Resolution No. 2021-33 Sunny Isles Beach Mutual Aid Agreement for Law Enforcement Activities - July 13, 2021 CITY OF AVENTURA RESOLUTION NO. 2021-33
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 THE CITY OF SUNNY ISLES 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 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 Sunny Isles Beach 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 Dr. Marks, who moved its
adoption. This motion was seconded by Commissioner Shelley, and upon being put to a
vote, the vote was as follows:
Commissioner Jonathan Evans Yes
Commissioner Rachel S. Friedland Yes
Commissioner Denise Landman Yes
Commissioner Marc Narotsky Yes
Commissioner Robert Shelley Yes
Vice Mayor Dr. Linda Marks Yes
Mayor Enid Weisman Yes
City of Aventura Resolution No. 2021-33
PASSED AND ADOPTED this 13th day of July, 2021 .
ENID WEISMAN, MAYOR
ATTEST:
ELLISA L. HORVAtkIMMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
CITY ATTORNEY
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MUTUAL AID AGREEMENT
Between the City of Sunny Isles Beach Police Department
and the City of Aventura Police Department
WHEREAS, it is the responsibility of the governments of the City of Sunny Isles
Beach, 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 manmade conditions which are,
or are likely to be, beyond the control of the services, personnel, equipment or
facilities of the participating municipal police departments; and
WHEREAS, in order to ensure the 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 Miami-Dade County municipalities; and
WHEREAS, the participating Miami-Dade County municipalities have the
authority under Chapter 23, Florida Statutes, Florida Mutual Aid Act, to enter into a
Mutual Aid Agreement.
NOW, THEREFORE, BE IT KNOWN, that the City of Sunny Isles Beach,
subdivision of the State of Florida, and the undersigned representatives; and the
City of Aventura, a subdivision of the State of Florida, and its undersigned
representatives; in consideration of 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. Description: Since the Mutual Aid Agreement provides for the requesting
and rendering of assistance for both routine and intensive law
enforcement 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.
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 Agency
Heads. Subsequent to execution by the 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 City of
Sunny Isles Beach Police Department or the City of Aventura Police
Department.
C. Agency Head: Either the Chief of the City of Sunny Isles Beach Police
Department, or the Chief's designees, and the Chief of Police of the City
of Aventura Police Department, or the Chief's designees.
D. Participating municipal police department: The police department of
any municipality in Miami-Dade County, Florida, that has approved and
executed this Agreement upon the approval of the governing body of the
municipality.
E. Certified law enforcement employees: Any law enforcement
employee certified as provided in Chapter 943, Florida Statutes.
4. Operations:
A. In 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
which such assistance is requested. The authorized agency
representative whose assistance is sought shall evaluate the situation and
his available resources, and will respond in a manner deemed
appropriate.
B. Each party to this Agreement agrees to furnish necessary man power,
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.
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5. Powers, Privileges, Immunities, and Costs:
A. All employees of the participating municipal police department,
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 regularly employed.
B. The political subdivision having financial responsibility for the law
enforcement agency providing the 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 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 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
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 extraterritorial under
the provisions of this Mutual Aid Agreement. The provision of this
Agreement shall apply with equal effect to paid and auxiliary
employees.
6. Indemnification: The political subdivision 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 political subdivision in any suit, action or claim
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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.
7. Forfeitures: It is recognized that during the course of the operation of the
Agreement, property subject to forfeiture under the Florida Contraband
Forfeiture Act, Florida Statutes, may be seized. The municipality/agency in
which any property is seized pursuant to the Florida Contraband Forfeiture
Act shall have exclusive authority to initiate forfeiture proceedings under the
Florida Contraband Forfeiture Act for any matters which arise from a mutual
aid event that is covered by this Agreement. However, the
municipality/agency with the right to proceed with the forfeiture may allow
the other municipality/agency to prosecute the forfeiture with the written
authorization of the Chief of Police and the legal counsel for each
municipality/agency. The municipality/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 the forfeiture. 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 Forfeiture Act.
8. 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 Chief of Police, or his/her designee, of the requesting agency shall be
responsible for the documentation of said complaint to ascertain at a
minimum:
A. The identity of the complainant.
B. An address where the complaining party can be contacted.
C. The specific allegation.
D. 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 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.
9. Conflicts: Any conflict 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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10. Effective Date and Duration: This Agreement shall be in effect from date
of signing, through and including January 1, 2026, and under no
circumstances may this Agreement be renewed, amended or extended
except in writing.
11. Cancellation: This Agreement may be canceled by either party upon sixty
(60) days written notice to the other party. Cancellation will be at the
discretion of the chief executive officers of the parties hereto.
AGREED AND ACKNOWLEDGED this day of 20
W
George H. Scholl Ronald J. son
Mayor City Mana r
City of Sunny Isles Beach, Florida City of Aventura, Florida
ATTEST: ATTEST:
Q
Mauricio Betancur Ellisa L. Horvath, MMC
City Clerk City Clerk
City of Sunny Isles Beach, Florida City of Aventura, Florida
APPROVED AS TO FORM AND LEGAL SUFFICIENCY:
L14 k_m�:f�
Ed Dion David . Wolpin
City Attorney City Attorney
City of Sunny Isles Beach, Florida City of Aventura, Florida
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JOINT DECLARATION
OF THE CHIEF OF THE CITY OF SUNNY ISLES BEACH POLICE DEPARTMENT
AND THE CHIEF OF THE CITY OF AVENTURA POLICE DEPARTMENT
PURSUANT TO MUTUAL AID AGREEMENT
A deputy sheriff or 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, hereto
entered into by the City of Sunny Isles Beach, Florida, 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 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 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, backups to
emergency and in-progress calls, pursuits, and missing persons calls
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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,
canine, motorcycle, crime scene, marine patrol enforcement or
investigation, and police information
15. Joint training in areas of mutual need
16. 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 assistance and no local unit is available
or nearby, calls or transmissions indicating an officer is injured, calls
indicating a crime of 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 jurisdictional
waters within respective municipal boundaries
DATE: DATE: July 13, 2021
Dwight P. Snyder Bryan Pegues
Chief of Police. Chief of Police
Sunny Isles Beach, Florida Aventura, Florida
APPROVED AS TO FORM AND LEGAL SUFFICIENCY:
Ed Dion David M. Wolpin
City Attorney, City Attorney,
Sunny Isles Beach, Florida. Aventura, Florida
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