2013-07 RESOLUTION NO. 2013-07
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 HALLANDALE 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 Hallandale 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.
The foregoing Resolution was offered by Commissioner Joel, who moved its adoption.
The motion was seconded by Commissioner Stern, and upon being put to a vote, the vote was
as follows:
Commissioner Enbar Cohen yes
Commissioner Teri Holzberg yes
Commissioner Billy Joel yes
Commissioner Michael Stern yes
Commissioner Howard Weinberg yes
Vice Mayor Luz Urbaez Weinberg yes
Mayor Susan Gottlieb absent
Resolution No. 2013-07
Page 2
PASSED AND ADOPTED this 5th day . ' ebruary 2013.
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SUSAN GO LIEB, MAYO'S
ATTEST I
(ERESA M. SO'4 A , MC
ITY CLERK
APPROVED S TO LE3AL SU7.IcIENCY:
CI ATTORNEY
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MUTUAL AID AGREEMENT
WITNESSETH
WHEREAS, it is the responsibility of the governments of the City of Aventura,
Florida, and the City of Hallandale Beach, Florida (collectively, the "Parties") to ensure
the pubic safety of their citizens by providing adequate levels of police service to assess
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 man-made conditions which are, or likely to
be, beyond the control of the services, personnel, equipment, or facilities of the Aventura
Police Department and the Hallandale Beach Police Department (collectively, the
"Agencies"); and
WHEREAS, the Parties are so located in relation to each other that it is to the
advantage of each to receive and extend mutual aid in the form of law enforcement
services and resources to adequately respond to:
(1) Intensive situations including, but not limited to emergencies as defined
under Section 252.34(3), Florida Statutes; and
(2) Continuing, multi jurisdictional law enforcement problems, so as to protect
the public peace and safety, and preserve the lives and property of the
people; and
WHEREAS, the Parties have authority under Part I of Chapter 23, Florida
Statutes, the Florida Mutual Aid Act, to enter into:
(1) A requested operational assistance agreement for the requesting and
rendering of assistance in law enforcement intensive situations and
emergencies; and
(2) A voluntary cooperation agreement for assistance of a routine law
enforcement nature that crosses jurisdictional lines.
NOW, THEREFORE, BE IT KNOWN that the City of Aventura, a political
subdivision of the State of Florida and the City of Hallandale Beach, 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: DESCRIPTION
This Agreement provides for the requesting and rendering of assistance for both
routine and law enforcement intensive situations and combines elements of both a
voluntary cooperation agreement and a requested operational assistance agreement, as
described in Chapter 23, Florida Statutes.
SECTION II: PROVISIONS FOR VOLUNTARY COOPERATION
The Chief of Police for the City of Aventura and the Chief of Police for the City
of Hallandale Beach (collectively "Agency Heads") may execute a joint declaration,
enumerating the specific conditions under which aid may be requested or rendered
pursuant to this Agreement (the "Joint Declaration"). Subsequent to execution, a Joint
Declaration shall be filed with the clerks of the respective political subdivisions and shall
thereafter become part of this Agreement. The Joint Declaration may be amended at any
time upon the mutual assent of the Agency Heads.
SECTION III: POLICY AND PROCEDURE
(a) In the event that a party to this Agreement is in need of assistance as set
forth above, an authorized representative of the Agency requiring
assistance shall notify the Agency, Agency Head, or his/her designee from
whom such assistance is required. The Agency Head 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 mariner he/she deems appropriate. The
Agency Head's decision in this regard shall be final.
(b) The resources or facilities that are assigned by the assisting Agency shall
be under the immediate command of a supervising officer designated by
the assisting Agency Head. Such supervising officer shall be under the
direct supervision and command of the Agency Head or his designee of
the Agency requesting assistance.
(c) Should a violation of Florida Statutes occur in the presence of said officers
representing their respective Agencies in the furtherance of this
Agreement, they shall be empowered to render enforcement assistance and
act in accordance with law.
SECTION IV: POWERS,PRIVILEGES, IMMUNITIES AND COSTS
(a) Members of the Agencies when actually engaging in mutual cooperation
and assistance outside of the jurisdictional limits of Aventura or
Hallandale Beach under the terms of this Agreement, shall,pursuant to the
provisions of Section 23.127, 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) Each Party agrees to furnish the necessary 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 equipment, resources, facilities, and services in
furnishing such mutual aid.
(c) The Agency furnishing any equipment pursuant to this Agreement shall
bear the loss or damages to such equipment and shall pay any expense
incurred in the operation and maintenance thereof.
(d) The Agency furnishing aid pursuant to this section shall compensate its
appointees/employees during the time such aid is rendered and shall
defray the actual travel maintenance expenses of such 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. HOWEVER, if the requesting Agency
receives compensation from the Federal Emergency Management Agency
(FEMA), the requesting Agency may compensate the assisting Agency
during the time of the rendering of such aid and may defray the actual
travel and maintenance expenses of such employees while they are
rendering such aid, including any amounts paid or due for compensation
as a result of personal injury or death while such employees are rendering
such aid as pertains to this Agreement.
(e) All of 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 which apply to the activity
of such officers, agents or employee of any such agency when performing
their respective functions within the territorial limits of their respective
public agencies shall apply to them to the same degree, manner, and extent
while engaged in the performance of any of their functions and duties
extraterritorially under the provisions of this Agreement. The provisions
of this section shall apply with equal effect 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
when assistance is requested under this Agreement.
SECTION V: FORFEITURE
It is recognized that during the course of the operation of the Agreement,
property subject to forfeiture under the Florida Contraband Forfeiture Act, Florida
Statutes, may be seized. Seized property shall be 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.
SECTION VI: INDEMNIFICATION
Each Party engaging in any mutual cooperation and assistance,pursuant to
this Agreement, agrees with respect to any suit or claim for damages resulting
from any and all acts, omissions, or conduct of such party's own employees
occurring while engaging in rendering such aid pursuant to this agreement, to
hold harmless, defend and indemnify the other participating party and its
appointees or employees, subject to provisions of Section 768.28, Florida
Statutes, where applicable, and provided such party shall have control of the
defense of any suit or claim to which said duty to indemnify applies.
SECTION VII: EFFECTIVE DATE
This Agreement shall take effect upon execution and approval by the
hereinafter-named officials, shall apply retroactively from and after January 1,
2013, and shall continue in full force and effect until the expiration of a period of
five (5) years from said date, unless terminated prior thereto by any or all of the
Parties herein. The December 21, 2012 letter from the City of Hallandale,which
indicated acceptance of the City of Aventura's proposal to extend the prior
Mutual Aid Agreement that expired on January 1, 2013, is hereby ratified by the
signing of this Agreement.
SECTION VIII: CANCELLATION
This agreement may be cancelled by any Party upon delivery of written
notice to the other Party or Parties. Cancellation will be at the direction of any
subscribing Party.
IN WITNESS WHEREOF, the Parties hereto cause these presents to be signed
on the date specified.
Renee Crichton Miller Eric M. Soroka
City Manager City Manager
City of Hallandale Beach City of Aventura
Date: Date:
Dwayne Flournoy Steven Steinberg
Chief of Police Chief of Police
Hallandale Beach, Florida Aventura, Florida
Date: Date:
ATTEST: ATTEST:
Sheena D. James Teresa M. Soroka
City Clerk City Clerk
Hallandale Beach, Florida City of Aventura, Florida
JOINT DECLARATION BETWEEN
THE CITY OF AVENTURA AND THE CITY OF HALLANDALE BEACH PURSUANT
TO A 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 preplanned and approved by each
respective agency head; or
• Appropriately dispatched in response to a request for assistance from the other law
enforcement agency.
In compliance with and under the authority of the Mutual Aid Agreement heretofore
entered into by the City of Aventura, Florida and the City of Hallandale Beach, 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 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.
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. Emergency situations in which one agency cannot perform its functional objective.
14. Incidents requiring utilization of specialized units, e.g., underwater recovery, aircraft,
canine,motorcycle,bomb, crime scene, marine patrol, and police information.
15. Joint training in areas of mutual need.
16. Joint multi jurisdictional marine interdiction operations.
The following procedures will apply in mutual aid operations:
1. Mutual aid requested or rendered will be approved by the Chief of Police or designee.
2. Specific reporting instructions for personnel rendering mutual aid should 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.
4. Incidents requiring mass processing of arrestees, transporting prisoners, and operating
temporary detention facilities will be handled per established procedures.
AGREED TO AND ACKNOWLEDGED this day of , 2013.
Dwayne Flournoy Steven Steinberg
Chief of Police Chief of Police
Hallandale Beach, Florida Aventura, Florida
Date: Date:
ATTEST: ATTEST:
Sheena D. James Teresa M. Soroka
City Clerk City Clerk
Hallandale Beach, Florida Aventura, Florida
Approved as to form Approved as to form
and legal sufficiency: and legal sufficiency:
City Attorney City Attorney
City of Hallandale Beach, Florida City of Aventura, Florida
Date: Date: