Resolution No. 2017-18 Mutual Aid Agreement with Town of Surfside for Law Enforcement Activities - April 4, 2017 RESOLUTION NO. 2017-18
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 TOWN OF SURFSIDE 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 Surfside 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 Shelley, 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. 2017-18
PASSED AND ADOPTED this 4th day of April, 2017.
1 A Rd ,
E , i TY ISMAN, MAYOR
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ATTEST:
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ELLISA L. HORVAT ,
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
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CITY ATTORNEY
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MUTUAL AID AGREEMENT
(AVENTURA-SURFSIDE)
WITNESSETH
WHEREAS, it is the responsibility of the governments of the City of Aventura,
Florida, and the Town of Surfside, 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 or man-made conditions which are, or likely
to be, beyond the control of the services, personnel, equipment, or facilities of the
Aventura Police Department and the Surfside 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(2), 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 the City of Aventura, a political
subdivision of the State of Florida and the Town of Surfside, 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 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 the City of Aventura and the Chief of Police for the Town
of Surfside (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 time 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.
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 Aventura or Surfside
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.
(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 the provisions of Section 768.28, Florida
Statutes, where applicable, and provided such indemnifying 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 be effective upon execution and approval by the
hereinafter-named officials and shall continue in full force and effect from
January 1, 2017, until the expiration of a period of five (5) years from January 1,
2017, unless terminated prior thereto by any or all of the Parties herein. The term
of the previously effective Mutual Aid Agreement which was initially entered into
by the Parties on February 1, 2011, is hereby extended from January 1, 2016 to
January 1, 2017,and said extension is hereby ratified, confirmed and approved.
SECTION VIII: 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.
IN WITNESS WHEREOF, the Parties hereto cause these presents to be signed
on - •ate spec' ied.
won"Miaow h
Guill rmo Olmedillo Eric M. Sor t
Town Manager City Manage
Town of Surfside City of Aventura
Date: Date: i 7
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•avi a Allen Steven Steinberg
Chief of Police Chief of Police
Surfside, Florida Aventura, Florida
Date: f• f, Date: 07/7
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Sandra ' ,`�. MC Ellisa Horvath, MMC
Town C •Z'.. City Clerk
Surfside "o •a City of Aventura, Florida
JOINT DECLARATION
OF THE CHIEF OF THE TOWN OF SURFSIDE 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, hereto entered into
by the Town of Surfside, 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, backup to emergency
and in-progress calls, pursuits, and missing persons calls.
9. Enemy attack.
10. Transportation of evidence requiring security.
11. Major events; e.g., sporting events, concerts, parades, fairs, festivals, and conventions.
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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, canine,
motorcycle, crime scene, marine patrol enforcement or investigation, and police
information.
15. Joint training in areas of mutual need.
16. Participating in exigent situations without a formal request which are spontaneous
occurrences such as area searches for wanted subjects, perimeters, crimes in progress,
escaped prisoners; traffic stops near municipal boundaries, request for assistance and no
local unit is available or 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 jurisdictional waters within respective municipal
boundaries.
18. Concurrent marine patrol related jurisdiction between agencies on the waters, waterways,
canals, channels, rivers, streams, and any and all other bodies of waters, including the
Intracoastal Waterway (ICW)that fall within either jurisdiction.
19. Both agencies will be permitted to patrol jurisdictional waters of either jurisdiction, and
to take enforcement actions as deemed appropriate under city, state and federal laws,
rules and regulations, and to write boating law violation citations, make arrests, and to
attend court on behalf of the other agency.
20. Both agencies agree that any and all incidents, which require an initial (preliminary)
police offense incident report (OIR), will be completed by the agency making the initial
contact. Any follow-up investigations that are required are to be completed by the
jurisdiction in which the incident occurred regardless of which agency completed the
original offense incident report.
21. If an arrest is made by one agency that is operating in the jurisdictional waters of the
other agency, and that arrest results in asset forfeiture proceedings, both agencies agree to
a 50-50 share of the final asset distribution following the payment of all expenses related
to the prosecution of the civil case. The jurisdiction of civil forfeiture actions shall be
determined and filed by the seizing agency.
22. Both agencies have the right to set their own days and hours for marine patrol and agree
to provide assistance and aid to the other agency under the spirit of the Mutual Aid
Agreement.
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DATE: r-'/(- 7DATE: r 7
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Davi lien Steven Steinberg
Chief of Police Chief of Police
Town of Surfside Police Department City of Aventura Police Department/;( At
Surfside, Florida Aventura, Florida %/► lii P
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Sandra Novo V Ellisa Horvath
Town Clerk , City Clerk
Town of Sur id-, • L City of Aventura, FL
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