Law Enforcement Mutual Aid Agreement1
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LAW ENFORCEMENT MUTUAL AID AG;R~EEMENT
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VOLUNTARY COOPERATION AND OPERATIONAL ASSISTANCE
WHEREAS, it is the responsibility of the governments of Miami-Dade-=County,
Florida, and the subscribing law enforcement agencies to ensure the public safety of their
citizens by providing adequate levels of police .services to address any fore~seea~ble
routine or emergency situation; and !
WHEREAS, there is an existing and continuing ossibilit of the occurrence of
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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 facili-ties of
the Miami-Dade Police.Department orthe subscribing law enforcement agencies; and
WHEREAS, in order to ensure that preparation of these law enforcement
agencies will be adequate to address any arid. all of these conditions, to protect the
. public peace and safety, and to preserve the lives and ~ property of the people of the
County of Miami-Dade and the participating Miami-Dade County municipalities; and
WHEREAS, Miami-Dade County and the subscribing law enforcement agencies
have the authority under Section 23.12, Florida Statutes, et seq., the Florida Mutual Aid
Act, 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 theundersigned representatives, in
consideration ,for mutual promises to render valuable aid in times of necessity, do
hereby agree to fully ands faithfully abide by and be bound by the following terms and
conditions: _ _ ~ .
1. Short title:.Mutual Aid Agreement
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2: Description: Since this Mutual Aid Agreement provides for the requesting and
rendering of assistance for both routine and law enforcement int-ensive
situations, this .Mutual Aid Agreement combines the elements of both a
voluntary cooperation agreement and a requested operational a-ssistance
agreement, as described in Chapter 23, Florida Statutes.
3. Definitions:
a. Chief executive officcial: Either the County Mayor of Miami=bade County, or
the chief executive official of the participating political subdivision, who
has the authority to contractually bind the agency and has executed this
Agreement, upon the approval of the governing body of each governmental
.entity. SubsAquent #o the execution by the executive officials, this
Agreement shall be filed with the Clerk of the,Court for Miami-Dade County,
acid the clerks of the respective political subdivisions. The Agreement may
be amend''-ed at any time by filing subsequent Amendment(s), which .will
be subject to the same approval process, and shall thereafter become a
part of this Agreement.
b. Agency head: i=ither the Director of the Miami-Dade Police Department,
or the Director's designees; and the Chief of Police of the participating
law enforcement agencies, or the Chiefs designees.
c. Participating law enforcement agency:. The police department of any
municipality in ,Miami-Dade County, Florida, that has approved and
executed this Agreement.
d. Certified law enforcement employee: Any law enforcement erployee
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certified as provided in Chapter 943, Florida Statutes.
SECTION L TERMS AND PROCEDURES
1. Operations:
a. In the event that a party to this Agreement is in need of assistance as
specified herAin, an authorized representative of the police department
requiring assistance shall notify the agency from whom 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 appr-o~priate.
b. Eacn ,party to this Agreement agrees to furnish necessary manpower,
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 shalt be required to
deplete unr-easonably its own manpower, equipment, facilities, and other
resources andservices 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.
2. Powers, Privileges, ~mrnunities, and Costs:
a. All employees of the participating. municipal police department, including
certified law enforcement employees as defined in Chapter 94.3, Florida
Statutes, during such time that said employees are actually providing. aid
outside of the jurisdictional limits of the employing municipality pursuant to a
request for aide made in accordance with 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 normally employed.
b. The political subdivision having financial responsibility for. the .law
enforcern~ent agency providing °servities, 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 heaving financial responsibility for the .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 suLh aid and shall defray the actual travel
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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 shalt also include alf
benefits normally due such employees.
d. All exemption from ordinances. and rules, and al pension, insurance, relief,
disability, workers' compensation, salary, death, and other benefits which apply
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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' 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.
3. 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 engaged in rendering such and
pursuant to this agreement, subject to the provisions of Section 768.28, Florida
Statutes, where applicable.
4. Forfeitures: 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, less the costs associated with the .forfeiture.. action. 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. The agency pursuing the forfeiture action shall have the exclusive
right to control and the responsibility to maintain the property, including, but. not
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limited to, the complete discretion to bring the action, or to dismiss the a~~tion,
or settlement. This shall occur pursuant to the provisions of the Florida
Contraband Forfeiture Act.
5. 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, Florida Statutes.
SECTION Il. COMMAN;D AND SUPERVISORY RESPONSfBLLITY
1. Command: "T he personnel and equipment that are assigned by the assisting,.ventity
shall be under the immediate ~ command and direct supervision of a -supervising ofiwcer
designated by the assisting Director or Chief of Police, or his/her designee.
~. 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. .
3. Complaints: Wf-~enever 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 orChief 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 Director or
Chief of Police or designee of the requesting agency should ascertain at a minimum:
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a. The identity of the complainant;
b. an address where the complaining party can be contacted;
c. the specific allegation; and;
d. the identity of the employees accused without regard as to agency affiliation.
If it is determined during the investigation of acomplaint that the a-~cused 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 lil. PROVISIONS FOR VOLUNTARY AND OPERATIONAL ASSISTANCE
A deputy sheriff or po ice 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
heretofore entered into by the participating municipalities and Miami-Dade County,
~i=lorida, if 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
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rendered regarding police operations pursuant to the agreement. The list includes, but
is not necessarily limited to, dealing with the following:
.Voluntary:
1. Joint multi-jurisdictional criminal investigations.
2. -Major events; e.g., sporting events, concerts', parades, fairs, festivals
and conventions.
3. Joint training in areas of mutual need.
4. Off-duty special events.
~. Joint multi-jurisdictional marine irate,diction operations.
6. Security and escort duties for dignitaries.
Op-erational: ,
7. Hostage and f~arricad~pd 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.
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11. Civil affray or disobedience, disturbances,. riots, large protest
demonstrations, controversial trials, political conventions, labor
disputes, and strikes.
12. Any natural, technological or manmade disaster.
13. Emergency situations in which one agency cannot perform its
functional objective.
14. Incidents requiring utilization of s~ecializ-ed units;. e.g., underwater
recovery, aircraft, canine, motorcycle, bicycle, mounted, Special
- Response Teams,bomb, crime serene, .marine patrol, and police
information.
1~~. 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 derailrnAnts, chemical or hazardous waste
spills, and electrical power failures.
16. Terrorist activities including, but not limited to, acts of sabotage.
17. Escapes from or disturbances within detention facilities.
SECTION IV. PROCEDURES FOR REQUESTING MUTUAL ALD
The following procedures will apply in mutual aid operations:
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1: Mutual aid requested or rendered will be approved by the DirectorlChief
of Police or designee.
2. Specific reporting instructions for personnel rAndering mutual aid should
be included in the request for mutual aid. In fhe absence of such
instructions, personnel will report to the ranking on-duty supervisor on
the scene.
3. Communications instructions will be included in Pach request for mutual
aid and the Miami-Dade Police Department Communications Bureau will
maintain radio contact with the involved agencies until the mutual aid
situation has ended.
4. Incidents requiring ,mass processing of arrestees, transporting: prisoners
and operating. temporary detention facilities will be handled per
--established procedures.
SECTION V. CONCURRENT JURISDLCTION
It is to the mutual benefit of the participating municipal agencies 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.
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a. Concurrent law enforcement jurisdiction in and throughout the territorial
.limits of the participating municipalities and Miami-Dade County, Florida, 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, and provided
that, in the context of this Mutual Aid Agreement, "official business outside
of his or her jurisdiction" shall not include routine patrol activities. This
mutual aid agreement excludes those areas within the territorial limits of the
municipalities not participating in the Mutual Aid Agreement, and 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 participating municipalities and Miami-Dade County, Florida, 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, amt of
Domestic Violence as defined in Section 741_.28, Florida Statutes, when
such offense occurred in the municipality employing the arresting officer,
should the arresting officer be a municipal law enforcement 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, i.e., 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, municipal law enforcement officers may
execute search warrants for offenses which occurred in the municipality.
Municipal officers may Execute the sAarch warrant, impound all property,
make arrests, and file the Return and Inventory. This corrurrent
jurisdiction ..excludes tT~ose areas within', the territorial. limits of the
municipalities not participating in the Mutual Aid Agreement, and areas in
which the Miami-Dade Police Department does not have law errfarcement
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jurisdiction.
Prior to any officAr taking enforcement a~^tion pursuant to either paragraph a. or
b. above, the officer shall notify the designated officer of the .jurisdiction in whFCh the
action shall will be taken, unless exigent circumstan~.es prevent such prior notification,
in which case notification shall be made as soon after the action as practicable.
Furthermore, all arrests made pursuant to- subparagraph (a) above shall be processed
and coded pursuant to directions of the Clerk of the Court, in such manner as toensure
that any revenues or surcharges generated as a result of said arrests shall be directed
to the jurisdiction in which the arrest was made.
1. Genera! Requirements: ';
a. Officers shall not .utilize unmarked vehicles to make traffic stops or to engage
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. in vehicle pursuits; ;
b. ~Concurren#_ law enforcementjurisdiction pursuant to this Mutual Aid
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Agreement does include preplanned operations; undercover investigations,
stings, or sweeps. ~.
c. Officers sha(I not conduc
t routine patrol activities outside of their jurisdiction.
- d:. Reports of any, .action. taken pursuant to this Mutual Aid Agreement shall be _
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faxed to the agency head of thA agency, within whose jurisdiction the action.
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was oaken, as soon as possible after the action has taken place.
e. Any conflicts regarding jurisdiction will be resolved by allowing the agency
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within whose Junsdi,.tion~ the action ..took p~~ace.~ to ta~~e custody of any
arreste.es andlor crime scenes.
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f. All concurrent jurisdiction- stationary surveillance activities° shall -
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require notification of the agency within whose jurisdiction the
surveillance takes place. The notification shall include the
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general. loca#ion of the surveillance, :and, a descriptiori of the
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vehicles involved. Mobile surveillance shall not require
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notification- unless concurrent jurisdiction enforcement activities
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-SECS"ION VI. EFFECTIVE DATE
This Agreement shall be in effect from date of signings. through and including,
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January- 1, 2015'. Under no circumstances may -this Agreement be renewed,.
amended, or.extended except in writing..
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SECTION VII. CANCELLATION
This Agreement may be cancelled by either party upon sixty. (60) days written..
notice to the other party. Cancellation will be atthe c iscretion of the chief executive
officers of the parties hereto.
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AGREED-TO AND ACKN~Ot~LEDG~D this ~ ~ day
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eorge M. Burgess, County Manager
Miami-Dade County, ,Florida
ATTEST:.
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APPROVED AS TO FORM AND LEGAL
SUFFICIENCY:
R. A. Cuevas, Jr., County Attorney
Miami-Dade County, Florida
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Robert Parker, Director
Miami-D1 de Police Department
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LAW ENFORCEMENT MUTUAL AID AGREEMENT FOR
VOLUNTARY COOPERATION AND OPERATIONAL ASSISTANCE
- - " iNDfVIDUAL-GOV-ERNMENTAL ENT-tTY SIGNATURE S"HEFT
CITY OF: ~ ~ M f f3c~C r~ ,Florida.
Bl':
(Si ture hief E~ ffic' I) (Sig atu a of hie f Poli~e)_.
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(Officia s Printed Name and Title) (Printed Name of Chief}
ATTEST: APPROVED AS TO FORM. D LEGAL
SUFFICIENCY:
W~--
Si nature of Cit Clerk
9 Y ) (Signature c
(Printed Name of City Clerk) (Pri ed Nan
STATE OF FLORIDA ) .
_ ) SS.:
COUN'CY OF MIAMI-DADS) .
. BEFORE ME, an officer duly authorized by law to administer.
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Attomey}
of City Attomey)
and take
acknowledgements, did personally appear: __ ~ l4 • I _
(insert am nd Title of Chief executive Official)
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of the City of Florida, a municipal corporation of Florida, and
acknowledged he or ~e-executed the foregoing Agreement as the chief executive officer of the
City of ' r~ ~ ' ~ ,Florida, and the same is the act and deed of the City~of
Florida.
IN WITN S OF THE FOREGOING, t have set my hand and official seal at the City of
' in the State of Florida and the Coun of M'
day of ~ , r ~ ty iarni-Dade on this, the
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`~= MY COMMiSS60N # DD 530416 ~ ~~ r '~~
~~~':~"`',~h~ .~_;°,= isXPlRES: Apri! 29 2010 ~ ~ ~ .
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