Resolution No. 2016-22 Police Mutual Aid Agreement with the Town of Medley - April 5, 2016 RESOLUTION NO. 2016-22
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 TOWN OF MEDLEY 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 Town of Medley 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 Weinberg, who moved
its adoption. The motion was seconded by Commissioner Holzberg, and upon being put
to a vote, the vote was as follows:
Commissioner Enbar Cohen Yes
Commissioner Teri Holzberg Yes
Commissioner Denise Landman Yes
Commissioner Marc Narotsky Yes
Commissioner Howard Weinberg Yes
Vice Mayor Robert Shelley Yes
Mayor Enid Weisman Yes
City of Aventura Resolution No. 2016-22
PASSED AND ADOPTED this 5th day of April, 2016.
MOW
OR ENID WEISMAN
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ATTEST:
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ELLISA L. HORVAT C
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
hvA
CITY ATTORNEY
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COMBINED VOLUNTARY COOPERATION AND
OPERATIONAL ASSISTANCE
MUTUAL AID AGREEMENT
BETWEEN
THE TOWN OF MEDLEY, FLORIDA AND
THE CITY OF AVENTURA, FLORIDA
This Voluntary Cooperation andlOperational Assistance Mutual Aid Agreement is
made as of this day of /e+7 , 2016, by and between the TOWN OF MEDLEY,
FLORIDA, a Florida municipal corporation, having its principal office at 7777 NW
72 Avenue, Medley, Florida 33166, and the CITY OF AVENTURA, FLORIDA, a
Florida municipal corporation having its principal office at 19200 West Country Club Drive,
Aventura, Florida 33180, and states as follows:
WHEREAS, it is the responsibility of the governments of the Town of Medley,
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, there is an 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 Town of Medley Police Department or the City of Aventura Police Department; and
WHEREAS, the Town of Medley and the City of Aventura are so located in relation
to each other that it is in the best interest and advantage of each to receive and extend
mutual aid in the form of law enforcement services and resources to adequately
respond to:
(1) Continuing, multi-jurisdictional criminal activity, so as to protect the public
peace and safety, and preserve the lives and property of the people; and
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(2) Intensive situations including, but not limited to, natural or manmade
disasters or emergencies as defined under Section 252.34, Florida Statutes;
and
(3) Joint provision of certain law enforcement services specified herein and
allowed pursuant to Florida Statute 166.0495; and
WHEREAS, the Town of Medley and the City of Aventura have the authority under
The Mutual Aid Act, Chapter 23, Part I, Florida Statutes, to enter into a combined mutual
aid agreement for law enforcement services which:
(1) Permits voluntary cooperation and assistance of a routine law enforcement
nature across jurisdictional lines; and
(2) Provides for rendering of assistance in a law enforcement emergency.
NOW, THEREFORE, BE IT KNOWN, that the Town of Medley, 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.
SECTION 1: PROVISIONS FOR VOLUNTARY COOPERATION
Each of the aforesaid law enforcement agencies hereby approve and enter into this
agreement whereby each of the agencies may provide voluntary cooperation and
assistance of a routine law enforcement nature across jurisdictional lines. The nature of
the law enforcement assistance to be rendered shall include but not be limited to:
a. Concurrent law enforcement jurisdiction in and throughout the territorial
limits of the Town of Medley and the City of Aventura for arrests, made
pursuant to the laws of arrest, for felonies and misdemeanors, including
arrestable traffic offenses, which spontaneously take place in the presence
of the arresting officer, at such times as the arresting officer is traveling from
place to place on official business outside of his or her jurisdiction, for
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example, to or from court, or at any time when the officer is within the
territorial limits of his or her jurisdiction.
b. Concurrent law enforcement jurisdiction in and throughout the territorial
limits of the Town of Medley and the City of Aventura for arrests, made
pursuant to the laws of arrest, of persons identified as a result of
investigations of any offense constituting a felony or any act of Domestic
Violence as defined in Section 741.28, Florida Statutes, when such offense
occurred in the municipality employing the arresting officer.
c. Concurrent law enforcement jurisdiction in and upon the jurisdictional waters
of the Town of Medley and the City of Aventura for arrests, made pursuant
to the laws of arrest,for felonies and misdemeanors and boating infractions.
d. Participating in exigent situations, without the need for a formal request,
including, but not limited to, area searches for wanted subjects, perimeters,
crimes in progress, escaped prisoners, traffic stops near municipal
boundaries, requests for assistance when no available local units are
nearby, 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.
e. Concurrent law enforcement jurisdiction in and throughout the territorial
limits of the Town of Medley and the City of Aventura for investigations of
homicides, sex offenses, robberies, assaults, batteries, burglaries, larcenies,
gambling, motor vehicle thefts, drug violations pursuant to Chapter 893,
Florida Statutes, and inter-agency task forces and/or joint investigations.
Prior to any officer taking enforcement action pursuant to paragraphs (a) through
(e) above, the officer shall notify the jurisdiction in which the action will be taken, unless
exigent circumstances prevent such prior notification, in which case notification shall be
made as soon after the action as practicable. If the agency having normal jurisdiction
responds to the scene the assisting agency's officer may turn the situation over to them
and offer any assistance requested including, but not limited to, a follow-up written report
documenting the event and the actions taken.
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These provisions are not intended to grant general authority to conduct
investigations, serve warrants and/or subpoenas or to respond without request to
emergencies already being addressed by the agency of normal jurisdiction, but is intended
to address critical, life-threatening or public safety situations, prevent bodily injury to
citizens, or secure apprehension of criminals whom the law enforcement officer may
encounter.
SECTION II: PROVISIONS FOR OPERATIONAL ASSISTANCE
The aforesaid law enforcement agencies hereby approve and enter into this
agreement whereby each of the agencies may request and render law enforcement
assistance to the other to include, but not necessarily be limited to dealing with, the
following:
1. Joint multi-jurisdictional criminal investigations.
2. Civil affray or disobedience, disturbances, riots, large protest demonstrations
and assemblies, controversial trials, political conventions, labor disputes,
and strikes.
3. Any natural, technological or manmade 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, prisoner processing 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.
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11. Major events, e.g., 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,
marine patrol, aircraft, canine, motorcycle, bicycle, mounted, SWAT, bomb,
crime scene and police information.
14. Emergency situations in which one agency cannot perform its functional
objective.
15. Joint training in areas of mutual need.
16. Joint multi-jurisdictional marine interdiction operations.
17. Off-duty special events.
18. DUI Checkpoints.
SECTION III: PROCEDURE FOR REQUESTING OPERATIONAL ASSISTANCE
1. Mutual aid requested or rendered will be approved by the Chief of Police, or
designee. The Chief of Police, or designee, of the agency 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.
2. The Chief of Police in whose jurisdiction assistance is being rendered may
determine who is authorized to lend assistance in his/her jurisdiction, for how long such
assistance is authorized, and for what purpose such authority is granted. This authority
may be granted either verbally or in writing as the particular situation dictates.
3. Specific reporting instructions for personnel rendering mutual aid will be
included in the request for mutual aid. In the absence of such reporting instructions,
personnel will report to the ranking on-duty supervisor on the scene.
4. Communications instructions should be included in each request for mutual
aid and each agency's communications centers will maintain radio contact with each other
until the mutual aid situation has ended.
5. Incidents requiring mass processing of arrestees, transporting prisoners, and
operating temporary detention facilities will be handled per established procedures of the
requesting agency or Chief of Police involved.
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SECTION IV: COMMAND AND SUPERVISORY RESPONSIBILITY
a. COMMAND:
The personnel and equipment that are assigned by the assisting Chief of Police
shall be under the immediate command of a supervising officer designated by the
assisting Chief of Police. Such supervising officer shall be under the direct supervision
and command of the Chief of Police or his/her designee of the agency requesting
assistance.
b. CONFLICTS:
Whenever an officer is rendering assistance pursuant to this 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 standing 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.
c. HANDLING COMPLAINTS:
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 Chief of Police or his/her
designee of the agency employing the officer who is the subject of the complaint shall be
responsible for the investigation of the complaint. The Chief of Police or designee of the
requesting agency should ascertain at a minimum:
1. The identity of the complainant;
2. An address where the complaining party can be contacted;
3. The specific allegation; and
4. The identity of the employees accused without regard as to agency
affiliation.
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If it is determined during the investigation of a complaint 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 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: LIABILITY
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 employees while engaged in rendering such aid pursuant to this agreement,
subject to the provisions of Section 768.28, Florida Statutes, where applicable.
SECTION VI: POWERS, PRIVILEGES, IMMUNITIES AND COSTS
a. Employees of the Town of Medley and the City of Aventura when actually
engaging in mutual cooperation and assistance outside of their normal jurisdictional limits
but inside this State, under the terms of this agreement, shall, pursuant to the provisions of
Section 2 3 . 1 2 7(1), Fla. Stat. (as amended), have the same powers, duties,
rights, privileges and immunities as if the employee was performing duties inside the
employee's political subdivision in which normally employed.
b. Each party agrees to furnish necessary personnel equipment, resources and
facilities and to render services to each other party to this agreement as set forth above;
provided, however, that no party shall be required to deplete unreasonably its own
personnel, equipment, resources, facilities, and services in furnishing such mutual aid.
c. The political subdivision that furnishes equipment pursuant to this
agreement must bear the cost of loss or damage to that equipment and must pay any
expense incurred in the operation and maintenance of that equipment.
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d. The political subdivision furnishing aid pursuant to this agreement shall
compensate its employees during the time of the rendering of aid and shall defray (provide
for the payment of) the actual travel and maintenance expenses of its employees while
they are rendering aid, including any amounts paid or due for compensation for personal
injury or death while its employees are rendering aid.
e. The privileges and immunities from liability, exemption from laws, ordinances
and rules, and pension, insurance, relief, disability, workers' compensation, salary, death,
and other benefits that apply to the activity of an employee of an agency when performing
the employee's duties within the territorial limits of the employee's agency apply to the
employee to the same degree, manner, and extent while engaged in the performance of
the employee's duties extraterritorially under the provisions of this mutual aid agreement.
This section applies to paid, volunteer, reserve and auxiliary 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.
SECTION VII: FORFEITURES
It is recognized that during the course of the operation of this agreement, property
subject to forfeiture under Sections 932.701- 932.707, Florida Statutes, known as the
"Florida Contraband Forfeiture Act," 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 pursuant of the provisions of the
"Florida Contraband Forfeiture Act."
SECTION VIII: INSURANCE
Each political subdivision shall provide, upon request, satisfactory proof of liability
insurance by one or more of the means specified in Section 768.28, Florida Statutes, in an
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amount which is, in the judgment of the governing body of that political subdivision, at least
adequate to cover the risk to which that party may be exposed. Should the insurance
coverage, however provided, of any party be canceled or undergo material change, that
party shall notify all parties to this agreement of such change within ten (10) days of
receipt of the notice or actual knowledge of such change.
SECTION IX: 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 *r✓1 I , 2020. Under
no circumstances may this agreement be renewed, amended or extended except in
writing.
SECTION X: CANCELLATION
Either party may cancel its participation in this agreement upon delivery of written
notice to the other political subdivision.
IN WITNESS WHEREOF, the parties hereto cause to these presents to be signed
on the date first written above.
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AGREED AND ACKNOWLEDGED this 5 day of -t71/1 1 , 2016.
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ROB:RTO MARTELL ERIC M. SOR•KA
Town Mayor 0y 1%,1 City Manager
Town of Medley, Florida A l‘e. City of Avent r.', Florida
Date: 3-7 -,_,7 0/4, 't.' •:i. „O• Date: V.
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ATTEST: ` tr F 10'l ATTEST:
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HERLINA
TABORDA ELLISA L. HORVATH, MM
Town Clerk City Clerk
Town of Medley, Florida City of Aventura, Florida
APPROVED AS TO FORM AND APPROVED AS TO FORM AND
LEGAL SUFFICIENCY: LEGAL SUFFICIE Y:
WEISS SEROTA HF" N OL : : ERMAN, P.L WEISS S R A HELFMAN COLE
Town Attorney & BIERMAN, P.L
Town of Medley, Flori.- City Attorney
City of Aventura, Florida
) 9 1/7 --14 . 1e111112 ----
AN EC SAID-,INET / STEVE STEINBERG
Chief of Police Chief of Police
Town of Medley, Florida City of Aventura, Florida
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