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Resolution No. 2017-08 Intergovernmental Special Response Team Agreement ICE-SAC-MIAMI - February 9, 2017 RESOLUTION NO. 2017-08 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA AUTHORIZING THE CITY MANAGER AND POLICE CHIEF TO EXECUTE AND OTHERWISE ENTER INTO THAT CERTAIN INTERGOVERNMENTAL SPECIAL RESPONSE TEAM AGREEMENT BETWEEN THE CITY OF AVENTURA POLICE DEPARTMENT AND THE U.S. DEPARTMENT OF HOMELAND SECURITY, IMMIGRATION & CUSTOMS ENFORCEMENT, HOMELAND SECURITY INVESTIGATIONS, OFFICE OF THE SPECIAL AGENT-IN- CHARGE MIAMI, FLORIDA (ICE-SAC-MIAMI) ATTACHED HERETO; AUTHORIZING THE CITY MANAGER AND POLICE CHIEF 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 and Police Chief are hereby authorized on behalf of the City of Aventura to execute and otherwise enter into that certain Intergovernmental Special Response Team Agreement between the City of Aventura Police Department and the U.S. Department of Homeland Security, Immigration & Customs Enforcement, Homeland Security Investigations, Office of the Special Agent- in-Charge Miami, Florida (ICE-SAC-Miami) attached hereto for the deployment of Special Response Team (SRT) personnel and equipment in support of Immigration and Customs Enforcement (ICE) led investigations and/or ICE led joint, federal, state, and local warrant operations. Section 2. The City Manager and Police Chief are authorized to do all things necessary 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 Shelley, who moved its adoption. The motion was seconded by Commissioner Landman, and upon being put to a vote, the vote was as follows: Commissioner Denise Landman Yes Commissioner Dr. Linda Marks Yes Commissioner Gladys Mezrahi Yes Commissioner Robert Shelley Yes Commissioner Howard Weinberg Yes Vice Mayor Marc Narotsky Yes Mayor Enid Weisman Yes City of Aventura Resolution No. 2017-08 PASSED AND ADOPTED this 9th day of February, 2017. ENID WEISMAN, MAYOR ATTEST: r� ELLISA L. HORVAT• , M CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: V%-1( " vv) 11-41---.--)( CITY ATTORNEY INTERGOVERNMENTAL SPECIAL RESPONSE TEAM AGREEMENT This Memorandum of Agreement ("Agreement") is between the U.S. Department of Homeland Security, Immigration & Customs Enforcement, Homeland Security Investigations, Office of the Special Agent-in-Charge, Miami FL, ("ICE-SAC-Miami"), whose address is 11226 NW 20th Street, Miami, FL 33172, and The Aventura Police Department, whose address is 19200 West Country Club Drive, Aventura, FL 33180. The Parties are entering into this Agreement to set forth parameters for the deployment of Special Response Team (SRT) personnel and equipment in support of ICE led investigations and/or ICE led joint, federal, state and local warrant operations. ICE is a federal law enforcement agency with the authority to enter into this agreement under the provisions of the Homeland Security Act of 2002 (Pub. L. 107-296); 19 U.S.C. ti 1589a; 21 U.S.C. ` 873; 8 U.S.C. ` 1103(c); and 18 U.S.C. § 981(e). The Responding Party is authorized by law to execute intergovernmental agreements under the Florida Mutual Aid Act, Chapter 23 Florida State Statutes. Each Party to this agreement has established and maintains an SRT, comprised of sworn law enforcement officers who are trained and equipped to respond to High Risk Incidents (as such term is defined in Article I). The Parties acknowledge that ICE-SAC-Miami may require assistance from the Responding Party to effectively respond to certain High Risk Incidents. The Parties desire to enter into an understanding to provide a framework for the deployment of the Responding Party's SRT personnel and equipment to ICE-SAC-Miami in response to High Risk Incidents. The Parties do not intend to establish a separate legal or administrative agency and have not therefore provided for or otherwise established such an agency by the terms of this Agreement. THEREFORE, in consideration of the mutual interest, obligations and promises of the participating Parties, as provided in this Agreement, the Parties agree as follows: ARTICLE I — DEFINITIONS The following words in this Agreement, whether used in the singular or plural, possessive or non-possessive, capitalized or lower case will be defined and interpreted as follows: a. SRT Command Officer means the senior or highest ranking officer available, or his or her designee, who has responsibility for directing High Risk Incident enforcement operations for his or her department. For purposes of this Agreement, the ICE-SAC-Miami SRT Command Officer is currently the designated SRT Tactical Supervisor or his designee. b. Participating Party or Party means either signatory to this Agreement. c. Responding Party means the City of Aventura, Florida. d. Specialized Response Team or SRT means a specialized team of sworn police officers and tactical medics within a law enforcement agency, who have specialized training and equipment to respond to High Risk Incidents. e. High Risk Incident or "Incident" means any activity or event which holds a greater than normal probability of injury or death to law enforcement personnel or to the public. Examples of High Risk Incidents include, but are not limited to: 1) Situations involving a suspect with a history of violence or resisting arrest; 2) Situations involving fortified buildings, property, vessels or other structures or conveyances which require the use of specialized equipment to gain access; 3) Situations involving suspects who are members of organizations which advocate violence; 4) Situations that would overwhelm the resources and capabilities of an officer or office with standard operating equipment and training; 5) A disturbance in an ICE facility that poses a risk of physical injury to government employees, detainees, or others; 6) Situations involving barricaded gunmen, snipers, hostage- taking, terrorism, armed suicides, or vice raids or arrests; 7) Other High Risk enforcement operations within the scope of the SRT training and capabilities; 8) Other situations where the totality of circumstances presents an above average risk of threat. g. Incident Command Officer means the officer or officers designated by the Party's SRT Command Officer to initiate requests, respond to requests, and exercise discretion on behalf of its Party in connection with this Agreement. As used in this Agreement, any reference to Incident Command Officer will include that Party's SRT Command Officer. ARTICLE II — SERVICES 1. Request for Assistance. In the event of a High-Risk Incident potentially occurring or anticipated during an ICE-SAC-Miami led investigation or during a joint, federal, state and local High Risk warrant operation where ICE-SAC-Miami is the lead agency, ICE-SAC-Miami may direct a request to the Responding Party for supplemental SRT equipment and/or personnel. The request shall be directed to the Responding Party's Point of Contact (referenced in Article IV below), and, if possible, shall identify the nature of the Incident, the number of officers required, types of assistance and/or equipment requested and the location where the Responding Party's SRT should report. 2. Upon receipt of a request, the Responding Party will deploy SRT personnel or equipment to the Incident, unless the Responding Party's SRT is unavailable due to another Incident or existing conditions within its community. Deployment will be dependent upon the current personnel base, availability, and existing conditions within the Responding Party's community. 3. Upon receipt of a request, the Responding Party's Incident Commander will have the sole authority to determine the number of personnel and type of resources it will deploy in response to ICE-SAC-Miami's request, and shall promptly notify ICE-SAC-Miami of the personnel and other resources that will be deployed and the anticipated time of arrival. Conversely, if the Responding Party does not have the resources or equipment available to deploy to the Incident, the Responding Party's Incident Command Officer shall provide prompt notification to ICE-SAC-Miami that it is unable to deploy. 4. Upon arrival to the Incident, the Responding Party's Incident Command Officer will report to ICE-SAC-Miami's SRT Tactical Supervisor or his or her designee, and will follow his or her tactical requests, provided, however, the policies and procedures of the Responding Party's agency shall not be violated. It is understood that ICE-SAC-Miami is responsible for the response to, and control of, the High Risk Incident and that Responding Party officers will be following the tactical directives of ICE- SAC-Miami. The Responding Party; however, will have the sole authority and discretion to modify or withdraw its equipment and/or personnel from the Incident at any time. 5. ICE-SAC-Miami will not be responsible for the payment to, or reimbursement of, a Responding Party's costs. It is specifically understood that ICE-SAC-Miami will not be responsible for State and Local Overtime (SLOT) funding. All personnel, resources, equipment and services contemplated under this Agreement will be furnished at the expense of each respective Party owning the equipment and supplies and employing the personnel. No Party will be held responsible for the costs incurred by the other Party, or be entitled to compensation for assistance provided. 6. ICE-SAC-Miami and the Responding Party agree that it is authorized to, and may conduct, joint SRT training exercises with each other. Each Party agrees, upon reasonable request and availability, to permit the other Party to use its facilities to conduct SRT training exercises to the extent the same is not inconsistent with applicable agency policy, directive, regulation, or law. ARTICLE III — LIABILITY 1. Each Party will be responsible to assume its own liability attributed to the acts, omissions or conduct of such Party's own officers and employees while such officers and employees are engaged in responding to Incidents, during joint training exercises, or during any other activity contemplated by this Agreement. Neither Party agrees to insure, defend or indemnify another Party. 2. ICE-SAC-Miami acknowledges that the United States shall be responsible for any claims arising out of the acts or omissions of its employees acting within the scope of their employment to the extent the United States is liable under the Federal Tort Claims Act (FTCA), 18 U.S.C. §§ 2671-2680. This Agreement is not intended and shall not be construed as a waiver of any immunity available to the United States and the signatory agency. 3. This Agreement confers no rights or remedies on any third party, other than the Parties to this Agreement and their respective successors and permitted assigns. This Agreement shall not be construed as creating a higher legal standard of safety or care with respect to third party claims. 4. No liability, right or benefit associated with any employer-employee relationship shall be implied by this Agreement. Nothing in this Agreement shall imply or create any duty or responsibility to comply with a collective bargaining agreement of another Party, or to create any right to insurance or any other employment right of a Party's employee from another Party to this Agreement. No employee of any Party to this Agreement shall be deemed to have become an employee of another Party or to be covered by any insurance or pension plans of another Party due to the employee's participation in the performance of this Agreement. 5. Nothing in this Agreement shall imply a duty to levy additional taxes, appropriate funds, or enter into specific terms of a collective bargaining unit in order to effectuate this Agreement. ARTICLE IV-NOTICE 1. The following individuals are the points of contact for each Party under this Agreement: ICE-SAC-Miami Mark Phillips SRT Tactical Supervisor SAC Miami, FL Office: 305.715.7773 4 Cell: 786.367.0983 Fax: 305.715.7683 Responding Party City of Aventura Police Department 19200 West Country Club Drive Aventura, FL 33180 Telephone: 305-466-8989 Fax: 305-466-8990 ARTICLE V — TERM AND TERMINATION 1. This Agreement and any amendments will be effective upon execution by the Parties, authorized by resolution adopted by the governing bodies of each Party or such other form of authorization required by an individual Party to bind the Party to the terms of this Agreement. This Agreement will remain in effect for one year from the Effective Date, subject to earlier termination as provided in this Agreement. The terms of the Agreement will become effective upon signature by both Parties. 2. A Party, upon written notification from executive head of its police department/agency, may terminate or cancel its participation under this Agreement, with or without cause, upon 30 days written notice to the other Party. The effective date for termination or cancellation will be clearly stated in the notice. 3. Changes to this agreement must be made in writing and only if agreed to by the signatories of this Agreement or their successors. 4. A Party's SRT Command Officer may suspend its participation in this Agreement for a term not to exceed six months, by providing 30 days' advance written notification, stating the effective date of the suspension and the exact date its participation will resume. 5. If any part of this Agreement is breached the agreement may be terminated. ARTICLE VI — MISCELLANEOUS 1. Each Party will comply with all federal, state and local statutes, ordinances, state and federal administrative rules and requirements applicable to its activities performed under this Agreement. 2. Nothing in this Agreement is intended to conflict with any applicable law, regulation, directive, policy, or ordinance. In the event that any provision of 5 this Agreement violates any applicable law, regulation, policy (including without limitation, the policies set forth in the ICE SRT Handbook, the Interim ICE Firearms Policy, and the ICE Interim Use of Force Policy), directive, or ordinance, such provision shall be invalid and unenforceable. The invalidity or unenforceability of any provision of this Agreement shall not affect the validity or enforceability of any other provision of this Agreement, which shall remain in full force and effect. 3. The terms and conditions of this Agreement may only be modified upon the prior written agreement of the Parties. 4. The section and subsection numbers and captions contained in this Agreement are for convenience only and are not intended to have any substantive meaning. 5. The Parties have taken all actions and have secured all approvals necessary to authorize and complete this Agreement. The persons signing this Agreement on behalf of each Agency have the legal authority to sign it and bind the Parties to the terms of this Agreement. 6. This Agreement may be executed in any number of counterparts, all of which, when taken together, shall constitute one single agreement between the Parties. 7. The Parties further attest that they have taken all actions and secured all approvals necessary to authorize and complete this Agreement. The persons signing this Agreement on behalf of each Party have legal authority to sign and bind the respective Party to this Agreement. U.S. DEPARTMENT OF HOMELAND SECURITY IMMIGRATION & CUSTOMS ENFORCEMENT OFFICE OF THE SPECIAL AGENT IN CHARGE MIAMI, FLORIDA Mark Selby Date Special Agent in Charge HSI Miami Chief of Police Date 6