97-22333 RESO
RESOLUTION NO.
97-22333
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, AUTHORIZING THE MAYOR AND CITY CLERI{ T::>
EXECUTE, ON BEHALF OF THE CITY OF MIAMI BEACH POLICE
DEPARTMENT, A MUTUAL AID AGREEMENT WITH THE SCHOOL BOARD OF
DADE COUNTY, FLORIDA, FOR THE PURPOSE OF COORDINATING LA'III'\'
ENFORCEMENT PLANNING, OPERATIONS, AND MUTUAL AID BENE:F!!T
BETWEEN THE SCHOOL BOARD AND THE CITY.
WHEREAS, it is the responsibility of the City of Miami Beach and the School Boa!d
of Dade County, through their respective Divisions of Police, to ensure the public safey
by providing adequate levels of police services to the citizens of the City and the stud~n:s
and staff in the public schools of Dade County; and
WHEREAS, because of the existing and continuing possibility of the occurrence d,f
law enforcement problems and other natural and man-made conditions which are, or like y
to be, beyond the individual control of the services, personnel, equipment, or facilities ,)f
either the City of Miami Beach Police Department or the School Board of Dade COL nt l,
Division of Police; and
WHEREAS, in order to ensure the preparation of these law enforcement agencies
will be adequate to address any and all of these conditions, to protect the public peace af d
safety, and to preserve the lives and property of the people of the City and the studens
and staffs of the School Board of Dade County, the City and the School Board haw~,
pursuant to the authority granted under Chapter 23, Florida Statutes, "Florida Mutual Ad
Act," agreed 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 Ci'y
Clerk are hereby authorized to execute, on behalf of the City of Miami Beach Police
Department, the attached Mutual Aid Agreement with the School Board of Dade Count',
for the purpose of coordinating law enforcement planning, operations, and mutual ad
between the City of Miami Beach and the School Board of Dade County.
PASSED and ADOPTED this 19th day of
,1997.
ATTEST: B
RoV--uo ~
CITY CLERK
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTlOI'\I
F:IA TTOIAGUR\RESOS\SCHOOLMU,RES
4f!ft5 ~~.!J-
CITY OF MIAMI BEACH
CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139
http:\\cLmiami-beach.fl,us
COMMISSION MEMORANDUM NO. ~
TO:
FROM:
Mayor Seymour Gelber and
Members of the City co)mmjSSion
Jose Garcia-Pedrosa.!"b '
City Manager If
DATE: March 19, 1!)9;'
SUBJECT: A RESOLUTION OF TtfE MAYOR AND CITY COMMISSION OF THE CiiT"
OF MIAMI BEACH, t:i.ORIDA, AUTHORIZING THE MAYOR AND CI T"
CLERK TO EXECUTE, ON BEHALF OF THE CITY OF MIAMI BEAChl
POLICE DEPARTMENT, A MUTUAL AID AGREEMENT WITH THE:
SCHOOL BOARD 9F DADE COUNTY, FLORIDA, FOR THE PURPOSE:
M OF COORDINATING LAW ENFORCEMENT PLANNING, OPERATIONS,
AND MUTUAL AID BENEFIT BETWEEN THE SCHOOL BOARD OF DADE,:
COUNTY AND THE CITY OF MIAMI BEACH.
ADMINISTRATION RECOMMENDATION
Approval of the Resolution
BACKGROUND
The City and the School Board of Dade County, because of the existing and continuin~
possibility of the occurrence of law enforcement problems and other natural and man-mc!ldE '
conditions which are, or likely to be, beyond the control of the services, personnel
equipment, or facilities of the City of Miami Beach Police Department or the School Boarc
of Dade County, Division of Police, believe that it is beneficial for each to participate il c
Mutual Aid Agreement as authorized by Chapter 23, Florida Statutes.
CONCLUSION
By approving this Resolution, the City and the School Board of Dade County will enter illtc
a M~,t.. al Aid Agreement that will benefit both.
/,. .
JG P/RB/MWD/SDR/MMS
\ $-
F:\POLl\TECHSERV\POLlCIES\COM_MEMO\SCHOOLMU,MEM
AGENDA ITEM ~ Lf)
DATE~J
TO:
Robert Parcher
City Clerk
Michael M. somher~
December 18,1997
RECE\VEO
c--: ro:-r \ 9 PH 2: 3t3
:;)1 L1,,\J
~ ,', . ( . ~ ,,"," ~ leE
, .-, ,.' t ',.' ) U r r I
:..... i ; L l.....~1 or \ ,
MEMORANDUM
FROM:
DA TE:
SUBJECT:
OF
MUTUAL AID AGREEMENT BETWEEN THE SCHOOL BOARD
DADE COUNTY, FLORIDA AND THE CITY OF MIAMI BEACH,
FLORIDA
Enclosed are the three originals of a Mutual Aid Agreement package. As background,
in January of this year, the School Board of Dade County furnished us with a Mutual Ai,
Agreement. On March 19, 1997, the Mayor and City Commission approved the Mutual Ai,
Agreement. The documents were delivered to the School Board as soon as they were signed by th(
Mayor.
Since this time, I have contacted the School Board at least a half dozen times regarding the statw
of the agreement. I had not received any information other than it was awaiting signatures.
I was contacted Monday, December 15, 1997 by Captain Milton of the Dade County School BO;lrC
Police and advised by her that she had been directed to return the Mutual Aid Agreement unsigned,
Captain Milton advised that the School Board officials would like us to sign a different agreemept
There are some differences in the new proposed agreement that will require review by our Carmne: nd
Staff and our Police Legal Advisor.
I am returning these packages to your for your disposition.
"L
r ,.;AI
M 'VI u~y/"" if/' ...;1
10 / {IvQ ~ibV" ;tC)
/'~) fY11 f-
h1A t;; ~ ",(,.t.
~ 'O"J ~ r-
.- ~ 1]Jl ~ ().,JA .
\fJ G ct (;VfV'
~~ r~', i ~V
fT
".1 It I~"'t
Ene.
MUTUAL AID AGREEMENT
Between The School Board of Dade County, Florida
and the City of Miami Beach, Florida
This Agreement is entered into as of the _ day of
, 1997, by and between
THE SCHOOL BOARD OF DADE COUNTY, FLORIDA, a body politic under the laws of the
State of Florida, and CITY OF MIAMI BEACH, a Florida Municipal Corporation.
Whereas, it is the responsibility of the government of Metropolitan Dade County and the
participating Dade County municipalities to ensure the public safety of their citizens by providilg
adequate levels of police services to address any foreseeable routine or emergency situation; ald
Whereas, there exists the continuing possibility of the occurrence of law enforceme nt
..
problems and other natural man-made conditions which are, or are likely to be, beyond the
control of the services of The Division of School Police or the participating municipal police
department; and
Whereas, it is the desire of the parties to ensure that preparation by these police
departments will be adequate to address any and all of these conditions, to protect the pubic
peace and safety, and to preserve the lives and property of the people of Dade County and Hie
participating municipality; and
Whereas, The School Board of Dade County, Florida and the City of Miami Beach,
Florida, have authority under Chapter 23, Florida Statutes (Florida Mutual Aid Act), to enter irto
a mutual aid agreement.
-1-
NOW, THEREFORE, BE IT KNOWN that The School Board of Dade County, Florida
and the City of Miami Beach, Florida in consideration 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:
I. Short Title: Mutual Aid Agreement
2. Description: This Mutual Aid Agreement provides for the requesting and rendering of
assistance for both routine and law enforcement intensive situations. This Mutual Ajd
Agreement combines the elements of both voluntary cooperation agreement and a
requested operational assistance agreement, as described in Chapter 23, Florida Statutl~s.
3. Definitions:
a. Joint Declaration: A document which enumerates the various conditions or
situations where aid may be requested or rendered pursuant to this Agreement as
determined by concerned agency heads. Subsequent to the execution by the
concerned agency heads, the Joint Declaration shall be filed with the clerks of the
respective governing agencies and shall thereafter become part of this Agreement.
The Joint Declaration may be amended or supplemented at any time by the poli ce
chiefs by filing subsequent fully executed declarations with the clerks of the
. .
governmg agenCIes.
b. Agency or Participating Law Enforcement Agency: Either the Division ofSchclol
Police or the City of Miami Beach Police Department.
c. Agency Head: Either the Chief of the Division of School Police, or the Chiefs
-2-
designee; and the Chief of Police of the City of Miami Beach, or the Chiefs
designee.
d. Participating Municipal Police Department: The police department of any
municipality in Dade County, Florida, that has approved and executed this
Agreement upon the approval of the governing body of that municipality.
e. Certified Law Enforcement Employee: Any law enforcement employee certified
as provided in Chapter 943, Florida Statutes.
4. Operations:
a. In the event that a party to this Agreement is in need of assistance as specified in
the applicable Joint Declaration, the Chief of Police or designee of the poll ce
department requiring assistance shall notify the Chief of Police from whom such
assistance is requested. The Chief of Police whose assistance is sought shall
evaluate the situation and determine available resources, and will respond
accordingly.
b. Each party to this Agreement agrees to furnish necessary personnel, equipment,
facilities, and other resources and to render services as stated in the Joint
Declaration and to assist the requesting party in addressing the situation wh: ch
caused the request; provided, however, that no party shall be required to depl~te
unreasonably its own personnel, equipment, facilities and other resources and
services in rendering such assistance.
c. The Agency Heads of the Participating Law Enforcement Agencies, or tbeit
-3-
designees, shall determine how to: (1) give control ofthe mission definition to
the requesting Agency; (2) give tactical control over accomplishing any assigned
mission; and, (3) give supervisory control over all personnel or equipment
provided pursuant to this Agreement to the requesting Agency.
5. Powers, Privileges, Immunities, and Costs:
a. All employees of the Participating Law Enforcement Agencies, including
certified law enforcement employees as defined in Chapter 943, Florida Statuh~s,
during such time that said employees are actually providing aid outside of the
jurisdictional limits the employing Agency pursuant to a request made; in
accordance with this Agreement, shall pursuant to the provisions of Chapter :~3,
Florida Statutes, have the same power, duties, rights, privileges, and immunities
as if they were performing their duties in the jurisdictional limits in which they
are normally employed.
b. The party having financial responsibility for the Participating Law Enforcem~n1
Agency providing services, personnel, equipment, or facilities pursuant to thi~
Agreement shall bear any loss or damage to same and shall pay any and at'
expenses incurred in the maintenance and operation of same.
c. The party having financial responsibility for the Participating Law Enforcemen
Agency providing aid pursuant to this Agreement shall compensate all of it~
employees rendering aid pursuant to the Agreement during the time of tht.
rendering of such aid and shall defray the actual travel and maintenance expense:
-4-
of such employees while they are 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, reh,~f,
disability, worker's compensation, salary, death, and other benefits which apply
to the activity of such officers, agents, or employees of any such Agency when
performing their respective functions within the territorial limits of th~ir
respective Agencies shall apply to them on the same degree, manner, and ext€:nt
while engaged in the performance oftheir functions and duties extraterritorially
under the provisions of this Agreement. The provisions of the Agreement shall
apply to each parties' participating personnel.
6. Indemnification: Subject to Chapter 768, Florida Statutes, the party having financial
responsibility for the Participating Law Enforcement Agency providing aid pursuant to
this Agreement agrees to hold harmless, defend, and indemnify the requesting party wble
providing aid pursuant to this Agreement, to the extent allowable by Florida Law.
7. Forfeitures: It is recognized that during the course of the operation of this Agreement,
property subject to forfeiture under the Florida Contraband Forfeiture Act, Florda
Statutes, may be seized. The property seized and forfeited shall be equitably distribmed
among the participating Agencies in proportion to the amount of investigation ~,nd
participation performed by each Agency as determined by the agency heads. This shall
occur pursuant to the provisions of the Florida Contraband Forfeiture Act.
8. Conflicts: Any conflicts between this Agreement and Chapter 23, Florida Statute~
-5-
(Florida Mutual Aid Act) will be governed by the provisions of the Act.
9. Effective Date and Duration: This Agreement shall be in effect from date of signi:1g
through and including, January 1,2000. Under no circumstances may this Agreement be
renewed, amended, or extended except in writing and signed by the parties.
10. Cancellation: This Agreement may be canceled, without cause and for convenience, by
either party upon sixty (60) days written notice to the other party.
l
THIS AGREEMENT IS SIGNED AS OF
\"
~
.i "-
t ~,
I \
1997
i
~fY
" I
~Ro~~ pcucL--
City Clerk
Chair, School Board of Dade County, Florda
Superintendent of Schools
APPROVED AS TO FORM
School Board Attorney
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUllON
/!4! ~
~ ' -
/f!; .
City Attorney
(//:</0---1
~
-6-
JOINT DECLARATION OF THE CHIEF OF THE DIVISION OF SCHOOL POLICE AN D
THE CHIEF OF THE CITY OF MIAMI BEACH POLICE DEPARTMENT PURSUANT or
MUTUAL AGREEMENTS.
A police officer of either of the particating law enforcement agencies shall be considered .0
be operating under the provisions of the mutual aid agreement when:
. participating in law enforcement activities that are preplanned and approved by each
respective agency head, or
. appropriately dispatched In response to a request for assistance from the other la w
enforcement agency.
In compliance with and under the authority of the Mutual Aid Agreement heretofore en1en :d
into by the City of Miami Beach and the School Board of Dade County, Florida, it is herel,y
declared that the following list comprises the circumstances and conditions under mutual aid m;, y
be requested and rendered regarding police operations pursuant to the agreement. Said list mcY he
amended or suppl'.lmented form time to time as needs dictate by subsequent declaration.
1. Concurrent police powers for Dade County Public Schools and enforce laws in ,n
area within 1,000 feet of School Board property.
2. Joint multi jurisdictional criminal investigations.
3. Civil affray or disobedience, disturbances, riots, large protest demonstrators,
controversial trials, political conventions, labor disputes, and strikes.
4. Any natural disaster.
5. Incidents which require rescue operations and crowd and traffic control mem:ur:s
including, but not limited to, large-scale evacuations, aircraft and shippil,g
disasters, fires, explosions, gas line leaks, radiological incidents, train wreck~ ill ld
derailments, chemical or hazardous waste spills, and electrical power failures.
6. Control of major crime scenes, area searches, perimeter control, back-ups :0
emergency and in-progress calls, pursuits, and missing person calls.
7. Transportation of evidence requiring security.
8. Major events; e.g., sporting events, concerts, parades, fairs, festivals, and
conventions.
-1-
9. Security and escort duties for dignitaries.
10. Emergency situations in which one agency cannot perform its functional
objective.
11. Incidents requiring utilization of specialized units; e.g., underwater reco\rery,
aircraft, canine, motorcycle, bomb, crime scene, marine patrol, and pDli~e
information.
12. Joint training in areas of mutual need.
The following procedures will apply in mutual aid operations:
1. Mutual aid requested or rendered will be approved by the Director/Chief of Poli,;e
or designee.
2. Specific reporting instructions for personnel rendering mutual aid should 'Ie
included in the request for mutual aid. In the absence of such instruct lor s,
personnel will report to the ranking on-duty supervisor on the scene.
3. Communications instructions will be included in each request for mutual aid alld
the City of Miami Beach Police Department Communications Bureau will mainta.n
radio contact with the involved agencies until the mutual aid situation has er.dd.
4. Incidents requiring mass processing or arrestees, transporting prisoners, alld
operating temporary detention facilities will be handled per established
procedures.
Vivian C. Monroe, Chief
Division of School Police
Date
~..~/,'. -
~, 3-3..9';'
Richard Barreto, Chief Date
City of Miami Beach Police Department
ATTEST
ATTEST
School Board Clerk
J<o L<<<l pQ;l-~
City Clerk
-2-