98-102 RESOLUTION NO. 98-102
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 CITY OF HALLANDALE 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 Hallandale 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 $. This Resolution shall become effective immediately upon its adoption.
The foregoing Resolution was offered by Commissioner Perlow, who moved its
adoption. The motion was seconded by Commissioner Beskin, and upon being put to a
vote, the vote was as follows:
Commissioner Arthur Berger yes
Commissioner Jay R. Beskin yes
Commissioner Ken Cohen yes
Commissioner Jeffrey M. Perlow yes
Resolution No. 98.1o2
Page 2
Commissioner Patricia Rogers-Libed yes
Vice Mayor Harry Holzberg yes
Mayor Arthur I. Snyder yes
PASSED AND ADOPTED this 15th day of December, 1998.
ATTEST:
TERESA M. SMITH, CMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
CITY ATTORNEY
/tms
MUTUAL AID AGREEMENT
This agreement made this /J~ day of~- ~ ~/¢~..~., 1998, between the
CITY OF HALLANDALE AND AVENTURA POLICE DEPARTMENTS:
WITNESSETH
WHEREAS, in recognition of the existing and continuing possibility of law
enforcement intensive situations and emergencies within the cities of Hallandale,
Flodda and Aventura, Florida, and in order to insure the preparation of law enforcement
resources will be adequate to deal with such activity, protect the public peace and safety
and preserve the lives and property of the people of the cities of Hallandale and
Aventura; and
WHEREAS, the police chief of each municipality is the Chief Law Enforcement
Officer of and responsible for law enforcement services within such municipality; and
WHEREAS, the cities of Hallandale, Florida, and Aventura, Florida, have
authority under Part I of Chapter 23, Florida State Statutes (1989), Florida Mutual Aid
Act to enter into a requested MUTUAL AID AGREEMENT;
NOW, THEREFORE, BE IT KNOWN that the cities of Hallandale and Aventura
hereby approve and enter into this agreement whereby the police department of each
municipality may request and render law enforcement assistance to the other in
emergencies under Section 252.34(2), Florida Statutes and law enforcement intensive
situations including, but not limited to the following:
1. Civil affray or disobedience, disturbances, riots, large protest
demonstrations, controversial trials, political conventions, labor disputes
and strikes.
2. Any natural disaster.
3. 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.
4. Terrorist activities including, but not limited to, acts of sabotage.
5. Escapes from, or disturbances within, detention facilities.
6. Hostage and barricaded subject situations.
7. Sporting events, concerts and parades.
8. Security and escort duties for dignitaries.
9. Incidents requiring utilization of specialized units; e.g., underwater
recovery, aircraft, canine, motorcycle, bomb and crime scenes.
10. Emergency or intensive situations in which one agency needs additional
assistance to perform its functional objective.
NOW, THEREFORE, the parties agree as follows:
SECTION I: In the event that a party to this agreement is in need of
assistance as set forth above, such party shall notify the agency or agencies from whom
such assistance is required. The police chief of the municipality whose assistance is
sought shall evaluate the situation and his available resources and will respond in a
manner he deems appropriate.
SECTION Ii: Each party agrees to furnish necessary equipment, resources
and facilities and to render services to any other party to the agreement as set forth
above; provided, however, that no party shall be required to deplete unreasonably its
own equipment, resources, facilities and services in furnishing such mutual aid.
SECTION II1: The party which furnishes any equipment pursuant to this
agreement shall bear the loss or damage to such equipment and shall pay any expense
incurred in the operation and maintenance thereof. The party furnishing aid pursuant to
this part shall compensate its employees while they are rendering such aid, including
any amounts paid or due for compensation due to personal injury or death while such
employees are engaged in rendering such aid. Nothing herein shall prevent the
requesting agency from requesting supplemental appropriations from the governing
body having budgetary jurisdiction to reimburse the assisting agency for any actual
costs or expenses by the assisting agency performing hereunder.
SECTION tV: Each municipality will bear the liability arising from acts
undertaken by its personnel pursuant to this agreement. All of the privileges and
immunity from liability, exemptions from laws, ordinances 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 function within the territorial limits of their respective
public agencies shall apply to them to the same degree, manner and extent while
engaged in the performance of any of their functions and duties extra-territorially under
the provisions of this Mutual Aid Agreement. This section shall apply with equal effect
to paid volunteer and auxiliary employees.
SECTION V: The resources or facilities that are assigned shall be under
the immediate command of a supervising officer designated by the assisting party.
Such supervising officer shall be under the direct supervision and command of the
agency head or his designee of the agency requesting assistance.
SECTION VI: In accordance with Section 23.127(1 ), Florida Statutes,
whenever the employees of the responding agency or agencies are rendering aid
outside their jurisdiction pursuant to this agreement, such employees shall 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 or appointed.
SECTION VII: It is recognized that during the course of 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. The agency requesting assistance will be
given the responsibility to initiate formal litigation for property and proceeds. This shall
occur pursuant to the provisions of the Florida Contraband Forfeiture Act.
SECTION VIII: Any party may withdraw from this agreement upon written
notice to all other parties.
SECTION IX: This agreement shall remain in effect for a period not to
exceed five years. Under no circumstances may this agreement be renewed, amended
~z4~('~/'~)L'~Or extended except in writing. ~n~uar;,a-- ~~_r~
Hallandale, FL AC ivt~e
Date Executed: ,//. ~J- ~ Date Executed: {5-1 .~ - q~
ATTEST: ATTEST:
City Clerk ' City Clerk
Hallandale, FL Aventura, FL
APPROVED AS TO FORM APPROVED AS TO FORM
AND CORRECTNESS ONLY/ AND CORRECTNESS
TERMS AND CONDITIONS
PROVIDED BYOTHERS ~ ~
City Attorney ~ City Attorney
Hallandale, FL Aventura, FL