Resolution No. 2017-26 Mutual Aid Agreement with City of North Miami for Law Enforcement Activities - June 14, 2017 RESOLUTION NO. 2017-26
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 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 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.
The foregoing Resolution was offered by Commissioner Shelley, who moved its
adoption. This motion was seconded by Vice Mayor Weinberg, and upon being put to a
vote, the vote was as follows:
Commissioner Denise Landman Absent
Commissioner Dr. Linda Marks Yes
Commissioner Gladys Mezrahi Yes
Commissioner Marc Narotsky Yes
Commissioner Robert Shelley Yes
Vice Mayor Howard Weinberg Yes
Mayor Enid Weisman Yes
City of Aventura—Resolution No. 2017-26
PASSED AND ADOPTED this 14th day of June, 2017.
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ENID W ISMAN, MAYOR
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ATTEST:
ELLISA L. HORVE ' MC, CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
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CITY ATTORNEY
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MUTUAL AID AGREEMENT
BETWEEN THE NORTH MIAMI POLICE DEPARTMENT
AND THE CITY OF AVENTURA POLICE DEPARTMENT
WHEREAS, it is the responsibility of the governments of the City of North Miami,
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 manmade 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 safet}?,and to
preserve the lives and property of the people of the participating Miami-Dade County
municipalities; and
WHEREAS,the participating municipalities have the authority under Chapter 23,Florida
Statutes, Florida Mutual Aid Act,to enter into a Mutual Aid Agreement.
NOW,THEREFORE, BE IT KNOWN,that the City of North Miami and the City of
Aventura, subdivisions of the State of Florida, and the undersigned representatives, in
consideration of mutual promises to render valuable aid in times of necessity, 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 become part of this Agreement.
The 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: The City of North Miami
Police Department and the City of Aventura Police Department.
C. Department Head: The Chief of the City of North Miami Police Department,
or the Chief's designees, and the Chief of the City of Aventura 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, 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 available resources, and will respond
in a manner deemed appropriate.
B. Each party to this Agreement agrees to furnish necessary personnel,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 personnel, 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 and all certified
law enforcement employees as defined in Chapter 943, Florida Statutes,during
such time that the employees are actually providing aid outside of the
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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 and shall pay any
and all expenses incurred in the maintenance and operation of these resources.
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 defray the actual travel and maintenance
expenses of the employees while they are rendering aid. Compensation shall
include any amounts for compensation due to personal injury or death while such
employees are engaged in rendering aid. Compensation shall also include all
benefits normally due the 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.
6. Indemnification: 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 agency and it
political subdivision in any suit, action or claim for damages resulting from any and
all acts or conduct of employees of the agency while providing aid pursuant to this
Agreement, subject to Chapter 768,Florida Statutes,where applicable.
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. This shall occur pursuant
to the provisions of the Florida Contraband Forfeiture Act.
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8. Conflicts: Any conflict 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.
9. Effective Date and Duration: This Agreement shall be in effect from date of
signing,through and including December 31,2021 and under no circumstances may
this Agreement be renewed,amended or extended except in writing.
10. Cancellation: This Agreement may be canceled by either party upon sixty (60)
days written notice to the other party. Cancellation will be at the discretion of the
chief executive officers of the parties.
AGREED AND ACKNOWLEDGED this ! day of Apietz-
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City Mil. C• y +f orth Miami, FL City Manager, k. ity of • ventura, Florida
ATTEST: ATTEST:
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City Clerk, City of orth Miami, FL City Clerk, City of Ave''lorida> J' t i0S\ ot,
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APPROVED AS TO FORM: APPROVED AS TO FORM:
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City /srney,City .f North Miami, FL City Attorney,City of Aventura, Florida
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JOINT DECLARATION
OF THE CHIEF OF THE CITY OF AVENTURA POLICE DEPARTMENT
AND THE CHIEF OF THE CITY OF NORTH MIAMI POLICE DEPARTMENT
PURSUANT TO MUTUAL AID AGREEMENT
A deputy sheriff or 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, entered into by the
City of Aventura,Florida,and the City of North Miami,Florida,it is 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. This 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,backups 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;
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 the respective municipal boundaries;
18. The 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;
19. The agencies agree that any and all incidents, which require an initial (preliminary) police
offense incident report(OR),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;
20. 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, 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 jurisdiction of civil
forfeiture action shall be filed by the seizing agency;
21. 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 this Mutual Aid Agreement.
This Amendment shall become effective upon the signing of both Cities and shall remain in effect until either
the current Mutual Aid Agreement and Joint Declaration expires or either agency gives written notice to the
other agency to rescind this Amendment.
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I accept the terms and conditions of the aforementioned Amendment to the current Mutual Aid Agreement and
Joint Declaration between the City of Aventura Police Department and the City of North Miami Police
Department.
•
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Date
AlIat.1
Date
City Man t-r'' City Manager 1
City of Nort/, '. i, Fl• Ida City of Aventura, Flori• :i
•'- ofPol'•- Chie'of ' • ice
City of North Miami Police Department City of • entura '• ice Department
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RESOLUTION NO. 2017-R-21
A RESOLUTION OF THE MAYOR AND CITY COUNCIL
OF THE CITY OF NORTH MIAMI, FLORIDA,
APPROVING THE EXECUTION OF A MUTUAL AID
AGREEMENT AND JOINT DECLARATION BETWEEN
THE CITY OF NORTH MIAMI AND THE CITY OF
AVENTURA TO PROVIDE ADEQUATE LEVELS OF
POLICE SERVICES; AND PROVIDING FOR AN
EFFECTIVE DATE AND ALL OTHER PURPOSES.
WHEREAS, the entering into of mutual aid agreements between municipalities is
authorized by Chapter 23, Florida Statutes, Florida Mutual Aid Act; and
WHEREAS, the City of North Miami and the City of Aventura are desirous of entering
into a Mutual Aid Agreement and Joint Declaration with each other to provide adequate levels of
police service to ensure the public safety of their residents; and
WHEREAS, the Mayor and City Council believe that the Mutual Aid Agreement with
the City of Aventura and the accompanying Joint Declaration will benefit the residents of the
City of North Miami and should be entered into with the City of Aventura.
NOW THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY
COUNCIL OF THE CITY OF NORTH MIAMI,FLORIDA:
Section 1. Approval of Agreement and Joint Declaration. The City Council
hereby approves the Mutual Aid Agreement and Joint Declaration between the City of North
Miami and the City of Aventura attached as "Exhibit 1."
Section 2. Authority of City Manager and Police Chief. The City Manager is
authorized to execute the Mutual Aid Agreement and the Chief of Police is authorized to execute
the Joint Declaration attached as"Exhibit 1"with the City of Aventura.
Section 3. Effective Date. This Resolution will be effective immediately upon
adoption.
PASSED AND ADOPTED by a S - 0 vote of the Mayor and City Council of the
City of North Miami, Florida, this 14th day of March ,2017.
IWO NO. 17-074 (JLW) -Page 1 of 2-
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DR. UT �j(�:; PH
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ATTEST.
I,'
V7 r
MICHAEL A. ETIE E,ESQ.
CITY CLERK
APPROVED AS TO FORM
AND LEGAL SUFFICIENCY:
1,
JEFF P. ' CAZEAU,
SQ.
CITY ATTORNEY
SPONSORED BY: CITY ADMINISTRATION
Moved by: Galvin
Seconded by: Desulme
Vote:
Mayor Smith Joseph, D.O.,Pharm. D. X (Yes) (No)
Vice Mayor Scott Galvin X (Yes) (No)
Councilwoman Carol Keys,Esq. X (Yes) (No)
Councilman Philippe Bien-Aime X (Yes) (No)
Councilman Alix Desulme X (Yes) (No)
IWO NO. 17-074(JLW) -Page 2 of 2-
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