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
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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
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• 1 1 °.&-----
7Xorge M. Burgess, County Manager Robert Parker, Director
Miami-Dade County, Florida Miami-Dade Police Department
ATTEST:
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Harve ' uvin, County Clerk -,(..D r.
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Miam-%ade County, Florida �., �R■
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APPROVED AS TO FORM AND LEGAL
SUFFICIENCY:
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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
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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:
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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
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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
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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