Resolution No. 2020-07 Mutual Aid Agreement with Miami Shores Village for Law Enforcement Activities - January 7, 2020 RESOLUTION NO. 2020-07
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 SHORES VILLAGE 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 Shores Village 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.
The foregoing Resolution was offered by Commissioner Shelley, who moved its
adoption. The motion was seconded by Commissioner Mezrahi, and upon being put to
a vote, the vote was as follows:
Commissioner Denise Landman Absent
Commissioner Dr. Linda Marks Yes
Commissioner Gladys Mezrahi Yes
Commissioner Robert Shelley Yes
Commissioner Howard Weinberg Yes
Vice Mayor Marc Narotsky Yes
Mayor Enid Weisman Yes
City of Aventura Resolution No. 2020-07
PASSED AND ADOPTED this 7th day of January, 2020.
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ENID WEISMAN, MAYO
,
mss` FLo*'
ATTEST:
ELLISA L. HORVATH, Cr
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
V-1( )-21/
CITY ATTORNEY
MUTUAL AID AGREEMENT
Between Miami Shores Village
and the City of Aventura
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 Shores Police Department
or the Aventura Police Department; and
Whereas, Miami Shores Village and the City of Aventura are so located in relation to each other
that it is to the advantage of each to receive and extend mutual aid in the form of law enforcement
services and resources to adequately respond to intensive situations, including, but not limited to,
natural or manmade disasters or emergencies as defined under § 252.34, Florida Statutes; 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 participating municipalities;and
Whereas,Miami Shores Village and the City of Aventura have the authority under§ 23.12, Florida
Statutes, et seq., the Florida Mutual Aid Act, to enter into a mutual aid agreement for law
enforcement service which provides for rendering of assistance in a law enforcement emergency.
NOW, THEREFORE, Miami Shores Village, a Florida municipal corporation, and the City of
Aventura, a municipal corporation, in consideration for mutual promises to render valuable aid in
time of necessity, do hereby agree to fully and faithfully abide by and be bound by the following
terms and conditions:
SECTION I: SHORT TITLE: Mutual Aid Agreement
SECTION II: 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.
SECTION III: 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 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 Shores Police
Department or the Aventura Police Department.
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c. Agency Head:Either the Chief of the Miami Shores Police Department,or Chiefs designees;
and the Chief of the Aventura Police Department, or the Chiefs designees.
d. The participating police department: The police department of any municipality in the State
of 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.
SECTION IV: OPERATIONS
a. In the event that a party to this Agreement is in need of assistance as set specified in the
applicable joint declaration, an authorized representative of the agency requiring
assistance shall notify the agency head or his/her designee from whom such assistance
is requested. The agency head 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.
b. The agency head in 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. The agency head's decision
in these matters shall be final.
c. 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 caused the request; provided, however,
that no party shall be required to unreasonably deplete its own personnel, equipment,
resources, facilities, and services in furnishing such mutual aid, as determined by the
furnishing party.
d. 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. However, each employee shall also be subject to the personnel rules,
regulations, procedures, and policies applicable to his or her employing agency.
e. The personnel and equipment that are assigned by the assisting agency head shall be under
the immediate command of a supervising officer designated by the assisting agency head.
Such supervising officer shall be under the direct supervision and command of the agency
head or his/her designee of the agency requesting assistance.
f. Whenever an officer or other employee is rendering assistance pursuant to this Agreement,
the officer or employee shall abide by and be subject to the rules and regulations, personnel
policies, general orders and standard operating procedures of his/her own employing
agency. If any such rule, regulation, personnel policy, general order or standard operating
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procedure is contradicted, contravened or otherwise in conflict with a direct order of a
superior officer of the requesting agency, then such rule, regulation, personnel policy,
general order or procedure shall control and shall supersede the direct order.
g. 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 agency head or his/her
designee of the requesting agency shall be responsible for the documentation of said
complaint to ascertain at a minimum:
1. The identity of the complainant.
2. An address where the complaining party can be contacted.
3. The specific allegation.
4. The identity of the accused employee(s) without regard 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 head or his/her designee of
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 V: POWERS, PRIVILEGES, IMMUNITIES, COSTS
a. All employees of the participating 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, rights, privileges,
and immunities as if they were performing their duties in the political subdivision in which
they are normally employed.
b. 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.
c. 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.
d. All exemptions 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
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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 the Mutual Aid Agreement. The provisions
of this Agreement shall apply with equal effect to paid and auxiliary employees.
e. Nothing herein shall prevent the requesting agency from requesting supplemental
appropriations from the governing authority having budgeting jurisdiction to reimburse the
assisting agency for any actual costs or expenses incurred by the assisting agency
performing hereunder.
f. Nothing in this agreement is intended or is to be construed as any transfer or contracting
away of the powers or functions of one party hereto to the other.
g. This Agreement creates no rights or benefits in favor of any third parties and there are no
intended third party beneficiaries with regard to the provisions herein.
SECTION VI: 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 engaged
in rendering such aid pursuant to this agreement, subject to the provisions of Section 768.28, Florida
Statutes, where applicable.
SECTION VII: FORFEITURES
a. In the event that a participating agency seizes any real property, vessel, motor vehicle,
aircraft, currency or other property pursuant to the Florida Contraband Forfeiture Act
during the performance of this agreement, the agency requesting assistance in the case
of requested operational assistance and the seizing agency in the case of voluntary
cooperation shall be responsible for maintaining any forfeiture action pursuant to
Chapter 932, Florida Statutes. The agency pursuing the forfeiture action shall have the
exclusive right to control and the responsibility to maintain the property in accordance
with Chapter 932, Florida Statutes, to include, but not be limited to, the complete
discretion to bring the action or dismiss the action.
b. All proceeds from forfeited property seized as a result of or in accordance with this
agreement shall be divided in proportion to the amount of investigation and participation
performed by each agency, less the costs associated with the forfeiture action.
SECTION VIII: 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.
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SECTION IX: EFFECTIVE DATE
This agreement shall take effect upon execution and approval by the hereinafter named officials
and shall continue in full force and effect until January 1, 2025. Under no circumstances may this
agreement be renewed, amended, or extended except in writing.
SECTION X: CANCELLATION
Any party may cancel its participation in this agreement upon sixty (60) days written notice to the
other party or parties. Cancellations will be at the discretion of any subscribing party.
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IN WITNESS WHEREOF, the parties hereto cause these presents to be signed on the date
specified.
etki:vt_co
Thomas Benton Ronald J. W.:
•
Village Manager City Manager
Miami Shores Village, FL City of Aventura
Date: Date: )--7/aoc9.0
Attest: As,► ._ _ � � ttest:
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Ysabely Rodriguez << — cxcov'cfr Ellisa L. Horvath, �C
Village Clerk �� City
Clerk
Miami Shores Village, FL City of Aventura
Approved as to form Approved as to form
and legal sufficiency: and legal sufficiency:
Richard Sarafan Weiss, Serota, Helfman, Cole, &
Village Attorney Bierman, P.L.
Miami Shores Village, FL City Attorney
City of Aventura
Filing the mutual aid agreement:section 23.1225(4), Florida statutes, requires the filing of a copy of the
signed mutual aid agreement with FDLE within 14 days after signature. Filing may be accomplished by
either mailing to FDLE,P.O.Box 1489, Tallahassee,FL 32302,attention: mutual aid,or fax to 904-488-
1760.
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JOINT DECLARATION OF THE CHIEF OF THE
MIAMI SHORES POLICE DEPARTMENT
AND THE CHIEF OF THE 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 his/her designee; or
• appropriately dispatched in response to a request for assistance from the other law
enforcement agency; or
• spontaneous response where assistance or aid is apparent (see #9 below)
In compliance with, and under the authority of, the Mutual Aid Agreement, heretofore
entered into by Miami Shores Village and the City of Aventura, 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 multi jurisdictional criminal investigations.
2. Civil affray or disobedience, disturbances, riots, large protest demonstrations, controversial
trials, political conventions, labor disputes and strikes.
3. Any natural, technological or man-made disaster.
4. Incidents which require rescue operations, 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 persons calls.
9. Participating in exigent situations without a formal request which are spontaneous occurrences
such as area searches for wanted subjects, perimeters, crimes in progress, escaped prisoners.
Traffic stops near municipal boundaries, request for back-up assistance and no local unit is
available or 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.
10. Enemy attack.
11. Transportation of evidence requiring security.
12. Major events; e.g., sporting events, concerts, parades, fairs, festivals, and conventions.
13. Security and escort duties for dignitaries.
14. Emergency situations in which one agency cannot perform its functional objective.
15. Incidents requiring utilization of specialized units; e.g., underwater recovery, aircraft, canine,
motorcycle, bomb, crime scene, marine patrol, and police information.
16. Joint training in areas of mutual need.
/37
Kevin Lystad Bryan Pegues
Chief of Police Chief of Police
Miami Shores Police Department Aventura Police Department
ATTEST: Ake, T:
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City Clerk -'tom #
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