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HomeMy WebLinkAboutBack-Up DocumentsLAW ENFORCEMENT MUTUAL AID AGREEMENT BETWEEN MIAMI-DADE COUNTY AND THE CITY OF MIAMI. FOR VOLUNTARY COOPERATION AND OPERATIONAL ASSISTANCE WHEREAS, it is the responsibility of the government of Miami -Dade County, Florida, and the subscribing municipality 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, there is an existing and continuing possibility of the occurrence of natural or manmade disasters or emergencies and other major law enforcement problems, including those that cross jurisdictional lines, that will require coordinated law enforcement efforts to ensure that preparations of this County will be adequate to deal with such- activity, protect the public peace and safety, and preserve the lives and property of the people of the County; and WHEREAS, in order to ensure that law enforcement agencies are prepared to competently address any and all conditions as they arise to protect the public peace and safety of Miami -Dade County citizens, it is in the best interests of the community and law enforcement for police agencies to engage in mutual aid; and WHEREAS, the subscribing law enforcement agencies have the authority under Florida Statutes Chapter 23, Part 1, Florida Mutual Aid Act, and under Florida Statutes Section 316.640, Enforcement, to enter into a Mutual Aid Agreement, NOW, THEREFORE, BE IT KNOWN that Miami -Dade County, a political subdivision of the State of Florida, and the undersigned municipality, in consideration j 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: SECTION I. PURPOSE AND TERMS A. Short title: Mutual Aid Agreement B. Description: Since this 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, Part 1, Florida Statutes. C. Definitions: 1, Chief Executive Official: Either the Mayor of Miami -Dade County, or the - Chief Executive Official of the participating municipality, who has the authority to contractually bind the agency and has executed this Agreement, upon the approval of the governing body of each entity. 2. Agency Head: Either the Director of the Miami -Dade Police Department, or the Director's designee; and the Chief of Police of the municipal law enforcement agency, or the Chief's designee. 3. Participating law enforcement agency: The police department of any law enforcement agency in Miami -Dade County, Florida, that has approved and executed this Agreement. 4. Certified law enforcement employee: Any law enforcement employee certified as provided in Chapter 943, Florida Statutes. SECTION If. PROCEDURES A. Operations: 1. In the event that a party to this Agreement is in need of assistance as specified herein, 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 the available resources, and will respond in a manner deemed appropriate. 2. 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 necessitated the request; provided, however, that no party shall be required to deplete unreasonably its own personnel, equipment, facilities, and other resources and services in rendering such assistance. 3. 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, equipment, facilities, and other resources and services provided pursuant to this Agreement to the providing agency. B. Powers, Privileges, Immunities, and Costs: 1. All employees of the participating law enforcement agency, including certified law enforcement employees, during such time that said employees are 3 actually providing aid outside of the jurisdictional limits of their employing agency pursuant to a request for aid made in accordance with this Agreement, shall, pursuant to the provisions of this Mutual Aid Agreement, have the same powers, duties, rights, privileges, and immunities as if they were performing duties in the jurisdiction in which they are normally employed. 2. The political subdivision having financial responsibility for the participating law enforcement agency providing personnel, equipment, facilities, and other resources and services 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. 3. The political subdivision having financial responsibility for the participating law enforcement agency providing aid pursuant to this Agreement shall compensate all of its employees rendering aid pursuant to the 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. 4. 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 4 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 extra territorially under the provisions of this Mutual Aid Agreement. The provisions of this Agreement shall apply with equal effect to paid and auxiliary employees. C. Indemnification: Each party engaging in any mutual cooperation and assistance pursuant to this Agreement agrees to assume responsibility for the acts, omissions, or conduct of such party's own employees while participating herein and pursuant to this Agreement, subject to the provisions of Section 768,28, Florida Statutes, where applicable. "Assume Responsibility" shall mean incurring any and all costs associated with any suit, action, or claim for damages arising from the performance of this Agreement. D. Forfeitures: It is recognized that during the course of the operation of this Agreement, property subject to forfeiture under the Florida Contraband Forfeiture Act, Section 932.701 et. seq., 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, less the costs associated with the forfeiture action. Any participating law enforcement agency must request sharing, in writing, before the entry of a Final Order of Forfeiture, or they will be barred from claiming any portion of the property forfeited. The agency pursuing the forfeiture action shal have the exclusive right to control and the responsibility to maintain the property, i including, but not limited to, the complete discretion to bring the action, or to dismiss the action, or to settle, pursuant to the provisions of the Florida Contraband Forfeiture Act. E. 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, Part I, Florida Statutes. SECTION III. COMMAND AND SUPERVISORY RESPONSIBILITY A. Command: The personnel, equipment, facillties, and other resources and services that are assigned by the assisting entity shall be under the immediate command and direct supervision of a supervising officer designated by the assisting Director or Chief of Police, or his/her designee. 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 his or her own employer. 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, policy, general order or procedure of the assisting agency shall control, and shall supersede the direct order. C. Complaints: 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 Director or Chief of Police, or his/her designee, of the agency employing the officer who is the subject of the complaint, shall be responsible for the investigation of the complaint. EM The Director or Chief of Police or designee of the requesting agency should ascertain at a minimum: 1. The identity of the compiainant; 2. An address where the complaining party can be contacted; 3. The specific allegation, and; 4. The identity of the employee accused. If it is determined during the investigation of a complaint 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 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 IV, PROVISIONS FOR VOLUNTARY AND OPERATIONAL ASSISTANCE A. A deputy sheriff or police officer of either participating law enforcement agency shall be considered to be operating under the provisions of this 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 the other law enforcement agency. B. In compliance with and under the authority of this Mutual Aid Agreement, entered into by Miami -Dade County and the participating municipality, it is hereby declared that the following list comprises the nature of assistance, and the circumstances and conditions under which mutual aid may be requested and 7 rendered regarding police operations pursuant to the Agreement. The list includes, but is not necessarily limited to, dealing with the following: 1. Voluntary: a. Joint multi -jurisdictional criminal investigations. b. Major events; e.g., sporting events, concerts, parades, fairs, festivals and conventions. c. Joint training in areas of mutual need. d. Off -duty special events. e. Joint multi -jurisdictional marine interdiction operations. f. Security and escort duties for dignitaries. 2. Operational: a. Hostage and barricaded subject situations, and aircraft piracy. b. Control of major crime scenes, area searches, perimeter control, back-ups to emergency and in -progress calls, pursuits, and missing person calls. c. Enemy attack. d. Transportation of evidence requiring security. e. - Civil affray or disobedience, disturbances, riots, large protest demonstrations, controversial trials, political conventions, labor disputes, and strikes. f. Any natural, technological, or manmade disaster. Emergency situations in which one agency cannot perform its functional objective. g. Incidents requiring utilization of specialized units; e.g., underwater recovery, aircraft, canine, motorcycle, bicycle, mounted, Special R: Response Teams, bomb, crime scene, marine patrol, and police information. h. 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. i. Terrorist activities including, but not limited to, acts of sabotage. j. Escapes from or disturbances within detention facilities. SECTION V. PROCEDURES FOR REQUESTING MUTUAL AID The following procedures will apply to situations requiring operational assistance: A. Mutual aid requested or rendered will be approved by the Director or the Chief of Police, or their designees. B. Specific reporting instructions for personnel rendering mutual aid should be included in the request for mutual aid. In the absence of such instructions, personnel will report to the ranking on -duty supervisor on the scene. C. Communications instructions will be included in each request for mutual aid. The Miami -Dade Police Department Communications Bureau will maintain radio contact with the involved agencies until the mutual aid situation has ended. D. Incidents requiring mass processing of arrestees, transporting prisoners and operating temporary detention facilities will be handled per established procedures. SECTION VI. CONCURRENT JURISDICTION It is to .the mutual benefit of the participating law enforcement agency and the Miami - Dade Police Department, through voluntary cooperation, to exercise concurrent jurisdiction over the areas described in subparagraphs A. and B. below, in that officers, while in another jurisdiction, are often present at events where immediate action is necessary, or are able to expeditiously conclude an investigation by identifying and arresting an offender. A. Concurrent law enforcement jurisdiction in and throughout the territorial limits of the participating municipalities located in Miami -Dade County and in unincorporated Miami -Dade County 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 his or her jurisdiction; for example, to or from court, provided that, in the context of this Agreement, "official business outside of his or her jurisdiction" shall not include routine patrol activities. This Agreement excludes those areas within the territorial limits of any municipality not participating in Mutual Aid with Miami -Dade County, and in any areas in.which the Miami -Dade Police Department does not have law enforcement jurisdiction. B. Concurrent law enforcement jurisdiction in and throughout the territorial limits of the participating municipalities located in Miami -Dade County and in unincorporated Miami -Dade County, for arrests made pursuant to the laws of arrest of persons identified as a result of investigations of any offense 10 constituting a felony or any act of domestic violence as defined in Section 741.28, Florida Statutes, when such offense occurred in the jurisdiction of the agency employing the arresting officer. However, absent a search warrant, concurrent jurisdiction under this subparagraph does not include authority to make nonconsensual or forcible entries into private dwellings, residences, living spaces or business spaces which are not open to the public. Authority derived pursuant to this subparagraph may be exercised only when in places open to the public or private places into which the arresting officer has entered with the consent of an occupant entitled to give consent. When operating under mutual aid, participating agency officers may execute search warrants outside the jurisdiction of their employing municipality for offenses which occurred in their jurisdiction. Participating agency officers may execute the search warrant, impound all property, make arrests, and file the Return and Inventory. This concurrent jurisdiction excludes those areas within the territorial limits of any municipality not participating in mutual aid with Miami -Dade County, and in any areas in which the Miami -Dade Police Department does not have law enforcement jurisdiction. C. Prior to any officer taking enforcement action pursuant to either paragraph A. or B. above, the officer shall notify the designated officer of 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. Furthermore, all arrests made pursuant to paragraph A. above shall be processed and coded pursuant to directions of the Clerk of the Court, in such 11 manner as to ensure that any revenues or surcharges generated as a result of said arrests shall be directed to the jurisdiction in which the arrest was made. D. General Requirements: 1. Officers shall not utilize unmarked vehicles to make traffic stops or to engage in vehicle pursuits. 2. Concurrent law enforcement jurisdiction pursuant to this Agreement does include preplanned operations, undercover investigations, stings, or sweeps. 3. Officers shall not conduct routine patrol activities outside of their jurisdiction. 4. Reports of any action taken pursuant to this Agreement shall be faxed to the agency head of the agency within whose jurisdiction the action was taken, as soon as possible after the action. 5. Any conflicts regarding jurisdiction will be resolved by allowing the agency within whose jurisdiction the action took place to take custody of any arrestees and/or crime scenes. 6. All concurrent jurisdiction stationary surveillance activities shall require notification of the agency within whose jurisdiction the surveillance takes place. The notification shall include the general location of the surveillance, and a description of the vehicles involved. Mobile surveillance shall not require notification unless concurrent jurisdiction enforcement activities take place. 12 SECTION VII. EFFECTIVE DATE AND TERM OF AGREEMENT This Mutual Aid Agreement shall become effective on the date of execution by all parties and, unless terminated or cancelled on an earlier date, will expire on January 1, 2025. This Mutual Aid Agreement may be renewed in writing by the Agency Head and their respective Chief Executive Officials, in the case of Miami -Dade County, the Police Director and County Mayor or the Mayor's designee are authorized to .extend this Agreement. This Agreement may be formally renewed for a maximum of three (3) additional successive ten (10) year terms. This Agreement may not be amended or modified except in writing signed and duly executed by the parties. Any modifications or amendments to this Agreement require County Commission approval via the County's legislative process. SECTION Vlll. CANCELLATION This Agreement may be cancelled by either party upon providing thirty (30) days written notice to the other participating law enforcement agency. Cancellation will be at the discretion of the Agency Heads and their respective Chief Executive Officials, in the case of Miami -Dade County, the Police Director and County Mayor or the Mayor's designee are authorized to cancel this Agreement. 13 t AGREED TO AND ACKNOWLEDGED this day of �" .12015, MIAMI-DARE COUNTY Carlos A. Gimenez, Mayor �to l0atterson. D�irei . ei8bn,, pirector r Miami -Dade Police Department ATTEST: J Harv'eY Ruviri, Goijnty Clerk Miarni-Dade Qounty,. Florida APPROVED AS TO FO_7N_D LEGAL ,5UFFICIENCY: R. A. CueVas,:Jr., County Attorney Miami -Dade County, Florida AGREED TO AND ACKNOWLEDGED this THE CITY OF MIAMI t Daniel J. Alfonsol (Cify Mahager Rodolfo Llanes, ghief Miami Police De artment day of 2015, Date LAW ENFORCEMENT MUTUAL AID AGREEMENT BETWEEN MIAMI-DADE COUNTY AND THE CITY OF MIAMI FOR VOLUNTARY COOPERATION AND OPERATIONAL ASSISTANCE CITY OF MIAMI, a Florida Municipal Corporation 1 � By: Date: 6 Daniel J. Al s , Ci Manager Attest: By: 'Todd . Hannon; City Clerk Date: (' 1 (' 1 Is Date: Date: