HomeMy Public PortalAbout18-9574 MMA w/ The City of Sweetwater Sponsored by: City Manager
RESOLUTION NO. 18-9574
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 (MAA) WITH THE CITY OF
SWEETWATER, FLORIDA, SUBSTANTIALLY IN THE
FORM ATTACHED, FOR LAW ENFORCEMENT
SERVICES AND RESOURCES EFFECTIVE THROUGH
AND INCLUDING MARCH 31, 2022; PROVIDING FOR
INCORPORATION OF RECITALS; PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the City of Opa-locka, Florida, and the City of Sweetwater, 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 Sweetwater 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 Sweetwater.
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 Sweetwater, 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. 18-9574
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. �1
/ t/,
.
f yr L. Taylor
Mayor
Attest to: Approved as to form and legal sufficiency:
i afal"--
G 1J v
Joa l a Flores ' ' "`BROWN LAW GROU'
Cit Clerk City Attorney
Moved by: VICE MAYOR KELLEY
Seconded by: COMMISSIONER HOLMES
Commissioner Vote: 3-2
Commissioner Holmes: YES
Commissioner Riley: NO
Commissioner Pigatt: YES
Vice Mayor Kelley: NO
Mayor Taylor: YES
City of Sweetwater 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 MUTUAL AID
AGREEMENT (MAA) WITH THE CITY OF
SWEETWATER, FLORIDA, IN SUBSTANTIALLY THE
FORM ATTACHED HERETO, FOR LAW ENFORCEMENT
SERVICES AND RESOURCES EFFECTIVE THROUGH
AND INCLUDING MARCH 31, 2023; PROVIDING FOR
INCORPORATION OF RECITALS;
WHEREAS, the City of Opa-locka, Florida, and the City of Sweetwater, 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 Sweetwater 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 Sweetwater.
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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 Sweetwater, 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\Sweetwater\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\Sweetwater\1-4a-Draft Resolution[Oversight Bd Clause].docx
City of Sweetwater MAA
Agenda Package
Agenda Cover Memo
• a V4� .,
City of Opa-Locka
Agenda Cover Memo
Department James Dobson Department
Director: Director Signature:
Finance Director: Bryan Hamilton FD Signature: •
Department
City Manager: Yvette Harrell CM Signature: 40
Commission 11.14.18 Item Type:
Meeting Date:
X
(EnterXin box)
Fiscal Impact: Ordinance Reading:
(EnterXin box) (EnterXin box)
X Public Hearing:
(EnterXin box)
(Enter Fund& Advertising Requirement: .,
Funding Source: Dept) (EnterXin box)
Account#: R
Ex:
Contract/P.O. RFP/RFQ/Bi#:
Required: X
(EnterXin box)
Strategic Plan Strategic Plan Priority Area: Strategic Plan Obj./Strategy:
Related Enhance Organizational D (list the specific objective/strategy this
(Enter X in box) X Bus.&Economic Dev item will address)
Public Safety
Quality of Education D
Qual.of Life&City Image D
Communication D
Sponsor Name City Manager Department: Police Department City Manager
Ya.
Mutual Aid Agreement between the Cities of Sweetwater, FL and Opa-locka, FL
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 10/23/18 from City Manager Yvette Harrell
2. Draft of Opa-locka Resolution
3. (3)Sets of the proposed MAA
4. MAA from 04/14/14 thru 11/01/18 fully executed
5. Opa-locka Resolution 14-8784
City of Sweetwater MAA
Agenda Package
Memorandum 10/23/18
O/
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ti
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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 23, 2018
RE: MUTUAL AID AGREEMENT WITH THE CITY OF SWEETWATER, 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 MUTUAL AID AGREEMENT BETWEEN THE CITY of
SWEETWATER, 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 MARCH
31, 2023.
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: 14-8784
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 Mutual Aid Agreement between the City of Sweetwater, FL and the
City of Opa-locka, FL
4. Previous MAA from 4/14/14 thru 11/1/18 fully executed
5. Opa-locka Resolution 14-8784
Prepared by:
Clancy Huckleberry
End of Memorandum
1
City of Sweetwater MAA
Agenda Package
Legislative History
Opa-locka Resolution #14-8784
Sponsored by: City Manager
RESOLUTION NO. 14-8784
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
OPA-LOCKA,AUTHORIZING THE CITY MANAGER AND THE
CHIEF OF THE OPA-LOCKA CITY POLICE DEPARTMENT TO
ENTER INTO AND EXECUTE A VOLUNTARY COOPERATION
AND OPERATIONAL ASSISTANCE MUTUAL AID AGREEMENT
WITH THE CITY OF SWEETWATER FOR LAW
ENFORCEMENT SERVICES AND RESOURCES; PROVIDING
FOR INCORPORATION OF RECITALS; PROVIDING FOR AN
EFFECTIVE DATE
WHEREAS,the City Commission of the City of Opa-locka desires the Opa-locka Police
Department to have adequate support during times of crisis;and
WHEREAS,the City of Opa-locka and the City of Sweetwater will negotiate a Mutual Aid
Agreement; and
WHEREAS,the Mutual Aid Agreement(MAA)between the City of Opa-locka and the City
of Sweetwater will provide for voluntary cooperation and operational assistance for law enforcement
services and resources.
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,Florida,hereby authorizes the
City Manager and the Chief of the Opa-locka City Police Department to enter into and execute a
Voluntary Cooperation and Operational Assistance Mutual Aid Agreement with the City of
Sweetwater for law enforcement services and resources.
Resolution No. 14-8784
Section 3. This Resolution shall take effect immediately upon adoption.
PASSED AND ADOPTED this 9t'day of April,2014.
T
MAYOR
Attest to: Approved as to orm and legal sufficiency:
441 4 l , 1 1101 '
J; a Flores Jo �►q - er -
City Clerk G' ENSP'ON MARDER,PA
ty Atto ey
Moved by: COMMISSIONER HOLMES
Seconded by: COMMISSIONER JOHNSON
Commission Vote: 4-0
Commissioner Holmes: YES
Commissioner Johnson: YES
Commissioner Santiago: YES
Vice-Mayor Kelley: NOT PRESENT
Mayor Taylor: YES
City of Sweetwater MAA
Agenda Package
Previous Sweetwater MAA
from 4/14/14 through 11/1/18
COMBINED VOLUNTARY COOPERATION AND
OPERATIONAL ASSISTANCE
MUTUAL AID AGREEMENT
BETWEEN
THE CITY OF SWEETWATER, FLORIDA AND
THE CITY OF OPA-LOCKA, FLORIDA
This Voluntary Cooperation and Operational Assistance Mutual Aid Agreement is made as
of this I'+' day of AP .tL , 20 Iy , by and between the CITY OF
SWEETWATER, FLORIDA, a Florida municipal corporation, having its principal office at
500 Southwest 109th Avenue Sweetwater, Florida 33174, and the CITY OF OPA-LOCKA,
FLORIDA, a Florida municipal corporation having its principal office at 3400 Northwest
135th Street Bldg. B Opa-Locka, Florida 33054 and states as follows:
WHEREAS, it is the responsibility of the governments of the City of Sweetwater,
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, 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 City of Sweetwater Police Department or the City of Opa-Locka Police Department;
and
WHEREAS, it is in the best interest and advantage of the City of Opa-Locka and
the City of Sweetwater to receive and extend mutual aid to each other in the form of law
enforcement services and resources to adequately respond to:
(1) Continuing, multi-jurisdictional criminal activity, 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, natural or manmade
disasters or emergencies as defined under Section 252.34, Florida Statutes;
and
1
(3) Joint provision of certain law enforcement services specified herein and
allowed pursuant to Florida Statute 166.0495; and
WHEREAS, the City of Opa-Locka and the City of Sweetwater have the authority
under The Mutual Aid Act, Chapter 23, Part I, Florida Statutes, to enter into a combined
mutual aid agreement for law enforcement services which:
(1) Permits voluntary cooperation and assistance of a routine law enforcement
nature across jurisdictional lines; and
(2) Provides for rendering of assistance in a law enforcement emergency.
NOW, THEREFORE, BE IT KNOWN, that the City of Opa-Locka, a political
subdivision of the State of Florida, and the City of Sweetwater, a political subdivision of
the State of 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
agreement whereby each of the agencies may provide voluntary coope.ration and
assistance of a routine law enforcement nature across jurisdictional lines. The nature of
the law enforcement assistance to be rendered shall include but not be limited to:
a. Concurrent law enforcement jurisdiction in and throughout the territorial
limits of the City of Opa-Locka and the City of Sweetwater 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.
b. Concurrent law enforcement jurisdiction in and throughout the territorial
limits of the City of Opa-Locka and the City of Sweetwater for arrests, made
pursuant to the laws of arrest, of persons identified as a result of
2
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.
c. Concurrent law enforcement jurisdiction in and upon the jurisdictional waters
of the City of Opa-Locka and the City of Sweetwater for arrests, made
pursuant to the laws of arrest, for felonies and misdemeanors and boating
infractions.
d. Participating in exigent situations, without the need for a formal request,
including, but not limited to, area searches for wanted subjects, perimeters,
crimes in progress, escaped prisoners, traffic stops near municipal
boundaries, requests for assistance when no available local units are
nearby, 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.
e. Concurrent law enforcement jurisdiction in and throughout the territorial
limits of the City of Opa-Locka and the City of Sweetwater for investigations
of homicides, sex offenses, robberies, assaults, batteries, burglaries,
larcenies, gambling, motor vehicle thefts, drug violations pursuant to Chapter
893, Florida Statutes, and inter-agency task forces _ and/or joint
investigations.
Prior to any officer taking enforcement action pursuant to paragraphs (a) through
(e) above, the officer shall notify 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. If the agency having normal jurisdiction
responds to the scene the assisting agency's officer may 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.
These provisions are not intended to 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
3
citizens, or secure apprehension of criminals whom the law enforcement officer may
encounter.
SECTION II: PROVISIONS FOR OPERATIONAL ASSISTANCE
The aforesaid law enforcement agencies hereby approve and enter into this
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, technological or manmade 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,
marine patrol, aircraft, canine, motorcycle, bicycle, mounted, SWAT, bomb,
crime scene and police information.
14. Emergency situations in which one agency cannot perform its functional
objective.
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15. Joint training in areas of mutual need.
16. Joint multi-jurisdictional marine interdiction operations.
17. Off-duty special events.
18. DUI Checkpoints.
SECTION III: PROCEDURE FOR REQUESTING OPERATIONAL ASSISTANCE
1. Mutual aid requested or rendered will be approved by the Chief of Police, or
designee. The Chief of Police, or designee, of the agency 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.
2. 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.
3. Specific reporting instructions for personnel rendering mutual aid will be
included in the request for mutual aid. In the absence of such reporting instructions,
personnel will report to the ranking on-duty supervisor on the scene.
4. Communications instructions should 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.
5. Incidents requiring mass processing of arrestees, transporting prisoners, and
operating temporary detention facilities will be handled per established procedures of the
requesting agency or Chief of Police involved.
SECTION IV: COMMAND AND SUPERVISORY RESPONSIBILITY
a. COMMAND:
The personnel and equipment that are assigned by the assisting Chief of Police
shall be under the immediate command of a supervising officer designated by the
assisting Chief of Police. 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.
5
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/her own employer. If any such rule,
regulation, personnel policy, general order or standing 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.
c. 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 agreement, the 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 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 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 V: LIABILITY
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
6
party's own employees while engaged in rendering such aid pursuant to this agreement,
subject to the provisions of Section 76828, Florida Statutes, where applicable.
SECTION VI: POWERS, PRIVILEGES, IMMUNITIES AND COSTS
a. Employees of the City of Opa-Locka and the City of Sweetwater 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), Fla. Stat. (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 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. The political subdivision that furnishes equipment pursuant to this
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 political subdivision furnishing aid pursuant to this agreement shall
compensate its employees during the time of the rendering of aid and shall defray (provide
for the payment of) the actual travel and maintenance expenses of its employees while
they are rendering aid, including any amounts paid or due for compensation for personal
injury or death while its employees are rendering aid.
e. The privileges and immunities from liability, exemption from laws, ordinances
and rules, and pension, insurance, relief, disability, workers' 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 mutual aid agreement.
This section applies to paid, volunteer, reserve and auxiliary 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.
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SECTION VII: FORFEITURES
a. In the event an agency seizes any real property, vessel, motor
vehicle, aircraft, currency or other property pursuant to the Florida Contraband Forfeiture
Act during the performance of this agreement, the agency requesting assistance in the
case of requested operational assistance and the seizing agency in the case of voluntary
cooperation shall be responsible for maintaining any forfeiture action pursuant to Chapter
932, Florida Statutes. The agency pursuing the forfeiture action shall have the exclusive
right to control and the responsibility to maintain the property in accordance with Chapter
932, Florida Statutes, to include, but not be limited to, the complete discretion to bring the
action or dismiss the action.
b. All proceeds from forfeited property seized as a result of or in
accordance with this agreement shall be divided equally between the parties, less the
costs associated with the forfeiture action.
SECTION VIII: INSURANCE
Each political subdivision shall provide, upon request, satisfactory proof of liability
insurance by one or more of the means specified in Section 768.28, Florida Statutes, in an
amount which is, in the judgment of the governing body of that political subdivision, 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 the notice or actual knowledge of such change.
SECTION IX: EFFECTIVE DATE
This agreement shall take effect upon execution and approval by the hereinafter
named officials and shall continue in full force and effect until November 1, 2018. Under
no circumstances may this agreement be renewed, amended or extended except in
writing.
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SECTION X: CANCELLATION
Either party may cancel its participation in this agreement upon delivery of written
notice to the other political subdivision. Cancellation will be at the discretion of any political
subdivision to this mutual aid agreement.
IN WITNESS WHEREOF, the parties hereto cause to these presents to be signed
on the date first written above.
AGREED AND ACKNOWLEDGED this I41." day of l'-IL 20 I-1
Ai . A4
JOS M. • IAZ III. KE I L. :AKER
May• City Manager
City of Sweetwater City of Opa-Locka
Date: Date: 4f 1y 114
ATTEST: ATTEST: ' -()3'k-l--P
ILL..-..". Alle -I, :...e...02.e_.-.1 0:4,.►,.k .
MARIE O. SCH DT ' ` JO'NNA FLORES
City Clerk Ci r Clerk
City of Sweetwater City of Opa-Locka
APPROV AS FORM AND APPROVED AS TO FORM AND
LEGAL SU Fl ENCY: LEGAL SUFFICIENCY: '
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C_____/-,-;-,„. c,A,--- 1 /(.....____
',t �� J '.I
RALP ENT JO. ' Ir GEE' A
City Attorney Ci Atto e h
id/ _44110,..---
SO •CAL JE RE gib 4-) 1
Chief of Police Chie • 'police
City of Sweetw- er City of Opa-Locka
9
City of Sweetwater MAA
Agenda Package
(2) sets back to Sweetwater
(1) set to Opa-locka (1) copy to OLPD
Proposed MAA(3) sets
between Sweetwater & Opa-locka
Set 1 of 3
MUTUAL AID AGREEMENT
BETWEEN THE CITY OF SWEETWATER AND
THE CITY OF OPA-LOCKA
Whereas, it is the responsibility of the governments of the City of Sweetwater,
and the City of Opa-Locka, 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 City of
Sweetwater Police Department or the City of Opa-Locka Police Department;and
Whereas, in order to ensure that the resources of these law enforcement agencies
will be adequate to address any and all these conditions, to protect the public peace and
safety, and to preserve the lives and property of the people of the City of Sweetwater and the
City of Opa-Locka; and
Whereas, City of Sweetwater and the City of Opa-Locka have the authority under
Chapter 23,Florida Statutes,the"Florida Mutual Aid Act,"to enter into this Mutual Aid
Agreement.
NOW, THEREFORE, BE IT KNOWN that the City of Sweetwater and the
City of Opa-Locka, municipal corporations of the State of Florida, by and through their
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.
2. Description: This Mutual Aid Agreement ("Agreement") provides for the
requesting and rendering of assistance for both routine and law enforcement intensive
situations; thus, this Agreement combines the elements of both a voluntary cooperation
agreement and a requested operational assistance agreement, as described in Chapter 23,
Florida Statutes.
11Page
3. j'lefinitiona:
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 police agency heads.
Subsequent to execution by the concerned agency heads, the joint
declaration shall be filed with the clerks of the respective municipalities
and shall thereafter become part of this Agreement. Said declaration
may be amended or supplemented by mutual agreement at any time, upon
filing a subsequent declaration with the clerks of the respective
municipalities. A copy of the Joint Declaration is attached hereto as
Exhibit"A."
b. Law Enforcement Agencies: The Police Department of the City of
Sweetwater and/or the Police Department of the City of Opa-Locka.
c. Agency Head: Either the Chief of the City of Sweetwater
Police Department or the Chiefs designees; and the Chief of the
City of Opa-Locka Police Department, or the Chiefs designees.
d. Participating Municipal Police Department: The Police
Department of any municipality in Sweetwater-Dade County, Florida,
that has approved and executed this Agreement upon the approval of
the governing body of that municipality.
e. Certified Law Enforcement Employee: Any law enforcement
employee certified as provided in Chapter 943, Florida Statutes.
4. Operations
a. In the event that a party to this Agreement is in need of assistance as
specified in the applicable joint declaration, an authorized
representative of the Police Department requiring assistance shall notify
the Agency from whom such assistance is requested. The authorized
Agency Representative whose assistance is sought shall evaluate the
situation and his/her available resources, and will respond in a manner
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deemed appropriate. The Agency Head's decision in this regard shall
be final.
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.
5. powers. Privileges. Immunities. and Costs:
a. All employees of the participating Law Enforcement Agencies,
including Certified Law Enforcement Employees, during such time
that said employees are actually providing aid outside of the
jurisdictional limits of the employed 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 municipality in which they are normally
employed. Should a violation of Florida law occur in the presence of a
Certified Law Enforcement Employee representing his/her respective
Law Enforcement Agency in furtherance of this Agreement, he/she shall
be empowered to render enforcement assistance and act in accordance
with Florida law.
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b. Each party agrees to furnish equipment, resources and facilities, and to
render services to the other party to this Agreement as provided for
herein; provided, however,that no party shall be required to unreasonably
deplete its own equipment, resources, facilities and services in furnishing
such mutual aid.
c. The municipality having fmancial responsibility for the Law
Enforcement Agency providing services, personnel, equipment, or
facilities pursuant to 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.
d. The municipality 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 the rendering of such aid and shall defray
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, and also include all
benefits normally due such employees. Notwithstanding the foregoing, if
the requesting Law Enforcement Agency receives compensation from the
Federal Emergency Management Agency, the requesting Law
Enforcement Agency may compensate the assisting Law Enforcement
Agency during the time of the rendering of such aid and may defray the
actual travel and maintenance expenses of the Certified Law
Enforcement Employees while they are rendering such aid, including any
amounts paid or due for compensation as a result of personal injury or
death while such Certified Law Enforcement Employees are rendering
such aid pursuant to this Agreement.
d. All of the privileges and immunities from liability, exemption from
ordinances and rules, and all pension, insurance, relief, disability,
workers' compensation, salary, death, and other benefits which apply to
41 Page
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 and provisions in Chapter 23,Florida Statutes.
9. Effective Date and Duration: This Agreement shall be in effect from date
of signing by both parties, through and including, March 31, 2023. Under no
circumstances may this Agreement be renewed, amended, or extended except in writing.
10. Cancellation: This Agreement may be canceled by either party upon sixty (60)
days written notice to the other party.
A/bra
AGREED TO AND ACKNOWLEDGED this day offjetC 2018.
O''ando Lop- • •yor Myra L. Taylor, Mayor
City of S -etwater,Florida City of Opa-Locka,Florida
Date: LO Q Date:
• •• .400111 " James Dobson
Chief of Police Chief of Police
City of Sweetwater,Florida City of Opa-Locka,Florida
Date: if - Vivi( Date:
Attest: Attest:
_moat
armen Garcia Joanna Flores
City Clerk- City Clerk
City of Sweetwater,Florida City of Opa-Locka,Florida
Date: it-2-Z-+/Q Date:
Approved • to form and legal sufficiency: Approved as to form and legal sufficiency:
Gu' ermo Cuadra Vincent T. Brown
City Attorney City Attorney
Date: y— Z- Z')/8 Date:
61Page
FXAIBIT"A"
JOINT DECLARATION OF THE CHIEF OF POLICE OF THE CITY OF
SWEETWATER POLICE DEPARTMENT AND THE CHIEF OF POLICE OF THE
CITY 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 pre-planned 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 Sweetwater 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 by subsequent declarations.
1) Joint multi jurisdiction criminal investigations.
2) Civil affray or disobedience, disturbance, riots, large protest demonstrations, controversial
trials,political conventions, labor disputes, and strikes.
3) Any natural disaster.
4) Incidents that require rescue operations and crowd 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 detention facilities.
7) Hostage and barricaded subject situations, and aircraft piracy.
8) Control of major crimes scenes, area searches, perimeter control, backups to emergency and
in-progress calls,pursuits, and missing persons' calls.
9) Enemy attack.
10)Transportation of evidence requiring security.
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11)Major events; e.g.,sporting events, concerts,parades,fairs,festivals,and conventions.
12)Security and escort duties for dignitaries.
13)Emergency situations in which one agency cannot perform its functional objective.
14)Incidents requiring utilization of specialized units; e.g., underwater recovery, aircraft,
canine,motorcycle,bomb,crime scene,marine patrol, and police information.
15)Joint training in areas of mutual need.
16)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.
The following procedures will apply in mutual aid operations:
1) Mutual aid requested or rendered will be approved by the Chief of Police designee. 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.
2) 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.
3) Incidents requiring mass processing of arrestees, transporting prisoners, and operating
temporary detention facilities will be handled per established procedures.
[SIGNATURES ON FOLLOWING PAGE]
Wage
....if/
' •c'•o r,".." James Dobson
Chief of Police Chief of Police
City of Sweetwater,Florida City of Opa-Locka,Florida
Date: i/- 2.--- 2-o/" Date:
Attest: ' Attest:
Carmen(rarciaj Joanna Flores
City Clerk` City Clerk
City of Sweetwater,Florida City of Opa-Locka,Florida
Date: y-2 - 2,471 l Date:
Approved as to form and Approved as to form and
Legal sufficiency: legal sufficiency:
46 . �
it ' 1- o Cuadra Vincent T.Brown
City Attorney City Attorney
Date: y. 2 - 2/Q Date:
91 Page