2009-27111 ResoRESOLUTION NO.
2009-27111
A RESOLUTION OF THE MAYOR AND CITY COMMISSION
OF THE CITY OF MIAMI BEACH, FLORIDA, APPROVING
AND AUTHORIZING THE CHIEF OF POLICE TO EXECUTE A
MEMORANDUM OF UNDERSTANDING FOR THE PURPOSE
OF CONDUCTING JOINT MULTI-JURISDICTIONAL
INVESTIGATIONS PURSUANT TO A MUTUAL AID
AGREEMENT, DATED MARCH 3, 2005
WHEREAS, it is the responsibility of the City of Miami Beach government to
ensure the public safety of its residents by providing a proactive response to violent
crimes, including the crime of robbery; and
WHEREAS, in calendar year 2008, there were 405 robberies reported in the
City of Miami Beach (a decline of 9.60% from 2007), and 142 robberies reported in
the City of Miami Beach from January to May 2009; and
WHEREAS, persons who commit robberies travel at will from one local
jurisdiction to another, and a group of law enforcement professionals from
participating police agencies dedicated to preventing and investigating the violent
crimes specifically the crime of robbery is an effective proactive crime fighting tool;
and
WHEREAS, City of Miami Beach residents will benefit greatly from the Miami
Beach Police Department's participation in a joint multi-jurisdictional investigative
effort led by the Miami Dade Police Department, which has the capability to deploy a
greater number of law enforcement personnel and support to the City of Miami
Beach; and
WHEREAS, the additional resources of this joint multi-jurisdictional
investigative effort should facilitate in preventing robberies and other violent crimes
committed in the City of Miami Beach.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and
City Commission hereby approve and authorize the Chief of Police to execute a
Memorandum of Understanding for the purpose of conducting joint multi-jurisdictional
investigations pursuant to a Mutual Aid Agreement, dated March 3, 2005.
PASSED and ADOPTED this 15th
day of July , 2009.
AYOR
Matti Herrera Bower
A TEST:
CITY CLERK
Robert Parcher
APPROVED AS TO
FORM & LANGUAGE
8 FO CUTION
4i f VL
COMMISSION ITEM SUMMARY
Condensed Title:
A Resolution of the Mayor and City Commission of the City of Miami Beach, Florida, approving and
authorizing the Chief of Police to execute a memorandum of understanding for the purpose of conducting
joint multi-jurisdictional investigations pursuant to a mutual aid agreement dated March 3, 2005.
Ke Intended Vutcome 5u orted:
Maintain the crime rate at or below national trends.
Supporting Data (Surveys, Environmental Scan, etc.): Safety was ranked number one by
esidents as one of the changes that will make Miami Beach a better place; safety across the City was
ne of the most important areas affecting the quality of life; and 78% of residents rated quality of
ervices rovided b Cit Police as excellent or ood.
Issue:
Shall the City Commission adopt the Resolution?
Item Summary/Kecommendation:
The Miami Dade Police Department is the lead agency in a joint multi-jurisdictional investigative effort
to curb the violent crime specifically robberies. This multi-jurisdictional effort is comprised of several
local police agencies. These agency personnel have been effective in investigating and apprehending
persons involved in robberies. In calendar year 2008, there were 405 robberies reported in the City of
Miami Beach, a decline of 9.60% from 2007, and 142 robberies reported in the City of Miami Beach
from January to April 2009.
As a result of these robberies occurring in the City of Miami Beach, there is a need to participate in this
joint multi-jurisdictional effort. Since persons who commit robberies travel at will from one local
jurisdiction to another; a group of dedicated law enforcement personnel to preventing and investigating
violent crimes specifically the crime of robbery is an effective crime fighting tool. Therefore, it is
advantageous for the residents of the City of Miami Beach, and the Miami Beach Police Department to
participate in this effort. To participate in this joint multi-jurisdictional effort it is recommended that the
Miami Beach Police Department execute the Memorandum of Understanding with the Miami Dade Police
Department.
~\
Advisory Board Recommendation:
Financial Information:
Source of Amount Account
Funds: ~
2
3
OBPI Total
Financial Impact Summary:
NA
Cit Clerk's Office Le islatiye Trackin
Michael Gruen, Manager;f'~._.__----
Planning and Research Section
Sign-Offs:
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Department Director Assistant City Manager City Manager
Carlos E. Noriega, Chief ^`'~,., `~ ,`=:_,,
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AGENDA ITEM C7/~
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City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov
COMMISSION MEMORANDUM
TO: Mayor Matti Herrera Bower and Members of the City Commission
FROM: Jorge M. Gonzalez, City Manager ` ~ ~-~- -- ~'
'~~
DATE: July 15, 2009 ~~ ~°
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SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, AUTHORIZING THE CHIEF OF
POLICE TO EXECUTE A MEMORANDUM OF
UNDERSTANDING FOR THE PURPOSE OF CONDUCTING JOINT
MULTI-JURISDICTIONAL INVESTIGATIONS PURSUANT TO A
MUTUAL AID AGREEMENT, DATED MARCH 3, 2005.
ADMINISTRATION RECOMMENDATION
Adopt the Resolution.
ANALYSIS
The Miami Dade Police Department is the lead agency in a joint multi-jurisdictional
investigative effort to curb the violent crime specifically robberies. This multi-jurisdictional
effort is comprised of several local police agencies. These agency personnel have been
effective in investigating and apprehending persons involved in robberies. In calendar
year 2008, there were 405 robberies reported in the City of Miami Beach, a decline of
9.60% from 2007, and 142 robberies reported in the City of Miami Beach from January to
April 2009.
As a result of these robberies occurring in the City of Miami Beach, there is a need to
participate in this joint multi-jurisdictional effort. Since persons who commit robberies
travel at will from one local jurisdiction to another; a group of dedicated law enforcement
personnel to preventing and investigating violent crimes specifically the crime of robbery
is an effective crime fighting tool. Therefore, it is advantageous for the residents of the
City of Miami Beach, and the Miami Beach Police Department to participate in this effort.
To participate in this joint multi-jurisdictional effort it is recommended that the Miami
Beach Police Department execute the Memorandum of Understanding with the Miami
JMG/CN//MG
Dade~olice Department
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MEMORANDUM OF UNDERSTANDING BETWEEN THE
MIAMI-DADE POLICE DEPARTMENT (MDPD)
AND
CITY OF MIAMI BEACH POLICE DEPARTMENT (MBPD)
The purpose of this Memorandum of Understanding (MOU) is to outline the joint mission of the
above captioned participating agencies to concentrate investigative and apprehension efforts,
for individuals who are engaged in crimes against persons and the State of Florida, specifically
related but not limited to, the crime of robbery, utilizing the Robbery Intervention Detail (RID)
Unit. This MOU will formalize the policy guidance and planning of the participating agencies.
This MOU serves to invoke the Joint Declaration between the Director of the MDPD and the
Chief of Police of the participating agency, pursuant to the Mutual Aid Agreement, dated March
3, 2005, agreed to and acknowledged by the Departments, for the purpose of conducting joint
multi jurisdictional investigations, as described below.
DURATION
This MOU becomes effective on the date it is signed by all parties. It will continue in full force
for three (3) years, provided, however, that either participating agency may terminate this MOU,
with or without cause, by 30 day written notification to the other agency.
MODIFICATION
The participating agencies may propose modifications to this MOU at any time that the MOU is
in full force. All proposed modifications will be in writing and only those modifications agreed
upon by the concerned parties will become effective.
MISSION
The primary mission of the participating agencies is to combine investigative resources and
manpower to identify and eradicate those persons who have violated State felony laws relating
but not limited to robbery.
The participating agencies will investigate and identify those violations and individuals or groups
of individuals involved in violent crimes such as but not limited to robberies in Miami-Dade
County. The intent of the joint initiative is to identify all involved parties and gather sufficient
evidence for effective arrest and prosecution.
MUTUAL AID JURISDICTION
Jurisdiction, powers, duties, rights, privileges, immunities, and financial responsibilities for the
Miami-Dade Police Department and the participating municipal police departments shall be
allocated pursuant to the Mutual Aid Agreement, dated March 3, 2005, currently in effect
between the agencies, which are hereby incorporated by reference. These powers and
responsibilities outside their municipal jurisdiction shall only be extended to the agencies
officers when engaged in operations and investigations of the type described in this MOU.
FORFEITURE
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. Any
participating agencies must request sharing, in writing, before the entry of a Final Order of
Forfeiture, or they will be barred from claiming any portion of the property forfeited.
All seizures (currency, narcotics, or other property) made in Miami-Dade County will remain in
the control and custody of Miami-Dade Police Officers and will be impounded in accordance
with MDPD procedures. Legal action regarding forfeiture proceedings will be the responsibility
of the Miami-Dade Police Department Legal Bureau.
SUPERVISION
All municipal officers participating in operations and investigations of the type described in this
MOU will be under the immediate supervision of MDPD supervisors responsible for the
operations during the course and for the purposes of this Agreement. Responsibility for any and
all conduct of the participating members will remain with the respective agency heads and any
conduct outside the scope of authority will be the responsibility of the participating agencies.
Operational questions and necessities will be addressed by the supervisors of MDPD.
In the event that an immediate operational decision must be made, the final resolution will be
that of the highest ranking MDPD supervisor on the scene.
OPERATIONAL PERSONNEL
Each participating agency agrees to provide personnel, that is approved by MDPD, and such
personnel will only be assigned to participate in operations and investigations of the type
described in this MOU after such approval.
EQUIPMENT
1. Vehicles: Each agency will furnish required vehicles and will be responsible for the
expenses incurred in the use of its respective vehicles.
2. Communications: All agencies, when possible, will provide mobile radio equipment
capable of transmitting and receiving messages on their local and/or state police radio
network.
RECORDS AND REPORTS
All investigative reports and arrest reports will be maintained by the MDPD.
PROSECUTION
The criteria for the decision whether to have a case prosecuted in the State or Federal system
will be based on which level of prosecution and venue would provide the greatest benefit to the
overall objectives of the investigation. In all cases timely notification will be made to the
appropriate prosecuting authority.
SCHEDULE OF WORK HOURS AND COMPENSATION
Working hours may vary to meet the needs of the operations and investigations. Each agency
will be responsible for its own officer's regular pay, overtime pay, and/or any other
compensation. Furthermore, each agency will be responsible for any and all workers
compensation claims that result from injuries to their officers during the course of the officer's
participation in operations and investigation of the type described in this MOU.
INFORMANTS
It is agreed that funds to pay any confidential informants for information relating to criminal
activity will be supplied by the confidential informants' controlling agency. Informants will be paid
in accordance with the specific department's rules and regulations.
USE OF FORCE POLICY
It is agreed that all personnel shall comply with their agency's guidelines related to Use of
Force. In the event of an incident requiring an investigation or documentation related to the use
of force, the agency whose personnel are involved will conduct their investigation in compliance
with that agency's policy.
INTERNAL AFFAIRS INVESTIGATIONS
It is agreed that all personnel shall comply with their agency's guidelines related to Internal
Affairs investigations. In the event of an incident requiring an Internal Affairs Investigation, the
agency whose personnel are involved will conduct their investigation in compliance with that
agency's policy.
USE OF FIREARMS
It is agreed that all personnel shall comply with their agency's guidelines related to the use of
firearms and deadly force. In the event of a shooting incident, it will be investigated by the
appropriate agency whose personnel are involved and/or both agencies, as the location of
shooting and case dictate.
VEHICLE CRASHES
It is agreed that all personnel shall comply with their agency's guidelines related to vehicle
crashes. In the event of a vehicle crash, it will be investigated by the appropriate agency whose
personnel are involved or both agencies, as the location of the crash dictate.
RELEASE OF INFORMATION TO THE PRESS
At no time will participating agencies release to or discuss with any member of the press any
aspect of operations or any aspect of the direction, focus or general purpose of the investigation
without first consulting with MDPD. Subsequent to the consultation, participating agencies will
discuss any information release with the affected investigators and/or prosecutors to assure that
the integrity of the investigation will not be jeopardized. In most, if not all cases, the release of
any information, no matter how generic, will be made jointly with the participation of all of the
involved agencies, pursuant to Florida Statutes Chapter 119 and The Public Records Act.
NO PRIVATE RIGHT CREATED
This is an internal governmental Memorandum of Understanding between the Miami-Dade
Police Department and the participating agencies and is not intended to confer any right or
benefit to any private person or party.
LIABILITY
All tort liability regarding Miami-Dade County and its employees and agents shall be determined
in accordance with the provisions of Florida Statutes Chapter, 768.28. The participating parties
acknowledge that for liability and indemnification purposes, each party operates independently
pursuant to the provisions of the Mutual Aid Agreement. For the purposes of this MOU, Miami-
Dade County will be considered the requesting political subdivision described in the
Indemnification paragraph of the Mutual Aid Agreement (paragraph 6). None of the participating
agency's representatives, employees, or agents shall be considered representatives,
employees, or agents of MDPD, nor will MDPD or any of its representatives, employees or
agents be considered representatives, employees or agents of the participating agencies. Each
party shall be liable for its own debts, obligations, acts, and omissions not inconsistent with the
Mutual Aid Agreement.
AGENCY REPRESENTATIVES
Participating agencies will receive a copy of this MOU addressed to the agency heads, outlining
the provisions of this Agreement. The MOU shall become effective as to the City of Miami
Beach and MBPD on the date the MOU is signed by the undersigned representative of the
County and the MBPD Chief of Police. This MOU will be kept on file by MDPD and the
participating agency.
REPRESENTATIVE DATE
Robert Parker, Director
Miami-Dade Police Department
Carlos Noriega, Chief
Miami Beach Police D ment
APPROVED AS TO
FORM & LANGUAGE
& FOR CUTION
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