Resolution No. 2019-08 Mutual Aid Agreement with City of Coral Gables for Law Enforcement Activities - February 7, 2019
RESOLUTION NO. 2019-08
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 CORAL GABLES 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 Coral Gables 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 Weinberg, and upon being put
to a vote, the vote was as follows:
Commissioner Denise Landman Yes
Commissioner Gladys Mezrahi Yes
Commissioner Marc Narotsky Yes
Commissioner Robert Shelley Yes
Commissioner Howard Weinberg Yes
Vice Mayor Dr. Linda Marks Yes
Mayor Enid Weisman Yes
City of Aventura Resolution No. 2019-08
PASSED AND ADOPTED on this 7th day of February, 2019.
((//)(7(
MAYOR ENID WEISMAN
FLo ,z
ATTEST:
ELLISA L. HORVATH, OF CITY CLERK
Approved as to Form and Legal Sufficiency:
174
CITY ATTORNEY
Page 2 of 2
COMBINED VOLUNTARY COOPERATION AND
OPERATIONAL ASSISTANCE
MUTUAL AID AGREEMENT
BETWEEN
THE CITY OF AVENTURA, FLORIDA AND
THE CITY OF CORAL GABLES, FLORIDA
WHEREAS, it is the responsibility of the governments of the City of Aventura, Florida,
and the City of Coral Gables, 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, under Florida Statutes Section 23.121(1) 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 City of Aventura Police Department or the City of Coral Gables Police
Department; and
WHEREAS, it is in the best interest and advantage of the City of Aventura and the City
of Coral Gables to receive and extend mutual aid to each other 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, Florida Statutes; and
(3) Joint provision of certain law enforcement services specified herein and allowed
pursuant to Section 166.0495, Florida Statutes; and
WHEREAS, the City of Aventura and the City of Coral Gables have the authority under
Section 23.12, Florida Statutes, et seq., the Florida Mutual Aid Act, to enter into a combined
mutual aid agreement for law enforcement services which:
(1) Permits voluntary cooperation and assistance of a routine law enforcement nature
across jurisdictional lines; and
(2) Permits the provision of operational assistance to meet a request for assistance due
to a civil disturbance or other emergency as defined in Section 252.34, Florida
Statutes; and
NOW,THEREFORE,BE IT KNOWN,that the City of Aventura,a political subdivision
of the State of Florida, and the City of Coral Gables, 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 1: PROVISIONS FOR VOLUNTARY COOPERATION
Each of the aforesaid law enforcement agencies hereby approve and enter into this
agreement whereby each of the agencies may provide voluntary cooperation and assistance of a
routine law enforcement nature across jurisdictional lines. The nature of the law enforcement
assistance to be rendered shall include but not be limited to:
a. Concurrent law enforcement jurisdiction in and throughout the territorial limits of
the City of Aventura and the City of Coral Gables for felony and misdemeanor
arrests, made pursuant to the laws of arrest, 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 territorial limits of his or her jurisdiction.
b. Concurrent law enforcement jurisdiction in and throughout the territorial limits of
the City of Aventura and the City of Coral Gables 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.
c. Concurrent law enforcement jurisdiction in and upon the jurisdictional waters of
the City of Aventura and the City of Coral Gables for arrests, made pursuant to the
law of arrest, for felonies, misdemeanors, and boating infractions.
d. Participating in exigent situations,without the need for a formal request, including,
but not limited to,area searches for wanted subjects,perimeters,crimes in progress,
escaped prisoners, traffic stops near municipal boundaries, requests for assistance
when no available local units are nearby, 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.
e. Concurrent law enforcement jurisdiction in and throughout the territorial limits of
the City of Aventura and the City of Coral Gables for any investigation of a felony,
including, but not limited to: homicides, sex offenses,robberies, assaults,batteries,
burglaries, larcenies, gambling, motor vehicle thefts, financial crimes, drug
violations pursuant to Chapter 893, Florida Statutes, and inter-agency task forces
and/or joint investigations.
f. Joint enforcement of all state laws and county ordinances, city ordinances of the
City of Coral Gables and the City of Aventura and the exercise of arrest powers
when a crime of violence or felony of any nature occurs in the presence of any
sworn law enforcement officer, within the jurisdictional boundaries of either party.
Prior to any officer taking enforcement action pursuant to paragraphs(a)through(f)above,
the officer shall notify the jurisdiction in which the action will be taken, unless exigent
circumstances prevent such prior notification, in which case notification shall be made as soon
after the action as practicable. If the agency having normal jurisdiction responds to the scene, the
assisting agency's officer may 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.
These provisions are not intended to 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 exigent, critical, life-threatening,
or public safety situations, prevent bodily injury to citizens, or secure apprehension of criminals
whom the law enforcement officer may encounter.
SECTION II: PROVISIONS FOR OPERATIONAL ASSISTANCE
The aforesaid law enforcement agencies hereby approve and enter into this 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, technological, or manmade 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. Any act of terrorism as defined in Section 775.30, Florida Statutes;
6. Escapes from, or disturbances within, prisoner processing facilities;
7. Hostage, active shooter 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, including but not limited to, sporting events, concerts, parades, fairs,
festivals, conventions and any National Special Security Event (NSSE) as designated by
the United States Department of Homeland Security;
12. Security and escort duties for dignitaries;
13. Incidents requiring utilization of specialized units,including but not limited to,underwater,
recovery, marine patrol, aircraft, canine, motorcycle, bicycle, mounted, SWAT, 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;
17. Off-duty special events; and
18. DUI Checkpoints.
SECTION Ill: PROCEDURE FOR REQUESTING OEPARTIONAL ASSISTANCE
1. Mutual aid requested or rendered shall be approved by the Chief of Police, or
designee. The Chief of Police, or designee, of the agency 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.
2. The Chief of Police, or designee, 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.
3. Specific reporting instructions for personnel rendering mutual aid will be included
in the request for mutual aid. In the absence of such reporting instructions, personnel will report
to the ranking on-duty supervisor on the scene.
4. 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.
5. Incidents requiring mass processing of arrestees, transporting prisoners,
and operating temporary detention facilities will be handled per established procedures
of the requesting agency or Chief of Police involved.
SECTION IV: COMMAND AND SUPERVISORY RESPONSIBILITY
a. COMMAND:
The personnel and equipment that are assigned by the assisting Chief of Police shall be
under the immediate command of a supervising officer designated by the assisting Chief of Police.
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.
b. 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/her own employer. If any such rule, regulation, personnel
policy, general order or standing 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.
c. HANDLING COMPLAINTS:
Whenever there is cause to believe that a complaint has arisen as a result of cooperative
effort as it may pertain to this agreement, the 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 Chief of Police or designee of the requesting agency should ascertain at a
minimum:
1. The identity of the complainant;
2. An address where the complaining party can be contacted;
3. The specific allegation; and
4. 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 the complaint exists and/or whether any of the employees of the requesting
agency violated any of their agency's policies or procedures.
SECTION V: LIABILITY
Each party engaging in any mutual cooperation and assistance,pursuant to this agreement,
agrees to assume responsibility for the acts, omissions or conduct of such party's own employees
while engaged in rendering such aid pursuant to this agreement,subject to the provisions of Section
768.28, Florida Statutes, where applicable.
SECTION VI: POWERS, PRIVILEGES, IMMUNITIES AND COSTS
a. Employees of the City of Aventura and the City of Coral Gables, 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),
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 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. The political subdivision that furnishes equipment pursuant to this 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 political subdivision furnishing aid pursuant to this agreement shall compensate its
employees during the time of the rendering of aid and shall defray (provide for the payment of)
the actual travel and maintenance expenses of its employees while they are rendering aid,including
any amounts paid or due for compensation for personal injury or death while its employees are
rendering aid.
e. The privileges and immunities from liability, exemption from laws, ordinances and rules,
and pension, insurance, relief, disability, workers' 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 provision of this mutual aid agreement. This section applies to paid, volunteer, reserve,
part time and auxiliary 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.
SECTION VII: FORFEITURES
a. In the event an agency seizes any real property, vessel, motor vehicle, aircraft,
currency or other property pursuant to the Florida Contraband Forfeiture Act during the
performance of this agreement, the agency requesting assistance in the case of requested
operational assistance and the seizing agency in the case of voluntary cooperation shall be
responsible for maintaining any forfeiture action pursuant to Chapter 932, Florida Statutes. The
agency pursuing the forfeiture action shall have the exclusive right to control and the responsibility
to maintain the property in accordance with Chapter 932, Florida Statutes, to include, but not be
limited to, the complete discretion to bring the action or dismiss the action.
b. All proceeds from forfeited property as a result of or in accordance with this
agreement shall be equitably distributed among the participating agencies in proportion to the
amount of investigation and participation performed by each agency pursuant of the provisions of
the Florida Contraband Forfeiture Act., less the costs and attorney's fees associated with the
forfeiture action.
SECTION VIII: INSURANCE
Each political subdivision shall provide, upon request, satisfactory proof of liability
insurance by one or more of the means specified in Section 768.28, Florida Statutes, in an
amount which is, in the judgment of the governing body of that political subdivision, 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 the notice or actual
knowledge of such change.
SECTION IX: EFFECTIVE DATE
This agreement shall take effect upon full execution and approval by the hereinafter
named officials and shall continue in full force and effect for five years after it takes effect.
Under no circumstances may this agreement be renewed, amended or extended except in writing.
SECTION X: CANCELLATION
Either party may cancel its participation in this agreement upon sixty (60) days written
notice to the other political subdivision. Cancellation will be at the discretion of any political
subdivision to this mutual aid agreement.
IN WITNESS WHEREOF,the parties hereto cause to these presents to be
signed on the date written below.
AGREED AND ACKNOWLEDGED this /51day of 06, eofi.
FOR CORAL GABLES FOR AVENTURA
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Peter Iglesias ., Ron.e d asson
City Manager City ► anager
City of CoralGablesCity of Aventura c�
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Date: Date: —_
ATTEST:
ATTEST:
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Arolla 5%GCU'-
Ure is Ellisa L. Horvath
lerk City Clerk
APPROVED AS TO FORM AND APPROVED AS TO FORM AND
LEGAL SUFFI IENCY: LEGAL SUFFICIENCY:
Mir 'amos
City A erney City Attorney
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Ord dak Bryan "gues
tls --. of Police Chief4f Police
APPROVED AS TO INSURANCE APPROVED AS TO INSURANCE
REQUIREMENTS: REQUIREMENTS:
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Director of Risk Management sp44y47"40A--- D�hrv-•r