2010-24RESOLUTION NO. 2010-24
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
INDIAN CREEK VILLAGE 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 Indian Creek Village 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
and shall serve to ratify and confirm the earlier letter of extension.
The foregoing Resolution was offered by Commissioner Joel, who moved its
adoption. The motion was seconded by Commissioner Auerbach, and upon being put
to a vote, the vote was as follows:
Commissioner Zev Auerbach yes
Commissioner Bob Diamond yes
Commissioner Teri Holzberg yes
Commissioner Billy Joel yes
Commissioner Michael Stern absent
Commissioner Luz Urbaez Weinberg yes
Mayor Susan Gottlieb yes
Resolution No. 2010-2~
Page 2
PASSED AND ADOPTED this 4th day of May, 2010.
SAN GOT LIEB, MAYOR
ATTEST:
ESA M. SgSF~~, M~C
'CLERK \
APPROVED AS TO LEGAL SUFFICIENCY:
CITY ATTORNEY
MUTUAL AID AGREEMENT
Between the Village of Indian Creek Public Safety Department
And the City of Aventura Police Department
WHEREAS, it is the responsibility of the governments of the Village of Indian Creek,
Florida and the City of Aventura, Florida 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 likely to
be, beyond the control of the services, personnel, equipment or facilities of the
participating municipal police departments; and
WHEREAS, in order to ensure the 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 Village of Indian Creek, subdivision of
the State of Florida, and the City of Aventura, 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:
Short title: Mutual Aid Agreement
2. Description: Since the Mutual Aid Agreement provides for the requesting rendering
of assistance for both routine and law enforcement intensive situation 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. Defmi#ions:
A. Joint Declaration: A document which enumerates the various conditions of
Situation where aid may be requested or rendered pursuant to this agreement, as
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 declaration with the clerks of the
respective political subdivisions.
B. Agency or participating law enforcement agency. Either the Village of
Indian Creek Public Safety Department or the City of Aventura Police
Department.
C. Ageacy Head: Either the Chief of the Village of Indian Creek Public Safety
Department, or the Chief s designees, and the Chief of Police of the City of
Aventura Police Department or the Chief s designees.
D. Participating municipal poUce department: The police department of any
municipality in Miami-Dade Coenty, 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 Statues.
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 has 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, 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 the 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 subdivisio9n having financial responsibility for the iaw
enforcement agency providing the services, personnel, equipment or facilities
pursuant to the provisions of this Agreement shall beaz 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 the Agreement shall compensate all of it's
employees rendering aid pursuant to this Agreement, during the time of
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 for due for compensation due to
personal injury or death while such employees aze engaged in rendering such
aid. Such compensation shall also include all benefits normally due such
employees.
D. All exemption from 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 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 extraterritorial
under the provisions of this Mutual Aid Agreement. The provision 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 it's 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 the
Agreement, property subject to forfeiture under the Florida Contraband
Forfeiture Act, Florida Statutes, maybe 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 date of
signing, through and including January 1, 2015, under no circumstances may
the 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.
AGREED AND ACKNOWLEDGED this ~ day of~~~, 2010.
C. Samuel Kissinger illage Manager Manage
Indian Creek Vill ,Florida
ATTEST: ATTEST:
rilane Lima, Village Clerk -
Indian Creek Village, Florida Clerk
APPROVED AS TO FORM AND APPROVED AS TO FORM &
LEGAL SUFFICIENCY: LEGAL SUFFICIENCY
Steve Helfman, Attorney C
Indian Creek Villa e, l+ orida Attorney. "
JOINT DECLARATION OF THE CHIEF OF INDIAN CREEK VII.LAGE PUBLIC
SAFETY DEPARTMENT AND THE CHIEF OF POLICE OF THE CITY OF
AVENTURA POLICE DEPARTMENT PURSUANT TO MUTUAL AID AGREEMENT
A deputy sheriff 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 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.
In compliance with, and under the authority of, the Mutual Aid Agreement, hereto
entered into by the City of Aventura, Florida and Indian Creek Village, 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 maybe amended or supplemented form time to time, as needs
dictate by subsequent declarations.
1. Joint multi jurisdictional criminal investigations.
2. Civil affray or disobedience, disturbances, riots, large pmtest 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 limiting 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.
b. Escapes from or disturbance within detention facilities.
7. Hostage and barricaded subject situations, and aircraft piracy.
S. Control of major crime scenes, area searches, perimeter control, backups to
emergency and in-progress calls, pursuits, coordinated off-duty work, and
missing person's 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 assistance and no local unit is available or
neazby call 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,
canine, motorcycle, crime scene, marine patrol enforcement or investigation
and police information.
16. Joint training in areas of mutual need.
17. Mutual enforcement of all existing applicable laws and ordinances and
exercise of arrest powers within the area compromising the jurisdictional
waters within respective municipal boundaries.
Date: C~'~ -~~ - oiU
Date: (~' -O~-jC
t.6,,LPn9~.
Clazke P. Maher
Chief of Public Safety
Indian Creek Village Public
Safety Department, Indian Creek, Fl.
ATTEST:
'lane Lima
Village Clerk
Indian Creek Village, Florida
S ve Steinberg
Chief of Police
City of Aventura, Fl.
ATTEST:
~~~L
Clerk
of Av
JOINT DECLARATION AMENDMENT UNDER INDIAN CREEK VILLAGE
PUBLIC SAFETY DEPARTMENT/ CITY OF AVENTURA POLICE
DEPARTMENT MUTUAL AID AGREEMENT
This agreement amends the Joint Declaration under the Mutual Aid Agreement of ~ T ~ Z~ ~ ~
F A5, to include and permit concurrent marine patrol related jurisdiction
between agencies on the waters, waterways, canals, channels, rivers, lakes, streams, and
any and all other bodies of waters, including the Intracoastal waterway (ICV~ that fall
within either jurisdiction at this or any future time during the term of this Mutual Aid
Agreement.
It will be agreed between both Chiefs of Police of Indian Creek Village and the City of
Aventura Department to the following conditions of concurrent marine patrol related
jurisdiction:
1. Both agencies will be permitted to patrol jurisdictional waters of either
jurisdiction, and to take enforcement actions as deemed appropriate under
city, state and federal law, rules, and regulations, and to write boating law
violation citations, make arrests, and to attend court on behalf of the other
agency.
2. Both agencies agree that any and all incidents, which require an initial
(preliminary) police offense incident report (OIR), will be completed by the
agency making the initial contact. Any follow-up investigations that aze
required aze to be completed by the jurisdiction the incident occurred
regardless of which agency completed the original offense incident report.
3. If an arrest is made by the one agency that is operating in the jurisdictional
waters of the other agency, and that arrest results in asset forfeiture
proceedings, both agencies agree to a 50-50 share of the final asset
distribution following the payment of all expenses relating to the prosecution
of the civil case. The jurisdiction of civil forfeiture action shall be filed by the
seizing agency.
4. Both agencies have 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
the Mutual Aid Agreement.
This amendment shall become effective upon the signing of both Chiefs of Police and
shall remain in effect until either the current Mutual Aid Agreement and Joint
Declaration expires or ei#her agency gives written notice to the other agency to rescind
this Amendment.
I accept the terms and conditions of the aforementioned Amendment to the current
Mutual Aid Agreement and Joint Declaration between the City of Aventura Police
Department and the Indian Creek Village Public Safety Department.
Date: O1•- ~•'~-'7~CX O
C. Samue Kissi er, Village Manager
Indian Creek Vi e, Florida
Clarke P. Maher, Chief of Public Safety
Indian Creek Village, Florida
Date: OS-b~}
City Manager \
City of Aventura,
ve Steinberg, Chief of Police
City of Aventura, Florida