Resolution No. 2023-49 Law Enforcement Activities Mutual Aid Agreement - City of Sweetwater - October 3, 2023CITY OF AVENTURA RESOLUTION NO. 2023-49
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 Friedland, who moved its
adoption. The motion was seconded by Vice Mayor Bloom, 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
Absent
Commissioner Dr. Linda Marks
Yes
Commissioner Michael Stern
Yes
Vice Mayor Amit Bloom
Yes
Mayor Howard S. Weinberg
Yes
City of Aventura Resolution No. 2023-49
PASSED AND ADOPTED this V day of October 2023.
•
H WARD S. WEINBERG, ESQ.
MAYOR
ATTEST:
ELLISA L. HORVATH, C
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
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CITY ATTORNEY -
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OPERATIONAL ASSISTANCE
MUTUAL AID AGREEMENT
BETWEEN
THE CITY OF SWEETWATER, FLORIDA AND
THE CffY OF AVENTURA, FLORIDA
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conditions which are, or are likely to be, beyond the control of the services, personnel, equipment,
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WHEREAS, it is in the best interest and advantage of the City of Sweetwater and the City
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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, Florida Statutes; and
(3) Joint provision of certain law enforcement services specified herein and allowed
WHEREAS, the City of Sweetwater 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 combined
mutual aid agreement for law enforcement services which:
(1) Permits voluntary cooperation and assistance of a routine law enforcement nature
across jurisdictional lines; and
(2) Provides for rendering or assistance in a law enforcement emergency.
(3) its the provision of operational assistance to meet a request for assistance due
to a civil disturbance or other emergency as defined in Section 252.34, Florida
Statutes; and
(4) Penuits routine traffic patrol along boundary roads of neighboring jurisdictions
pursuant to Section 23.1225 Florida Statutes.
NOW, TBEREFORE, BE IT KNOWN, that the City of Sweetwater, 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 to and conditions.
SECTION 1: PROVISIONS FOR VOLUNTARY COOPERATION
Each of the aforesaid law enforcement agencies hereby approve and enter into this
agreement whereby each of the agencies may provide voluntary cooperation and assistance of a
routine low enforcement nature across jurisdictional lines. The nature of the law enforcement
assistance to be rendered shall include but not be limited to:
a. Concurrent law enforcement jurisdiction in and throughout the territorial limits of
the City of Sweetwater and the City of Aventura for felony and misdemeanor
arrests, made pursuant to the laws of arrest, including estable traffic offenses,
which spontaneously take place in the presence of the arresting officer, at such
times as the arresting officer is traveling from place to place on official business
outside of his or her jurisdiction, for example, to or from court, or at any time when
the officer is within the territorial limits of his or her jurisdiction.
b. Concurrent law enforcement jurisdiction in and throughout the territorial limits of
the City of Sweetwater 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
constituting a felony or any act of Domestic Violence as defined in Section 741.28,
Florida Statutes, when such offense occurred in the municipality employing the
arrestina Officer.
C. Concurrent law enforcement jurisdiction in and upon the jurisdictional waters of
the City of Sweetwater and the City of Aventura for arrests, made pursuant to the
law of arrest, for felonies, misdemeanors, and boating infractions.
& Participating in exigent situations, without the need for a formal request, including,
but not limited to, area 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.
e. Concurrent law enforcement jurisdiction in and throughout the territorial limits of
the City of Sweetwater and the City of Aventura for any investigation of a felony,
including, but not limited to: homicides, sex offenses, robberies, assaults, batteries,
burglaries, larcenies, gambling, motor vehicle thefts, financial crimes, drug
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violations pursuant to Chapter 893, Florida Statutes, and inter -agency task forces
and/or joint investigations.
f. Joint enforcement of all state laws and county ordinances city ordinances of the
City of Sweetwater and the City of Aventura and the exercise of arrest powers when
a crime of violence or felony of any nature occurs in the presence of any sworn law
enforcement officer, within the jurisdictional boundaries of either party.
Prior to any officer taking enforcement action pursuant to paragraphs (a) through (g) 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 them and offer any assistance requested
including, but not limited to, a follow-up written report documenting the event and the actions
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 exigent, critical, life -threatening,
or public safety situations, prevent bodily injury to citizens, or secure apprehension of criminals
whom the law enforcement officer may encounter.
SECTION 11: 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 law enforcement assistance to the other to
include, but not necessarily be limited to dealing with, the following:
1. Joint inuiti-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. Any act of terrorism as, defined in Section 775.30, Florida Statutes;
6. Escapes from, or disturbances within, prisoner processing facilities;
T Hostage, active shooter and barricaded subject situations and aircraft piracy;
8. Control of major crime scenes, area searches, perimeter control, back-ups to emergency
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and in -progress calls, pursuits. and missing person calk-,-
9. Enemy attack;
10. Transportation of evidence requiring security;
IL Major events, including but not limited to, spotting events, concerts, parades, fairs,
festivals, conventions and any National Special Security Event (NSSE) as designated by
the United States Department of Homeland Security;
11 Security and escort duties for dignitaries;
13. Incidents requiring utilization of specialized units, including but not limited to, underwater,
recovery, marine patrol, aircraft, canine, motorcycle, bicycle, mounted., SWAT, bomb,
crime scene, and police information;
14. Emergency situations in which one agency cannot perform its ftinctional objective;
15. Joint training in areas of mutual need-,
16. Joint multi jurisdictional marine interdiction operations; and
17. Off -duty special events-,
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the situation and the agency's available resources, consult with his/her supervisors, if necessary,
I The Chief of Police, or designee, 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.
to the ranking on -duty supervisor on the scene.
each agency's communications centers will maintain radio contact with each other until the mutual
aid situation has ended.
and operating temporary detention facilities will be handled per established procedures
SECTION IV: COMMAND AND SUPERVISORY RESPONSIBILITY
a. COMMAND:
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 of Police.
Such supervising officer shall be under the direct supervision mid command of tile Chief of Police
or his/her designee of the agency requesting assistance.
b. CONFLICTS:
Whenever an officer is rendering assistance pursuant to this 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 standing operating procedure is contradicted, contravened or otherwise in
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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.
C. HANDLING COMPLAINTS:
Whenever there is cause to believe that a complaint has arisenas a result of cooperative
effort as it may pertain to this agreement, the Chief of Police or his/her designee of the agency
employing the officer who is the subject of the complaint shall be responsible for the investigation
of the complaint. The Chief of Police or designee of the requesting agency should ascertain at a
minimum:
1. The identity of the complainant;
2. An address where the complaining party can be contacted;
3. The specific allegation; and
4. 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
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.
SECTION V. LLkBHITY
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 VI: POWERS, PRIVILEGES, IMMUNITIES AND COSTS
a. Employees of the City of Sweetwater and the City of Aventura , when actually engaging
in mutual cooperation and assistance outside of their normal jurisdictional lints but inside this
State, under the terms of this agreement, shall, pursuant to the provisions of Section 23.127(l),
Florida Statutes (as amended), have the same powers, duties, rights, privileges and immunities as
if the 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 faci I i ties and to
render services to each other party to this agreement as set forth above; provided, however, that no
party shall be required to deplete unreasonably its own personnel, equipment, 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 expense incurred in the operation
and maintenance of that equipment.
d. The political subdivision furnishing aid pursuant to this agreement shall compensate its
employees during the time of the rendering of aid and shall defray (provide for the payment of)
the actual travel and maintenance expenses of its employees while they are rendering aid, including
any amounts paid or due for compensation for personal injury or death while its employees are
rendering aid.
C. The privileges and immunities from liability, exemption from laws, ordinances and rules,
and pension., insurance, relief, disability, workers' compensation, salary, death, and other 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 extraterritorially
under the provision of this mutual aid agreement. This section applies to paid, volunteer, reserve,
part time and auxiliary employees.
f 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.
SECTION VII: FORFEITURES
a. In the event an 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.
The municipality/agencyNith 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 of each municipality/agency.
b. All proceeds from forfeited property as a result of or in accordance with this
agreement shall be equitably distributed on the participating agencies in proportion to the
amount of investigation and participation performed by each agency pursuant of the provisions of
the Florida Contraband Forfeiture Act., less the costs and attorney's fees associated with the
forfeiture action.
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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 cover the risk to which that party may be exposed. Should the insurance coverage,
however provided, of any party be canceled or undergo material change, that party shall notify
all parties to this agreement of such change within ten (10) days of receipt of the notice or actual
knowledge of such change.
SECTION IX: EFFECTIVE DATE
This agreement shall take effect upon full execution and approval by the hereinafter
named officials and shall continue in full force and effect for five years after it takes effect.
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subdivision to this mutual aid agreernent.
IN WITNESS WHEREOF, the parties hereto cause to these presents to be
signed on the date first written above.
AGREED AND ACKNOWLEDGED this 3rd day of October 2023
Im
164c "Pepe" DiaZ-
4 ity Mayor
City of Sweetwater
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Ralph VentrT,
City Attorney
Segio Diez
Chief'of Police
Em
an
FOR CITY OF AVENTURA
Ronald. J. Wasson
City Manager
Cfty of Aventura
Date. October 3, 2023
ATTEST:
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Ellisa L Horvath
City Clerk
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY:
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Robert Meyers
City Attorney
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Michael Bentolila
Chief of Police