2013-16 RESOLUTION NO. 2013-16
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 BAY VILLAGE 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 Bay Village 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 Cohen, 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
Commissioner Luz Urbaez Weinberg yes
Mayor Susan Gottlieb yes
Resolution No. 2013-Jo
Page 2
PASSED AND ADOPTED this 2nd day of April, 2013.
SAN GOTTL EB, MAYOR
ATTEST:
I/ -/(k-
YJESA M. SO' A , MC
CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
F4 hi)
CITY ATTORNEY
MUTUAL AID AGREEMENT
BETWEEN THE NORTH BAY VILLAGE POLICE DEPARTMENT
AND THE CITY OF AVENTURA POLICE DEPARTMENT
WITNESSETH
WHEREAS, it is the responsibility of the governments of North Bay Village, Florida; and the
City of Aventura, Florida (collectively, the "Parties") to ensure the public 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 North Bay Village Police Department and the City of
Aventura 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 North Bay Village, a political subdivision of the
State of Florida and the City of Aventura, 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:
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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 North Bay Village and the Chief of Police for the City of Aventura
(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 tune 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 manner 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.
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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 North Bay Village or Aventura 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.
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(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 and shall continue in full force and effect until the expiration of a period of five (5) years
from the date hereof, unless terminated prior thereto by any or all of the Parties herein.
SECTION VII: 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.
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IN WITNESS WHEREOF, the Parties hereto cause these presents to be signed on the date
specified.
Dennis Kelly Eric M. Soroka
Village Manager City Manager
North Bay Village City of Aventura
Date: 3 a Date:
V
■ ,. ---
Robert J. D.'SNIPF Steven Steinberg
Chief of Police Chief of Police
1 o k Bay Village, Florida Aventura, Florida
Dat;3/i i /3 Date: .7it li K..?'
A TEST: ATTEST:
i
' , /ail,
P 117,s e P. amilton Teresa M. Soroka
Village Clerk City Clerk
North Bay Village, Florida City of Aventura, Florida
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JOINT DECLARATION BETWEEN
NORTH BAY VILLAGE AND THE CITY OF AVENTURA 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 North Bay Village, Florida 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 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.
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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.
AG D TO AND ACKNOWLEDGED this day of ,2013.
Robert J. Daniels Steven Steinberg
Chief of Police Chief of Police
North Bay Village,Florida Aventura, Florida
f: ,�/7/l Date: i �F�3
T: ATTEST:
/•
v s e P. `ami ton Teresa M. Soroka
Villa.- Clerk City Clerk
North Bay Village,Florida Aventura, Florida
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Approved as to form Approved as to form
And legal sufficiency: and legal sufficiency:
Village Attorney City Attorney
North Bay Village, Florida City of Aventura, Florida
.2 /13 Date: 1 LS Date:
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