2015-18 Mutual Aid Agreement - City of Miami Gardens RESOLUTION NO. 2015-18
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 MIAMI GARDENS 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 Miami Gardens 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 Landman, who moved
its adoption. The motion was seconded by Commissioner Weinberg, and upon being
put to a vote, the vote was as follows:
Commissioner Enbar Cohen Yes
Commissioner Denise Landman Yes
Commissioner Marc Narotsky Yes
Commissioner Robert Shelley Yes
Commissioner Howard Weinberg Yes
Vice Mayor Teri Holzberg Yes
Mayor Enid Weisman Yes
City of Aventura Resolution No. 2015- I fj
Page 2
PASSED AND ADOPTED this 3rd day of March, 2015.
''MAY R ENID WEISMAN
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ATTEST:
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ELLISA L. HORVATH, �,,A
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENC9(:
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CITY ATTORNEY J
MUTUAL AID AGREEMENT
BETWEEN THE CITY OF MIAMI GARDENS
AND THE CITY OF AVENTURA
WHEREAS, it is the responsibility of the governments of the City of
Miami Gardens 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 Miami Gardens Police Department
and the Aventura Police Department; 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 City of Miami Gardens and City of Aventura; and
WHEREAS, the City of Miami Gardens and the City of Aventura have
the authority under Section 23.12, Florida Statutes, et seq., the Florida Mutual
Aid Act, to enter into a mutual aid agreement for law enforcement service which
provides for rendering of assistance in a law enforcement service;
NOW, THEREFORE, that the City of Miami Gardens, a political
subdivision of the State of Florida, and the City of Aventura, 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: SHORT TITLE
Mutual Aid Agreement
SECTION II: 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.
SECTION III: 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. The Joint
Declaration between the City of Aventura and the City of Miami Gardens is
hereby incorporated by reference. Subsequent to execution by 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. 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 Miami
Gardens Police Department or the Aventura Police Department.
C. Agency head: Either Chief of the Miami Gardens Police Department or
Chief's designee and the Chief of Aventura Police Department or the
Chief's designee.
D. Participating municipal police department: The City of Miami Gardens
Police Department and City of Aventura Police Department.
E. Certified law enforcement employee: Any law enforcement employee
certified as provided in Chapter 943, Florida Statutes.
SECTION IV: 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
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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.
D. Whenever an officer or other employee is rendering assistance pursuant
to the is agreement, the officer or employee shall abide by and be subject
to the rules and regulations, personnel policies, general orders and
standard operating procedures of his/her own employing agency. 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, personnel policy, general order or procedure shall control
and shall supersede the direct order.
E. Whenever there is cause to believe that a complaint has arisen as a result
of a cooperative effort as it may pertain to this agreement, the agency
head or his/her designee of the requesting agency shall be responsible for
the documentation of said complaint to ascertain at a minimum:
1. The identity of the complainant.
2. An address where the complaining party can be contacted.
3. The specific allegation.
4. The identity of the accused employee(s) without regard 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 agency head or his/her designee of 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.
SECTION V: 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.
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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 the 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 ordinances and rules, and all pensions, insurances,
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 extra territorially under the provisions of this
Mutual Aid Agreement. The provisions of this Agreement shall apply with
equal effect to paid and auxiliary employees.
E. This agreement creates no rights or benefits in favor or any third parties
and there are no intended third party beneficiaries with regard to the
provisions herein.
F. Nothing in this agreement is intended or is to be construed as any transfer
or contracting away of the powers or functions of one party hereto to the
other.
SECTION VI: INDEMNIFICATION
A. Each party engaging in any mutual cooperation and assistance, pursuant
to this Agreement, agrees to assume responsibility for the acts, omissions,
or conduct of such party's own employee while engaged in rendering such
aid pursuant to this Agreement subject to the provisions of Section 768.28,
Florida Statutes, where applicable.
B. The political subdivision having financial responsibility for the law
enforcement agency providing aid pursuant to this Agreement agrees to
hold harmless, defend, and indemnify the requesting law enforcement
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agency and its political subdivision in any suit, action, or claim for
damages resulting from any and all acts or conduct of employees of said
providing agency while providing aid pursuant to this Agreement, subject
to Chapter 768, Florida Statutes, where applicable.
C. Each party shall provide satisfactory proof of liability insurance or self-
insurance by one or more of the means specified in §768.28(16)(a),
Florida Statutes, in an amount which is, in the judgment of the governing
body of that party. Should insurance coverage of any party be cancelled
or undergo material change, that party shall notify all parties to this
agreement of such change within ten (10) days of receipt of notice or
actual knowledge of such chance.
SECTION VII: FORFEITURES
A. During the course of this Agreement, real property, vessel, motor vehicle,
aircraft, currency or other property may be seized and subject to forfeiture
under the Florida Contraband Forfeiture Act,. The jurisdiction in which the
property was seized shall be considered the seizing agency. The seizing
agency pursuing the forfeiture action shall have the exclusive right to
control and the responsibility to maintain the property in accordance with
Chapter 932, Florida Statutes, to include, but not be limited to, the
complete discretion to bring the action or dismiss the action.
B. All proceeds from the forfeited property as a result of or in accordance
with this Agreement shall be equitably distributed among the participating
agencies in proportion to the amount of investigation and participation
performed by each agency less the costs associated with the forfeiture
action.
SECTION VIII: 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.
SECTION IX: EFFECTIVE DATE AND DURATION
This Agreement shall be in effect from date of signing, through and including,
January 1, 2020. Under no circumstances may this Agreement be renewed,
amended, or extended except in writing.
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SECTION X: CANCELLATION
This Agreement may be cancelled by either party upon sixty (60) days written
notice to the other party.
AGREED : - ACKN• LEDGED this 5 day of NAC1 YG f I , 2015.
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Cargo ;e "-- � Eric M. Sordka
City Manager City Manager
City of Miami Gardens, Florida City of Aventura, Florida
ATTEST: ATTEST: ` i * 1
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Al Ii / I OM
Ronetta Tay:or, r•! Clerk Ellisa L. Horvath, City , —rk
City of Miami G.rdens Florida City of Aventura, Flo .a
APPRO A ED AS TO FORM APPROVED AS TO FORM
AND L.1 AL SUFFICIENCY AND LEGAL SUFFICIENCY
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Sonj: Dickens W?iss Serota Helfman Cole
City Attorney Bierman & Popek
City of Miami Gardens, Florida City Attorney
City of Aventura, Florida
266438_1.DOC
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JOINT DECLARATION BETWEEN
THE CITY OF AVENTURA AND THE CITY OF MIAMI GARDENS
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 here-
tofore entered into by the City of Miami Gardens, 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 dis-
putes, and strikes.
3. Any natural disaster.
4. Incidents which require rescue operations and crowd and traffic con-
trol measures including, but not limited to, large-scale evacuations,
aircraft and shipping disasters, fires, explosions, gas line leaks, radi-
ological incidents, train wrecks and derailments, chemical or hazard-
ous 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 func-
tional 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.
AGREED TO AND ACKNOWLEDGED this 3 day of M a Y C I' 1 , 2015.
Step a E. ohnson t en Steinberg
Chief o P. ice Chief of Police
City of 'ami Gardens, Florida City of Aventura, Florida St 1
ATTEST: ATTEST: :''F ��".i' *
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Ronetta Taylor, City perk Ellisa L. Horvath, City Cley !
City of Miami Gar,s Florida City of Aventura, Florida
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