2015-05 Mutual Aid Agreement - Town of Golden Beach RESOLUTION NO. 2015-05
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 Narotsky, who moved its
adoption. The motion was seconded by Commissioner Landman, and upon being put to
a vote, the vote was as follows:
Commissioner Enbar Cohen Yes
Commissioner Denise Landman Yes
Commissioner Marc Narotsky Yes
Commissioner Robert Shelley Yes
Commissioner Howard Weinberg Yes
Vice Mayor Teri Holzberg Yes
Mayor Enid Weisman Yes
Resolution No. 2015-05'
Page 2
PASSED AND ADOPTED this 6th day of January, 2015.
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MAYOR ENID WEISMAN
ATTEST: -� o�
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ELLISA L. HORVt MC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
CITY ATTORNEY
MUTUAL AID AGREEMENT
Between Aventura Police Department
and the Town of Golden Beach Police Departments
WHEREAS, it is the responsibility of the governments of 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 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 City of
Aventura Police Department or the Town of Golden Beach Police
Department.
c) Agency head: Either the Chief of the Aventura 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,
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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 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 extraterritorially 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 operationof 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.
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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.
9. Effective Date and Duration:
This Agreement shall be in effect from date of signing, through and
including January 1, 2019. 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.
AGREEDED TO AND ACKNOWLEDGED this 16t4 day of S tervq - 20 14-
City Manager, Town Mayor,
City of Aventura, Fl. id., Town of Golden Beach, Florida
ATTEST: �- ';�-; -: ATTEST:
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A d,
• itNAEL. Gt.%D9fr■
City Clerk, Town Clerk, . ��, c
City of Aventura, Florida Town of Golden Beach, Florida
APPROVED AS TO FORM AND APPROVED AS TO FORM AND
LEGAL SUFFICENCY: LEGAL SUFFICIENCY:
if-4 LA' 14-
City Attorney, Town Attorney,
City of Aventura, Florida Town of Golden Beach, ida
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JOINT DECLARATION OF THE CHIEF OF THE
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.
9. Participating in exigent situations without a formal request which are spontaneous
occurrences such as area searches for wanted subjects, perimeters, crimes in
progress, excaped 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: DATE:. ► r 3 lik Steve Steinberg, Chief Rudy - /-11o, Assistant Chief
City of Aventura Police Department Golden Beach Police Department
ATTEST: ATTEST:
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City Clerk Town Clerk mtolapreL G,,t9Per•J
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