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Mutual Aid Agreement , I ~~! ~! , . MUTUAL AID AGREEMENT Between The City of Miami Beach and The School Board of Miami-Dade County, Florida. BACKGROUND The City of Miami Beach, a political subdivision of the State of Florida, on behalf of the Miami Beach Police Department and The School Board of Miami-Dade County, Florida, on behalf of the Division of School Police, have the authority under Chapter 23, Florida Statutes, Florida Mutual Aid Act to enter into a mutual aid agreement. THE AGREEMENT The City of Miami Beach, ("Political Subdivision") and The School Board of Miami-Dade County, Florida ("School Board"), through the undersigned representatives, in consideration for the 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: 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, Florida Statutes. 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 police agency heads. Subsequent to execution by the concerned police agency heads, the joint declaration shall , , :' :' , .1 {. be filed with the Clerk of the Political Subdivision the appropriate School Board office, and shall thereafter become part of this Agreement. Said declaration may be amended or supplemented at any time by subsequent written declarations approved by the School Board and filed with the Clerk of the Political Subdivision and the appropriate School Board office. b. Agency or participating law enforcement agency: Either the Miami Beach Police Department or the Division of School Police. c. Agency head: Either the Police Chief of the Miami Beach Police Department, or the Police Chief s designee; and the Chief of the Division of School Police, or the Chiefs designee. d. 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, an authorized representative of the agency requiring assistance shall notify an authorized representative of the agency from which such assistance is requested. The authorized agency representative whose assistance is sought shall evaluate the situation and available resources, and will respond in a manner deemed appropriate by that individual. b. Each party to this Agreement agrees to furnish necessary personnel, equipment, facilities, and other resources and to render services to the other 2 :' ,~, , I " . 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, facilities, and other resources and services in rendering such assistance. c. The agency heads, or their designee, shall establish procedures in the joint declaration 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 or equipment provided pursuant to this Agreement to the providing agency. 5. Powers, Privileges, Immunities, and Costs. a. All employees of the participating police departments, 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 employing law enforcement agency pursuant to a request for aid made in accordance with 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 in the jurisdiction in which they are normally employed. b. The Political Subdivision or the School Board having financial responsibility for the law enforcement agency providing services, personnel, equipment, or facilities 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 3 ;.,..,. ;"" maintenance and operation of same. c. The Political Subdivision or the School Board having financial responsibility for the law enforcement agency providing aid pursuant to this Agreement shall compensate all of its employees rendering aid pursuant to this 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 employee. d. All exemption from ordinance 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 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 extraterritorially under the provisions of this Mutual Aid Agreement. The provisions of this Agreement shall apply with equal effect to paid employees and any volunteers. 6. Indemnification: The Political Subdivision or the School Board having financial responsibility for the law enforcement agency providing aid pursuant to this Agreement agrees to hold harmless, defend, and indemnify the requesting law 4 ;, ~ ;-;. enforcement agency and its School Board or Political Subdivision in any suit, action, or claim for damages resulting from any and all acts or conduct of employees of said providing agency while providing aid pursuant to this Agreement, subject to Chapter 768, Florida Statutes, where applicable. 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, 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. This shall occur pursuant to the provisions of the Florida Contraband Forfeiture Act. 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 definitions stated in Chapter 23, Florida Statutes. 9. Effective Date and Duration: This Agreement shall be in effect from date of signing and shall continue in force until either the School Board or participating law enforcement agency gives written notice of cancellation pursuant to paragraph 10. Under no circumstances may this Agreement be renewed, amended, or extended except in writing. 10. Cancellation: This Agreement may be canceled by either party upon sixty (60) days written notice to the other party. Cancellation will be at the discretion of the School Board or chief executive officer of the Political Subdivision. 5 ',' ..-,' 11. Novation: This Agreement shall supercede and replace .any and all prior agreements regarding mutual aid that may have been entered into by the parties. AGREED TO AND ACKNOWLEDGED this 1!.!.. day of Yu tv Go THE SCHOOL BOARD OF MIAMI-DADE COUNTY, FLORIDA -/??rcQ. , Roger C. Cuevas Superintendent of Schools Witness: ~---1~ '1 tlJB 1999\MUTL-AIDIAGREEMN1\MIAMIBCH ,1999. THE CITY OF MIAMI BEACH gio Rodriguez City Manager Witness: Jlkt ~ Approved to Form and Legal Sufficiency: Attorney for the City APPROVED AS TO FORM & LANGUAGE & FOR EXECUTION 6 j4:~ Sf / Jr:.9r; '. .' " .~. r" ' ENCLOSURE "A-2" MUTUAL AID AGREEMENT ,~ I ' MUTUAL AID AGREEMENT Between The City of Miami Beach and The School Board of Miami-Dade County, Florida. BACKGROUND The City of Miami Beach, a political subdivision of the State of Florida, on behalf of the Miami Beach Police Department and The School Board of Miami-Dade County, Florida, on behalf of the Division of School Police, have the authority under Chapter 23, Florida Statutes, Florida Mutual Aid Act to enter into a mutual aid agreement. THE AGREEMENT The City of Miami Beach, ("Political Subdivision") and The School Board of Miami-Dade County, Florida ("School Board"), through the undersigned representatives, in consideration for the 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: 1. Short title: Mutual Aid Agreement. 2. 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, Florida Statutes. 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 police agency heads. Subsequent to execution by the concerned police agency heads, the joint declaration shall " . be filed with the Clerk of the Political Subdivision the appropriate School Board office, and shall thereafter become part of this Agreement. Said declaration may be amended or supplemented at any time by subsequent written declarations approved by the School Board and filed with the Clerk of the Political Subdivision and the appropriate School Board office. b. Agency or participating law enforcement agency: Either the Miami Beach Police Department or the Division of School Police. c. Agency head: Either the Police Chief of the Miami Beach Police Department, or the Police Chief s designee; and the Chief of the Division of School Police, or the Chief s designee. d. 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, an authorized representative of the agency requiring assistance shall notify an authorized representative of the agency from which such assistance is requested. The authorized agency representative whose assistance is sought shall evaluate the situation and available resources, and will respond in a manner deemed appropriate by that individual. b. Each party to this Agreement agrees to furnish necessary personnel, equipment, facilities, and other resources and to render services to the other 2 ,~ " , 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, facilities, and other resources and services in rendering such assistance. c. The agency heads, or their designee, shall establish procedures in the joint declaration 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 or equipment provided pursuant to this Agreement to the providing agency. 5. Powers, Privileges, Immunities, and Costs. a. All employees of the participating police departments, 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 employing law enforcement agency pursuant to a request for aid made in accordance with 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 in the jurisdiction in which they are normally employed. b. The Political Subdivision or the School Board having financial responsibility for the law enforcement agency providing services, personnel, equipment, or facilities 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 3 t ,I maintenance and operation of same. c. The Political Subdivision or the School Board having ftnancial responsibility for the law enforcement agency providing aid pursuant to this Ag~eement shall compensate all of its employees rendering aid pursuant to this 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 beneftts normally due such employee. d. All exemption from ordinance and rules, and all pension, insurance, relief, disability, workers' compensation, salary, death, and other beneftts which apply to the activity of such officers, agents, or employees of any such agency when perfonning 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 extraterritorially under the provisions of this Mutual Aid Agreement. The provisions of this Agreement shall apply with equal effect to paid employees and any volunteers. 6. Indemniftcation: The Political Subdivision or the School Board having ftnancial responsibility for the law enforcement agency providing aid pursuant to this Agreement agrees to hold harmless, defend, and indemnify the requesting law 4 ; ,I enforcement agency and its School Board or Political Subdivision in any suit, action, or claim for damages resulting from any and all acts or conduct of employees of said providing agency while providing aid pursuant to this Agreement, subject to Chapter 768, Florida Statutes, where applicable. 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, 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. This shall occur pursuant to the provisions of the Florida Contraband Forfeiture Act. 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 defInitions stated in Chapter 23, Florida Statutes. 9. Effective Date and Duration: This Agreement shall be in effect from date of signing and shall continue in force until either the School Board or participating law enforcement agency gives written notice of cancellation pursuant to paragraph 10. Under no circumstances may this Agreement be renewed, amended, or extended except in writing. 10. Cancellation: This Agreement may be canceled by either party upon sixty (60) days written notice to the other party. Cancellation will be at the discretion of the School Board or chief executive officer of the Political Subdivision. 5 , . .' .. II. Novation: This Agreement shall supercede and replace any and all prior agreements regarding mutual aid that may have been entered into by the parties. AGREED TO AND ACKNOWLEDGED this ~ day of TV( rv6 ,1999. THE SCHOOL BOARD OF MIAMI-DADE COUNTY, FLORIDA ;<r=)C~~- Roger C. Cuevas Superintendent of Schools THE CITY OF MIAMI BEACH ergio Rodriguez City Manager Witness: Witness: ~C-~ .. ~AMO PM-Jv-- Approved a to Form and Legal Sufficiency: Attorney for the City 1:\JB 1999\MUTL.AIDIAGREEMlffiMIAMIBCH APPROVED AS TO FORM & LANGUAGE & FOR EXECUTION 6 ~~ ity NlorM<f ~ ; .. ENCLOSURE "B-1" JOINT DECLARATION . ., JOINT DECLARATION OF THE POLICE CHIEF OF THE MIAMI BEACH POLICE DEPARTMENT AND THE CHIEF OF THE DIVISION OF SCHOOL POLICE PURSUANT TO MUTUAL AID AGREEMENT A deputy sheriff or police officer of either of the participating law enforcement agencies shall be considered to 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 law enforcement agency. In compliance with and under the authority of the Mutual Aid Agreement heretofore entered into by The School Board of Miami-Dade County, Florida and The City of Miami Beach, it is hereby declared that the following 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 needs dictate by subsequent written declarations approved by the School Board and executed by the parties. 1. The participating law enforcement agencies agree that the Division of School Police shall have continuing police authority to respond to those law enforcement incidents involving only school students and School Board employees. This police authority shall be exercised in connection with incidents that occur on roadways and property adjacent to and abutting School Board property, and incidents that occur in plain view of a police officer within 1,000 feet of school property. Plain view shall mean a continuous line of visible sight, and shall not be used to extend the continuing police authority beyond School Board property to explore in search of any incident. 2. The participating law enforcement agencies agree that the Division of School Police shall have continuing police authority to enforce all of the traffic laws of the state within the jurisdiction established in paragraph 1 above. 3. The participating law enforcement agencies agree that the Division of School Police shall have continuing police authority to respond to law enforcement incidents at all school-related events involving school students and School Board employees occurring at property or facilities located outside the established jurisdiction above which are under the guidance, supervision, regulation, or control of the School Board, and upon prior approval of the Chief of Police or the Chief s designee. 4. The participating law enforcement agencies agree that the Division of School Police may provide assistance upon request of a participating law enforcement agency and approval of the Chief of Police or the Chiefs designee only in response to incidents involving school students and School Board employees. 5. The participating law enforcement agencies agree that the Division of School Police shall have no other police authority in connection with property or facilities not owned or controlled by the School Board except in emergency situations (occurring within the established jurisdiction set forth in paragraph #1 above) that involve school students, School Board employees or any law enforcement. officer. Emergency situations shall mean those situations that present imminent threats of bodily injury to school students, School Board employees or any law enforcement officer. The following procedures will apply in Mutual aid operations: 1. Mutual aid requested or rendered will be approved by the Police Chief of Miami Beach and Chief of School Police or their designee. 2. Specific reporting instructions for personnel rendering mutual aid should be included in the request for mutual aid. Communications instructions will be included in each request for mutual aid, '!Illd the requesting agency's Communications Bureau will maintain radio contact with the involved agencies until the mutual aid situation has ended. AGREED TO AND ACKNOWLEDGED this q t, day of ~f..\ rvG 3. ,1999. DlV SI N OF SCHOOL POLICE MIAMI BEACH POLICE DEPARTMENT " -1VC--- Name: Richard Barreto Title: Police Chief .-- ~c.;))~. Roger C. Cuevas, Superintendent Miami-Dade County Public Schools ~YP~ Clerk I,\JB 1999\MUTI.-AIDIOECLARTN\MIAMIBCH APPROVED />5 TO FORM & LANGUAGE & FOR EXECUTION 2 -1tI *- City Altomey 11'J/~ Di:rle .:' ; " " ' ENCLOSURE "B-2" JOINT DECLARATION . , ; ,. JOINT DECLARATION OF THE POLICE CHIEF OF mE MIAMI BEACH POLICE DEPARTMENT AND THE CHIEF OF THE DMSION OF SCHOOL POLICE PURSUANT TO MUTUAL AID AGREEMENT A deputy sheriff or police officer of either of the participating law enforcement agencies shall be considered to 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 law enforcement agency. In compliance with and under the authority of the Mutual Aid Agreement heretofore entered into by The School Board of Miami-Dade County, Florida and The City of Miami Beach, it is hereby declared that the following 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 needs dictate by subsequent written declarations approved by the School Board and executed by the parties. I. The participating law enforcement agencies agree that the Division of School Police shall have continuing police authority to respond to those law enforcement incidents involving only school students and School Board employees. This police authority shall be exercised in connection with incidents that occur on roadways and property adjacent to and abutting School Board property, and incidents that occur in plain view ofa police officer within 1,000 feet of school property. Plain view shall mean a continuous line of visible sight, and shall not be used to extend the continuing police authority beyond School Board property to explore in search of any incident. 2. The participating law enforcement agencies agree that the Division of School Police shall have continuing police authority to enforce all of the traffic laws of the state within the jurisdiction established in paragraph I above. 3. The participating law enforcement agencies agree that the Division of School Police shall have continuing police authority to respond to law enforcement incidents at all school-related events involving school students and School Board employees occurring at property or facilities located outside the established jurisdiction above which are under the guidance, supervision, regulation, or control of the School Board, and upon prior approval of the Chief of Police or the Chief s designee. 4. The participating law enforcement agencies agree that the Division of School Police may provide assistance upon request of a participating law enforcement agency and approval of the Chief of Police or the Chief s designee only in response to incidents involving school students and School Board employees. .." '" . . 5. The participating law enforcement agencies agree that the Division of School Police shall have no other police authority in connection with property or facilities not owned or controlled by the School Board except in emergency situations (occurring within the established jurisdiction set forth in paragraph # I above) that .involve school students, School Board employees or any law enforcement officer. Emergency situations shall mean those situations that present imminent threats of bodily injury to school students, School Board employees or any law enforcement officer. The following procedures will apply in Mutual aid operations: I. Mutual aid requested or rendered will be approved by the Police Chief of Miami Beach and Chief of School Police or their designee. 2. Specific reporting instructions for personnel rendering mutual aid should be included in the request for mutual aid. Communications instructions will be included in each request for mutual aid, and the requesting agency's Communications Bureau will maintain radio contact with the involved agencies until the mutual aid situation has ended. AGREED TO AND ACKNOWLEDGED this ~ day of JU /Ve" 3. , 1999. MIAMI BEACH POLICE DEPARTMENT /2~~ ~ ~"'~-- Name: Richard Barreto Title: Police Chief ATTEST: Roger C. Cuevas, Superintendent Miami-Dade County Public Schools APPROVED t-S TO FORM & lANGUAGE & FOR EXECUTION I:VB 1999\MUTL-AID\DECLARTN\MlAMlBCH 2 idill:!' ~ .. " ,~ ... . ENCLOSURE "C" MIAMI-DADE COUNTY PUBLIC SCHOOLS STANDARD OPERATING PROCEDURES MIAMI-DADE COUNTY PUBLIC SCHOOLS ; DIVISION OF SCHOOL POLICE STANDARD OPERATING PROCEDURES SUBJECf: S.0.P.#23 MlITUAL AID AGREEMENT Issue Date 4/1/99 Effective Date 4/1/99 I. PURPOSE The purpose of this Standard Operating Procedures is to establish internal guidelines and policies for governing school-police operations under mutual aid agreements entered into between the Division of School Police and other law enforcement agencies. II. PROCEDURES A. Mutual aid requested or rendered will be approved by the Chief of Police or Designee. B. Specific reporting instructions for personnel rendering mutual aid will be included in the request for mutual aid. C. Communications instructions will be included in each request for mutual aid, and the requesting agency's Communications Bureau will maintain radio contact with the involved agencies until the mutual-aid situation has ended. t D. Officers of the Division of School Police will only respond to school-related incidents that occur on roadways and property adjacent to and abutting School Board property and incidents that occur in plain view of a police officer within 1,000 feet of school property. The following guidelines will be adhered to: 1. Absent emergency situations, as defined in the Ioint Declaration, and prior to any police action pursuant to a request from another law enforcement agency, a supervisor from the appropriate jurisdiction will be notified immediately in order to enact the Mutual Aid Agreement 23-1 "... .. , . S.O.P. #23 7. 8. MUTUAL AID AGREEMENT 2. Region Captains will be responsible for ensuring compliance with the terms of the Mutual Aid Agreement. 3. The affected officer will notify a supervisor who will be responsible for notifying the Region Captain. 4. Any incident occuning in the established jurisdiction shall be documente~ on the appropriate police report. 5. The appropriate school-site Administrator will be notified when incidents occur within the established jurisdiction involving school students, staff and/or property. 6. Officers will not be involved in incidents within the established jurisdiction that do not involve school students, staff or property unless directed by the Chief or designee. Officers will not be involved in incidents occurring within 1,000 ft. of school property that are not in a continuous line of visible sight within the established jurisdiction. Officers will conduct themselves in compliance with the Law Enforcement Code of Ethics and will abide by all Departmental Policies and School Board Rules. " E. The Division of School Police shall have continuing police authority to enforce all of the traffic laws of the state within the established jurisdiction, in accordance with S.O.P. # 20. 1. Officers will not engage in vehicle pursuits unless the pursuit meets the criteria of the established Departmental procedures (Forcible Fleeing Felon). 2. Field Supervisors will be responsible for monitoring enforcement activities within guidelines set forth herein. 3. Officers will not engage in traffic enforcement outside the established jurisdiction. 23-2 ..-.... .' S.O.P. #23 MUTUAL AID AGREEMENT III. ADHERENCE TO PROCEDURE: DISCIPLINARY ACTION Any violation of these procedures set forth will result in disciplinary action including, but not limited to, reprimand, suspension and termination. at the direction of the Chief of Police or designee in accordance with the Contract between the Miami-Dade County Public Schools and the Teamsters Local Union No.769. I 23-3