Mutual Aid Agreement/MBPD & City of Aventura
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MUTUAL AID AGREEMENT
This Agreement is between the City of Miami Beach Police Department and the
City of Aventura Police Department.
WHEREAS, it is the responsibility of the governments of the City of Aventura,
Florida, and the City of Miami Beach, 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 other natural and manmade
conditions which are, or are 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 KNOW, that the City of Aventura, and the City of
Miami Beach, Florida, and their undersigned representatives, in consideration of
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
and rendering of assistance for both routine and intensive law enforcement
situations, 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
or 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 declarations with the clerks of the respective political
subdivisions.
B. Agency or Participating Law Enforcement Agency: Either the City of
Aventura Police Department or the Miami Beach Police Department.
C. Agency Head: Either the Chief of the City of Aventura Police Department,
or the Chiefs designees, and the Chief of Police of the City of Miami
Beach, or the Chiefs designees.
D. Certified Law Enforcement Employees: 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 or
participating Law Enforcement Agency from which such assistance is
requested. The authorized Agency Head whose assistance is sought
shall evaluate the situation and his/her 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 Agency, 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 participating employees of the Agency under this Agreement, shall be
Certified Law Enforcement Employees, during such time these said
Employees are actually providing aid outside of the jurisdictional limits of
the employing Agency, pursuant to a request for aid made in accordance
with this Agreement; and 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 Agency in which
they are regularly employed.
B. Each political Agency having financial responsibility for their respective
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 Agency
providing aid pursuant to this Agreement shall compensate all of its
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 or 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 exemptions from ordinances and rules, and all pension, insurance,
relief, disability, workers compensation, salary, death, and other benefits
which apply to the activity of employees of each respective 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 Agreement.
6. Indemnification: The political subdivision having financial responsibility for
the Agency providing aid pursuant to this Agreement agrees to hold harmless,
defend, and indemnify the requesting Agency, 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 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 the
date of execution by each Agency, and shall be effective, through and
including January 1, 2010. Under no circumstances may this Agreement be
renewed, amended or extended except in writing.
10. Cancellation: This Agreement may be canceled without cause and/or
convenience by either party upon sixty (60) days written notice to the other
party.
,2007.
i Beach
ATTEST:
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City Clerk, City of Miami Beach
~RM AND LEGAL SUFFICIENCY:
City Attorney, City of Aventura
APPROVED AS TO
FORM & LANGUAGE
& FOR CUTION
JOINT DECLARATION
OF THE CHIEF OF THE CITY OF AVENTURA POLICE DEPARTMENT AND
THE CHIEF OF THE CITY OF MIAMI BEACH POLICE DEPARTMENT
PURSUANT TO MUTUAL AID AGREEMENT
A deputy sheriff or police officer of either 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 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 City of Miami 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 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, backups to
emergency and in-progress calls, pursuits, and missing persons calls
9. Enemy attack
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 or specialized units; e.g. underwater recovery,
canine, motorcycle, crime scene, marine patrol enforcement or investigation,
and police information
15. Joint training in areas of mutual need
16. Participating in exigent situations without a formal request which are
spontaneous occurrences such as area searches for wanted subjects,
perimeters, crimes in progress
17. Mutual enforcement of all existing applicable laws and ordinances and
exercise of arrest powers within the area comprising the jurisdictional waters
within respec~vJ ~ nicipal boundaries
DATE: "l CffJ/Po7 DATE: V/V/z.-ct 7
,
Clilef of the City of Aventura
City of Aventura, Florida
Steve Steinberg
JU ·
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City Clerk, City of Miami Beach
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
~
\ If-..-.. Date
JOINT DECLARATION AMENDMENT UNDER
MIAMI BEACH I AVENTURA POLICE DEPARTMENTS
MUTUAL AID AGREEMENT
This agreement amends the Joint Declaration under the Mutual Aid Agreement of
{If fe-Blum! if 2007, 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, 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 the City of Aventura and the
City of Miami Beach 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 laws, rules, and regulations, and to write boating
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 are
required are 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 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 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 either 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 City of Miami Beach Police Department.
Date
if /y/z LId 7
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fhief of Police, City of Aventura
Date
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APPROVE[},AS TO FORM AND LEGAL SUFFICIENCY:
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City Attorney, City of Aventura