97-017 RESOLUTION NO. 97-17
A RESOLUTION OF THE CITY COUNCIL 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 COUNCIL 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 Councilmember Perlow, who moved its
adoption. The motion was seconded by Councilmember Cohen, and upon being put to a
vote, the vote was as follows:
Councilmember Jay R. Beskin yes
Councilmember Ken Cohen yes
Councilmember Harry Holzberg yes
Resolution No. 97-17
Page 2
Councilmember Jeffrey M. Perlow yes
Councilmember Patricia Rogers-Libert yes
Vice Mayor Arthur Berger absent
Mayor Arthur i. Snyder yes
PASSED AND ADOPTED this 4m day of March, 1997.
· MAYOR
A'FI'EST:
TERESA M. SMITH, CMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
CI A~ORNEY
EMS/tms
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 Dade
County municipalities; and
WHEREAS, the participating 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 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 murine 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 vadous 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 Village of Indian
Creek Public Safety Department or the participating municipal police
department.
C. Agency Head: Either the Chief of the Indian Creek Public Safety Department, or
the Chief's designees, and the Chief of Police of the participating municipal police
department, or the Chief's designees.
D. Participating municipal police department: The police department of any
municipality in 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, Flodda 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 who 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, dudng 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,
Flodda 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 financial 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 financial 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, dudng 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 dudng 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, 2001, under no cimumstancas 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
wdtten notice to the other party. Cancellation will be at the discretion of the Chief
executive officers of the parties hereto.
AGRE WLEDGEDthis ~ da of ~/r-~ /--- 1997
Villa~ Manager, Village of Indian Creek, Florida C f A
~J~/i~ [~l~r~, [/i,la~e of ,ndiah Creek, [,,~' -v,,? City Clerk, City of Aventura, Flonda
APPROVED AS TO FORM AND LEGAL SUFFICIENCY: APPROVED AS TO FORM AND LEGAL SUFFICIENCY
Village Attorney, Village of Indian Creek, Florida C~
JOINT DECLARATION OF THE CHIEF OF THE CITY OF AVENTURA POLICE
DEPARTMENT AND THE CHIEF OF THE VILLAGE OF INDIAN CREEK PUBLIC
SAFETY 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 pro-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 Village of Indian Creek, 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 trails, political conventions, labor disputes and stdkes.
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.
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 aimraft piracy.
8. Control of major crime scenes, area searches, perimeter control, backups to emergency
and in-progress calls, pursuits, and missing persons 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 nearby, calls or transmissions indicating as officer is injured,
calls indicating a crime of incident has occurred is which a citizen may likely be injured
and the assisting municipality is closer to the area that the officer receiving the cell.
10. Enemy attack
11. Transportation of evidence requiring security.
12. Major events; e.g., sporting events, concerts, parades, fairs, festivals, and conventions.
13. Secudty 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
posers within the area compromising the jurisdictional waters within respective municipal
boundaries.
C~iaf of Indian Creek Village Public Sefc~y Department Chief of City of Aventura Police Department,
Indian Creek Island, Fk~da Aventura, Florida
Leonard A. Matarese Thomas Ribel
ATTEST: ATTEST: .~..~ ~ ~-~. ~..~
Inai~n-d'te~k'~llla~; Vilk,~ Clo~'k TM ~- - ,. ~- city of Aventura, City Clerk