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HomeMy WebLinkAbout25624AGREEMENT INFORMATION AGREEMENT NUMBER 25624 NAME/TYPE OF AGREEMENT CITY OF CORAL GABLES POLICE DEPARTMENT DESCRIPTION MUTUAL AID AGREEMENT/MIAMI POLICE AUTO CRIMES TASKFORCE/MATTER ID: 24-293/#22 EFFECTIVE DATE ATTESTED BY TODD B. HANNON ATTESTED DATE 6/9/2025 DATE RECEIVED FROM ISSUING DEPT. 6/18/2025 NOTE Docusign Envelope ID: 5366DA33-8PAAD-480E-B584-AODBCB9B0868 LAW ENFORCEMENT MUTUAL AID AGREEMENT FOR MIAMI POLICE AUTO CRIMES TASKFORCE (MPACT) The undersigned Governmental Entities in Miami -Dade County, Florida, on behalf of their respective law enforcement agency ("Participating Agencies") together establish this mutual aid agreement ("Agreement") with the City of Miami, Florida, a municipal corporation ("City"), pursuant to Section 23.1225(1),(2), Florida Statutes, known as the "Florida Mutual Aid Act." In accordance with the authority granted therein, the jurisdictions agree to the following terms of this Agreement to combat criminal activity of incidents involving auto theft across jurisdictional boundaries ("Task Force Operations") in certain defined circumstances for the purpose of protecting the public peace and safety and. preserving the lives and property of the citizens of each Governmental Entity. This Agreement shall be separate and apart from existing combined Interlocal and Mutual Aid Agreements for Voluntary Cooperation and Operational Assistance. The undersigned Governmental Entities agree to Task Force Operations and related offense enforcement and assistance, one to the other, across their respective jurisdictional lines in the described situations and under the terms and procedures outlined below and consistent with the Miami Police Auto Task Force (MPACT) OPERATIONAL PLAN, as amended. See Exhibit A, entitled "Miami Police Auto Task Force --_(MP_ACT)_OP_ERAT_IONAL_PLAN" attached -hereto-and -incorporated-herein---by- -- - reference. SECTION I. PROVISIONS FOR VOLUNTARY COOPERATION. 1. The undersigned Governmental Entities recognize the increase in high -end vehicle thefts/auto theft crimes, including, but not limited to auto burglaries, thefts, other property related criminal activity, and that there is a need for a continuing effort to reduce the amount of criminal activity resulting from such offenses. In rendering law enforcement assistance, the Participating Agencies will assign law enforcement officers, as needed to the MPACT Task Force, in a joint effort to address the above -referenced criminal activity. As such, officers assigned to the Task Force are authorized to take any law enforcement action at any location within the City of Miami, to enforce the laws of the State of Florida, and may issue traffic citations, notices to appear, or make physical arrests as the circumstances warrant in furtherance of Task Force Operational Plan. The municipal officers shall have the authority to collect and preserve evidence, take custody of any contraband article as defined in Chapter 932.701-706, Florida Statutes, conduct investigations, and/or take action that is necessary and appropriate to protect the safety of the public as may be appropriate under the circumstances. Nothing in this Agreement is intended to broaden the pursuit policies of the agencies involved. Officers assigned to the Task Force shall follow their own agency's pursuit policies. Such Page 1 of 5 Docusign Envelope ID: 5366DA33-8AAD-480E-B584 A0D8CB9B0868 officer shall notify the jurisdiction in which the violation occurred of the incident and the action taken at the time it is taken, or as soon thereafter as practicable. 2. Municipal law enforcement officers enforcing laws pursuant to this Agreement shall be under the direction, authority, and control of the commanding officers of their employing Participating Agency. All Task Force members shall abide by their agencies' policies, including to but not limited to pursuit, use of force, and body worn cameras. If there is a conflict between a Participating Agency's policy and a specific Task Force operation, the Task Force Supervisor shall resolve the conflict through the Task Force member agency's chain of command, when practical to do so. 3. The day-to-day operation and administrative control of the Task Force will be the responsibility of the Task Force Supervisor, appointed by the City of Miami Police Department. Participating Agencies can and are encouraged to provide case information from their jurisdictions to the Task Force Supervisor. Such :cases will become Task Force operations that will be assigned a priority by the Task Force Supervisor: 4. This Agreement shall constitute an ongoing request for assistance between the City and Participating Agencies and no other formal request for assistance shall be necessary prior to taking any action contemplated herein. SECTION II. TERMS AND PROCEDURES: 1. The Chief of Police of each of the Participating Agencies, or designee, shall have the sole authority to determine whether personnel from that agency will provide enforcement assistance across jurisdictional boundaries. 2. Whenever the personnel of a Participating Agency to this agreement are taking action pursuant to the authority provided for in this Agreement, when actually engaging in mutual cooperation and assistance outside of the jurisdictional limits of the employee's jurisdictional limits, but in such areas as stated in this Agreement and/or the Operational Plan, they shall, pursuant to the provisions of Section 23.127(1), Florida Statutes, have the same powers, duties, rights, privileges and immunities as if the employee was performing duties inside the employee's political subdivision in which he/she is employed. 3. Should a subject/arrestee's vehicle need to be towed, it will be towed by the appropriate vendor providing service to the municipality in which the action was taken, and the request will be coordinated with the Participating Agency having original jurisdiction over the location. 4. All wage and disability payments, pensions, worker's compensation claims, and medical expenses shall be paid by the employing agency. Page 2 of 5 Docusign Envelope ID: 5366DA33-8AAD-480E-B584-A0D8CB9B0868 5. Each Participating Agency hereby agrees to furnish necessary personnel, equipment, resources, and facilities and to render services to each other party to the 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. 6. Each Participating Agency shall be responsible for bearing its own costs associated with the loss or damage to any equipment or property of that agency during an operational incident or situation. Notwithstanding anything contained herein to the contrary, under no circumstances shall the liability of any Participating Agency, exceed the limits of liability set forth in Section 768.28 Florida Statutes, or waive any immunities or its sovereign immunity. 7. Each Participating Agency shall bear all costs associated with any negligent act taken by an employee of their own agency. Notwithstanding anything contained herein to the contrary, under no circumstances shall the liability of any Participating Agency, exceed the limits of liability set forth in Section 768.28 Florida Statutes, or waive any immunities or its sovereign immunity to which it is entitled. 8. Each Participating Agency engaging in any mutual cooperation and assistance, pursuant to this Agreement, agrees to assume responsibility for the acts, omissions, or conduct of such Participating Agency'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. Each Participating Agency further agrees to indemnify and hold harmless the other Participating Agencies, its agents, appointees, employees, designees, and representatives from all claims, demands, judgments, suits and verdicts, cause and causes of action relating to the actions of its own officers in the performance of this Agreement, subject to the provisions of Section 768.28, Florida Statutes. SECTION 111: FORFEITURE 1 Unless otherwise agreed to by the Miami Police Department and an assisting Participating Agency, the Miami Police Department will maintain any seized property and determine whether there is a good -faith basis to initiate forfeiture proceedings related to property seized during the Task Force operations/investigations relating to this Agreement. 2. If forfeiture proceedings are initiated on the seized property and a forfeiture judgment is entered, the Miami Police Department will receive, after deduction of filing expenses, a share, and then shall allocate a proportional share of the currency forfeited or of the proceeds of the forfeiture to each Participating Agency that participated in the specific Task Force operation resulting in the seizure. Each Page 3 of 5 Docusign Envelope ID: 5366DA33-BAAD-480E-B584-A0D8CB9B0868 Participating Agency may request that the other agencies provide information regarding the seized assets which are subject to sharing under this Agreement and information regarding the forfeiture proceedings. Should there be any funds seized pursuant to federal guidelines, each Participating Agency will be responsible for submitting their own DAG forms. SECTION IV: INSURANCE 1. Each Participating Agency shall provide satisfactory proof of liability insurance by one or more of the means specified in Section 768.28(16), Florida Statutes, in an amount which is, in the judgment of the governing body of that Participating Agency, at least adequate to cover the risk to which that Participating Agency may be exposed. Should the insurance coverage, however provided, of any party be canceled or undergo material change, that Participating Agency shall notify all parties to this Agreement of such change within ten (10) days of receipt of notice or actual knowledge of such change. If a municipality/agency is self -insured, they shall provide a statement from their risk management indicating that the entity is self -insured, in accordance with Section 768.28, Florida Statutes. -SECTION V:-HANDLING-OF-C-OMPL-AINTS 1. Whenever there is a cause to believe that a complaint has arisen as a result of a cooperative operation as it may pertain to this Agreement, the complaint shall be forwarded to the Task Force Supervisor or his/her designee who shall be responsible for the documentation of said complaint to ascertain at a minimum: a. The identity of the complainant; b. The complainant's phone number, if available; c. An address where the complaining party can be contacted; d. The specific allegation of the complainant; and e. The identity of the Task Force member accused without regard as to agency affiliation. 2. If it is determined that the accused is an employee of a Participating 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 Participating Agency for review and any action that such agency deems appropriate. Page 4 of 5 Docusign Envelope ID: 5366DA33-8AAD-480E-3584-A0D8CB9B0868 SECTION VI. SEVERANCE/TERMINATION. 1. Any of the undersigned Governmental Entities shall have the unconditional right to withdraw from this Agreement upon giving a thirty (30) day written notice to the Miami Police Department and to the Chief of Police of the remaining Participating Agencies. SECTION VII. DURATION OF AGREEMENT. 1. This Agreement shall be in effect commencing on the date of execution by the municipality's executive officer authorized to bind its Governmental Entity. Thereafter, this Agreement shall continue in full force and effect for an initial period of five (5) years from the effective date and may be consecutively renewed for additional five (5) year periods upon approval by the Governmental Entity of each respective Participating Agency. This Agreement may be renewed, extended, or modified only by written agreement executed by each Governmental Entity. Any single Participating Agency's withdrawal from this Agreement shall not affect the duration or validity of this Agreement. SECTION VII1. ADDING ADDITIONAL AGENCIES. 1- Any -additional -law enforcement -agencies -that -elect to enter into this Agreement -at a later date may do so by executing the Agreement and providing copies to the other Participating Agencies to this Agreement. SECTION IX. COUNTERPARTS. 1. This Agreement may be executed in several counterparts, each of which shall be deemed an original and such counterparts shall constitute one and the same instrument. [Remainder of page intentionally left blank. Signature pages follow.] Page 5 of 5 Docusign Envelope ID: 5366DA33-8AAD-480E-B584-A0D8CB9B0868 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year as first stated above: CITY OF MIAMI By: Arthur.Noriega City Manager Date: Attest: . Hannon City Clerk Approved as to form and legal sufficiency: By: /7, 4 4 4 - - r George K. Wysong III City Attorney (JCP / 24-293 - City of Miami, Coral Gables, Miami Beach, Pinecrest, South Miami Police Departments Eu1 e Auto Crimes T rce PfT) - Law Enforgement MAA) By: Manuel A. Morales Chief of Police Approved as to insurance requirements: By: Jinn — Ann -Marie Sharpe Risk Management Director Counterparts and Electronic Signatures. This Agreement may be executed in any number of counterparts, each of which so executed shall be deemed to be an original, and such counterparts shall together constitute but one and the same Agreement. The parties shall be entitled to sign and transmit an electronic signature of this Agreement (whether by facsimile, PDF or other email transmission), which signature shall be binding on the party whose name is contained therein. Any party providing an electronic signature agrees to promptly execute and deliver to the other parties an original signed Agreement upon request. Page 6 of 9 Docusign Envelope ID: 5366DA33-8AAD-480E-8584-A0D8CB9B0868 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 a five-year period unless terminated prior thereto by any or all of the parties herein. Any individual agency may cancel their participation in this task force and terminate this agreement as to their agency upon thirty (30) days written notice to the other participating agencies. By: LAW ENFORCEMENT MUTUAL AID AGREEMENT FOR MIAMI POLICE AUTO CRIMES TASKFORCE (MPACT) CORAL GABLES POLICE DEPARTMENT DocuSigned by: 6f -*fY 95FPFn4Af1RC3490 Edward J. Hudak, Jr. Chief of Police DocuSigned by: By: CC109418154C4FA... Alberto N. Parjus City Manager Date: 2/5/2025 Attest: - DocuSigned by: B. 9417n9FARR4FF Billy Y. Urquia City Clerk Approved as to form and legal sufficiency: DocuSigned by: By: 9A595E06413304E8 .. Cristina M. Suarez City Attorney Page 7 of 9 Docusign Envelope ID: 5366DA33-8AAD-480E-B584-A0D8CB980868 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 a five-year period unless terminated prior thereto by any or all of the parties herein. Any individual agency may cancel their participation in this task force and terminate this agreement as to their agency upon thirty (30) days written notice to the other participating agencies. LAW ENFORCEMENT MUTUAL AID AGREEMENT FOR MIAMI POLICE AUTO CRIMES TASKFORCE (MPACT) MIAMI BEACH POLICE DEPARTMENT Chief Wayne A. Jones Date Page 8 of 9 Docusign Envelope ID: 5366DA33-8AAD-480E-B584 A0D8CB9B0868 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 a five year period unless terminated prior thereto by any or all of the parties herein. Any individual agency may cancel their participation in this task force and terminate this agreement as to their agency upon thirty (30) days written notice to the other participating agencies. LAW ENFORCEMENT MUTUAL AID AGREEMENT FOR MIAMI POLICE AUTO CRIMES TASKFORCE (MPACT) PINECREST POLICE DEPARTMENT Chief Jason Cohen Date Page 9 of 9 Docusign Envelope ID: 5366DA33-8AAD-450E-B584-A0D8CB9B0868 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 a five year period unless terminated prior thereto by any or all of the parties herein. Any individual agency may cancel their participation in this task force and terminate this agreement as to their agency upon thirty (30) days written notice to the other participating agencies. LAW ENFORCEMENT MUTUAL AID AGREEMENT FOR MIAMI POLICE AUTO CRIMES TASKFORCE (MPACT) SOUTH MIAMI POLICE DEPARTMENT Chief Reo Hatfield III Date Page 10 of 9 Docusign Envelope ID: 5366DA33-8AAD-480E-B584-A0D8CB9B0868 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 a five year period unless terminated prior thereto by any or all of the parties herein. Any individual agency may cancel their participation in this task force and terminate this agreement as to their agency upon thirty (30) days written notice to the other participating agencies. LAW ENFORCEMENT MUTUAL AID AGREEMENT FOR MIAMI POLICE AUTO CRIMES TASKFORCE (MPACT) Florida Highway Patrol Director Dave Kerner Date Page 11 of 9 Docusign Envelope ID: 5366DA33-8AAD-480E-B584-A0D8C69130868 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 a five year period unless terminated prior thereto by any or all of the parties herein. Any individual agency may cancel their participation in this task force and terminate this agreement as to their agency upon thirty (30) days written notice to the other participating agencies. LAW ENFORCEMENT MUTUAL AID AGREEMENT FOR MIAMI POLICE AUTO CRIMES TASKFORCE (MPACT) CITY OF DORAL POLICE DEPARTMENT Chief Edwin Lopez Date Page 12 of 9 Docusign Envelope ID: 5366DA33-8AAD-480E-6584-A0D8CB9B0868 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 a five year period unless terminated prior thereto by any or all of the parties herein. Any individual agency may cancel their participation in this task force and terminate this agreement as to their agency upon thirty (30) days written notice to the other participating agencies. LAW ENFORCEMENT MUTUAL AID AGREEMENT FOR MIAMI POLICE AUTO CRIMES TASKFORCE (MPACT) MIAMI GARDENS POLICE DEPARTMENT Chief Delma K. Noel -Pratt Date Page 13 of 9 Docusign Envelope ID: 5366DA33-8AAD-480E-B584-A0D8C89f30868 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 a five-year period unless terminated prior thereto by any or all of the parties herein. Any individual agency may cancel their participation in this task force and terminate this agreement as to their agency upon thirty (30) days written notice to theother participating agencies. LAW ENFORCEMENT MUTUAL AID AGREEMENT FOR MIAMI POLICE AUTO CRIMES TASKFORCE (MPACT) MIAMI SHORES POLICE DEPARTMENT Chief David-Golt Date Page 14 of 9