HomeMy Public PortalAbout18-9573 MMa w/ the City of North Miami Beach Sponsored by: City Manager
RESOLUTION NO. 18-9573
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 VOLUNTARY
COOPERATION AND OPERATIONAL ASSISTANCE
MUTUAL AID AGREEMENT (MAA) WITH THE CITY OF
NORTH MIAMI BEACH, FLORIDA, SUBSTANTIALLY IN
THE FORM ATTACHED, FOR LAW ENFORCEMENT
SERVICES AND RESOURCES EFFECTIVE THROUGH
AND INCLUDING NOVEMBER 17, 2022; PROVIDING FOR
INCORPORATION OF RECITALS; PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the City of Opa-locka, Florida, and the City of North Miami Beach,
Florida, are authorized to enter into a Mutual Aid Agreement ("MAA") pursuant to Section
23.12, Florida Statutes, Florida Mutual Aid Act; and
WHEREAS, the Mutual Aid Agreement ("MAA") with the City of North Miami Beach
provides for requesting and rendering of assistance for both routine and law enforcement critical
situations; and
WHEREAS, the City Commission of the City of Opa-locka desires to authorize the City
Manager and the City Police Chief to enter into and execute a Mutual Aid Agreement with the
City of North Miami Beach.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE CITY COMMISSION
OF THE CITY OF OPA-LOCKA, FLORIDA:
SECTION 1. RECITALS ADOPTED.
The recitals to the preamble herein are incorporated by reference.
SECTION 2. AUTHORIZATION
The City Commission of the City of Opa-locka hereby authorizes and directs the City
Manager and the City Police Chief to enter into and execute an operational assistance
Mutual Aid Agreement ("MAA") with the City of North Miami Beach, for law
enforcement services and resources, substantially in the form attached as Exhibit "A".
SECTION 3. SCRIVENER'S ERRORS.
Sections of this Resolution may be renumbered or re-lettered and corrections of
typographical errors which do not affect the intent may be authorized by the City
Manager, or the City Manager's designee, without need of public hearing, by filing a
corrected copy of same with the City Clerk.
Resolution No. 18-9573
SECTION 4. EFFECTIVE DATE.
This Resolution shall take effect immediately upon adoption and is subject to the
approval of the Governor or his designee.
PASSED AND ADOPTED this 14`h day of November, 2018.
T1
ra L. aylor
Mayor
Attest to: Approved as to form and legal sufficiency:
110 3C0A-".
Joa a Flores '• B•OWN LAW GROUP,
Cit Clerk City Attorney
Moved by: VICE MAYOR KELLEY
Seconded by: COMMISSIONER HOLMES
Commissioner Vote: 4-1
Commissioner Holmes: YES
Commissioner Riley: YES
Commissioner Pigatt: YES
Vice Mayor Kelley: NO
Mayor Taylor: YES
City of North Miami Beach MAA
Agenda Package
Draft Resolution
Sponsored by: City Manager
RESOLUTION NO.
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF OPA-LOCKA, FLORIDA, AUTHORIZING THE
CITY MANAGER AND THE CITY POLICE CHIEF TO
ENTER INTO AND EXECUTE A VOLUNTARY
COOPERATION AND OPERATIONAL ASSISTANCE
MUTUAL AID AGREEMENT (MAA) WITH THE CITY OF
NORTH MIAMI BEACH, FLORIDA, IN SUBSTANTIALLY
THE FORM ATTACHED HERETO, FOR LAW
ENFORCEMENT SERVICES AND RESOURCES
EFFECTIVE THROUGH AND INCLUDING NOVEMBER
17, 2021; PROVIDING FOR INCORPORATION OF
RECITALS;
WHEREAS, the City of Opa-locka, Florida, and the City of North Miami Beach,
Florida, are authorized to enter into a Mutual Aid Agreement ("MAA") pursuant to Section
23.12, Florida Statutes, Florida Mutual Aid Act; and
WHEREAS, the Mutual Aid Agreement ("MAX') with the City of North Miami Beach
provides for requesting and rendering of assistance for both routine and law enforcement critical
situations; and
WHEREAS, the City Commission of the City of Opa-locka desires to authorize the City
Manager and the City Police Chief to enter into and execute a Mutual Aid Agreement with the
City of North Miami Beach.
\\olpdfs2\Chiefsec2\Agenda Items+Processes\2018\North Miami Beach\1-4a-Draft Resolution[Oversight Bd Clause].docx
Resolution No.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE CITY COMMISSION
OF THE CITY OF OPA-LOCKA, FLORIDA:
Section 1. The recitals to the preamble herein are incorporated by reference.
Section 2. The City Commission of the City of Opa-locka hereby authorizes and
directs the City Manager and the City Police Chief to enter into and execute an operational
assistance Mutual Aid Agreement ("MAA") with the City of North Miami Beach, for law
enforcement services and resources, substantially in the form attached hereto as Exhibit "A".
Section 3. This Resolution shall take effect immediately upon adoption, and is
subject to the approval of the State of Florida Financial Oversight Board.
PASSED AND ADOPTED this day of , 2018.
MYRA TAYLOR
MAYOR
\\olpdfs2\Chiefsec2\Agenda Items+Processes\2018\North Miami Beach\1-4a-Draft Resolution[Oversight Bd Clause].docx
Resolution No.
Attest to: Approved as to form and legal sufficiency.
Joanna Flores Vincent T. Brown
City Clerk City Attorney
DATE
Moved by:
Seconded by:
Commission Riley:
Commissioner Pigatt:
Commissioner Holmes:
Vice Mayor Kelley:
Mayor Taylor:
\\olpdfs2\Chiefsec2\Agenda Items+Processes\2018\North Miami Beach\1-4a-Draft Resolution[Oversight Bd Clause].docx
City of North Miami Beach MAA
Agenda Package
Agenda Cover Memo
City of Opa-Locka
Agenda Cover Memo
Department 1 ames Dobson Department
Director: Director Si_ ature: ca0 I9; im
Finance Director: Bryan Hamilton FD Signature:
arartiaMMII
De artment
City Manager: Yvette Harrell CM Signature: , A://W;/ L4
Commission 11.14.18 Item Type:
Meeting Date: x MEIN
EnterXin box
Fiscal Impact:
Ordinance Reading:
(EnterXin box) (EnterX in box)
X Public Hearing:
(EnterXin box) X X
Funding Source: (Enter Fund& Advertising Requirement:
Account#• Dept) (EnterXin box) X
Ex:
Contract/P.O. RFP/RFQ/Bi#:
Required: X
(Enter X in box) ■
Strategic Plan Strategic Plan Priority Area: Strategic Plan Obj./Strategy:
Related Enhance Organizational p (list the specific objective/strategy this
(EnterXin box) X Bus.&Economic Dev 0 item will address)
Public Safety J
Quality of Education El
Qual.of Life&City Image CI
Communication 0
Sponsor Name City Manager Department: Police Department City Manager
Mutual Aid Agreement between the Cities of North Miami Beach, FL and Opa-locka, FL
Sa �� "'� x =,_x�,. .�,,. �,wb..��a s «��� �- w�,.. ��� � y,.-, ��a�` °�sv,.n� ��%•�r .�ka"
Staff supports entering into this agreement for joint investigations that may cross City boundaries
On an "as needed" basis as defined by the Mutual Aid Agreement
Attachment:
1. Memorandum dated 10/22/18 from City Manager Yvette Harrell
2. Draft of Opa-locka Resolution
3. (3)Sets of the proposed MAA
4. MAA from 11/13/13 thru 11/13/17 fully executed
5. Opa-locka Resolution 13-8709
City of North Miami Beach MAA
Agenda Package
Memorandum 10/22/18
a/ p
E A
Oqp _
Memorandum
TO: Mayor Myra L. Taylor
Vice Mayor Joseph L. Kelley
Commissioner Timothy Holmes
Commissioner Matthew A Pigatt
Commissioner John Riley
FROM: Yvette Harrell, City Manager
DATE: October 22, 2018
RE: MUTUAL AID AGREEMENT WITH THE CITY OF NORTH MIAMI BEACH, FL
Request: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA,
FLORIDA, TO AUTHORIZE THE CITY MANAGER AND THE CHIEF OF POLICE TO ENTER
INTO AND EXECUTE A VOLUNTARY COOPERATION AND OPERATIONAL ASSISTANCE
MUTUAL AID AGREEMENT BETWEEN THE CITY OF NORTH MIAMI BEACH, FLORIDA
AND THE CITY OF OPA-LOCKA, FLORIDA, FOR LAW ENFORCEMENT SERVICES AND
RESOURCES; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN
EFFECTIVE DATE THROUGH AND INCLUDING NOVEMBER 17, 2021.
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 Resolutions: 13-8709
Analysis: Mutually beneficial support with regard to law enforcement services and resources to
adequately respond to critical situations.
Recommendation(s): Staff Recommends Approval.
Attachments:
1. Agenda Cover Memo
2. Draft of Opa-locka Resolution
3. Three (3) sets of the proposed Voluntary Cooperation & Operation Assistance Mutual Aid
Agreement between the City of North Miami Beach, FL and the City of Opa-locka, FL
4. MAA from 11/13/13 thru 11/13/17 fully executed
S. Opa-locka Resolution 13-8709
Prepared by:
Clancy Huckleberry
End of Memorandum
1
City of North Miami Beach MAA
Agenda Package
MAA from 11/13/13 thru 11/13/17
MUTUAL AID AGREEMENT
Between the City of North Miami Beach Police Department
and the City of Opa Locka Police Department
WHEREAS, it is the responsibility of the governments of the City of North
Miami Beach, Florida, and the City of Opa Locka, Florida, to ensure the public
safety of their citizens by providing adequate levels of police services to address
any foreseeable routine or emergency situation; and
WHEREAS, because of the existing and continuing possibility of the
occurrence of law enforcement problems and other natural and man-made
conditions which are, or are likely to be, beyond the control of the services.
personnel, equipment or facilities of the participating municipal police
departments; and
WHEREAS, in order to ensure the 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 participating Miami-Dade County municipalities; and
WHEREAS, the participating Miami-Dade County municipalities have the
authority to enter into a Mutual Aid Agreement under Chapter 23, Florida
Statutes, the Florida Mutual Aid Act;
WHEREAS, it is to the advantage of each law enforcement agency to
receive and extend mutual aid in the form of law enforcement services and
resources to adequately respond to:
(1) Continuing, multi jurisdiction law enforcement problems, so as to protect
the public peace and safety, and preserve the lives and property of the
people; and
(2) Intensive situations including but not limited to emergencies as defined
under Section 252.34 of the Florida Statutes, or
(3) requests for Mutual Aid by certain law enforcement services specified
herein and as defined under Section 23.1225 of the Florida Statutes; and
1
NOW, THEREFORE, BE IT KNOWN, that the City of North Miami
Beach and the City of Opa Locka, political subdivisions of the State of Florida,
and the undersigned representatives, in consideration of mutual promises to
render valuable aid in times of necessity, do hereby agree to fully and faithfully
abide by and be bound by the following terms and conditions:
1 . Short title: Mutual Aid Agreement
2. Description: Since the Mutual Aid Agreement provides for the requesting
and rendering of assistance for both routine and intensive law
enforcement situations, this Mutual Aid Agreement combines the elements
of both a voluntary cooperation agreement and a requested operational
assistance agreement as described in Chapter 23 Florida Statutes.
3. Definitions:
A. Joint declaration: A document which enumerates the various
conditions or situations where aid may be requested or rendered
pursuant to this Agreement, as determined by concerned agency
heads. Subsequent to execution by the concerned agency heads,
the Joint Declaration shall be filed with the clerks of the respective
political subdivisions and shall thereafter become part of this
Agreement. The Joint Declaration between the City of North Miami
Beach and the City of Opa Locka is attached hereto as Exhibit "A"
and is hereby incorporated by reference. Said declaration may be
amended or supplemented at any time by the agency heads by
filing subsequent declarations, subject to the approval of the legal
counsel of their respective political subdivisions, and filed with the
Clerks of the respective political subdivisions.
2
B. Agency or participating law enforcement agency: Either the
City of North Miami Beach Police Department or the
participating municipal police department.
C. Agency Head: Either the Chief of the City of North Miami Beach,
or the Chief's designee, and the Chief of Police of the participating
municipal police department, or the Chief's designees.
D. Participating municipal police department: The police
department of any municipality in Miami-Dade County, Florida, that
has approved and executed this Agreement upon the approval of
the governing body of the municipality.
E. Certified law enforcement employees: Any law enforcement
employee certified as provided in Chapter 943, Florida Statutes.
4. Operations:
A. In the event that a party to this Agreement is in need of assistance,
as specified in the applicable Joint Declaration and any
Amendments thereto, 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 his or her available resources, and will respond in an
appropriate manner.
B. Each party to this Agreement agrees to furnish necessary man
power, 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 unreasonably deplete its
3
own manpower, equipment, facilities, and other resources and
services in rendering such assistance.
C. The agency heads of the participating law enforcement agencies,
or their designees, shall establish procedures for giving control of
the mission definition to the requesting agency, and for giving
tactical control over accomplishing any such assigned mission and
supervisory control over all personnel or equipment provided
pursuant to this Agreement to the providing agency.
5. Powers, Privileges, Immunities, and Costs:
A. All employees of the participating municipal police department,
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 regularly employed.
B. The political subdivision having financial responsibility for the law
enforcement agency providing the services, personnel, equipment,
or facilities pursuant to the provisions of this Agreement shall bear
any loss or damage to same and shall pay any and all expenses
incurred in the maintenance and operation of same.
C. The political subdivision having financial responsibility for the law
enforcement agency providing aid pursuant to this Agreement shall
compensate all of its employees rendering aid pursuant to this
Agreement, during the time of rendering of such aid, and shall
4
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 exemptions 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 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 extraterritorial under the provisions of this Mutual Aid
Agreement. The provision of this Agreement shall apply with equal
effect to paid and auxiliary employees.
E. Nothing herein shall prevent the requesting agency from requesting
supplemental appropriations from the governing body having
budgetary jurisdiction to reimburse the assisting agency for any
actual costs of expenses incurred by the assisting agency
performing hereunder.
F. The resources of facilities that are assigned shall be under the
immediate command of a supervising officer designated by the
assisting party. Such supervising officer shall be under the direct
supervision and command of the agency head or his designee of
the agency requesting assistance.
G. In accordance with Section 23.127(1), Florida Statutes, whenever
the employees of the responding agencies are rendering aid
5
outside their jurisdiction pursuant to this agreement, such
employees shall have the same powers, duties, rights, privileges,
and immunities as if they were performing their duties in the
municipality in which they are normally employed or appointed.
H. Each municipality will bear the liability arising from the acts
undertaken by its personnel pursuant to this agreement. All of the
privileges and immunity from liability, exemptions from laws,
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 agency when performing their respective function within the
territorial limits of their respective public agencies shall apply to
them in the same degree, manner, and extent while engaged in the
performance of any of their functions and duties extra-territorially
under the provisions of this Mutual Aid Agreement. This section
shall apply with equal effect to paid, volunteer, and auxiliary
employees.
Should either of the participating municipal police departments
receive reimbursement for expenditures from a third party for a
mutual aid event covered by this Agreement, the other participating
municipal police department shall be eligible to receive an equitable
reimbursement share for any actual costs or expenses incurred that
are directly attributable to the event, provided such costs and
expenses are authorized by the third party for reimbursement
purposes.
6. Indemnification: The political subdivision having financial responsibility
for the law enforcement agency providing aid pursuant to this Agreement
agrees to hold harmless, defend, and indemnify the requesting law
enforcement agency and its political subdivision in any suit, action or claim
6
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. Nothing
contained in this Agreement shall be construed or interpreted to be a
waiver of sovereign immunity by either party. This provision shall not
impair or preclude reimbursement of costs by the requesting law
enforcement agency.
7. Forfeitures: It is recognized that during the course of the operation of the
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. The municipality in which any property is
seized pursuant to the Florida Contraband Forfeiture Act shall have
priority to initiate forfeiture proceedings under the Florida Contraband
Forfeiture Act for any matters which arise from a mutual aid event that is
covered by this Agreement, but may allow the other municipality to
prosecute the forfeiture with the written authorization of the legal counsel
for each municipality. Upon a successful forfeiture prosecution, the
forfeiting agency shall share the proceeds with the assisting agency in an
amount commensurate with that agency's level of participation. This shall
occur pursuant to the provisions of the Florida Contraband Forfeiture Act.
8. Conflicts: Any conflicts between this Agreement and the Florida Mutual
Aid Act will be controlled by the provisions of the latter, whenever
conditions exist that are within the definitions stated in Chapter 23, Florida
Statutes. Whenever an officer is rendering assistance pursuant to this
Mutual Aid Agreement, the officer shall abide by and be subject to the
rules and regulations, personnel policies, general orders, and standard
operating procedures of his/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 shall control and shall supersede the
direct order.
9. Complaints: Whenever there is cause to believe that a complaint has
arisen as a result of a Mutual Aid Event as it may pertain to this
Agreement, the Chief of Police or his/her designee of the requesting
agency shall be responsible for the documentation of said complaint to
ascertain at a minimum:
a. The identity of the complainant.
b. An address where the complaining party can be contacted.
c. The specific allegation
d. The identity of the employees accused without regard as to agency
affiliation.
If it is determined that the accused is an employee of the assisting agency,
the above information, with all pertinent documentation gathered during
the receipt and processing of the complaint, shall be forwarded without
delay to the agency 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.
10. Effective Date and Duration: , Agreement shall be in effect from
(40‘,Q,)1 be,
date of signing, through and including may- A3, 2017, and under no
circumstances may this Agreement be renewed, amended or extended
except in writing.
8
11 . Cancellation: This Agreement may be canceled by either party upon
written notice to the other party. Cancellation will be at the discretion of
the chief executive officers of the parties hereto.
AGREED AND ACKNOWLEDGED this _L-$ _day of j\-.0401...be , 201/
CITY OF OPosrLtA t/70 MIAMI BEACH
•"\
Kelvin Bak Ana arcia
City Manager City Manager
ATTEST:
ih ft Avv-
W. 411104; 041(
Joan a Flores Pa ela Latimore
City Clerk City Clerk
As ROV F AS[ O Fq:1M LEGAL SUFFICIENCY:
J1 " -r Jose Smith.
i Attorney 'City Attorney
9
EXHIBIT A
JOINT DECLARATION OF THE CHIEF OF NORTH MIAMI BEACH POLICE DEPARTMENT
AND THE CHIEF OF OPA-LOCKA POLICE DEPARTMENT
PURSUANT TO MUTUAL AID AGREEMENT
A police officer of either of the participating law enforcement agencies shall be considered to
be operating under the provisions of the mutual aid agreement when:
• Participating in law enforcement activities that are preplanned and approved by each
respective agency head, or
• Appropriately dispatched in response to a request for assistance from the other law
enforcement agency.
In compliance with and under the authority of the Mutual Aid Agreement heretofore entered
into by the City of North Miami Beach and the City of Opa-Locka, it is hereby declared that the
following list comprises the circumstances and conditions under which mutual aid may be
requested and rendered regarding police operations pursuant to the agreement. Said list may
be amended or supplemented from time to time as needs dictate by subsequent declarations.
1. Joint multijurisdictional criminal investigations.
2. Civil affray or disobedience, disturbances, riots, large protest demonstrations,
controversial trials, political conventions, labor disputes, and strikes.
3. Any natural disaster.
4. Incidents which require rescue operations and crowd and traffic control measures
including, but not limited to large scale evacuations, aircraft and shipping disasters,
fires, explosions, gas line leaks, radiological incidents, train wrecks and derailments,
chemical or hazardous waste spills, and electrical power failures.
5. Terrorist activities including, but not limited to, acts of sabotage and enemy attacks.
6. Escapes from disturbances within detention facilities.
7. Hostage and barricaded subject situations, and aircraft piracy.
8. Control of major crime scenes, area searches, perimeter control, back-ups to
emergency and in-progress calls, pursuits, and missing person calls.
9. Enemy attack.
10. Transportation of evidence requiring security.
11. Major events: i.e., sporting events, concerts, parades, fairs, festivals, and conventions.
12. Security and escort duties for dignitaries.
2
13. Incidents requiring utilization of specialized units: e.g., underwater recovery, aircraft,
canine, motorcycle. bomb technicians, and crime scene technicians.
14. Emergency or intensive situations in which one agency needs additional assistance to
perform its functional objective.
15. Joint training in areas of mutual need.
16. Participating in exigent situations, without the need for a formal request, which
situations are spontaneous occurrences such as area searches for wanted subjects,
perimeters, crimes in progress, escaped prisoners. traffic stops near municipal
boundaries, request for assistance when no available units are nearby, calls or
transmissions indicating an officer is injured, calls indicating a crime or incident has
occurred in which a citizen may likely be injured and the assisting municipality is closer
to the area than the officer receiving the call.
17. Mutual enforcement of all existing applicable laws and ordinances and exercise of arrest
powers within the area comprising the respective jurisdictional municipal boundaries.
DATE: 4AA — — DATE: 2._ - 2 t _ 1
C){
f )
'''''( ' '-
2-17
J. Scott Dennis, Chief Jeff Key, Chief
North Miami Beach Police Department Opa-Locka Police Department
/7 1
ATT,ES - ,' ATTEST:
If 1 40,Air,-ro
r
Pamela Latimore. City Clerk Joanna Flores. City Clerk
3
City of North Miami Beach MAA
Agenda Package
Legislative History
Opa-locka Resolution #13-8709
Sponsored by: City Manager
RESOLUTION NO. 13-8709
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF OPA-LOCKA,FLORIDA,TO AUTHORIZE THE
CITY MANAGER TO ENTER INTO AND EXECUTE AN
OPERATIONAL ASSISTANCE MUTUAL AID
AGREEMENT WITH THE CITY OF NORTH MIAMI
BEACH, FLORIDA, FOR LAW ENFORCEMENT
SERVICES AND RESOURCES; PROVIDING FOR
INCORPORATION OF RECITALS; PROVIDING FOR AN
EFFECTIVE DATE
WHEREAS, the Mutual Aid Agreement ("MAA") with the City of North Miami Beach
provides for requesting and rendering of assistance for both routine and law enforcement intensive
situations; and
WHEREAS, the City Commission of the City of Opa-locka ("City") desires to work
together with the City of North Miami Beach for law enforcement services and resources to ensure
public safety for the citizens of both cities via the MAA; and
WHEREAS, the City Commission desires to authorize the City Manager to enter into and
execute an operational assistance Mutual Aid Agreement with the City of North Miami Beach.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE CITY COMMISSION OF
THE CITY OF OPA-LOCKA, FLORIDA:
Section 1. The recitals to the preamble herein are incorporated by reference.
Section 2. The City Commission of the City of Opa-locka hereby authorizes and directs
the City Manager to enter into and execute an operational assistance Mutual Aid Agreement with
the City of North Miami Beach, for law enforcement services and resources.
RESOLUTION NO. 13-8709
Section 3. This resolution shall take effect immediately upon adoption.
PASSED AND ADOPTED this 13TH day of November, 2013.
�4 / i
• YRAIF AYLOR
MAYOR
Attest to:
Jo.s . Flores
City Clerk
Approved as o form and legal . iciency:
/
i J. 1 .J,�
ir/Ge er
I' EN '•ON MARDER, PA
• ty Att.rney
,
Moved by: COMMISSIONER JO u. SON
Seconded by: COMMISSIONER HOLMES
Commission Vote: 5-0
Commissioner Holmes: YES
Commissioner Johnson: YES
Commissioner Santiago: YES
Vice-Mayor Kelley: YES
Mayor Taylor: YES
City of North Miami Beach MAA
Agenda Package
(2) sets back to No. Miami Beach
(1) set to Opa-locka; (1) copy to OLPD
Proposed MAA(3) sets
between North Miami Beach & Opa-locka
VOLUNTARY COOPERATION AND OPERATIONAL ASSISTANCE
MUTUAL AID AGREEMENT
BETWEEN THE CITY OF NORTH MIAMI BEACH, FLORIDA
AND THE CITY OF OPA-LOCKA, FLORIDA
This Voluntary Cooperation and Operational Assistance Mutual Aid
Agreement ("Cooperation Agreement") is made as of this day of
, 2018 (Effective Date), by and between the City of North
Miami Beach, Florida, a municipal corporation having its principal office at 17011
NE 19th Avenue, 4th Floor, North Miami Beach, Florida 33162, and the City of
Opa-Locka, Florida having its principal office at 780 Fisherman Street, 4th Floor,
Opa-Locka, Florida 33054.
RECITALS
WHEREAS, it is the responsibility of the governments of the City of Opa-
Locka, Florida, and the City of North Miami Beach, Florida, to ensure the public
safety of their respective citizens by providing adequate levels of police services to
address any foreseeable routine or emergency situation; and
WHEREAS, because of the existing and continuing possibility of the
occurrence of law enforcement problems and other natural and man-made conditions
which are, or are likely to be, beyond the control of the services, personnel,
equipment, or facilities of the City of Opa-Locka Police Department or the City of
North Miami Beach Police Department; and
WHEREAS, in order to ensure that preparation of these law enforcement
agencies will be adequate to address any and all of these conditions, to protect the
public peace and safety, and to preserve the lives and property of the people of the
City of Opa-Locka, Florida, and the City of North Miami Beach, Florida; and
WHEREAS, it is to the advantage of each law enforcement agency to
receive and extend mutual aid in the form of law enforcement services and resources
to adequately respond to:
(1) Continuing, multi jurisdiction law enforcement problems, so as to protect
the public peace and safety, and preserve the lives and property of the
people; and
(2) Intensive situations including but not limited to emergencies as defined
under Section 252.34 of the Florida Statutes, or requests for certain law
enforcement services specified herein and as defined under Section
23.1225 of the Florida Statutes; and
WHEREAS, the City of Opa-Locka and the City of North Miami Beach have
the voluntary cooperation and assistance authority under the Florida Mutual Aid Act,
Sections 23.12-23.127 of the Florida Statutes, to enter into this Voluntary
Cooperation and Operational Assistance Mutual Aid Agreement ("Cooperation
Agreement") for law enforcement service which:
(1) Permits voluntary cooperation and operational assistance of a routine law
enforcement nature across jurisdictional lines as allowed under Section
23.1225, of the Florida Statutes; and
(2) Provides for rendering of assistance in a law enforcement emergency as
defined in Section 252.34 of the Florida Statutes.
NOW THEREFORE, BE IT KNOWN that the City of Opa-Locka, Florida, and the
City of North Miami Beach, Florida, 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:
SECTION I. PROVISIONS FOR VOLUNTARY COOPERATION
Each of the aforesaid law enforcement agencies hereby approve and enter
into this Cooperation Agreement whereby each of the agencies may request and render
law enforcement assistance to the other in dealing with any violations of Florida
Statutes to include, but not necessarily be limited to, investigating sex offenses,
robberies, assaults, batteries, burglaries, larcenies, gambling, motor vehicle thefts, drug
violations pursuant to Chapter 893 of the Florida Statutes, backup services during
patrol activities, and interagency task forces and/or joint investigation as set forth
pursuant to, and under the authority of Chapter 23 of the Florida Statutes.
SECTION II. PROVISIONS FOR OPERATIONAL ASSISTANCE
The aforesaid law enforcement agencies hereby approve and enter into this
Cooperation Agreement whereby each of the agencies may request and render law
enforcement assistance to the other to include, but not necessarily be limited to dealing
with, the following:
1. Joint multi-jurisdictional criminal investigations.
2. Civil affray or disobedience, disturbances, riots, large protest demonstrations and
assemblies, controversial trials, political conventions, labor disputes, and strikes.
3. Any natural disaster.
4. Incidents which require rescue operations and crowd and traffic control measures
including, but not limited to, large-scale evacuations, aircraft and shipping
disasters, fires, explosions, gas line leaks, radiological incidents, train wrecks and
derailments, chemical or hazardous waste spills, and electrical power failures.
5. Terrorist activities including, but not limited to, acts of sabotage.
6. Escapes from, or disturbances within, prisoner processing facilities.
7. Hostage and barricaded subject situations, and aircraft piracy.
8. Control of major crime scenes, area searches, perimeter control, back-ups to
emergency and in-progress calls, pursuits, and missing person calls.
9. Enemy attack.
10.Transportation of evidence requiring security.
11.Major events, e.g., sporting events, concerts, parades, fairs, festivals, and
conventions.
12.Security and escort duties for dignitaries.
13.Incidents requiring utilization of specialized units; e.g., underwater recovery,
aircraft, canine, motorcycle, bomb, crime scene and police information.
14.Emergency situations in which one agency cannot perform its functional
objective.
15.Joint training in areas of mutual need.
16.Joint multi-jurisdictional marine interdiction operations.
The following procedures will apply in mutual aid operations:
1. Mutual aid requested or rendered will be approved by the Chief of Police, or
designee.
2. Specific reporting instructions for personnel rendering mutual aid will 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 each agency's communications centers will maintain radio contact with
each other 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
of the requesting agency, or directors involved.
SECTION III. PROCEDURE FOR REQUESTING ASSISTANCE AND LIMITATIONS
OF ASSISTANCE
In the event that a party to this Cooperation Agreement is in need of assistance
as set forth above, the Chief of Police or his/her designee, shall notify the Chief of
Police or his/her designee from whom such assistance is requested. The Chief of
Police or authorized agency representative whose assistance is sought shall evaluate
the situation and the agency's available resources, consult with his/her supervisors, if
necessary, and will respond in a manner he/she deems appropriate.
The Chief of Police in whose jurisdiction assistance is being rendered may
determine who is authorized to lend assistance in his/her jurisdiction, for how long such
assistance is authorized, and for what purpose such authority is granted. This authority
may be granted either verbally or in writing as the particular situation dictates.
Should a law enforcement officer be in another subscribed agency's jurisdiction for
matters of a routine nature, such as traveling through the area on routine business,
attending a meeting or going to or from work, and a violation of Florida Statutes occurs
in the presence of said party, representing his/her respective agency, HE/SHE SHALL
ONLY BE EMPOWERED TO RENDER ENFORCEMENT ASSISTANCE AND ACT
IN ACCORDANCE WITH FLORIDA LAW. Should enforcement assistance be taken,
said party shall notify the agency having normal jurisdiction, and upon the latter's
arrival, turn the situation over to them and offer any assistance requested, including but
not limited to, a follow-up written report documenting the event and the actions taken. This
provision, so prescribed in this paragraph, shall not grant general authority to conduct
investigations, serve warrants, and/or subpoenas or to respond without request to
emergencies already being addressed by the agency of normal jurisdiction, but is
intended to address critical, life-threatening or public safety situations, prevent bodily
injury to citizens, or secure apprehension of criminals whom the law enforcement officer
may encounter and such encounter results in a breach of the peace.
The parties acknowledge that the policy of the Florida Mutual Aid Act is to provide a
means to deal with disasters, emergencies, and other major law enforcement
problems. This Cooperation Agreement shall not extend police powers beyond the
specific additional authority granted by the Legislature in Chapter 23 of the Florida
Statutes, which intent was to assure the continued functioning of law enforcement in
times of emergencies or in areas where major law enforcement efforts were being
thwarted by jurisdictional barriers, and the respective parties, police officers and
authority are limited to those instances where the subject matter of the investigation
originates inside the municipal city limits.
SECTION IV. COMMAND AND SUPERVISORY RESPONSIBILITY
The personnel and equipment that are assigned by the assisting Agency shall be
under the immediate command of a supervising officer designated by the assisting
Agency. Such supervising officer shall be under the direct supervision and command
of the Chief of Police or his/her designee of the agency requesting assistance.
SECTION V. CONFLICTS
Whenever an officer is rendering assistance pursuant to this Cooperation
Agreement, the officer shall abide by and be subject to the rules and regulations,
personnel policies, general orders, and standard operating procedures of his/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 shall control and shall supersede the direct order.
SECTION VI. HANDLING 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 Cooperation Agreement, the Chief of Police or
his/her designee of the requesting agency shall be responsible for the documentation of
said complaint to ascertain at a minimum:
1. The identity of the complainant.
2. An address where the complaining party can be contacted.
3. The specific allegation.
4. The identity of the employees accused without regard as to agency affiliation.
If it is determined that the accused is an employee of the assisting agency, the
above information, with all pertinent documentation gathered during the receipt and
processing of the complaint, shall be forwarded without delay to the agency 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 VII. LIABILITY
Each party engaging in any mutual cooperation and assistance, pursuant to
this Cooperation Agreement, agrees to assume full and final responsibility for the acts,
omissions or conduct of such party's own employees while engaged in rendering
such aid pursuant to this Cooperation Agreement, subject to the provisions of Section
768.28 of the Florida Statutes, where applicable.
SECTION VIII. POWERS, PRIVILEGES, IMMUNITIES AND EXPENDITURES
(a) Employees of the City of Opa-Locka and the City of North Miami Beach,
when actually engaging in mutual cooperation and assistance outside of their
normal jurisdictional limits but inside this State, under the terms of this Agreement,
shall pursuant to the provisions of Section 23.127(1) of the Florida Statutes (as
amended), have the same powers, duties, rights, privileges and immunities as if
the employee was performing duties inside the employee's political subdivision
in which normally employed.
(b) Each party agrees to furnish necessary personnel equipment, resources and
facilities and to render services to each other party to this Cooperation
Agreement as set forth above; provided however, that no party shall be
required to deplete unreasonably its own personnel, equipment, resources,
facilities, and services in furnishing such mutual aid.
(c) A party that furnishes equipment pursuant to this Cooperation Agreement must
bear the cost of loss or damage to that equipment and must pay any
expense incurred in the operation and maintenance of that equipment.
(d) The agency furnishing aid pursuant to this Cooperation Agreement shall
compensate its appointees/employees during the time such aid is rendered
and shall defray the actual travel and maintenance expenses of its employees
while they are rendering such aid, including any amounts paid or due for
compensation due to personal injury or death while such employees are
engaged in rendering such aid.
(e) To the extent provided by applicable law, ordinance, or rule, the privileges and
immunities from liability, exemption from laws, ordinances and rules, and all
pension, insurance, relief, disability, worker's compensation, salary, death and
other benefits that apply to the activity of an employee of an agency when
performing the employee's duties within the territorial limits of the employee's
agency apply to the employee to the same degree, manner, and extent while
engaged in the performance of the employee's duties extraterritorially under
the provisions of this Cooperation Agreement. The provisions of this section
shall apply to paid, volunteer, and reserve employees.
(f) Nothing herein shall prevent the requesting agency from requesting
supplemental appropriations from the governing authority having
budgeting jurisdiction to reimburse the assisting agency for any actual
costs or expenses incurred by the assisting agency performing hereunder.
(g) Should the City of Opa-Locka receive reimbursement for expenditures from
a third party for a mutual aid event covered by this Cooperation Agreement, the
City of North Miami Beach shall be eligible to receive an equitable
reimbursement share for any actual costs or expenses incurred that are
directly attributable to the event, provided such costs and expenses are
authorized by the third party for reimbursement purposes.
(h) Should the City of North Miami Beach receive reimbursement for
expenditures from a third party for a mutual aid event covered by this
Cooperation Agreement, the City of Opa-Locka costs or expenses incurred
that are directly attributable to the event, provided such costs and expenses
are authorized by the third party for reimbursement purposes.
(i) The municipality/agency in which any property is seized pursuant to the
Florida Contraband Forfeiture Act shall have exclusive authority to initiate
forfeiture proceedings under the Florida Contraband Forfeiture Act for any
matters which arise from a mutual aid event that is covered by this
Cooperation Agreement. However, the municipality/agency with the right to
proceed with the forfeiture may allow the other municipality/agency to
prosecute the forfeiture with the written authorization of the Chief of Police
and the legal counsel for each municipality/agency. The
municipality/agency pursuing the forfeiture action shall have the exclusive
right to control and the responsibility to maintain the property, including, but
not limited to, the complete discretion to bring the action, or to dismiss the
action, or settlement the forfeiture. The property shall be seized and forfeited
in accordance with this agreement, and the proceeds, if any, shall be
equitably distributed among the participating municipalities/agencies in
proportion to the amount of investigation and participation performed by
each municipality/agency, less the costs associated with the forfeiture
action. Any participating municipality/agency must request sharing, in writing
before the entry of the Final Order of Forfeiture, or they will be barred from
claiming any portion of the property forfeited.
SECTION IX. INSURANCE
Each party shall provide satisfactory proof of liability insurance by one or more of
the means specified in Section 768.28(16)(a) of the Florida Statutes (2010}, in an
amount which is, in the judgment of the governing body of that party, at least
adequate to cover the risk to which that party may be exposed. Should the insurance
coverage, however provided, of any party be canceled or undergo material change,
that party shall notify all parties to this agreement of such change within ten (10) days of
receipt of notice or actual knowledge of such change.
SECTION X. EFFECTIVE DATE
This Agreement shall take effect upon execution and approval by both parties
and shall continue in full force and effect until November 17, 2021. Under no
circumstances may this agreement be renewed, amended, or extended except in
writing.
SECTION XI. CANCELLATION
Either party may cancel its participation in this Agreement at any time upon
delivery of written notice to the other party.
In witness whereof, the parties hereto cause to these presents to be signed on
the date specified.
AGREED TO AND ACKNOWLEDGED this day of , 2018.
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CITY OF NORTH MIAMI BEACH CITY OF OPA-LOCKA
WILLIAk 4 w RNA 1 EZ JAMES DOBSON
CHIEF SF POLIC, / CHIEF OF POLICE
Date / ' ? (6 Date:
HAMM
Al% M G A RCI i , ICMA-CM YVETTE J. HARRELL, ESQ.
CITY MANAGER
CITY MANAGER
gat ( Date:
weir°. v r ' 1 '' MAYOR
D. • _I Date:
' ' ittliW Ai
PAMELA LA Y ORE JOANNA FLORES.
CITY CLERK CITY CLERK
Date: A 7..r2 I I' Date:
SIGNED AS TO FORM, LANGUAGE, SIGNED AS TO FORM, LANGUAGE
LEGAL Y AND EXECUTION THEREOF LEGALITY AND EXECUTION THEREOF
i ii" 'Asap, " IF Li JC g
• "1r ' ► H . SQ. r, VINCENT T. BROWN
CITY AT io 'NEY �I CITY ATTORNEY