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98-070 RESOLUTION NO. 98-70 A RESOLUTli)N OF THE CITY COMMISSION OF THE CITY OF AVENTU~RA, FLORIDA, AUTHORIZING THE CITY MANAGER O~1 BEHALF OF THE CITY TO EXECUTE AND OTHERWISE IENTER INTO THE ATTACHED MUTUAL AID AGREEMENT~ BETWEEN THE CITY OF AVENTURA AND THE TOW~ OF GOLDEN BEACH FOR LAW ENFORCEMIE~IT ACTIVITIES; AUTHORIZING THE CITY MANAGER Tq DO ALL THINGS NECESSARY TO CARRY OUT THE AII~S OF THIS RESOLUTION; AND PROVIDING FOR AN EFFECTIVE DATE. / NOW, THEREFORE~, BE IT RESOLVED BY THE CITY COMMISSION OF THE / CITY OF AVENTURA, FLO ~[IDA, THAT: Section '1. The City Manager is hereby authorized on behalf of the City of Aventura to execute and ot~ lerwise enter into that certain Mutual Aid Agreement between the City of Aventura and le Town of Golden Beach for law enforcement activities in substantially the form as att. ched hereto. Section 2. The Ci~ Manager is hereby authorized to do all things necessary and expedient in order to effe¢ ~ate the execution of the attached Agreement described in Section 1 above, and to can ~ out the aims of this Resolution. Section 3. This R~ solution shall become effective immediately upon its adoption. The foregoing Resc,lution was offered by Vice Mayor Cohen, who moved its adoption. The motion was s~ ;conded by Commissioner Rogers-Libert, and upon being put to a vote, the vote was as folio NS: Commission( ,r Arthur Berger absent Commission( Jay R. Beskin yes CommissionE Harry Holzberg yes Resolution No. 98-70 Page 2 Commissioner Jeffrey M. Perlow ~,es Commissioner Patricia Rogers-Libert ~,es Vice Mayor K~ n Cohen ~-¢s Mayor Arthur Snyder res PASSED AND ADOF TED this 4th day of August, 1998. /'/ ART'FIUR I. SI'¥Y~ER, /IAYOR ATTEST: TERESA M. SMITH, CMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: CI'~ATTORNEY /tms MUTUAL AID AGREEMENT Between th~ Town of Golden Beach Police Department and t~ e City of Aventura Police Department WHEREAS, it is the responsibility of the governments of the Town of Golden Beach, Florida, and the City of Aventura, Florida, to ensure the public safety of their citizens by provicing adequate levels of police services to address any foreseeable routine or rnergency situation; and WHEREAS, because the existing and continuing possibility of the occurrence of law enforcement pro)lems and other natural and manmade conditions which are, or are likely to be, )eyond the control of the services, personnel, equipment or facilities of the partici )ating municipal police departments; and WHEREAS, in order :o ensure the preparation of these law enforcement agencies will be adequ;~te to address any and all of these conditions, to protect the public peace and ss I:ety, and to preserve the lives and property of the people of the participating Dad{~ County municipalities; and WHEREAS, the participating Dade County municipalities have the authority under Chapter 23, Flori~la Statutes, Florida Mutual Aid Act, to enter into a Mutual Aid Agreement. NOW, THEREFORE, BE IT KNOWN, that the Town of Golden Beach, subdivision of the Sta'e of Florida, and the undersigned representatives, in consideration for mutua promises to render valuable aid in times of necessity, do hereby agree to fully ar faithfully abide by and be bound by the following terms and conditions: 1. Short title: Mu' d Aid Agreement 2. Description: Sin :e the Mutual Aid Agreement provides for the requesting and rendering )f assistance for both routine and law enforcement intensive situatio ~s, this Mutual Aid Agreement combines the elements of both a volunta[', cooperation agreement and a requested operational assistance agre~ merit as described in Chapter 23 Florida Statutes. 3. Definitions: A. Joint dec aration: A document which enumerates the various condition,~ of situations where aid may be requested or rendered pursuant 1 ~ this Agreement, as determined by concerned agency heads. S~lbsequent to execution by the concerned agency heads, the Joint [ )eclaration shall be filed with the clerks of the respective political s~ ibdivisions and shall thereafter become part of this Agreemei,t. Said declaration may be amended or supplemented at any tim .= by the agency heads by filing subsequent declarations with the c erks of the respective political subdivisions. B. Agency ~r participating law enforcement agency: Either the Town of Golden Beach Police Department or the participating municipal )olice department. C. Agency Iead: Either the Chief of the Town of Golden Beach Police D(partment, or the Chiefs designees, and the Chief of Police of the participating municipal police department, or the Chiefs de signees. D. Participa'ing municipal police department: The police departme~lt of any municipality in Dade County, Florida, that has approved and executed this Agreement upon the approval of the governin body of the municipality. E. Certifiec aw enforcement employees: Any law enforcement Employee certified as provided in Chapter 943, Florida Statutes. 4. Operations: A. In the eve it that a party to this Agreement is in need of assistance as specifil~d in the applicable Joint Declaration, an authorized represent~ltive of the police department requiring assistance shall notify the agency from whom such assistance is required. The authorize(I agency representative whose assistance is sought shall evaluate t 3e situation and his available resources, and will respond in a mann ~r deemed appropriate. B. Each part ~ to this Agreement agrees to furnish necessary man power, eq Jipment, facilities, and other resources and to render services t, ) the other party as required to assist the requesting party in ar Idressing the situation which caused the request; provided, 3owever, that no party shall be required to deplete unreason~bly its own manpower, equipment, facilities, and other resources and services in rendering such assistance. C. The agen, ~y heads of the participating law enforcement agencies, Or their d 9signees, shall establish procedures for giving control of the missi)n definition to the requesting agency, and for giving tactical c¢ ntrol over accomplishing any such assigned mission and superviso¥ control over all personnel or equipment provided pursuant lo this Agreement to the providing agency. 5. Powers, Privilege;s, Immunities, and Costs: A. All emplo3 ees of the participating municipal police department, certified I; w enforcement employees as defined in Chapter 943, Florida St ~tutes, during such time that said employees are actually p~ oviding aid outside of the jurisdictional limits of the employin,c municipality pursuant to a request for aid made in accordan(e with this Agreement, shall pursuant to the provisions of Chapte ' 23, Florida Statutes, have the same powers, duties, rights, pri~ ileges, and immunities as if they were performing their duties in ti ~e political subdivision in which they are normally employed B. The politic al subdivision having financial responsibility for the law enforcemE,nt agency providing the services, personnel, equip- ment, or f; ~cilities pursuant to the provisions of this Agreement shall bear any loss or damage to same and shall pay any and all expens ~s incurred in the maintenance and operation of same. C. The politic al subdivision having financial responsibility for the law enforcem{ nt agency providing aid pursuant to this Agreement shall compensate all of its employees rendering aid pursuant to this Agreemer t, during the time of rendering of such aid, and shall defray the actual travel and maintenance expenses of such employee~; while they are rendering such aid. Such compensation shall inclu Je any amounts paid or due for compensation due to personal i ~jury or death while such employees are engaged in rendering such aid. Such compensation shall also include ail benefits n,)rmally due such employees. D. All exemp ion from ordinances and rules, and all pension, insurance relief, disability, workers compensation, salary, death, an(I other benefits which apply to the activity of such officers, a. ents, or employees of any such agency, when performin! their respective functions within the territorial limits of their re~ F3ective agencies, shall apply to them to the same degree, m ~nner, and extent while engaged in the performance of their fu~ ~ctions and duties extraterritorial under the provisions of this Mu' ual Aid Agreement. The provision of this Agreement shall appl,., with equal effect to paid and auxiliary employees. 6. Indemnification~ The political subdivision having financial responsibility for the law enfor,ement agency providing aid pursuant to this Agreement agrees to hold harmless, defend, and indemnify the requesting law enforcement age ncy 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 ~gency while providing aid pursuant to this Agreement, subject to Chapt.~r 768, Florida Statutes, where applicable. 7. Forfeitures: It i~; recognized that during the course of the operation of the Agreement, pro[,erty subject to forfeiture under the Florida Contraband Forfeiture Act, FIorida Statutes, may be seized. The property shall be seized, forfeite(, and equitably distributed among the participating agencies in pro )ortion to the amount of investigation and participation performed by ea ;h agency. This shall occur pursuant to the provisions of the Florida Contfaband Forfeiture Act. 8. Conflicts: Any conflict between this Agreement and the Florida Mutual Aid Act will be controlled by the provisions of the latter, whenever conditions exist hat are within the definitions stated in Chapter 23, Florida Statutes. 9. Effective Date [nd Duration: This Agreement shall be in effect from date of signing, through and including January 1, 2001, and under no circumstances n~ay 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 ~hief executive officers of the parties hereto. / AGREED AND ACKNO{WLEDGED this ~- { day of Jul~-'~-~. / ~--)' ~'/~//~7~ ~--/'~' r ;, ('~7~'Fonda Gown Manager, Town of Go den Beach, City Manage, C'ty ~,f Aventu]'a, F ' - Flodda '~ ATTEST: ATTEST:~w ~) ~_-~ T(~/h~erk. To.of Golder Beach. FL CTty Clerk. City of Aventura. Flodda ~¢~~r~OVE! ) ,AS TO FORM AND LEGAL SUFFICIENCY: ~each, ~entura, ~ of,~ ~__~lodda City Florida JOINT DECLARATION OF THE CHIEF OF THE CITY OF AVENTURA POLICE DEPARTMENT AND THE CHIE OF THE TOWN OF GOLDEN BEACH POLICE DEPARTMEI~ PURSUANT TO MUTUAL AID AGREEMENT A deputy sheriff or poi officer of either of the participating law enforcement agencies shall be consi:lered to be operating under the provisions of the Mutual Aid Agreement when: participati~ ~g in law enforcement activities that are preplanned and appro/ed by each respective agency head, or appropriat ,=ly dispatched in response to a request for assistance from the o :her law enforcement agency. In compliance with, and under the authority of, the Mutual Aid Agreement, hereto entered into by the Ci~f of Aventura, Florida, 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 opera lions pursuant to the Agreement. Said list may be amended or supplemer ted from time to time, as needs dictate by subsequent declarations. 1. Joint multi-jurisd ctional criminal investigations 2. Civil affray o~ disobedience, disturbances, riots, large protest demonstrations, controversial trials, political conventions, labor disputes, and strikes 3. Any natural disa., ter 4. Incidents which 'equire rescue operations and crowd and traffic control measures, inclu¢ing, but not limited to, large-scale evacuations, aircraft and shipping disasters, fires, explosions, gas line leaks, radiological incidents, train ,vrecks and derailments, chemical or hazardous waste spills, and electri :al power failures 5. Terrorist activitie including, but not limited to, acts of sabotage 6. Escapes from or fisturbances within detention facilities 7. Hostage and bar'icaded subject situations, and aircraft piracy 8. Control of major :rime scenes, area searches, perimeter control, backups to emergency an in-progress calls, pursuits, and missing persons calls 9. Participating in exigent situations without a formal request which are spontaneous oc.;urrences such as area searches for wanted subjects, perimeters, crimes in progress, escaped prisoners; traffic stops near municipal bound ~ries, request for assistance and no local unit is available or nearby, calls or transmissions indicating an officer is injured, calls indicating a crim~; of incident has occurred in which a citizen may likely be injured and the ~ ssisting municipality is closer to the area than the officer receiving the call 10. Enemy attack 11. Transportation ol evidence requiring security 12. Major events; e. r., sporting events, concerts, parades, fairs, festivals, and conventions 13. Security and es( )rt duties for dignitaries 14. Emergency situstions in which one agency cannot perform its functional objective 15. Incidents requirng utilization of specialized units; e.g., underwater recovery, canine motorcycle, crime scene, marine patrol enforcement or investigation, an( police information 16. Joint training in eas of mutual need 17. Mutual enforce~ ent of all existing applicable laws and ordinances and exercise of arrest pd~rs within the area comprising the jurisdictional waters within res ~ective municipal boundaries .JUL ~,~L 1! t8 DATE: 7/~'~/~ DATE: Chief of Town of Golden Bo~ ~ch Police Chief of City of Aventura Police Dept., Dept., Golden Beac Flodda Aventura, Flodda HERNAN CARDEN THOMAS E. RIBEL ATTEST: ATTEST: To'WnXo~.Gold'en~B~ach, TO~ VN CLERK City of Aventura, CITY CLERK JOIN1 DECLARATION AMENDMENT UNDER GOLDEN BEACH POLICE/ AVENTURA POLICE MUTUAL AID AGREEMENT This Agreement amen( Is the Joint Declaration under the Mutual Aid Agreement of , 19(` 8, to include and permit concurrent marine patrol related jurisdiction between ag~ ;ncies on the waters, waterways, canals, channels, rivers, lakes, streams, and an'~ and all other bodies of waters, including the Intracoastal Waterway (ICVV) that f~ II within either jurisdiction at this or any future time during the term of this Mutual ~ ~,id Agreement. It will be agreed betwe n both Chiefs of Police of the Town of Golden Beach and the City of Aventura the following conditions of concurrent marine patrol related jurisdiction: 1. Both agencies be permitted to patrol jurisdictional waters of either jurisdiction, and 1 take enforcement actions as deemed appropriate under city, state, [nd federal laws, rules, and regulations, and to write boating law viola lion citations, make arrests, and to attend court on be- half of the other ~gency. 2. Both agencies a! ree that any and all incidents, which require an initial (preliminary) poll ;e offense incident report (OIR), will be completed by the agency maki g the initial contact. Any follow-up investigations that are required are :o be completed by the jurisdiction the incident occurred regardless of wh ch agency completed the original offense incident report. 3. If an arrest is ma tie by one agency that is operating in the jurisdictional waters of the oth ~r agency, and that arrest results in asset forfeiture proceedings, bot 3 agencies agree to a 50-50 share of the final asset distribution follov ,lng the payment of all expenses relating to the prose- cution of the civil case. The jurisdiction of civil forfeiture action shall be filed by seizing ~ency. 4. Both agencies ~ve the right to set their own days and hours for marine patrol and agree to provide assistance and aid to the other agency under the spirit of Mutu ~1 Aid Agreement. This Amendment shall I ~come effective upon the signing of both Chiefs of Police and shall remain in effe ~t until either the current Mutual Aid Agreement and Joint Declaration expires or ~ither agency gives written notice to the other agency to rescind this Amendmen I accept the terms an~ conditions of the aforementioned Amendment to the current Mutual Aid A, reement and Joint Declaration between the City of Aventura Police Departl lent and the Town of Golden Beach Police Department. .JUL 1998 , Date Date , Ci .7 Manager Eric M. Soroka, ~ity M~t~ager Golden Beach, Florida I Aventura, Florida~ Hernan D. Cardeno, Ch of of Police Thomas E. Ribel, Chief of Police Town of Golden Beach ~olice Dept. City of Aventura Police Dept. (914:Joint D~claration)