Resolution No. 2018-56 Mutual Aid Agreement with City of Fort Lauderdale for Law Enforcement Activities - July 10, 2018 RESOLUTION NO. 2018-56
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 FORT LAUDERDALE 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 Fort Lauderdale 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 Weinberg, 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 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. 2018-56
PASSED AND ADOPTED this 10th day of July, 2018.
ENID WEISMAN, MAYOR
ATTEST:
ELLISA L. HORVATH,
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
I
CITY ATTORNEY
Page 2 of 2
• MUTUAL AID AGREEMENT
(AVENTURA-FORT LAUDERDALE)
WITNESSETH
WHEREAS, it is the responsibility of the governments of the City of Aventura,
Florida, and the City of Fort Lauderdale, 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 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 Fort Lauderdale 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(3), 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 City of Fort Lauderdale, 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 City
of Fort Lauderdale (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 Fort
Lauderdale 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 provisions of Section 768.28, Florida
Statutes, where applicable, and provided such party shall have control of the
defense of any suit or claim to which said duty to indemnify applies.
SECTION VII: EFFECTIVE DATE
Upon execution and approval by the hereinafter-named officials this
Agreement shall take effect retroactively from and after May 1, 2018, and shall
continue in full force and effect, until the expiration of a period of five (5) years
from May 1, 2018 , unless terminated prior thereto by any or all of the Parties
herein.
SECTION VII: 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 the date specified.
/A 111111 21
Lee R. Feldman befell CA V✓
City Manager in EGYI yYl Ci-t8 YaaC 1t
City of Fort Lauderdale City of Aventura
Date: 47\\(‘ Date: 13 —1l iQ i8
Rick Maglione B -
Chief
Chief of Police Chi of Police
City of Fort Lauderdale, Florida City of Aventura, Florida
Date: 5/✓ fie Date: -11/V/95
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C? iiiii lEi f.
Approved As to Form * ,=.- '` ' EST:
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Alain E. Boileau • -00.0
Interim City Attorney 6-?, °F "<,'
Ellisa Horvath
By. City Clerk
Bradley Weissman City of Aventura
Asst. City Attorney
Approve As to F
cn:
David M. Wolpin
City Attorney