Resolution No. 2024-62 Mutual Aid Agreement with Town of Bay Harbor Islands for Law Enforcement Activities - October 1, 2024 CITY OF AVENTURA RESOLUTION NO. 2024-62
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 TOWN OF BAY HARBOR ISLANDS 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 Town of Bay Harbor Islands 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 Commissioner Bloom, 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 Paul A. Kruss Yes
Vice Mayor Dr. Linda Marks Yes
Mayor Howard S. Weinberg Yes
City of Aventura Resolution No. 2024-62
PASSED AND ADOPTED this 1st day of October, 2024.
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H WARD S. WEINBERG, ESQ
MAYOR
a
ATTEST:
ELLISA L. HORVATH, MMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
� I
ROBERT MEYERS
CITY ATTORNEY
WEISS SEROTA HELFMAN COLE + BIERMAN, P.L.
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COMBINED VOLUNTARY COOPERATION AND
OPERATIONAL ASSISTANCE
MUTUAL AID AGREEMENT BETWEEN
THE CITY OF AVENTURA
AND THE TOWN OF BAY HARBOR ISLANDS
This Voluntary Cooperation and Operational Assistance Mutual Aid Agreement
("Agreement") is made as of this day of 2024, by and between the
CITY OF AVENTURA, FLORIDA, a Florida municipal corporation, having its principal office
at 19200 W County Club Dr, Aventura, FL 33180, and the TOWN OF BAY HARBOR
ISLANDS, FLORIDA, a Florida municipal corporation having its principal office at 9665
Bay Harbor Terrace, Bay Harbor Islands, FL 33154, and states as follows:
WHEREAS, it is the responsibility of the governments of the City of Aventura,
Florida and the Town of Bay Harbor Islands, 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 which are, or
are likely to be, beyond the control of the services, personnel, equipment of facilities of
the participating municipal police departments; and
WHEREAS, in order to ensure that 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
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WHEREAS, the City of Aventura and the Town of Bay Harbor Islands and 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 manmade
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 166.0495; 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 Aventura, and the Town of Bay
Harbor Islands, subdivisions of the State of Florida, and the undersigned
representatives, 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:
1. Short title: Mutual Aid Agreement
2. Description: Since this Mutual Aid Agreement provides for the requesting and
rendering of assistance for both routine and law enforcement intensive 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.
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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. The Joint Declaration between the City of
Aventura and the Town of Bay Harbor Islands is attached hereto as Exhibit
"A" and is hereby incorporated by reference. Said declaration may be
amended or supplemented at any time by the agency heads by filing
subsequent declarations, subject to the approval of the legal counsel of their
respective political subdivisions and filed with the Clerks of the respective
political subdivisions. Agency or participating law enforcement agency:
Either the City of Aventura Police Department or the Town of Bay Harbor
Islands Police Department.
b) Agency head: Either the Chief of the City of Aventura Police Department, or
the Chief's designees; or the Chief of Police of the Town of Bay Harbor
Islands Police Department, or the Chief's designees.
C) 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 agency from
whom such assistance is requested. The authorized agency representative
whose assistance is sought shall evaluate the situation, his available
resources and will respond in a manner deemed appropriate.
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b) 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 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.
7 Hostage and barricaded subject situations, and aircraft piracy.
8 Control of major crime scenes, area searches, perimeter control,
back-ups to emergency and in-progress calls, pursuits, and missing
person calls.
9 Enemy attack.
10 Transportation of evidence requiring security.
11 Major events, e.g., sporting events, concerts, parades, fairs,
festivals, and conventions.
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12 Security and escort duties for dignitaries.
13 Incidents requiring utilization of specialized units; e.g., 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
functional objective.
15 Joint training in areas of mutual need.
16 Joint multi-jurisdictional marine interdiction operations.
17 Off-duty special events.
18 DUI Checkpoints.
c) 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.
d) 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.
5. Powers, Privileges, Immunities, and Costs:
a) All employees of the participating municipal police department, including
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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 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 to this Agreement,
during the time of the 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 extraterritorially under the provisions of the Mutual Aid
Agreement. The provisions of this Agreement shall apply with equal effect
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to paid and auxiliary employees.
e) Nothing herein shall prevent the requesting agency from requesting
supplemental appropriations from its governing body having budgetary
jurisdiction, to reimburse the assisting agency for any actual costs of
expenses incurred by the assisting agency performing hereunder.
The resources or facilities that are assigned shall be under the immediate
command of a supervising officer designated by the assisting party. Such
supervising officer shall be under the direct supervision and command of
the agency head or his designee of the agency requesting assistance.
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.
g) Liability: Each Agency engaging in any mutual cooperation and assistance
pursuant to this Agreement agrees to assume its own liability and
responsibility for the acts, omission, or conduct of such Agency's own law
enforcement officers while such law enforcement officers are engaged in
rendering such aid, cooperation and assistance pursuant to this Agreement,
subject to the provisions of Section 768.28, Florida Statutes, where
applicable. Nothing contained in this Agreement shall be construed or
interpreted to be a waiver of sovereign immunity by either party. This
provision shall not impair or preclude reimbursement of cost by the
requesting law enforcement agency. All of the privileges and immunity
from liability, exemptions from laws, 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 function within the
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territorial limits of their respective public agencies shall apply to them in
the same degree, manner, and extent while engaged in the performance of
any of their functions and duties extraterritorially under the provisions of
this Mutual Aid Agreement. This section shall apply with equal effect to
paid, volunteer, and auxiliary employees.
6. Forfeitures: It is recognized that during the course of the operation of this
Agreement, property subject to forfeiture under the Florida Contraband Forfeiture
Act, Florida Statutes, may be seized. 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. The
municipality in which any property is seized pursuant to the Florida Contraband
Forfeiture Act shall have priority 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, but may allow the other municipality to
prosecute the forfeiture with the written authorization of the legal counsel for
each municipality. Upon a successful forfeiture prosecution, the forfeiting agency
shall share the proceeds with the assisting agency in an amount commensurate
with that agency's level of participation, minus costs incurred for litigation of the
forfeiture. This shall occur pursuant to the provisions of the Florida Contraband
Forfeiture Act.
7. 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 Mutual Aid 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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8. Complaints: Whenever there is cause to believe that a complaint has arisen as a
result of a mutual aid event as it may pertain to this Agreement, the Chief of Police
or his/her designee of the agency receiving the complaint 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
other participating agency, the above information, with all
pertinent documentation gathered during the receipt and
processing of the complaint, shall be forwarded without delay to
the subject employee's agency for administrative review. The
receiving 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. Effective Date and Duration: This Agreement shall be in effect from date of
signing, through and including August 1, 2027. Under no circumstances may
this Agreement be renewed, amended or extended except in writing.
10. Cancellation: This Agreement may be canceled by either party upon sixty-(60) day's
written notice to the other party.
AGREED AND ACKNOWLEDGED this_ day of , 2024.
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V
Ron Wasson Maria L, sday
City Manager Town Manager
City of Aventura, Florida Town of Bay Harbor Islands, Florida
Date: Date:
ATTEST: ATTEST:
Ellisa L. Horvarth, MMC Yvonne P. amilton, CIVIC
City Clerk Town Clerk
City of Aventura, Florida Town of Bay Harbor Islands, Florida
Date: Date:
APPROVED AS TO FORM AND LEGAL SUFFICIENCY:
Weiss Serota Helfman I/e'p!orn
Iler,_ESQ.
City Attorney n 9F
City of Aventura, Florida Town of Bay Harbor Islands, Florida
Date: Date: 4h kvKp"
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