2001-030 RESOLUTION NO. 2001-30
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 ATFACHED MUTUAL AID
AGREEMENT BETWEEN THE CITY OF AVENTURA AND
THE CITY OF FLORIDA CITY 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 City of Florida City 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 Vice Mayor Cohen, who moved its
adoption. The motion was seconded by Commissioner Grossman, and upon being put to a
vote, the vote was as follows:
Commissioner Arthur Berger yes
Commissioner Jay R. Beskin yes
Commissioner Manny Grossman yes
Commissioner Harry Holzberg yes
Commissioner Patricia Rogers-Libert absent
Vice Mayor Ken Cohen yes
Mayor Jeffrey M. Perlow yes
Resolution No. 2001-3~0
Page 2
PASSED AND ADOPTED this 5th day of June, 2001.
,,,~-F~R~Y I~. PERLOW, MAY~R
TERES/~ ~.' SOROI~A;'CM~; ,
CITY CLFJRK ~
APPROVED AS TO LEGAL SUFFICIENCY:
CITY ATTORNEY
/tms
~ ~. '~ Office of the Police Chief
P 0 I*, I C !~. Commissioner Eugene D. Berry
Commissioner R.S. Shiver
Commissioner Juanita Smith
Mayor Otis T. Wallace
Vice Mayor Tommy Dorsett Police Chief Marc EJias Jr.
JOINT DECLARATION OF THE CHIEF OF THE CITY OF FLORIDA CITY POLICE
DEPARTMENT AND THE CHIEF OF THE CITY OF AVENTURA POLICE
DEPARTMENT PURSUANT TO THE MUTUAL AID ACT
An agent or 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 preptanned and
approved by each respective agency head or
appropriately dispatched in response to a request for assistance from the
other taw enforcement agency.
In compliance with and under the authority of the Mutual Aid Agreement
heretofore entered into by the City of Florida City and the City of Aventura, 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 may be amended or supplemented from time to time as needs dictate
by subsequent declarations.
1. Joint multijurisdictional 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
O spills and electrical power failures.
P.O. Box 343569
Florida City, Florida 33034-0569
(305) 247-8223 · Fax (305) 245-5001
"Police and Community - A Partnership In Progress"
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 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. Joint multijurisdictional marine and air interdiction operations.
DATE: ~'"'l~"'¢)f ~ DATE (-,/'/.lO(
City of Aventura
Police Department
ATTEST A..~T
City Clerk
MUTUAL AID AGREEMENT
~etween City of Florida City Police Department and Participating
Municipal Police Departments
WHEREAS, it is the responsibility of the governments of the City of Florida City,
Dade County, Florida and the participating Dade County municipalities 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 or facilities of
the City of Florida City Police Department or 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 City
of Florida City and the participating Dade County municipalities; and
WHEREAS, the City of Florida City and the participating Dade County
municipalities have the authority under Chapter 23, Florida Statutes, (1993), the Florida
Mutual Aid Act, to enter into a mutual aid agreement;
NOW THEREFORE, BE IT KNOWN that the City of Florida City, a political
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
(1993).
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
Florida City Police Department or the participating municipal police
department.
c. Agency Head: Either the Chief of the City of Florida City Police
Department, or the Chief's designees; and the Chief of Police of the
participating municipal police department, or the Chief's designees.
d. Participating municipal police department: The police department of
any municipality in Dade County, Florida, that has approved and
executed this Agreement upon the approval of the governing body
of that municipality.
e. Certified law enforcement employee: Any law enforcement
employee certified as provided in Chapter 943, Florida Statutes
(1993).
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.
o 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, (1993), 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, (1993), 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 this 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 pro,viding agency while providing aid pursuant to this Agreement,
subject to chapter 768, Florida Statutes, (1993), 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, (1993), 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 (1993).
9. Effective Date and Duration: This Agreement shall be in effect from date of
signing, through and including, January 1, 2006. 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 officers of the parties hereto.
Otis T. Wallace, Mayor :'" ~ral ;i 'da~~
City of Florida City, Florida C~t
Ma Tom Ribel, Chief
City of Aventura
Police D6~Martment %d Police Department
ATTEST: ATTEST:
City Clerk, City of C/~Y~Clerk, C'/~:'f~I ~
Florida City, Florida vA~tura, FI ridl~..~/
APPROVED AS TO FORM AND LEGAL APPROVED AS TO FORM AND LEGAL
SUFFICIENCY: SUFFICIENCY:
linty AttoMey? ' ~ City Attorney,
City of Florida City, Florida City of Aventura, Florida