Resolution No. 2020-05 Mutual Aid Agreement with Indian Creek Village for Law Enforcement Activities - January 7, 2020 RESOLUTION NO. 2020-05
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.
The foregoing Resolution was offered by Commissioner Shelley, who moved its
adoption. The motion was seconded by Commissioner Mezrahi, and upon being put to
a vote, the vote was as follows:
Commissioner Denise Landman Absent
Commissioner Dr. Linda Marks Yes
Commissioner Gladys Mezrahi Yes
Commissioner Robert Shelley Yes
Commissioner Howard Weinberg Yes
Vice Mayor Marc Narotsky Yes
Mayor Enid Weisman Yes
City of Aventura Resolution No. 2020-05
PASSED AND ADOPTED this 7th day of January, 2020.
ENID WEISMAN, MAYOR
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ATTEST:
ELLISA L. HORVATH, 16 -C9--
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
CITY ATTORNEY
COMBINED VOLUNTARY COOPERATION AND
OPERATIONAL ASSISTANCE
MUTUAL AID AGREEMENT
BETWEEN
INDIAN CREEK VILLAGE, FLORIDA AND
THE CITY OF AVENTURA, FLORIDA
This Voluntary Cooperation and Operational Assistance Mutual Aid Agreement(the"Agreement")
is made as of this rjth day of V(aq h , 2020, by and between the INDIAN CREEK VILLAGE, FLORIDA, a
Florida municipal corporation, having its principal office at 9080 Bay Drive
Indian Creek Village, FL 33154, and the CITY OF AVENTURA, FLORIDA, a Florida municipal corporation
having its principal office at 19200 West Country Club Drive, Aventura, Florida 33180, and states as
follows:
WHEREAS, it is the responsibility of the governments of Indian Creek Village, 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, there is an 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 Indian Creek Village Police Department or the City
of Aventura Police Department; and
WHEREAS, Indian Creek Village and the City of Aventura are so located in relation to each other
that it is in the best interest and advantage of each to receive and extend mutual aid in the form of law
enforcement services and resources to adequately respond to:
(1) Continuing, multi-jurisdictional criminal activity, so as to protect the public
peace and safety, and preserve the lives and property of the people; and
(2) Intensive situations including, but not limited to, natural or manmade disasters or
emergencies as defined under Section 252.34, Florida Statutes; and
(3) Joint provision of certain law enforcement services specified herein and allowed
pursuant to Florida Statute 166.0495; and
Mutual Aide Agreement between City of Aventura
and Indian Creek Village
WHEREAS, Indian Creek Village and the City of Aventura have the authority under The Mutual Aid
Act, Chapter 23, Part I, Florida Statutes, to enter into a combined mutual aid agreement for law
enforcement services which:
(1) Permits voluntary cooperation and assistance of a routine law enforcement nature across
jurisdictional lines; and
(2) Provides for rendering of assistance in a law enforcement emergency.
NOW,THEREFORE,BE IT KNOWN,that Indian Creek Village, a political subdivision of the State of
Florida, and the City of Aventura a political subdivision of the State of Florida, 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.
SECTION 1: PROVISIONS FOR VOLUNTARY COOPERATION
Each of the aforesaid law enforcement agencies hereby approve and enter into this Agreement
whereby each of the agencies may provide voluntary cooperation and assistance of a routine law
enforcement nature across jurisdictional lines. The nature of the law enforcement assistance to be
rendered shall include but not be limited to:
a. Concurrent law enforcement jurisdiction in and throughout the territorial limits of Indian Creek
Village and the City of Aventura for arrests, made pursuant to the laws of arrest, for felonies and
misdemeanors, including arrestable traffic offenses, which spontaneously take place in the
presence of the arresting officer, at such times as the arresting officer is traveling from place to
place on official business outside of his or her jurisdiction,for example,to or from court,or at any
time when the officer is within the territorial limits of his or her jurisdiction.
b. Concurrent law enforcement jurisdiction in and throughout the territorial limits of Indian Creek
Village and the City of Aventura for arrests, made pursuant to the laws of arrest, of persons
identified as a result of investigations of any offense constituting a felony or any act of Domestic
Violence as defined in Section 741.28, Florida Statutes, when such offense occurred in the
municipality employing the arresting officer.
c. Concurrent law enforcement jurisdiction in and upon the jurisdictional waters of Indian Creek
Village and the City of Aventura for arrests, made pursuant to the laws of arrest,for felonies and
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Mutual Aide Agreement between City of Aventura
and Indian Creek Village
misdemeanors and boating infractions.
d. Participating in exigent situations, without the need for a formal request, including, but not
limited to,area searches for wanted subjects,perimeters,crimes in progress, escaped prisoners,
traffic stops near municipal boundaries, requests for assistance when no available local units
are nearby,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.
e. Concurrent law enforcement jurisdiction in and throughout the territorial limits of Indian Creek
Village and the City of Aventura for investigations of homicides, sex offenses, robberies, assaults,
batteries, burglaries, larcenies, gambling, motor vehicle thefts, drug violations pursuant to
Chapter 893, Florida Statutes, and inter-agency task forces and/or joint investigations.
Prior to any officer taking enforcement action pursuant to paragraphs (a)through (e) above,the
officer shall notify the jurisdiction in which the action will be taken, unless exigent circumstances prevent
such prior notification, in which case notification shall be made as soon after the action as practicable. If
the agency having normal jurisdiction responds to the scene the assisting agency's officer may turn the
situation over to them and offer any assistance requested including,but not limited to,a follow-up written
report documenting the event and the actions taken.
These provisions are not intended to grant general authority to conduct investigations, serve
warrants and/or subpoenas or to respond without request to emergencies already being addressed by
the agency of normal jurisdiction, but is intended to address critical, life-threatening or public safety
situations, prevent bodily injury to citizens, or secure apprehension of criminals whom the law
enforcement officer may encounter.
SECTION II: PROVISIONS FOR OPERATIONAL ASSISTANCE
The aforesaid law enforcement agencies hereby approve and enter into this Agreement whereby
each of the agencies may request and render law enforcement assistance to the other to include, but not
necessarily be limited to dealing with,the following:
a. Joint multi-jurisdictional criminal investigations.
b. Civil affray or disobedience, disturbances, riots, large protest demonstrations and assemblies,
controversial trials, political conventions, labor disputes, and strikes.
c. Any natural,technological or manmade disaster.
d. 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,
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Mutual Aide Agreement between City of Aventura
and Indian Creek Village
radiological incidents, train wrecks and derailments, chemical or hazardous waste spills, and
electrical power failures.
e.Terrorist activities including, but not limited to, acts of sabotage.
f. Escapes from,or disturbances within, prisoner processing facilities.
g. Hostage and barricaded subject situations, and aircraft piracy.
h. Control of major crime scenes, area searches, perimeter control, back-ups to emergency and in-
progress calls, pursuits, and missing person calls.
i. Enemy attack.
j. Transportation of evidence requiring security.
k. Major events, e.g., sporting events, concerts, parades,fairs, festivals, and conventions.
I. Security and escort duties for dignitaries.
m. Incidents requiring utilization of specialized units; e.g., underwater recovery, marine patrol,
aircraft, canine, motorcycle, bicycle, mounted, SWAT, bomb, crime scene and police information.
n. Emergency situations in which one agency cannot perform its functional objective.
o. Joint training in areas of mutual need.
p. Joint multi-jurisdictional marine interdiction operations.
q. Off-duty special events.
r. DUI Checkpoints.
SECTION III: PROCEDURE FOR REQUESTING OPERATIONAL ASSISTANCE
a. Mutual aid requested or rendered will be approved by the Chief of Police, or designee. The Chief
of Police,or designee,of the agency whose assistance is sought shall evaluate the situation and the
agency's available resources, consult with his/her supervisors, if necessary, and will respond in a
manner he/she deems appropriate.
b. The Chief of Police in whose jurisdiction assistance is being rendered may determine who is
authorized to lend assistance in his/her jurisdiction,for how long such assistance is authorized,and
for what purpose such authority is granted. This authority may be granted either verbally or in
writing as the particular situation dictates.
c. Specific reporting instructions for personnel rendering mutual aid will be included in the request
for mutual aid. In the absence of such reporting instructions, personnel will report to the ranking
on-duty supervisor on the scene.
d. Communications instructions should be included in each request for mutual aid and each agency's
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Mutual Aide Agreement between City of Aventura
and Indian Creek Village
communications centers will maintain radio contact with each other until the mutual aid situation
has ended.
e. Incidents requiring mass processing of arrestees, transporting prisoners, and operating temporary
detention facilities will be handled per established procedures of the requesting agency or Chief of
Police involved.
SECTION IV: COMMAND AND SUPERVISORY RESPONSIBILITY
a. COMMAND:
The personnel and equipment that are assigned by the assisting Chief of Police shall be under the
immediate command of a supervising officer designated by the assisting Chief of Police. Such
supervising officer shall be under the direct supervision and command of the Chief of Police or his/her
designee of the agency requesting assistance.
b. CONFLICTS:
Whenever an officer is rendering assistance pursuant to this Agreement, the officer shall abide by
and be subject to the rules and regulations, personnel policies, general orders, and standard
operating procedures of his/her own employer. If any such rule, regulation, personnel policy,general
order or standing operating procedure is contradicted, contravened or otherwise in conflict with a
direct order of a superior officer of the requesting agency,then such rule, regulation, policy,general
order or procedure shall control and shall supersede the direct order.
c. HANDLING COMPLAINTS:
Whenever there is cause to believe that a complaint has arisen as a result of a cooperative effort as
it may pertain to this Agreement,the Chief of Police or his/her designee of the agency employing the
officer who is the subject of the complaint shall be responsible for the investigation of the complaint.
The Chief of Police or designee of the requesting agency should ascertain at a minimum:
1.The identity of the complainant;
2. An address where the complaining party can be contacted;
3. The specific allegation; and
4. The identity of the employees accused without regard as to agency affiliation.
If it is determined during the investigation of a complaint that the accused is an employee of the
assisting agency, the above information, with all pertinent documentation gathered during the
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Mutual Aide Agreement between City of Aventura
and Indian Creek Village
receipt and processing of the complaint, shall be forwarded without delay to the agency for
administrative review. The requesting agency may conduct a review of the complaint to determine
if any factual basis for the complaint exists and/or whether any of the employees of the requesting
agency violated any of their agency's policies or procedures.
SECTION V: LIABILITY
Each party engaging in any mutual cooperation and assistance, pursuant to this Agreement,
agrees to assume responsibility for the acts, omissions or conduct of such party's own employees while
engaged in rendering such aid pursuant to this Agreement, subject to the provisions of Section 768.28,
Florida Statutes,where applicable.
SECTION VI: POWERS, PRIVILEGES, IMMUNITIES AND COSTS
a. Employees of Indian Creek Village and the City of Aventura when actually engaging in mutual
cooperation and assistance outside of their normal jurisdictional limits but inside this State, under
the terms of this Agreement, shall, pursuant to the provisions of Section 23.127 (1), Fla. Stat. (as
amended), have the same powers, duties, rights, privileges and immunities as if the employee was
performing duties inside the employee's political subdivision in which normally employed.
b. Each party agrees to furnish necessary personnel equipment, resources and facilities and to render
services to each other party to this agreement as set forth above; provided, however,that no party
shall be required to deplete unreasonably its own personnel, equipment, resources, facilities, and
services in furnishing such mutual aid.
c. The political subdivision that furnishes equipment pursuant to this Agreement must bear
the cost of loss or damage to that equipment and must pay any expense incurred in the operation
and maintenance of that equipment.
d. The political subdivision furnishing aid pursuant to this Agreement shall compensate its employees
during the time of the rendering of aid and shall defray (provide for the payment of) the actual
travel and maintenance expenses of its employees while they are rendering aid, including any
amounts paid or due for compensation for personal injury or death while its employees are
rendering aid.
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Mutual Aide Agreement between City of Aventura
and Indian Creek Village
e. The privileges and immunities from liability,exemption from laws,ordinances and rules,and pension,
insurance, relief, disability, workers' compensation, salary, death, and other benefits that apply to
the activity of an employee of an agency when performing the employee's duties within the
territorial limits of the employee's agency apply to the employee to the same degree, manner, and
extent while engaged in the performance of the employee's duties extraterritorially under the
provisions of this mutual aid Agreement.This section applies to paid,volunteer, reserve and auxiliary
employees.
f. Nothing herein shall prevent the requesting agency from requesting supplemental appropriations
from the governing authority having budgeting jurisdiction to reimburse the assisting agency for any
actual costs or expenses incurred by the assisting agency performing hereunder.
SECTION VII: FORFEITURES
It is recognized that during the course of the operation of this Agreement, property subject to
forfeiture under Sections 932.701-932.707, Florida Statutes,known as the"Florida Contraband Forfeiture
Act," 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 pursuant of the provisions of the "Florida Contraband Forfeiture Act."
SECTION VIII: INSURANCE
Each political subdivision shall provide, upon request, satisfactory proof of liability insurance by
one or more of the means specified in Section 768.28, Florida Statutes, in an amount which is, in the
judgment of the governing body of that political subdivision, at least adequate to cover the risk to which
that party may be exposed. Should the insurance coverage, however provided, of any party be canceled
or undergo material change, that party shall notify all parties to this Agreement of such change within
ten (10) days of receipt of the notice or actual knowledge of such change.
SECTION IX: EFFECTIVE DATE
This agreement shall take effect retroactively from January 1, 2020 upon execution and approval
by the hereinafter named officials and shall continue in full force and effect until December 31, 2024.
Under no circumstances may this agreement be renewed, amended or extended except in writing.
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Mutual Aide Agreement between City of Aventura
and Indian Creek Village
SECTION X: CANCELLATION
Either party may cancel its participation in this Agreement upon delivery of written notice to the
other political subdivision.
IN WITNESS WHEREOF, the parties hereto cause these presents to be signed on the date first
written above.
AGREED AND ACKNOWLEDGED this ` day of '`"`oJo ' , 020.
, ,7..."4„fryie/i4 7i, .. /
I
JENNIFER MEDINA RONALD J. grON
Village Manager City Manager
Indian CreekVillage, Florida City of Aventura, Florida
Date: 3/4/ /a 0c70 Date: l l
ATTEST: _ ATTEST:
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1.
MARILANE LIMA ( 1V1 1 . ISA L. HORVATH, �41"
Village Clerk \-1`,3.40V-' <'71%Ja.ity Clerk
Indian Creek Village, Florida d=f iC, y of Aventura, Florida
4
APPROVED AS TO FORM AND APPROVED AS TO FORM AND
LEGAL SUFFICIENCY: LEGAL SUFFICIENCY:
41
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WEISS SEROTA HELFMAN O.E': R AN, P.L WEISS SEROTA HELFMAN COLE
Village Attorney & BIERMAN, P.L
Indian Creek Village, Flori.: City Attorney
City of Aventura, Florida
2
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CLARKE MAHER BRYAN PEGU'S /
Chief of Police Chief of Police
Indian Creek Village, Florida City of Aventura, Florida
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JOINT DECLARATION BETWEEN
THE CITY OF AVENTURA AND INDIAN CREEK VILLAGE PURSUANT TO A
MUTUAL AID AGREEMENT
A 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 preplanned 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 heretofore
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 may be amended or supplemented from time to time as needs dictate by subsequent
declarations.
1. Joint multi jurisdictional 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 spills, and electrical power failures.
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.
Joint Declaration of Mutual Aid
City of Aventura and Indian Creek Village
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 multi jurisdictional marine interdiction operations.
The following procedures will apply in mutual aid operations:
1. Mutual aid requested or rendered will be approved by the Chief of Police or
designee.
2. Specific reporting instructions for personnel rendering mutual aid should be
included in the request for mutual aid. In the absence of such instructions,
personnel will report to the ranking on-duty supervisor on the scene.
3. Communications instructions will be included in each request for mutual aid.
4. Incidents requiring mass processing of arrestees, transporting prisoners, and
operating temporary detention facilities will be handled per established
procedures.
AGREED TO AND ACKNOWLEDGED this 23 day of J,,.v frreZ , 2020.
Clarke Maher Bryan Pegue /
Chief of Police Chief of Police
Indian Creek Village, Florida Aventura, Florida
Date: 0< Date: I I 'y
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s'
Joint Declaration of Mutual Aid
City of Aventura and Indian Creek Village
ATTEST: ATTEST:
1 r/
W `�{t Horvath,
M. 'lane Lima \�`�-==��,�,3/ � �
Village Clerk - I erk
Indian •Creek Village, Florida `e9 '1 Xventura, Florida
Approved as to form Approved as to form
and legal sufficiency: '"\ and legal sufficiency: ^
`/I
Village Attorney C r Atto ey
Indian Creek Village • da City of Aventura, Florida
Date: 315202L) Date: 1 -7 2z9aa
II
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