2011-51RESOLUTION NO. 2011 -51
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 MEDLEY 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 Medley 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 Vice Mayor Auerbach, 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 -Ij
Page 2
PASSED AND ADOPTED this 6th day of September, 2011.
Gottlieb,
Attest:
Asa M. Sq o �a, C
Clerk ( \
Approved as to Form and Legal Sufficiency:
Ir--4
City Attorney
/tms
Mutual Aid Agreement
Between the Town of Medley and the
City of Aventura Police Department
Whereas, it is the responsibility of the government of the Town of Medley, Miami -Dade
County, Florida and the City of Aventura, Miami -Dade County, 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 continuing possibility of the occurrence of the 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 Town of Medley Police
Department and /or the City of Aventura Police Department; and
Whereas, in order to ensure the ability of these laws enforcement agencies will be adequate
to address any and all of these conditions, to protect the public peace and safety, and
preserve the lives and property of the people of the Town of Medley and the City of
Aventura; and
Whereas, Town of Medley and the City of Aventura 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 Town of Medley and the City of Aventura
municipal corporations of the State of Florida, by and through their 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:
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 describes in Chapter 23, Florida
Statutes.
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 municipalities and
shall thereafter become part of this Agreement. Said declaration may be amended or
supplemented by mutual agreement at any time, upon filing a subsequent declaration with
the clerks of the respective municipalities.
b. Agency or participating Law Enforcement Agency: Either the Town of Medley
Police Department or the City of Aventura Police Department.
c. Agency Head: Either the Chief of Police of the Town of Medley Police Department
or the Chief's designees; and the Chief of Police of the City of Aventura Police Department,
or the Chief's designees.
d. Authorized Agency Representative: Agency head as defined herein.
e. 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 that municipality.
f. 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 attached as Exhibit "A ", an authorized representative of the
Police Department requiring assistance shall notify the Agency from whom such assistance is
requested. The authorized Agency Representative (Chief or Designee) whose assistance is
sought shall evaluate the situation and his/her available resources, and will respond in a
manner deemed appropriate.
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 Head 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.
Powers, Privileges, Immunities, and Costs:
a. All employees of the participating Law Enforcement Agencies, 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
employed 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 municipality in which they are normally employed.
b. The municipality 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 the same.
c. The municipality 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
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 to such employees.
d. All exemption from ordinance and rules, and all pension, insurance, relief,
disability, worker's 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 provisions of this Agreement shall apply with equal effect to paid 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 equitable 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.
7. Indemnification: The municipality 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 municipality in any
suit, actions, 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. The municipality requesting aid shall indemnify the
municipality providing aid from any suits, claims or damaged resulting from any act or
conduct of employees of the requesting municipality.
8. Conflicts: Any conflicts between this Agreement and the Florida Mutual Aid Act will
be controlled by the provisions of the later, whenever conditions exist that are within the
definitions stated in Chapter 23, Florida Statutes.
9. Effective Date and Duration: This Agreement shall be in effect from date of signing,
through and including, June 29, 2016. Under no circumstances may this Agreement be
renewed, amended, or extended except in writing.
10. Cancellation: This Agreement may be cancelled by either party upon sixty (60) days
written notice to the other party. Cancellation will be at the discretion of the Chief Executive
Officer of the parties hereto.
AGREED TO AND ACKNOWLEDGED this
Date: it
Attest:
R
T
HERLINA TABOADA
TOWN CLERK
I
TOWN OF MEDLEY, FLORIDA
APPROVED AS TO FORM
[IVLEG SUFFI ENCY:
4 1 P
MICHAEL A. PIZZI, Jr.
TOWN ATTORNEY
TOWN OF MEDLEY, FLORIDA
JE E SAID- NETE
CHIEF OF POLICE
TOWN OF MEDLEY, FLORIDA
day of , 2011
ERIC M. SOROKA
CITY MANAGER
CITY OF AVENTURA, FLORIDA
Date:
Attest:
TERESA M. SOROKA
CITY CLERK
CITY OF AVENTURA, FLORIDA
WEISS SEROTA HELFMAN
CITY ATTORNEY
CITY OF AVENTURA, FLORIDA
STEVEN STEINBERG
CHIEF OF POLICE
CITY OF AVENTURA, FLORIDA
JOINT DECLARATION OF THE CHIEF OF POLICE OF THE TOWN OF
MEDLEY POLICE DEPARTMENT AND THE CHIEF OF POLICE OF
THE CITY OF AVENTURA POLICE DEPARTMENT PURSUANT TO
MUTUAL AID AGREEMENT
A Police Officer of either of the participant 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.
In compliance with and under the authority of the Mutual Aid Agreement heretofore
entered into by the Town of Medley and the City of AVENTURA, Florida, it is hereby
declared that the following list of 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- jurisdiction 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 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 detention facilities.
7. Hostage and barricaded subject situations, and aircraft piracy.
8. Control of major crime scenes, area searches, perimeter control, backups 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.
12. Security and escort duties for dignitaries.
13. Emergency situations in which one agency cannot perform its functional
objective.
14. Incidents requiring utilization of specialized units; e.g., underwater recovery,
aircraft, canine, motorcycle, bomb, crime scene, marine patrol, and police
information.
15. Joint training in areas of mutual need.
16. Participating in exigent situations, without the need for formal request, which
situations are spontaneous occurrences such as area searches for wanted subjects,
perimeters, crimes in progress, escaped prisoners, traffic stops near municipal
boundaries, request for assistance when no available units are 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.
17. Mutual enforcement of all existing applicable laws and ordinances and exercise
of arrest powers within the area compromising the respective jurisdictional municipal
boundaries.
ate: 7
Jeanette Said- Jinete, Chief
Town of Medley
Police Department
ATTEST:
Town Clerk, Town of Medley, Florida
Date:
Steven Steinberg, Chief
City of Aventura
Police Department
ATTEST:
City Clerk, City of Aventura, Florida