Resolution No. 2024-10 Mutual Aid Agreement with City of North Miami for Law Enforcement Activities - February 6, 2024 CITY OF AVENTURA RESOLUTION NO. 2024-10
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 NORTH 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 North 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 Commissioner Dr. Marks, who moved its
adoption. The motion was seconded by Vice Mayor Kruss, and upon being put to a vote,
the vote was as follows:
Commissioner Amit Bloom Yes
Commissioner Rachel S. Friedland Yes
Commissioner Billy Joel Yes
Commissioner Dr. Linda Marks Yes
Commissioner Michael Stern Yes
Vice Mayor Paul A. Kruss Yes
Mayor Howard S. Weinberg Yes
City of Aventura Resolution No. 2024-10
PASSED AND ADOPTED this 6t" day of February, 2024.
WARD S. WEINBERG, ESQ.
MAYOR
ATTEST:
ELLISA L. HORVA , MMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
71 '�I -
ROBERT MEYERS
CITY ATTORNEY
WEISS SEROTA HELFMAN COLE + BIERMAN, P.L.
Page 2 of 2
MUTUAL AID AGREEMENT
Between City of Aventura Police Department
and City of North Miami Police Department
WHEREAS, it is the responsibility of the governments of the City of Aventura,
Florida and the City of North Miami, 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 that 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, the parties agree as follows:
1. Short title: Mutual Aid Agreement
2. Description: The Mutual Aid Agreement provides for the requesting rendering
of assistance for both routine and intensive law enforcement situation(s). 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 that 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 become part
of this Agreement. Said declaration may be amended or supplemented at
any time by the agency heads by filing a subsequent declaration with the
clerks of the respective political subdivisions.
B. Agency or participating law enforcement agency: Either the City of
Aventura Police Department or the North Miami Police Department.
C. Agency Head: Either the Chief of the Aventura Police Department, or the
Chiefs designees, and the Chief of Police of the City of North Miami Police
Department, or the Chiefs 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 employee: 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 agencyfrom which
such assistance is requested. The authorized agency representative whose
assistance is sought shall evaluate the situation and its available resources
and will respond in a responsible manner.
B. 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
that caused the request; provided however, that no party shall be required
to deplete unreasonably its own manpower, equipment, facilities, resources,
and services in rendering such assistance.
C. The agency heads of the participating law enforcement agencies 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.
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 the 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. A party that furnishes equipment pursuant to this Cooperation 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.
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.
The compensation shall include any amounts paid or due or compensation
due to personal injury or death while such employees are engaged in
rendering such aid. The compensation shall also include all benefits
normally due to such employees.
D. 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 extraterritorially under the
provisions of this Mutual Aid Agreement. The provision 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. Should either agency participating in an operation or mission under this
agreement receive reimbursement for expenditures from a third party for a
mutual aid event covered by this Cooperation Agreement, the other party
shall be eligible to receive an equitable reimbursement share for any actual
costs or expenses incurred that are directly attributable to the event,
provided such costs and expenses are authorized by the third party for
reimbursement purposes.
6. Indemnification: To the extent allowed by law, each party agrees to hold
harmless, defend, and indemnify the other in any suit, action or claim for damages
resulting from any and all acts or conduct of its employees while providing aid pursuant
to this Agreement. Nothing is intended to be a waiver of the limitation placed upon the
Parties' liability as set forth in Section 768.28. Florida Statutes.
7. Forfeitures: The municipality in which any property is seized pursuant
to the Florida Contraband Forfeiture Act shall have exclusive authority to initiate
forfeiture proceedings for any matters which arise from a mutual aid event that is
covered by this Cooperation 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 settle the forfeiture. The property shall be
seized and forfeited in accordance with this agreement, and the proceeds, if any,
shall be equitably distributed among the participating municipalities/agencies in
proportion to the amount of investigation and participation performed by each
municipality/agency, less the costs associated with the forfeiture action.
8. 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. Whenever an officer
is rendering assistance pursuant to this 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.
9. 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 Cooperation 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 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.
10. Insurance: Each party shall provide satisfactory proof of liability insurance
by one or more of the means specified in Section 768.28(16) (a) of the Florida Statutes
(2010), in an amount which is, in the judgment of the governing body of that party, 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 notice or actual knowledge of such change.
11. Effective Date and Duration: This Agreement shall be in effect from
date of signing, through and including December 31, 2026. This Agreement shall not
be renewed, amended, or extended except in writing.
12. Cancellation: The 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.
AGREED TO AND ACKNOWLEDGED this
CITY OF NORTH MIAMI
E-SIGNED by Cherise Gause
on 2024-04-15 17:49:59 GMT
CHERISE G. GAUSE
CHIEF OF POLICE
Date:
E-SIGNED by rasha cameau
on 2024-04-15 21:09:59 GMT
RASHA CAMEAU
CITY MANAGER
Date:
ATTEST:
E-SIGNED by vanessa joseph
on 2024-04-29 18:59:54 GMT
VANESSAJOSEPH
CITY CLERK
Date:
29th day of April___-, 2024.
CITY OF AVENTURA
` . 1594t
MICHAEL BENTOLILA
CHIEF OF POLICE
Date: 02/06/2024
RONALD J. WASSON
CITY MANAGER
Date: 0.
i
ELLISA L HORVATH, MMC
CITY CLERK
Date: 02/06/2024
SIGNED AS TO FORM, LANGUAGE LEGALITY AND EXECUTION THEREOF:
E-SIGNED by Jeff Cazeau
on 2024-04-15 20:52:40 GMT
JEFF P. H. CAMEAU, ESQ.
CITY ATTORNEY
WEISS SEROTA HELFMAN, ET AL
CITY ATTORNEY