HomeMy WebLinkAboutExhibitCOMBINED VOLUNTARY COOPERATION AND
OPERATIONAL ASSISTANCE
MUTUAL AID AGREEMENT
BETWEEN
THE CITY OF MIAMI, FLORIDA AND
THE CITY OF FLORIDA CITY
This Voluntary Cooperation and Operational Assistance Mutual Aid Agreement is made
as of this day of , 2024 by and between the CITY OF MIAMI, FLORIDA,
a Florida municipal corporation, having its principal office at 3500 Pan American Drive, Miami,
Florida 33133, and the CITY OF FLORIDA CITY, FLORIDA, a Florida municipal corporation
having its principal office at 404 West Palm Drive, Florida City, Florida 33034, and states as
follows:
WHEREAS, it is the responsibility of the governments of the City of Miami, Florida, and
the City of Florida City, 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, there is an 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 Miami Police
Department or the City of Florida City Police Department; and
WHEREAS, the City of Miami and the City of Florida City 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 man-made disasters or
emergencies as defined under Section 252.34, Florida Statutes; and
(3) Joint provision of certain law enforcement services specified herein and allowed
pursuant to Florida Statute 166.0495; and
WHEREAS, the City of Miami and the City of Florida City have the authority under The
Mutual Aid Act, Chapter 23, Part I, Florida Statutes, to enter into a combined mutual aid
agreement for law enforcement services which:
(1) Permits voluntary cooperation and assistance of a routine law enforcement nature
across jurisdictional lines; and
(2) Provides for rendering of assistance in a law enforcement emergency.
NOW, THEREFORE, BE IT KNOWN, that the City of Miami, a political subdivision of the
State of Florida, and the City of Florida City, a political subdivision of the State of Florida, 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.
SECTION I: PROVISIONS FOR VOLUNTARY COOPERATION
Each of the aforesaid law enforcement agencies hereby approve and enter into this
agreement whereby each of the agencies may provide voluntary cooperation and assistance of a
routine law enforcement nature across jurisdictional lines. The nature of the law enforcement
assistance to be rendered shall include but not be limited to:
a. Concurrent law enforcement jurisdiction in and throughout the territorial limits of
the City of Miami and the City of Florida City 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, or at any time when
the officer is within the territorial limits of his or her jurisdiction.
b. Concurrent law enforcement jurisdiction in and throughout the territorial limits of
the City of Miami and the City of Florida City for arrests, made pursuant to the laws
of arrest, of persons identified as a result of investigations of any offense
constituting a felony or any act of Domestic Violence as defined in Section 741.28,
Florida Statutes, when such offense occurred in the municipality employing the
arresting officer.
c. Concurrent law enforcement jurisdiction in and upon the jurisdictional waters of the
City of Miami and the City of Florida City for arrests, made pursuant to the laws of
arrest, for felonies and misdemeanors and boating infractions.
d. Participating in exigent situations, without the need for a formal request, including,
but not limited to, areas searches for wanted subjects, perimeters, crimes in
progress, escaped prisoners, traffic stops near municipal boundaries, 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 territorial limits of
the City of Miami and City of Florida City for investigations of homicides, sex
offenses, robberies, assaults, batteries, burglaries, larcenies, gambling, motor
vehicles thefts, drug violations pursuant to Chapter 893, Florida Statutes, and inter-
agency task forces and/or joint investigations.
Prior to any officer taking enforcement action pursuant to paragraphs (a) through (e)
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 the
assisting agency's officer may turn the situation over to them and offer any assistance requested
including, but not limited to, a follow-up written report documenting the event and the action taken.
These provisions are not intended to grant general authority to conduct investigations,
serve warrants and/or subpoenas 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.
SECTION II: PROVISIONS FOR OPERATIONAL ASSISTANCE
The aforesaid law enforcement agencies hereby approve and enter into this agreement
whereby each of the agencies may request and render law enforcement assistance to the other
to include, but not necessarily be limited to dealing with, the following:
1. Joint multi -jurisdictional criminal investigations
2. Civil affray or disobedience, disturbances, riots, large protest demonstrations and
assemblies, controversial trials, political conventions, labor disputes, and strikes.
3. Any natural, technological or manmade 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 Teaks, 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, prisoner processing facilities.
7. Hostage and barricaded subject situations, and aircraft piracy.
8. Control of major crime scenes, area searches, perimeter control, back-ups to
emergency and in -progress calls, pursuits, and missing person 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. Incidents requiring utilization of specialized units, e.g., underwater recovery,
marine patrol, aircraft, canine, motorcycle, bicycle, mounted, SWAT, bomb, crime
scene and police information.
14. Emergency situations in which one agency cannot perform its functional objective.
15. Joint training in areas of mutual need.
16. Joint multi -jurisdictional marine interdiction operations.
17. Off -duty special events.
18. DUI Checkpoints.
SECTION III: PROCEDURE FOR REQUESTING OPERATIONAL ASSISTANCE
1. Mutual aid requested or rendered will be approved by the Chief of Police, or
designee. The Chief of Police, or designee, of the agency 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.
2. The Chief of Police 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.
3. Specific reporting instructions for personnel rendering mutual aid will be included
in the request for mutual aid. In the absences of such reporting instructions, personnel will report
to the ranking on -duty supervisor on the scene.
4. Communications instructions should be included in each request for mutual aid
and each agency's communications centers will maintain radio contact with each other until the
mutual aid situation has ended.
5. Incidents requiring mass processing of arrestees, transporting prisoners, and
operating temporary detention facilities will be handled per established procedures of the
requesting agency or Chief of Police involved.
SECTION IV: COMMAND AND SUPERVISORY RESPONSIBILITY
a. COMMAND:
The personnel and equipment that are assigned by the assisting Chief of Police shall be
under the immediate command of a supervising officer designated by the assisting Chief
of Police. Such supervising officer shall be under the direct supervision and command of
the Chief of Police or his/her 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 his/her own 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 such rule,
regulation, policy, general order or procedure shall control and shall supersede the direct order.
c. HANDLING 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 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. The Chief of Police or designee of the requesting agency should ascertain at a
minimum:
1. The identity of the complainant;
2. An address where the complaining party can be contacted;
3. The specific allegation; and
4. The identity of the employees accused without regard as to agency affiliation.
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 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: LIABILITY
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 engaged in rendering such aid pursuant to this agreement, subject to the
provisions of Section 768.28, Florida Statutes, where applicable.
SECTION VI: POWERS, PRIVILEGES, IMMUNITIES AND COSTS
a. Employees of the City of Miami and the City of Florida City when actually engaging
in mutual cooperation and assistance outside of their normal jurisdictional limits but inside this
State, under the terms of this agreement, shall, pursuant to the provisions of Section 23.127(1),
Fla. Stat. (as amended), have the same powers, duties, rights, privileges and immunities as if the
employee was performing duties inside the employee's political subdivision in which normally
employed.
b. Each party agrees to furnish necessary personnel equipment, resources and
facilities and to render services to each other party to this agreement as set forth above; provided,
however, that no party shall be required to deplete unreasonably its own personnel, equipment,
resources, facilities, and services in furnishing such mutual aid.
c. The political subdivision that furnishes equipment pursuant to this agreement must
bear the cost of loss or damage to that equipment and must pay any expenses incurred in the
operation and maintenance of that equipment.
d. The political subdivision furnishing aid pursuant to this agreement shall
compensate its employees during the time of the rendering of aid and shall defray (provide for the
payment of) the actual travel and maintenance expenses of its employees while they are
rendering aid, including any amounts paid or due for compensation for personal injury or death
while its employees are rendering aid.
e. The privileges and immunities from liability, exemption from laws, ordinances and
rules, and pension, insurance, relief, disability, workers' compensation, salary, death, and other
benefits that apply to the activity of an employee of an agency when performing the employee's
duties within the territorial limits of the employee's agency apply to the employee to the same
degree, manner, and extent while engaged in the performance of the employee's duties
extraterritorially under the provisions of this mutual aid agreement. This section applies to paid,
volunteer, reserve and auxiliary employees.
f. 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 performing
hereunder.
SECTION VII: FORFEITURES
It is recognized that during the course of the operation 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 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 pursuant to the provisions of the "Florida Contraband
Forfeiture Act."
SECTION VIII: INSURANCE
Each political subdivision shall provide, upon request, satisfactory proof of liability
insurance by one or more of the means specified in Section 768.28, Florida Statutes, in an amount
which is, in the judgment of the governing body of that political subdivision, at least adequate to
cover the risk to which that party may be exposed. Should the insurance coverage, however
provided, of any party be canceled or undergo material change, that party shall notify all parties
to this agreement of such change within ten (10) days of receipt of the notice or actual knowledge
of such change.
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 for five (5) years after it takes effect. Under no
circumstances may this agreement be renewed, amended or extended except in writing.
SECTION X: CANCELLATION
Either party may cancel its participation in this agreement upon delivery of written notice
to the other political subdivision.
IN WITNESS WHEREOF, the parties hereto cause to these presents to be signed on the
date first written above.
AGREED AND ACKNOWLEDGED this
day of , 2024.
OTIS T. WALLACE ARTHUR NORIEGA
Mayor City Manager
City of Florida City City of Miami
Date: Date:
ATTEST: ATTEST:
JENNIFER A.EVELYN
City Clerk
City of Florida City
TODD B. HANNON
City Clerk
City of Miami
APPROVED AS TO FORM AND APPROVED AS TO FORM AND
LEGAL SUFFICIENCY LEGAL SUFFICIENCY
REGINE MONESTIME GEORGE K. WYSONG III
City Attorney City Attorney
PEDRO W. TAYLOR, JR.
Chief of Police
City of Florida City
MANUEL MORALES
Chief of Police
City of Miami
APPROVED AS TO INSURANCE
REQUIREMENTS:
ANN-MARIE SHARPE
Risk Management Director
City of Miami, Florida
MUTUAL AID AGREEMENT
Between the City of Florida City Police Department
And the City of Miami Police Department
WHEREAS, it is the responsibility of the governments of the City of
Florida City, Florida, and the City of Miami, 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
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 Dade County municipalities;
and
WHEREAS, the participating Dade County municipalities have the
authority under Chapter 23, Florida Statues, Florida Mutual Aid Act, to
enter into a Mutual Aid Agreement.
NOW, THEREFORE, BE IT KNOWN, that the City of Miami, Florida,
subdivision of the State of Florida, and 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 Miami Police Department, or the participating
municipal police department.
C. Agency Head: Either the Chief of the City of Miami Police
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 employees: Any law
enforcement employee certified as provided in Chapter 943,
Florida Statues.
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 authorized agency representative
whose assistance is sought shall evaluate the situation and
his available resources, and will respond in a manner
deemed appropriate.
B. Each party to this Agreement agrees to furnish necessary
man power, 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 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.
5. Power, Privileges, Immunities, and Costs:
A. All employees of the participating municipal police
department, certified law enforcement employees as defined
in Chapter 943, Florida Statues, 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 Statues, 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 the same.
C. The political subdivision have 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
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 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. Indemnifications: 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 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 statues, 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 Statues, 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 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 Statues.
9. Effective Date and Duration: The Agreement shall be in effect
from date of signing, through and including January 1, 2030, and
under no circumstances 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 written notice of the other party. Cancellation
will be at the discretion of the chief executive officers of the parties
hereto.
AGREED AND ACKNOWLEDGED this
20
day of
Mayor, City of Florida City, FL City Manager, City of Miami, FL
OTIS T. WALLACE
ATTEST: ATTEST:
City Clerk, City of Florida City, FL City Clerk, City of Miami, FL
JENNIFER A. EVELYN
APPROVED AS TO FORM AND LEGAL SUFFICIENCY:
City Attorney, City of Florida City, FL City Attorney, City of Miami, FL
Risk Management, City of Miami, FL
JOINT DECLARATION
OF THE CHIEF OF THE CITY OF MIAMI POLICE DEPARTMENT
AND THE CHIEF OF THE CITY OF FLORIDA CITY DEPARMTENT
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
preplanned 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 Florida City, Florida and
the City of Miami, 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 crown 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 or
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 of 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 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 an officer is
injured, calls indicating a crime of 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;
17. Mutual enforcement of all existing applicable laws and
ordinances and exercise of arrest powers within the area
comprising the jurisdictional waters within respective
municipal boundaries.
DATE: DATE:
Chief of the City of Florida City Police Dept.
City of Florida City, Florida
PEDRO W. TAYLOR, JR.
Chief of the City of Miami Polide'Dept.
City of Miami, Florida
ATTEST: ATTEST:
City of Florida City, FL, CITY CLERK City of Miami, City Clerk
JENNIFER A. EVELYN