2010-38RESOLUTION N0.2010-38
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF AVENTURA, FLORIDA, AUTHORIZING THE CITY
MANAGER ON BEHALF OF THE CITY TO EXECUTE AND
OTHERWISE ENTER INTO THE ATTACHED MUTUAL AID
AGREEMENT BETWEEN THE CITY OF AVENTURA AND
THE CITY OF MIAMI BEACH FOR LAW ENFORCEMENT
ACTIVITIES; AUTHORIZING THE CITY MANAGER TO DO
ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF
THIS RESOLUTION; AND PROVIDING FOR AN EFFECTIVE
DATE.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, THAT:
Section 1. The City Manager is hereby authorized on behalf of the City of
Aventura to execute and otherwise enter into that certain Mutual Aid Agreement between
the City of Aventura and the City of Miami Beach for law enforcement activities in
substantially the form as attached hereto.
Section 2. The City Manager is hereby authorized to do all things necessary and
expedient in order to effectuate the execution of the attached Agreement described in
Section 1 above, and to carry out the aims of this Resolution.
Section 3. This Resolution shall become effective immediately upon its adoption.
The foregoing resolution was offered by Commissioner Diamond, who moved its
adoption. The motion was seconded by Commissioner Joel, and upon being put to a
vote, the vote was as follows:
Commissioner Zev Auerbach yes
Commissioner Bob Diamond yes
Commissioner Teri Holzberg yes
Commissioner Billy Joel yes
Commissioner Luz Urbaez-Weinberg yes
Vice Mayor Michael Stern yes
Mayor Susan Gottlieb yes
Resolution No. 2010-,~a
Page 2
PASSED AND ADOPTED this 6th day of July, 2010.
usan Gottli ,Mayor
Tere~a M.
City Jerk
Approved as to dorm and Legal Sufficiency:
~'
City Attorney
VOLUNTARY COOPERATION AND OPERATIONAL ASSISTANCE
MUTUAL AID AGREEMENT
BETWEEN THE CITY OF AVENTURA AND
THE CITY OF MIAMI BEACH, FLORIDA
WHEREAS, it is the responsibility of the governments of the City of Aventura, Florida,
and the City of 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 Aventura
Police Department or the City of 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 Aventura and the City of
Miami Beach; 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
§252.34, Florida Statutes, or requests for certain law enforcement services specified
herein and as defined under §23.1225, Fla. Stat.; and
WHEREAS, the Cify of Aventura and the City of Miami Beach have the voluntary
cooperation and assistance authority under the Florida Mutual Aid Act, §23.12-23.127, Fla.
Stat., to enter into this voluntary cooperation and assistance Mutual Aid 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 §23.1225, Fla. Stat.;
and
(2) Provides for rendering of assistance in a law enforcement emergency as defined in
§252.34, Fla. Stat.
NOW THEREFORE, BE IT KNOWN that the City of Aventura, Florida and the City of
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:
-,~ F .
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 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, F.S., routine traffic
offenses, backup services during patrol activities, and interagency task forces and/or joint
investigation.
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 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:
Mutual aid requested or rendered will be approved by the Chief of Police, or
designee.
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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
In the event that a party to this Agreement is in need of assistance as set forth above,
the Chief of Police or his/her designee, shall notify the agency director or his/her designee from
whom such assistance is requested. The director 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 director 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 be empowered to render
enforcement assistance and act in accordance with law. Should enforcement action be taken,
said party shall notify the agency having normal jurisdiction and upon the tatter'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 is 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 citizens, or secure apprehension of criminals whom the
law enforcement officer may encounter.
SECTION IV: COMMAND AND SUPERVISORY RESPONSIB{CITY
The personnel and equipment that are assigned by the assisting director shall be under
the immediate command of a supervising officer designated by the assisting director. Such
supervising officer shall be under the direct supervision and command of the director or his/her
designee of the agency requesting assistance.
SECTION V: 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
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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 Agreement, the director 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
Agreement, agrees to assume responsibility for the acts, omissions or conduct of such party's
own employees while engaged in rendering such aid pursuant to this Agreement, subject to the
provisions of Section 768.28, Florida Statutes, where applicable.
SECTION VIII: POWERS, PRIVILEGES, IMMUNITIES AND EXPENDITURES
(a) Employees of the City of Aventura and the City of 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}, 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 the 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 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.
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(d) The agency furnishing aid pursuant to this 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 Mutual Aid 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 Aventura receive reimbursement for expenditures from a third
party for a mutual aid event covered by this Agreement, the City of Miami Beach 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.
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), Florida Statutes (2004), 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 December 31, 2015. 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.
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In witness whereof, the parties hereto cause to these presents to be signed on the date
specified.
AGREED TO AND ACKNOWLEDGED this day of , 2010.
CITY OF MIAMI BEACH, FLORIDA CITY OF AVENTURA, FLORIDA
CARLOS E. NO IEG~'
POLICE CHIEF
Date:
JO E GO ZALEZ
Y NAGER `"~
STEVEN STEINBERG
POLICE CHIEF
Date:
ERIC SOROKA
CITY MANAGER
Date: ~~ ~ 7 ~f~ Date:
TI HERRE BOWER SUSAN GOTTLIEB
MAYOR MAYOR
Date: S ~ 7 ~ ~
Date:
ATTEST:
ATTEST:
ROBERT PARCHER TERESA SOROKA
CITY CLERK CITY CLERK ~~,~'~~~~ 1'~,~r'~ ~a
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