2003-084RESOLUTION NO. 2003-84
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
THE CITY OF MIAMI 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 Miami 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 Cohen, who moved its
adoption. The motion was seconded by Commissioner Diamond, and upon being put
to a vote, the vote was as follows:
Commissioner Zev Auerbach
Commissioner Ken Cohen
Commissioner Bob Diamond
Commissioner Manny Gmssman
Commissioner Harry Holzberg
Vice Mayor Jay R. Beskin
Mayor Jeffrey M. Pedow
yes
yes
yes
yes
yes
yes
yes
Resolution No. 2003-~_z,
Page 2
PASSED AND ADOPTED this 4th day of November, 2003.
APPROVED AS TO L._EGAL SUFFICIENCY:
CITY ~'rTORN EY
/tins
VOLUNTARY COOPERATION AND OPERATIONAL ASSISTANCE
MUTUAL AID AGREEMENT
W1TNESSETH
Whereas, it is the responsibility of the governments of the City of Miam/, Florida, and the
City of Aventura, 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, 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 City of Miami Police
Department or the City of Aventura Police Department; 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 City of Miami and the City of Aventura; and
Whereas, it is to the advantage of each agency to receive and extend mutual aid 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, F.S. or joint provision of certain law enforcement services specified herein and
allowed pursuant to F.S. 166.0495; and,
Whereas, the City of Miami and the City of Aventura have the authority under Section 23.12,
F.S., et seq., The Florida Mutual Aid Act, to enter into a combined mutual aid agreement for law
enforcement service which:
(1) Permits voluntary cooperation and assistance of a routine law enforcement nature across
jurisdictional lines as allowed under F.S. 166.0495;
(2) Provides for rendering of assistance in a law enforcement emergency as defined in
Section 252.34, F.S.
NOW THEREFORE, BE IT KNOWN that the City of Miami, a political subdivision of
the State of Florida, and the City of Aventura, a political subdivision 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 I: PROVISIONS FOR VOLUNTARY COOPERATION
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 in
dealing with any violations of Florida statutes to include, but not necessarily be limited to,
investigating sex offenses, robberies, assaults, batteries, burglaries, larcenies, gambling, motor
vehicle thefts, drug violations pursuant to Chapter 893, FSS, routine traffic offenses, backup
services during patrol activities, school resource officers on official duty out of their jurisdiction,
and inter-agency task forces and/or joint investigation.
SECTION H:
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:
6.
7.
8.
10.
11.
12.
13.
14.
15.
16.
Joint multi-jurisdictional criminal investigations
Civil af~ay or disobedience, disturbances, riots, large protest demonstrations and
assemblies, controversial trials, political conventions, labor disputes, and strikes.
Any natural disaster.
Incidents which require rescue operations and crowd and traffic control measures
including, but not limited to, large-scale evacuations, aircratl and shipping
disasters, fires, explosions, gas line leaks, radiological incidents, train wrecks and
derailments, chemical or hazardous waste spills, and electrical power failures.
Terror/st activities including, but not limited to, acts of sabotage.
Escapes l~om, or disturbances within, prisoner processing facilities.
Hostage and barricaded subject situations, and aircraft piracy.
Control of major crime scenes, area searches, perimeter control, back-ups to
emergency and in-progress calls, pursuits, and missing person calls.
Enemy attack.
Transportation of evidence requiring security.
Major events, e.g., sporting events, concerts, parades, fairs, festivals, and
conventions.
Security and escort duties for dignitaries.
Incidents requiring utilization of specialized units; e.g., underwater recovery,
aircraf[, canine, motorcycle, bomb, crime scene and police information.
Emergency situations in which one agency cannot perform its functional
objective.
Joint training in areas of mutual need.
Joint multi-jurisdictional marine interdiction operations.
The following
1.
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 will be included
ha 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
each agency's communications centers will maintain radio contact with each other
until the mutual aid situation has ended.
Incidents requiring mass processing of arrestees, transporting prisoners, and
operating temporary detention facilities will be handled per established
procedures of the requesting agency, or directors involved.
SECTION III: PROCEDURE FOR REQUESTING ASSISTANCE
In the event that a party to this agreement is in need of assistance as set forth above, the
Chief of Police or designee, shall notify the agency, director or his/her designee fi.om whom such
assistance is requested. The director 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 director ha 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.
Should a sworn law enforcement officer be in another subscribed agency's jurisdiction
for matters of a routine nature, such as traveling through the area on routine business, attending a
meeting or going to or fi.om work, and a violation of Florida statutes occurs ha the presence of
said party, representing his/her respective agency, he/she shall be empowered to render
enforcement assistance and act in accordance with law. Should enforcement action be taken,
said party shall notify the agency having normal jurisdiction and upon the latter's arrival, mm the
situation over to them and offer any assistance requested j. ncluding but not limited to a follow-up
written report documenting the event and the actions taken. This provision so prescribed in this
paragraph is not intended to grant general authority to conduct investigations, serve warrants,
and/or subpoenas or to respond without request to emergencies akeady being addressed by the
agency of normal jurisdiction, but is intended to address 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 IV: COMMAND AND SUPERVISORY RESPONSIBILITY
The personnel and equipment that are assigned by the assisting director shall be under the
immediate command of a supervising officer designated by the assisting director. Such
supervising officer shall be under the direct supervision and command of the director or his/her
designee of the agency requesting assistance.
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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 ins/her own employer. 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 superior officer of the requesting agency, then such role,
regulation, policy, general order or procedure shall control and shall supersede the direct order.
HANDLING COMPLAINTS:
Whenever there is cause to believe that a complaint has arisen as a resuk of a cooperative
effort as it may pertain to this agreement, the director or his/her designee of the requesting
agency shall be responsible for the documentation of said complaint to ascertain at a minimum:
2.
3.
4.
The identity of the complainant.
An address where the complaining party can be contacted.
The specific allegation
The identity of the employees 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 for admirfistrative review. The
requesting agency may conduct a review of the compla'mt 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
winle 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 Miami and the City of Aventura, 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), Fla. Stat. (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 winch 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
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however, that no party shall be required to deplete unreasonably its own personnel, equipment,
resources, facilities, and services in furnishing such mutual aid.
(c) A political subdivision that furnishes equipment pursuant to tins 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 agency furnishing and pursuant to this agreement shall compensate its
appointees/employees during the time such aid is rendered and shall deft'ay 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 personal injury or death while such employees are engaged
in rendering such aid.
(e) The privileges and immunities fi:om liability, exemption from laws, ordinances
and rules, and all pension, insurance, relief, disability, worker's 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 reserve employees.
(f) Nothing herein shall prevent the requesting agency fi:om requesting supplemental
appropriations fi:om 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: INSURANCE
Each party shall provide satisfactory proof of liability insurance by one or more of the means
specified in Section 768.28 (14), Florida Statutes, in an amount which is, in the judgment of the
governing body of that party, 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 changes 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 VIII: EFFECTIVE DATE
This agreement shall take effect upon execution and approval by the hereinafter ~amed officials
and shall continue in full force and effect until , 2008. Under no
circumstances may this agreement be renewed, amended, or extended except in writing.
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SECTION IX: CANCELLATION
Any party may cancel its participation in this agreement 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 to these presents to be signed on the date specified.
AGREED TO AND ACKNOWLEDGED this
JOE ARRIOLA
CITY MANAGER
CITY OF MIAMI, FLORIDA
day of ,2003.
ERIC M~SO~O
Date:
Date:
Attest:
PRISCILLA S. THOMPSON
CITY CLERK
CITY OF MIAMI, FLORIDA
Attest:
(CI~FY CLI~
'gI'rY OF
TURA, FLORIDA
APPROVED AS TO FORM
AND LEGAL SUFFICIENCY:
ALEJANDRO VILARELLO
CITY ATTORNEY
CITY OF MIAMI, FLORIDA
APPROVED AS TO FORM
AND LEGAL SUFFICIENCY:
LAW FIRM OF WEISS, SEROTA
AND HELFMAN
CITY OF AVENTURA, FLORIDA
JOHN F. TIMONEY
CHIEF OF POLICE
CITY OF MIAMI, FLORIDA
THOMAS E. RIBEL
CHIEF OF POLICE
CITY OF AVENTURA, FLORIDA
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