Resolution No. 2022-29 Village of Biscayne Park Mutual Aid Agreement for Law Enforcement Activities - April 5, 2022 CITY OF AVENTURA RESOLUTION NO. 2022-29
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 THE VILLAGE OF BISCAYNE PARK 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 the Village of Biscayne Park 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 Shelley, who moved its
adoption. This motion was seconded by Commissioner Narotsky, and upon being put to
a vote, the vote was as follows:
Commissioner Billy Joel Yes
Commissioner Denise Landman Yes
Commissioner Dr. Linda Marks Yes
Commissioner Marc Narotsky Yes
Commissioner Robert Shelley Yes
Vice Mayor Rachel S. Friedland Yes
Mayor Enid Weisman Yes
City of Aventura Resolution No. 2022-29
PASSED AND ADOPTED this 5th day of April, 2022.
RACHEL S. FRIEDLAND, VICE MAYOR
`\
* *
N ' F O`
ATTEST:
ELLISA L. HOR�MC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
CITY ATTORNEY
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MUTUAL AID AGREEMENT
Between the City of Aventura
and the Village of Biscayne Park
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 are likely to be, beyond the control of the services,
personnel, equipment, or facilities of the City of Aventura Police Department and the Village of Biscayne
Park Police Department; and,
Whereas, the City of Aventura and the Village of Biscayne Park are located in such relation to each other
that it is to the advantage of each to receive and extend mutual aid in the form of law enforcement services
and resources to adequately respond to intensive situations, including, but not limited to, natural or
manmade disasters or emergencies as defined under§ 252.34, Florida Statutes; and,
Whereas, in order to ensure that 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 municipalities; and,
Whereas,the City of Aventura and the Village of Biscayne Park have the authority under § 23.12, Florida
Statutes, et seq., the Florida Mutual Aid Act, to enter into a mutual aid agreement for law enforcement
service which provides for rendering of assistance in a law enforcement emergency.
NOW,THEREFORE,the City of Aventura,a Florida municipal corporation,and the Village of Biscayne
Park, a Florida municipal corporation, in consideration for mutual promises to render valuable aid in time
of necessity, do hereby agree to fully and faithfully abide by and be bound by the following terms and
conditions:
SECTION I: SHORT TITLE: Mutual Aid Agreement("Agreement")
SECTON II: DESCRIPTION
Since the Mutual Aid Agreement provides for the requesting and rendering of assistance for both routine
and law enforcement intensive 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.
SECTION III: 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 concerned agency heads,thejoint 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 Village of Biscayne Park Police Department.
c. Agency Head: Either the Chief of the City of Aventura Police Department, or Chief s designees;
and the Chief of the Village of Biscayne Park, or the Chiefs designees.
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d. The participating police department: The police department of any municipality in the State of
Florida that has approved and executed this Agreement upon the approval of the governing body
of that municipality.
e. Certified law enforcement employee: Any law enforcement employee certified as provided in
Chapter 943, Florida Statutes.
SECTION IV: OPERATIONS
a. In the event that a party to this Agreement is in need of assistance as set specified in the applicable
joint declaration, an authorized representative of the agency requiring assistance shall notify the
agency head or his/her designee from whom such assistance is requested. The agency head or
authorized agency representative 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 agency head 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. The agency head's decision in these matters shall be
final.
c. Each party to this Agreement agrees to furnish necessary personnel, 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 unreasonably deplete its own personnel, equipment, resources, facilities, and services
in furnishing such mutual aid, as determined by the furnishing party.
d. 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. However,
each employee shall also be subject to the personnel rules, regulations, procedures, and policies
applicable to his or her employing agency.
e. The personnel and equipment that are assigned by the assisting agency head shall be under the
immediate command of a supervising officer designated by the assisting agency head. Such
supervising officer shall be under the direct supervision and co►nmand of the agency head or his/her
designee of the agency requesting assistance.
f. Whenever an officer or other employee is rendering assistance pursuant to this Agreement, the
officer or employee shall abide by and be subject to the rules and regulations, personnel policies,
general orders and standard operating procedures of his/her own employing agency. If any such
rule, regulation, personnel policy, general order or standard 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, personnel policy, general order or procedure shall control and
shall supersede the direct order.
g. 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 agency head or his/her designee of the requesting agency shall
be responsible for the documentation of said complaint to ascertain at a minimum:
Mutual Aid Agreement—City of Aventura and Village of Biscayne Park
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1. The identity of the complainant.
2. An address where the complaining party can be contracted.
3. The specific allegation
4. The identity of the accused employee(s) without regard to agency
affiliation
If it is determined that the accused is an employee of the assisting agency, the above information,
with all pertinent documentation gathered during the receipt and processing of the complaint, shall
be forwarded without delay to the agency head or his/her designee of the assisting 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: POWERS,PRIVILEDGES,IMMUNITIES,COSTS
a. All employees of the participating police department, including 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 financial responsibility for the law enforcement agency providing
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 its employees rendering aid pursuant to this
Agreement, during the time of the 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, worker's
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 extraterritorially under the provisions of
the Mutual Aid Agreement. The provisions of this Agreement shall apply with equal effect to paid
and auxiliary employees.
e. 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 perfonning hereunder.
f. Nothing in this Agreement is intended or is to be construed as any transfer or contracting away of
the powers or functions of one party hereto to the other.
g. This Agreement creates no rights or benefits in favor of any third parties and there are no intended
third party beneficiaries with regard to the provisions herein.
Mutual Aid Agreement-City of Aventura and Village of Biscayne Park
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SECTION VI: INDEMNIFICATION
a. The political subdivisions having financial responsibility for the law enforcement agency providing
aid pursuant to this Agreement, agrees to hold hannless, defend, and indemnify the requesting law
enforcement 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.
b. Each party engaging in any mutual cooperation or assistance,pursuant to this Agreement, agrees
to assume responsibilities for the acts, omissions, or conduct of such party's own employees while
engaged in rendering aid pursuant to this Mutual Aid Agreement, subject to the provisions of §
768.28, Florida Statutes, where applicable.
c. Each party shall provide satisfactory proof of liability insurance or self insurance by one or more
of the means specified in § 768.28(15)(a), Florida Statutes, in an amount which is, in the judgment
of the governing body of that party, at least adequate to cover the risk to which that party may be
exposed. Should insurance coverage, however provided, of any party be cancelled or undergo
material change,that party shall notify all parties to this Agreement of such change within ten(10)
days of receipt of notice or actual knowledge of such change.
SECTION VII: FORFEITURES
a. In the event that a participating agency seizes any real property, vessel, motor vehicle, aircraft,
currency or other property pursuant to the Florida Contraband Forfeiture Act during the
performance of this Agreement, the agency requesting assistance in the case of requested
operational assistance and the seizing agency in the case of voluntary cooperation shall be
responsible for maintaining any forfeiture action pursuant to Chapter 932, Florida Statutes. The
agency pursuing the forfeiture action shall have the exclusive right to control and the responsibility
to maintain the property in accordance with Chapter 932, Florida Statutes, to include, but not
limited to,the complete discretion to bring the action or dismiss the action.
b. All proceeds from forfeited property seized as a result of or in accordance with this Agreement
shall be divided in proportion to the amount of investigation and participation performed by each
agency, less the costs associated with the forfeiture action.
SECTION VIII: 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.
SECTION IX: EFFECTIVE DATE
This Agreement shall take effect upon execution and approval by the hereinafter named officials and shall
continue in full force and effect until December 30,2025. Under no circumstances may this Agreement be
renewed, amended, or extended except in writing.
SECTION X: CANCELLATION
Any party may cancel its participation in this Agreement upon sixty (60) days written notice to the other
party or parties. Cancellations will be at the discretion of any subscribing party.
Mutual Aid Agreement-City ofAventura and Village of Biscayne Park
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IN WITNESS WHEREOF,the parties hereto cause these presents to be signed on the date specified.
—Mario
Ronald J. Wasson Vi$11
Village Manager Vill anager
v"P
City of Aventura Vil age of Biscayne Park
rN I
Date: Date•
ATTEST: ATTEST:
Ellisa L.Horvath �Iantay J.Dabney����
City Clerk Village Clerk
City of Aventura Village of Biscayne Park
Approved as to form Approved as to form
and legal sufficiency: and legal sufficiency:
David M.Wolpin Edward A.Dion
City Attorney Village Attorney
City of Aventura Village of Biscayne Park
Filing the mutual aid agreement., Sedlon 23.122.54(4),Florida Stalutes,requires the filing of a ropy of the signed Mutual Aid
Agreement with FDLE within 14 days after signature. Filing may he acco"Vilsked by either nwiling to FDLE,P0 Box 1489,
Tallahassee,FL 32302,Attention. Mulua/Ah4 or lay fax to(904)488 1760.
Mutual Aid Agreement-City of Aventura and Village ofBiscayne Park-
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