2011-12RESOLUTION NO. 2011-12
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 NORTH MIAMI 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 North Miami 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.
The foregoing resolution was offered by Commissioner Joel, who moved its
adoption. The motion was seconded by Commissioner Auerbach, and upon being put
to a vote, the vote was as follows:
Commissioner Zev Auerbach yes
Commissioner Teri Holzberg absent
Commissioner Billy Joel yes
Commissioner Michael Stern yes
Commissioner Luz Urbaez Weinberg yes
Vice Mayor Bob Diamond yes
Mayor Susan Gottlieb yes
Resolution No. 2011-12
Page 2
PASSED AND ADOPTED this 1 Sc day of February, 2011.
SAN GOTTLI B, MAYOR
AT EST: 1
RESA M. S , MMC
CLERK
APPROVED AS ~O'LEGAL SUF,~ICIENCY:
CITY ATTORN
MUTUAL AID AGREEMENT
BETWEEN THE CITY OF NORTH MIAMI POLICE DEPARTMENT
AND THE CITY OF AVENTURA POLICE DEPARTMENT
WHEREAS, it is the responsibility of the governments of the City of North Miami,
Florida, and the City of Aventura, Florida, to ensure the public safety of their citizens by
providing adequate levels of police services to address any foreseeable routine or emergency
situation; and
WHEREAS, because of the existing and continuing possibility of the occurrence of law
enforcement problems and other natural and manmade conditions which are, or are likely to be,
beyond the control of the services, personnel, equipment or facilities of the participating municipal
police departments; and
WHEREAS, in order to ensure that the preparation of these law enforcement agencies will
be adequate to address any and all of these conditions, to protect the public peace and safety, and to
preserve the lives and property of the people of the participating Miami-Dade County
municipalities; and
WHEREAS, the participating municipalities, the City of North Miami and the City of
Aventura, have the authority under Chapter 23, Florida Statutes, Florida Mutual Aid Act, to enter
into a Mutual Aid Agreement.
NOW THEREFORE, BE IT KNOWN, that the City of North Miami and the City of
Aventura, subdivisions of the State of Florida, and the undersigned representatives, in
consideration of mutual promises to render valuable aid in times of necessity, agree to fully and
faithfully abide by and be bound by the following terms and conditions:
Short title: Mutual Aid Agreement
2. Description: Since the Mutual Aid Agreement ("Agreement") provides for the
requesting and rendering of assistance for both routine and intensive law enforcement
situations, this Mutual Aid Agreement combines the elements of both a voluntary
cooperation agreement and a requested operational assistance agreement as described
in Chapter 23, Florida Statutes.
Definitions:
A. Joint Declaration: A document which enumerates the various conditions or
situations where aid may be requested or rendered pursuant to this Agreement,
as determined by concerned agency heads. Subsequent to execution by the
concerned agency heads, the Joint Declaration shall be filed with the clerks of
the respective political subdivisions and shall become part of this Agreement.
The declaration may be amended or supplemented at any time by the agency
heads by filing subsequent declarations with the clerks of the respective political
subdivisions.
IWO I0-692 (JLW} -Page 1 of 4 - Exhibit 1
B. Agency or participating law enforcement agency: The City of North Miami
Police Department and the City of Aventura Police Department.
C. Department Head: The Chief of the City of North Miami Police Department,
or the Chiefs designees, and the Chief of the City of Aventura Police
Department, or the Chief s designees.
D. Participating municipal police department: The police department of any
municipality in Dade County, Florida, that has approved and executed this
Agreement upon the approval of the governing body of the municipality.
E. Certified law enforcement employees: Any law enforcement employee
certified as provided in Chapter 943, Florida Statutes.
4. Operations:
A. In the event that a party to this Agreement is in need of .assistance, as specified in
the applicable Joint Declaration which shall become part of this Agreement, an
authorized representative of the police department requiring assistance shall
notify the agency from which such assistance is requested. The authorized
agency representative whose assistance is sought shall evaluate the situation and
available resources, and will respond in a manner deemed appropriate.
B. Each party to this Agreement agrees to furnish necessary personnel, 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 personnel, 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.
Powers, Privileges, Immunities, and Costs:
A. All employees of the participating municipal police department and all certified
law enforcement employees as defined in Chapter 943, Florida Statutes, during
such time that the employees are actually providing aid outside of the
jurisdictional limits of the employing municipality pursuant to a request for aid
made in accordance with this Agreement, shall pursuant to the provisions of
Chapter 23, Florida Statutes, have the same powers, duties, rights, privileges,
and immunities as if they were performing their duties in the political
IWO 10-692 (JLW) -Page 2 of 4 - Exhibit 1
subdivision in which they are regularly employed.
B. The political subdivision having financial responsibility for the law enforcement
agency providing the services, personnel, equipment, or facilities pursuant to the
provisions of this Agreement shall bear any loss or damage and shall pay any
and all expenses incurred in the maintenance and operation of these resources.
C. The political subdivision having financial responsibility for the law enforcement
agency providing aid pursuant to this Agreement shall compensate all of its
employees rendering aid pursuant to this Agreement, during the time of
rendering of such aid, and shall defray the actual travel and maintenance
expenses of the employees while they are rendering aid. Compensation shall
include any amounts for compensation due to personal injury or death while
such employees are engaged. in rendering aid. Compensation shall also include
all benefits normally due the employees. ;
D. All exemptions from ordinances and rules, and all pension, insurance, relief,
disability, workers compensation, salary, death, and other benefits which apply
to the activity of such officers, agents, or employees of any such agency, when
performing their respective functions within the territorial limits of their
respective agencies, shall apply to them to the same degree, manner, and extent
while engaged in the performance of their functions and duties extraterritorial
under the provisions of this Agreement. The provisions of this Agreement shall
apply with equal effect to paid and auxiliary employees.
6. Indemnification: The political subdivision having financial responsibility for the
law enforcement agency providing aid pursuant to this Agreement agrees to hold
harmless, defend, and indemnify the requesting law enforcement agency and its
political subdivision in any suit, action, or claim for damages resulting from any and
all acts or conduct of employees of the providing agency while providing aid pursuant
to this Agreement, subject to Chapter 768, Florida Statutes, where applicable.
7. Forfeitures: It is recognized that during the course of the operation of this
Agreement, property subject to forfeiture under the Florida Contraband Forfeiture
Act, Florida Statutes, may be seized. The property shall be seized, forfeited, and
equitably distributed among the participating agencies in proportion to the amount of
investigation and participation performed by each agency. This shall occur pursuant
to the provisions of the Florida Contraband Forfeiture Act.
8. Conflicts: Any conflict between this Agreement and the Florida Mutual Aid Act will
be controlled by the provisions of the latter, whenever conditions exist that are within
the definitions stated in Chapter 23, Florida Statutes.
9. Effective Date and Duration: This Agreement shall be in effect from date of
signing, through and including December 31, 2016 and under no circumstances may
this Agreement be renewed, amended or extended except in writing.
IWO 10-692 (JLW) -Page 3 of 4 - Exhibit 1
10. Cancellation: This Agreement may be cancelled by either party upon sixty (60) days
written notice to the other party. Cancellation will be at the discretion of the chief
executive officers of the parties.
AGREED AND ACKNOWLEDGED this ~ a day of IC~(~/-~~GC... , 20 ~~
City Manager
City of North Miami, Florida
ATTEST:
- /~-~'~
~~; City Ck'e k
City o orth Miami, Florida
APPROVED AS TO FORM &
LEGAL SUFFICIENCY:
i y ttorney
of North Miami, Florida
City Manager
City of Aventura, Florida
ATTEST:
City Clerk
City of Aventura, Florida
APPROVED AS TO FORM &
LEGAL SUFFICIENCY:
City Attorney
City of Aventura, Florida
IWO 10-692 (JLW) -Page 4 of 4 - Exhibit 1
JOINT DECLARATION
OF THE CHIEF OF THE CITY OF NORTH MIAMI POLICE DEPARTMENT AND
THE CHIEF OF THE CITY OF AVENTURA POLICE DEPARTMENT
PURSUANT TO MUTUAL AID AGREEMENT
A deputy sheriff or police officer of either of the participating law enforcement agencies shall be
considered to be operating under the provisions of the Mutual Aid Agreement ("Agreement")
when:
^ participating in law enforcement activities that are preplanned and
approved by each respective agency head, or
appropriately dispatched in response to a request for
assistance from the other law enforcement agency, or
spontaneous response where assistance or aid is apparent
(see #9 below).
In compliance with, and under the authority of, the Mutual Aid Agreement, entered into by the
City of Aventura, Florida, and the City of North Miami, Florida, 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. This list maybe
amended or supplemented from time to time, as needs dictate by subsequent declarations.
Joint multi jurisdictional criminal investigations;
2. Civil affray or disobedience, disturbances, riots, large protest demonstrations,
controversial trials, political conventions, labor disputes, and strikes;
3. Any natural disaster;
4. Incidents which require rescue operations and crowd and traffic control measures,
including, but not limited to, large-scale evacuations, aircraft and shipping disasters, fires,
explosions, gas line leaks, radiological incidents, train wrecks and derailments, chemical or
hazardous waste spills, and electrical power failures;
5. Terrorist activities including, but not limited to, acts of sabotage;
6. Escapes from or disturbances within detention facilities;
7. Hostage and barricaded subject situations, and aircraft piracy;
Control of major crime scenes, area searches, perimeter control, backups to emergency and
in-progress calls, pursuits, and missing persons calls;
9. Enemy attack;
IWO 10-692 (JLW) Page 1 of 3 Exhibit 1
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. Emergency situations in which one agency cannot perform its functional objective;
14. Incidents requiring utilization of specialized units; e.g., underwater recovery, canine,
motorcycle, crime scene, marine patrol enforcement or investigation, and police
information;
15. Joint training in areas of mutual need;
16. Participating in exigent situations without a formal request which are spontaneous
occurrences such as area searches for wanted subjects, perimeters, crimes in progress,
escaped prisoners; traffic stops near municipal boundaries, request for assistance and no
local unit is available or 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 jurisdictional waters within the respective municipal
boundaries;
18. The agencies will be permitted to patrol jurisdictional waters of either jurisdiction, and to
take enforcement actions as deemed appropriate under city, state, and federal laws, rules
and regulations, and to write boating law violation citations, make arrests, and to attend
court on behalf of the other agency;
19. The agencies agree that any and all incidents, which require an initial (preliminary) police
offense incident report (OIR), will be completed by the agency making the initial contact.
Any follow-up investigations that are required are to be completed by the jurisdiction in
which the incident occurred regardless of which agency completed the original offense
incident report;
20. If an arrest is made by one agency that is operating in the jurisdictional waters of the other
agency, and that arrest results in asset forfeiture proceedings, the property shall be seized,
forfeited, and equitably distributed among the participating agencies in proportion to the
amount of investigation and participation performed by each agency. The jurisdiction of
civil forfeiture action shall be filed by the seizing agency;
21. Both agencies have the right to set their own days and hours for marine patrol and agree to
provide assistance and aid to the other agency under the spirit of this Mutual Aid
Agreement.
IWO 10-692 (JLW) Page 2 of 3 Exhibit 1
This Addendum shall become effective upon the signing of both Cities and shall remain in effect
until either the current Mutual Aid Agreement and Joint Declaration expires or either agency gives
written notice to the other agency to rescind this Addendum.
I accept the terms and conditions of the aforementioned Addendum to the current Mutual Aid
Agreement and Joint Declaration between the City of Aventura Police Department and the City of
North Miami Police Department.
Date
Date
City Manager
City of Aventura, Florida
!l
Chief of Police
City of Aventura Police Department
IWO 10-692 (JLW) Page 3 of 3 Exhibit 1