2015-33 Mami-Dade County Mutual Aid Agreement for Law Enforcement Activities RESOLUTION NO. 2015-33
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 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-Dade County 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 Vice Mayor Cohen, who moved its
adoption. The motion was seconded by Commissioner Weinberg, and upon being put
to a vote, the vote was as follows:
Commissioner Denise Landman Yes
Commissioner Marc Narotsky Yes
Commissioner Robert Shelley Yes
Commissioner Howard Weinberg Yes
Vice Mayor Enbar Cohen Yes
Mayor Enid Weisman Yes
Commissioner Teri Holzberg Absent
City of Aventura Resolution No. 2015-33
Page 2
PASSED AND ADOPTED this 5th day of May, 2015.
1:0\'\ M YOR ENID WEISMAN
ATTEST:
ELLISA L. HORVATH,
CITY CLERK
APPROVED AS TO LEGAL SUFF!•cIENCY:
CITY TORNE
LAW ENFORCEMENT MUTUAL AID AGREEMENT
BETWEEN MIAMI-DADE COUNTY AND
THE CITY OF AVENTURA
FOR VOLUNTARY COOPERATION AND
OPERATIONAL ASSISTANCE
WHEREAS, it is the responsibility of the government of Miami-Dade County, Florida,
and the subscribing municipality 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, there is an existing and continuing possibility of the occurrence of
natural or manmade disasters or emergencies and other major law enforcement
problems, including those that cross jurisdictional lines, that will require coordinated law
enforcement efforts to ensure that preparations of this County 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 County; and
WHEREAS, in order to ensure that law enforcement agencies are prepared to
competently address any and all conditions as they arise to protect the public peace
and safety of Miami-Dade County citizens, it is in the best interests of the community
and law enforcement for police agencies to engage in mutual aid; and
WHEREAS, the subscribing law enforcement agencies have the authority under
Florida Statutes Chapter 23, Part I, Florida Mutual Aid Act, and under Florida Statutes
Section 316.640, Enforcement, 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 municipality, in consideration
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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. PURPOSE AND TERMS
A. Short title: Mutual Aid Agreement
B. 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, Part I, Florida Statutes.
C. Definitions:
1 . Chief Executive Official: Either the Mayor of Miami-Dade County, or the
Chief Executive Official of the participating municipality, who has the authority
to contractually bind the agency and has executed this Agreement, upon the
approval of the governing body of each entity.
2. Agency Head: Either the Director of the Miami-Dade Police Department, or
the Director's designee; and the Chief of Police of the municipal law
enforcement agency, or the Chief's designee.
3. Participating law enforcement agency: The police department of any law
enforcement agency in Miami-Dade County, Florida, that has approved and
executed this Agreement.
4. Certified law enforcement employee: Any law enforcement employee
certified as provided in Chapter 943, Florida Statutes.
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SECTION II. PROCEDURES
A. Operations:
1. In the event that a party to this Agreement is in need of assistance as
specified herein, an authorized representative of the police department
requiring assistance shall notify the agency from which such assistance is
requested. The authorized agency representative whose assistance is
sought shall evaluate the situation and the available resources, and will
respond in a manner deemed appropriate.
2. Each party to this Agreement agrees to furnish necessary personnel,
equipment, facilities, and other resources and to render services to the other
party as required to assist the requesting party in addressing the situation
which necessitated the request; provided, however, that no party shall be
required to deplete unreasonably its own personnel, equipment, facilities, and
other resources and services in rendering such assistance.
3. 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, equipment, facilities, and other resources and services provided
pursuant to this Agreement to the providing agency.
B. Powers, Privileges, Immunities, and Costs:
1 . All employees of the participating law enforcement agency, including certified
law enforcement employees, during such time that said employees are
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actually providing aid outside of the jurisdictional limits of their employing
agency pursuant to a request for aid made in accordance with this
Agreement, shall, pursuant to the provisions of this Mutual Aid Agreement,
have the same powers, duties, rights, privileges, and immunities as if they
were performing duties in the jurisdiction in which they are normally
employed.
2. The political subdivision having financial responsibility for the participating law
enforcement agency providing personnel, equipment, facilities, and other
resources and services 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.
3. The political subdivision having financial responsibility for the participating law
enforcement agency providing aid pursuant to this Agreement shall
compensate all of its employees rendering aid pursuant to the 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.
4. All exemption from 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
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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.
C. Indemnification: 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 while participating herein
and pursuant to this Agreement, subject to the provisions of Section 768.28,
Florida Statutes, where applicable. "Assume Responsibility" shall mean incurring
any and all costs associated with any suit, action, or claim for damages arising
from the performance of this Agreement.
D. Forfeitures: It is recognized that during the course of the operation of this
Agreement, property subject to forfeiture under the Florida Contraband Forfeiture
Act, Section 932.701 et. seq., 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, less the costs associated with the forfeiture action. Any
participating law enforcement agency must request sharing, in writing, before the
entry of a Final Order of Forfeiture, or they will be barred from claiming any
portion of the property forfeited. The agency pursuing the forfeiture action shall
have the exclusive right to control and the responsibility to maintain the property,
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including, but not limited to, the complete discretion to bring the action, or to
dismiss the action, or to settle, pursuant to the provisions of the Florida
Contraband Forfeiture Act.
E. 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, Part I, Florida Statutes.
SECTION III. COMMAND AND SUPERVISORY RESPONSIBILITY
A. Command: The personnel, equipment, facilities, and other resources and
services that are assigned by the assisting entity shall be under the immediate
command and direct supervision of a supervising officer designated by the
assisting Director or Chief of Police, or his/her designee.
B. 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 his or 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 rule,
regulation, policy, general order or procedure of the assisting agency shall control,
and shall supersede the direct order.
C. 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 Director or
Chief of Police, or his/her designee, of the agency employing the officer who is the
subject of the complaint, shall be responsible for the investigation of the complaint.
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The Director or Chief of Police or designee of the requesting agency should
ascertain at a minimum:
1. The identity of the complainant;
2. An address where the complaining party can be contacted;
3. The specific allegation, and;
4. The identity of the employee accused.
If it is determined during the investigation of a complaint 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 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. PROVISIONS FOR VOLUNTARY AND OPERATIONAL ASSISTANCE
A. A deputy sheriff or police officer of either participating law enforcement agency
shall be considered to be operating under the provisions of this 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.
B. In compliance with and under the authority of this Mutual Aid Agreement,
entered into by Miami-Dade County and the participating municipality, it is hereby
declared that the following list comprises the nature of assistance, and the
circumstances and conditions under which mutual aid may be requested and
rendered regarding police operations pursuant to the Agreement. The list
includes, but is not necessarily limited to, dealing with the following:
1. Voluntary:
a. Joint multi-jurisdictional criminal investigations.
b. Major events; e.g., sporting events, concerts, parades, fairs, festivals and
conventions.
c. Joint training in areas of mutual need.
d. Off-duty special events.
e. Joint multi-jurisdictional marine interdiction operations.
f. Security and escort duties for dignitaries.
2. Operational:
a. Hostage and barricaded subject situations, and aircraft piracy.
b. Control of major crime scenes, area searches, perimeter control, back-ups
to emergency and in-progress calls, pursuits, and missing person calls.
c. Enemy attack.
d. Transportation of evidence requiring security.
e. Civil affray or disobedience, disturbances, riots, large protest
demonstrations, controversial trials, political conventions, labor disputes,
and strikes.
f. Any natural, technological, or manmade disaster. Emergency situations in
which one agency cannot perform its functional objective
g. Incidents requiring utilization of specialized units; e.g., underwater
recovery, aircraft, canine, motorcycle, bicycle, mounted, Special
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Response Teams, bomb, crime scene, marine patrol, and police
information.
h. 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.
i. Terrorist activities including, but not limited to, acts of sabotage.
j. Escapes from or disturbances within detention facilities.
SECTION V. PROCEDURES FOR REQUESTING MUTUAL AID
The following procedures will apply to situations requiring operational assistance:
A. Mutual aid requested or rendered will be approved by the Director or the Chief of
Police, or their designees.
B. 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.
C. Communications instructions will be included in each request for mutual aid. The
Miami-Dade Police Department Communications Bureau will maintain radio
contact with the involved agencies until the mutual aid situation has ended.
D. Incidents requiring mass processing of arrestees, transporting prisoners and
operating temporary detention facilities will be handled per established
procedures.
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SECTION VI. CONCURRENT JURISDICTION
It is to the mutual benefit of the participating law enforcement agency and the Miami-
Dade Police Department, through voluntary cooperation, to exercise concurrent
jurisdiction over the areas described in subparagraphs A. and B. 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.
A. Concurrent law enforcement jurisdiction in and throughout the territorial limits of
the participating municipalities located in Miami-Dade County and in
unincorporated Miami-Dade County 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, provided that, in the context of
this Agreement, "official business outside of his or her jurisdiction" shall not include
routine patrol activities. This Agreement excludes those areas within the territorial
limits of any municipality not participating in Mutual Aid with Miami-Dade County,
and in any areas in which the Miami-Dade Police Department does not have law
enforcement jurisdiction.
B. Concurrent law enforcement jurisdiction in and throughout the territorial limits of
the participating municipalities located in Miami-Dade County and in
unincorporated Miami-Dade County, for arrests made pursuant to the laws of
arrest of persons identified as a result of investigations of any offense
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constituting a felony or any act of domestic violence as defined in Section
741.28, Florida Statutes, when such offense occurred in the jurisdiction of the
agency employing the arresting officer. However, absent a search warrant,
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. 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. When operating under mutual
aid, participating agency officers may execute search warrants outside the
jurisdiction of their employing municipality for offenses which occurred in their
jurisdiction. Participating agency officers may execute the search warrant,
impound all property, make arrests, and file the Return and Inventory. This
concurrent jurisdiction excludes those areas within the territorial limits of any
municipality not participating in mutual aid with Miami-Dade County, and in any
areas in which the Miami-Dade Police Department does not have law enforcement
jurisdiction.
C. 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 paragraph A. above shall
be processed and coded pursuant to directions of the Clerk of the Court, in such
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manner as to ensure that any revenues or surcharges generated as a result of
said arrests shall be directed to the jurisdiction in which the arrest was made.
D. Special Provisions for Concurrent Jurisdiction:
1. Joint enforcement of all traffic laws 24-hours per day, beginning at the
intersection of the south right-of-way line Northeast 203 Street and the center
line of the Florida East Coast (FEC) Railroad tracks, from the center line of the
FEC Railroad 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 all areas within this description.
2. Joint enforcement of all traffic laws 24-hours per day, 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.
3. Joint enforcement of all laws in an area to be hereinafter designated as the
Joint Community Marine Protection Area (JMPA). The JMPA shall consist of
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the unincorporated waterways surrounded by, in general: Sunny Isles;
Surfside; Bay Harbor Islands; North Miami and the Intracoastal Waterway;
Miami Shores; Miami Beach; and, an east-west line in the Atlantic Ocean
parallel to the southerly line of Broward County, Florida.
E. General Requirements:
1. Officers shall not utilize unmarked vehicles to make traffic stops or to engage
in vehicle pursuits.
2. Concurrent law enforcement jurisdiction pursuant to this Agreement does
include preplanned operations, undercover investigations, stings, or sweeps.
3. Officers shall not conduct routine patrol activities outside of their jurisdiction.
4. Reports of any action taken pursuant to this 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.
5. 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.
6. 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.
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SECTION VII. EFFECTIVE DATE AND TERM OF AGREEMENT
This Mutual Aid Agreement shall become effective on the date of execution by all
parties and, unless terminated or cancelled on an earlier date, will expire on January 1 ,
2025. This Mutual Aid Agreement may be renewed in writing by the Agency Head and
their respective Chief Executive Officials, in the case of Miami-Dade County, the Police
Director and County Mayor or the Mayor's designee are authorized to extend this
Agreement. This Agreement may be formally renewed for a maximum of three (3)
additional successive ten (10) year terms. This Agreement may not be amended or
modified except in writing signed and duly executed by the parties. Any modifications
or amendments to this Agreement require County Commission approval via the
County's legislative process.
SECTION VIII. CANCELLATION
This Agreement may be cancelled by either party upon providing thirty (30) days written
notice to the other participating law enforcement agency. Cancellation will be at the
discretion of the Agency Heads and their respective Chief Executive Officials, in the
case of Miami-Dade County, the Police Director and County Mayor or the Mayor's
designee are authorized to cancel this Agreement.
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AGREED TO AND ACKNOWLEDGED this 46° day of 0.- "' , 2015,
MIAMI-DADE COUNTY
r),( Carlos A. Gimenez, Mayor
. . Patterson, Director
Miami-Dade Police Department
ATTEST: ,
• :s`�..•.. s#'.•
COigl •i
Harvey Ruvin, County Clerk
Miami-Dade County, Florida
APPROVED AS TO FORM ND LEGAL
SUFFICIENCY:
or
R. A. Cuevas, Jr., County Attorney
Miami-Dade County, Florida
AGREED TO AND ACKNOWLEDGED this j day of M al , 2015,
CITY OF AVENTURA
WC-
Eric M. Soroka, City M ager
fr
teve Steinberg, Chief late
Aventura Police Department