2014-49 RESOLUTION NO. 2014-49
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 Vice Mayor Joel, who moved its
adoption. The motion was seconded by Commissioner Luz Weinberg, and upon being
put to a vote, the vote was as follows:
Commissioner Enbar Cohen yes
Commissioner Teri Holzberg yes
Commissioner Michael Stern yes
Commissioner Howard Weinberg yes
Commissioner Luz Urbaez Weinberg yes
Vice Mayor Billy Joel yes
Mayor Susan Gottlieb yes
Resolution No. 2014-59
Page 2
PASSED AND ADOPTED this 7th day of October, 2014.
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SUSAN GOTTLIEB, MAYOR
ATTEST:
ESA M. tRrnKA, MMC
CLER
APPROVED AS TO LEGAL SUFFICIENCY:
CITY ATTORNEY
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MUTUAL AID AGREEMENT
Between the City of North Miami Beach Police Department
and the City of Aventura Police Department
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 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, 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 to enter into a Mutual Aid Agreement under Chapter 23, Florida
Statutes, the Florida Mutual Aid Act;
WHEREAS, it is to the advantage of each law enforcement agency to
receive and extend mutual aid in the form of law enforcement services and
resources to adequately respond to:
(1) Continuing, multi jurisdiction law enforcement problems, so as to protect
the public peace and safety, and preserve the lives and property of the
people; and
(2) Intensive situations including but not limited to emergencies as defined
under Section 252.34 of the Florida Statutes, or
(3) requests for Mutual Aid by certain law enforcement services specified
herein and as defined under Section 23.1225 of the Florida Statutes; and
NOW, THEREFORE, BE IT KNOWN, that the City of North Miami
Beach and the City of Aventura, political subdivisions of the State of Florida,
and the undersigned representatives, in consideration of 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 the Mutual Aid 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.
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. The Joint Declaration between the City of North Miami
Beach and the City of Aventura is attached hereto as Exhibit "A"
and is hereby incorporated by reference. Said declaration may be
amended or supplemented at any time by the agency heads by
filing subsequent declarations, subject to the approval of the legal
counsel of their respective political subdivisions, and filed with the
Clerks of the respective political subdivisions.
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B. Agency or participating law enforcement agency: Either the
City of North Miami Beach Police Department or the
participating municipal police department.
C. Agency Head: Either the Chief of the City of North Miami Beach,
or the Chiefs designee, and the Chief of Police of the participating
municipal 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 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 and any
Amendments thereto, 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 his or her available resources, and will respond in an
appropriate manner.
B. Each party to this Agreement agrees to furnish necessary man
power, 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 unreasonably deplete its
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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.
5. Powers, Privileges, Immunities, and Costs:
A. All employees of the participating municipal police department,
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 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 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 rendering of such aid, and shall
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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 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 Mutual Aid
Agreement. The provision of this Agreement shall apply with equal
effect to paid and auxiliary employees.
E. Nothing herein shall prevent the requesting agency from requesting
supplemental appropriations from the governing body having
budgetary jurisdiction to reimburse the assisting agency for any
actual costs of expenses incurred by the assisting agency
performing hereunder.
F. The resources of facilities that are assigned shall be under the
immediate command of a supervising officer designated by the
assisting party. Such supervising officer shall be under the direct
supervision and command of the agency head or his designee of
the agency requesting assistance.
G. In accordance with Section 23.127(1), Florida Statutes, whenever
the employees of the responding agencies are rendering aid
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outside their jurisdiction pursuant to this agreement, such
employees shall have the same powers, duties, rights, privileges,
and immunities as if they were performing their duties in the
municipality in which they are normally employed or appointed.
H. All of the privileges and immunity from liability, exemptions from
laws, 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 function within
the territorial limits of their respective public agencies shall apply to
them in the same degree, manner, and extent while engaged in the
performance of any of their functions and duties extra-territorially
under the provisions of this Mutual Aid Agreement. This section
shall apply with equal effect to paid, volunteer, and auxiliary
employees.
Should either of the participating municipal police departments
receive reimbursement for expenditures from a third party for a
mutual aid event covered by this Agreement, the other participating
municipal police department shall be eligible to receive an equitable
reimbursement share for any actual costs or expenses incurred that
are directly attributable to the event, provided such costs and
expenses are authorized by the third party for reimbursement
purposes.
6. LIABILITY : Each participating agency herein agrees to be responsible
for the acts or conduct of employees of said agency pursuant to this
Agreement, subject to Chapter 768, Florida Statutes, where applicable.
Nothing contained in this Agreement shall be construed or interpreted to
be a waiver of sovereign immunity by either party. This provision shall not
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impair or preclude the voluntary reimbursement of costs by the requesting
law enforcement agency.
7. Forfeitures: 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. 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 municipality in which any property is
seized pursuant to the Florida Contraband Forfeiture Act shall have
priority to initiate forfeiture proceedings under the Florida Contraband
Forfeiture Act for any matters which arise from a mutual aid event that is
covered by this Agreement, but may allow the other municipality to
prosecute the forfeiture with the written authorization of the legal counsel
for each municipality. Upon a successful forfeiture prosecution, the
forfeiting agency shall share the proceeds with the assisting agency in an
amount commensurate with that agency's level of participation. 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. Whenever an officer is rendering assistance pursuant to this
Mutual Aid Agreement, the officer shall abide by and be subject to the
rules and regulations, personnel policies, general orders, and standard
operating procedures of his/her own employer. If any such rule, regulation,
personnel policy general order or standard operating procedure is
contradicted, contravened or otherwise in conflict with a direct order of a
superior officer of the requesting agency, then such rule, regulation,
policy, general order or procedure shall control and shall supersede the
direct order.
9. Complaints: Whenever there is cause to believe that a complaint has
arisen as a result of a Mutual Aid Event as it may pertain to this
Agreement, the Chief of Police or his/her designee of the requesting
agency shall be responsible for the documentation of said complaint to
ascertain at a minimum:
a. The identity of the complainant.
b. An address where the complaining party can be contacted.
c. The specific allegation
d. The identity of the employees accused without regard as to agency
affiliation.
If it is determined that the accused is an employee of the assisting agency,
the above information, with all pertinent documentation gathered during
the receipt and processing of the complaint, shall be forwarded without
delay to the assisting agency for administrative review. The requesting
agency may conduct a review of the complaint to determine if any factual
basis for the complaint exists and/or whether any of the employees of the
requesting agency violated any of their agency's policies or procedures.
10. Effective Date and Duration: This Agreement shall be in effect from
date of signing, through and including July , 2017, and under no
circumstances may this Agreement be renewed, amended or extended
except in writing.
11. Cancellation: This Agreement may be canceled by either party upon
written notice to the other party. Cancellation will be at the discretion of
the chief executive officers of the parties hereto.
AGREED AND ACKNOWLEDGED this day of , 2014.
CITY OF AVENTURA CITY OF NORTH MIAMI BEACH
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614, i t -
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Eric M. Soroka, Ana Garcia,
City Manager City Manager
ATTEST: / ST: /g/p' I
ei sa M. Sorokil 'amela Latimore,
Clerk City Clerk
APPROVED AS TO FORM AND LEGAL SUF'FI NI Y:
d. /P
David Wolpin, : .�• -
City Attorney ► . ' • : ney
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EXHIBIT A
JOINT DECLARATION OF THE CHIEF OF THE CITY OF NORTH MIAMI BEACH
POLICE DEPARTMENT AND THE CHIEF OF THE CITY OF AVENTURA POLICE
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 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 North Miami Beach and the City of Aventura, 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 multijurisdictional 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 and enemy attacks.
I 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: i.e., sporting events, concerts, parades, fairs, festivals, and conventions.
12. Security and escort duties for dignitaries.
13. Incidents requiring utilization of specialized units: e.g., underwater recovery, aircraft, canine,
motorcycle, bomb technicians, and crime scene technicians.
14. Emergency or intensive situations in which one agency needs additional assistance to
perform its functional objective.
15. Joint training in areas of mutual need.
16. Participating in exigent situations, without the need for a formal request, which situations
are spontaneous occurrences such as area searches for wanted subjects, perimeters,
crimes in progress, escaped prisoners, traffic stops near municipal boundaries, request for
assistance when no available units are 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 respective jurisdictional municipal boundaries.
DATE: ,,Z j �� wi� (�i DATE: 6 ! 1 It
...tiljAr;
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J. Sco %e 's, Chief Steve Steinberg, Chief
North " iami Beach Police Department Aventura Police Department
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City Cierk Clerk