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08-16-05 Item 7CITY OF SOUTH MIAMI Inter - office Memorandum TO: Honorable Mayor, Vice Mayor and City Commission FROM: Maria V. Davis . City Manager RESOLUTION South Miami bcftd All- AmerieaNy 2001 Date:. August 16, 2005 Re: Agenda Item # Comm. Mtg 08/16/2005 Mutual Aid Agreement with the of City of Opa Locka Police Department A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO ENTER INTO A MUTUAL AID AGREEMENT WITH THE CITY OF OPA LOCKA POLICE DEPARTMENT FOR GENERAL AND SPECIFIC LAW ENFORCEMENT DUTIES ON BEHALF OF THE CITY OF SOUTH MIAMI POLICE DEPARTMENT PURSUANT TO SECTION 23.1225 (3), FLORIDA STATUTES; PROVIDING FOR AN EFFECTIVE DATE. BACKGROUND AND ANALYSIS The Florida State Statutes (Chapter 23) authorize the governing body of A municipality to empower the Chief Executive Officer of the municipality to enter into agreements for shared law enforcement services in specific times of need. As a matter of course this agreement should be renewed every five years (recommendation of the Florida Department of Law Enforcement, the agency statutorily charged with the administration of mutual aid within the state). This agreement allows the South Miami Police Department to draw upon the resources of the Opa Locka Police Department in furtherance of our law enforcement mission. This agreement makes provisions for personnel and equipment, and provides for reciprocity between our two cities.. This Mutual Aid Agreement has been reviewed and approved as to form by the City Attorney. RECOMMENDATION Your approval is recommended. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 RESOLUTION NO. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO ENTER INTO A MUTUAL AID AGREEMENT WITH THE CITY OF OPA LOCKA POLICE DEPARTMENT FOR GENERAL AND SPECIFIC LAW ENFORCEMENT DUTIES ON BEHALF OF THE CITY OF SOUTH MIAMI POLICE DEPARTMENT PURSUANT TO SECTION 23.1225(3), FLORIDA- STATUTES; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Chapter 23 Florida Statutes, the Florida Mutual Aid Act, requires the authorization by the governing body of the municipality before a Mutual Aid Agreement may be entered into by the Mayor or Chief Executive Officer of the municipality on behalf of the law enforcement agency; and WHEREAS, there is the existing and continuing possibility of the occurrence of law enforcement problems and other natural and man -made conditions which are or likely to be beyond control of the services, personnel, equipment or facilities of the City of South Miami and /or the aforementioned entity; and WHEREAS, to meet the responsibility of the respective governments to ensure public safety of their citizens by providing adequate levels of police services, preparation must be made to protect the public peace and safety and to preserve the lives and property of the people in the jurisdictions. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. That the City Manager of the City of South Miami is authorized to enter into a Mutual Aid Agreement in a form acceptable to the City Attorney, with the City of Opa Locka Police Department, on behalf of the City of South Miami Police Department pursuant to Section 23.1225 (3), Florida Statues. Section 2. That this resolution be effective immediately after the adoption hereof. PASSED AND ADOPTED this day of , 2005 ATTEST: CITY CLERK READ AND APPROVED AS TO FORM: CITY ATTORNEY APPROVED: COMMISSION VOTE: Mayor Russell Vice Mayor Palmer: Commissioner Wiscombe: Commissioner Birts- Cooper: Commissioner Sherar: MUTUAL AID AGREEMENT Between the City of Opa Locka and the City of South Miami 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 Opa Locka Police Department or the South Miami Police Department; and Whereas, City of Opa Locka and the City of South Miami are so located in relation to each other that it is to the advantage of each to receive and extend mutual aid in the form of law enforcement services and resources to adequately respond to intensive situations, including, but not limited to, natural or manmade disasters or emergencies as defined under 252.34, Florida Statutes; and, Whereas, City of Opa Locka and the City of South Miami have the authority under 23.12, Florida Statutes, et seq., the Florida Mutual Aid Act, to enter into a mutual aid agreement for law enforcement service which provides for rendering of assistance in a law enforcement emergency. NOW, THEREFORE, the Opa Locka Police Department, a Florida municipal corporation, and the South Miami Police Department, and the undersigned representatives, in consideration for mutual promises to render valuable aid in time of necessity, do hereby agree to fully and faithfully abide by and be bound by the following terms and conditions: SECTION I: SHORT TITLE: Mutual Aid Agreement SECTION II: DECSCRIPTION Since this Mutual Aid Agreement provides for the requesting and rendering of assistance for both routine and law enforcement intensive situations, this Mutual Aid Agreement combines the elements of both a voluntary cooperation agreement and a requested operational assistance agreement, as described in Chapter 23 Florida Statutes. SECTION III: NATURE OF THE LAW ENFORCEMENT ASSISTANCE TO BE RENDERED A police officer of City of Opa Locka or the City of South Miami 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 his /her designee; or ■ appropriately dispatched in response to a request for assistance from the other law enforcement agency. In compliance with and under the authority of this Mutual Aid Agreement 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. The following list may be amended or supplemented from time to time as needs dictate by subsequent declarations: 1) Joint multi jurisdictional criminal investigations. 2) Civil disturbances, disobedience, riots, affrays; large protest demonstrations, labor disputes, controversial trials, political conventions, and strikes. 3) Any natural disaster including, but not limited to hurricanes, tornadoes, flooding, or wildfires. 4) Incidents which require rescue operations and traffic and crowd control measures including, but not limited to, evacuations, aircraft disasters, fires, explosions, gas line leaks, radioactive emergencies, train wrecks and derailments, chemical or hazardous waste spills, or electrical power failures. 5) Terrorist activities including, but not limited to, acts of sabotage. 6) Escapes from or disturbances within detention facilities. 7) Hostage and barricaded subject situations, and aircraft piracy. 8) Control, of major crime scenes, area searches, perimeter control, back -ups to emergency and in- progress calls, pursuits and missing person calls. 9) Enemy attack. 10) Transportation of evidence requiring security. 11) Major 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) Joint training in areas of mutual need. And 15) Incidents requiring utilization of specialized units (such as bomb disposal units, K -9 units or special weapons and tactics units). Further, in recognition of the need for cooperation in the patrol of the waterways within the jurisdictional boundaries of each participating agency, the following declarations are agreed upon: 1) That each jurisdiction extends to the other the right to patrol and conduct enforcement activities in their respective waterways. SECTION IV: PROCEDURE FOR REQUESTING AND AUTHORIZING ASSISTANCE In the event that a party to this agreement is in need of assistance as set forth above, an authorized representative of the agency requiring assistance shall notify the agency head or his /her designee from whom such assistance is requested. The agency head 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 agency head 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. The agency head's decision in these matters shall be final. SECTION V: COMMAND AND SUPERVISORY RESPONSIBILITY The personnel and equipment that are assigned by the assisting agency head shall be under the immediate command of a supervising officer designated by the assisting agency head. Such supervising officer shall be under the direct supervision and command of the agency head or his /her designee of the agency requesting assistance. Conflicts: whenever an officer or other employee is rendering assistance pursuant to this agreement, the officer or employee shall abide by and be subject to the rules and regulations, personnel policies, general orders and standard operating procedures of his /her own employing agency. If any such rule, regulation, personnel policy, general order or standard operating procedure is contradicted, contravened or otherwise in conflict with a direct order of a superior officer of the requesting agency, then such rule, regulation, personnel policy, general order or procedure shall control and shall supercede the direct order. 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 agency head or his /her designee of the requesting agency shall be responsible for the documentation of said complaint to ascertain at a minimum: 1) The identity of the complainant. 2) An address where the complaining party can be contacted. 3) The specific allegation. 4) The identity of the accused employee(s) without regard to agency affiliation. If it is determined that the accused is an employee of the assisting agency, the above information, with all pertinent documentation gathered during the receipt and processing of the complaint, shall be forwarded without delay to the agency head or his /her designee of the assisting agency for administrative review. The requesting agency may conduct a review of the complaint to determine if any 3 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 VI: LIABILITY Each party engaging in any mutual cooperation or assistance, pursuant to this agreement, agrees to assume responsibilities for the acts, omissions, or conduct of such party's own employees while engaged in rendering aid pursuant to this Mutual Aid Agreement, subject to the provisions of 768.28, Florida Statutes, where applicable. SECTION VII: POWERS, PRIVILEGES, IMMUNITIES AND COSTS a) All employees, of the Opa Locka Police Department and the South Miami Police Department, including certified law enforcement employees as defined in Chapter 943, Florida Statutes, while actually engaging in mutual cooperation and assistance outside their jurisdictional limits, but inside this state, under the terms of this agreement, shall, pursuant to the provisions of 23.127(1), Florida Statutes, 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) The Opa Locka Police Department and the South Miami Police Department agree to furnish necessary personnel, equipment, resources and facilities and to render services to each other party to the agreement as set forth above; provided, however, that no party shall be required to unreasonably deplete its own personnel, equipment, resources, facilities, and services in furnishing such mutual aid, as determined by the furnishing party. c) As between the parties hereto, the political subdivision that furnishes equipment pursuant to this agreement shall 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) As between the parties hereto, the agency furnishing aid pursuant to this agreement shall compensate its officer(s) / employee(s) 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 personnel injury or death while such employees are engaged in rendering such aid, to the same degree, manner and extent as if the officer(s) /employee(s) were engaged in the performance of duties within their respective jurisdictions. e) The privileges and immunities from liability, exemption from laws, ordinances and rules, and all pension, insurance, relief, disability, 2 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. The provisions of this section shall apply with equal effect to paid, volunteer, 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. g) Nothing in this agreement is intended or is to be construed as any transfer or contracting away of the powers or functions of one party hereto to the other. h) This agreement creates no rights or benefits in favor of any third parties and there are no intended third party beneficiaries with regard to the provisions herein. SECTION IX: FORFEITURE PROVISIONS a) In the event that a participating 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 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 in proportion to the amount of investigation and participation performed by each agency, less the costs associated with the forfeiture action. SECTION X: 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 January 1, 2010. Under no circumstances may this agreement be renewed, amended, or extended except in writing. 5 SECTION XI: CANCELLATION Any party may cancel its participation in this agreement upon thirty (30) days written notice to the other party or parties. Cancellations will be at the "discretion of any subscribing party. IN WITNESS WHEREOF, the parties hereto cause these presents to be signed on the date specified. Jannie Beverly City Manager City of Opa Locka, FL Date: Attest: Debra Irby City Clerk City of Opa Locka, FL Approved as to form and legal sufficiency: A. Quinn Jones City Attorney City of Opa Locka, FL Maria V. Davis City Manager City of South Miami, FL Date: Attest: Maria M. Menendez City Clerk City of South Miami, FL Approved as to form and legal sufficiency: Nagin,Gallop /Figuerdo City Attorney City of South Miami, FL Filing the mutual aid agreement, section 23.1225(4), Florida statutes, requires the filing copy of the signed mutual aid agreement with FDLE within 14 days after signature. Filing may e accomplished by either mailing to FDLE, P.O.Box 1489, Tallahassee, Fl 32302, attention: mutual aid, or fax to 904 - 488 -1760 6