Resolution No. 2017-34 Mutual Aid Agreement with City of North Miami Beach for Law Enforcement Activities - July 17, 2017 RESOLUTION NO. 2017-34
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 BEACH 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 Beach 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. 2017-34
PASSED AND ADOPTED this 17th day of July, 2017.
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ENID El AN, MAYOR
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ATTEST:
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ELLISA L. HORV A illar C
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
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CITY ATTORNEY
Page 2 of 2
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VOLUNTARY COOPERATION AND OPERATIONAL ASSISTANCE
MUTUAL AID AGREEMENT
BETWEEN THE CITY OF NORTH MIAMI BEACH, FLORIDA AND
THE CITY OF AVENTURA, FLORIDA
This Voluntary Cooperation and Operational Assistance Mutual Aid
Agreeme t ("Cooperation Agreement") is made as of this I �1 day of
J1J , 2017 (Effective Date), by and between the City of North
Miami Beach Florida, a municipal corporation having its principal office at 17011
NE 19th Avenue, 4th Floor, North Miami Beach, Florida 33162, and the City of
Aventura , Florida having its principal office at 19200 West Country Club Drive,
Aventura, Florida, state as follows:
RECITALS
WHEREAS, it is the responsibility of the governments of the City of
Aventura, Florida, and the City of North Miami Beach, Florida, to ensure the public
safety of their respective 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, or facilities of the City of Aventura Police Department or the City of
North Miami Beach Police Department; 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
City of Aventura, Florida, and the City of North Miami Beach, Florida; and
WHEREAS, it is to the advantage of each law enforcement agency to
receive and extend mutual aid in the form of law enforcement services and resources
to adequately respond to:
(1) Continuing, multi jurisdiction law enforcement problems, so as to protect
the public peace and safety, and preserve the lives and property of the
people; and
(2) Intensive situations including but not limited to emergencies as defined
under Section 252.34 of the Florida Statutes, or requests for certain law
enforcement services specified herein and as defined under Section
23.1225 of the Florida Statutes; and
WHEREAS, the City of Aventura and the City of North Miami Beach have the
voluntary cooperation and assistance authority under the Florida Mutual Aid Act,
Sections 23.12-23.127 of the Florida Statutes, to enter into this Voluntary
Cooperation and Operational Assistance Mutual Aid Agreement ("Cooperation
Agreement") for law enforcement service which:
(1) Permits voluntary cooperation and operational assistance of a routine law
enforcement nature across jurisdictional lines as allowed under Section
23.1225, of the Florida Statutes; and
(2) Provides for rendering of assistance in a law enforcement emergency as
defined in Section 252.34 of the Florida Statutes.
NOW THEREFORE, BE IT KNOWN that the City of Aventura, Florida, and the
City of North Miami Beach, 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. PROVISIONS FOR VOLUNTARY COOPERATION
Each of the aforesaid law enforcement agencies hereby approve and enter
into this Cooperation Agreement whereby each of the agencies may request and render
law enforcement assistance to the other in dealing with any violations of Florida
Statutes to include, but not necessarily be limited to, investigating sex offenses,
robberies, assaults, batteries, burglaries, larcenies, gambling, motor vehicle thefts, drug
violations pursuant to Chapter 893 of the Florida Statutes, backup services during
patrol activities, and interagency task forces and/or joint investigation as set forth
pursuant to, and under the authority of Chapter 23 of the Florida Statutes.
SECTION II. PROVISIONS FOR OPERATIONAL ASSISTANCE
The aforesaid law enforcement agencies hereby approve and enter into this
Cooperation 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 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.
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,
aircraft, canine, motorcycle, 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.
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 will be included
in the request for mutual aid. In the absence of such instructions, personnel will
report to the ranking on-duty supervisor on the scene.
3. Communications instructions will 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.
4. Incidents requiring mass processing of arrestees, transporting prisoners, and
operating temporary detention facilities will be handled per established procedures
of the requesting agency, or directors involved.
SECTION III. PROCEDURE FOR REQUESTING ASSISTANCE AND LIMITATIONS
OF ASSISTANCE
In the event that a party to this Cooperation Agreement is in need of assistance
as set forth above, the Chief of Police or his/her designee, shall notify the Chief of
Police or his/her designee from whom such assistance is requested. The Chief of
Police 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 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.
Should a law enforcement officer be in another subscribed agency's jurisdiction for
matters of a routine nature, such as traveling through the area on routine business,
attending a meeting or going to or from work, and a violation of Florida Statutes occurs
in the presence of said party, representing his/her respective agency, HE/SHE SHALL
ONLY BE EMPOWERED TO RENDER ENFORCEMENT ASSISTANCE AND ACT
IN ACCORDANCE WITH FLORIDA LAW. Should enforcement assistance be taken,
said party shall notify the agency having normal jurisdiction, and upon the latter's
arrival, 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. This
provision, so prescribed in this paragraph, shall not 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 and such encounter results in a breach of the peace.
The parties acknowledge that the policy of the Florida Mutual Aid Act is to provide a
means to deal with disasters, emergencies, and other major law enforcement
problems. This Cooperation Agreement shall not extend police powers beyond the
specific additional authority granted by the Legislature in Chapter 23 of the Florida
Statutes, which intent was to assure the continued functioning of law enforcement in
times of emergencies or in areas where major law enforcement efforts were being
thwarted by jurisdictional barriers, and the respective parties, police officers and
authority are limited to those instances where the subject matter of the investigation
originates inside the municipal city limits.
SECTION IV. COMMAND AND SUPERVISORY RESPONSIBILITY
The personnel and equipment that are assigned by the assisting Agency shall be
under the immediate command of a supervising officer designated by the assisting
Agency. 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.
SECTION V. CONFLICTS
Whenever an officer is rendering assistance pursuant to this Cooperation
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, 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.
SECTION VI. 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 Cooperation 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:
1. The identity of the complainant.
2. An address where the complaining party can be contacted.
3. The specific allegation.
4. 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
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 VII. LIABILITY
Each party engaging in any mutual cooperation and assistance, pursuant to
this Cooperation Agreement, agrees to assume full and final responsibility for the acts,
omissions or conduct of such party's own employees while engaged in rendering
such aid pursuant to this Cooperation Agreement, subject to the provisions of Section
768.28 of the Florida Statutes, where applicable.
SECTION VIII. POWERS, PRIVILEGES, IMMUNITIES AND
EXPENDITURES
(a) Employees of the City of Aventura and the City of North Miami Beach, 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 23.127(1) of the Florida Statutes (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 Cooperation
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) A party that furnishes equipment pursuant to this Cooperation 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.
(d) The agency furnishing aid pursuant to this Cooperation Agreement shall
compensate its appointees/employees during the time such aid is rendered
and shall defray the actual travel and maintenance expenses of its 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.
(e) To the extent provided by applicable law, ordinance, or rule, 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 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 Cooperation Agreement. The provisions of this section
shall apply 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.
(g) Should the City of Aventura receive reimbursement for expenditures from a
third party for a mutual aid event covered by this Cooperation Agreement, the
City of North Miami Beach 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.
(h) Should the City of North Miami Beach receive reimbursement for
expenditures from a third party for a mutual aid event covered by this
Cooperation Agreement, the City of Aventura 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.
(i) The municipality/agency in which any property is seized pursuant to the
Florida Contraband Forfeiture Act shall have exclusive authority 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
Cooperation Agreement. However, the municipality/agency with the right to
proceed with the forfeiture may allow the other municipality/agency to
prosecute the forfeiture with the written authorization of the Chief of Police
and the legal counsel for each municipality/agency. The
municipality/agency pursuing the forfeiture action shall have the exclusive
right to control and the responsibility to maintain the property, including, but
not limited to, the complete discretion to bring the action, or to dismiss the
action, or settlement the forfeiture. The property shall be seized and forfeited
in accordance with this agreement, and the proceeds, if any, shall be
equitably distributed among the participating municipalities/agencies in
proportion to the amount of investigation and participation performed by
each municipality/agency, less the costs associated with the forfeiture
action. Any participating municipality/agency must request sharing, in writing
before the entry of the Final Order of Forfeiture, or they will be barred from
claiming any portion of the property forfeited.
SECTION IX. INSURANCE
Each party shall provide satisfactory proof of liability insurance by one or more of
the means specified in Section 768.28(16)(a) of the Florida Statutes (2010), in an
amount which is, in the judgment of the governing body of that party, 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 notice or actual knowledge of such change.
SECTION X. EFFECTIVE DATE
This Agreement shall take effect upon execution and approval by both parties
and shall continue in full force and effect until July 31, 2020. Under no
circumstances may this agreement be renewed, amended, or extended except in
writing.
SECTION XI. CANCELLATION
Either party may cancel its participation in this Agreement at any time upon
delivery of written notice to the other party.
In witness whereof, the parties hereto cause to these presents to be signed on
the date specified.
AGREED TO AND ACKNOWLEDGED this 1 1 day of TV i , 2017.
CITY OF NORTH )IAMI BEACH CITY OF AVENTUR
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WILLIAM ''''NANDE BRYAN; GUE7
CHIEF I POLICE CHIE /IF POi CE
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AN ARCIA, ICMA-CM ERIC . SOR•KA, If A-CM
CITY MANAGER CITY MANAGE
Date: IJE • ( I Date: 7 17 a"1
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PAMELA LA ( I ELLISA L. HORVA 0'
CITY CLEK CITY CLERK
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SIGNED AS TO FOR LANGUAGE, SIGNED AS TO FO•M, LANGUAGE
025 ITY AND EX UTION T EREOF LEGALITY A/ - ECUTION THEREOF
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SJC H, ES/4. DAVID WOL'IN, ESQ.
f rCITY A ORNE CITY ATTORNEY
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