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MOU MDPD & MBPD~~©~ ~~/ c ~ i-~ MEMORANDUM OF UNDERSTANDING BETWEEN THE MIAMI-DADS POLICE DEPARTMENT (MDPD) AND CITY OF MIAMI BEACH POLICE DEPARTMENT (MBPD) r/ ~/,s;~a~ The purpose of this Memorandum of Understanding (MOU) is to outline the joint mission of the above captioned participating agencies to concentrate investigative and apprehension efforts, for individuals who are engaged in crimes against persons and the State of Florida, specifically related but not limited to, the crime of robbery, utilizing the Robbery Intervention Detail (RID) Unit. This MOU will formalize the policy guidance and planning of the participating agencies. This MOU serves to invoke the Joint Declaration between the Director of the MDPD and the Chief of Police of the participating agency, pursuant to the Mutual Aid Agreement, dated March 3, 2005, agreed to and acknowledged by the Departments, for the purpose of conducting joint multi jurisdictional investigations, as described below. DURATION This MOU becomes effective on the date it is signed by atl parties. It will continue in full force for three (3) years, provided, however, that either participating agency may terminate this MOU, with or without cause, by 30 day written notification to the other agency. MODIFICATION The participating agencies may propose modifications to this MOU at any time that the MOU is in full force. All proposed modifications will be in writing and only those modifications agreed upon by the concerned parties will become effective. MISSION The primary mission of the participating agencies is to combine investigative resources and manpower to identify and eradicate those persons who have violated State felony laws relating but not limited to robbery. The participating agencies will investigate and identify those violations and individuals or groups of individuals involved in violent crimes such as but not limited to robberies in Miami-Dade County. The intent of the joint initiative is to identify all involved parties and gather sufficient evidence for effective arrest and prosecution. MUTUAL AID JURISDICTION Jurisdiction, powers, duties, rights, privileges, immunities, and financial responsibilities for the Miami-Dade Police Department and the participating municipal police departments shall be allocated pursuant to the Mutual Aid Agreement, dated March 3, 2005, currently in effect between the agencies, which are hereby incorporated by reference. These powers and responsibilities outside their municipal jurisdiction shall only be extended to the agencies officers when engaged in operations and investigations of the type described in this MOU. FORFEITURE It is recognized that during the course of the operation of this Agreement, property subject to forfeiture under the Florida Contraband Forfeiture Act, 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. This shall occur pursuant to the provisions of the Florida Contraband Forfeiture Act. Any participating agencies 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. All seizures (currency, narcotics, or other property) made in Miami-Dade County will remain in the control and custody of Miami-Dade Police Officers and will be impounded in accordance with MDPD procedures. Legal action regarding forfeiture proceedings will be the responsibility of the Miami-Dade Police Department Legal Bureau. SUPERVISION All municipal officers participating in operations and investigations of the type described in this MOU will be under the immediate supervision of MDPD supervisors responsible for the operations during the course and for the purposes of this Agreement. Responsibility for any and all conduct of the participating members will remain with the respective agency heads and any conduct outside the scope of authority will be the responsibility of the participating agencies. Operational questions and necessities will be addressed by the supervisors of MDPD. In the event that an immediate operational decision must be made, the final resolution will be that of the highest ranking MDPD supervisor on the scene. OPERATIONAL PERSONNEL Each participating agency agrees to provide personnel, that is approved by MDPD, and such personnel will only be assigned to participate in operations and investigations of the type described in this MOU after such approval. EQUIPMENT 1. Vehicles: Each agency will furnish required vehicles and will be responsible for the expenses incurred in the use of its respective vehicles. 2. Communications: All agencies, when possible, will provide mobile radio equipment capable of transmitting and receiving messages on their local and/or state police radio network. RECORDS AND REPORTS All investigative reports and arrest reports will be maintained by the MDPD. 2 PROSECUTION The criteria for the decision whether to have a case prosecuted in the State or Federal system will be based on which level of prosecution and venue would provide the greatest benefit to the overall objectives of the investigation. In all cases timely notification will be made to the appropriate prosecuting authority. SCHEDULE OF WORK HOURS AND COMPENSATION Working hours may vary to meet the needs of the operations and investigations. Each agency will be responsible for its own officer's regular pay, overtime pay, and/or any other compensation. Furthermore, each agency will be responsible for any and all workers compensation claims that result from injuries to their officers during the course of the officer's participation in operations and investigation of the type described in this MOU. INFORMANTS It is agreed that funds to pay any confidential informants for information relating to criminal activity will be supplied by the confidential informants' controlling agency. Informants will be paid in accordance with the specific department's rules and regulations. USE OF FORCE POLICY It is agreed that all personnel shall comply with their agency's guidelines related to Use of Force. In the event of an incident requiring an investigation or documentation related to the use of force, the agency whose personnel are involved will conduct their investigation in compliance with that agency's policy. INTERNAL AFFAIRS INVESTIGATIONS It is agreed that all personnel shall comply with their agency's guidelines related to Internal Affairs investigations. In the event of an incident requiring an Internal Affairs Investigation, the agency whose personnel are involved will conduct their investigation in compliance with that agency's policy. USE OF FIREARMS It is agreed that all personnel shall comply with their agency's guidelines related to the use of firearms and deadly force. In the event of a shooting incident, it will be investigated by the appropriate agency whose personnel are involved and/or both agencies, as the location of shooting and case dictate. VEHICLE CRASHES It is agreed that all personnel shall comply with their agency's guidelines related to vehicle crashes. In the event of a vehicle crash, it will be investigated by the appropriate agency whose personnel are involved or both agencies, as the location of the crash dictate. RELEASE OF INFORMATION TO THE PRESS At no time will participating agencies release to or discuss with any member of the press any aspect of operations or any aspect of the direction, focus or general purpose of the investigation without first consulting with MDPD. Subsequent to the consultation, participating agencies will discuss any information release with the affected investigators and/or prosecutors to assure that the integrity of the investigation will not be jeopardized. In most, if not all cases, the release of any information, no matter how generic, will be made jointly with the participation of all of the involved agencies, pursuant to Florida Statutes Chapter 119 and The Public Records Act. NO PRIVATE RIGHT CREATED This is an internal governmental Memorandum of Understanding between the Miami-Dade Police Department and the participating agencies and is not intended to confer any right or benefit to any private person or party. LIABILITY All tort liability regarding Miami-Dade County and its employees and agents shall be determined in accordance with the provisions of Florida Statutes Chapter, 768.28. The participating parties acknowledge that for liability and indemnification purposes, each party operates independently pursuant to the provisions of the Mutual Aid Agreement. For the purposes of this MOU, Miami- Dade County will be considered the requesting political subdivision described in the Indemnification paragraph of the Mutual Aid Agreement (paragraph 6). None of the participating agency's representatives, employees, or agents shall be considered representatives, employees, or agents of MDPD, nor will MDPD or any of its representatives, employees or agents be considered representatives, employees or agents of the participating agencies. Each party shall be liable for its own debts, obligations, acts, and omissions not inconsistent with the Mutual Aid Agreement. AGENCY REPRESENTATIVES Participating agencies will receive a copy of this MOU addressed to the agency heads, outlining the provisions of this Agreement. The MOU shall become effective as to the City of Miami Beach and MBPD on the date the MOU is signed by the undersigned representative of the County and the MBPD Chief of Police. This MOU will be kept on file by MDPD and the participating agency. REPRESENTATIVE Robert Parker, Director Miami-Dade Police Department Carlos Noriega, Chief Miami Beach Police D ment DATE "1~3oS '7'~-/- U Q APPROVED AS TO FORM & LANGUAGE & FOR CUTION 4 ~ `~ ~ ~ ~ ~ me a e