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2000-010RESOLUTION NO. 2000-J 0 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 MIAMI-DADE COUNTY 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 I. 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 Metropolitan Dade County and the City of Aventura 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 Beskin, who moved its adoption. The motion was seconded by Commissioner Berger, and upon being put to a vote, the vote was as follows: Commissioner Jay R, Beskin Commissioner Ken Cohen Commissioner Han'y Holzberg yes yes yes Resolution No. 2000-10 Page 2 Commissioner Jeffrey M Pedow ~ Commissioner Patdcia Rogers-Libert yes Vice Mayor Arthur Berger yes Mayor Arthur t. Snyder ),es PASSED AND ADOPTED this 1'* day of Fe~/~ A~ I HUR 1. SNY_/DER, MAYOR ATTEST: TERESA M. SOROI~A, CMC I CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: CITY ;~TTORNEY EMS/tins December 10, 1999 Metro-Dade Police Department Director's Office 9105 N.W. 25th Street Miami, Florida 33172 An Internationally Accredited Police Service Chief Thomas E. Ribel Aventura Police Department 2960 Aventura Boulevard Aventura, Florida 33180 Dear Chief Ribel: The Mutual Aid Agreement, Joint Declaration, and Addendum to the Joint Declaration which exist between Miami-Dade County and your municipality expire on January 1, 2000. The enclosed renewal documents are provided for review and approval by your appropriate authorities to ensure continued mutual support as described in Florida Statutes, Chapter 23, Florida Mutual Aid Act: · Five copies of the Mutual Aid Agreement · Five copies of the Joint Declaration · Five copies of the Addendum to the Joint Declaration Except for signature blocks and the expiration date, the documents are identical to those in effect at this time. Please note that mutual aid cannot be implemented without a valid Mutual Aid Agreement and Joint Declaration. If the documents meet the requirements of your municipality, please effect the execution, as appropriate, of all five signed copies and return to: Commander Deborah Y. Wiley Miami-Dade Police Department Budget and Planning Bureau, Room 3055 9105 N.W. 25 Street Miami, Florida 33172 Upon execution by appropriate Miami-Dade County authorizing officials, the renewal agreement will become effective as described in paragraph 9, Effective Date and Chief Thomas E. Ribel December 10, 1999 Page 2 Duration, of the Mutual Aid Agreement, and shall be considered by the Miami-Dade Police Department to supersede all prior Mutual Aid Agreements. After such execution, the Clerk's office of your municipality will receive two originals of each fully executed document. The Miami-Dade Police Department will file copies of all executed docmnents with the Florida Department of Law Enforcement as required by the Florida Mutual Aid Act. Additionally, concerned municipalities will be advised in writing of participants in the Addendum to the Joint Declaration. Should you have questions or require additional information regarding this matter, please contact Commander Deborah Y. Wiley at 305-471-2520. Please be assured of our continued cooperation in such matters of mutual professional concem. Sincerely, Carlos Alvarez Director Enclosures (3) 1. Mutual Aid Agreement (5 copies) 2. Joint Declaration (5 copies) 3. Addendum to the Joint Declaration (5 copies) MUTUAL A1D AGREEMENT Between Miami-Dade County and Participating Municipal Police Departments Whereas, it is the responsibility of the governments of Miami-Dade County, Florida, and the participating Miami-Dade County municipalities 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, because of the 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 Miami-Dade Police Department or the participating municipal police departments; 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 the County of Miami-Dade and the participating Miami-Dade County municipalities; and Whereas, Miami-Dade County and the participating Miami-Dade County municipalities have the authority under Chapter 23, Florida Statutes, Florida Mutual Aid Act, to enter into a mutual aid agreement; NOW, THEREFORE, BE IT KNOWN that Miami-Dade County, 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. 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. Definitions: a. Joint declaration: A document which enumerates the various conditions or situations where aid may be requested or rendered pursuant to this Agreement, as determined by concerned agency heads. Subsequent to execution by the concerned agency heads, the joint declaration shall be filed with the clerks of the respective political subdivisions and shall thereafter become part of this Agreement. Said declaration may be amended or supplemented at any time by the agency heads by filing subsequent declarations with the clerks of the respective political subdivisions. b. Agency or participating law enforcement agency: Either the Miami-Dade Police Department or the participating municipal police department. Agency head: Either the Director of the Miami-Dade Police Department, or the Director's designees; and the Chief of Police of the participating municipal police department, or the Chiefs designees. Participating municipal police department: The police department of any municipality in Miami-Dade County, Florida, that has approved and executed this Agreement upon the approval of the governing body of that municipality. e. Certified law enforcement employee: Any law enforcement employee certified as provided in Chapter 943, Florida Statutes. 4. Operations: In the event that a party to this Agreement is in need of assistance as specified in the applicable joint declaration, 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 his available resources, and will respond in a manner deemed appropriate. Each party to this Agreement agrees to furnish necessary manpower, equipment, facilities, and other resources and to render se[vices 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 he required to deplete unreasonably its own manpower, equipment, facilities, and other resources and se[vices in rendering such assistance. 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. Powers, Privileges, Immunities, and Costs: 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, fights, privileges, and immunities as if they were performing their duties in the political subdivision in which they are normally employed. 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 loss or damage to same and shall pay any and all expenses incurred in the maintenance and operation of same. 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 this 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. All exemption from ordinance 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. 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. 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. This shall occur pursuant to the provisions of the Florida Contraband Forfeiture Act. 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. Effective Date and Duration: This Agreement shall be in effect from date of signing, through and including, January 1, 2005. Under no circumstances may this Agreement be renewed, amended, or extended except in writing. 10. 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. AGREED TO AND ACKNOWLEDGED this day of City of Aventura, FIW ATTEST: / city i21erk ..~. t City of Aventura, Florida ,1999 County Manager Miami-Dade County, Florida ATTEST: County Clerk Miami-Dade County, Florida APPROVED AS TO FORM AND LEGAL APPROVED AS TO FORM AND LEGAL SUFFICIENCY: SUFFICIENCY: City ~ff6mey City of Aventura, Florida County Attorney Miami-Dade County, Florida JOINT DECLARATION OF THE DIRECTOR OF THE MIAMI-DADE POLICE DEPARTMENT AND THE CHIEF OF THE CITY OF AVENTURA POLICE DEPARTMENT PURSUANT TO MUTUAL AID AGREEMENT. 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 City of Aventura and Miami-Dade County, Florida, it is hereby declared that the following list comprises the circumstances and conditions under which mutual aid may be requested and rendered regarding police operations pursuant to the agreement. Said list may be amended or supplemented from time to time as needs dictate by subsequent declarations. 1. Joint multijurisdictional criminal investigations. 2. Civil affray or disobedience, disturbances, riots, large protest demonstrations, controversial trials, political conventions, labor disputes, and strikes. 3. Any natural 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. Terrorist activities including, but not limited to, acts of sabotage. 6. Escapes from or disturbances within detention facilities. 7. Hostage 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; e.g., sporting events, concerts, parades, fairs, festivals, and conventions. 12. Security and escort duties for dignitaries. 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, bomb, crime scene, marine patrol, and police information. 15. Joint training in areas of mutual need. 16. Joint enforcement of all traffic laws 24-hours per day all year, within the area described, beginning at the intersection of the south right-of-way line of Northeast 203 Street and the center line of the Florida East Coast (FEC) Railroad tracks, from the center line of the FEC Raikoad tracks, west to the west right-of-way line of Northeast 26 Avenue; from the west right-of-way line of Northeast 26 Avenue, north to the north right-of-way line of Northeast 203 Street; from the north right-of-way line of Northeast 203 Street, east to the center line of the FEC Railroad tracks; from the center line of the FEC Railroad tracks, south to the south right-of-way line on Northeast 203 Street, inclusive of ail areas within this description. 17. Joint enforcement of all traffic laws 24-hours per day all year, within the area described, beginning at the intersection of the south right-of-way of Miami Gardens Drive and the center line of the FEC Railroad tracks; from the center line of the FEC Railroad tracks, west to the west right-of-way of West Dixie Highway; from the west right-of-way of West Dixie Highway, north to the north right-of-way of Miami Gardens Drive; from the north right-of-way of Miami Gardens Drive, east to the center line of the FEC Railroad tracks; from the center line of the FEC Railroad tracks, south to the south right-of-way of Miami Gardens Drive, inclusive of all areas within this description. 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. 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 Miami-Dade 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. ~ /.'""~A DATE/a_,,vJq?/ Ca'ff~s Alvar~z, Director 0 ho , hief Miami-Dade Police Department City of Aventura Police Department ATTEST Count Clerk Miavqi.': li~a.d~41lunty, Florida DATE ATTEST ~,it)t Clerk ~'~ty of Ave rrna, lori&[ ADDENDUM TO JOINT DECLARATION TO MUTUAL AID AGREEMENT Whereas, it is to the mutual benefit of the municipal police agency listed below and the Miami-Dade Police Department, through voluntary cooperation, to exercise concurrent jurisdiction over the areas described in subparagraphs (a) and Co) 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. Concurrent law enfomement jurisdiction in and throughout the territorial limits of participating municipalities and Miami-Dade County, Florida, excluding those areas within the territorial limits of municipalities not participating in this Addendum and areas in which the Miami-Dade Police Department does not have law enfomement jurisdiction, 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 territorial limits of his or her jurisdiction, and provided that, in the context of this Joint Declaration, "official business outside of his or her jurisdiction" shall not include routine patrol activities, preplanned operations, or undercover investigations. b) Concurrent law enforcement jurisdiction in and throughout the territorial limits of participating municipalities and Miami-Dade County, Florida, excluding those areas within the territorial limits of municipalities not participating in this Addendum and areas in which the Miami-Dade Police Department does not have law enforcement jurisdiction, 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, 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. 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 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 insure that any revenues or surcharges generated as a result of said arrests shall be directed to the jurisdiction in which the arrest was made. Any municipal police agency electing to participate in concurrent jurisdiction pursuant to this Addendum shall, before exercising concurrent jurisdiction, adopt as part of that agency's Standard Operating Procedures, the following Standard Operating Procedure For Concurrent Law Enforcement Jurisdiction: STANDARD OPERATING PROCEDURE FOR CONCURRENT LAW ENFORCEMENT JURISDICTION I. PURPOSE: To provide specific guidelines for the use of concurrent law enforcement jurisdiction. II. POLICY: It shall be the policy of the (name of participating police agency) that law enforcement officers may make arrests for felonies, misdemeanors and arrestable traffic offenses in unincorporated Miami-Dade County and within any municipality which participates in this Mutual Aid Agreement when the offense takes place in the officers' presence while officers are within their jurisdictions or while they are traveling from place to place on official business outside his or her jurisdiction, i.e., to or from court, or as a result of an investigation of any offense constituting a felony or act of Domestic Violence as defined in section 741.28, Florida Statutes, when the offense took place within the jurisdiction of the investigating officer. Concurrent jurisdiction does not include authority to make forcible entries into private residences or businesses which are not open to the public, i.e., authority may only be exercised in places which are open to the public or with the consent of an occupant entitled to give consent. A. General Requirements: 1. Prior to taking any enforcement action, the officer shall notify the designated officer of 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 possible. 2. All arrests made pursuant to this Mutual Aid Agreement shall be coded and processed in such manner as to ensure that any revenues or surcharges generated shall be directed to the jurisdiction in which the arrest was made. 3. Officers shall not utilize unmarked vehicles to make traffic stops or to engage in vehicle pursuits. 4. Concurrent law enforcement jurisdiction pursuant to this Mutual Aid Agreement does not include preplanned operations, undercover investigations, stings, or sweeps. 5. Officers shall not conduct routine patrol activities outside of their jurisdiction. 6. 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. 7. 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. 8. 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. Any participant in this Addendum may withdraw from participation in the Addendum only, by providing each other participant with written notice of withdrawal 30 days prior to the date of withdrawal, which date shall be specified in the notice. Furthermore, any participant wishing to withdraw from participation with one or more other participants may terminate voluntary cooperation with said participant(s) by providing written notice of termination to the affected participants and to the Miami-Dade Police Department 30 days prior to the desired termination date, in which case voluntary cooperation shall remain in force only with the remaining participants. The Miami-Dade Police Department shall keep all concerned agencies advised as to current participants in this Addendum. Thomas E. Ribel, Chief City of Aventura Police Department Date Carlos Alvarez, Director Miami-Dade Police Department Harvey Ruvin County Clerk Date Date