Resolution No. 2023-01 Mutual Aid Agreement with City of Miami Gardens for Law Enforcement Activities - January 5, 2023 CITY OF AVENTURA RESOLUTION NO. 2023-01
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 MIAMI GARDENS 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 Gardens 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 Stern, who moved its
adoption. This motion was seconded by Commissioner Kruss, and upon being put to a
vote, the vote was as follows:
Commissioner Amit Bloom Yes
Commissioner Rachel S. Friedland Yes
Commissioner Paul A. Kruss Yes
Commissioner Dr. Linda Marks Yes
Commissioner Michael Stern Yes
Vice Mayor Billy Joel Yes
Mayor Howard S. Weinberg Yes
PASSED AND ADOPTED this 5th day of January, 2023.
City of Aventura Resolution No. 2023-01
HOWARD S. WEINBERG, E Q.
�` MAYOR
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ATTEST-
ELLISA L. HORVAT , MC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
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CITY ATTORNEY
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VOLUNTARY COOPERATION AND OPERATIONAL ASSISTANCE
MUTUAL AID AGREEMENT
BETWEEN THE CITY OF MIAMI GARDENS
AND THE CITY OF AVENTURA
This Voluntary Cooperation and Operational Assistance Mutual Aid
Agreement ("Cooperation Agreement") is made by and between the CITY
OF AVENTURA, FLORIDA, a municipal corporation having its principal
office at 19200 W Country Club Drive, Aventura, Florida 33180, and
the CITY OF MIAMI GARDENS, FLORIDA, having its principal is at 18605
NW 27 th Avenue, Miami Gardens FL 33056, state as follows:
WHEREAS, it is the responsibility of the governments oft City of Miami
Gardens 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 is are, or are likely to be, beyond the control of the services,
personnel, equipment, or facilities of the Miami Gardens Police Department
and the Aventura Police Department; and
WHEREAS, in order to ensure that preparation ofthese law enforcement
agencies will be adequate to address any and all oft conditions, to protect
the public peace and safety, and to preserve the lives and property of the people
oft City of Miami Gardens and City of Aventura; and
WHEREAS, it is to the advantage of each law enforcement 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 of the Florida Statutes, or requests for certain
law enforcement services specified herein and as defined under Section
23.1225 of the Florida Statutes; and
WHEREAS, the City of Miami Gardens and the City of Aventura have
the authority under Section 23.12, Florida Statutes, et seq., the Florida Mutual
Aid Act, to enter into a mutual aid agreement for law enforcement service is
provides for rendering of assistance in a law enforcement service,
NOW, THEREFORE, that the City of Miami Gardens, a political
subdivision oft State of Florida, and the City of Aventura, in consideration for
Fmutual promises to render valuable aid in times of necessity, do hereby agree to
fully and faithfully abide ide y and be bound by the following terms and conditions:
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SECTION
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to PROVISIONS FOR VOLUNTARYCOOPERATION
Each of the aforesaid law enforcement agencies hereby approve and
enter into this Cooperation Agreement whereby each of the agencies may
request and render law enforcement assistance tote other in dealing it
any violations of Florida Statutes to include, but not necessarily be limited
to, investigating sex offenses, robberies, assaults, batteries, burglaries,
larcenies, gambling, rotor vehicle thefts, drug violations pursuant to Chapter
893 of the Florida Statutes, backup services during patrol activities, and
y interagency task forces and/or joint investigation as set forth pursuant to, and
under the authority of Chapter 23 of the Florida Statutes.
rSECTION 11. PROVISIONS FOR OPERATIONAL ASSISTANCE
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The aforesaid law enforcement agencies hereby approve and eater into
}� this Cooperation Agreement whereby each of theagencies a request and
render law enforcement assistance to the other to include, but not necessarily
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be limited to dealing with, the following:
1. Joint multi-jurisdictional criminal investigations.
. Civil affray or disobedience, disturbances, riots, large protest
demonstrations and assemblies, controversial trials, political
conventions, labor disputes, and strikes.
. Any natural disaster.
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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.
. Terrorist activities including, but not limited to, acts of sabotage.
6. Escapes from, or disturbances within„ prisoner processing facilities.
7. Hostage and barricaded subject situations, and aircraft piracy.
. Control of major crime scenes, area searches, perimeter control, back-
ups to emergency n in-progress calls, pursuits, n missing person
calls.
. Enemy attack.
10. Transportation of evidence requiring security.
11. Major events, ., sporting events, concerts, parades, fairs, festivals, and
conventions.
12. Security and escort duties for dignitaries.
1 . Incidents requiring utilization of specialized units; e.g., underwater
recovery, aircraft, canine, motorcycle, bomb, crime scene
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police information.
14. Emergency situations in is one agency cannot perform its functional
objective.
15. Joint training in areas of mutual need.
16. Joint multi-jurisdictional marine interdiction operations
The following procedures will apply in mutual aid operations:
1. Mutual aid requested or rendered will be approved by the Chief of
Police, or his/her designee.
2. Specific reporting instructions for personnel rendering mutual aid will 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.
3. 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.
4. 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 Ill. PROCEDURE FOR REQUESTING ASSISTANCE
In the event that a party to this Agreement is in need of assistance as set
forth above, an authorized representative oft 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 available resources, and will respond in a manner deemed
appropriate.
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.
The Chief of Police 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.
Should a law enforcement officer be in another subscribed agency's
jurisdiction for matters of a routine nature, such as traveling through the area
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on routine business, attending a meeting or going to or from or , and a
violation of Florida Statutes occurs in the presence of said party, representing
his/her respective agency, HE/SHE SHALL ONLY BE EMPOWERED TO
RENDER ENFORCEMENT ASSISTANCE AND ACT IN ACCORDANCE
WITH FLORIDA LAW. Should enforcement assistance betaken, said party
shall notify the agency having normal jurisdiction, and upon the latter's
arrival, turn the situation over tote and offer any assistance requested,
including but not limited to, a follow-up written report documenting the event
and the actions taken, This provision, so prescribed in this paragraph, shall
not grant general authority to conduct investigations, serve warrants, and/or
subpoenas or to respond without request toemergencies already 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 and such encounter results in a breach of the peace.
The parties acknowledge that the policy of the Florida Mutual Aid Act is
to provide a means to deal with disasters, emergencies, and other major law
enforcement problems. This Cooperation Agreement shall not extend police
powers beyond the specific additional authority granted by the Legislature in
Chapter 23 of the Florida Statutes, which intent was to assure the continued
functioning of law enforcement in times of emergencies or in areas where
major law enforcement efforts were being thwarted by jurisdictional barriers,
and the respective parties, police officers and authority are limited to those
instances where the subject matter of the investigation originates inside the
municipal city limits.
SECTION IV. COMMAND AND SUPERVISORY RESPONSIBILITY
The personnel and equipment that are assigned by the assisting Agency shall
be under the immediate command of a supervising officer designated by the
assisting Agency. Such supervising officer shall be under the direct supervision and
command of the Chief of Police or his/her designee of the agency requesting
assistance.
SECTION V. CONFLICTS
Whenever an officer is rendering assistance pursuant tothis Cooperation
Agreement, the officer shall abide by and be subject to the rules and
regulations, personnel policies, general orders, and standard operating
procedures of his/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 shall control and shall supersede the direct order.
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SECTION VI. HANDLING 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 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 oft 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 oft assisting agency for administrative
review. The requesting agency may conduct a review oft complaint to
determine if any factual basis fort complaint exists and/or whether any of the
employees of the requesting agency violated any of their agency's policies or
procedures.
SECTION Vill. INDEMNIFICATION
Each party engaging in any mutual cooperation and assistance, pursuant to
this Agreement, agrees to assume responsibility forte acts, omissions, or
conduct of such party's own employee while engaged in rendering such aid
pursuant to this Agreement subject to the provisions of Section 768.28, Florida
Statutes, where applicable.
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 for damages resulting from any
and all acts or conduct of employees of said providing agency it providing aid
pursuant to this Agreement, subject to Chapter 768, Florida Statutes, where
applicable.
SECTION III® POWERS, PRIVILEGES, IMMUNITIES AND COSTS
A. All employees of the participating municipal 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 oft jurisdictional limits oft 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,
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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 tote Agreement
during the time oft rendering of such aid and shall defray the actual
travel and maintenance expenses of such employees it they are
rendering such aid. Such compensation shall include any amounts paid or
due for compensation due to personal injury or death it such
employees are engaged in rendering such aid. Such compensation shall
also include all benefits normally due such employees.
D. All exemption from ordinances and rules, and all pensions, insurances,
relief, disability, workers' compensation, salary, death, and other benefits
is 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 the to the
same degree, manner, and extent it engaged in the performance of
their functions and duties extra territorially under the provisions of this
Agreement. The provisions of this Agreement shall apply with equal effect
to paid and auxiliary employees.
E. This agreement creates no rights or benefits in favor or any it parties
and there are no intended third party beneficiaries with regard to the
provisions herein.
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.
SECTION IX. FORFEITURES
During the course of this Agreement, real property, vessel, motor vehicle,
aircraft, currency or other property may be seized and subject to forfeiture under
the Florida Contraband Forfeiture Act,. The jurisdiction in which the property was
seized shall be considered the seizing agency. The seizing 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
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include, but not be limited to, the complete discretion to bring the action or
dismiss the action.
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All proceeds from the forfeited propertys a result of or in accordance with
x this Agreement shall be equitably distributed amongthe participating agencies in
l proportion to the amount of investigation and participation performed by each
agency less the costs associated with the forfeiture action.
SECTION EFFECTIVE DATE AND DURATION
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This Agreement shall be in effect from ate of signing, through and including,
> January 1, 2025. Under no circumstances may this Agreement be renewed,
amended, or extended except in writing.
SECTION X: CANCELLATION
{ This Agreement may be cancelled by either party upon sixty ( 0) days written
notice to the other
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Ronald
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City Manager City Manager
City of Miami Gardens, Floridai of Aventura, Florida
ATTEST:
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Mario ataille, City Clerk Ellisa Le Horvath, City Clerk
City of Miami Gardens Florida City of Aventura, Florida
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j APPROVED TO FORM APPROVED AS TO FOR
AND LEGAL S FI IENCY AND LEGAL SUFFICIENCY
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lWeiss Serota Helfman Cole
Ci Attorney Bierman & Popak
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City f Miami Gardens, FloridaCity Attorney
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City of Aventura, Florida
266438—I.DOC
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