2017-29757 Reso RESOLUTION NO. 2017-29757
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, APPROVING AND AUTHORIZING THE CITY
MANAGER AND CHIEF OF POLICE TO EXECUTE A MUTUAL AID
AGREEMENT, BETWEEN THE CITY OF MIAMI BEACH, THROUGH THE
MIAMI BEACH POLICE DEPARTMENT, AND MIAMI-DADE COUNTY,
THROUGH THE MIAMI-DADE POLICE DEPARTMENT, FOR PARTICIPATION
IN THE ROBBERY INTERVENTION DETAIL TASK FORCE, FOR THE
PURPOSE OF CONDUCTING MULTI-JURISDICTIONAL INVESTIGATIONS,
REGARDING THE INVESTIGATION, APPREHENSION AND PROSECUTION
OF PERSONS INVOLVED IN THE CRIME OF ROBBERY, AND OTHER
VIOLENT CRIMES.
WHEREAS, the Miami-Dade Police Department established a Robbery Intervention
Detail Task Force to investigate, apprehend and prosecute persons engaging in the violent
crime of robbery, and other violent crimes; and
WHEREAS, persons who commit robberies travel at will from one local jurisdiction to
another, and a group of law enforcement professionals from participating police agencies
dedicated to preventing and investigating the violent crime of robbery is an effective, proactive
crime-fighting tool; and
WHEREAS, the purpose of entering into a Mutual Aid Agreement is to allow the Miami
Beach Police Department to participate in the Robbery Intervention Detail Task Force, to
include operations and activities both inside and outside the jurisdictional boundaries of the City
of Miami Beach; and
WHEREAS, City of Miami Beach residents should benefit greatly from the Miami Beach
Police Department's participation in a joint, multi-jurisdictional investigative effort led by the
Miami-Dade Police Department, which has the capability to deploy a greater number of law
enforcement personnel and support to the City of Miami Beach; and
WHEREAS, the additional resources of this joint multi-jurisdictional initiative should
facilitate in the prevention and apprehension of robberies and other violent crimes committed in
the City of Miami Beach.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, authorizing the City Manager and
Chief of Police to execute a Mutual Aid Agreement, between the City Of Miami Beach, through
the Miami Beach Police Department, and Miami-Dade County, through the Miami-Dade Police
Department, for participation in the Robbery Intervention Detail Task Force, for the purpose of
conducting multi-jurisdictional investigations, regarding the investigation, apprehension and
prosecution of persons involved in the crime of robbery, and other violent crimes.
PASSED and ADOPTED this` _;fr:day q `1March, 2017,;; ''',;'
ATTEST BY: �'�. '�. APPROVED AS TO
. /r< FORM &LANGUAGE.
PHILIO L-E;OE !#i OR &F EX CLITION
:311111 a„S �„ a _ ��
RAFJ //
GRANCITY CLERK City Attorney Dote
ao17-a97s7
MUTUAL AID AGREEMENT
BETWEEN
MIAMI-DADE COUNTY
AND
CITY OF MIAMI BEACH
FOR THE
ROBBERY INTERVENTION DETAIL TASK FORCE
WHEREAS, it is the responsibility of the governments of Miami-Dade County and the City
of Miami Beach to ensure the public safety of their citizens by providing adequate levels of police
services; and
WHEREAS, Miami-Dade County and the City of Miami Beach have the authority under
Section 23.12, Florida Statutes, et seq., the Florida Mutual Aid Act, to enter into a Mutual Aid
Agreement; and
WHEREAS, this Mutual Aid Agreement is entered into by Miami-Dade County, by and
through its department, the Miami-Dade Police Department, and the City of Miami Beach, by and
through its department, the Miami Beach Police Department. For readability and brevity, th'c
Mutual Aid Agreement will herein be referred to as the"MAA", Miami-Dade County will be referred
to as the"COUNTY", the City of Miami Beach will be referred to as the "CITY", and when referred
to collectively the COUNTY and CITY will be referred to as the"PARTIES", and where referred to
singularly, the COUNTY or CITY may be referred to as a "PARTY"; and
WHEREAS, the purpose of this MAA is to allow the CITY to assist the COUNTY with its
Robbery Intervention Detail Task Force which was created to investigate, apprehend and
prosecute those people who are engaging in the violent crime of robbery, and other violent crimes,
outside of the jurisdictional boundaries of the CITY as both PARTIES recognize that criminals do
not operate with regard to jurisdictional boundaries; and
WHEREAS, the apprehension and prosecution of these criminals should reduce crime
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both inside and outside CITY limits regardless of where these criminals are ultimately
apprehended; and,
WHEREAS, this MAA is separate from, and more specific in purpose than, the "Law
Enforcement Mutual Aid Agreement for Voluntary Cooperation and Operational Assistance",
signed by COUNTY and CITY representatives and due to expire on January 1, 2025 (Attachment
1).
NOW, THEREFORE, BE IT KNOWN that the COUNTY and the CITY, and the
undersigned representatives, invoke mutual aid and voluntary cooperation between the Director
of the Miami-Dade Police Department and the Chief of Police of the Miami Beach Police
Department by signing this MAA, for the purposes described herein pursuant to the Florida Mutual
Aid Act, ss. 23.12 - 23.22, Florida Statutes, and in consideration for mutual promises to render
valuable aid, do hereby agree to fully and faithfully abide by and be bound by the following terms
and conditions.
SECTION I. DEFINITIONS
1. Chief Executive Official: Either the Mayor of the COUNTY, or the Mayor of the CITY, who
has the authority to contractually bind the respective law enforcement agency and has
executed this Agreement, upon the approval of the governing body of each of the
PARTIES. Subsequent to the execution by the executive officials, this Agreement shall be
filed with the Clerk of the Court for the COUNTY, and the Clerk of the CITY. This MAA
may be amended 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 MAA.
2. Agency Head: The Director of the Miami-Dade Police Department, or the Director's
designee; and the Chief of Police of the Miami Beach Police Department, or the Chief's
designee.
3. Certified law enforcement employee: Any law enforcement employee certified as provided
in Chapter 943, Florida Statutes.
Page 2 of 10
SECTION II. TERMS AND PROCEDURES
1. Operations:
a. The CITY agrees to furnish necessary manpower, equipment, facilities, and other
resources and to render services to the COUNTY as required to assist the COUNTY
to investigate, apprehend and prosecute those people who are engaging in the violent
crime of robbery, and other violent crimes, outside of the jurisdictional boundaries of
the CITY, however, the CITY shall not be required to deplete unreasonably its own
manpower, equipment, facilities, and other resources and services in rendering such
assistance.
b. The agency heads, or their designees, shall establish procedures for giving control of
the mission definition to the COUNTY, and for giving tactical control over
accomplishing any such assigned mission and supervisory control over all personnel
or equipment provided pursuant to this MAA to the COUNTY.
2. Powers, Privileges, Immunities, and Costs:
a. All employees of the City of Miami Beach Police Department, including certified law
enforcement employees as defined in Chapter 943, Florida Statutes, during such time
that said employees are actually providing aid outside of the jurisdictional limits of the
City pursuant to a request for aid made in accordance with this MAA, 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 party in which
they are normally employed.
b. The party having financial responsibility for the law enforcement agency providing
services, personnel, vehicles, equipment, or facilities pursuant to the provisions of this
MAA 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 CITY shall compensate all of its employees rendering aid pursuant to this MAA
Page 3 of 10
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 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 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 PARTY 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 MAA. The provisions
of this MAA shall apply with equal effect to paid and auxiliary employees.
3. Indemnification: Each PARTY participating in the Robbery Intervention Detail Task Force
pursuant to this MAA agrees to assume responsibility for the acts, omissions, or conduct
of such party's own employees while participating herein and pursuant to this MAA,
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.
4. Forfeitures: Investigators operating pursuant to this MAA may encounter property subject
to forfeiture pursuant to the Florida Contraband Forfeiture Act, Florida Statutes. Such
property may be seized, forfeited, and equitably distributed among the PARTIES in
proportion to the amount of investigation and participation performed by each law
enforcement agency, less the costs associated with the forfeiture action. The COUNTY
shall have the exclusive right to control and maintain the property, including, but not limited
to, the complete discretion to bring the action, or to dismiss the action, or to negotiate a
settlement. All seizures (currency, narcotics, evidence or other property) will remain in the
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control and custody of Miami-Dade Police officers and will be impounded in accordance
with COUNTY procedures. The CITY must request its share of seized property in writing
when the initial seizure documentation is provided to the Miami-Dade Police Department,
Police Legal Bureau, or the CITY will be barred from claiming any portion of the seized
property that may be ultimately forfeited.
5. Conflicts: Any conflicts between this MAA 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 III. COMMAND AND SUPERVISORY RESPONSIBILITY
1. Command: The personnel and equipment that are assigned by the CITY shall be under
the immediate command and direct supervision of a supervising officer designated by the
Director of the Miami-Dade Police Department, or his/her designee.
2. Conflicts: Whenever an officer is rendering assistance pursuant to this MAA, 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 COUNTY,then such rule, regulation, policy, general order or procedure of the CITY
shall control, and shall supersede the direct order.
3. 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 MAA, 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. The Director or Chief of Police
or designee should ascertain at a minimum:
• The identity of the complainant;
• An address where the complainant can be contacted;
Page 5 of 10
• The specific allegation; and;
• 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 CITY, the above information, with all pertinent documentation gathered during the
receipt and processing of the complaint, shall be forwarded without delay to the CITY for
administrative review. The COUNTY 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
COUNTY violated any of the COUNTY's policies or procedures.
SECTION IV. PROVISIONS FOR MUTUAL AID AND VOLUNTARY AND OPERATIONAL
ASSISTANCE
1. In compliance with and under the authority of this MAA heretofore entered into by the
COUNTY and the CITY, it is hereby declared that COUNTY is requesting assistance from
the CITY to investigate, apprehend and prosecute those people who are engaging in the
violent crime of robbery, and other crimes, outside of the jurisdictional boundaries of the
CITY.
2. A deputy sheriff or police officer of either the COUNTY or the CITY shall be considered to
be operating under the provisions of this MAA when participating in law enforcement
activities that are preplanned and approved by each respective agency head or
appropriately dispatched for the purposes of this MAA.
3. The CITY agrees to provide personnel to the COUNTY to achieve the purposes of this
MAA. CITY personnel will only be assigned to participate in operations and investigations
governed by this MAA after receiving approval from the COUNTY through the Miami-Dade
Police Department.
4. The COUNTY and the CITY will furnish their own vehicles and will be responsible for the
expenses, maintenance and any liability incurred with respect to the use of their respective
vehicles.
Page 6 of 10
5. RECORDS AND REPORTS: All investigative reports and arrest reports will be maintained
by the COUNTY.With respect to any other records that either PARTY may maintain, each
PARTY agrees to comply with public records laws. More specifically, each PARTY will:
a. Keep and maintain public records that ordinarily and necessarily would be required by
the PARTY in order to perform the services required by this MAA.
b. Provide the public with access to public records at a cost that does not exceed the
cost provided in Chapter 119, Florida Statutes, or as otherwise provided by law.
c. Ensure that public records that are exempt or confidential and exempt from public
records disclosure requirements are not disclosed except as authorized by law.
d. Meet all requirements for retaining public records and transfer, at no cost, to the other
PARTY.
6. PROSECUTION: The criteria for the decision whether to have any particular 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.
7. SCHEDULE OF WORK HOURS: Work hours may vary to meet operational needs.
8. INFORMANTS: Funds to pay any confidential informants for information relating to
criminal activity will be supplied by the confidential informants' controlling police
department. Informants will be paid in accordance with the specific department's rules and
regulations.
9. RELEASE OF INFORMATION TO THE PRESS: At no time will any employee of either
PARTY 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 the appropriate supervisor of the Miami-Dade Police Department.
Subsequent to the consultation, officers acting pursuant to the MAA will discuss any
information release with the affected investigators and/or prosecutors to assure that the
Page 7 of 10
integrity of the investigation will not be jeopardized. In most, if not all access, the release
of any information, no matter how generic, will be made jointly with the participation of
both PARTIES and pursuant to Florida Statutes Chapter 119 and any other applicable
statutes governing the disclosure of public records.
SECTION V. EFFECTIVE DATE
This Agreement shall be in effect from the date of signing, through and including, January
1, 2025. Under no circumstances may this MAA be renewed, amended, or extended
except in writing.
SECTION VII. CANCELLATION
This Agreement may be cancelled by either PARTY upon thirty (30) days written notice to
the other PARTY. Cancellation will be at the discretion of the chief executive official of
the PARTIES hereto.
Page 8 of 10
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed by their
respective and duly authorized officers on the day and year written below.
FOR MIAMI-DADE COUNTY:
/1
/ t 31
Carlos A. Gimenez D. e
Mayor
3(77
Jct. J.07 Date
ect•
iami-Dade Police Department
Attest:
2—///7
Harvey Ruvin, County Clerk Date
Miami-Dade County, Florida
Approved as to form and legal sufficiency:
111
Anita v ici.na ate
Assistant County Attorney
Miami-Dade County, Florida
Page 9 of 10
FOR THE CITY OF MIAMI BEACH:
I« 12, b
J1 my L. ^oral- Date
Ci Man-.e
a
Joel Oates Date
ief
iami Beach Police Department
ATTEST:
5/43n
weakiviz
Raaf
E. Granado atei'�i
City Clerk �' `�� r f,
M ' APPROVED AS TO
FORM& LANGUAGE
"� & FOR EXE TION
° City Attome
AmfPage 10 of 10
ATTACHMENT 1
MUTUAL AID AGREEMENT
Between Miami-Dade County and Miami Beach
Expires January 1, 2025
LAW ENFORCEMENT MUTUAL AID AGREEMENT
BETWEEN MIAMI-DADE COUNTY AND
THE CITY OF MIAMI BEACH
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 I, 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
1
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.
2
SECTION II. 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 shall
have the exclusive right to control and the responsibility to maintain the property,
5
including, but not limited to, the complete discretio.n 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, facilities, 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.
6
The Director or 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 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
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 man-made 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
8
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.
9
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 placeon 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 VIII. 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
AGREED TO AND ACKNOWLEDGED this day of 04 , 2015,,
MIAMI-DADE COUNTY
Carlos A. menez, Mayor
el
Juan J. P ez, Dire() .r
Miami-Dae Police Department
ATTEST: .
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Harvey Ruvin, County Clerk . ifs
s, s4>t ....-
Miami-Dade
.4Miami-Dade County, Florida
APPROVED AS TO FORM AND LEGAL
SUFFICIENCY:
O)A/ ---
437Que , dr. -Attecney tti..1-4-$.....— N1..: , i At{:s4.'.• c. et...,r•3.--,1 •a.$a,rre 4
Miami-Dade County, Florida
14
/' / G>
AGREED TO AND ACKNOWLEDGED this /' day of vrCf\ , 2015,
THE CITY OF MIAMI =EACH:
3bith6
Jimmy L oral City Manager Date
1
Aer' (------ ?Av//‘
72-4
Da i . sates, Chief Date
Mia 'each Police Department
ATTEST: f, , . ..„M 1 &e.,
,
k." 1 b .1 i ..... ---- .1,4 .....C2.•
Rafael Gra�:•, City Clerk ; * IPt� :• • y
0 2 .0?�}p ORATED' -I
. r .. ---� ...:(.0
,a
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
C\ --1(‘‘ `` 3-/) 2.z'IG
/ ttyAttorn•y` Dote
C
15
Resolutions -C7 B
MIAMI BEACH
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Jimmy L. Morales, City Manager
DATE: March 1, 2017
SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, APPROVING AND AUTHORIZING THE CITY
MANAGER AND CHIEF OF POLICE TO EXECUTE A MUTUAL AID AGREEMENT,
BETWEEN THE CITY OF MIAMI BEACH, THROUGH THE MIAMI BEACH POLICE
DEPARTMENT, AND MIAMI-DADE COUNTY, THROUGH THE MIAMI-DADE
POLICE DEPARTMENT, FOR PARTICIPATION IN THE ROBBERY
INTERVENTION DETAIL TASK FORCE, FOR THE PURPOSE OF CONDUCTING
MULTI-JURISDICTIONAL INVESTIGATIONS, REGARDING THE
INVESTIGATION, APPREHENSION AND PROSECUTION OF PERSONS
INVOLVED IN THE CRIME OF ROBBERY,AND OTHER VIOLENT CRIMES.
RECOMMENDATION
Adopt the Resolution.
ANALYSIS
The Miami-Dade Police Department (MDPD) established a Robbery Intervention Detail Task
Force (RIDTF) to investigate, apprehend and prosecute persons engaging in the violent crime
of robbery and other violent crimes in the Miami-Dade County area. The main issue relating to
the Task Force is that, as it covers the whole county, and criminals committing violent crimes do
not operate with regard to jurisdictional boundaries, it is often necessary for officers from the
participating agencies to work outside their normal jurisdictional areas. To overcome this issue,
the MDPD wishes to enter into a Mutual Aid Agreement (MAA) with the Miami Beach Police
Department (MBPD) which will enable officers from the MBPD to participate in the RIDTF and
assist in conducting investigations, apprehensions etc. both inside and outside the City of Miami
Beach.
The MBPD is dedicated to the prevention of crime, and the investigation, apprehension and
prosecution of criminals engaging in crime.The MAA will help to reduce crime both in the City of
Miami Beach and the surrounding areas, thereby making the City safer.
CONCLUSION
The Mutual Aid Agreement will enhance the safety of the City of Miami Beach.
KEY INTENDED OUTCOMES SUPPORTED
Page 169 of 1025
Enhance Public Safety and Emergency Preparedness
Legislative Tracking
Police
ATTACHMENTS:
Description
o Reso-form approved
Page 170 of 1025