2002-024RESOLUTION NO. 2002-24
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 BETVVEEN THE CITY OF AVENTURA AND
MIAMI SHORES 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 Miami Shores 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 Rogers-Libert, who moved
its adoption. The motion was seconded by Commissioner Cohen, and upon being put to a
vote, the vote
was as follows:
Commissioner Jay R. Beskin yes
Commissioner Ken Cohen yes
Commissioner Manny Grossman yes
Commissioner Harry Holzberg yes
Commissioner Patricia Rogers-Libert yes
Vice Mayor Arthur Berger yes
Mayor Jeffrey M. Perlow yes
Resolution No. 20<4-24
Page 2
PASSED AND ADOPTED this ih day of May, 2002.
~1iZW~R
ATTEST:
APPROVED AS TO LEGAL SUFFICIENCY:
~~
CITY ATTORNEY
Itms
OPERATIONAL ASSISTANCE MUTUAL AID AGREEMENT
WITNESSETH
WHEREAS, THE SUBSCRIBING LAW ENFORCEMENT AGENCIES 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 INTENSIVE
SITUATIONS, INCLUDING, BUT NOT LIMITED TO, NATURAL OR MANMADE
DISASTERS OR EMERGENCIES AS DEFINED UNDER SECTION 252.34, FLORIDA
STATUTES; AND,
WHEREAS, THE MIAMI SHORES POLICE DEPARTMENT AND AVENTURA POLICE
DEPARTMENT HAVE THE AUTHORITY UNDER SECTION 23.12, FLORIDA STATUTES,
et seq., THE FLORIDA MUTUAL AID ACT, TO ENTER INTO A MUTUAL AID
AGREEMENT FOR LAW ENFORCEMENT SERVICE WHICH PROVIDES FOR
RENDERING OF ASSISTANCE IN A LAW ENFORCEMENT EMERGENCY.
NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS:
SECTION I: PROVISIONS FOR OPERATIONAL ASSISTANCE
EACH OF 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:
1) PARTICIPATING IN LAW ENFORCEMENT ACTIVITIES THAT ARE
PREPLANNED AND APPROVED BY EACH RESPECTIVE AGENCY HEAD OR
HIS/HER DESIGNEE,
2) APPROPRIATELY DISPATCHED IN RESPONSE TO A REQUEST FOR
ASSISTANCE FROM THE OTHER LAW ENFORCEMENT AGENCY,
3) JOINT MULTI-JURISDICTIONAL CRIMINAL INVESTIGATIONS,
4) CML DISTURBANCES, DISOBEDIENCE, RIOTS, LARGE PROTEST
DEMONSTRATIONS, LABOR DISPUTES, CONTROVERSIAL TRIALS,
POLITICAL CONVENTIONS, AND STRIKES,
5) ANY NATURE DISASTER INCLUDING, BUT NOT LIMITED TO
HURRICANES, TORNADOES, FLOODING, OR WILDFIRES,
6) INCIDENTS WHICH REQUIRE RESCUE OPERATIONS, TRAFFIC CONTROL,
AND CROWD CONTROL INCLUDING, BUT NOT LIMITED TO
EVACUATIONS, AIRCRAFT DISASTERS, FIRES, EXPLOSIONS, GAS LINE
LEAKS, RADIOACTIVE EMERGENCIES, TRAIL DERAILMENTS AND
WRECKS, CHEMICAL OR HAZARDOUS WASTE SPILLS, OR WIDE SPREAD
POWER DISRUPTIONS,
7) TERRORIST ACTIVITIES INCLUDING ACTS OF SABOTAGE,
8) ESCAPES FROM OR DISTURBANCES WITHIN DETENTION FACILITIES,
9) CONTROL OF MAJOR CRIME SCENES, AREA SEARCHES, PERIMETER
CONTROL, BACKUPS TO EMERGENCY AND IN-PROGRESS CALLS,
PURSLrITS AND MISSING PERSON CALLS,
t0) ENEMY ATTACKS,
11) TRANSPORTATION OF EVIDENCE REQUIRING SECURITY,
12) MAJOR SPORTING EVENTS, CONCERTS, PARADES, FAIRS, FESTIVALS,
AND CONVENTIONS,
13) SECURITY AND ESCORT DUTIES FOR DIGNITARIES,
14) EMERGENCY SITUATIONS IN WHICH ONE AGENCY CANNOT PERFORM
ITS FUNCTIONAL OBJECTIVE,
15) JOINT TRAINING IN AREAS OF MUTUAL NEED,
16) AND INCIDENTS REQUIRING UTILIZATION OF SPECIALIZED UNITS (Such
as bomb disposal units, K-9 units or special weapons and tactics units).
SECTION H: PROCEDURE FOR REQUESTING ASSISTANCE
IN THE EVENT THAT A PARTY TO THIS AGREEMENT IS IN NEED OF ASSISTANCE AS
SET FORTH ABOVE, AN AUTHORIZED REPRESENTATIVE OF THE AGENCY
REQUESTING ASSISTANCE SHALL NOTIFY THE AGENCY HEAD OR HIS/HER
DESIGNEE FROM WHOM SUCH ASSISTANCE IS REQUESTED. 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 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.
THE AGENCY HEAD'S DECISION IN THESE MATTERS SHALL BE FINAL.
SECTION HI: COMMAND AND SUPERVISORY RESPONSIBILITY
THE PERSONNEL AND EQUIPMENT THAT ARE ASSIGNED BY THE ASSISTING
AGENCY HEAD 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/HER DESIGNEE OF THE AGENCY REQUESTING ASSISTANCE.
CONFLICTS: WHENEVER AN OFFICER OR OTHER EMPLOYEE IS RENDERING
ASSISTANCE PURSUANT TO THIS AGREEMENT, THE OFFICER OR EMPLOYEE SHALL
ABIDE BY AND BE SUBJECT TO THE RULES AND REGULATIONS, PERSONNEL
POLICIES, GENERAL ORDERS AND STANDARD OPERATING PROCEDURES OF
HIS/HER OWN EMPLOYING AGENCY. 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 SLrPERIOR OFFICER OF THE REQUESTING AGENCY, THEN SUCH RULE,
REGULATION, PERSONNEL POLICY, GENERAL ORDER OR PROCEDURE SHALL
CONTROL AND SHALL SUPERCEDE THE DIRECT ORDER.
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 AGREEMENT, THE AGENCY HEAD OR HIS/HER DESIGNEE OF THE
REQUESTING AGENCY SHALL BE RESPONSIBLE FOR THE DOCUM]~NTATION 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 EMPLOYEE (S) 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 HEAD OR HIS/HER DESIGNEE
OF THE ASSISTING 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 IV: LIABILITY
EACH PARTY ENGAGING IN ANY MUTUAL COOPERATION OR ASSISTANCE,
PURSUANT TO THIS AGREEMENT, AGREES TO ASSUME RESPONSIBILITIES 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 V: POWERS, PRIVILEGES, IMMUNITIES AND COSTS
EMPLOYEES OF THE MIAMI SHORES POLICE DEPARTMENT AND THE
AVENTLrRA POLICE DEPARTMENT WHEN ACTUALLY ENGAGING IN MUTUAL
COOPERATION AND ASSISTANCE OUTSIDE THEIR JURISDICTIONAL LIMITS BUT
INSIDE THIS STATE, UNDER THE TERMS OF THIS AGREEMENT, SHALL,
PURSUANT TO THE PROVISIONS OF SECTION 23.127(1), FLORIDA STATUTES,
HAVE THE SAME POWERS, DUTIES, RIGHTS, PRIVILEGES AND IMMUNITIES AS IF
THE EMPLOYEE WAS PERFORMING DUTIES INSIDE THE EMPLOYEE'S
POLITICAL SUBDMSION 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 THE 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, AS DETERMINED BY THE FURNISHING PARTY.
c) AS BETWEEN THE PARTIES HERETO, THE POLITICAL SUBDIVISION THAT
FURNISHES EQUIPMENT PURSUANT TO THIS AGREEMENT SHALL 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) AS BETWEEN THE PARTIES HERETO, THE AGENCY FURNISHING AID PURSUANT
TO THIS AGREEMENT SHALL BE RESPONSIBLE TO COMPENSATE ITS OFFICER
(S) / EMPLOYEE (S) 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 PERSONNEL INJURY OR
DEATH WHILE SUCH EMPLOYEES ARE ENGAGED IN RENDERING SUCH AID, TO
THE SAME DEGREE, MANNER AND EXTENT AS IF THE OFFICER(S)/EMPLOYEE(S)
WHERE ENGAGED IN THE PERFORMANCE OF DUTIES WITHIN THEIR
RESPECTIVE JURISDICTIONS.
¢) THE PRIVILEGES AND IMMUNITIES FROM LIABILITY, EXEMPTION FROM LAWS,
ORDINANCES AND RULES, AND ALL 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 PROVISIONS OF THIS
MUTUAL AID AGREEMENT. THE PROVISIONS OF THIS SECTION SHALL APPLY
WITH EQUAL EFFECT TO PAID, VOLUNTEER, 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.
g) NOTHING IN THIS AGREEMENT IS INTENDED OR IS TO BE CONSTRUED AS ANY
TRANSFER OR CONTRACTING AWAY OF THE POWERS OR FUNCTIONS OF ONE
PARTY HERETO TO THE OTHER.
h) THIS AGREEMENT CREATES NO RIGHTS OR BENEFITS IN FAVOR OF ANY THIRD
PARTIES AND THERE ARE NO INTENDED THIRD PARTY BENEFICIARIES WITH
REGARD TO THE PROVISION HEREOF.
SECTION VI: LIABILITY INSURANCE
EACH PARTY SHALL PROVIDE SATISFACTORY PROOF OF LIABILITY INSURANCE
OR SELF INSURANCE BY ONE OR MORE OF THE MEANS SPECIFIED IN SECTION
768.28(15)(a), FLORIDA STATUTES, IN AN AMOUNT WHICH IS, IN THE JUDGEMENT
OF THE GOVERNING BODY OF THAT PARTY, AT LEAST ADEQUATE TO COVER THE
RISK TO WHICH THAT PARTY MAY BE EXPOSED. SHOULD INSURANCE COVERAGE,
HOWEVER PROVIDED, OF ANY PARTY BE CANCELLED 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 VII: FORFEITURE PROVISIONS
a)
IN THE EVENT THAT 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 ~
CASE OF VOLUNTARY COOPERATION SHALL BE RESPONSIBLE FOR
MAINTAINING ANY FORFEITURE ACTION PURSUANT TO CHAPTER 932, FLOR.IDA
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 SEIZED AS A RESULT OF OR IN
ACCORDANCE WITH THIS AGREEMENT SHALL BE DIVIDED EQUALLY BETWEEN
THE PARTIES, LESS THE COSTS ASSOCIATED WITH THE FORFEITURE ACTION.
SECTION VIII: EFFECTIVE DATE
THIS AGREEMENT SHALL TAKE EFFECT UPON EXECUTION AND APPROVAL BY
THE HEREINAFTER NAMED OFFICIALS AND SHALL CONTINUE IN FULL FORCE AND
EFFECT UNTIL JANUARY 01~2005 . UNDER NO CIRCUMSTANCES MAY THIS
AGREEMENT BE RENEWED, AMENDED, OR EXTENDED EXCEPT IN WRITING.
SECTION IX: CANCELLATION
ANY PARTY MAY CANCEL ITS PARTICIPATION IN THIS AGREEMENT UPON THIRTY
(30) DAYS WRITTEN NOTICE TO THE OTHER PARTY OK PARTIES. CANCELLATIONS
WILL BE AT THE DISCRETION OF ANY SUBSCRIBING PARTY.
IN WITNESS WHEREOF, THE PARTIES HERETO CAUSE THESE PRESENTS TO BE
SIGNED ON THE DATE SPECIFIED.
Name: 'TCt(Y~
Title: ~i [/(D, GO
Organization:
Organization: d. tTt4 o~- ~t/~td2M~/~
Date:
ATTEST:
City Clerk, Village"6f Miarn(g~0res,
Florida
A'r'
APPROVED AS TO FORM
AND LEGAL SUFFICIENCY:
City Attorney, Village ot~Miami Shores,
Florida.
APPROVED AS TO FORM
AND LEGAL SUFFICIENCY:
City Attorney, City of Aventura,
Florida.
Filing the agreement: Section 23.1225(4), Florida Statutes, requires the filing of a copy of the signed mutual aid
agreement with FDLE within 14 days after signature. Filing may be accomplished by either mailing to FDLE, P.O.
Box 1489, Tallahassee, FI 32302, Attention: Mutual Aid, or Fax to 904-488-1760