Res. No. 013-97-9984RESOLUTION NO.13-97-9984
A RESOLUTION OF THE MAYOR AND CITY COMMISSION
OF THE CITY OF SOUTH MIAMI AUTHORIZING THE
CITY MANAGER TO ENTER INTO MUTUAL AID
AGREEMENT,IN A FORM ACCEPTABLE TO THE CITY
ATTORNEY,WITH THE DADE COUNTY SCHOOL BOARD
POLICE,ON BEHALF OF THE CJTY OF SOUTH MIAMI
POLICE DEPARTMENT PURSUANT TO SECTION
23.1225(3),FLORIDA STATUTES.
WHEREAS,Chapter 23,Florida Statutes,the Florida
Mutual Aid Act,was recently amended requiring the
authorization bythe governing body ofthe municipality
before a Mutual Aid Agreement may be entered into by the
Mayororthechiefexecutiveofficerofthe municipality on
behalf of a law enforcement agency;and
WHEREAS,there is the existing and continuing
possibility ofthe occurrence oflaw enforcement problems
and other natural and man-made conditions which are or are
likely tobe beyond thecontroloftheservices,personnel,
equipmentorfacilitiesoftheCityofSouthMiamiand/or
the Dade County School Board Police;and
WHEREAS,to rpeet the responsibility of the respective
governments to ensure thepublic safety of their citizens by
providing adequate levelsofpoliceservices,preparation
must be ensured to protect the public peace and safety and
to preserve thelivesand property ofthe people inthe
jurisdiction oftheCityofSouthMiami and/or theDade
County School Board Police;
NOW,THEREFORE,BE IT RESOLVED BY THE COMMISSION OF THE
CITY OF SOUTH MIAMI,FLORIDA:
Section 1.The recitals and findings contained in the
Preamble to this Resolution are hereby adopted by reference
thereto and incorporated herein asis fully set forth in
this Section.
Section 2.The City Manager of the City of South
Miami,be,and hereby is,authorized to enter into a Mutual
Aid Agreement ina form acceptable tothe City Attorney,
with the Dade County School Board Police on behalf ofthe
City of South Miami Police Department pursuant to Section
23.1225(3),Florida Statutes.
Section 3.This Resolution shall become effective
immediately upon its adoption.
PASSED AND ADOPTED this 21st day of January ,1997.
APPROVED:
*VICE-MAYOR
ATTEST:
CITY CLERK
READ AND APPROVED AS TO FORM:
CITY ATTORNEY
Page 2ofRes.#13-97-9984
COMMISSION VOTE:
Mayor Cunningham:
Vice Mayor Robai na:
Commissioner Price:
Commissioner Bethel
Commissioner Young:
4-0
Not present
Yea
Yea
Yea
Yea
MUTUAL AID AGREEMENT
BetweenTheSchoolBoard of DadeCounty,Florida
andtheCity of South Miami,Florida
&9P
Whereas,itisthe responsibility of the government of Metropolitan Dade County and the
participating Dade County municipalities to ensure the public safety of their citizens by providing
adequate levels of police services to address any foreseeable routine or emergency situation;and
Whereas,there exist the continuing possibility ofthe occurrence of law enforcement problems
and other natural and man-made conditions which are,orare likely tobe,beyond the control ofthe
services of The Division of School Police or the participating municipal police department;and
Whereas,i:is the desire of the parties to ensure that preparation by these police departments
will be adequate to address anyand all of these conditions,to protect the public peace and safety,
and to preserve the lives and property of the people of Dade County and the participating
municipality;and
Whereas,TheSchoolBoardofDade County,FloridaandtheCity of SouthMiami,Florida,
haveauthorityunderChapter23,Florida Statutes,FloridaMutualAidAct,toenterintoamutualaid
agreement;
NOW,THEREFORE,BEIT KNOWN that The School Board of Dade County,Florida and
the City of South Miami,Florida in consideration for mutual promises to render valuable aidin times
of necessity,do hereby agree to fully and faithfully abide byandbe bound bythe following terms and
conditions:
1.Short Title:Mutual Aid Agreement
2.Description:This Mutual Aid Agreement provides for the requesting and rendering of
assistance forboth routine andlaw enforcement intensive situations.This Mutual Aid
Agreement combines the elements ofboth voluntary cooperation agreement and a requested
operational assistance agreement,as described in Chapter 23,Florida Statutes.
3.Definitions:
a.JointDeclaration:Adocumentwhichenumeratesthevariousconditionsorsituations
where aid may be requested orrendered pursuant to this Agreement as determined by
concerned agency heads.Subsequent to execution by the concerned agency heads,
the Joint Declaration shall be filed with the clerks ofthe respective governing agencies
and shall thereafter become part of this Agreement.The Joint Declaration may be
amended or supplemented at any time by the police chiefs by filing subsequent fully
executed declarations withthe clerks ofthe governing agencies.
b.Agency or participating Law Enforcement Agency:Eitherthe Division of School
Police ortheSouth Miami Police Department.
c.AgencyHead:EithertheChiefoftheDivision of SchoolPolice,orthe Chiefs
designee;and the Chief of Police of the City of South Miami,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 ofthe governing body ofthat municipality.
e.Certified Law Enforcement Employee:Anylaw enforcement employee certified as
provided in Chapter 943,FloridaStatutes.
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 ofPolice or designee ofthe police department
requiring assistance shall notify theChiefof 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,andother resources andtorender services asstatedintheJoint Declaration
and to assist the requesting party in addressing the situation which caused the request;
provided,however,that no party shall be required to deplete unreasonably it's own
personnel,equipment,facilities and other resources and service in rendering such
assistance.
c.The Agency Heads ofthe Participating Law Enforcement Agencies,ortheir designees,
shall determine how to;(1.)give control of the 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 tothe requesting agency.
5.Powers,Privileges,Immunities,andCosts:
a.All employees ofthe Participating Law Enforcement Agencies,including certified law
enforcement employees as defined in Chapter 943,Florida Statutes,during such time
thatsaid employees are actually providing aid outside ofthejurisdictional limits of the
employing agency pursuant toa request made in accordance with this Agreement,
shall,pursuant to the provisions of Chapter 23,Florida Statutes,have the same power,
duties,rights,privileges,and immunities asif they were performing their duties in the
jurisdictional limitsin which theyare normally employed.
b.The party having financial responsibility forthe Participating Law Enforcement
Agencyproviding services,personnel,equipment,or facilities pursuanttothis
Agreement shallbear any loss or damage tosameandshallpayanyandall expenses
incurredinthe maintenance and operation of same.
c.Thepartyhaving financial responsibility forthe Participating Law Enforcement
Agency providing aid pursuant tothis Agreement shall compensate allofits employees
duringthetime of the rendering ofsuchaidandshalldefraytheactualtraveland
maintenanceexpensesofsuch employees whiletheyarerenderingsuchaid.Such
compensation shall include any amounts paidorduefor compensation dueto personal
injuryordeathwhilesuch employees areengagedinrenderingsuchaid.Such
compensation shallalsoincludeallbenefitsnormallyduesuchemployees.
c.All exemption fromordinanceandrules,andallpension,insurance,relief,disability,
worker's compensation,salary,death,andotherbenefitswhichapplytotheactivity
of suchofficers,agents,oremployees of anysuchagencywhenpreformingtheir
respectivefunctionswithinthejurisdictionallimits of theirrespectiveagenciesshall
applytothemonthesamedegree,manner,andextentwhileengagedinthe
performance oftheir functions anddutiesextraterritoriallyundertheprovisions ofthis
Agreement.Theprovisions ofthisAgreementshallapplytoeachpartiesparticipating
personnel.
Indemnification:SubjecttoChapter768,FloridaStatutesThepartyhavingfinancial
responsibilityfortheParticipatingLawEnforcementAgencyprovidingaidpursuanttothis
Agreement agrees to hold harmless,defend,and indemnify the requesting party while
providing aid pursuant tothis Agreement.
9.
10.
Forfeitures:Itis 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 seized and forfeited shall be equitably distributed among the
participating agencies in proportion to the amount of investigation and participation
performed byeach agency as determined by the agency heads.This shall apportionment occur
pursuant tothe provisions of the Florida Contraband Forfeiture Act.
Conflicts:Any conflicts between this Agreement and Chapter 23 Florida Statutes,Florida
Mutual AidActwillbe governed bythe provisions oftheAct.
Effective Date and Duration:This Agreement shall become effective from date of signing
through and including,January 1,2000.Under no circumstance may this Agreement be
renewed,amended,or extended except in writing and signed bythe parties.
Cancellation:This Agreement may be canceled by either party upon sixty (60)days written
noticetotheotherparty.
Signed as of the day of _,1997.
City Manager Chair,School Board of DadeCounty,Florida
City Clerk _„-'A'/f7 Superintendent of Schools
APPROVED AS TO FORM APPROVED AS TO FORM
S-~7 /u_
City Attorney School Board Attorney
JOINT DECLARATION OF THE CHIEF OF THE DIVISION OF SCHOOL POLICE AND
THE CHIEF OF THE SOUTH MIAMI POLICE DEPARTMENT PURSUANT TO MUTUAL
AGREEMENTS.
Apolice officer ofeitherofthe participating law enforcement agenciesshallbe considered
tobe operating underthe provisions ofthe mutual aid agreement when:
•participating inlaw enforcement activities thatare preplanned and approved by each
respective agencyhead,or
•appropriatelydispatchedin response toarequestforassistancefromtheotherlaw
enforcement agency.
In compliance withandunderthe authority ofthe Mutual AidAgreement heretofore entered
intobytheCity of SouthMiamiandthe School Boardof Dade County,Florida,itis hereby declared
thatthe following list comprises the circumstances and conditions undermutualaidmaybe
requestedand rendered regarding police operations pursuant tothe agreement.Saidlistmaybe
amended or supplemented formtimetotimeasneeds dictate bysubsequent declaration.
1.ConcurrentpolicepowersforDadeCountyPublicSchoolsandenforcelawsinan
areawithin1,000feet of SchoolBoardproperty.
2.Joint multi jurisdictional criminalinvestigations.
3.Civilaffrayordisobedience,disturbances,riots,largeprotestdemonstrations,
controversialtrials,politicalconventions,labordisputes,andstrikes.
4.Any natural disaster.
5.Incidents which require rescueoperationsandcrowdand traffic controlmeasures
including,butnotlimitedto,large-scale evacuations,aircraft andshipping
disasters,fires,explosions,gaslineleaks,radiologicalincidents,trainwrecksand
derailments,chemicalorhazardouswastespills,andelectricalpowerfailures.
6.Control of majorcrimescenes,areasearches,perimeter control,back-upsto
emergency and in-progress calls,pursuits,and missing person calls.
7.Transportation of evidence requiringsecurity.
8.Major events;e.g.,sporting events,concerts,parades,fairs,festivals,and
conventions.
9.Security and escort duties for dignitaries.
10.Emergency situations inwhichoneagency cannot perform its functional
objective.
11.Incidents requiring utilization of specialized units;e.g.,underwater recovery,
aircraft,canine,motorcycle,bomb,crime scene,marine patrol,and police
information.
12.Jointtraininginareas of mutualneed.
The following procedures will apply in mutual aid operations:
1.MutualaidrequestedorrenderedwillbeapprovedbytheDirector/Chief of Police
or designee.
2.Specificreporting instructions forpersonnelrenderingmutualaidshouldbe
includedintherequestformutualaid.Intheabsence of suchinstructions,
personnelwillreporttotherankingon-dutysupervisoronthescene.
3.Communicationsinstructionswillbeincludedineachrequestformutualaidand
theSouthMiamiPolice Department Communications Bureauwillmaintain
radiocontactwiththeinvolvedagenciesuntilthemutualaidsituationhasended.
4.Incidents requiring mass processing or arrests,transporting prisoners,and
operatingtemporarydetention facilities willbehandledperestablished
procedures.
Vivian C.Howell,Chief
Division of School Police
ATTEST
School Board Clerk
Date pe/P.Hernaftdez,CWei^yx^uare
Cityof South Miami Police Department
ATTEST
City Clerk x /,/City
KM