2011-31RESOLUTION NO. 2011 -31
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 GOLDEN BEACH 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 Golden Beach 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 Joel, who moved its
adoption. The motion was seconded by Commissioner Weinberg, and upon being put
to a vote, the vote was as follows:
Commissioner Bob Diamond
yes
Commissioner Teri Holzberg
yes
Commissioner Billy Joel
yes
Commissioner Michael Stern
yes
Commissioner Luz Urbaez Weinberg
yes
Vice Mayor Zev Auerbach
yes
Mayor Susan Gottlieb
yes
Resolution No. 2011 -31
Page 2
PASSED AND ADOPTED this 3rd day of May, 2011.
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SAN GO TLIEB, MAYOR
AC
APPROVE AS TO LEG SUFFICIENCY:
!�
CITY ATTORNEY
MUTUAL AID AGREEMENT
Between the City of Aventura
and the Town of Golden Beach
WHEREAS, it is the responsibility of the governments of the City of Aventura, Florida
and the Town of Golden Beach, 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
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, subdivision of the State
of Florida, and the Town of Golden Beach, subdivision of the State of Florida, 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. Said declaration may be amended or
supplemented at any time by the agency heads by filing subsequent declarations
with the clerks of the respective political subdivisions.
b) Agency or participating law enforcement agency: Either the Aventura City
Police Department or the Town of Golden Beach Police Department.
C) Agency head: Either the Chief of the Aventura City Police Department, or
the Chief's designees; and the Chief of Police of the Town of Golden Beach
Police Department, or the Chief's 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 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.
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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 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.
C) 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
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.
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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 exemption from ordinance 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 extraterritori ally under
the provisions of the Mutual Aid Agreement. The provisions of this Agreement
shall apply with equal effect to paid and auxiliary employees.
6. Indemnification:
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 while providing aid
pursuant to this Agreement, subject to Chapter 768, Florida Statutes, where
applicable.
7. 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. This shall occur
pursuant to the provisions of the Florida Contraband Forfeiture Act.
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.
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9. Effective Date and Duration:
This Agreement shall be in effect from date of signing, through and including
January 1, 2015. 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) days written
notice to the other party. Cancellation will be at the discretion of the chief
executive officers of the parties hereto.
AGREED TO AND ACKNOWLEDGED this
City Manager,
City of AVei'itui cl, Florida
day of 20
Town Mayor,
Town of Golden Beach, Florida
ATTEST:
City Clerk,
City of Aventura, Florida
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY:
City Attorney,
City of Aventura, Florida
ATTEST:
..
Town Clerk,
Town of Golden Beach, Florida
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY:
Town Attorney}, F
Town of Golden Bead, Florida
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JOINT DECLARATION OF THE CHIEF OF THE
CITY OF AVENTURA POLICE DEPARTMENT
AND THE CHIEF OF THE TOWN OF GOLDEN BEACH POLICE
DEPARTMENT PURSUANT TO MUTUAL AID AGREEMENT
A police officer of either of the participating law enforcement agencies shall be
considered to be operating under the provisions of the mutual aid agreement when:
• participating in law enforcement activities that are pre - planned and approved
by each respective agency head, or
• appropriately dispatched in response to a request for assistance from the
other law enforcement agency.
• spontaneous response where assistance or aid is apparent (see #9 below)
In compliance with, and under the authority of, the Mutual Aid Agreement,
heretofore entered into by the City of Aventura and the Town of Golden Beach, Florida, it
is hereby declared that the following list comprises the circumstances and conditions
under which mutual aid may be requested and rendered regarding police operations
pursuant to the agreement. Said list may be amended or supplemented from time to
time, as needs dictate by subsequent declarations.
1. Joint multi - jurisdictional criminal investigations.
2. Civil affray or disobedience, disturbances, riots, large protest demonstrations,
controversial trials, political conventions, labor disputes and strikes.
3. Any natural disaster.
4. Incidents which require rescue operations, 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 detention 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 persons calls.
A
9. Participating in exigent situations without a formal request which are spontaneous
occurrences such as area searches for wanted subjects, perimeters, crimes in
progress, escaped prisoners. Traffic stops near municipal boundaries, request for
back -up assistance and no local unit is available or nearby, calls or transmissions
indicating an officer is injured, 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.
10. Enemy attack.
11. Transportation of evidence requiring security.
12. Major events; e.g., sporting events, concerts, parades, fairs, festivals, and
conventions.
13. Security and escort duties for dignitaries.
14. Emergency situations in which one agency cannot perform its functional objective.
15. Incidents requiring utilization of specialized units; e.g., underwater recovery, aircraft,
canine, motorcycle, bomb, crime scene, marine patrol, and police information.
16. Joint training in areas of mutual need.
DATE:
/-? C t r
DATE:
Chief Steve Steinberg
Aventura Police Department
ATTEST:
City Clerk
Chi f James Skinner
G den Beach Police Department
ATTEST:
own Clerk
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