Resolution No. 2020-77 Approving Interlocal Agreement with Miami-Dade County Relating to Direct Radio Communications - November 10, 2020 RESOLUTION NO. 2020-77
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA AUTHORIZING THE CITY MANAGER TO
EXECUTE AND OTHERWISE ENTER INTO THAT CERTAIN
INTERLOCAL AGREEMENT BY AND BETWEEN THE CITY OF
AVENTURA AND MIAMI-DADE COUNTY RELATING TO DIRECT RADIO
COMMUNICATION BETWEEN 911 PUBLIC SAFETY ANSWERING
POINTS AND FIRST RESPONDER AGENCIES; 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 to
execute and otherwise enter into that certain agreement by and between the City of
Aventura and Miami-Dade County relating to direct radio communication between 911
public safety answering points and first responder agencies.
Section 2. The City Manager is hereby authorized to do all things necessary
and expedient to carry out the aims of this Resolution.
Section 3. This Resolution shall become effective immediately upon adoption.
The foregoing resolution was offered by Commissioner Landman, who moved its
adoption. The motion was seconded by Commissioner Narotsky, and upon being put to
a vote, the vote was as follows:
Commissioner Jonathan Evans Yes
Commissioner Rachel S. Friedland Yes
Commissioner Denise Landman Yes
Commissioner Dr. Linda Marks Yes
Commissioner Marc Narotsky Yes
Vice Mayor Robert Shelley Yes
Mayor Enid Weisman Yes
PASSED AND ADOPTED this 10th day of November, 2020.
City of Aventura Resolution No. 2020-77
ENID WEISMAN, MAYOR
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ATTEST:
ELLISA L. HORVATH, MMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
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CITY ATTORNEY
INTERLOCAL AGREEMENT
BETWEEN MIAMI-DADE COUNTY
AND ALL FIRST RESPONDER AGENCIES
OPERATING IN MIAMI-DADE COUNTY
FOR DIRECT RADIO COMMUNICATION BETWEEN 911 PUBLIC
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the COUNTY) and all first responder agencies operating within Miami -Dade County (See Exhibit
A), including those agencies that operate their own 911 public safety answering points (See
Exhibit B) (hereinafter, FIRST RESPONDER AGENCY(IES)).
each 911 public safety answering point (hereinafter, PSAP) is capable of direct radio
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public safety emergencies under which a PSAP will directly provide notice by radio of ;C
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provide primary dispatch functions; and
WHEREAS, each agreement must require the PSAP to have direct radio contact with primary
first responder agencies and their dispatchers, for whom the PSAP can reasonably receive 911
communications, without having to transfer a 911 communication to another PSAP or dispatch
center for dispatch; and
WHEREAS, each PSAP must be capable of immediately broadcasting 911
communications or public safety information over the primary radio dispatch channels of
each first responder agency in the county it serves, except in those first responders service
areas where the PSAP cannot reasonably receive 911 calls; and where a county or
jurisdiction has multiple PSAPS, each PSAP must have this capability.
WHEREAS, unless technologically precluded due to radio incompatibility, upon written
request from a law enforcement agency head, a law enforcement agency head in the same county
or in an adjacent jurisdiction in another county must authorize the requesting agency to install the
responding agency's primary dispatch channel or channels in the requesting agency's PSAP,
dispatch center, or mobile or portable radios; and
WHEREAS, the COUNTY provides primary police service and/or dispatch service for 28 of
Miami -Dade County's cities (herein, COUNTY PSAP) with seven entities maintaining their own
police departments and PSAPs (hereinafter, OTHER PSAPs); and
WHEREAS, the Parties are entering into this Interlocal Agreement pursuant to section
365.179, Florida Statutes.
NOW, THEREFORE, BE IT KNOWN that Miami -Dade County, a political subdivision of the
State of Florida, and the undersigned first responder agencies and their governing bodies, as
applicable, 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:
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SECTION I. PURPOSE
This Interlocal Agreement sets forth the protocols under which a PSAP will directly provide
notice by radio of a public safety emergency to the on -duty personnel of a FIRST RESPONDER
AGENCY for which the PSAP does not provide primary dispatch functions, and methods by which
agencies will conduct such communications.
SECTION 11. DEFINITIONS USED HEREIN
A. "First responder agency" includes each law enforcement agency and fire service agency that
is designated as a primary first responder for the service area in which a 911 public safety
answering point receives 911 calls. See Exhibit A for a comprehensive list of first responder
agencies operating in COUNTY.
B. "911 public safety answering point" or "PSAP" means a municipal or county emergency
communications or 911 call center in this state that receives cellular, landline, or text-to-91 1
communications. See Exhibit B for a comprehensive list of PSAPs operating in COUNTY.
C. "Public safety emergency" is a law enforcement emergency or priority situation including, but
not limited to incidents such as an active shooter, mass casualty incident, act of terrorism, civil
disturbance or other similar urgent/unstable situation where serious bodily injury or the loss of
human life is imminent and/or occurring. This definition excludes calls dispatched as a 3-41,
a sick or injured person, wherein the emergency is entirely medical.
SECTION Ill. JOINT OBLIGATIONS OF THE PARTIES
A. The Parties hereby agree to and shall, immediately upon execution of this Agreement,
pursuant to Florida Statutes § 365.179(4), unless technologically precluded due to radio
incompatibility, authorize any and all requesting agencies in the COUNTY or an adjacent
jurisdiction to install a responding agency's primary dispatch channel or channels in the
requesting PSAP, dispatch center, and/or mobile or portable radios.
B. Each Party is required to train all applicable personnel regarding the procedures and protocols
specified in this Agreement. The training must also include radio functionality and how to
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readily access the necessary dispatch channels in accordance with this Agreement. Training
and implementation for existing parties should be an on -going process and any new officers,
deputies, employees, agents, representatives, contractors or subcontractors whose work
relates to this Agreement should be trained as they are hired.
SECTION IV. OBLIGATIONS OF THE COUNTY
A. The COUNTY, as the sole provider of law enforcement dispatch within the COUNTY PSAP,
shall at all times have installed in the COUNTY's dispatch consoles the primary dispatch
channels for all Miami -Dade County FIRST RESPONDER AGENCIES.
B. The COUNTY hereby agrees to and shall be capable of immediately broadcasting 911
communications or any other public safety information over the primary radio dispatch
channels.
C. The COUNTY shall broadcast information received via 911 or ten digit line to the dispatcher
of the FIRST RESPONDER AGENCY, to include the location, nature and any other relevant
information, regarding any public safety emergency on the primary dispatch channel
designated as the Police Emergency Channel by all FIRST RESPONDER AGENCIES.
D. The notification by the COUNTY on the Police Emergency Channel should be concise and
directed to the dispatcher. The COUNTY shall not dispatch or direct any units of the FIRST
RESPONDER AGENCY. The COUNTY may supplement the original information as
necessary so that responding units have the most current and accurate information to ensure
officer and public safety.
E. The COUNTY PSAP shall, as soon as possible, under existing protocols and best practices,
transfer the 911 or ten digit line caller to the FIRST RESPONDER AGENCIES' PSAP or
primary dispatch so that the call taker of the FIRST RESPONDER AGENCY may have direct
communication with the caller.
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criteria in Section IV. C. of this Agreement through a ten digit line or other non-911 source,
and the occurrence of the event is outside the FIRST RESPONDER AGENCY's jurisdiction,
the FIRST RESPONDER AGENCY agrees to provide the information via radio to the
COUNTY and/or FIRST RESPONDER AGENCY with jurisdiction under the criteria set forth
in Section IV of this Agreement.
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location, nature and any other relevant information regarding any public safety emergency.
D. The notification by each OTHER PSAP via the Police Emergency Channel should be concise
and directed to the dispatcher. The OTHER PSAP shall not dispatch or direct any units of the
FIRST RESPONDER AGENCY. The OTHER PSAP may supplement the original information
as necessary so that responding units have the most current and accurate information to
ensure officer and public safety.
E. Each OTHER PSAP shall, as soon as possible, under existing protocols and best practices,
transferthe 911 or ten digit line caller to the appropriate FIRST RESPONDER AGENCY PSAP
or primary dispatch so that the call taker of the FIRST RESPONDER AGENCY may have
direct communication with the caller.
SECTION VII. MUTUAL COOPERATION
The Parties shall mutually cooperate in good faith to carry out the terms and conditions of
this Interlocal Agreement. Nothing shall be construed to limit the authority of the parties hereto.
SECTION Vill. INDEMNIFICATION
Each party agrees to assume responsibility for the acts, omissions, or conduct of such
party's own employees while participating herein and pursuant to this Agreement, subject to the
provisions of Section 768.28, Florida Statutes, where applicable. "Assume Responsibility" shall
can incurring any and all costs associated with any suit, action, or claim for damages arising
from the performance of this Agreement.
SECTION IX EFFECTIVE DATE, TERM AND MODIFICATION
This Agreement shall be effective when signed by all parties, This Agreement shall remain
in full force and effect for 10 years from the effective date unless terminated in writing with written
notice to all Parties. This Agreement may only be modified orextended in writing and upon
signature of all Parties.
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SECTION X. THIRD PARTIES
In no event shall any of the terms of this Agreement confer upon any third person,
corporation or entity other than the Parties any right or cause of action or damages claimed
against any of the Parties arising from the performance of the obligation and responsibilities of
the Parties.
SECTION X11. FILING
This Agreement shall be filed by Miami -Dade County with the Clerk of the Circuit Court for
Miami -Dade County, Florida, as required by Florida Statutes § 163.01 (11) and provided to the
Florida Department of Law Enforcement as required by Florida Statutes § 365.179(6), along with
a certification that all PSAPs in the Miami -Dade County are in compliance.
SECTION II® ENTIRE AGREEMENT
This Agreement reflects the full and complete understanding of the Parties.
SECTION III® NOWASSIGNABILITY
No Parties shall assign the obligations, responsibilities or benefits imposed hereby or
contained herein to any third party or in any manner contract for the provision of the services
required to be performed herein by a third party without the express written consent of the Parties,
which consent may be withheld within the sole discretion of any Party.
SECTION XIV. SEVERABILITY
If any one or more of the covenants, agreements or provisions of this Agreement should
be held contrary to any express provision of law or contrary to any policy of expressed law and
held invalid, or shall for any reason whatsoever be held invalid, then such covenants, agreements
or provisions shall be null and void and shall be deemed separate from the remaining covenants,
agreements or provisions of this Agreement which shall remain fully enforceable.
SECTION XV. GOVERNING LAW
The laws of the State of Florida shall govern this Agreement. This Agreement at all times
shall be construed consistent with such constitutional and statutory limitations. The duties and
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responsibilities set forth in this Agreement to be performed by the Parties shall be performed in a
manner that is constitutionally permissible,and all portions of this Agreement shall be interpreted
and administered by the Parties accordingly.
IN WITNESS WHEREOF,the Parties have entered into this Agreement and have caused
this Agreement to be executed by their undersigned officers,duly authorized.
MAW-DAOE COUNTY: as PSAP and First Responder Agency (Miami-Dade Police and
Miami-Dade Fire Rescue)
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Ea Carlos A. Gimenez Date
Mayor
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Alan Cominsky, Fire Chief Date 111
Miami-Dade Fire Rescue
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ATTEST: cO M 4f/
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COUNTY m
Ha Ruvin, County Clerk ' ate
m�a Miami-Dade County, Florida '" t+"r'"'
APPROVED AS TO FORM AND LEGAL
SUFFICIENCY:
Assistant County Attorney Date
Miami-Dade County, Florida
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CITY OF AVENTURA: as PSAP and Primary First Responder Agency (Aventura Police
Department)
11/10/2020
Ronald J. Wasson Date
City Manager
ATTEST:
11/10/2020
Ellisa L. Horvath, MMC Date
City Clerk
APPROVED AS TO FORM AND LEGAL
SUFFICIENCY:
iA `k)) / 11/10/2020
Name Date
City Attorney
AVENTURA POLICE DEPARTMENT
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Brya ues, ¢ i fv Dat
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