2011-26RESOLUTION NO. 2011 -26
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 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 North 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 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
absent
Vice Mayor Bob Diamond
yes
Mayor Susan Gottlieb
yes
Resolution No. 2011 -26
Page 2
PASSED AND ADOPTED this 1 day of March, 2011.
— 24 " 7, ZL�
san Gottlieb, M04or
Attest:
G.
T esa M. S o a, MC
Clerk
Approved as to Form and Legal Sufficiency:
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City Att rney
/tms
MUTUAL AID AGREEMENT
Between the City of North Miami Beach
and the City of Aventura
WHEREAS, it is the responsibility of the governments of the City of North Miami Beach,
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 man -made conditions which are, or are likely to
be, beyond the control of the services, personnel, equipment of facilities of the participating
municipal police departments; 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 participating Miami -Dade County
municipalities; and
WHEREAS, the participating Miami -Dade County municipalities 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 Beach, subdivision of
the State of Florida, and the 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: 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.
3. 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 thereafter become part of this
Agreement.
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Said 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.
b) Agency or participating law enforcement agency: Either the City of North
Miami Beach Police Department or the City of Aventura Police Department.
C) Agency head: Either the Chief of the City of North Miami Beach Police
Department, or the Chief's designees; and the Chief of Police of the City of
Aventura Police Department, or the Chief's designees.
d) Participating municipal police department: The police department of any
municipality in Miami -Dade County, Florida, that has approved and executed this
Agreement upon the approval of the governing body of the 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 available resources, and
will respond in a manner deemed appropriate.
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.
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5. Powers, Privileges, Immunities, and Costs:
a) All employees of the participating municipal police department, including
certified law enforcement employees as defined in Chapter 943, Florida Statutes,
during such time that said 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 subdivision
in which they are normally employed.
b) The political subdivision having financial responsibility for the law
enforcement agency providing services, personnel, equipment, or facilities
pursuant to the 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.
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
the rendering of such aid, and shall defray the 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. Such compensation shall also include all benefits normally due such
employees.
d) All exemption from ordinance 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 extraterritorially under
the provisions of the Mutual Aid Agreement. The provisions of this Agreement
shall apply with equal effect to paid and auxiliary employees.
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6. Indemnification:
The City of Aventura shall hold harmless, defend and indemnify North Miami
Beach in any suit, action or claim for damages resulting from any and all the acts
or conduct of The City of Aventura employees, representatives, or agents
performing under the terms of this Agreement. North Miami Beach shall hold
harmless, defend and indemnify The City of Aventura in any suit, action or claim
for damages resulting from any and all acts or conduct of North Miami Beach's
employees, representatives, or agents performing under the terms of this
Agreement, subject to Chapter 768, Florida State Statutes.
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 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 stated in Chapter 23 Florida Statutes.
9. Effective Date and Duration:
This Agreement shall be in effect from date of signing, through and including
March 30, 2014. 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) day's written
notice to the other party. Cancellation will be at the discretion of the chief
executive officers of the parties hereto.
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AGREEDED TO AND ACKNOWLEDGED this day of
City Manager,
City of North Miami Beach, Florida
ATTEST:
City Clerk,
City of North Miami Beach, Florida
APPROVED AS TO FORM AND
LEGAL SUFFICENCY:
City Attorney,
City of North Miami Beach, Florida
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Mayor,
City of Aventura, Florida
ATTEST:
Clerk, /
of Aventu lorida
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY:
City Attorney,
City of Aventura, Florida
JOINT DECLARATION OF THE CHIEF OF THE
CITY OF NORTH MIAMI BEACH POLICE DEPARTMENT
AND THE CHIEF OF THE CITY OF AVENTURAPOLICE 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.
• spontaneous response where assistance or aid is apparent (see #9 below)
In compliance with, and under the authority of, the Mutual Aid Agreement, heretofore
entered into by the City of North Miami Beach and the City of Aventura, 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.
Said list may be amended or supplemented from time to time, as needs dictate by subsequent
declarations.
1. 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, 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.
8. Control of major crime scenes, area searches, perimeter control, back -ups to emergency
and in- progress calls, pursuits, and missing persons calls.
9. 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 back -up 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.
10. Enemy attack.
11. Transportation of evidence requiring security.
12. Major events; e.g., sporting events, concerts, parades, fairs, festivals, and conventions.
13. Security and escort duties for dignitaries.
14. Emergency situations in which one agency cannot perform its functional objective.
15. Incidents requiring utilization of specialized units; e.g., underwater recovery, aircraft, canine,
motorcycle, bomb, crime scene, marine patrol, and police information.
16. Joint training in areas of mutual need.
DATE:
DATE:
�{ It
Steve Steinberg, Chief
Aventura Police Department
Rafael Hernandez, Chief
North Miami Beach Police Department
ATTEST:
City Clerk
A TTC C'T.
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