2004-017
RESOLUTION NO. 2004-17
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.
Section 3.
This Resolution shall become effective immediately upon its adoption.
The foregoing Resolution was offered by Commissioner Cohen, who moved its
adoption. The motion was seconded by Commissioner Diamond, and upon being put to a
vote, the vote was as follows:
Commissioner lev Auerbach
Commissioner Ken Cohen
Commissioner Bob Diamond
Commissioner Manny Grossman
Commissioner Harry Holzberg
Vice Mayor Jay R. Beskin
Mayor Jeffrey M. Perlow
yes
yes
yes
yes
absent
yes
yes
Resolution No. 2004- 17
Page 2 -
PASSED AND ADOPTED this 2nd day of March, 2004.
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." J FFREY M. PERLOW, MAYOR
APPROVED AS TO LEGAL SUFFICIENCY:
CITY At;:;; lrb
/tms
MUTUAL AID AGREEMENT
BETWEEN THE NORTH MIAMI POLICE DEPARTMENT
AND THE CITY OF A VENTURA 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 andmanmade 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 the preparation of these law enforcement agencies will be
adequate to address any and all of these conditions, toprotectthepublicpeaceandsafety, and to preserve
the lives and property of the people of the participating Miami-Dade County municipalities; and
WHEREAS, the participating municipalities have theauthOI;ty under Chapter 23, Florida Statutes,
Florida Mutual Aid Act, to enter into a Mutual Aid Agreement.
NOW, THEREFORE, 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:
I
Short title:Mutual Aid Agreement
2.
Description: This Mutual Aid Agreement provides for the requesting and rendering of
assistance for both routine and intensive law enforcement situations, and combines the
elements ofboth a voluntary cooperation agreement and a requested operational assistance
agreement as described in Chapter 23, Florida Statutes.
3.
Definitions:
A.
lointdec1aration: A document which enumerates the vaJ;ous conditions orsituations
where aid may be requestedorrendered pursuant to this Agreement, as detelmmed by
concemedagency heads. Subsequent to execution by the concemed agency heads. the
loint Dec1aration shall be filed with the clerks of the respectivepoiJtical subdivisions and
shan become paJ1 of this Agreement. The declaration may be amended or
4.
5.
supplemented at any time by the City Managers ofthe respective cities filing subsequent
declarations with the clerks of the respective political subdivisions.
B
Agency or participating law enforcement agency: The City ofNorth Miami Police
Department and the City of A ventura Police Department.
c.
Department Head: The Chief of the City ofNorth Miami Police Department, or the
Chief s designees, and the Chief of Police of the City of A ventura Police Department,
or the Chiefs designees.
D
Certified law enforcement employees: Any Jaw enforcement employee ceI1ified as
provided in Chapter 943, Florida Statutes.
Operations:
A.
In the event that a party to this Agreement is in need of assistance, as specified in the
applicable lointDeclaration, 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 otherresources 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 otherresources and services in rendering such
assistance.
c.
The agency heads oftheparticipating law enforcement agencies, ortheir designees,
shall establish procedw'es for giving control of the mission definition to the requesting
agency, and forgiving tactical control over accomplishing any assigned mission and
supervisot'y control over an personnel or equipment provided pursuant to this
Agreement to the providing agency.
Powers, Privileges, Immunities, and Costs
A
An employees of the participating municipal police department and all certified law
enforcement employees as defined in Chapter 943, FloridaStatutes, dwing such time
that the employees are actually providing aid outside of the jwisdictionallimits of the
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employing municipality pursuant to a request for aid made in accordance with this
Agreement, shall pursuant to the provisions of Chapter 23, FIOlida Statutes, have the
samepoweI'S,duties, lights, plivileges, and immunities as if they were pelfolming their
duties in the political subdivision in which they are regularly employed
B
Thepolitical subdivision having financial responsibility for the law enforcement agency
providing the services, personnel, equipment, or facilities PU1'SuanttO the provisions of
this Agreement shall bear' any loss or damage and shall pay any and all expenses
incuITed 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 rendeIing
aid pursuant to this Agreement, dwing the time of rendering of such aid, and shall defray
the actual travel and maintenance expenses ofthe employees while they arerendeIing
aid. Compensation shall include any amounts for compensation due to peI'Sonal injury
or death while such employees are engaged in rendering aid. Compensation shall also
include all benefits normally due the employees.
D
All exemptions fi-omordinances andrules, and all pension, insurance, relief, disability,
workel'S compensation, salary, death, and other benefits which apply to the activity of
such officers, agents, or employees of any such agency, when perfolming their
respective functions within thetenitoliallimits oftheirrespective agencies, shall apply
to them to the same degree, manner, and extent while engaged in the perfOlmance of
their functions and duties extrateITitOlial under the provisions of this Mutual Aid
Agreement. The provision 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 holdharmIess, defend,
and indeInnifY the requesting law enforcement agency and it political subdivision in any suit,
action orc1aim for damages resulting from any and all acts or conduct of employees of the
agency while providing aid pursuant to this Agreement, subject to Chapter 768, Florida
Statutes, where applicable.
7.
Forfeitures: !tis recognized that during the course of the operation of the Agreement,
propeIty subj ect to forfeiture under the Florida Contraband Forfeiture Act, Florida Statutes,
may be seized. The property shall be seized, forfeited, and equitably distiibuted 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 FIOlida Contraband
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Forfeiture Act.
8.
Conflicts: Any conflict between this Agreement and the Florida Mutual Aid Actwi11 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 1 anuary 1,2006 and underno circumstances may this Agreement be
renewed, amended or extended except in writing.
10. Cancellation: This Agreernentmay be canceled by either party upon sixty (60) days written
notice to the otherparty. Cancellation will be at the discretion of the chief executive officers
of the par1ies.
AGREED AND ACKNOWLEDGED this 1fuJ.... day of 01~
,202..£.
ATTEST:
ATTEST:
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Depu ity rk, City of North Miami, FL
lACQIE VIEIRA
APPROVED AS TO FORM:
APPROVED AS TO FORM
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City Attorney, Ci\Ý, of North Miami, FL
H~Lvf<
City Attorney, City of Aventura, Florida
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JOINT DECLARATION
OF THE CIllEF OF THE CITY OF A VENTURA POLICE DEPARTMENT
AND THE CHIEF OF THE CITY OF NORTH MIAMI 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 when:
par1icipating in law enforcement activities thatar'e preplanned and approved by
each respective agency head, or
appropriately dispatched in response to a request for <1Ssistance ffom the
other law enforcement agency.
In compliance with, and under the authority of, the Mutual Aid Agreement, entered into by the City of
A ventura, Florida, and the City of North Miami, Florida, it is declared that the following list comprises
the circumstances and conditions under which mutual aid may be requested and rendered regarding police
operations pursuantto the Agreement. This list may be amended or supplemented from time to time, as
needs dictate by subsequent declarations.
\.
loint 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 n'affic 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.
TelTorist activities including, but not limited to, acts of sabotage;
6.
Escapes from or disturbances within detention facilities;
7.
Hostage and balTicaded subject situations, and aircraft piracy;
8.
Control of major crime scenes, ar'easearches, perimeter control, backups to emergency and in-
progress caBs, pursuits, and missing persons caBs;
9
10.
11.
12.
13.
14.
15.
16.
17.
18.
19.
20.
Enemy attack;
Transportation of evidence requiring security;
Major events; e.g., sporting events, concerts, parades, fairs, festivals, and conventions;
Secunty and escort duties for dignitaries;
Emergency situations in which one agency cannot perform its functional objective;
Incidents requiring utilization of specialized units; e.g., underwater recovery, canine, motorcycle,
crime scene, marine patrol enforcement or investigation, and police information;
loint training in areas of mutual need;
Participating in exigent situations without a formal request which are spontaneous occurrences such
as area searches for wanted subjects, perimeters, crimes in progress, escaped plisoncrs; traffic
stops near' municipal boundaries, request for assistance and no local unit is available orneaJ1JY, calls
or transmissions indicating an officer is injured, calls indicating a clime or incident has occuJTed in
which a citizen may likely be injured and the assisting municipality is closeno the aJ'eathan the
officer receiving the can;
Mutual enforcement of all existing applicable laws and ordinances and exercise of arTcst powers
within the ar'ea comprising the jurisdictional waters within the respective municipal boundaries;
The agencies win be permitted topatroljurisdictional waters of eitherjurisdiction, 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
ofthe other agency;
The agencies agree that any and all incidents, which require an initial (preliminary) police offense
incident report (OIR), will be completely 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;
If an arTestis made by one agency that is operating in thejUlisdictional waters of the other agency,
and that arTest results in assetfOlfeitureproceedings, both agencies agree to a50-S0share of the
final asset distribution following the payment of all expenses relating to the prosecution of the ci vi]
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case. The jurisdiction of civil forfeiture action shall be filed by the seizing agency;
21.
Both agencies have therightto 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.
This Amendmentshall become effective upon the signing ofboth Cities and shall remain in effect until either
the current Mutual Aid Agreement andlointDeclaration expires or either agency gives written notice to
the other agency to rescind this Amendment.
I accepttheteIms and conditions of the aforementioned Amendment to the current Mutual Aid Agreement
andlointDec1aration between the City of AventuraPolice DepaJimentand the City ofNol1h Miami Police
Depal1ment
fPjoti
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~i~ ~~a : Mi i, Florida
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City ofN011h Miami Police Department
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Eric M. Soroka, City
City of Aventura, Florid
ThO~f of Police
City of A ventura Police Department
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