2000-007 RESOLUTION NO. 2000-07
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 BET~NEEN 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
Indian Creek Village and the City of Aventura 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 Commissioner Rogers-Libert, who moved
its adoption. The motion was seconded by Commissioner Pedow, and upon being put to a
vote, the vote was as follows:
Commissioner Jay R. Beskin yes
Commissioner Ken Cohen yes
Commissioner Harry Holzberg yes
Resolution No. 2000-07
Page 2
Commissioner Jeffrey M, Pedow
Commissioner Patdcia Rogers-Libert
Vice Mayor Arthur Berger
Mayor Arthur I. Snyder
PASSED AND ADOPTED this 1" day of February, 2000.
ATTEST:
TERESA M. SOROKA, CMO
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
CiTY ;ATTORNEY
EMS/tms
MUTUAL AID AGREEMENT
Between Indian Creek Village and the City of Aventura
WHEREAS, it is the responsibility of the governments of the 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, 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 mtmicipallties 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 Indian Creek Village, 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 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. Definitions:
A. Joint declaration: A document which enumerates the various conditions of 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 declaration with the
clerks of the respective political subdivisions.
B. Agency or participating law enforcement agency: Either the Indian Creek Village Public
Safety. Department or the Aventura Police Department.
C. Agency Head: Either the Chief of the Indian Creek Village Public Safety Department, or
the Chiefs designees, and the Chief of Police of the Aventura Police Department, or the
Chiefs designees.
D. Participating municipal police department: The police department of any municipality in
Miami-Dade County, 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 Statutes.
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 which 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 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 this 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 subdivision having f'mancial responsibility for the law enforcement agency
providing the 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 f'mancial responsibility for the law enforcement agency
providing aid pursuant to this 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 are 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, 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.
9. Effective Date and Duration: This Agreement shall be in effect from date of signing, through and
including January 1st, 2005, under no circumstances may 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 Chief executive officers of the
parties//~reto.
Vdlage lanager, lndtan Creek Village, Florida Manager. ACentura. Florida
ATTEST: ATTEST:
/
/Vfll~gTC~rk. ln'di~nC}e~Vfi~,v /'~ ' Clet~]Aventura, Fldrida~v -
Florida ~ (~/ ~- ....
APPROVED AS TO FORM AND LEGAL SUFFICIENCY: APPROVED AS TO FORM ,aND LEGAL SUFFICIENCY
Village Anomey. Indian Creek Village, Florida Attor~, Aventura, Florida
JOINT DECLARATION OF THE CHIEF OF THE CITY OF AVENTURA POLICE
DEPARTMENT AND THE CHIEF OF THE INDIAN CREEK VILLAGE PUBLIC SAFETY
DEPARTMENT PURSUANT TO 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 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 the 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 cdminal 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 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.
6. Escapes from or disturbance within detention facilities.
7. Hostage and barricaded subject situations, and aircraft piracy.
8. Control of major crime scenes, area searches, perimeter control, backups to emergency
and in-progress calls, pursuits, coordinated off-duty work, and missing persons calls.
9. Participating in exigent situations without a formal request that are spontaneous
occurrences such as area searches for wanted subjects, perimeters, cdmes in progress,
escaped prisoners. Traffic stops near municipal boundaries, request for assistance and no
local unit is available or nearby, calls or transmissions indicating an officer is injured, calls
indicating a cdme of 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
1 1. 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, cdme 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
boundades.
Chie~ of"l~dian C r'~ek-Village Public Safety Department Chief of Aventura Potice Department,
Indian Crae~, Florida Aventura, Florida
Leonard A. Matarese Thomas Ribel