Mutual Aid Agreement with the Schoolboard of Miami-Dade County, Florida Z.° 3ay63
VOLUNTARY COOPERATION AND OPERATIONAL ASSISTANCE
MUTUAL AID AGREEMENT
BETWEEN THE SCHOOL_B_OARD OF MIAMI-DADE CO UNTIE';FLORIDA
AND
THE CITY OF MIAMI BEACH, FLORIDA
This Voluntary Cooperation and Operational Assistance Mutual Aid Agreement
("Cooperation Agreement") is made as of this day of A(C k\ , 2019("Effective
Date"), by and between the CITY OF MIAMI BEACH, FLORIDA, a municipal corporation having
its principal office at 1700 Convention Center Drive, Miami Beach, Florida 33139, by and through
its police department, City of Miami Beach Police Department ("MBPD") and the SCHOOL
BOARD OF MIAMI-DADE COUNTY, FLORIDA ("School Board"), having its principal office at
3300 NW 27 Avenue, Miami, FL 33142 by and through its police department, Miami-Dade Schools
Police Department ("MDSPD"), state as follows:
RECITALS
WHEREAS, the School Board of Miami-Dade County, Florida, and the City of Miami
Beach, Florida, intend to ensure the public safety of their respective citizens and students by
providing adequate levels of police services to address any foreseeable routine or emergency
situation; and
WHEREAS, because of the existing and continuing possibility of the occurrence of law
enforcement situations and other natural and man-made conditions which are, or are likely to be,
beyond the control of the services, personnel, equipment, or facilities of MDSPD or MBPD; and
WHEREAS, in order to ensure that preparation of these law enforcement agencies will be
adequate to address any and all of these conditions, to protect the public peace and safety, and
to preserve the lives and property of the people and students of the School Board of Miami-Dade
County and the City of Miami Beach, Florida, and;
WHEREAS, it is to the advantage of each law enforcement agency to receive and extend
mutual aid in the form of law enforcement services and resources to adequately respond to:
(1) Continuing, multi jurisdiction law enforcement situations, so as to protect the public
peace and safety, and preserve the lives and property of the people; and
(2) Intensive situations including, but not limited to, emergencies as defined under Section
252.34, Florida Statutes, or requests for certain law enforcement services specified
herein and as defined under Section 23.1225, Florida Statutes; and
WHEREAS, the School Board, and the City of Miami Beach, Florida have the voluntary
cooperation and assistance authority under the Florida Mutual Aid Act, Sections 23.12-23.127,
Florida Statutes, to enter into this Cooperation Agreement for law enforcement service which:
(1) Permits voluntary cooperation and operational assistance of a routine law enforcement
nature across jurisdictional lines as allowed under Section 23.1225, Florida Statutes;
and
(2) Provides for rendering of assistance in a law enforcement emergency as defined in
Section 252.34(4), Florida Statutes.
NOW THEREFORE, BE IT KNOWN that the School Board, 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:
SECTION I: PROVISIONS FOR VOLUNTARY COOPERATION
Each of the aforesaid law enforcement agencies hereby approve and enter into this
Cooperation Agreement whereby each of the agencies may request and render law enforcement
assistance to the other in dealing with any violations of Florida Statutes to include, but not
necessarily be limited to, investigating sex offenses, robberies, assaults, batteries, burglaries,
larcenies, gambling, motor vehicle thefts, drug violations pursuant to Chapter 893, Florida
Statutes, backup services during patrol activities, and interagency task forces and/or joint
investigations as set forth pursuant to, and under the authority of Part I of Chapter 23, Florida
Statutes.
SECTION II: PROVISIONS FOR OPERATIONAL ASSISTANCE
The aforesaid law enforcement agencies hereby approve and enter into this Cooperation
Agreement whereby each of the agencies may request and render law enforcement assistance
to the other to include, but not necessarily be limited to dealing with, the following:
1. Joint multi-jurisdictional criminal investigations;
2. Civil affray or disobedience, disturbances, riots, large protest demonstrations and
assemblies, controversial trials, political conventions, labor disputes, and strikes;
3. Any natural disaster;
4. Incidents which require rescue operations and crowd and traffic control measures
including, but not limited to, large-scale evacuations, aircraft and shipping
disasters, fires, explosions, gas line leaks, radiological incidents, train wrecks
and derailments, chemical or hazardous waste spills, and electrical power
failures;
5. Terrorist activities including, but not limited to, acts of sabotage;
6. Escapes from, or disturbances within, prisoner processing facilities;
7. Hostage and barricaded subject situations, and aircraft piracy;
8. Control of major crime scenes, area searches, perimeter control, back-ups to
emergency and in-progress calls, pursuits, and missing person calls;
9. Enemy attack;
10. Transportation of evidence requiring security;
11. Major events, e.g., sporting events, concerts, parades, fairs, festivals, and
conventions;
12. Security and escort duties for dignitaries;
13. Incidents requiring utilization of specialized units; e.g., underwater recovery;
aircraft, canine, motorcycle, bomb, crime scene and police information;
14. Emergency situations in which one agency cannot perform its functional
objective;
15. Joint training in areas of mutual need; and
16. Joint multi-jurisdictional marine interdiction operations.
2
The following procedures will apply in mutual aid operations:
1. Mutual aid requested or rendered will be approved by the respective law
enforcement agency Chief of Police, or his/her designee.
2. Specific reporting instructions for personnel rendering mutual aid will be included
in the request for mutual aid. In the absence of such instructions, personnel will
report to the ranking on-duty supervisor on the scene.
3. Communications instructions will be included in each request for mutual aid and
each law enforcement agency's communications centers will maintain radio
contact with each other until the mutual aid situation has ended.
4. Incidents requiring mass processing of arrestees, transporting prisoners, and
operating temporary detention facilities will be handled per established procedures
of the requesting law enforcement agency, or directors involved.
SECTION III: PROCEDURE FOR REQUESTING ASSISTANCE AND LIMITATIONS OF
ASSISTANCE
In the event that a party to this Cooperation Agreement is in need of assistance as set
forth above, the law enforcement agency Chief of Police or his/her designee, shall notify the law
enforcement agency Chief of Police or his/her designee from whom such assistance is requested.
The law enforcement agency Chief of Police or authorized agency representative whose
assistance is sought shall evaluate the situation and the law enforcement agency's available
resources, consult with his/her supervisors, if necessary, and will respond in a manner he/she
deems appropriate.
The law enforcement agency Chief of Police in whose jurisdiction assistance is being
rendered may determine who is authorized to lend assistance in his/her jurisdiction, for how long
such assistance is authorized and for what purpose such authority is granted. This authority may
be granted either orally, or in writing, as the particular situation dictates.
Should a law enforcement officer be in another subscribed law enforcement agency's
jurisdiction for matters of a routine nature, such as traveling through the area on routine business,
attending a meeting or going to or from work, and a violation of Florida Statutes occurs in the
presence of said law enforcement officer, representing his/her respective law enforcement
agency, HE/SHE SHALL ONLY BE EMPOWERED TO RENDER ENFORCEMENT
ASSISTANCE, AND ACT, IN ACCORDANCE WITH FLORIDA LAW. Should enforcement
assistance be taken, said law enforcement officer shall notify the agency having normal
jurisdiction and upon the latter's arrival, turn the situation over to them and offer any assistance
requested including but not limited to a follow-up written report documenting the event and the
actions taken. This provision so prescribed in this paragraph is not intended to grant general
authority to conduct investigations, serve warrants and/or subpoenas, or to respond without
request to emergencies already being addressed by the agency of normal jurisdiction, but is
intended to address critical, life-threatening or public safety situations, prevent bodily injury to
citizens, or secure apprehension of criminals whom the law enforcement officer may encounter
and/or if such encounter results in a breach of the peace.
The parties acknowledge that the policy of the Florida Mutual Aid Act is to provide a
means to deal with disasters, emergencies, and other major law enforcement situations. This
Cooperation Agreement shall not extend police powers beyond the specific additional authority
granted by the Legislature in Part I of Chapter 23, Florida Statutes, which intent is to assure the
3
continued functioning of law enforcement in times of emergencies or in areas where major law
enforcement efforts were being thwarted by jurisdictional barriers.
SECTION IV: COMMAND AND SUPERVISORY RESPONSIBILITY
The personnel and equipment that are assigned by the assisting law enforcement agency
shall be under the immediate command of a supervising officer designated by the assisting law
enforcement agency. Such supervising officer shall be under the direct supervision and command
of the law enforcement agency Chief of Police or his/her designee of the law enforcement agency
requesting assistance.
SECTION V: CONFLICTS
Whenever an officer is rendering assistance pursuant to this Cooperation Agreement, the
officer shall abide by and be subject to the rules and regulations, personnel policies, general
orders, and standard operating procedures of his/her own employer. If any such rule, regulation,
personnel policy, general order or standard operating procedure is contradicted, contravened or
otherwise in conflict with a direct order of a superior officer of the requesting law enforcement
agency, then such rule, regulation, policy, general order or procedure shall control and shall
supersede the direct order.
SECTION VI: HANDLING COMPLAINTS
Whenever a complaint has been received by the internal affairs unit as a result of a
cooperative effort as it may pertain to this Cooperation Agreement, the Chief of Police or his/her
designee of the requesting law enforcement agency shall be responsible for the documentation
of said complaint to ascertain at a minimum:
1. The identity of the complainant;
2. An address where the complaining party can be contacted;
3. The specific allegation; and
4. The identity of the employee(s) accused without regard as to agency affiliation.
If it is determined that the accused is an employee of the assisting law enforcement
agency, the above information, with all pertinent documentation gathered during the receipt and
processing of the complaint law enforcement shall be forwarded without delay to the appropriate
law enforcement agency for processing. The requesting law enforcement agency may conduct a
review of the complaint to determine if any factual basis for the complaint exists and/or whether
any of the employees of the requesting law enforcement agency violated any of their agency's
policies or procedures.
SECTION VII: LIABILITY
Each party engaging in any mutual cooperation and assistance, pursuant to this
Cooperation Agreement, agrees to assume responsibility for the acts, omissions or conduct of
such party's own employees while engaged in rendering such aid pursuant to this Cooperation
Agreement, subject to the provisions of Section 768.28, Florida Statutes, where applicable.
4
SECTION VIII: POWERS, PRIVILEGES, IMMUNITIES AND EXPENDITURES
(a) Employees of the School Board and the City of Miami Beach, Florida, when
actually engaging in mutual cooperation and assistance outside of their normal jurisdictional limits
but inside the State of Florida, under the terms of this Cooperation Agreement, shall pursuant to
the provisions of Section 23.127(1), Fla. Stat. (as amended) and this Cooperation Agreement,
have 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 agrees to furnish necessary personnel equipment, resources and
facilities and to render services to each other party to this Cooperation Agreement as set forth
above; provided however, that no party shall be required to deplete unreasonably its own
personnel, equipment, resources, facilities, and services in furnishing such mutual aid.
(c) A party that furnishes equipment pursuant to this Cooperation Agreement must
bear the cost of loss or damage to that equipment and must pay any expense incurred in the
operation and maintenance of that equipment.
(d) The law enforcement agency furnishing aid pursuant to this Cooperation
Agreement shall compensate its appointees/employees during the time such aid is rendered and
shall defray the actual travel and maintenance expenses of its employees while they are rendering
such aid, including any amounts paid or due for compensation due to personal injury or death
while such employees are engaged in rendering such aid.
(e) To the extent provided by applicable law, ordinance, or rule, the privileges and
immunities from liability, exemption from laws, ordinances and rules, and all pension, insurance,
relief, disability, worker's compensation, salary, death and other benefits that apply to the activity
of an employee of a law enforcement agency when performing the employee's duties within the
territorial limits of the employee's law enforcement agency apply to the employee to the same
degree, manner, and extent while engaged in the performance of the employee's duties
extraterritorially under the provisions of this Cooperation Agreement. The provisions of this
section shall apply to paid, volunteer, and reserve employees.
(f) Nothing herein shall prevent the requesting law enforcement agency from
requesting supplemental appropriations from the governing authority having budgeting jurisdiction
to reimburse the assisting law enforcement agency for any actual costs or expenses incurred by
the assisting law enforcement agency performing hereunder.
(g) Should the City of Miami Beach, Florida, receive reimbursement for expenditures
from a third party for a mutual aid event covered by this Cooperation Agreement, the School
Board of Miami-Dade County shall be eligible to receive an equitable reimbursement share for
any actual costs or expenses incurred that are directly attributable to the event, provided such
costs and expenses are authorized by the third party for reimbursement purposes.
(h) Should the School Board of Miami-Dade County receive reimbursement for
expenditures from a third party for a mutual aid event covered by this Cooperation Agreement,
the City of Miami Beach, Florida, shall be eligible to receive an equitable reimbursement share
for any actual costs or expenses incurred that are directly attributable to the event, provided such
costs and expenses are authorized by the third party for reimbursement purposes.
(i) The parties acknowledge that the City of Miami Beach, Florida, and the School
Board are authorized to pursue property seized pursuant to the Florida Contraband Forfeiture Act.
5
Each party shall have exclusive authority to initiate and litigate those forfeiture proceedings
originating in its respective jurisdiction under the Florida Contraband Forfeiture Act for any matters
which arise from a mutual aid event that is covered by this Cooperation Agreement. Each
respective party, upon successfully prosecuting a forfeiture action, shall equitably share in those
proceeds seized and forfeited, as acceptable to the Chief of Police of the City of Miami Beach
Police Department and the Chief of Police of the MDSPD.
SECTION IX: INSURANCE
Each party shall provide, upon request, satisfactory proof of liability insurance by one or
more of the means specified in Section 768.28(16)(a), Florida Statutes, in an amount which is, in
the judgment of the governing body of that party, at least adequate to cover the risk to which that
party may be exposed. Should the insurance coverage, however provided, of any party be
canceled or undergo material change, that party shall notify the other party to this agreement of
such change within ten (10) days of receipt of notice or actual knowledge of such change.
SECTION X: EFFECTIVE DATE
This Cooperation Agreement shall take effect upon execution and approval by both parties
and shall continue in full force and effect until December 31, 2021. Under no circumstances may
this agreement be renewed, amended, or extended except upon written agreement of the parties.
SECTION XI: CANCELLATION
Either party may cancel its participation in this Cooperation Agreement at any time upon
delivery of written notice to the other party.
In witness whereof, the,parties hereto cause to these presents to be signed on the date
specified.
AGREED TO AND ACKNOWLEDGED this a g day of 1M 'Nat L4 , 2019.
CITY OF MIAMI BEA - FLORIDA SCHOOL BOARD OF MIAMI-DADE
COUNTY, FLORIDA
DANI L . OA ES - T.) M. CARVALHO
CHIEF of POLICE • 'ERINTENDENT OR DESIGNEE
Date: 7/U�7G Date: 3/`SI[
6
i
1
I_ - --_
JIMMY L. MO';,A LES EDWIN LOPEZ
CITY MANAG - CHIEF OF POLICE
Date: 3 ` 2 ` (ff Date: 03 D l
MIMI
tea ►up, "Ill - I
F
DAN GELB '� RISK MA A',E NT
MAYOR
7 Date: - Date: 3 19
ATTEST: Approved as to Form and Legal Sufficiency:
(as to the School Board)
OA
RA AEL E. ANADO, CITY CLERK SCE!,01_ •SARI ATTORNEY
Date: 3/2c /II Date: ( (oji "!
.....„„,,
, ,,,,, Be,
4....„...................:„ ,
.4,....,. v ....0,, ,,
', ` ,.G APPROVED AS TO
/4 :INCORP CRATED: c 'FORM M &LANGUAGE
: <0 s &FO EXE UTION_ L
.�° 3iiti ce
� ,�'�� 6,H �� C-a---"'L'rAttorney .
„ 11,o,z°' City
7