97-22390 RESO Incomplete
RESOLUTION NO. 97-22390
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, AUTHORIZING THE MAYOR AND CHIEF OF
POLICE TO EXECUTE A VOLUNTARY COOPERATION MUTUAL AID
AGREEMENT WITH THE FWRIDA DEPARTMENT OF LAW ENFORCEMENT
FOR THE PURPOSE OF THE CITY OF MIAMI BEACH POLICE DEPARTMENT
PARTICIPATING IN A MULTI-AGENCY LAW ENFORCEMENT TASK FORCE.
WHEREAS, the Florida Department of Law Enforcement (FDLE) desires to create a
Multi-Agency Task Force, composed of over seventeen (17) Federal, State, and local law
enforcement agencies; and
WHEREAS, the Task Force is being created to 1) identifY active arrest warrants for career
criminals who use weapons in the commission of their crimes, and 2) led by the Federal Bureau of
Investigation (FBI), utilize the manpower and resources of the law enforcement agencies involved
to locate and arrest these persons; and
WHEREAS, the Miami Beach Police Department desires to participate in this program; and
WHEREAS, the City and the FDLE have the authority, pursuant to the authority granted in
Chapter 23, Florida Statutes, "Florida Mutual Aid Act", to enter into the attached Agreement.
NOW THEREFORE BE IT DULY RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and Chief of
Police are hereby authorized to execute the attached Voluntary Cooperation Mutual Aid Agreement
with the Florida Department of Law Enforcement, for the purpose of participating in the
Multi.Agency Task Force.
PASSED and ADOPTED this 21stdayof May
ATTEST:J
~&~ ~
ITY CLERK
F:\POLlITECHSERVlPOLlCIESICOM_RESO\MUL TIAGE.RES
1A'- !1M-
City
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C I T Y 0 F M I A M I B E A.C H.
CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH. FLORIDA 33139
http:\\ci,miami~beach.fl.us
COMMISSION MEMORANDUM NO. ~ "2. ~ - C\ L
TO:
Mayor Seymour Gelber and
Members of the City Commission
DATE: May 21, 1997
FROM:
Jose Garcia.Pedrosa
City Manager
SUBJECT: A RESOLUTION OF MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, ORIDA, AUTHORIZING THE MAYOR AND CHIEF
OF POLICE TO EXECUTE A VOLUNTARY COOPERATION MUTUAL AID
AGREEMENT WITH THE FLORIDA DEPARTMENT OF LAW
ENFORCEMENT FOR THE PURPOSE OF THE CITY OF MIAMI BEACH
POLICE DEPARTMENT PARTICIPATING IN A MULTI-AGENCY LAW
ENFORCEMENT TASK FORCE.
ADMINISTRATION RECOMMENDATION
Approve the Resolution.
BACKGROUND
The Florida Department of Law Enforcement (FDLE) is creating a Multi-Agency Task Force
composed of seventeen (17) Federal, State and local law enforcement agencies. The
Multi-Agency Task Force is being created to identify active arrest warrants for career
criminals who use weapons in the commission of their crimes and, led by the Federal
Bureau of Investigation (FBI), utilize the manpower resources of the participating law
enforcement agencies to locate and arrest these persons.
FDLE has dubbed this effort "Operation Full Court Press." It is targeting over 1,400 active
arrest warrants issued for over 800 persons. The Miami Beach Police Department desires
to participate in this effort to locate and arrest these career criminals.
CONCLUSION
APprrlvin the Resolution will enable the Miami Beach Police Department to participate in
this m needed joint effort.
JGP B/MWD/SDRI~
.....
F:IPOLlITECHSERVlPOLlCIESICOM_MEMOIMUL TIAGE.MEM
AGENDA ITEM Co 1 c....
DATE 5-2\-91-
VOLUNTARY COOPERATION MVrUAL Am AGREEMENT
" , ..
. W1n1ESSSTH
WHEREAS, THE SUBSCRIBING LAW ENFORCSMBNT AGENCIES ARE SO LOCATED IN REtA TION TO
EACH 01'HER THAT l1'IS TO THE ADVANTAGE OF EACH TO RECEIVE AND EXTEND MUroAL AID
IN nlE FORM OF LAW ENFORCEMENT SBRVICSS A 'NO RESOURCES TO ADEQUA TEL Y RBSPOND TO
CONTINUING, MULTI-JURISDICTIONAL CRIMINAL ACTIVITY, SO AS TO PROTECT THE PUBLIC
PEACE AND SAFETY, AND PRESERV!! THE LIVES AND PROPERTY OF THE CITIZENS; AND,
WHEREAS, THE Ur-IDERSIGNBD HAVS THIl AUTHORITY UNDER SECTION 23,12, FLORIDA
STATUTES, et leq., THE FLORIDA MUTUAL AID ACT, TO ENTER INTO A MUTUAL AID AOREEMBNT
FOR LA..... ENPORCllMENT SERVICE WHICH PERMITS VOLUNTARY COOPERATION AND
ASSIST ANeE OF A ROUTINE LAW m<PORCBMBNT NA roRS ACROSS JURISDICTIONAL LINES.
,
NOW, THEREFORE, TilE PARTIES AOREE AS FOLLOWS:
SECTION I: P ARTJES TO THE Ad~EEMENT
81 A TI ,COUNTY AND Ml.iNlCIP AI.. AGENCIES:
FLORIDA DEPARTMENT OF LAW BNFORCBMllNT
ornCE 01' THE S1 ATE A TTOllNEY, ELBVENTH JtJDICIAL CIRCUIT OF FLORIDA
MI!TRO-DADE POLICE DBPAR~
CORAL OABLES POLICE D!PARTM!NT
HIALEAH POLICE DEPARTMENT
MIAMI POLICE DBPARTMENT
MIAMI BEACH POLICE DEPARTMENT
OPA.LOCKA POLICE DEPARTMENT
NORTH MIAMI POLIC!! DEPAlln$NT
NORTH MIAMI BEACH POLICE DePARTMENT
IT. LAUDBRDALB POLICE DEPARTMENT
BROW AIW SHERIFFS OFFICI!
HOMESTEAD POLICE DEPARTMENT
IN ADDITION, THE PARTIES AGREE THAT THE FOLLOWlNG IIItDERAL LAW
ENFORCEMENT AGENCIES WILt PROVIDE APPROPRIATE SUPPORT AND ASSISTANCE:
UNJTSD !iTA TES DEPARTMENT OF JUSTICE, FEDERAL BURBAU OF lNVBSTIGA TION
UNITED S1 A TES DEPARTMENT OF JUSTICE, DRUO ENFORCEMENT ADMINISTRATION
UNITED STATES DEPARTMENT OF JUSTICE, FBDERAL MARSHAL'S SBRVICE
UNITED STATES DEPARTMENT OF THE TRBASURY, BUREAU OF ALCOHOL, TOBACCO, AND
FIREARMS
SECTION 11, PROVISIONS FOR YOWNTARY COOPERATION
EACH OF THE AFORESAID LAW ENFORCEMBNT AOIlNCIES HEREBY APPROVE AND ENTER INTO
THIS AGREEMENT WHEREIlY BACH OF THB AGENCIES MAY REQUEST AND RENDER LAW
ENFORCEMENT ASSISTANCE TO THB OTliER IN DEALING WITH ANY VIOLATIONS OF FLORIDA
STATUTES TO INCLUDE, BUT NOT NECESSARILY BE LIMITED TO, INTER.AOENCY TASK FORCES
AND/OR JOINT INVESTIGATIONS TO INCLUDE BUT OPERATION FULL COURT PRESS,
COOPERATION IN THE LOCATION AND APPREHENSION OF WANTED PERSONS AND THE SERVICE
OF FELONY ARREST WARRANTS UPON THEM, INVESTIOATING HOMICIDES, SEX OFFENSES,
ROBBERIIlS. OTHER VIOLENT FELONY OFFENSBS, FIREARMS VIOLATIONS, BUROLARIBS, THBFTS,
MOTOR VEHICLE THEFTS, CONTROLLBD SUBSTANCES VIOLA nONS OR OTHBR FELONY CRIMES,
SECTION III, JURISDICTION AN~ J'ROCEDURE 1I0R REQUESTING ASSISTANCE
IN "HI: EVeNT "HAT A PARTY TO THIS AGREEMENT IS IN NEED OF ASSISTANCE AS SET FORTH
ABOVE, AN AUTHORIZED REPREsENTATIVE OF THE AGENCY REQUESTING ASSISTANCE SHAI.I.
NOTIFY TIlE AOENCY HEAD Oil HISMER DBSIGNBB FROM WHOM SUCH ASSISTANCB IS
IlBQunSTllo. THE AGENCY HEAD OR AUTHO!UZED AGENCY REPRESBNTATIVE WHOSE
ASSISTANCE IS SOUOHT SHALL EVALUATE THE SITUATION AND THE AOENCY'S AVAILABLE
40
FROI1 FOLE t1IAI1I
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P. 4
RESOURCES, CONSULT WITH HISIHER SUPERVISoRS'IF NECESSARY AND WILL RESPOND IN A
MANNER HElSHE DBEM9 APPROPluA TB: . .
THB AOENCY HEAD IN WHOSE-JURISDICTION ASSISTANCB IS BEINO /lBNDllllBD MAY DBTBRMINE
WHO IS AUTHORIZBD TO LEND ASSISTANCE IN HISIHER JURISDICTION, FOR HOW LONO SUCH
ASSISTANCE ]S AUTHORlZED AND FOR WHAT PURPOSE SUCH AU1HORITY IS ORANTBD. THIS
AUTHORITY MAY BE ORANTED ElTIiER VERBALLY OR IN WRITINO AS THE PARTICULAR
SITUAT]ON DICTATES.
THE PRINClJ'AL SITI:lS OF ACTIVITY UNDER THIS AOREEMENT ARE DADE COUNTY AND BROWARD
COUNTY, FI.ORlDA, BUT ACTIVItIES MAY OCCUR ELSEWHERE WITHIN THE STATE OF FLORIDA
CONSISTENT WITH THE PURPOSE AND TERMS OF TH]S AOREEMBNT. AS PROVIDED BY SECTION
23.127(1). FWRlDA STATUTES, A MEMBER ENOAOBD IN AN OPERATION OUTSIDE THE MEMBER'S
JURISDICTION BUT INSIDE TH!! ST A IE OF FLORIDA THAT IS CONSISTENT WITH THE PURPOSE AND
TERMS OF THIS AOREEMENT SHALL HAVE THB SAME POWERS, DUTIBS, RlOHTS, PRIVILEOES, AND
IMMUNITIES UNDER THE LA WS OF THE ST A TI:: OF PLORIDA AS IF THE MEMBER WAS PBRI'ORMING
DUTIES IN SID!; THE MEMBER'S JURISDICTION. MEMBERS OPERATINO OUTSIDE THEIR
JURISDICTION SHALL NOT ENJOY EXTRA.JURISDICTIONAL AUTHORITY AS LAW ENFORCEMENT
OFFICERS UNDER THIS AGREBMENT UNLESS ENGAGED IN APPROVSD JOINT ACTIVITIES AND
UNDBR THE OVERALL SUPERVISION AND AUTHORITY OF THE FLORIDA DEPARTMENT OF LAW
ENFORCEMENT AS PROVIDED BY THIS AGREEMBNT.
WHBNEVRR JOINT ACTIVITIES OllTSlDE OF DADE OR BROWARD COUNTY HAVE lUlSULTED IN AN
ARREST OR SEIZURE OF PROPERTY, THE SHBRIFF OF THB COUNTY OR THE CHIEF OF POLICE OF
THE MUNICIPALITY IN WHICH SUCH ACTIVITIES HAVE OCCURRED SHALL BE NOTIFIED OF THE
PARTICIPANT'S ACTIONS WITHIN THE SHERIFF'S OR CHIEF'S JURISDICTION.
ACTIVI1"JES SHALL nE CONSIDERED AUTHORIZED ONLY WHEN APPROVBD AND AC'YUALLY
PJRECnm AS PROVIDED HEREIN BY A SUPERVISOR OR COMMAND DESIGNEE. NO EXTENSION OF
JURISDICTION OR AUTHORITY IS GRANTED BY THIS AGRESMENT FOR LAW ENPORCilMENT
ACTIVITIES UNLESS THEY ARE APPROVED AND SUPERVISED AS PROVIDED HEREIN AND ARE
RELATED TO JOINT OPERATIONS OR HAVE BEBN ENCOUNTERED DIRECTLY INCIDENT TO AN
APPROVUD AND SUPERVISED JOINT OPERATION.
THE PARTIES TO THIS AGREEMENT MA Y, BY A WRlTTEN MEMORANDUM OF UNDERSTANDING OR
WRITTEN ATTACHMENT TO THIS AGREEMENT, IDENTIFY OR FURTHER DEFINB PARTICULAR
GUIDELINES, POLICIES, OR PROCEDURES TO BE UTILIZED BY PARTICIPANTS WHEN ENGAOBD IN
JOIN1' OPERATIONS. HOWEVBR, A MEMBBR'S nJRISDlCTION AS PROVIDED UNDER THIS
AGREEMENT MAY NOT BE Ai TERBD BY ANY SUCH WRITTEN ATTACHMENT. IN THE ABSENCE OF
A WRITTEN MEMORANDA OF UNDERSTANDINO OR AITACHMBNTS, THE POLICIl~S AND
PROCEDURES TO BE UTILIZED BY PARTICIPATING MEMBERS SHALL BE CLEARLY IDENTIFIED BY
THE SUPURVISOR, OR IF A SUPEIl.VISOR IS UNAVAILABLE, BY A TEAM LEADBR AS DESIGNATED
BY THE SUPERVISOR. WRITTEN OUIDELINES, POLICIES, OR PROCBDURES ADOPTED AS PROVIDED
HEREIN MAY NOT BE WAIVED OR ABANDONED BY SUPERVISORS OR PARTICIPANTS.
NOTHING HERBIN SHALL OTHeRWISE LIMIT THB JURISDICTION AND POWERS NORMALLY
POSSESSED BY AND EMPLOYEE AS A MEMBER OF THE EMPLOYBE'S AOENCY. NOTHING HEREIN
SHALL OTHERWISE LIMIT THB ABILITY OF PARTICIPA TING MBMBERS TO PROVIDIl, AS PROVIDED
BY OR ALLOWBD BY LAW, SUCH ASSISTANCE IN ANY ENFORCEMENT ACTION UNREJ..ATSD TO
JOINT OPERATIONS AS MAYBE LA WFULL Y REQUBSTED BY A LAW ENFORCBMENT OFFICER
H... VING JURISD]CTION OVER ANY SUCH INCIDENT, CRIME OR MA ITER UNDER CONSIDERATION.
HOWEVER, EXTENSION OF JURISDICTION UNDER 1HE AUTHORITY OF THIS AGREEMENT SHAI.l..
OCCllR ONLY A S PROVIDED HEREIN.
SWORN PERSONNEL ASSIGNED TO JOINT OPERATIONS PURSUANT TO THIS AGRBEMENT .,.,lIO
OIlSEll.Vll A VIOLATION OF FLORlDA STATUTES IN THEIR PRESENCE SHALL BE EMPOWERED TO
RENDF.R ENFORCEMENT ASSISTANCE AND TAKE ENFORCEMENT ACTION IN ACCORDANCE WITH
LAW.
2
41
F;tOI1 FOL.E /'lIRl1t
8".23.1997 18;86
P. .
SECTJON JV: COMMAND AND SUPERVJSORY RESPONSIBJUTY
IN ANY OPERATION IN WHICH A MEMBER OK MEMBERS WILL BE CALLBD UPON TO FUNCTION
OUTSIDE OF THE MEMBBR'S OR MBMBERS' NORMAL TERRITORIAL J1JRISDICTlON, A SWORN FDLE
SUPERVISOR OR AN FDLE AGENT DESIGNATED BY THE SWORN POLE SUPERVISOR SHALL BE AN
AC1'JVE j'AII.1'ICIPANT. IF THE PULB SUPERVISOR OR A DESIGNATED FDLE AOENT JS NOT
AVAILABLE, ONLY THOSE MEMBERS OTHBRWISB HAVING REOULAR JURISDICTION WlmlN mE
PARTlCULAR LOCATION AS A PART OF THEIR NORMAL RESPONSIBILITIES SHALL HAVE
lUIUSDICTlON FOR THE OPERATION.
ACTUAL OPERATIONS BY THB PARTICIPANTS MAY BE OENERALLY DIRBCTED BY ANY
MEMBER(S} AGREED UPON TO SERVE IN SUCH LIMITED COMMAND ROLE HOWBVER, II' 10INT
ACTIVITY CONTEMPLATED OR OCCURRINQ IS OR WOULD BE OUTSIDE 'RiE NORMAL
TERRITORIAL lURISDICTION(S} OF THE LOCAL AGENCY PARTICIPANTS, THEN THE LIMITED
COMMAND DBSIGNIlIl AND ALL MIlMI3IlRS SHALL FOLLOW AND ADHBRB TO ANY FINAL
OVERSIGHT SUPERVISION AND DIRECTION QIVBN BY THE FDLE SUPERVISOR OR DESIGNATED
FDLE SPECIAL AGENT(S}. IF AT ANY TIME THE FDLll SUPERVISOR OR FDLE SPECIAL AGENT
DP..$ION Ell DETE!l.MIN ES THAT SUCH OPERA nONS SHOULD BE TERMINA TED, SAID OPERATION IS
TO BE PROMPTLY TERMINATED IN A MANNER ASSURING THE SAFETY 01' ALL INVOLVED LAW
ENFORCUMENT OFFICERS.
SUPERVISOR(S) SHALL MAINTAIN DOCUMENTATION THAT WILL DEMONSTRATE niE DAILY
IN VOL VEMENT OF SPECIFIC SWORN MEMBERS PROVIDED BY THE PARTIES TO THIS AGREEMENT
AS SUCH MEMBERS ARE INVOLVED IN EACH OPBRATION AND BACH OPERATION'S SUPBRVISOR
OR DESIGNATED LEADER. NO MEMBER SHALL ENGAGE IN 10lNT ACTIVITIES THAT ARE
U"RJ;PORTED OR OTHERWISJ; UNKNOWN TO A oaSIONATIlD SUPERVISOR AND WHICH ARE NOT
DOCUMF.NTED AS PROVIDED HEREIN.
CONFLICTS: IF A CONFI.ICT ARISES BElWBEN AN ORDER OR DIRECTION PROVIDBD BY SAID
SUPERVISOR OR TEAM LEADER AND A PARTICIPATING MEMBER'S EMPLOYING AGENCY RULES,
STANDARDS, 011. POLICIES, THE CONFJ.ICT SHALL BE PROMPTLY REPORTED TO THI! SUPERVISOR
OR TEAM LEADER, AND TO THE HIGHEST RANKING POLE MEMBER PRESENT. IF THAT PERSON IS
NOT THE SUPERVISOR OR TEAM LEADER. THE SUPERVISOR OR TEAM LEADER, IN CONJUNCTION
WITH FDLE. SHALL ATTEMPT to RESOLVE THE CONFLICT IN A MANNER TO ALLOW THE
OPERA nON TO CONTINUE APPROPRIA TEL Y.
HOWEVER, WHEN ENGAGED IN 10lNT OPERATIONS. NO MEMBER WILL BE EXPBCTED OR
REQUIRED TO VIOLATE OR OniERWISE FAIL TO MAINTAIN THE MEMBER'S EMPLOYING
AGENCY'S STANDARDS OF CONDUCT, OR BE REQUIRED TO FAIL TO ABIDE BY RESTRICTION OR
LIMITATION AS MAY BE IMPOSED BY LAW, Oll. THE MEMBER'S EMPLOYING AGBNCY'S RULES,
STANDARDS, OR POLICIES.
HANDLING COMPLAINTS: WHENEVER THERB IS CAUSE TO BELIBVE THAT A COMPLAINT HAS
ARISEN AS ^ RESULT OF A COOPER A TIVE EFFORT AS IT MAY PERTAIN TO THIS AGREEMENT, THE
AOENCY MEMBER RECEIVING THE COMPLAINT SHALL BE RESPONSIBLE FOR THE
DOCUMENTATION OF SAID COMPLAINT TO ASCERTAIN AT A MINIMUM:
I. THE IDENTITY OF.THE COMPLAINANT.
2. AN ADDRESS WHERE THE COMPLAININO PARTY CAN BE CONTACTED.
3. THE SPECIFIC ALLEOA TION
4. THE IDENTITY OF.THE EMPLOYEES ACCUSED WITHOUT REGARD AS
TO AGENCY AFFII.IA TION.
II' IT IS DETIlRMINED THAT THE ACCUSED IS AN EMPLOYEE OF A PARTICIPATING AGENCY, THE
ABOVE INFORMATION, WITH ALl. PERTINENT DOCUMENTATION GATHERED DURING THE
RECEIPT AND PROCESSING OF niB COMPl.AINT, SHALL BE FORWARDllD WITHOUT DELAY TO THE
AGENCY HEAD OR HISfliBR DESIGNEE OF THE AGENCY WHICH EMPLOYS THE OPFICER(S}
COMPLAINED AGAINST FOR ADMINISTRATIVE REVIEW. THE BMPLOYING AClENCY MAY
3
42
F.:~OI1 FOL.E I'f I AI1 I
B~. 23,.1"7 ,18:87
P. .
CONDUCT ^ REVIEW OF THB COMPLAINT rO'OBTERMINB IF'ANY FACTUAL BASIS FOR THE
COMPLAINT EXISTS AND/OR WHBTHBR-ANY OJl'THE SMPLCYEES OF THE AOENCY VIOLATBD ANY
OF THEIR AGENCY'S POLICIES OR PROCEDURES, ' '.
SECTION V: LIABILITY
EACH PARTY ENOAOINO IN ANY MUTUAL COOPERATION AND ASSISTANCE, PURSUANT TO THIS
AGREEMEN'r, AOREES TO ASSUME RESPO~S)BILITY FOR THB ACTS, OMISSIONS. OR CONDUCT OF
SUCH PARTY'S OWN EMPLOYBES WHILE ENOAGED IN RENDERINO SUCH AID PURSUANT TO THIS
AGREEM~NT, SUBJECT TO THE PROVISIONS OF SECTION 761.21, FLORIDA STATUTES, WHERE
APPLICABLE.
SECTION VI: POWERS, PRIVILEGES, IMMUNITIES AND COSTS
,
I. EMPLOYEES OF THE PARTICIPATINO AGENCIBS, WHEN ACTUALLY ENOAGING IN
MUTUAL COOPERATION AND ASSISTANCE OUTSIDE OF THEIR JURISDICTIONAL LIMITS BUT
INSIDE THIS STATE, UNDER THI! TERMS OF 1HIS AGREEMENT, SHALL, PURSUANT TO THE
PROVISIONS OF SECTION 23,127(1), FLORIDA STATUTES, HAVB THB SAMe POweRS, DUTIES,
RIOHTS, PRIVILEGES AND IMMUNITIES AS IF THE EMJlLOYEE WAS PERFORMING DUTlBS INSIDE
THE EMPLOYEE'S POLITICAL SUBDIVISION IN WHICH NORMALLY BMPLOYBD.
b, EACH PARTY AOREES TO FURNISH NECESSARY PERSONNEL, EQUIPMBNT,
RI!SOURCllS AND FACILITIES AN/) TO RENDER SERVICES TO BACH OTHER PARTY TO THE
AGREEMENT AS SET FORTH ABOVE; PROVIDED, HOWEVER, THAT NO PARTY SHALL BE REQUIRED
TO DfiPLETIi UNREASONABLY ITS OWN PERSONNEL, EQUIPMENT, RESOURCES, FACILITIES, AND
SERVICE~ IN FURNISHING SUCH MUTUAL AID.
c. A POLITICAL SUBDIVISION THAT FURNISHES EQUIPMENT PURSUANT TO TI,ns
AGREEM[;NT MUST BEAR THB COST OF LOSS OR DAMAOE TO THAT BQUIPMENT AND MlIST PAY
ANY BXPElNSE INCURRED IN THB OPERA TION AND MAINTBNANCE OF1:iIA T EQUIPMENT,
d. TIlE AGENCY FURNISHING AID PURSUANT TO THIS AGREEMBNT SHALL
COMPBNSATIl ITS APPOINTEBS/BMPLOYEIlS DURING THE TIME SUCH AID IS RENDI!RED AND
SHALL DEFRA Y THE ACTUAL TRAVEL AND MAINTENANCE EXPENSES OF ITS EMPLOYEIlS WHILB
THEY ARE RENDERING SUCH AID, INCLUDING ANY AMOUNTS PAID OR DUE FOR COMPENSATION
DUE TO PI.lRSONAL INJURY OR DEATH WHILE SUCH EMPLOYBES ARE ENOAGED IN RENDERING
SUCH AID.
c. THll PRIVILBOES AND IMMUNITIES FROM LIABILITY, EXEMPTION FROM LAWS,
ORDINANCES AND RULES, AND ALL. PENSION, INSURANCE, RBLlBF, DISABILITY, WORKERS'
COMPENSATION, SALARY, DEATH AND OTHER BENEFITS THAT APPLY TO THE ACTIVITY OF AN
EMPLOYEE OF AN AGENCY WIlBN PERFORMINO THE EMPLOYEE'S DUTIES WITHIN THE
TERRITORIAL LIMITS OF THE EMPLOYEB'S AGENCY APPLY TO THE BMPLOYEI! TO THE SAME
DEGREE, MANNER, AND EXTENT WHILE ENGAGBD IN THE PBRFORMANCE OF THE BMPLOYEE'S
DUTIES EXTRA TERRITORIALLY UNDER THE PROVISIONS OF THIS MUTUAL AID AOREEMBNT. THE
PROVISIONS Or THIS SECTION SHALL APPLY WITH I!QUAL EFFECT TO PAID, VOLUNTEER, AND
AUXILIARY EMPLOYEES,
f. NOTHINO IN THIS AGREEMENT IS INTENDED OR IS TO BE CONSTRUED AS ANY
TRANSFER OR CONTRACTING AWAY OF THE POWERS OR FUNCTIONS OF ONE PARTY HBRBTO TO
THE OTHER,
SECTION VII: LIABILITY INSURANCE
EACH PARTY HAS, OR WILL OBTAIN PRIOR TO PARTICIPATION IN ANY JOINT OPBIlA TIONS UNDBR
THIS AGREEMENT, LIABILITY INSURANCE BY ONE OR MORB OF THE MEANS SPECIFIED IN
SECTION 768.21(15)(1), FLORIDA STATUTES, IN AN AMOUNT w:nCH IS, IN THE JUDGMENT OF THE
GOVERNING BODY OF THAT PARTY, AT l.EAST ADEQUATE TO COVER THE RISK TO WHICH THAT
PARTY MAY BE EXPOSED, SHOULD THB INSURANCE COVERAOI!, HOWEVER PROVIDED, OF ANY
4
43
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. .
PARTY BE CANCELBO OR UNDBRGO MA~klAL CHANGE, lliAT PARTY SHALL NOTlI'Y ALL
PARTIES TO THIS AGREEMENT Q1' SUCU CHANOE WI'THIN TEN (10) DAYS OF RECEIPT OF NOTICE
OR ACnJAL KNOWLEDGE OF SUCH CHANGB.
SECTION VIll: FORFEITURE PROVtSIONS
I. IN THE EVENT AN AGENCY SEIZES ANY REAL PlOPERTY. VESSEL, MOTOR VEHICLE,
AIRCRAI.,., CURRENCY OR OTHER PROPERTY PURSUANT TO THE FLORIDA CONTRABAND
FORFlllnJRF. ACT DURING THE .PERFORMANCE OF THIS AGREEMENT, THE PRlMARY SElZINO
AGENCY SHALL BE RESPONSIBI..E FOR MAINTAINING ANY PORFElnJRE ACTION PURSUANT TO
CHAPTER 932, FLORIOA STATUTl!S. THE AGBNCY PURSUING THB FORFEITURE ACTION SHALL
HAVE THll EXCLUSIVE RIGHT TO CONTROL AND THE RESPONSIBILITY TO MAINTAIN THE
PROPERTY IN ACCORDANCE WITH CHAPTER 932, Fl...OlUDA STA TUTI!S, TO INCLUDE, BUT NOT BE
LIMITED TO, THE COMPLETE DISCRETION TO BRING THE ACTION Oil DISMISS THE ACTION.
b. ALL PROCBEDS FROM .FOIlFEITED PROPERTY SBIZBD AS A RESULT OF OR IN
ACCORDANCE WITH THIS AORESMSNT SHALL BE DIVIDED BQUALLY BETWEEN THE PARTIES,
LESS THE COSTS ASSOCIATED WITH THE FORFEITURE ACTION, UNLESS OTHBRWISE AGREBD IN
WRITING.
SECTION IX: EFFECTIVE DATE
THIS AGREEMENT SHALL TAKE EFFECT ON MAY I. 1997. SUBJECT TO APPROVAL BY THB
HEREINAFTER. NAMED OFFICIALS ...ND SHALL CONTINUE IN FULL FORCE AND EFFECT UNTIL
AUGUST 30.1997. UNDER NO CIRCUMSTANCES MAY THIS AGREEMENT BE RENEWED, AMENDED,
OR EXTENDED EXCePT IN WRITING.
SECTION X: CANCELLATION
ANY PARTY MAY CA NCSL ITS PARTICIPA nON IN THIS AOREEM.'CNT UPON DBLIVERY OF WRITTEN
NOTICE TO THE OTHER PARTY OR PARTIES. CANCELLATION WI:.!;BE AT THE DIRECTION OF ANY
,
SUBSCRIBINQ PARTY.
IN WI1NllSS WHBREOF. THE PARTIES HERETO CAUSE THESe PRESENTS TO BE SIONED ON THE
DA TE SPECIFIED.
James T. Moore. Commissioner Date
Florida Department of Law Enforcement
Katherine Fernandez-Rundle Date
State Attorney, Eleventh 1udicial Circuit
Dale
Fred Taylor
Director, Dade County
Date
Name
Title for Dade County
James 11. Butler
Chief of Police
Coral Gable8 Police Department
Date
Mayor or Chief Executive
Munlcipal Officer
City of Coral Gables
Date
5
44
VOLUNTARV COOPERATION MU;rUAL AID AGREEMENT
. W1Th1ESSETH
WHEREAS, THE SUBSCRIBING LAW ENFORCEMENT AGENCIES ARE SO LOCATED IN RELATION TO
EACH orHER THA"l1" IS TO THE ADVANTAGE OF EACH TO RECEIVE AND EXTEND MUnJAL AID
IN THE FORM OF LA W ENFORCEMBNT SERVICES AND RESOURCES TO ADEQUA TEL Y RESPOND TO
CONTINUING, MULTI-IURlSDICTIONAL CRIMINAL ACTJVITY, SO AS TO PROTECT THE PUBLIC
PEACE AND SAFETY, AND PRESERVE THE LIVES AND PROPERTY OF THE CITIZENS; AND.
WHEREAS, .,TH8 U~JDeRS1CNED HAVE THE AUTHORITY UNDER SECTION 23,l2, FLORIDA
STATUTES, et soq., THE FLOR1DA MUTUAL AID ACT, TO ENTER INTO A MUTUAL AID AOREEMENT
FOR LAW llNFORCIJMENT SERVICE WHICH PERMITS VOLUNTARY COOPERATION AND
ASSISTANCE OF A ROUTINE LA W ENFORCEMENT NA nJRE ACROSS JURISDICTIONAL LINES.
,
NOW, THF.RF.FORE. THE PARTIES AGREE AS FOLLOWS:
,
SECTION I: P ARTJES TO THE Ad~EEMENT
STATE ,COUNTY AND MQNlCIPAL AGENCIES:
FLOR1DA DEPARTMENT OF LAW eNFORCBMENT
OI'FICE 01' THE STATE ATTORNEY, ELEVENTIi JUDICIAL CIRCUIT OF FLORIDA
METRO-DADE POLICE DBPAR~T
CORAL GABLES POLICE DEPARTMENT
HIALEAH POLICE DEPARTMENT
MIAMI POLICE DBPARTMENT
MIAMI BEACH POLICE DEPARTMENT
OPA-LOCKA POLICE DEPARTMENT
NORTH MIAMI POLICE DEPARTM$NT
NORTH MIAMI BEACH POLICE DE)>ARTMENT
IT. LAUDERDALE POLICE DEPARTMENT
BROW ARD SHERifFS OFFICE
HOMESTEAD POLICE DEPARTMENT
IN ADDITION, THE PARTIES AGREE THAT THE JIOLLOWING FEDERAL LAW
ENFORCEMENT AGENCIES WILL PROVIDE APPROPRIATE SUPPORT AND ASSISTANCE:
UNITED STATES DEPARTMENT OF JUSTICE, FEDERAL BUREAU OF INVESTIGATION
UNITED STATES DEPARTMENT OF JUSTICE, DRUG ENFORCEMENT ADMINISTRATION
UNITED STATES DEPARTMENT OF JUSTICE, FEDERAL MARSHAL'S SERVICE
UNITED STA TES DEPARTMENT OF THE TREASURY, BUREAU OF ALCOHOL, TOBACCO, AND
FIREARMS
SECTION II: PROVISIONS JIOR VOLUNTARY COOPERATION
EACH Of THE AFORESAID LAW ENFORCEMBNT AGENCIES HEREBY APPROVB AND ENTER INTO
THIS AGREEMENT WHEREBY BACH OF THE AGBNCIES MAY REQUBST AND RENDBR LA W
ENfORCF.MENT ASSISTANCE TO THE OTliER IN DEALING WITH ANY VIOLATIONS OF FLORIDA
STATUTES TO INCLUDE, BUT NOT NECESSARILY BE LIMITED TO, INTER-AGENCY TASK FORCES
AND/OR JOINT INVESTIGATIONS TO INCLUDE BUT OPERATION FULL COURT PRESS,
COOPERATION IN nil! LOCATION AND APPREHENSION OF WANTED PERSONS AND THE SERVICll
OF fELONY ARREST WARRANTS UPON THEM, INVESTIGATING HOMICIDES, SEX OFFENSES,
ROllBERIIlS, OTHER VIOLENT FELONY OFFENSES, FIREARMS VIOLATIONS, BURGLARIES, THEI'TS,
MOTOR VeHICLE THEFTS, CONTROLLBD SUBSTANCES VJOLATIONS OR OTHBR FELONY CRIMES,
SECTION III: JURISDICTION AN~ J'ROCEDURE FOR REQUESTING ASSISTANCE
IN mE EVENT "HAT A PARTY TO THIS AGREEMENT IS IN NEED OF ASSISTANCE AS SET FORTH
AIlOVF-, AN AUTHORIZED REPRBSENTATIVE OF THE AGENCY REQUESTING ASSISTANCE SHA!.L
NOTIFY TIlE AGENCY HEAD O}\ HISIHllR DESIGNEE FROM WHOM SUCH ASSISTANCE IS
kBQUBSTED, THE AGENCY HEAD OR AUTHORIZED AGENCY REPRESENTATIVE WHOSE
ASSISTANCE IS SOUGHT SHALL EVALUATE THE SlnJATION AND THE AGENCY'S AVAILABLE
FROt1 FOLE /'1IRt11
04.23,,1997. 10;0~
P. 4
RBSOURCES. CONSULT WITH HISlHER SUPERVISORS'lF NECESSARY AND WlLL RESPOND IN A
MANNER HE/SHE DEEMS APPROP!uA TE.. .
THE AGENCY HEAD IN WHOSE-JURISDICTION ASSISTANCE IS BEING RENDERED MAY DETERMINE
WHO IS AUTHORIZED TO LEND ASSISTANCE IN HIS/HER JURISDICTION, FOR HOW LONCl SUCH
ASSISTANCE IS AUTHORIZED AND FOR WHAT PURPOSE SUCH AUTHORITY IS GRANTED. THIS
AUTHORITY MAY BE GRANTED EITHER VERBALLY OR IN WRITING AS THE PARTICULAR
SITUATION DICTATES.
THE PRINCIPAL SITBS OF ACTIVITY UNDER THIS AGREEMENT ARE DADE COUNTY AND BROWARD
COUNTY, FLDRIDA, BUT ACTIVITIES MAY OCCUR ELSEWHERE WITHIN THE STATE GF FLORIDA
CONSISTENT WITH THE PURPOSE AND TERMS OF THIS AGREEMENT. AS PROVIDED BY SECTION
23.127(1), FLORIDA STATUTES, A MEMBER ENGAGED IN AN OPERATION OUTSIDE THE MEMBER'S
JURISDICTION BUT INSIDE THE ST A m OF FLORIDA THAT IS CONSISTENT WITH THE PURPOSE AND
TERMS OF THIS AGREEMENT SHALL HA VE THE SAME POWERS, DUTIES, RIGHTS, PRlVILEGES, AND
IMMUNITIES UNDER THE LA WS OF nlE STATE OF FLORIDA AS IF THE MEMBER WAS PERFORMING
DVTIBS INSIDE THE MEMBER'S JURISDICTION. MEMBERS OPERATING OUTSIDE THEIR
JURISDICTION SHALL NOT ENJOY EXTRA-JURISDICTIONAL AUTHORITY AS LAW ENFORCEMENT
OFFICERS UNDER THIS AGREEMENT UNLESS ENGAGED IN APPROVED JOINT ACTIVITIES AND
UNDI.lR THE OVERALL SUPERVISION AND AUTHORITY OF THE FLORIDA DEPARTMENT OF LAW
ENfORCEMENT AS PROVIDED BY THIS AGREEMENT.
WHllNEVF:R JOINT ACTIVITIES OUTS]DE OF DADE OR BROW ARD COUNTY HA VE RESULTED IN AN
ARREST OR SEIZURE OF PROPERTY, THE SHERIFF OF THE COUNTY OR THE CHIEF OF J>OI..ICE OF
THE MUNICIPALITY IN WHICH SUCH ACTIVITlES HAVE OCCURRED SHALl. BE NOTIFIED OF THE
PARTICIPANT'S ACTIONS WITHIN THE SHERIFF'S OR CHIEF'S JURISDICTION.
AC1'IVITmS SHALL liE CONSIDERED AUTHORIZED ONLY WHEN APPROVED AND AC1UALLY
DIRECTED AS PROVIDED HEREIN BY A SUPERVISOR OR COMMAND DESIONEE. NO EXTENSION OF
JURISDICTION OR AUTHORITY IS GRANTED BY nl/S AOREEMENT FOR LAW ENFORCEMENT
ACTIVITIES UNLESS THEY ARE APPROVED AND SUPERVISED AS FROVIDED HEREIN AND ARE
RELATED TO IOINT OPERATIONS OR HAVE BEEN ENCOUNTERED DIRECTLY INCIDENT TO AN
APPROVI!D AND SUPERVISED lOlNT OPERATION.
THE PARTIES TO THIS AGREEMENT MA Y, BY A WRITTEN MEMORANDUM OF UNDERSTANDING OR
WRITTEN ATTACHMENT TO THIS AOREEMENT, IDENTIFY OR FURTHER DEFINE PARTICULAR
GUIDELlNBS, POLICIES, OR PROCEDURES TO BE UTII..lZED BY PARTICIPANTS WHEN ENGAOED IN
JOIN1' OPERATIONS. HOWEVER, A MEMBER'S nJRISDlCTION AS PROVIDED UNDER THIS
AGREEMENT MA Y NOT BE ALTERED BY ANY SUCH WRITTEN ATTACHMENT. IN mE ABSENCE OF
A WRITTEN MEMORANDA OF UNDERSTANDING OR ATTACHMENTS, THE POI..ICIES AND
PROCEDURES TO BE UTILIZED BY PARTICIPATING MEMBERS SHALL BE CLEARLY IDENTIFIED BY
THE SUPI!RVISOR, OR IF A SUPEIWISOR IS UNAVAILABLE, BY A TEAM LEADER AS DESIONATED
BY THE SUPERVISOR. WRITTEN OUIDELINIlS, POLICIES, OR PROCEDURES ADOPTED AS PROVIDED
HEREIN MAY NOT BE WAIVED OR ABANDONED BY SUPERVISORS OR PARTICIPANTS.
NOTHING HEREIN SHALL OTH!>RWISE LIMIT THB JURISDICTION AND POWERS NORMALLY
POSSEssrm BY AND EMPI..OYEE AS A MEMBER OF THE EMPLOYEE'S AGENCY. NOTHING HEREIN
SHALL OTHERWISE I..IMIT THE ABILITY OF PARTICIPA TING MEMBERS TO PROVIDE, AS PROVIDED
BY OR ALLOWBD BY LAW. SUCH ASSISTANCE IN ANY ENFORCEMENT ACTION UNRELATED TO
JOINT OPERA TIONS AS MAYBE LA WFULL Y REQUESTED BY A LAW ENFORCEMENT OFFICER
HAVING JURISDICTION OVER ANY SUCH INCIDENT, CRlMB OR MATTBR UNDER CONSIDERATION.
HOWEVER, EXTENSION 01' JURISDICTION UNDER THE AUTHORITY OF THIS AOREEMENT SHAI.L
OCCUR ONI.Y AS PROVIDED HEREIN.
SWORN PERSONNEL ASSIONBD TO JOINT OPERATIONS PURSUANT TO THIS AGREEMENT "''HO
OIlSl;R.Vll A VIOI..ATION OF FLORIDA STATUTES IN THEIR PRESENCll SHALL BE EMPOWERED TO
RENDER ENFORCEMENT ASSJSTANCE AND TAKE ENFORCEMENT ACTION IN ACCORDANCE WITH
LAW.
2
FilOI1 FDI..E 1'1 %,Q11 I
a~.2~.1997 lala6
P. .
SECTION IV: COMMAND AND SUPERVISORY RESPONSIBILITY
IN ANY OPERATION IN WHICH A MEMBER OR MEMBERS WILL BE CALLED UPON TO FUNCTION
OUTSIDE OF THE MEMBER'S OR MEMBERS' NORMAL TI!RRITOIUAL JURISDICTION, A SWORN FDLE
SUPERVISOR OR AN FDLE AGENT DESIGNATED BY THE SWORN POLE SUPERVISOR SHALL BE AN
AC1'JVE l'AkrlCIPANT. IF THE PULE SUPERVISOR OR A DESIGNATED FDLE AGENT IS NOT
AVAILABLE, ONLY THOSE MEMBERS OTHERWISB HAVING REOULAR JURISDICTION WITHIN TIlE
PARTICULAR LOCATION AS A PART OF THEIR NORMAL RESPONSIBILITIES SHALL HAVE
JURISDICTION FOR THEOPBRATION.
ACl'UAL Ol'ERATIONS BY THB PARTICIPANTS MAY BE OENERALLY D1RIlCTED BY ANY
MEMBER(S) AGREBD UPON TO SERVE IN SUCH LlMlTED COMMAND ROLl! HOWBVBR, IF JOINT
ACTIVITY CONTEMPLATED OR OCCURRING IS OR WOULD BE OUTSIDE 'AiE NORMAL
TERRITORIAL JURISDICTION(S) OF THE LOCAL AGENCY PARTICIPANTS, THEN THI! LIMITED
COMMAND DIlSIGNEIl AND ALL MIlMBIlRS SHALL POLLOW AND ADHERE TO ANY PINAL
OVERSIOH1' SUPERVISION AND DIREC1'ION GIVEN BY THE FDLE SUPERVISOR OR DESIGNATED
FDLE SPECIAL AGENT(S), IF AT ANY TIME THE FDLE SUPERVISOR OR FDLE SPECIAL AGENT
DF..sJGNE~ DETgRMINES THAT SUCI~ Ol'ERATIONS SHOULD BE TERMINATED, SAID OPERATION IS
TO BE PROMPTLY TBRMINATED IN A MANNER ASSURING THE SAFETY OF ALL INVOLVED LAW
ENFORCEMENT OFFICERS.
SUPERVISOR(S) SHALL MAINTAIN DOCUMENTATION THAT WILL DEMONSTRATE lliB DAILY
INVOLVEMENT OF SPECIFIC SWORN MEMBERS PROVIDIlP BY THE PARTIES. TO TIllS AGREEMENT
AS SUCH MEMBERS ARE INVOLVED IN EACH OPERATION AND EACH OPERATION'S SUPERVISOR
OR DESIGNATED LEADER. NO MEMBER SHALL ENGAGE IN JOINT ACTIVITIES THAT ARE
UJ-:REPORTED OR OTHERWISE UNKNOWN TO A DESIGNATED SUPERVISOR AND WHICH ARE NOT
DOCUMENTED AS PROVIDED HEREIN.
CONFLICTS: IF A CONFI_ICT ARISES BETWEEN AN ORDER OR DIRECTJON PROVIDED BY SAID
SUPERVISOR OR TEAM LEADER AND A PARTICIPATING MEMBER'S EMPLOYING AGENCY RULES,
STANDARUS, OR POLICIES, THE CONFUCT SHALL BE PROMPTLY REPORTED TO THll SUPERVISOR
OR TEAM LEADER, AND TO THE HIGHEST RANKING POLE MBMBBR PRESENT, IF THAT J>BRSON IS
NOT THE SUPERVISOR OR TEAM LEADER. THE SUPERVISOR OR TEAM LEADER, IN CONJUNCTION
WITH FULE, SHALL AlTEMPT to RESOLVE THE CONFLICT IN A MANNER TO ALLOW mE
OPERA TION TO CONTINUE APPROPR1A TEL Y.
HOWBVER, WHEN ENOAGED IN JOINT OPERATIONS, NO MEMBER WILL BE EXPECTED OR
RBQUlRED TO VIOLATE OR OTHERWISE FAIL TO MAINTAIN TliE MEMBER'S EMPl.,QYINO
AGENCY'S STANDARDS OF CONDUCT, OR BE REQUIRED TO FAIL TO ABIDE BY RESTRICTION OR
LIMITATION AS MAY BE IMPOStD BY LAW, OR THE MEMBER'S EMPLOYINO AGENCY'S RULES,
STANDARDS, OR POLlCIES.
HANULlNG COMPLAINTS: WHENEVER THERE IS CAUSE TO BELIEVE THAT A COMPLAINT HAS
ARISEN AS ^ RESULT OF A COOPERATIVEEFPORTAS IT MAY PERTAIN TO THIS AGREEMENT, THE
AGENCY MEMBER RBCEIVING THE COMPLAINT SHALL BE RESPONSIBLE FOR THB
DOCUMh'N1'A TION OF SAID COMPLArNT TO ASCERTAIN AT A MINIMUM:
I. THE IDENTITY OF lliE COMPLAINANT.
2. AN ADDRESS WHERE THE COMPLAINING PARTY CAN BE CONTACTED.
3. THE SPECIFIC ALLEVA TION
4. THE IDENTITY OF THE EMPLOYEES ACCUSED WITHOUT REGARD AS
TO AGENCY AFFILIATION.
II' IT IS Dm'ERMINED THAT THE ACCUSED IS AN EMPLOYEE OF A PARTICIPATING AGENCY, THE
ABOVI! INFORMATION, WITH ALL PERTINENT DOCUMENTATION OATHBRED DURINO THE
RECEI!'T AND PROCESSING OF THE COMPLAINT, S:iALL BE FORWARDED WITHOUT DELAY TO THE
AGENCY HEAD OR HlsnmR DESIGNEE OF THE AGENCY WHICH EMPLOYS THE OPFICBR(S)
COMPLAINED AGAINST FOR ADMINISTRATIVE REVIEW. THE IlMPLOYINO AGENCY MAY
3
F..'10n FOL..E 1111=1,.,1
0~.23.1997 10:07
. .
P. 6
CONDUCT A REVIEW OF THE COMPLAINT TO DETERMINE IF. ANY FACTUAL BASIS FOR THE
COMPLAIN1' EXISTS AND/OR WHETHER ANY OIl THE EMPLOYEES OF THE AGENCY VIOLA TED ANY
OF THEIR AGENCY'S POLICIES 01( PROCEDUPJlS.
SECTION V: LIABILITY
EACH PARTY ENOAOlNO IN ANY MUTUAL COOPERATION AND ASSISTANCE, PURSUANT TO THIS
AGREEMt;N'r, AGREES TO ASsUME RESPOl\SIBILITY FOR 11IE ACTS, OMISSIONS, OR CONDUCT OF
SUCH PARTY'S OWN EMPLOYEES WHILE ENGAGED IN RENDERlNO SUCH AlD PURSUANT TO THIS
AGREEM[!NT. SUBJECT TO THE PROVISIONS OF SECTION 768.28, FLORIDA STATUTES, WHERE
Al'Pl..JCABI.It
SECTION VI: POWERS, PRIVILEGES, IMMUNITIES AND COSTS
\
ft. EMPLOYEES OF THE PARTICIPATING AGENCIES, WHEN ACTUALLY ENGAGING IN
MUTUAL COOPERATION AND ASSISTANCE OUTSIDE OF THEIR JURISDICTIONAL LIMITS BUT
INSIDE THIS STATE. UNDER 11IE TERMS OF THIS AGREEMENT, SHALL, PURSUANT TO THE
PROVISIONS OF SECTION 23.127(1), FLORIDA STATUTES, HAVS THE SAME POWERS, DUTIES,
RIGHTS, PRIVILEGES AND IMMUNITIES AS IF THE EMPLOYEE WAS PERFORMING DUTIES INSIDE
THE EMPLOYEE'S POLITICAL SUBDIVISION IN WHICH NORMALLY EMPLOYED.
b. EACH PARTY AGR[!ES TO FURNISH NECESSARY FERSONNEL, EQUIPMENT,
RllSOURCllS AND FACILITIES ANIJ TO RENDER SERVICES TO EACH OTHER PARTY TO THE
AGREEMENT AS SET FORTH ABOVE; PROVIDED, HOWEVER, THAT NO PARTY SHALL BE REQUIRBD
TO DfiPLETE UNREASONABLY ITS OWN PERSONNEL, EQUIPMENT, RESOURCES, FACILITIES, AND
SERVICES IN FURNISHING SUCH MUTUAL AID.
c. A POLITICAL SUBDIVISION THAT FURNISHES EQUIPMENT PURSUANT TO THIS
AGREEMI;NT MUST BEAR THE COST OF LOSS OR DAMAGE TO THAT BQUIPMENT AND MUST PAY
ANY BXPENSE INCURRED IN THB OPfiRA TION AND MAINTENANCE OF~A T EQUIPMENT.
d. TIlE AGENCY FURNISHING AID PURSUANT TO THIS AGREEMENT SHALt..
COMPENSATB ITS APPOINTEES/EMPLOYEES DURINO THE TIME SUCH AID IS RENDERED AND
SHALL DEFRA Y THE ACTUAL TRAVEL AND MAINTENANCE EXPENSES OF ITS EMPLOYEES WHILB
THEY ARE RENDERING SUCIi AID, INCLUDING ANY AMOUNTS PAID OR DUE FOR COMPENSATION
DUE TO PIlRSONAL INJURY OR DBATH WHILE SUCH BMPLOYEES ARE ENGAGED IN RENDERING
SUCH AID.
c. THE PRIVILEGES AND IMMUNITIES FROM LIABILITY, EXEMPTION FROM LAWS,
ORDINANCES AND RULES, AND ALl. PENSION, INSURANCE, REl.IBF, DISABILITY, WORKERS'
COMPENSATION, SALARY, DEATH AND OTHER BBNEFITS THAT APPl.Y TO THE ACTIVITY OF AN
EMPl.QYEE OF AN AGENCY WHEN PERFORMING 11IE EMPLOYEE'S DUTIES WI11IIN THE
TERRITORIAL LIMITS OF THE EMPLOYEE'S AGENCY APPLY TO THE EMPLOYEB TO THE SAME
DEGREE, MANNER, AND EXTENT WHILE ENGAGED .IN THE PERFORMANCE OF THE EMPl.QYEB'S
DUTIES EXTRA TERRlTORIALL Y UNDER THE PROVISIONS OF THIS MUTUAL AID AGREEMENT. THE
PROVISIONS OF 11IIS SECTION SHALL APPLY WITH EQUAl. EFFECT TO PAID, VOLUNTEER, AND
AUXILJARY EMPLOYEES.
f. NOTHING IN THIS AGREEMBNT IS INTENDED OR IS TO BE CONSTRUED AS ANY
TRANSfER OR CONTRACTING A WA Y OF THE POWERS OR FUNCTIONS OF ONE PARTY HERETO TO
THE OTHER.
SECTION VII: LUBILlTV INSURANCE
EACH PARTY HAS, OR WILL OBTAIN PRIOR TO PARTICIPATION IN ANY JOINT OPERATIONS UNDER
THIS AGREEMENT, LIABILITY INSURANCE BY ONE OR MORE OF THE MEANS SPECIFIBD IN
SECTION 768.28(15)(1), FLORIDA STATUTES, IN AN AMOUNT WmCH IS, IN THE JUDGMENT OF 11IB
GOVERNING BODY OF THAT PARTY, AT l.EAST ADEQUATE TO COVER mE RISK TO WHICH THAT
PARTY MAY BE EXPOSED. SHOULP THE INSURANCE COVERAOE, HOWEVER PROVIDED, OF ANY
4
.'~ ftul"'l r' ""L.I;. n. "'1'1~ II:)...A.~. 1.,., f 18l8~
..
Rolando D. Bolanos Date Mayor or Chief Executive Date
Chief of Police Municipal Officer
Hialeah Police Department City ofHialoah
Donald H. Warshaw Date Mayor or Chief Exec
Chief of Police M iclpal Officer
Miami Police Department Ci of Miami
Richard Barreto Date efExecutive Date
Chief of Police Officer
Miami Beach Police Department i Beach
,/
Arlington Sands, Jr. Date Mayor or Chief Executive Date
Chief of Police Municipal Officer
Opa I-ocka Police Department City of Opa Locka
KeMeth Each Date Mayor or Chief Executive Date
Chief of Police MunicipalOfilcer
North Miami Police Department City of North Miami
William Berier Date Mayor or Chi;;fExecutive Date
Chief of Police Municipal Officer
North Miami Beach Police Department City of North Miami Beach
Michael D. Brufield Date Mayor or ChiefExeeutive Date
Chief of Police Municipal Officer
Fort 1.lluderdale Police Department City of Fort Lauderdale
Curtis K. Ivy, Jr. Date Mayor or ChiefExeeutive Date
Chief of Police Municipal Officer
Homestead Police Department City of Homestead
Ro~d Cochran
Shetiff, Broward County
Date
6
APPROVED AS 10
FORM & LANGUAGE
& FOR EXECUTlON
~~ c.J;tj7
45
.....END......