HomeMy WebLinkAboutR-98-0643J-98-680
6/19/98
RESOLUTION NO. 9 8" 643
A RESOLUTION, WITH ATTACHMENT, AUTHORIZING THE
CITY MANAGER TO EXECUTE A MUTUAL AID AGREEMENT,
IN SUBSTANTIALLY THE ATTACHED FORM, BETWEEN THE
CITY OF MIAMI AND THE SCHOOL BOARD OF MIAMI-DADE
COUNTY FOR THE PURPOSE OF RENDERING MUTUAL AID
FOR LAW ENFORCEMENT.
WHEREAS, there exists the continuing possibility of the occurrence of law
enforcement problems which are or are likely to be beyond the control of the services,
personnel, equipment, or facilities of the City of Miami Police Department and/or the
participating law enforcement departments; and
WHEREAS, to meet the responsibility of the respective governments to ensure the
public safety and peace for the citizens of their communities, it is necessary for the various
participating governmental agencies to execute a Mutual Aid Agreement between
themselves and the City of Miami; and
WHEREAS, Section 23.1225(3) of the Florida Statutes requires that authorization
for entering into Mutual Aid Agreements must first be approved by the municipality;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF
MIAMI, FLORIDA:
Section 1. The recitals and findings contained in the Preamble to this Resolution
CONTAINED
CITY COi1OUSSION
MEETING OF
J U N 2 3 1998
B"Olufim NO,
98- 643
ATTEST:
WALTER J. FOEMAN
CITY CLERK
FO
ELLO
.Y
W2684:csk:MJC
are hereby adopted by reference thereto and incorporated herein as if fully set forth in this
Section.
Section 2. The City Manager is hereby authorized to execute a Mutual Aid
Agreement, in substantially the attached form, between the City of Miami and the School
Board of Miami -Dade County for the purpose of rendering mutual aid for law enforcement.
Section 3. This Resolution shall become effective immediately upon its adoption
and signature of the mayor.'
PASSED AND ADOPTED this 23rd day of June , 1998.
JOE CAROLLO, MAYOR
In accordance with Miami Code Sec. 2-36, since the Mayor did not indicate appmvej of
this legislation by signing it in the designated place provided, slid legilsiz tern mmnj
becomes effective with the elapse of ten (10) days fromthe date of Ccmn-jis[�`' n &cticc• ;
regarding saree, without the Mayor exercising_".,ve n
City Clerk
AND CORRECTNESS:/
a
' If the mayor does not sign this Resolution, it shall become effective at the end of ten calendar days from the
date it was passed and adopted. If the mayor vetoes this Resolution, it shall not be effective unless the City
Commission overrides the veto.
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MUTUAL AID AGREEMENT
THIS AGREEMENT is entered into on , by and between the City of Miami ("City")
and The School Board of Dade City, Florida, on behalf of the Division of School Police ("School Police"); the
City and School Police are hereinafter collectively referred to a§Law EnforcementAgencies."
WITNESSETH
WHEREAS, the subscribing Law Enforcement Agencies are so located in relation to each other that
it is to the advantage of each to receive and extend mutual aid in the form of law enforcement services and
resources to adequately respond to:
(1) Continuing, multijurisdictional routine law enforcement problems occurring on or
about school district property, involving school students, personnel and property, so
as to protect the public peace and safety, and preserve the lives and property
of the people; and
(2) Law Enforcement Intensive situations involving school students, personnel and property
including, but not limited to emergencies as defined under Section 252.34, Florida Statutes;
and
WHEREAS, the subscribing Law Enforcement Agencies have the authority under Section 23.1225,
Florida Statutes, The Florida Mutual Aid Act, to enter into a combined mutual aid agreement for law
enforcement service which:
(1) Permits voluntary cooperation and assistance of a routine law enforcement nature
across jurisdictional lines; and
(2) Provides for rendering of operational assistance in a law enforcement emergency
as defined in Section 252.34, Florida Statutes.
NOW, THEREFORE, THE LAW ENFORCEMENT AGENCIES AGREE AS FOLLOWS:
SECTION I: PROVISIONS FOR VOLUNTARY COOPERATION
A. The subscribing Law Enforcement Agencies may request and render routine law
enforcement assistance to the other across jurisdictional lines in dealing with any violations of Florida
Statutes occurring on or about school district property involving school students and personnel. The
assistance shall be related to incidents which occur on or about school property and may include but not
necessarily be limited to assisting in investigations, homicides, sex offenses, robberies, assaults, burglaries,
larcenies, gambling, motor vehicle thefts, controlled substance violations pursuant to Chapter 893, Florida
Statutes, backup services during patrol activities, and interagency task forces and/or joint investigations.
B. The subscribing Law Enforcement Agencies agree that the School Police shall have
continuing authority to adequately respond to multijurisdictional law enforcement problems occurring within
1000 feet of a school or school district property that involves school students and personnel.
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SECTION II: PROVISIONS FOR OPERATIONAL ASSISTANCE
The subscribing Law Enforcement Agencies hereby approve and enter into this Agreement whereby
each of the agencies so represented may request and render assistance in a law enforcement emergency
involving school related disturbances and demonstrations, natural or man-made disasters, school sporting
events, graduations, school related parades, field trips and investigations, and incidents requiring the
utilization of School Police specialized units.
SECTION III: PROCEDURE FOR REQUESTING ASSISTANCE
In the event that an agency is in need of assistance as set forth above, such agency shall notify the
agency from which such assistance is required. The Agency Head or his/her authorized designee whose
assistance is sought shall evaluate the situation and his/her available resources and will respond in a manner
he/she deems appropriate.
The Agency Head 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 verbally or in writing as the particular situation
dictates.
SECTION IV: COMMAND AND SUPERVISORY RESPONSIBILITY
The Agency Head or his/her designee of the agency requesting assistance shall establish the mission
definition and supervisory control of departmental personnel and equipment; however, the personnel and
equipment that are assigned by the assisting Agency Head shall be under the immediate command of a
supervising officer designated by the assisting Agency Head. Such supervising officer shall be under the
direct supervision and command of the Agency Head or his/her designee of the Agency requesting assistance.
A. CONFLICTS
Whenever a Law Enforcement Offer is rendering assistance pursuant to this Agreement, the Law
Enforcement 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 and standard operating procedure is contradicted, contravened or otherwise, in conflict
with a direct order of a superior officer of the requesting Agency, then such rule, regulation, policy, general
order or procedures shall control and shall supersede the direct order.
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B. HANDLING COMPLAINTS
Whenever there is cause to believe that a complaint has arisen as a result of a cooperative effort as it
may pertain to this Agreement, the Agency Head or his/her designee of the requesting agency shall be
responsible for the documentation of said complaint to ascertain at a minimum:
The identity of the complainant.
2. An address where the complaining agency can be contacted.
3. The specific allegation.
4. The identity of the employees accused without regard to agency affiliation.
If it is determined that the accused is an employee of the assisting agency, the above information with
all pertinent documentation gathered during the receipt and processing of the complaint shall be forwarded
without delay to the Agency Head or his/her designee of the assisting agency for administrative review. The
requesting 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 agency violated any of their agency's policies
and procedures.
SECTION V: LIABILITY
Each agency engaging in any mutual cooperation and assistance, pursuant to this Agreement, agrees
to assume responsibility for the acts, omissions, or conduct of such agency's employees while engaged in
rendering such aid pursuant to this Agreement, subject to the provisions of Section 768.28, Florida Statutes,
where applicable.
SECTION VI: LIABILITY INSURANCE
Each agency shall provide satisfactory proof of liability insurance by one or more of the means
specified in Section 768.28(15)(a), Florida Statutes, in an amount which is, in the judgment of the governing
body of that agency, at least adequate to cover the risk to which that party may be exposed.
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SECTION VIE: POWERS PRIVILEGES, IMMUNITIES AND COSTS
A. Employees of each subscribing Law Enforcement Agency, when actually engaging in mutual
cooperation and assistance outside their jurisdictional limits, but inside the State of Florida, under the terms
of this Agreement, shall, pursuant to the provisions of Section 23.127(1), Florida Statutes, 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 agency agrees to furnish necessary personnel, equipment, resources and facilities and
to render services to the other agency to this Agreement as set forth above; provided, however, that no agency
shall be required to deplete unreasonably its own personnel, equipment, resources, facilities, and services in
furnishing such mutual aid.
C. A subscribing Law Enforcement Agency that furnishes equipment pursuant to this part 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. A subscribing Law Enforcement Agency furnishing aid pursuant to this section shall
compensate its 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
assistance.
E. The privileges and immunities from liability, exemption from laws, ordinances and rules,
and all pension, insurance, relief, disability, workers' compensation, salary, death and other benefits that
apply to the activity of an employee of an agency when performing the employee's duties within the territorial
limits of the employee's 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 Mutual Aid
Agreement. The provisions of this section shall apply with equal effect to paid, volunteer, auxiliary, and
reserve employees.
F. Nothing in this Agreement is intended or is to be construed as any transfer or contracting
away of the powers or functions of one party to the other.
SECTION VIII: FORFEITURE PROVISIONS
A. In the event an agency seizes any real property, vessel, motor vehicle, aircraft, currency or
other property pursuant to the Florida Contraband Forfeiture Act during the performance of this Agreement,
the agency requesting assistance in the case of requested operational assistance and the seizing agency in the
case of voluntary cooperation shall be responsible for maintaining any forfeiture action pursuant to Chapter
932, Florida Statutes. The agency pursuing the forfeiture action shall have the exclusive right to control the
responsibility to maintain the property in accordance with Chapter 932, Florida Statutes, to include, but not
be limited to, the complete discretion to bring the action or dismiss the action.
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