Resolution No. 2017-33 Mutual Aid Agreement with Town of Bay Harbor Islands for Law Enforcement Actitivies - July 17, 2017 RESOLUTION NO. 2017-33
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 BAY HARBOR ISLANDS 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 Bay Harbor Islands 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 Narotsky, and upon being put
to a vote, the vote was as follows:
Commissioner Denise Landman Yes
Commissioner Dr. Linda Marks Absent
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. 2017-33
PASSED AND ADOPTED this 17th day of July, 2017.
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• ENID WEISMAN, MAYOR
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ATTEST:
ELLISA L. HORV a , MC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
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CITY ATTORNEY
Page 2 of 3-
MUTUAL AID AGREEMENT
Between the City of Aventura Police Department
and the Town of Bay Harbor Islands Police Department
WHEREAS, it is the responsibility of the governments of the City of Aventura,
Florida and the Town of Bay Harbor Islands, 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 of facilities of the participating municipal police departments; 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
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participating Miami-Dade County municipalities; and
WHEREAS, the participating Miami-Dade County municipalities have the
Iauthority 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 Aventura , subdivision of
the State of Florida, and the undersigned representatives, 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:
1. Short title: Mutual Aid Agreement
2. 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
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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 thereafter become part of
this Agreement. The Joint Declaration between the City of Aventura and the Town
of Bay Harbor Islands Police Department is attached hereto as Exihibit "A" and is
hereby incorporated by reference. Said declaration may be amended or
supplemented at any time by the agency heads by filing subsequent declarations,
subject to the approval of the legal counsel of their respective political
subdivisions, and filed with the Clerks of the respective political subdivisions.
b) Agency or participating law enforcement agency: Either the City of
Aventura Police Department or the Town of Bay Harbor Islands Police
Department.
c) Agency head: Either the Chief of the City of Aventura Police Department.
or the Chief's designees; and the Chief of Police of the Town of Bay Harbor
Islands Police Department, or the Chiefs 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 employee: Any law enforcement
employee certified as provided in Chapter 943, Florida Statutes.
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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 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 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, 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 this 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.
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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 extraterritorially under
the provisions of the Mutual Aid Agreement. The provisions of this Agreement
shall apply with equal effect to paid and auxiliary employees.
e) Nothing herein shall prevent the requesting agency from requesting
supplemental appropriations from the governing body having budgetary jurisdiction
to reimburse the assisting agency for any actual costs of expenses incurred by the
assisting agency performing hereunder.
f) The resources of facilities that are assigned shall be under the immediate
command of a supervising officer designated by the assisting party. Such
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supervising officer shall be under the direct supervision and command of the
agency head or his designee of the agency requesting assistance.
g) In accordance with Section 23.127(1), Florida Statutes, whenever the
employees of the responding agencies are rendering aid outside their jurisdiction
pursuant to this agreement, such employees shall have the same powers, duties,
rights, privileges, and immunities as if they were performing their duties in the
municipality in which they are normally employed or appointed.
h) Each municipality will bear the liability arising from the acts undertaken by its
personnel pursuant to this agreement. All of the privileges and immunity from
liability, exemptions from laws, 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 function within the territorial limits of their
respective public agencies shall apply to them in the same degree, manner, and
extent while engaged in the performance of any of their functions and duties extra-
territorially under the provisions of this Mutual Aid Agreement. This section shall
apply with equal effect to paid, volunteer, and auxiliary employees.
i) Should either of the participating municipal police departments receive
reimbursement for expenditures from a third party for a mutual aid event covered
by this Agreement, the other participating municipal police department shall be
eligible to receive an equitable reimbursement share for any actual costs or
expenses incurred that are directly attributable to the event, provided such costs
and expenses are authorized by the third party for reimbursement purposes.
6. Indemnification: The Town of Bay Harbor Islands shall hold harmless, defend
and indemnify Aventura in any suit, action or claim for damages resulting from
any and all the acts or conduct of The Town of Bay Harbor Islands employees,
representatives, or agents performing under the terms of this Agreement. The City
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of Aventura shall hold harmless, defend and indemnify The Town of Bay Harbor
Islands in any suit, action or claim for damages resulting from any and all acts
or conduct of Aventura's employees, representatives, or agents performing under
the terms of this Agreement, subject to Chapter 768, Florida State Statutes.
Nothing contained in this Agreement shall be construed or interpreted to be a
waiver of sovereign immunity by either party. This provision shall not impair or
preclude reimbursement of cost by the requesting law enforcement agency.
7. Forfeitures: It is recognized that during the course of the operation of
this 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 a n d participation performed by
each agency. The municipality in which any property is seized pursuant to the
Florida Contraband Forfeiture Act shall have priority to initiate forfeiture
proceedings under the Florida Contraband Forfeiture Act for any matters which
arise from a mutual aid event that is covered by this Agreement, but may allow the
other municipality to prosecute the forfeiture with the written authorization of the
legal counsel for each municipality. Upon a successful forfeiture prosecution, the
forfeiting agency shall share the proceeds with the assisting agency in an amount
commensurate with that agency's level of participation. This shall occur pursuant
to the provisions of the Florida Contraband Forfeiture Act.
8. 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. Whenever an officer is rendering assistance pursuant to this Mutual
Aid 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 standard operating procedure is contradicted,
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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.
9. Complaints: Whenever there is cause to believe that a complaint has arisen as a
result of a mutual aid event as it may pertain to this Agreement, the Chief of Police
or his/her designee of the requesting agency shall be responsible for the
documentation of said complaint to ascertain at a minimum:
a. The identity of the complainant.
b. An address where the complaining party can be contacted.
c. The specific allegation
d. The identity of the employees accused without regard as to agency affiliation.
If it is determined that the accused is an employee of the assisting agency, the
s 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.
10. Effective Date and Duration: This Agreement shall be in effect from date of
signing, through and including July 01, 2022. Under no circumstances may this
Agreement be renewed, amended or extended except in writing.
11. Cancellation: This Agreement may be canceled by either party upon
sixty-(60) day's written notice to the other party. Cancellation will be at
the discretion of the chief executive officers of the parties hereto.
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AGREED A ACKNOWLEDGED this 1 `7 day of TU. y 2017
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City Manager, City Manager,
City of Aventur. Florida.-- --,---..„ Town of Bay Harbor Islands, Florida
ATTEST: ( T ATTEST:
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AVVrrri .‘!/,.J, - i e - • ,__
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City Clerk, —;, _ ,` it Clerk,
City of Aventura, Florida To n of Bay Harbor Islands, Florida
APPROVED AS TO FORM AND LEGAL SUFFICENCY:
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City Attorney, A""-Gfty-Attorney,
City of Aventura, Florida Town of Bay Harbor Islands, Florida
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JOINT DECLARATION BETWEEN THE CITY OF AVENTURA AND
THE TOWN OF BAY HARBOR ISLANDS 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 dispatch 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 heretofore
entered into by the City of Aventura, Florida and the Town of Bay Harbor Islands,
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 trails. political conventions. labor disputes. and strikes.
3. Any natural disaster.
4. Incidents which require rescue operations and crowd control measures
including. but not limited to, large-scale evacuations, aircraft and shipping
disaster. fires, explosions, gas line leaks. radiological incidents, train wrecks
and derailments, chemical or hazardous waste spills, and electronical power
failures.
5. Terrorist activities including. but not limited to, act 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 functional
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.
The following procedures will apply in mutual aid operations:
1. Mutual aid requested or rendered will be approved by the Chief of Police or
designee.
2. Specific reporting instructions for personnel rendering mutual aid should be
included in the request for mutual aid. In the absence of such instructions,
personnel will report to ranking on-duty supervisor on the scene.
3. Communications instructions will be included in each request for mutual aid.
4. Incidents requiring mass processing of arrestees, transporting prisoners, and
operating temporary detention facilities will be handled per established
procedures.
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AGREED TO AND ACKNOWLEDGED this /-7 day of 52,1K1 , 2017
Eric M. Sorok. Ronald Wasson
City Mang: Town Manager
City of Aventura Town of Bay Harbor Islands
Date: 0'/' e:
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:ry. 'egu Sean Heming ay
Chi: of P e Chief of Police
City of Av `ntura Town of BW'Harbor Islands
Date: &0-2/7 Date: `7 )2.c
ATTEST: ATTEST:
4. ..._ .
City Clerk : Clerk
City of Aventura To r'of Bay Harbor Islands
Date: —j / 1 ) -7 Date: � 3//7
Approved as to form Approved as to form
and legal sufficiency: and legal sufficiency:
Arr
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City Attorney Town'Attorney
City of Aventura Town of Bay Harbor Islands
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Date: 11 I� I -7 Date: z/7 _� -. 2