Resolution No. 2018-73 Mutual Aid Agreement with City of Sweetwater for Law Enforcement Activities - September 4, 2018 RESOLUTION NO. 2018-73
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 THE CITY OF SWEETWATER 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 Sweetwater 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 Shelley who moved its
adoption. The motion was seconded by Vice Mayor Mezrahi, and upon being put to a
vote, the vote was as follows:
Commissioner Denise Landman Yes
Commissioner Dr. Linda Marks Yes
Commissioner Marc Narotsky Yes
Commissioner Robert Shelley Yes
Commissioner Howard Weinberg Yes
Vice Mayor Gladys Mezrahi Yes
Mayor Enid Weisman Yes
City of Aventura Resolution No. 2018-73
PASSED AND ADOPTED this 4th day of September, 2018.
ENID WEISMAN, MAYOR
Cary o‘
ATTEST:
Cs
ELLISA L. HORVATH
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
VIA lf.11.\
CITY ATTORNEY
Page 2 of 2
ti
MUTUAL AID AGREEMENT
BETWEEN THE CITY OF SWEETWATER AND
THE CITY OF AVENTURA
Whereas, it is the responsibility or the governments of the City of Sweetwater,
and the City of Aventura, 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
Sweetwater Police Department or the City of Aventura Police Department;and
Whereas, in order to ensure that the resources of these law enforcement agencies
will be adequate to address any and all these conditions, to protect the public peace and
safety, and to preserve the lives and property of the people of the City of Sweetwater and the
City of Aventura;and
Whereas, City of Sweetwater and the City of Aventura have the authority under
Chapter 23,Florida Statutes,the"Florida Mutual Aid Act,"to enter into this Mutual Aid
Agreement.
NOW, THEREFORE, BE IT KNOWN that the City of Sweetwater and the
City of Aventura, municipal corporations of the State of Florida, by and through their
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.
2. J)escription: This Mutual Aid Agreement ("Agreement") provides for the
requesting and rendering of assistance for both routine and law enforcement intensive
situations; thus, this Agreement combines the elements of both a voluntary cooperation
agreement and a requested operational assistance agreement, as described in Chapter 23,
Florida Statutes.
1iPage
3. 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 police agency heads.
Subsequent to execution by the concerned agency heads, the joint
declaration shall be filed with the clerks of the respective municipalities
and shall thereafter become part of this Agreement. Said declaration
may be amended or supplemented by mutual agreement at any time, upon
filing a subsequent declaration with the clerks of the respective
municipalities. A copy of the Joint Declaration is attached hereto as
Exhibit"A."
b. Law Enforcement Agencies: The Police Department of the City of
Sweetwater and/or the Police Department of the City of Aventura.
c. Agency Head: Either the Chief of the City of Sweetwater
Police Department or the Chiefs designees; and the Chief of the
City of Aventura Police Department, or the Chiefs designees.
d. Participating Municipal Police Department: The Police
Department of any municipality in Sweetwater-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:
a. lit 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/her available resources, and will respond in a manner
21Page
deemed appropriate. The Agency Head's decision in this regard shall
be final.
b. Each party to this Agreement agrees to furnish necessary manpower,
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 caused the request; provided, however, that no party
shall be required to deplete unreasonably its own manpower,
equipment, facilities, and other resources and services in rendering
such assistance.
c. 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.
5. I'Owwers, Privilc;;cs, Immunities, and Costs:
a. All employees of the participating Law Enforcement Agencies,
including Certified Law Enforcement Employees, during such time
that said employees are actually providing aid outside of the
jurisdictional limits of the employed 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, rights, privileges, and immunities as if they were
performing their duties in the municipality in which they are normally
employed. Should a violation of Florida law occur in the presence of a
Certified Law Enforcement Employee representing his/her respective
Law Enforcement Agency in furtherance of this Agreement, he/she shall
be empowered to render enforcement assistance and act in accordance
with Florida law.
31 Page
b. Each party agrees to furnish equipment, resources and facilities, and to
render services to the other party to this Agreement as provided for
herein; provided, however, that no party shall be required to unreasonably
deplete its own equipment, resources, facilities and services in furnishing
such mutual aid.
c. The municipality having financial responsibility for the Law
Enforcement Agency providing services, personnel, equipment, or
facilities pursuant to 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.
d. The municipality 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
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, and also include all
benefits normally due such employees. Notwithstanding the foregoing, if
the requesting Law Enforcement Agency receives compensation from the
Federal Emergency Management Agency, the requesting Law
Enforcement Agency may compensate the assisting Law Enforcement
Agency during the time of the rendering of such aid and may defray the
actual travel and maintenance expenses of the Certified Law
Enforcement Employees while they are rendering such aid, including any
amounts paid or due for compensation as a result of personal injury or
death while such Certified Law Enforcement Employees are rendering
such aid pursuant to this Agreement.
d. All of the privileges and immunities from liability, exemption from
ordinances and rules, and all pension, insurance, relief, disability,
workers' compensation, salary, death, and other benefits which apply to
41Page
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 extraterritorially under the provisions of this Agreement. The
provisions of this Agreement shall apply with equal effect to paid and
auxiliary employees.
f. Nothing herein shall prevent the Agency requesting assistance under this
Agreement to request supplemental appropriations from its City Council
to reimburse the assisting Agency for any actual costs or expenses
incurred in providing such assistance.
6. Indemnification: The municipality 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 municipality in any suit,
actions, 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. Nothing contained in this Agreement shall be construed or
interpreted to be a waiver of sovereign immunity by either party.
7. Forfeitures: It is recognized that during the course of the operation of this
Agreement, property subject to forfeiture under the Florida Contraband Forfeiture Act, 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 agency
must request sharing, in writing before the entry of the 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,
including, but not limited to, the complete discretion to bring the action, or to dismiss the action,
or settlement. This shall occur pursuant to the provisions of the Florida Contraband Forfeiture
Act.
5IPage
•
, l , S
8. 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 and provisions in Chapter 23,Florida Statutes.
9. Effective Date and Duration: This Agreement shall be in effect from date
of signing by both parties, through and including, March 31, 2023. Under no
circumstances may this Agreement be renewed, amended, or extended except in writing.
10. Cancellation: This Agreement may be canceled by either party upon sixty (60)
days written notice to the other party.
AGREED AND A OWLEDGED this2 L.day of March,2018.
-,____________—+Nimomm- c.. ..gittiL
Orlando Lope ayor ?canna Carr, ln4Cvitrt e.1+)l manciTY"
City of Sweetwater, Florida City of Aventu a, F rida
Date: 3-2 t_2 d Y Date: 4' -4 /'ij
i1
iaeii! Bryan gues
Chief of Police Chief of Police
City of Sweetwater,Florida City of Aventura,Florida
Date: 3- 22—Z-0/ if' Date: 9 .4 in
Attest: / Attest:P AirAr , cif L.P11.6,i.
arm n Garcia Ellisa L. Horvath II' -V `Z=,
City Clerk City Clerk . ` ...."2!7:7
City of Sweetwater, Florida City of Aventura, Florida �'s,-;,1, , a ,1,
Date: J-'t L - Zo rP Date: 1- at 4 — / ,� ----;-c(�r�
c
�y off(
Approved as to form and legal sufficiency: Approved as to form and l7fficie :
gid/ _
Gu lermo Cuadra
City AttorneyCity Attom- . A-,
Date: 3_-0.--..1-• i v Date: /I
Wage
EXHIBIT "A"
JOINT DECLARATION OF THE CHIEF OF POLICE OF THE CITY OF
SWEETWATER POLICE DEPARTMENT AND THE CHIEF OF POLICE 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 pre-planned 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 Sweetwater and the City of Aventura, 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 by subsequent declarations.
1) Joint multi jurisdiction criminal investigations.
2) Civil affray or disobedience, disturbance, riots, large protest demonstrations, controversial
trials,political conventions, labor disputes,and strikes.
3) Any natural disaster.
4) Incidents that require rescue operations and crowd 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 crimes scenes, area searches, perimeter control, backups to emergency and
in-progress calls,pursuits,and missing persons' calls.
9) Enemy attack.
10)Transportation of evidence requiring security.
7IPage
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)Participating in exigent situations, without the need for a formal request, which situations are
spontaneous occurrences such as area searches for wanted subjects, perimeters, crimes in
progress, escaped prisoners, traffic stops near municipal boundaries, request for assistance
when no available units are nearby, calls or transmissions indicating an officer is injured,
calls indicating a crime or incident has occurred in which a citizen may likely be injured and
the assisting municipality is closer to the area than the officer receiving the call.
17)Mutual enforcement of all existing applicable laws and ordinances and exercise of arrest
powers within the area comprising the respective jurisdictional municipal boundaries.
The following procedures will apply in mutual aid operations:
1) Mutual aid requested or rendered will be approved by the Chief of Police 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.
2) 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.
3) Incidents requiring mass processing of arrestees, transporting prisoners, and operating
temporary detention facilities will be handled per established procedures.
[SIGNATURES ON FOLLOWING PAGE]
81 Page
.4
..1/ Z------ /
Pl.-•ire-rr.rr Bryan P ues r."---
Chief
o 'olice Chief of Police
City of Sweetwater, Florida City of Aventu a, FlPrida
Date: ,3-,2.2 -P-017 Date: 91- 16
Attest: Attest:
-- 0111111. Ell, /el A k
Carmen Garci. , * n` .:y __.Gs:%r1 Horvath I
City Cl- '-% --e`+ ti�i° •rk
City of Sweetwater, Florida -\''---._1:. • ft. ventur , Flor'da
Date: 3 - 21 -Z.o( v <<ry4 Vit le.
Approved as to form and Approved as to form and
Legal sufficiency: legal sufficiency:
----,. (.7\i" ivb. (uiel
Guillermo Cuadra
City Attorney City Attorney 9 iti
Date: 3-ZZ— —Z-10 I 31 Date:
J 0
91 Page