Resolution No. 2020-12 Mutual Aid Agreement with City of Plantation for Law Enforcement Activities - February 4, 2020 RESOLUTION NO. 2020-12
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 PLANTATION 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 Plantation 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.
The foregoing Resolution was offered by Commissioner Dr. Marks, who moved
its adoption. The motion was seconded by Commissioner Landman, and upon being
put to a vote, the vote was as follows:
Commissioner Denise Landman Yes
Commissioner Dr. Linda Marks Yes
Commissioner Gladys Mezrahi Yes
Commissioner Robert Shelley Yes
Commissioner Howard Weinberg Yes
Vice Mayor Marc Narotsky Yes
Mayor Enid Weisman Yes
City of Aventura Resolution No. 2020-12
PASSED AND ADOPTED this 4th day of February, 2020.
A.A-COjcKY)'
ENID WEISMAN, MAYOR
*)4P *
ATTEST:
ELLISA L. HORVAT C
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
CITY ATTORNEY
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MUTUAL AID AGREEMENT
(AVENTURA-PLANTATION)
WHEREAS, it is the responsibility of the governments of the City of Aventura,
Florida,and the City of Plantation,Florida(collectively,the'Parties")to ensure the safety
of their citizens and visitors by providing adequate levels of police service to assess any
foreseeable routine or emergency situation; and
WHEREAS, there is an existing and continuing possibility that prisoners of the
City of Aventura Police Department and City of Plantation Police Department(collectively,
the"Agencies")may require hospital care prior to being turned over to the county jail; and
WHEREAS,the Aventura Hospital &Medical Center, located within the City of
Aventura; and Westside Regional Medical Center and Plantation General Hospital,located
within the City of Plantation; are affiliated hospitals that, from tune-to-time,may require
the transfer of prisoner-patients from one facility to the other for continued care;and
WHEREAS,it is recognized that under Florida law,the Agencies do not have the
authority to enforce the laws of the State of Florida outside their jurisdictional boundaries;
and
WHEREAS, the general welfare and safety of hospital patients, citizens, and
visitors to the cities of Aventura and Plantation mandate that prisoner-patients remain under
law enforcement custody and control for the duration of their hospital stay, until they are
released;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 Plantation-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:
SECTIION I: DESCRIPTION
This mutual aid agreement("Agreement")provides for the temporary grant of law
enforcement authority and the requesting and rendering of law enforcement assistance for
the retention of custody and control of prisoner-patients,and combines elements of both a
MUTUAL AID AGREEMENT(AVENTURA-PLANTATION)
PRISONER/PATIENT TRANSPORT TO EXTRATERRITORIAL HOSPITALS
voluntary
cooperation agreement and a requested operational assistance agreement, as
described in Chapter 23,Florida Statutes.
Specifically, this Agreement embodies the consent of the Parties to allow for the
arresting agency("Requesting Agency")to have full police power and authority to enforce
the laws of the State of Florida only while supervising the care,custody and control of their
own prisoner-patients while receiving medical treatment at a hospital within the other
agency's("Assisting Agency")jurisdiction.
SECTION II: 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 Requesting Agency shall notify
the Assisting Agency, Agency Head, or designee. The Agency Head or
authorized agency representative of the Assisting Agency shall evaluate the
situation and the Agency's available resources, consult with supervisors if
necessary and will respond in a manner deemed appropriate. The Assisting
Agency Head's decision in this regard shall be final.
(b) The Requesting Agency shall have full police power and authority to enforce
the laws of Florida within the Assisting Agency's jurisdiction during the
transport of the prisoner patient to and from the hospital,and while retaining
security of their prisoner-patient at the hospital. This extra-territorial
authority shall be limited to the sole purpose of the care,custody and control
of the prisoner patient.
(c) Should a violation of Florida Statutes or Federal Law occur in the presence
of the Requesting Agency while supervising the custody of their prisoner-
patient, the officer(s) from the Requesting Agency shall be empowered to
render enforcement assistance and act in accordance with the law, in
furtherance of this agreement. The Requesting Agency shall request support
from the Assisting Agency immediately,or as soon as possible thereafter. A
violation within the Assisting Agency's jurisdiction will require the
prisoner-patient to be booked within that jurisdiction's jail, upon medical
clearance and release from the hospital.
(d) If no violations of State or Federal law are committed by the prisoner-patient
while within the Assisting Agency's jurisdiction, the Requesting Agency
need not book the prisoner patient within the assisting jurisdiction's jail
upon medical clearance and release.
SECTION III: POWERS,PRIVILEGES,IMMUNITIES AND COSTS
(a) Members of the Agencies when actually engaging in mutual cooperation and
assistance outside of their respective jurisdictional limits of Aventura or
Plantation under the terms of this Agreement, shall, pursuant to the
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MUTUAL AID AGREEMENT(AVENTURA-PLANTATION)
PRISONER/PATIENT TRANSPORT TO EXTRATERRITORIAL HOSPITALS
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 Party to the Agreement as set forth
above, provided however, that no Party shall be required to unreasonably
deplete its own equipment, resources, facilities, and services in furnishing
such mutual aid.
(c) The Agency furnishing any equipment pursuant to this Agreement shall bear
costs for the use of, loss or damages to such equipment and shall pay any
expense incurred in the operation and maintenance thereof.
(d) Thshe Requesting Agency and the Assisting Agency pursuant to this section
each compensate its individual 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) for any tasks contemplated under this
Agreement,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.
SECTION IV: INDEMNIFICATION
Each Party engaging in any extraterritorial law enforcement activity,mutual
cooperation, and/or 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 such activity pursuant
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MUTUAL AID AGREEMENT(AVENTURA-PLANTATION)
PRISONER/PATIENT TRANSPORT TO EXTRATERRITORIAL HOSPITALS
to this agreement, to be responsible for the defense of any claims or actions against
its own appointees or employees, subject to provisions of Section 768.28, Florida
Statutes,where applicable.
SECTION V: EFFECTIVE DATE
Upon execution and approval by the hereinafter-named officials this
Agreement shall take effect retroactively from and after October 1, 2019, and shall
continue in full force and effect, until the expiration of a period of five (5) years
from October 1, 2019, unless terminated prior thereto by any or all of the Parties
herein.
SECTION VI: 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.
L Stoner 11 Ronald J. son
Mayor City Manager
City of Plantation City of Aventura
Date: 1_1 S—zo Date: c=91-li A:Pa:0
dif4444:_
W. Howard Harrison B an P s
Chief of Police Chief of Police
City of Plantation, Florida City of Aventura,Florida
Date: 20.00 Date: c9-po-D
-The remainder of this page has been intentionally left blank. City Clerks' and Parties'
Counsels' signature page immediately follows.-
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MUTUAL AID AGREEMENT(AVENTURA-PLANTATION)
PRISONER/PATIENT TRANSPORT TO EXTRATERRITORIAL HOSPITALS
ATTEST: �4'\ ATTEST:
412-4411'L i.11F:
Susan K. Slattery . Ellisa L. Horvath
City Clerk F %; u City Clerk
City of Plantation 4. Ltiz�� City of Aventura
Appro • . Form: Approved as to Fo :
Melissa llniker-Presser David M. 1pin
Police . gal Advisor City Attorney
City of Plantation City of Aventura
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