Resolution No. 2019-01 Mutual Aid Agreement with Town of Golden Beach for Law Enforcement Activities - January 8, 2019 RESOLUTION NO. 2019-01
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 Weinberg, who moved its
adoption. The motion was seconded by Commissioner Narotsky, and upon being put to
a vote, the vote was as follows:
Commissioner Denise Landman Yes
Commissioner Gladys Mezrahi Yes
Commissioner Marc Narotsky Yes
Commissioner Robert Shelley Yes
Commissioner Howard Weinberg Yes
Vice Mayor Dr. Linda Marks Yes
Mayor Enid Weisman Yes
City of Aventura Resolution No. 2019-01
PASSED AND ADOPTED on this 8th day of January, 2019.
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MAYOR ENID WEISMAN
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ATTEST:
ELLISA L. HORVATH, M OCITY CLERK
Approved as to Form and Legal Sufficiency:
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CITY ATTORNEY
Page 2 of 2
MUTUAL AID AGREEMENT
Between Aventura Police Department
and the Town of Golden Beach Police Department
This Mutual Aid Agreement is made and entered into effective as of the 1st
day of January 2019 by and between the City of Aventura, Florida ("City") and the
Town of Golden Beach, Florida ("Town").
RECITALS
WHEREAS, it is the responsibility of the governments of City and the Town 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 and Town, 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.
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.
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. 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 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.
9. Effective Date and Duration:
This Agreement shall be in effect from January 1, 2019 , through and including
January 1, 2023 . 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.
IN WITNESS WHEREOF, the Parties hereto cause these presents to be signed on the
date specified.
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City Man e To .yor
City of Av ura To n of old-n Beach
Date: 8/ 161 Date: JP i
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' Ierk ,
';,City of Aventura own of Golden Beach
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Approved As to Form and Approved As to Form and
Legal Sufficiency: / Legal Sufficie :
ity Att rney Town Attorne 1
City of Aventura Town of Gold- :each
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, 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.
IN WITNESS WHEREOF, the Parties hereto cause these presents to be signed on the
date specified.
Police "' ief Polic hief
City of Aventura Police Department Town of Golden Beach
Police Department
Date: I 1 lc I ei Date: PZ)11