Resolution No. 2023-39 Mutual Aid Agreement with City of Miami for Law Enforcement Activities - September 5, 2023 CITY OF AVENTURA RESOLUTION NO. 2023-39
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 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 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 Bloom, who moved its
adoption. This motion was seconded by Commissioner Kruss, and upon being put to a
vote, the vote was as follows:
Commissioner Rachel S. Friedland Yes
Commissioner Billy Joel Yes
Commissioner Paul A. Kruss Yes
Commissioner Dr. Linda Marks Yes
Commissioner Michael Stern Yes
Vice Mayor Amit Bloom Yes
Mayor Howard S. Weinberg Yes
PASSED AND ADOPTED this 5ch day of September, 2023.
City of Aventura Resolution No. 2023-39
HOWARD S. WEINBERG, E
MAYOR
ATTEST:
ELLISA L. HORVATH, MMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
CITY ATTORNEY-
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COMBINED VOLUNTARY COOPERATION AND
OPERATIONAL ASSISTANCE
MUTUAL AID AGREEMENT
BETWEEN
THE CITY OF IA I, FLORIDA AND
THE CITY OF AVENTURA
This Voluntary Cooperation and Operational Assistance Mutual Aid Agreement is made
as of this_ day of , 2020 by and between the CITY OF M IA M 1, FLORIDA,
a Florida municipal corporation, having its principal office at 3500 Pan American Drive, Miami,
Florida 33133, and the CITY OF AVENTURA, FLORIDA,a Florida municipal corporation having
its principal office at 19200 W.Country Club Drive,Aventura, Florida 33180, and states as follows:
WHEREAS, it is the responsibility of the governments of the City of Miami, 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, there is an 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 Miami Police
Department or the City of Aventura Police Department; and
WHEREAS,the City of Miami and the City of Aventura are so located in relation to each
other that it is in the best interest and advantage of each to receive and extend mutual aid in the
form of law enforcement services and resources to adequately respond to:
(1) Continuing, multi-jurisdictional criminal activity, 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, natural or man-made disasters or
emergencies as defined under Section 252.34, Florida Statutes; and
(3) Joint provision of certain law enforcement services specified herein and allowed
pursuant to Florida Statute 1 . ; and
the City of Miami and the City of Aventura have the authority under The
Mutual Aid Act, Chapter 23, Part I, Florida Statutes, to enter into a combined mutual aid
agreement for law enforcement services which:
(1) Permits voluntary cooperation and assistance of a routine law enforcement nature
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across jurisdictional lines; and
( ) Provides for rendering of assistance in a lava enforcement emergency.
NOW,THEREFORE,BE IT KNOWN, that the City of Miami, a political subdivision of the
State of Florida, and the City of Aventura, a political subdivision of the State of Florida, 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.
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SECTION 1: PROVISIONS FOR VOLUNTARY COOPERATION
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Each of the aforesaid law enforcement agencies hereby approve and enter into this
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agreement here y each of the agencies may provide voluntary cooperation and assistance of a
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routine law enforcement nature across jurisdictional lines. The nature of the law enforcement
assistance to be rendered shall include but not be limited to.
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I ae Concurrent law enforcement jurisdiction in and throughout the territorial limits of
d the City of Miami and the City of Aventura for arrests, made pursuant to the laws
r of arrest, for felonies and misdemeanors, including arrestable traffic offenses,
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which spontaneously take place in the presence of the arresting officer, at such
times as the arresting officer is traveling from lace to place on official business
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outside of his or her jurisdiction, for example, to or from court,or at anytime when
the officer is within the territorial limits of his or her jurisdiction.
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b. Concurrent law enforcement jurisdiction in and throughout the territorial limits of
the City of Miami and the City of Aventura for arrests, made pursuant to the laws
of arrest, of persons identified as a result of investigations of any offense
l constituting a felony or any act of Domestic Violence as defined in Section 741.E ,
Florida Statutes, when such offense occurred in the municipality employing the
arresting officer.
C. Concurrent law enforce enjurisdiction in and upon the jurisdictional waters of the
City of Miami and the City of Aventura for arrests, made pursuant to the laws of
arrest, for felonies and misdemeanors and boating infractions.
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d.
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Participating in exigent situations, without the need for a formal request, including,
but not limited to, areas searches for wanted subjects, perimeters, crimes in
progress, escaped prisoners, traffic stops near municipal boundaries, requests for
assistance when no available local units are nearby, 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.
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e. Concurrent law enforcement jurisdiction in and throughout the territorial limits of
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the City of Miami and the City of Aventura for investigations of homicides, sex
offenses, robberies, assaults, batteries, burglaries, larcenies, gambling, motor
vehicles thefts,drag violations pursuant to Chapter 393, Florida Statutes, and inter-
agency task forces and/or joint investigations.
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Prior to any officer taking enforcement action pursuant to paragraphs (a) through (e)
above, the officer shall notify 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. If the agency having normal jurisdiction responds to the scene the
assisting agency's officer may turn the situation over to the and offer any assistance requested
including, but not limited to,a follow-up written report documenting the event and the action taken.
These provisions are not intended to grant general authority to conduct investigations,
serve warrants and/or subpoenas or to respond without request to emergencies 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
who the law enforcement officer may encounter.
SECTION II: PROVISIONS FOR OPERATIONAL ASSISTANCE
The aforesaid law enforcement agencies hereby approve and enter into this agreement
whereby each of the agencies may request and render is enforcement assistance to the other
to include, but not necessarily be limited to dealing with, the following:
1. Joint multi-jurisdictional criminal investigations
2. Civil affray or disobedience, disturbances, riots, large protest demonstrations and
assemblies, controversial trials, political conventions, labor disputes, and strikes.
3. Any natural, technological, or manmade 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, prisoner processing facilities.
7m Hostage and barricaded subject situations, and aircraft piracy.
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8.
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Control of major crime scenes, area searches, perimeter control, back-ups to
emergency and in-progress calls, pursuits, and missing person calls.
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9. Enemy attack.
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1 . Transportation of evidence requiring security.
11, Major events, e.g., sporting events, concerts, parades, fairs, festivals, and
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I conventions.
12. Security and escort duties for dignitaries.
1 . Incidents requiring utilization of specialized units, e.g., underwater recovery,
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marine patrol, aircraft,canine, motorcycle, bicycle, mounted, SWAT, bomb, come
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scene and police information.
14. Emergency situations in which one agency cannot perform its functional objective.
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15. Joint training in areas of mutual need.
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1 . Joint multi jurisdictional marine interdiction operations.
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18. DUI Checkpoints.
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SECTION III: PROCEDURE FOR REQUESTINGOPERATIONAL ASSISTANCE
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1. Mutual aid requested or rendered will be approved by the Chief of Police, or
designee. The Chief of Police, or designee, of the agency whose assistance is sought shall
evaluate the situation and the agency's available resources, consult with his/her supervisors, if
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2. The Chief of Police in whose jurisdiction assistance is being rendered may
determine who is authorized to lend assistance in his/her jurisdiction, for how long such
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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.
3. Specific reporting instructions for personnel rendering mutual aid will be included
in the request for mutual aid. In the absences of such reporting instructions, personnel will report
to the ranking on-duty supervisor on the scene.
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. Communications instructions should be included in each request for mutual aid
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and each agency's communications centers will maintain radio contact with each other until the
mutual aid situation has ended.
� . Incidents requiring mass processing of arrestees, transporting prisoners, and
operating temporary detention facilities will be handled per established procedures of the
3 requesting agency or Chief of Police involved.
SECTIOND AND SUPERVISORY RESPONSIBILITY
a. COMMAND:
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The personnel and equipment that are assigned by the assisting Chief of Police shall be
under the immediate command of a supervising officer designated by the assisting Chief
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of Police. 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.
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CONFLICTS:
`fWhenever an officer is rendering assistance pursuant to this agreement, the officer shall
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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
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policy, general order or standing operating procedure is contradicted, contravened or otherwise
in conflict with a direct order of a superior officer of the requesting agency, then such rule,
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regulation, policy, general order, or procedure shall control and shall supersede the direct order.
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Cm 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 Chief of Police or his/her designee of the agency
employing the officerwhoisthe subject of the complaint shall be responsible forthe investigation
a of the complaint. The Chief of Police or designee of the requesting agency should ascertain at a
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® An address where the complaining can be contacted;
3. The specific allegation; and
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. The identity of the employees accused without regard as to agency affiliation.
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
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the receipt and processing of the complaint, shall be forwarded itou 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.
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SECTION LIABILITY
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Each party engaging in any mutual cooperation and assistance, pursuant to this
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agreement, agrees to assume responsibility for the acts, omissions or conduct of such pa `s
J; own employees while engaged in rendering such aid pursuant to this agreement, subject to the
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provisions of Section 76 .2 , Florida Statutes, where applicable.
SECTION Id POWERS, PRIVILEGES, IMMUNITIES AND COSTS
a. Employees of the City of Miami and the City of Aventura when actually engaging
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in mutual cooperation and assistance outside of their normal jurisdictional limits but inside this
State, under the terms of this agreement, shall, pursuant to the provisions of Section 23.17(1),
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Fla. Stat. (as amended), have the same powers, duties, rights, privileges and immunities as if the
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employee was performing duties inside the employee's political subdivision in which normally
employed.
b. Each party agrees to furnish necessary personnel equipment, resources, and
i facilities and to render services to each other party to this agreement as set forth above; provided,
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however, that no party shall be required to deplete unreasonably its oven personnel, equipment,
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resources, facilities, and services in furnishing such mutual aid.
C. The political subdivision that furnishes equipment pursuant to this agreement must
bear the cost of loss or damage to that equipment and must pay any expenses incurred in the
operation and maintenance of that equipment.
. The political subdivision furnishing aid pursuant to this agreement shall
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compensate its employees during the time timeof the rendering of aid and shall defray( rovie for the
payment of) the actual travel and maintenance expenses of its employees while they are
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rendering aid, including any amounts paid or due for compensation for personal injury or death
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while its employees are rendering aid.
e. The privileges and immunities from liability, exemption from laves, ordinances and
rules, and pension, insurance, relief, disability, workers" compensation, salary, death, and other
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benefits that apply to the activity of an employee of an agency when performing the employee's
duties within the territorial limits of the employee's agency apply to the employee to the same
degree, manner, and extent while engaged in the performance of the employee's duties
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extraterritorially under the provisions of this mutual aid agreement. This section applies to paid,
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volunteer, reserve, and auxiliary employees.
f, Nothing herein shall prevent the requesting agency from requesting supplemental
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appropriations from the governing authority having budgeting jurisdiction to reimburse the
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assisting agency for any actual costs or expenses incurred by the assisting agency performing
hereunder.
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SECTION I : FORFEITURES
It is recognized that during the course of the operation of this agreement, property subject
to forfeiture under Sections 932.701 ® 932.707, Florida Statutes, known as the "Florida
Contraband Forfeiture Act," may be seized. The property shall be seized, forfeited,and equitably
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distributed among the participating agencies in proportion to the amount of investigation and
participation performed by each agency pursuant to the provisions of the "Florida Contraband
k ForfeitureAct."
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SECTION III: INSURANCE
lEach political subdivision shall provide, upon requests satisfactory proof of liability
insurance by one or more of the means specified in Section 768.28, Florida Statutes, in an amount
which is, in the judgment of the governing body of that political subdivision, at least adequate to
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cover the risk to which that pay may be exposed. Should the insurance coverage, however
provided, of any party be canceled or undergo material change, that party shall notify all parties
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to this agreement of such change within tern (10) days of receipt of the notice or actual knowledge
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of such change.
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SECTION IX: EFFECTIVE DATE
This agreement shall take effect upon execution and approval by the hereinafter named
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officials and shall continue in full force and effect until September 1, 2028. Under no
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circumstances may this agreement be renewed, amended, or extended except in writing.
SECTION X: CANCELLATION
Either party may cancel its participation in this agreement upon delivery of written notice
to the other political subdivision.
IN WITNESS WHEREOF,the parties hereto cause to these presents to be signed on the
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date first written above.
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AGREED ACKNOWLEDGED this 5th day of September 92023
V
RONALD J. WASSON ART ARTHUR NORIEGA
City Manager City Manager
City of Aventura City of Miami
Date: 9/5/2023 ate:
ATTEST: ATTEST:
ELLISA Ls HORVATH TO
City Clerk City Clerk
City of Aventura City of Miami
APPROVED S TO FORM AND APPROVED AS TO FORM AND
LEGAL SUFFICIENCY LEGAL SUFFICIENCY
o er eyers VICTORIA
City Attorney City Attorney
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iC LB E'-NTOLILA MANUEL MORALES
Chief of Police Chief of Police
City of Aventura City of Miami
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APPROVED S TO INSURANCE
REQUIREMENTS:
ANN-IVIARIE SHARP
Risk Management Director
City of Miami, Florida
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IN WITNESS WHEREOF, the parties hereto cause to these presents to be signed on the
date first written above.
AGREED AND ACKNOWLEDGED this
RONALD J. WASSON
City Manager
City of Aventura
Date:
ATTEST:
ELLISA L. HORVATH
City Clerk
City of Aventura
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
JOSEPH NATIELLO
Office of the City Attorney
MICHAEL BENTOLILA
Chief of Police
City of Aventura
Counterparts and Eleetroitic silsuat.res This Agreement may be executed in
any number of counterparts, each of which so executed shall be deemed to be an
original, and such counterparts shall together constitute but one and the same
Agreement. The parties shall be entitled to sign and transmit an electronic
signature of this Agreement (whether by facsimile, PDF or other email
transmission). which signature shall be binding on the Party whose name is
contained therein. Any Party providing an electronic signature agrees to
Promptly execute and deliver to the other parties an original signed Agreement
upon request.
day of .2023.
City of Miami
Date:
ATTEST:
�DB.HA
City Clerk
City of Miami
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
VICTORIA M ND
City Attorney
()CP / 23-1989 - City of Aventura - MAA)
4't -
MANUEL MORALES
Chief of Police
City of Miami
APPROVED AS TO INSURANCE
REQUIREMENTS:
Quevedo, Terry *` """dbyw'd''
0".2023"25 11:24;n- W
ANN-MARIE SHARPE
Risk Management Director
City of Miami, Florida