Mutual Aid Agreement between Miami-Dade County and The City of Miami Beach MUTUAL AID AGREEMENT
BETWEEN
MIAMI-DADE COUNTY
AND
THE CITY OF MIAMI BEACH
FOR THE
THREAT MANAGEMENT TASK FORCE
WHEREAS, it is the responsibility of the governments of Miami-Dade County and the
participating governing bodies 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 (MDPD) and the participating
governing bodies, by and through their law enforcement agencies. For readability and brevity, this
Mutual Aid Agreement will herein be referred to as the "MAA", Miami-Dade County will be referred
to as the "County", the participating governing bodies and law enforcement agencies will be
referred to as the "Agency", and when referred to collectively will be referred to as the "Parties",
and
WHEREAS,the MDPD has created the Special Victim Bureau's Threat Management Section
for the primary purpose of conducting threat assessments, case management, and information
sharing for those individuals identified as persons of concern; and
WHEREAS, the Florida Department of Children and Families have defined persons of
concerns as explained in Section I of this Mutual Aid Agreement; and
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WHEREAS, the Parties recognize that persons of concern do not operate with regard to
jurisdictional boundaries and often the parties respond to different scenes/incidents concerning
the same individual; and
WHEREAS, identifying and interacting with these individuals or persons of concern has
the potential to reduce the number of mental health crisis calls-for-service and also prevent
and/or intervene with regard to or otherwise mitigate a targeted act of violence within Miami-
Dade County; and
WHEREAS, by law enforcement agencies working together, including sharing important
information, law enforcement resources will be used more effectively toward improving
outcomes for the individuals of concern; and
WHEREAS, the MDPD has established the Threat Management Task Force, whereby
participating governing bodies and respective law enforcement agencies desire to work in
partnership with the County and the MDPD to serve the best interests of public safety; and
NOW, THEREFORE, BE IT KNOWN that the COUNTY and the AGENCY, and the
undersigned representatives, invoke mutual aid and voluntary cooperation between the Director of
the Miami-Dade Police Department and the Agency Chief of Police 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
Pursuant to Section 394.9082(3)(c) Florida Statutes, the Department of Children and Families
(the Department) has defined priority populations, persons of concern, as follows:
1. Adults with a serious mental illness, substance use disorder, or co-occurring disorders
who demonstrate high utilization of acute care services, including crisis stabilization,
inpatient, and inpatient detoxification services. For purposes of the TMTF, the Department
defines high utilization as:
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a. Adults with three (3) or more acute care admissions within 180 days; or
b. Adults with acute care admissions that last 16 days or longer.
2. For referrals of persons of concern from Law Enforcement Agencies, individuals must
meet the following criteria:
a. Individuals must be receiving South Florida Behavioral Health Network (SFBHN)
substance abuse and mental health services or be willing to accept Care Coordination
services from an SFBHN Network Provider.
b. Individuals must have a confirmed serious and persistent mental illness and/or co-
occurring diagnosis. Note that diagnosis of post-traumatic stress disorder (known as
PTSD) alone is not eligible.
c. Individual currently is in or has the potential to experience a state of crisis, substance
abuse or dependence, and history of suicidal/homicidal ideation.
3. Individuals must also meet at least one of the following:
a. Have a history of violence/aggression towards others, themselves or animals and/or
bullying.
b. Have negative family dynamics, lack of support system, isolation, instability and/or
recent traumatic event.
SECTION II. TERMS AND PROCEDURES
1. Operations:
a. The AGENCY 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 criminal
activity, and other crimes, outside of the jurisdictional boundaries of the AGENCY,
however, the AGENCY shall not be required to deplete unreasonably its own
manpower, equipment, facilities, and other resources and services in rendering such
assistance.
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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 AGENCY, 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 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 for the party by 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 AGENCY shall compensate all of its employees rendering aid pursuant to this
MAA 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
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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 Threat Management 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. 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 AGENCY 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
AGENCY 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
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or designee should ascertain at a minimum:
• The identity of the complainant;
• An address where the complainant can be contacted;
• The specific allegation; and;
• The identity of the employee(s) 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 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 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 AGENCY, it is hereby declared that COUNTY is requesting assistance
from the AGENCY to participate in the Threat Management Task Force wherein some
duties may be outside of the jurisdictional boundaries of the AGENCY.
2. A deputy sheriff or police officer of either the COUNTY or the AGENCY 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 AGENCY agrees to provide personnel to the COUNTY to achieve the purposes of
this MAA. AGENCY personnel will only be assigned to participate in the TMTF governed
by this MAA after receiving approval from the COUNTY through the Miami-Dade Police
Department.
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4. The COUNTY and the AGENCY 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.
5. RECORDS AND REPORTS: All 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. 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 TMTF 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 MDPD Supervisors to assure that the integrity of the case 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 both PARTIES and pursuant to Florida
Statutes Chapter 119 and any other applicable statutes governing the disclosure of public
records.
SECTION V. TERM
This Agreement shall become effective on the date of execution by all parties, and unless
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terminated or cancelled on an earlier date, will expire on June 30, 2024, a period of five
years. This Agreement may be continued for one renewal period consisting of five years
upon written agreement of the parties.
SECTION VI. AMENDMENTS
This MAA may be amended as necessary. All such amendments shall be made in writing
and signed by the parties.
SECTION VII. CANCELLATION
This Agreement may be cancelled by either party upon providing thirty (30) days written
notice to the other party. Cancellation will be at the discretion of the parties; in the case
of the County, the Police Director and County Mayor or the Mayor's designee are
authorized to cancel this Agreement.
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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:
Carlos A. Gimenez, Mayor Date
Alfredo Ramirez III, Director Date
Miami-Dade Police Department
ATTEST:
Harvey Ruvin, County Clerk Date
Miami-Dade County, Florida
APPROVED AS TO FORM AND LEGAL
SUFFICIENCY:
Anita Viciana Date
Assistant County Attorney
Miami-Dade County, Florida
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CITY OF MIAMI :EACH
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Jim , L. M•r.;les, anager Date
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Richard M. Clements, Chief of Police Date
ATTEST:
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Rafael E. Granado, City Clerk Date
APPRO • AS TO GAL FORM
ANP ORRE v :-S:
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. Aguila, City Attorney •ate -,. eE �',e'�-,,
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