97-016 RESOLUTION NO. 97-16
A RESOLUTION OF THE CITY COUNCIL 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 NORTH MIAMI BEACH 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 COUNCIL 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
the City of North Miami Beach 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 Councilmember Perlow, who moved its
adoption. The motion was seconded by Councilmember Cohen, and upon being put to a
vote, the vote was as follows:
Councilmember Jay R. Beskin yes
Councilmember Ken Cohen yes
Councilmember Harry Holzberg yes
Resolution No. 97-16
Page 2
Councilmember Jeffrey M. Perlow yes
Councilmember Patricia Rogers-Libert yes
Vice Mayor Arthur Berger absent
Mayor Arthur I. Snyder yes
PASSED AND ADOPTED this 4th day of March, 1997.
A'I-rEST:
TERESA M. SMITH, CMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
CITY ATTORNEY
EMS/tms
MUTUAL AID AGREEMENT
~'~7
This agreement made this ~ I ~r . day of ~ o,o-<.[,~ , 199v~, between the
CITY OF NORTH MIAMI BEACH and AVENTURA POLICE DEPARTMENTS.
WITNESSETH
WHEREAS, ha recognition of the existing and continuing possibility oflaw enforcement intensive
situations and emergencies within the cities of North Miami Beach, Florida, and Aventura, Florida, and in
order to insure that the preparation of law enforcement resources will be adequate to deal with such
activity, protect the public peace and safety, and preserve the lives and property of the people of the cities
of North Miami Beach and Aventura; and
WHEREAS, the police chief of each municipality is the Chief Law Enforcement Officer of and responsible
for law enforcement services within such municipality; and
WHEREAS, the cities of North Miami Beach, Florida, and Aventura, Florida, fiave authority under Part 1
of Chapter 23, Florida State Statutes (1989), Florida Mutual Aid Act, to enter into a requested MUTUAL
AID AGREEMENT;
NOW THEREFORE, BE IT KNOWN that the cities of North Miami Beach and Aventura hereby approve
and enter into this agreement whereby the police department of each municipality may request and render
law enforcement assistance to the other in emergencies under Section 252.34(2), Florida statutes, and law
enforcement intensive situations including, but not limited to, the following:
1. Civil affray or disobedience, disturbances, riots, large protest demonstrations, controversial trials,
political conventions, labor disputes and strikes.
2. Any natural disaster.
3. Incidents which require rescue operations and crowd and traffic control measures including, but not
limited to, large scale evacuations, aircraft and shipping disasters, f'wes, explosions, gas line leaks,
radiological incidents, train wrecks and derailments, chemical or hazardous waste spills, and electrical
power failures.
4. Terrorist activities including, but not limited to, acts of sabotage.
5. Escapes fi.om, or disturbances within, detention facilities.
6. Hostage and barricaded subject situations.
7. Sporting events, concerts and parades.
8. Security and escort duties for dignitaries.
9. Incidents requiring utilization of specialized units; e.g., underwater recovery, aircraft, canine,
motorcycle, bomb and crime scenes.
I0. Emergency or intensive situations in which one agency needs additinnal assistance to perform its
functional objective.
NOW, THEREFORE, the parties agree as follows:
SECTION I: In the event that a party to this agreement is in need of assistance as set forth above, such
party shall notify the agency or agencies from whom such assistance is required. The police chief of the
municipality whose assistance is sought shall evaluate the situation and his available resources, and will
respond in a manner he deems appropriate.
SECTION II: Each party agrees to furnish necessary equipment, resoumes and facilities and to render
services to any 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.
SECTION III: The party which furnishes any equipment pursuant to this agreement shall bear the loss or
damage to such equipment and shall pay any expense incurred in the operation and maintenance thereof.
The party furnishing aid pursuant to this part shall compensate its 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. Nothing herein shall prevent the requesting agency fi.om
requesting supplemental appropriations fi.om the governing body having budgetary jurisdiction to
reimburse the assisting agency for any actual costs of expenses incurred by the assisting agency performing
hereunder.
SECTION IV: Each municipality will bear the liability arising fi.om acts undertaken by its personnel
pursuant to this agreement. All of the privileges and immunity from liability, exemptions from laws,
ordinances 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 function within the territorial limits of their respective public agencies shall
apply to them to same degree, manner, and extent while engaged in the performance of any of their
functions and duties extra-territorially under the provisions of this Mutual Aid Agreement. This section
shall apply with equal effect to paid, volunteer, and auxiliary employees.
SECTION V: The resources or facilities that are assigned shall be under the immediate command ora
supervising officer designated by the assisting party. Such supervising officer shall be under the direct
supervision and command of the agency head or his designee of the agency requesting assistance.
SECTION VI: In accordance with Section 23.127(1), Florida Statutes, whenever the employees of the
responding agency of agencies are rendering aid outside their jurisdiction pursuant to this agreement, such
employees shall have the same powers, duties, rights, privileges, and immunities as if they were
performing their duties in the municipality in which they are normally employed or appointed.
SECTION VII: It is recognized that during the course of 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 Forfeitur~ Act.
SECTION VIII: Any party may withdraw from this agreement upon written notice to all other parties.
SECTION IX: This agreement shall remain in effect for a period not to exceed five years. Under no
circumstances may this agreement be renewed, amended, or extended except in writing.
./Date Ex,cared: ~r$//~ 7
APPROVED AS TO FO~ APPROVED AS TO FO~
AND CO~ESS ONLY/ AND CONCUSS
TE~S ~O~ITIONS
OTHERS.
Aven~ra, FL
/
JOINT DECLARATION OF THE CHIEF OF THE CITY OF NORTH MIAMI BEACH POLICE
DEPARTMENT AND THE CHIEF OF THE CITY OF AVENTURA POLICE DEPARTMENT
PURSUANT TO MUTUAL AID AGREEMENT
A 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 North Miami Beach and the City of Avantura 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 multijurisditional 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 eiectrical
power failures.
Terrorist activities including, but not limited to, acts of sabotage.
6. Escapes from disturbance 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 persons 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, marinepalrol, amd police information.
15. Joint training in areas of mutual aid.
16. Off Duty Services: City of Aventura Police Dept will be totally responsible for their officers, to
include, but not limited to, arrest, pension, insurance, disability insurance, and workman's compensation.
17. The following procedures will apply in mutual aid operations:
· Mutual aid requested or rendered will be approved by the Chief of Police or designee.
· 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.
· Communications instructions will be included in each request for mutual aid and the Metro-Dade
Police Department Communications Bureau will maintain radio contact with the involved agencies
until the mutual aid situation has ended. In the absence of such instructions, communications will be
conducted on a mutually agreed upon police radio frequency, if not through Metro-Dade
Communications Bureau.
· Incidents requiring mass processing of arrestees, transporting prisoners, and operating temporary
detention facilities will be handled per established procedures.
William B. Berger, Chief of Ponce Thomas E. Ribel, Chief of Police
C it'.~ o f Nclr th/Mi.~.ami...~e~b.~-/ ,.. ~ / City of Aventura
Clerk City Clerk