2016-29531 Reso f
RESOLUTION NO. 2016-29531
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, AUTHORIZING THE CITY MANAGER AND CITY
CLERK TO EXECUTE A MEMORANDUM OF AGREEMENT BETWEEN THE
CITY OF MIAMI BEACH, ON BEHALF OF THE MIAMI BEACH POLICE
DEPARTMENT, AND THE FLORIDA DEPARTMENT OF MANAGEMENT
SERVICES, BUREAU OF FEDERAL PROPERTY ASSISTANCE, WHICH
SHALL ALLOW THE TRANSFER OF EXCESS DEPARTMENT OF DEFENSE
PROPERTY TO THE MIAMI BEACH POLICE DEPARTMENT.
WHEREAS, the Department of Management Services, Bureau of Federal Property
Assistance and the Governor appointed State Coordinator are authorized by Chapter 217 F.S.
to transfer to state and local law enforcement agencies personal property that is in excess of the
needs of the Department of Defense; and
WHEREAS, the Department of Defense is authorized to select property suitable to be
used by law enforcement agencies for law enforcement activities by 10 USC 2576a with an
emphasis on counter-drug and counter-terrorism activities under such terms prescribed by the
Defense Logistics Agency as delegated by the Secretary, U.S. Department of Defense; and
WHEREAS, the Miami Beach Police Department continues to tackle drug-related crimes
that impact the quality of life within the City of Miami Beach; and
WHEREAS, the Miami Beach Police Department undertakes extensive security and
counter-terrorism activities that significantly contribute to the safety of the City of Miami Beach;
and
WHEREAS, the Memorandum of Agreement will enable the Miami Beach Police
Department to acquire useful and essential equipment at no cost, save for collection and
delivery.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the City Manager and City
Clerk are authorized to execute the Memorandum of Agreement between the Miami Beach
Police Department and the Florida Department of Management Services, Bureau of Federal
Property Assistance, which shall allow the transfer of excess Department of Defense property to
the Miami Beach Police Department.
PASSED and ADOPTED this �• .ay of September, 2016.
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Resolutions -C7 F
MIAMI BEACH
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Jimmy L. Morales, City Manager
DATE: September 14, 2016
SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, AUTHORIZING THE CITY MANAGER AND CITY
CLERK TO EXECUTE A MEMORANDUM OF AGREEMENT BETWEEN THE CITY
OF MIAMI BEACH, ON BEHALF OF THE MIAMI BEACH POLICE.DEPARTMENT,
AND THE FLORIDA DEPARTMENT OF MANAGEMENT SERVICES, BUREAU OF
FEDERAL PROPERTY ASSISTANCE, WHICH SHALL ALLOW THE TRANSFER
OF EXCESS DEPARTMENT OF DEFENSE PROPERTY TO THE MIAMI BEACH
POLICE DEPARTMENT.
RECOMMENDATION
Adopt the Resolution.
ANALYSIS
The Department of Defense (DoD) is authorized to select property suitable to be used by law
enforcement agencies for law enforcement activities, with a particular emphasis on counter-drug and
counter-terrorism operations, and which is in excess of the needs of the DoD. The Florida
Department of Management Services (FDMS), Bureau of Federal Property Assistance (BFPA) and
the Governor appointed State Coordinator are authorized by Chapter 217 F.S. to transfer to state and
local law enforcement agencies such excess property. The FDMS requires a Memorandum of
Agreement (MOA) with participating agencies to ensure efficient and effective transfer of property.
The MOA is attached.
The Miami Beach Police Department (MBPD) continues to tackle drug-related crimes and also to
undertake extensive security and counter-terrorism activities. The MOA will enable the MBPD to
acquire useful and essential equipment at no cost, save for collection and delivery. Recent examples
of appropriated property by participating agencies include general first aid equipment and
tourniquets.
CONCLUSION
It is recommended that the Mayor and City Commission adopt this Resolution and authorize the
execution of the proposed Memorandum of Agreement.
KEY INTENDED OUTCOMES SUPPORTED
Reform Policing Culture With Customer Service Emphasis
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Legislative Tracking
Police
ATTACHMENTS:
Description
❑ Reso- form approved
❑ MOA for federal property assistance
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MEMORANDUM OF AGREEMENT BETWEEN THE
FLORIDA BUREAU OF FEDERAL PROPERTY ASSISTANCE
AND THE
Miami Beach Police Department (LEA)
PURPOSE:
This Memorandum of Agreement (MOA) is entered into between the Florida Department of Management
Services, Bureau of Federal Property Assistance (hereinafter the "State") and the above named Law
Enforcement Agency (hereinafter the "LEA") to set forth the terms and conditions which will be binding with
respect to excess Department of Defense(DoD)personal property transferred pursuant to 10 U.S.C. 2576(a) and
to promote the efficient and expeditious transfer of property.
AUTHORITY:
The Department of Management Services, Bureau of Federal Property Assistance and the Governor appointed
State Coordinator is authorized by Chapter 217 F.S. to transfer to state and local law enforcement agencies
personal property that is excess to the needs of the DoD. The DoD is authorized to select property suitable to be
used for law enforcement activities by 10 USC 2576a. Such property must be that which is suitable for use by
the LEA for law enforcement activities, with emphasis on counter-drug and counter-terrorism activities under
such terms prescribed by the Defense Logistics Agency as delegated by the Secretary, U.S. Department of
Defense. The LEA, for the purpose of this agreement, is defined as a government agency whose primary
function is the enforcement of applicable Federal, State or local laws and whose compensated law enforcement
officers have powers of arrest and apprehension.
TERMS AND CONDITIONS:
The DoD, through DLA, has final authority to determine the type, quantity, and location of excess personal
property suitable for use in law enforcement activities, if any, that will be transferred to the State. The State
will promulgate policy and procedure that will be consistent with Federal policy and procedure to transfer
property to the LEA. Property available under this agreement is for use by the LEA, not for personal use or
gain. Property shall not be obtained for the purpose of sale, lease, rent, exchange, barter, secure a loan, or to
otherwise supplement normal LEA budgets. All requests for property must be based on bona fide law
enforcement requirements. The requisitioning of property for the purpose of cannibalization is not authorized.
Any repair, maintenance, insurance, or other expenses associated with these items is the sole responsibility of
the LEA. Property available under this agreement must be placed in use within a year of receipt and utilized for
a minimum of one year, unless otherwise approved by the State, Aircraft, Flight Safety Critical Aircraft Parts
(FSCAP), and Munitions List Items (MLI) requiring demilitarization may be transferred to the LEA for law
enforcement activities. Such items must be reported to the State, returned to and received by DLA at the closest
approved Defense Reutilization and Marketing Office (DRMO) when no longer needed for law enforcement
activities. In cooperation with the State, the LEA is permitted to exchange aircraft and FSCAP with other
authorized LEAs.
Aircraft, weapons, armored personnel carriers, and any other item identified by DLA as a"major item" will be
transferred under terms and conditions set forth in the State's"Conditional Transfer Document".
Property available under this agreement is not to be stockpiled for possible future use. However, the LEA is
permitted to retain reasonable quantities of aircraft components for future use, as determined by the State and/or
the Defense Logistics Agency.
Except where otherwise provided in this MOA, the LEA may dispose of property in accordance with state or
local property disposal laws when it is determined by the LEA and approved by the State and LESO that the
property is no longer needed for law enforcement use.
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The executive head of the LEA as identified below represents that he/she is authorized to enter into this
agreement on behalf of the LEA. The Lea agrees to pay administrative fees associated with the acquisition of
available property as assessed by the State.
If the LEA materially fails to comply with any term of this agreement, whether stated in a Federal statue or
regulation, or the Memorandum of Agreement, the state may withhold approval for property requests pending
correction of the deficiency by the LEA or suspend the MOA.
To the extent permitted by state law, the LEA shall indemnify and hold the State of Florida harmless from any
and all suits, actions, demands, or claims of any nature arising out of the use of property. The State assumes no
liability for damages or injuries to any person or property from the use of the property.
THE LEA SHALL:
• Assure that it will comply with applicable provisions of the following Federal polices prohibiting discrimination:
• On the basis of race, color, or national origin, in Title VI of the Civil Rights Act of 1964(42 USC 2000d et seq.)
as implemented by DOD regulations at 32 CFR part 195.
• On the basis of age, in the Age Discrimination Act of 1975 (42 USC 6101, et seq.) as implemented by the
Department of Health and Human Services Regulation at 45 CFR part 90.
• On the basis of handicap, in Section 504 of the Rehabilitation Act of 1973 (29 USC 794), as implemented by the
Department of Justice regulations at 28 CFR part 41 and DoD regulations at 32 CFR part 56.
• Obtain audits, as necessary due to the receipt of Federal financial assistance from property transferred to it, in
accordance with the Single Audit Act of 1984,as amended(31 USC 7501-7).
• Submit a "Law Enforcement Data Sheet,"provided by the State, for participation in this program. The Data Sheet
will be updated annually or as often as changes occur in the LEA that affect the accuracy of the form.
• Forward requests for property that is necessary to meet the requirements for LEA law enforcement efforts.
• Agree to provide training, consistent wit LEA policies and procedures,in the use of specialized equipment.
• Agree to maintain insurance, in an amount consistent with LEA policy and procedures,to cover damages or injuries to
persons or property relating to the use of the property.
• Control and maintain accurate records of all property obtained under this MOA. These records should identify the
location of the property and, where appropriate, the person to which the property is assigned, including property that
is transferred to another LEA. These records must be available for review by the State or DLA upon request.
• Assure that all environmentally regulated property is disposed of in accordance with applicable Federal, State and
local laws and regulations.
• Assure that all weapons obtained through this program are registered with the US Treasury Department's Bureau of
Alcohol,Tobacco,and Firearms.
• Submit"major"item and weapons requests in the format required by the State.
Once executed by both parties below, this agreement renders null and void any previous agreements. Any property
previously acquired in this Program is henceforth considered to be under the provisions of this Agreement.
TERMINATION:
This MOA may be terminated by either party, provided the other party receives thirty (30) days notice, or as
otherwise stipulated by public law. Such termination does not nullify the property use restrictions in place on
property previously obtained in the program.
IN WITNESS THEREOF,the parties hereto have executed this agreement as of the last date written below.
Virgil Howard Signature Executive Head of Law Enforcement Agency
1033 Program Administrator
Name Typed/Printed
Date Law Enforcement Agency Date
Rev. 08/2015
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