Mutual Aid Agreement w/ School Board of MDCI.2~% t' - C 7 ~
NiL?TUAI. AiD .AC:RFF.MF.VT
BL'f~tiIiEN TIIi; SCIIOOL BOARD OF biT;1ATi-DADT COLTTY, FLORIDA
ANll'1'11L Cl'1'Y OP b1L~iSII BGACII, FLORIDA
"fhis Agreement is entered into this _ day of .2009 behveen the Cip
of Nliami Bcach on behalf of the Nliami Beach Police Department and the School Board of
Miami-Dade County, Florida, with an effective date of the day of 2009
(effective date), and a lenninalion date of no later than January I , ?01 ~.
1Vhcrcas, it is the responsibility of The School Board of ~~fiami-Dade County, Florida,
artd the Ciry• oY' Nliami Bcach, Florida to cnsurc the public safety of their students and teachers,
respectively, are citizens by providing adcyuate levels of police services to address any
foreseeable routine or emergency situation; and
Whereas, because of the existing .•utd continuing possibility of the occurrence of late
enliircement problems and other natural and man-made conditions which arc, or arc likely to be,
beyond the control of the services, persomtel, equipment, or f'acililies of The Miami-Dade
Schools Police Department or the City of Miami Beach's Police Department; and
\~1~ hereas, in order to cnsurc that preparation of these lave enforcement agencies ~a•ill he
adcyuate to address any and all of these conditions, to protect the public peace and safct}-, and to
presence the lives and property of the pzoplz of The School Board of Nliami-Dade County and
the Cin• of Nliami Bcach; and
1~i•`hcrcas, 7 he School Board of D9iami-lladc County and the City of Dliuni Beach,
Florida have the authority under Chapter 23, Florida Statutes, Florida Mutual Aid Act, to enter
into a mutual aid agreement.
NOW. "fI1L•'ltirPORE, BE TT KNO«'N that The School Board of Mianti-Dade County. a
political subdivision of the State of Florida, and the City of Nliami f;each. Florida, a municipal
corporation by and through the undersigned representatives and in consideration of the mutual
promises to render valuable aid in times of necessity, du hereby agree ut lidly and litilhftdly
abide by and he bound by the following teems and conditions:
1. Short title: Mutual Aid Aereentent
2. llescription: Since t}us Mutual ilid Agrecntcnt 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, Florida Statutes.
3. T)elinitions:
a. Joint llcclaration: ~\ docuntcnt which enumerates the various conditions or
situations where aid may be requested ar rendered pursuant Ut this Agreement, as
delennined by concerned agency beads. Subsequent to execution by concerned
agency heads, the joint declaration shall be filed with the clerks of the respective
political subdivisions and shall thereafter become pan of this Agreement. Said
declaration may be amended or supplemented at any titnc by the agency heads by
tiling subsequent declarations with the clerks of the respective political
subdivisions.
b. Agency or pvticipating lave enforcement agency: Either The ittiami-Dade Schools
Police llepartmcnt or the City of Miami Beach Police Department.
c. Agency head: Either the Chief of the R•1iami-llade Schools Police Ucpartntcnt, or
the C7tief's designee; and the City T`danager of the City of Miami Beach, or his
designee. t~•ho shall be the Chief of Police ot'the Ivliami Beach Police [)epartment.
d. The participating police department: A police department, designated by the
1lorida llcparuncnt of Law cnforccmcnt via issuance of a lativ cnforccntent agency
origination number, in the Slate of Florida that has approved and eseculcd this
Agreement upon the approval of its govenung body.
o, Certified law cnforccmcnt employee: Any law ctforccmcnt employee certified as
provided in Chapter 943, Florida Statutes.
4. Operations:
a. Tn the event that a park to this Agreement is in need of assistance, as specified in
the applicable joint declaration, an authorized representative of the police
department requiring assistance shall nobly the agency from whom such assistance
is requested. The authorized agency representative whose assistance is sought shall
evaluate the situation and his or her available resources, and will respond in a
matvter deemed appropriate.
h. F,ach party to this .Agreement agrees to liimish necessary personnel, equipment,
facilities, and other resources and to render sen~ices to the other party as required to
assist the requesting party in addressing the situation .which caused the request;
provided; however, that no party shall be required to deplete unreasonably its own
personnel, equipment; I'ucilities, and other resources and services in rendering such
assistance.
c. The agency heads of the participating law enlorccmcnl 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 um• such
assigned mission and supervisory control over all personnel or cquiprnent provided
S
pursuant to this Agreement to the providing agency. I [otvcvcr, each employee shall
also be subject to the personnel rules, regulations, procedures, and policies
applicable to his or her employing agency.
S. Powers, Privileges, Tnnttunities, and Costs:
a. All employees of the participating police department, htcludutc certified law
cnforccmcnt employees as defined in Chapter 94 ;, 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 aid made in
accordance with this Agreement, shall, pursuant to the provisions of Chapter 2i,
Florida Statutes, have the same powers, duties, rights, privileges, and immunities as
if they were perR~rming their duties in the political subdivision in ta~hich they are
normally employed.
b. The political subdivision having financial responsibility for the law• enforcement
agency providing sctvices, persotmcl, equipment, or facilities pursuaztt 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. "1'hc political subdivision having tit><vtcial responsibility for the law cnforccmcnt
agency providing aid pursuant to this Agreement shall compensate all of its
employees rendering aid purstmnt lu the Agreement during the time of the
rendering of such aid and shall de Gay the actual u-avel and maintenance expenses
of such employees while they are rendering such aid. Such compensation shall
include any atmounts paid or due for compensation due to personal injun• or death
while such employees are engaged in rendering such aid. Such canpcnsation shall
also include all henelits normally due such employees.
d. The political subdivision having financial responsibilit}• for the laws enforcement
agency receiving aid pursuant. to tlus :lerecmcnt shall compensate all of its
employees pursuant to the Agrccmcnt during the time of the receiving of such aid.
Such compensation shall include any amounts paid or due for compensation due to
personal injure or death while such employees are engaged in rendering such aid.
Such compensation shall also include all benefits normally due such employees.
c. All exemptions from ordinance and rules, and all pension, insuranco, relief..
disability, workers' compensation, salary, death. and other henelits which apply to
the activity of such officers, agents, or employees of any such a~,ency 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 pertbmuance of their functions and duties extra territorially under the
provisions of this Ivlutua] Aid Agreement. The provisions of this Agreement shall
apply with equal effect to paid and auxilivy employees.
6. Indemnification: The political subdivision having tutancial responsibilin~ for the law
enforcement agency providing aid pursuant to this Agrccmcnt, and the political subdivision
having fmancial responsibility for the law enforcement agency receiving aid pursuant to this
Agrccmcnt, each agree to hold hamiless, defend, and indemniip each other in any suit,
action, or claim for damages resulting frotn any and all acts or conduct of employees of each
aeency while providing or receiving aid pursuant to this Agrccmcnt, suhicct to Chapter 768,
Florida Statutes.
7. Forfeitures: It is recogttized that during the course of the operation of this Agreement,
property subject to forfeiture under the 1'lorida Contrabatd Forfeiture Act, Florida Statutes,
may be seized. 'I'hc property shall he seized, li~rlcitcd; and cyuitahly distrihutcd among the
participating agencies in proportion to the amount of inwestigalion and participation
performed by each agency. This shall occur pursuant to the provisions of the Florida
Contraband Forfeiture Act. Any p<•u-ticipating agencies must rcyucst sharing, in +writing,
before the entry of a Final Order of Forfeiture, or they +vill he barred li-om claiming any
portion of the property forfeited.
8. 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
defitutions stated ut Chapter 2±, Florida Statutes. This Agreement shall be governed by, and
construed in accordance vvi[h. the la+a•s of the 5tatc of Florida. both substantive and
remedial, without regard to principles of conflict of laws. The exclusive venue Ibr any
litigation arisutg out of this Agreement shall be J~iami llade County, Florida, if in state
court, and the ll.S. District Court, Southern District of Florida, if in federal court. BY
EN'fF.RING INTO THIS A(iRF.F.VIF.NT, THF. C[TY AND THF. SCHOOL BOARD
EXPRESSLY ~~%AIVE AT;Y R[GIITS EITIIER P.aRTY MAY RAVE TO A TRIAT. BY
NRY OF AT\Y CIVIL LITIC,.ATION RELATED TO, OR ARISING OUT OF, THIS
AGREEyr1ENT.
9. Effective Date and Duration: This Agreement shall he in ell'ea from the effective dale on
page one of this Agreement, through and including, .lanuary I; 2(115. Under no
circumstances may this Agreement be rencw'cd, amended, or extended except in v+•riting and
only, if approved by the parties hereto.
10. Cancellation: 1}tis ilgrcemcnt map be cancelled b}= either party upon sixty (6U) days
written notice to the other party. Cancellation will be at the discretion of the chiof executive
otTcers of the parties hereto.
I I. Notices: Any notice provided for or conccming this agreement shall be in writing and be
deemed sufficiently given when sent by certified or registered mail if sent to the respective
address of each party as set fiTrth at the beginning ol'lhis agreement.
As to Citv of Miami Beach:
C it}• of Miami Reach on behalf of Miami Reach Police Department
Attention: Chief Carlos Noriega
1100 ~Tt ashington Avenue
Miami Reach. FI: 3i1.i9
As to The School Board of Miami-Dade C'ounri':
. 1' L
:\GREED'IY) AND ACKNOWLEDGED this _ day of , 2UU9
Mr. Alberto hl. Carvulho, Superintendent ,City \danage
Miami-Dade County Public Schools ity of IVtiami Reach, Florida
Sore Pf. Gonzalez
l~'ITNI;SS: il;'TL ~~
Clerk Clerk
lvliami-Dade County Public Schools City ol'~~liami Reach, Florida
Robert Pareher
APPROVED AS TO FORM APPRO\'F.D AS TO FORT•4
AND LEGAL SL:FFICIENCY' A LF.GAT. "~1FFTCTF.NCI'
~ ~~
~
Attorney \__ orn~y ~,
Miami-Dade Counq Public Schools .ty ol`N taTrU Beach, Florida
E~alto5$ALLIROTHVulisc Police'•NAA-City oT Miami I3each.COc
JO1N'!' llliCLA1~~1T10N Bli7'\b'1sGN'fHE CHIEF OF'I'HE ~91:1NII-D.'1D1; SCHOOLS
POT.TCE DEPARTMENT AND TILE CIIIEP 01' 'fHE CI"l'Y 01' NIlilMl BEt\CH YOLICG
DEPARTMF.1\T P};RSLIANT TO N1LJTLI,AI. Ail) AGREEA~tENT
A police officer of either of the participating lava cnforccmcnt agencies shall be con-
sidered to be operating under the provisions of the \qutual Aid Agreement when:
• participating ut laty cnforccmcnt activities that arc prcplanned and approved by each
respective agency head, or
• appropriately dispatched in response to a request for assistance from the other law
cnforccmcnt agency.
Lt compliance with attd under the authority of the Dluhtal aid Agreement heretofore
entered into by the City o1' Niiami Reach, Florida and The School Board of Nliami-Dade
County, Florida, it is hereby declared that the li~llowing list comprises the circumstances and
conditions under which mutual aid may be requested and rendered regarding police operations
pursuant to the agreement. Said list may be amended or supplemented from time to time as
^eeds dictate by subsequent declarations.
1. Joint multi-jurisdictional criminal investigations.
2. Civil affray or disobedience, disturbances, riots, large protest demonstra-
tions, amtroversial trials, political conventions, labor disputes, and strikes.
i. Any nahrral disaster.
4. Incidents which require rescue operations and crowd and traffic control
measures including, but not limited to, large-scale evacuations, aircrall and
shipping disasters; fires, explosions, gas line leaks, radiological incidents,
U•ain wrecks and derailments, chemical or hazardous waste spills, and elec-
trical power failures.
5. 'Ccnorist activities including, but not limited to. acts of sabotage.
C. Escapes from or disturbances within detention facilities.
7. Hostage and barricaded subjccl situations, and airerall piracy.
8. Cattrol of major crime scenes, area searches, perimeter control, back-ups to
emergency and in-progress calls, pursuits, and missing person calls.
9. F.nemv attack.
10. Transportation of evidence requiring security.
I1. 1vlajar events; e.g., sporting events, concerts, parades, fairs, festivals and
conventions.
12. Securin~ and escort duties for dignitaries.
I i. Emergency situations in wfiich one agency cannot pcrti~rm its functional ob-
jcctivc.
14. Incidents reyuiring utilization of specialized units; e.g., underwater recov-
ery, airoratt. canine, motorcycle, bomb, crime scene, marine patrol, and po-
lice information.
l ~. Joint training in areas of mutual need.
1G. Joint multi-jurisdictional marine interdiction operations.
The follotwing procedures will apply in mutual aid operations:
T. Mutual aid reyuested or rendered will he approved b;• the Chief of Police of
the respective political subdivision or his''her designee.
2. Specilic reporting instructions liar personnel rendering mutual aid should be
inchtded in the request for nurtual aid. 1^ the absence of such insulretions,
personnel will report to the ranking on-duty supervisor on the scene.
3. Cornrmmications instructions will be utchtded in each request for mutual aid
and the Miami-Dade Police Department Communications Rureau will main-
tain radio contact with the invoked agencies until the mutual aid situation has
ended.
4. Incidents reyuiring mass processing of arrestees, transporting prisoners, and
operating temporary detention lacili[ies will be handled per established pro-
ccdures.
~ ~.~~ % (~ - i/ate/oy
Carlos Noriega, .#Siel' ~ lla
Miami Beach Yolicc 1>E ment
Charles ,T. Hurley, Chief of Yolicc Date
T`diami-Dade Schools Puliu: Department
Clerk Date