Resolution No. 2024-76 MDC Association of Chiefs of Police Combined Voluntary Cooperation and Operational Assistance Mutual Aid Agreement - November 19, 2024 MIAMI-DADE COUNTY ASSOCIATION OF CHIEFS OF POLICE
COMBINED VOLUNTARY COOPERATION AND OPERATIONAL ASSISTANCE
MUTUAL AID AGREEMENT IN AND BETWEEN THE SIGNATORY LAW
ENFORCEMENT AGENCIES
This Voluntary Cooperation and Operational Assistance Mutual Aid Agreement
("Agreement") is made by and between the Signatory Law Enforcement Agencies,
including the municipal governments / corporations / political subdivisions located within
Miami-Dade County and the Constitutional Sheriff's Office for Miami-Dade County, each
having principal offices at the locations designated in their signature panels. The
Signatory Law Enforcement Agencies state as follows:
WHEREAS, it is the responsibility of the municipal governments / corporations /
political subdivisions located within the boundaries of Miami-Dade County, Florida, and
of the Miami-Dade County Sheriff's Office to ensure the public safety and welfare of
their citizens by providing adequate levels of public safety and police services to address
any foreseeable routine / emergency situation; and
WHEREAS, there exists a continuing possibility of the occurrence of situations /
issues, and other natural / manmade conditions that require law enforcement response
which are, or are likely to be, beyond the control of the capabilities, services, personnel,
equipment or facilities of one or more of the Signatory Law Enforcement Agencies; and
WHEREAS, the Signatory Law Enforcement Agencies must ensure their
preparations and operations will be adequate to address any and all of these conditions,
to protect the public peace, safety and security, and to preserve the lives and property of
the people of Miami-Dade County, Florida and of the municipal governments /
corporations / political subdivisions located within Miami-Dade County; and
WHEREAS, the Signatory Law Enforcement Agencies 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 law enforcement services specified herein and allowed
pursuant to Section 166.0495, Florida Statute; and
WHEREAS, the Signatory Law Enforcement Agencies have the authority under
the Florida Mutual Aid Act, Chapter 23, Part I, Florida Statutes, to enter into a Mutual
Aid Agreement for law enforcement services, which both:
0) Permits voluntary cooperation and operational assistance of a routine law
enforcement nature across jurisdictional lines; and
(2) Provides for rendering of assistance in a law enforcement emergency.
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NOW, THEREFORE, BE IT KNOWN, that the Signatory Law Enforcement
Agencies, and their respective political subdivisions of the State of Florida, in
consideration of mutual promises to render valuable aid in daily operations and in times
of necessity, do hereby agree to fully and faithfully abide by and be bound by the
following terms and conditions:
1. Provisions for Voluntary Cooperation: the Signatory Law Enforcement
Agencies hereby approve and enter into this Agreement whereby each of these
agencies may provide voluntary cooperation and assistance of a routine or
emergency law enforcement nature across jurisdictional lines. The nature of the
law enforcement assistance to be rendered shall include but is not limited to:
A. Concurrent law enforcement jurisdiction in and throughout the
jurisdictional limits of the Signatory Law Enforcement Agencies 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 their jurisdiction (e.g., to / from court, vehicle maintenance run,
any authorized use / operation, per agency policy, of their law
enforcement vehicle).
B. Concurrent law enforcement jurisdiction in and throughout the
jurisdictional limits of the Signatory Law Enforcement Agencies for
arrests, made pursuant to the laws of arrest, of persons identified because
of investigations of any offense constituting a felony, violent misdemeanor
or any act of Domestic Violence as defined in Section 741 .28, Florida
Statutes, when such offense occurred within the jurisdiction of the agency
employing the arresting officer.
C. Concurrent law enforcement jurisdiction in and upon the jurisdictional
waters of the Signatory Law Enforcement Agencies, for arrests, made
pursuant to the laws of arrest, for felonies and misdemeanors and for
boating infractions.
D. Concurrent law enforcement jurisdiction for certain 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, 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
jurisdictional limits of the Signatory Law Enforcement Agencies, for
investigations of, but not limited to, homicides, sex offenses, robberies,
assaults, batteries, burglaries, larcenies, frauds, gambling, motor vehicle
thefts, drug violations pursuant to Chapter 893, Florida Statutes, Internal
Affairs, and multi-agency task forces /joint investigations.
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F. Flagrant violations of Traffic Laws, that left unchecked could reasonably
lead to the injury of people on / around the roadway upon which the
violation is occurring (e.g. speeding through a school zone or weaving
through heavy traffic).
Prior to any officer taking enforcement action pursuant to paragraphs (A) through
(F) 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, they will have the absolute
authority to decide whether to take over the situation. If the agency of normal
jurisdiction decides to take over, then the assisting agency's officer(s) shall offer
and are required to provide any assistance requested. The assisting agency's
officer(s) shall, at a minimum, author a follow-up written report documenting the
event and the actions taken.
These provisions are not intended to grant general law enforcement operational
authority, 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.
2. Provisions for Operational Assistance: the Signatory Law Enforcement
Agencies approve and enter into this Agreement whereby each of these
agencies may request / render law enforcement assistance to the other to
include, but not necessarily limited to, the following:
A. Joint multi-jurisdictional criminal investigations.
B. Civil affray or disobedience, disturbances, riots, large protest
demonstrations, controversial trials, political conventions, labor disputes,
and strikes.
C. Any natural, technological, or manmade disaster.
D. Incidents which may require rescue operations / crowd / 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.
E. Terroristic activities including, but not limited to, acts of sabotage.
F. Escapes from or disturbances within detention facilities.
G. Hostage and barricaded subject situations, and aircraft piracy.
H. Control of major crime scenes, area searches, perimeter control, backups
to emergency and in-progress calls, pursuits, and missing persons calls.
I. Enemy attack /Active Shooter/Active Assailant.
J. Transportation of evidence requiring security.
K. Major events (e.g., sporting events, concerts, parades, fairs, festivals, and
conventions).
L. Security and escort duties for dignitaries.
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M. Situations in which one agency cannot perform its functional objective.
N. Incidents requiring utilization of specialized units (e.g. underwater
recovery, aircraft, canine, motorcycle, bicycle, mounted, SWAT, bomb,
crime scene, marine patrol enforcement or investigation, intelligence,
police / public information, DUI / BUI Investigators [BTO, SFST, DRE]).
O. Joint training in areas of mutual interest.
P. Exigent situations without a formal request which occur / arise from
spontaneous occurrences (i.e. 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 an officer is injured, calls
indicating a crime or incident has occurred in which a citizen may likely be
injured and the assisting agency is closer to the area than the officer
receiving the call, active shooter / assailant situations).
Q. Mutual enforcement of all existing applicable laws and ordinances and
exercise of arrest powers within the area comprising the jurisdictional
waters of the Signatory Law Enforcement Agencies.
R. DUI checkpoints, Traffic Safety Checkpoints / Operation.
S. Impaired Driving Investigations, including all aspects of DUI, BUI, and DRE.
T. Extra-Duty Details / Special Events.
3. Procedure for Requesting Operational Assistance:
A. If a Signatory Law Enforcement Agency needs assistance, the Chief
Executive, or designee, of the law enforcement agency requiring
assistance shall notify the agency from which such assistance is
requested. The Chief Executive, or designee, whose assistance is sought
shall evaluate the situation and available resources and will respond in a
manner deemed appropriate. This authority may be granted either verbally
or in writing as the situation dictates.
B. Signatory Law Enforcement Agencies agree to furnish necessary
manpower, equipment, facilities, and other resources and to render
services to the requesting party(ies) as required to assist in addressing the
situation which caused the request; provided, however, that no Signatory
Law Enforcement Agencies shall be required to unreasonably deplete its
own manpower, equipment, facilities, and other resources and services in
rendering such assistance.
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, assisting personnel will report to the ranking supervisor on
the scene.
D. Communications instructions should be included in each request for
mutual aid and each responding agency's communications centers will
endeavor to maintain radio / telephone / other as appropriate contact with
each other until the mutual aid situation has ended.
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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 the direction of the
Incident Commander.
F. Agency Heads of Signatory Law Enforcement Agencies, or their
designees, shall establish procedures for transferring control of the
mission and for transferring tactical control of any assigned task, and
supervisory control over personnel or equipment provided pursuant to this
Agreement.
4. Command and Supervisory Responsibility:
A. Command: The personnel and equipment that are assigned by the
Assisting Agency shall be under the immediate command of a supervising
officer designated by the Assisting Agency. Such supervising officer shall
be under the direct supervision and command of the Chief Executive or
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 their 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 the rule, regulation, policy, general order or
procedure of the assisting officer's agency shall control and will supersede
the direct order.
C. Handling Complaints: For any complaints that are generated because of a
cooperative effort under this Agreement, the Chief Executive, or designee,
of the agency employing the subject officer shall be responsible for the
investigation of the complaint. The Chief Executive, or designee of the
requesting agency (receiving the complaint) should, at a minimum,
determine:
1 . The identity of the complainant.
2. Contact information for the complainant.
3. The specific allegation.
4. The identity of the accused employee(s) without regard as to
agency affiliation.
If, during the investigation, it is determined that the subject officer is an employee
of the Assisting Agency, all information and pertinent documentation gathered
during the receipt and processing of the complaint, shall be forwarded, without
delay, to the subject officer's employing 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 respective policies / procedures.
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5. Powers, Privileges, Immunities, and Costs:
A. All certified law enforcement employees, as defined in Chapter 943,
Florida Statutes, of Signatory Law Enforcement Agencies, during such
time that said employees are actually providing aid outside of the
jurisdictional limits of the employing agency pursuant to the terms of 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 regularly 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 its employees providing services pursuant to this Agreement,
during the time of rendering of such services, 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 privileges and immunities from liability, exemptions from laws,
ordinances and rules, and all pension, insurance, relief, disability, works
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 jurisdictional limits of the
employing agency, shall apply to the same degree, manner, and extent
while engaged in the performance of their functions and duties
extraterritorially under the provisions of this Agreement. The provisions of
this Agreement shall apply with equal effect to paid, volunteer, reserve,
and auxiliary employees.
E. Nothing herein shall prevent the requesting agency from seeking
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.
6. Liability: Each Signatory Law Enforcement Agency engaging in any cooperation
and assistance pursuant to this Agreement, agrees to assume responsibility for
the acts, omissions or conduct of their own employees while engaged in
rendering services pursuant to this Mutual Aid Agreement, subject to the
provisions of Section 768.28, Florida Statutes, where applicable. Nothing in this
Agreement shall be deemed or treated as a waiver of any immunity to which any
party is entitled by law, including but not limited to the sovereign immunity
protections as set forth in Section 768.28, Florida Statutes.
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7. Insurance: Each Signatory Law Enforcement Agency shall provide, upon
request, satisfactory proof of liability insurance by one or more of the means
specified in Section 768.28, Florida Statutes.
8. Forfeitures: While operating under the auspices 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 agency initiating /
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, including, but not be limited to, the complete discretion to bring the
action or dismiss the action. The proceeds from seized property that is
successfully forfeited shall be distributed equitably among the participating
agencies in proportion to the amount of investigation and participation performed
by each agency, pursuant to the provisions of the Florida Contraband Forfeiture
Act, less the costs and attorney's fees associated with the forfeiture action. The
political subdivision / agency controlling the forfeiture may allow another
Signatory Law Enforcement Agency to prosecute the forfeiture, subject to the
written authorization of the Chief Executive and the legal counsel for each of the
participating Signatory Law Enforcement Agencies.
9. Conflicts: Any conflict 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.
10. Effective Date and Duration: This Agreement shall be in effect upon execution
and approval by the hereinafter named officials of the Signatory Law
Enforcement Agencies and their respective political subdivisions (where
applicable) and shall continue in full force and effect until January 1, 2035.
Under no circumstances may this Agreement be renewed, amended or extended
except in writing.
11. Supersedure: Upon execution and approval by the hereinafter named officials of
the Signatory Law Enforcement Agencies and their respective political
subdivisions (where applicable), this Agreement will supersede any and all such
agreement(s) of this nature and type, becoming the controlling document in
consideration of mutual promises to render valuable aid in daily operations and in
times of emergency, setting the terms and conditions by which the Signatory Law
Enforcement Agencies will be bound.
12. Nonexclusive Privilege: Nothing herein shall preclude any Signatory Law
Enforcement Agency from formulating additional specialty MOU / MAA with other
Signatory Law Enforcement Agencies for the benefit of their collective
operations. In instances where the terms / conditions of such specialty MOU /
MAA overlap with the terms and conditions of this Agreement, the terms and
conditions of this Agreement will take priority and bind the Signatory Law
Enforcement Agencies.
13. Cancellation: Participation in this Agreement may be terminated by any
Signatory Law Enforcement Agency and their respective political subdivision
(where applicable) upon ninety (90) days written notice to the other Signatory
Law Enforcement Agencies.
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AGREED AND ACKNOWLEDGED this 19 day of November 2024.
Bryan Pegues
City Manager
City of Aventura
19200 West Country Club Drive
Aventura, Florida 33180
Miami Dade County, FL
Michael Bentolila
Police Chief
Aventura Police Department
19200 West Country Club Drive
Aventura, Florida 33180
Miami Dade County, FL
ATTEST:
Ellisa L. Horvath, MMC
City Clerk
City of Aventura
Miami Dade County, FL
APPROVED AS TO FORM
AND LEGAL SUFFICIENCY:
Robert Meyers
City Attorney - Weiss Serota Helfman Cole + Bierman
City of Aventura
Miami Dade County, FL
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