vice Mayor Timothy Holmes Commissioner Joseph L -Iley f Commission r Terenc: s er Commissione Luis B S. From: ° City Manager IP I Date: May 8, 2015 Re: Code Enforcement Study Results per Resolution 15-8979 Background The City of Opa-locka currently provides comprehensive code enforcement services. As noted in the annual budget, the Code Enforcement Division is responsible for enforcement of the City's Code of Ordinance which includes inspections for occupational license. Codes have been adopted over the years to protect the health, safety, and welfare of all who live, work, or visit in the City. They also establish standards to ensure a positive effect on property value, community appearance, and neighborhood pride. The primary objectives of the Code Enforcement Department personnel is to patrol the City on a daily basis and monitor for City Ordinance compliance, and where there are violations, provide ample opportunity for the subject violator to come into compliance in a reasonable time period. In circumstances where violations are deemed egregious or repetitive, immediate punitive fines are assessed. The Department is also charged with the responsibility of performing outreach to all of the residents, business leaders, and visitors to the City and informing them of the importance of adherence to the City Ordinances and how these rules benefit them as valued City stakeholders. Current Resources The City currently employees or contracts with seven individuals to provide code enforcement services: Position #Employed Code Enforcement Manager 1 Code Enforcement Officer 3 Code Enforcement Officer (contractual) 1 Code Enforcement Officer (part-time) 1 Clerk 1 The Manager and each officer have the following equipment: • An assigned vehicle • City gas • Laptop with applicable software • Printer in each vehicle • Cell Phone • Radio • Five uniforms Cost The estimated annual cost to the City to provide Code Enforcement services exceeds $480,000. Conclusions and Recommendations The City previously explored the feasibility of outsourcing Code Enforcement and received two proposals in response to an RFP that was advertised. The highest price quoted at that time was $478,180. The highest price offered is lower than the City's current cost. Therefore, I recommend advertising an RFP for Code Enforcement services to obtain current market numbers. This will enable us to provide a more accurate assessment of Code Enforcement Services. I am available to answer any questions. KB/fd