Resolution No. 2018-52 Mutual Aid Agreement with North Bay Village for Law Enforcement Activities - June 12, 2018 RESOLUTION NO. 2018-52
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 NORTH BAY VILLAGE 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 North Bay Village 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 Dr. Marks who moved
its adoption. The motion was seconded by Vice Mayor Mezrahi, and upon being put to a
vote, the vote was as follows:
Commissioner Denise Landman Yes
Commissioner Dr. Linda Marks Yes
Commissioner Marc Narotsky Yes
Commissioner Robert Shelley Yes
Commissioner Howard Weinberg Yes
Vice Mayor Gladys Mezrahi Yes
Mayor Enid Weisman Yes
City of Aventura Resolution No. 2018-52
PASSED AND ADOPTED this 12th day of June, 2018.
,e,e_eceze)
ENID WEISMAN, MAYOR
Avif
eery
ATTEST:
ELLISA L. HORVOIMMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
API(//71--1-
CITY
//71-- _CITY ATTORNEY
Page 2 of 2
LAW ENFORCEMENT MUTUAL AID AGREEMENT
FOR
VOLUNTARY COOPERATION AND OPERATIONAL ASSISTANCE
WHEREAS, it is the responsibility of the governments of North Bay Village,
Florida, and the subscribing law enforcement agencies 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, there is an 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 North Bay Village Police Department or the subscribing law enforcement agencies;
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
North Bay Village and the participating Miami-Dade County municipalities; and
WHEREAS, North Bay Village and the subscribing law enforcement agencies
have the authority under Section 23.12, Florida Statutes, et seq., the Florida Mutual Aid
Act, to enter into a Mutual Aid Agreement;
NOW, THEREFORE, BE IT KNOWN that North Bay Village, a political 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.
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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 Chapter 23, Florida Statutes.
3. Definitions:
a. Chief Executive Official: Either the Mayor of North Bay Village, or the chief
executive official of the participating political subdivision, who has the
authority to contractually bind the agency and has executed this
Agreement, upon the approval of the governing body of each governmental
entity. Subsequent to the execution by the executive officials, this
Agreement shall be filed with the Clerk of the Court for Miami-Dade County,
and the clerks of the respective political subdivisions. The Agreement may
be amended at any time by filing subsequent Amendment(s), which will be
subject to the same approval process, and shall thereafter become a part
of this Agreement.
b. Agency Head: Either the Director of the North Bay Village Police
Department, or the Director's designees; and the Chief of Police of the
participating law enforcement agencies, or the Chiefs designees.
c. Participating Law Enforcement Agency: The police department of any
municipality in Miami-Dade County, Florida, that has approved and
executed this Agreement.
d. Certified Law Enforcement Employee: Any law enforcement employee
certified as provided in Chapter 943, Florida Statutes.
SECTION I. TERMS AND PROCEDURES
1. Operations:
a. In the event that a party to this Agreement is in need of assistance as
specified herein, 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 the 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.
2. 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.
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 bss 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 the 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.
d. All exemption 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 extra
territorially under the provisions of this Mutual Aid Agreement. The provisions
of this Agreement shall apply with equal effect to paid and auxiliary employees.
3. 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 its political subdivision in any suit, action, or claim for damages resulting
from any and all acts or conduct of employees of said providing agency while
providing aid pursuant to this Agreement, subject to Chapter 768, Florida
Statutes, where applicable.
4. 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 and participation performed by each
agency, less the costs associated with the forfeiture action. Any participating
agencies must request sharing, in writing, before the entry of a Final Order of
Forfeiture, or they will be barred from claiming any portion of the property
forfeited. The 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. This shall occur pursuant to the provisions of the Florida Contraband
Forfeiture Act.
5. 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.
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SECTION II. COMMAND AND SUPERVISORY RESPONSIBILITY
1. Command: The personnel and equipment that are assigned by the assisting entity
shall be under the immediate command and direct supervision of a supervising
officer designated by the assisting Director or Chief of Police, or his/her designee.
2. Conflicts: Whenever an officer is rendering assistance pursuant to this agreement,
the officer shall abide by and be subject to the rules and regulations, personnel policies,
general orders, and standard operating procedures of his or her own empbyer. 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 of the assisting agency shall control, and shall supersede the direct order.
3. 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 agreement, the Director or Chief of
Police, or his/her designee of the agency employing the officer who is the subject of the
complaint shall be responsible for the investigation of the complaint. The Director or
Chief of Police or designee of the requesting agency should ascertain at a minimum:
a. The identity of the complainant;
b. An address where the complaining party can be contacted;
c. The specific allegation; and
d. The identity of the employees accused without regard as to agency affiliation.
If it is determined during the investigation of a complaint 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
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the complaint exists and/or whether any of the employees of the requesting agency
violated any of their agency's policies or procedures.
SECTION III. PROVISIONS FOR VOLUNTARY AND OPERATIONAL ASSISTANCE
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
heretofore entered into by the participating municipalities and North Bay Village,
Florida, it is hereby declared that the following list comprises the nature of
assistance, and the circumstances and conditions under which mutual aid may be
requested and rendered regarding police operations pursuant to the agreement. The
list includes, but is not necessarily limited to, dealing with the following:
Voluntary:
1. Joint multi-jurisdictional criminal investigations.
2. Major events; e.g., sporting events, concerts, parades, fairs, festivals and
conventions.
3. Joint training in areas of mutual need.
4. Off-duty special events.
5. Joint multi-jurisdictional marine interdiction operations.
6. Security and escort duties for dignitaries.
Operational:
7. Hostage and barricaded subject situations, and aircraft piracy.
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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. Civil affray or disobedience, disturbances, riots, large protest demonstrations,
controversial trials, political conventions, labor disputes, and strikes.
12. Any natural, technological or manmade disaster.
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, bicycle, mounted, Special Response Teams,
bomb, crime scene, marine patrol, and police information.
15. 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.
16. Terrorist activities including, but not limited to, acts of sabotage.
17. Escapes from or disturbances within detention facilities.
SECTION IV. PROCEDURES FOR REQUESTING MUTUAL AID
The following procedures will apply in mutual aid operations:
1. Mutual aid requested or rendered will be approved by the Director/Chief of
Police or designee.
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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 the ranking on-duty supervisor on the scene.
3. Communications instructions will be included in each request for mutual aid
and the North Bay Village Police Department Communications Bureau will
maintain radio contact with the involved agencies 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.
SECTION V. CONCURRENT JURISDICTION
It is to the mutual benefit of the participating municipal agencies and the North
Bay Village Police Department, through voluntary cooperation, to exercise concurrent
jurisdiction over the areas described in subparagraphs a. and b. below, in that officers,
while in another jurisdiction, are often present at events where immediate action is
necessary, or are able to expeditiously conclude an investigation by identifying and
arresting an offender.
a. Concurrent law enforcement jurisdiction in and throughout the territorial limits
of the participating municipalities and North Bay Village, Fbrida, for arrests,
made pursuant to the laws of arrest, for felonies and misdemeanors,
including arrestable traffic offenses, which spontaneously take place in the
presence of the arresting officer, at such times as the arresting officer is
traveling from place to place on official business outside of his or her jurisdiction,
for example, to or from court, or at any time when the officer is within the
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territorial limits of his or her jurisdiction, and provided that, in the context of this
Mutual Aid Agreement, "official business outside of his or her jurisdiction" shall
not include routine patrol activities. This mutual aid agreement excludes those
areas within the territorial limits of the municipalities not participating in the Mutual
Aid Agreement, and areas in which the North Bay Village Police Department
does not have law enforcement jurisdiction.
b. Concurrent law enforcement jurisdiction in and throughout the territorial limits of
participating municipalities and North Bay Village, Florida, for arrests, made
pursuant to the laws of arrest, of persons identified as a result of
investigations of any offense constituting a felony or any act of Domestic
Violence as defined in Section 741.28, Florida Statutes, when such offense
occurred in the municipality employing the arresting officer, should the arresting
officer be a municipal law enforcement officer. However, absent a search
warrant, concurrent jurisdiction under this subparagraph does not include
authority to make nonconsensual or forcible entries into private dwellings,
residences, living spaces or business spaces which are not open to the
public, i.e., authority derived pursuant to this subparagraph may be exercised
only when in places open to the public or private places into which the
arresting officer has entered with the consent of an occupant entitled to give
consent. When operating under mutual aid, municipal law enforcement
officers may execute search warrants for offenses which occurred in the
municipality. Municipal officers may execute the search warrant, impound all
property. make arrests, and file the Return and Inventory. This concurrent
jurisdiction excludes those areas within territorial municipalities not participating in
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the Mutual Aid Agreement, and areas in which the North Bay Village Police
Department does not have law enforcement jurisdiction.
Prior to any officer taking enforcement action pursuant to either paragraph (a) or
(b) above, the officer shall notify the designated officer of the jurisdiction in
which the action shall will be taken, unless exigent circumstances prevent such
prior notification, in which case notification shall be made as soon after the action
as practicable. Furthermore, all arrests made pursuant to subparagraph (a)
above shall be processed and coded pursuant to directions of the Clerk of the
Court, in such manner as to ensure that any revenues or surcharges generated
as a result of said arrests shall be directed to the jurisdiction in which the arrest
was made.
1. General Requirements:
a. Officers shall not utilize unmarked vehicles to make traffic stops or to
engage in vehicle pursuits.
b. Concurrent law enforcement jurisdiction pursuant to this Mutual Aid
Agreement does include preplanned operations, undercover investigations,
stings, or sweeps.
c. Officers shall not conduct routine patrol activities outside of their jurisdiction.
d. Reports of any action taken pursuant to this Mutual Aid Agreement shall
be faxed to the agency head of the agency, within whose jurisdiction the
action was taken. as soon as possible after the action has taken place.
e. Any conflicts regarding jurisdiction will be resolved by allowing the agency
within whose jurisdiction the action took place to take custody of any
arrestees and/or crime scenes.
Il
f. All concurrent jurisdiction stationary surveillance activities shall require
notification of the agency within whose jurisdiction the surveillance takes
place. The notification shall include the general location of the surveillance
and a description of the vehicles involved. Mobile surveillance shall not
require notification unless concurrent jurisdiction enforcement activities take
place.
SECTION VI. EFFECTIVE DATE
This Agreement shall be in effect from date of signing, through and including,
April 1, 2021. Under no circumstances may this Agreement be renewed, amended, or
extended except in writing.
SECTION VII. CANCELLATION
This Agreement may be cancelled 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 hereto.
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AGREED TO AND ACKNOWLEDGED this I day of '[-G , 2018.
arlen D. Martell Lewis Velken
Village Manager Chief of Police
North Bay Village, Florida North Bay Village Police Department
ST:
r..
c ■ . ^J'
vonne P' Hamiltd
Village Clerk
North Bay Village, Florida
APPROVED AS TO FORM AND LEGAL
SUFFICIENCY
Norman C. Powell
Village Attorney
North Bay Village, ' lorida
LAW ENFORCEMENT MUTUAL AID AGREEMENT FOR
VOLUNTARY COOPERATION AND OPERATIONAL ASSISTANCE
INDIVIDUAL GOVERNMENTAL ENTITY SIGNATURE SHEET
CITY OF: Aventura, Florida.
BY:
AILF
Su-an L. Grant, City Manager/ Bryan Peg s, Chi f of Police
lip • :#
ATTEST: ,�"�..__ .__,. APPROVED AS TO FORM AND LEGAL
) SUFFICIENCY:
(44.;
Yj
Ellisa L. Horvat , : ! ' ` David M. Wolpin, City Attorney
STATE OF FLORIDA
) SS.:
COUNTY OF MIAMI-DADE )
BEFORE ME, an officer duly authorized by law to administer oaths and take
acknowledgements, did personally appear: ) 6 U-rl 6-171(2-1A_--
(Insert Name and Title of Chief Executive)
of the City of / l)ei.` J(4 , Florida, a municipal corporation of Florida,
and acknowledged that he or she executed the foregoing Agreement as chief executive
officer of the City of RA)e.f\-E-(J1O , Florida, and the same is the act and
deed of the City of A_[3-eivit Irk , Florida.
IN WITNESS OF THE FOREGOING, I have set my hand and official seal at the City of
U,e114-u 1C , in the State of Florida and the County of Miami Dade on
the /4 c\ day of �v Y�� , 2018. Virebrilbrillirdlindamd_ _ _
4 ,ot ivA' .,, ANATHEALLET
4 ;r,� n; NotaryPublic-StateofFlorida
•: LSa Commission#GG 092172
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My Comm.Expires Apr 9,2021
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Borded through National Notary Assr.
1