2010-49RESOLUTION NO. 2010-49
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 CORAL GABLES 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 Coral Gables 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
and shall serve to ratify and confirm the earlier letter of extension.
The foregoing Resolution was offered by Commissioner Joel, who moved its
adoption. The motion was seconded by Commissioner Holzberg, 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-:1:...9
Page 2
PASSED AND ADOPTED this ih day of September, 2010.
ATTEST:
APPROVED AS TO LEGAL SUFFIC~CY:
~~
CITY ATTORNEY
COMBINED VOLUNTARY COOPERATION AND
OPERATIONAL ASSISTANCE
MUTUAL AID AGREEMENT
BETWEEN
CITY OF AVENTURA, FLORIDA AND
THE CITY OF CORAL GABLES, FLORIDA
WHEREAS, it is the responsibility of the governments of the City of Aventura,
and the City of Coral Gables, 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 Aventura Police Department or the City of Coral Gables Police Department;
and
WHEREAS, it is in the best interest and advantage of the City of Aventura and
the City of Coral Gables to receive and extend mutual aid to each other in the form of
law enforcement services and resources to adequately respond to:
a. 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
b. Intensive situations including, but not limited to, emergencies as defined
under Section 252.34, Florida Statutes; and
c. Joint provision of certain law enforcement services specified herein and
allowed pursuant to Florida Statute 166.0495; and
WHEREAS, the City of Aventura and the City of Coral Gables have the authority
under Section 23.12, Florida Statutes, et seq., the Florida Mutual Aid Act, to enter into a
combined mutual aid agreement for law enforcement services, which:
a. Permits voluntary cooperation and assistance of a routine law
enforcement nature across jurisdictional lines; and
b. Permits the provision of operational assistance to meet a request for
assistance due to a civil disturbance or other emergency as defined in
Section 252.34, Florida Statutes; and
NOW, THEREFORE, BE IT KNOWN, that the City of Aventura, a political
Subdivision of the State of Florida, and the City of Coral Gables, 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 cooperation 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 Aventura and the City of Coral Gables 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 their
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 Aventura and the City of Coral Gables for arrests made
pursuant to the laws of arrest, of persons identified as a result of
investigations of any offense constituting a felony, or any act of Domestic
Violence as defined in Section 741.28, Florida Statutes, when such
offense occurred in the municipality employing the arresting officer.
2
c. Concurrent law enforcement jurisdiction in and upon the jurisdictional
waters of the City of Aventura and the City of Coral Gables for arrests,
made pursuant to he law 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 he territorial
limits of the City of Aventura and the City of Coral Gables 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.
f. Joint enforcement of all state laws and county ordinances and exercise of
arrest powers when a crime of violence or felony of any nature occurs in
the presence of any sworn law enforcement officer.
Prior to any officer taking enforcement action pursuant to paragraphs (a) through
(f) 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
3
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 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:
a. Joint multi-jurisdictional criminal investigations.
b. Civil affray or disobedience, disturbances, riots, large protest
demonstrations and assemblies, controversial trials, political conventions,
labor disputes, and strikes.
c. Any natural, technological or manmade disaster.
d. 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.
e. Terrorist activities including, but not limited to, acts of sabotage.
f. Escapes from, or disturbances within, prisoner processing facilities.
g. Hostage and barricaded subject situations, and aircraft piracy.
h. Control of major crime scenes, area searches, perimeter control, back-ups
to emergency and in-progress calls, pursuits, and missing person calls.
I. Enemy attack.
J. Transportation of evidence requiring security.
k. Major events, e.g., sporting events, concerts, parades, fairs, festivals, and
conventions.
I. Security and escort duties for dignitaries.
4
m. Incidents reqUiring utilization of specialized units; e.g., underwater
recovery, marine patrol, aircraft, canine, motorcycle, bicycle, mounted,
SWAT, bomb, crime scene and police information.
n. Emergency situations in which one agency cannot perform its functional
objective.
o. Joint training in areas of mutual need.
p. Joint multi-jurisdictional marine interdiction operations.
q. Off-duty special events.
SECTION III: PROCEDURE FOR REQUESTING OPERATIONAL ASSISTANCE
a. 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.
b. 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.
c. 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.
d. 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.
e. 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.
5
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.
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
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.
6
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
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 VI: POWERS, PRIVILEGES, IMMUNITIES AND COSTS
a. Employees of the City of Aventura and the City of Coral Gables, 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
7
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, 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 provision 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.
SECTION VII:
FORFEITURES
It is recognized that during the course of the operation of this agreement,
property subject to forfeiture under Sections 932.701-932.707, Florida Statutes, known
as the "Florida Contraband Forfeiture Act," 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
pursuant of the provisions of the "Florida Contraband Forfeiture Act."
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.
8
SECTION IX:
EFFECTIVE DATE
This agreement shall take effect upon full execution and approval by the
hereinafter named officials and shall continue in full force and effect for a term not to
exceed five years from the date of full execution by the hereinafter named officials.
Under no circumstances may this agreement be renewed, amended or extended except
in writing.
SECTION X:
CANCELLA TION
Either party may cancel its participation in this Agreement upon sixty (60) days
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
day of
PATRICK G. SALERNO
City Manager
City of Coral Gables
Date:
ERIC M. SOROKA
City Manager
City of Aventura
Date:
ATTEST:
ATTEST:
WALTER FOEMAN
City Clerk
City of Coral Gables
TERESA M. SOROKA
City Clerk
City of Aventura
9
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY:
ELIZABETH M. HERNANDEZ
City Attorney
APPROVED AS TO INSURANCE
REQUIREMENTS:
~
MICHAEL SPARBER
Risk Management Administrator
City of Coral Gables
10
~
~~-
---S EVEN STEINBERG
Chief of Police
City of Aventura
APPROVED AS TO INSURANCE
REQUIREMENTS:
BRIAN RADUCCI
Risk Management Director
City of Aventura