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Resolution 2024-32900 RESOLUTION NO. 2024-32900 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, APPROVING AND AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND FINALIZE A MEMORANDUM OF UNDERSTANDING (MOU), BETWEEN THE CITY AND MIAMI-DADE COUNTY, FLORIDA (COUNTY), SUBSTANTIALLY IN THE FORM ATTACHED TO THIS RESOLUTION, WITH THE FOREGOING MOU PROVIDING FOR THE CITY TO REIMBURSE THE COUNTY FOR ALL COSTS ASSOCIATED WITH THE EMPLOYMENT OF TWO (2) CRIMINOLOGIST TECHNICIANS, DESIGNATED TO PROVIDE DRUG TESTING SERVICES FOR THE BENEFIT OF THE MIAMI BEACH POLICE DEPARTMENT; SAID MOU HAVING AN INITIAL TERM OF ONE (1) YEAR WITH UP TO NINE (9) ANNUAL RENEWAL TERMS, UPON MUTUAL AGREEMENT OF THE PARTIES; AND PROVIDING FOR AN INITIAL BASE SALARY FOR EACH TECHNICIAN, PLUS BENEFITS AND OTHER PAYROLL RELATED EXPENSES, IN AN AMOUNT NOT TO EXCEED $100,000.00, SUBJECT TO INCREASES FOR PAYROLL EXPENSES IN SUBSEQUENT YEARS; AND FURTHER AUTHORIZING THE CITY MANAGER AND CITY CLERK TO EXECUTE THE FINAL NEGOTIATED AGREEMENT WITH MIAMI-DADE COUNTY. WHEREAS,the City of Miami Beach (the"City")is committed to reducing crime(including controlled substance offenses and quality of life offenses)and curtailing repeat offenders; and WHEREAS, the Miami-Dade Police Department's ("MDPD") Forensic Services Division Crime Laboratory("Crime Lab")provides forensic services to all local agencies within the County, as well as to state and federal agencies, upon request; and WHEREAS, the use of forensic-led technology to apprehend and prosecute criminals should reduce crime both inside and outside City limits regardless of where criminals are ultimately apprehended; and WHEREAS, the utilization of forensic services within the County has significantly increased, as more items per case are being submitted for analysis and MDPD's Crime Lab is overwhelmed with the amount of services being requested County wide; and WHEREAS, the backlog in MDPD's Crime Lab for drug testing services, primarily due to staffing shortages, hampers the ability to prosecute certain controlled substance offenses; and WHEREAS, the Miami Beach Police Department("MBPD") submits a significant number of cases to MDPD's Crime Lab; and WHEREAS, Mayor Steven Meiner proposes to proactively collaborate with the County and fund two (2) Criminalists to work in the MDPD's Crime Lab to provide drug testing services for those cases brought by MBPD; and WHEREAS, the addition of two(2)Criminalists providing drug testing services for certain MBPD arrests will enhance the ability to successfully prosecute those controlled substance cases and further improve the City's enforcement efforts of controlled substance offenses; and WHEREAS, MBPD recommends that the Mayor and City Commission approve the MOU substantially in the form attached hereto as Exhibit "A" to the City Commission Memorandum accompanying this Resolution. NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Commission hereby approve and authorize the City Manager to negotiate and finalize a Memorandum of Understanding (MOU), between the City and Miami-Dade County, Florida (County), substantially in the form attached to this resolution, with the foregoing MOU providing for the City to reimburse the County for all costs associated with the employment of two (2) Criminologist Technicians,designated to provide drug testing services for the benefit of the Miami Beach Police Department; said MOU having an initial term of one (1) year with up to nine (9) annual renewal terms, upon mutual agreement of the parties; and providing for an initial base salary for each technician, plus benefits and other payroll related expenses, in an amount not to exceed $100,000.00, subject to increases for payroll expenses in subsequent years; and further authorizing the City Manager and City Clerk to execute the final negotiated agreement with Miami- Dade County. PASSED and ADOPTED this 3r day of January, 2024. ATTEST: FEB 0 6 2024 Steven Meiner, Mayor Rafael E. Granado, City Clerk ` C s .S%h% APPROVED AS TO (Sponsored by Mayor Steven Meiner) '-_ FORM& LANGUAGE "% kik(ORP DRA1ED•' &FOR EXECUTION �i?Zs 6`� • I — L 3-Zy City Attorney Dote 2 Resolutions-C7 Al MIAMIBEACH COMMISSION MEMORANDUM TO: Honorable Mayor and Members of the City Commission FROM: Alina T. Hudak, City Manager DATE: January 31, 2024 SUBJECT:A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA,APPROVING AND AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND FINALIZE A MEMORANDUM OF UNDERSTANDING (MOU), BETWEEN THE CITY AND MIAMI-DADE COUNTY, FLORIDA (COUNTY), SUBSTANTIALLY IN THE FORM ATTACHED TO THIS RESOLUTION, WITH THE FOREGOING MOU PROVIDING FOR THE CITY TO REIMBURSE THE COUNTY FOR ALL COSTS ASSOCIATED WITH THE EMPLOYMENT OF TWO (2) CRIMINOLOGIST TECHNICIANS, DESIGNATED TO PROVIDE DRUG TESTING SERVICES FOR THE BENEFIT OF THE MIAMI BEACH POLICE DEPARTMENT; SAID MOU HAVING AN INITIAL TERM OF ONE (1) YEAR WITH UP TO NINE (9) ANNUAL RENEWAL TERMS, UPON MUTUAL AGREEMENT OF THE PARTIES; AND PROVIDING FOR AN INITIAL BASE SALARY FOR EACH TECHNICIAN, PLUS BENEFITS AND OTHER PAYROLL RELATED EXPENSES, IN AN AMOUNT NOT TO EXCEED $100,000.00, SUBJECT TO INCREASES FOR PAYROLL EXPENSES IN SUBSEQUENT YEARS; AND FURTHER AUTHORIZING THE CITY MANAGER AND CITY CLERK TO EXECUTE THE FINAL NEGOTIATED AGREEMENT WITH MIAMI-DADE COUNTY. BACKGROUND/HISTORY Mayor Meiner(then Commissioner Meiner) placed a referral to the Public Safety and Quality of Life Committee on the March 27, 2023 City Commission Meeting agenda to discuss the feasibility of the City establishing a crime laboratory to test suspected controlled substances impounded by the Police Department. ANALYSIS The Miami Beach Police Department has been pursuing the feasibility of establishing a Crime Laboratory for the purpose of processing marijuana and other illegal controlled substances. This initiative, directed by then Commissioner, now Mayor Steven Meiner, aimed to enhance law enforcement capabilities, streamline drug related analysis and investigations, and finally, contribute to the overall enhancement of public safety in the City of Miami Beach. Page 1016 of 2002 A feasibility study was carried out with the following scope: 1. Objectives of the proposed crime laboratory 2. Legal and Regulatory Compliance 3. Infrastructure requirements, costs and equipment 4. Assess the staffing requirements, including skilled forensic analysts, technicians, and support staff. Determine the necessary training and qualifications for personnel 5. Budgetary Considerations Develop a comprehensive budget outlining both initial setup costs and ongoing operational expenses 6. Technology Integration for accurate and efficient drug analysis 7. Collaboration with Law Enforcement Agencies (Miami Dade Police Department and Florida Department of Law Enforcement) A feasibility study is a crucial step in understanding the viability and implications of establishing a crime laboratory dedicated to processing marijuana and other drugs. During this process, the Department was also considering alternative solutions that could achieve similar results. As a result of several meetings with Stephanie Stoilof, Chief of the Forensics Division of the Miami Dade County Police Department, an idea developed to hire two Criminologist Technicians that would perform all the duties of drug analysis for the Miami Beach Police Department. The two Criminologist Technicians would essentially be employed by Miami Dade County, fall under the command of the Forensics Division and receive all the required training and equipment with the goal of working specifically on Miami Beach drug cases. The City of Miami Beach through a Resolution, would enter into an MOU to reimburse Miami Dade County for all costs related to the employment of the two Criminologist Technicians. SUPPORTING SURVEY DATA N//A FINANCIAL INFORMATION Provision of an initial base salary for two technicians plus benefits and other payroll-related expenses, in an amount not to exceed $100,000, subject to increases for payroll expenses in subsequent years. CONCLUSION The Miami Beach Police Department is in support of this Resolution and believes it is the best choice in quickly beginning the effort of drug analysis to aid in the prosecution of drug offenses that occur in Miami Beach. It is the goal of the Department to improve public safety through proactive and creative initiatives as defined above. Applicable Area Citywide Is this a"Residents Right Does this item utilize G.O. to Know" item. pursuant to Bond Funds? City Code Section 2-14? No No Page 1017 of 2002 Strategic Connection Neighborhoods -Work with partners to address regional safety issues. Legislative Tracking Police - Sponsor Mayor Steven Meiner ATTACHMENTS: Description D C4 P-Referral to PSNQLC - Crime Laboratory- March 27, 2023 a Resolution- MOU with Miami-Dade County o MOU - Forensic Services- Miami-Dade County • • • Page 1018 of 2002 1/23/24,5:22 PM Coversheet Committee Assignments-C4 P MIAMI BEACH COMMISSION MEMORANDUM TO: Honorable Mayor and Members of the City Commission FROM: Vice-Mayor Steven Meiner DATE: March 27,2023 SUBJECT:REFERRAL TO THE PUBLIC SAFETY AND NEIGHBORHOOD QUALITY OF LIFE COMMITTEE TO EXPLORE THE FEASIBILITY OF THE CITY ESTABLISHING A CRIME LABORATORY TO TEST SUSPECTED CONTROLLED SUBSTANCES IMPOUNDED BY THE POLICE DEPARTMENT. ANALYSIS Please place on the March 27, 2023 agenda a referral to the Public Safety and Neighborhood Quality of Life Committee to explore the feasibility of the City establishing a crime laboratory in order to test suspected controlled substances that are impounded from criminal,offenders by the Miami Beach Police Department. The Miami-Dade Police Department includes a Forensic Services Bureau(the"Bureau"),which is comprised of Analytical, Forensic Identification, Fingerprint Identification and Forensic Biology Sections, that provide forensic services for Miami-Dade County's estimated 2.8 million citizens and all 34 incorporated municipalities. The Bureau includes an accredited crime laboratory (the "Crime Lab") whose scientists examine evidence, conduct analyses, and issue reports with the findings, and also provide expert testimony in courts of law. However, it is my understanding that,primarily based upon inadequate personnel staffing levels,funding and a heavy workload,the Crime Lab is struggling to timely test suspected controlled substances that have been impounded from arrestees and pursuant to search warrants. As a result, it is my further understanding that suspected cannabis (marijuana) is rarely, if ever, tested by the Crime Lab. Additionally, other"harder" controlled substances (such as cocaine, MDMA, heroin, etc.), which take precedence for the Crime Lab and its limited time and resources, aren't always tested in a timely manner. As a result, many criminal offenders arrested by the Miami Beach Police Department(and other police departments in the County) cannot be prosecuted for the sale (including trafficking cases), purchase and possession of controlled substances. To address these issues, I am requesting that the Miami Beach Police Department explore the possibility of the City creating and establishing its own crime lab. By establishing our own crime lab, the City could ensure that all suspected controlled substances are promptly tested, and that criminal defendants arrested by the Police Department for controlled substance offenses can be appropriately prosecuted. As part of its due diligence, I request that the Police Department (in conjunction with the Property Management Department, as necessary) explore the various issues pertaining to this potential endeavor including, but not limited to, the various costs associated with this project, the necessity and procedure for crime lab accreditation, and a location/facility•in which the crime laboratory could be housed. This due diligence should include outreach to other cities who may wish to participate in the Miami Beach crime lab to offset the costs. SUPPORTING SURVEY DATA N/A FINANCIAL INFORMATION N/A Is this a"Residents Right to Poes this item utilize G.O. Know"item,pursuant to Bond Funds? City Code Section 2-14? Yes No Legislative Tracking Vice-Mayor Steven Meiner Page 1019 of 2002 https://miamibeach.novusagenda.com/agendapublic/CoverSheet.aspx?ItemID=300658MeetinglD=1188 1/1 MEMORANDUM OF UNDERSTANDING BETWEEN MIAMI-DADE COUNTY AND THE CITY OF MIAMI BEACH FOR FORENSIC SERVICES This Memorandum of Understanding (MOU) is entered into by and between Miami- Dade County, a political subdivision of the State of Florida (hereinafter referred to as the County), and its police department, the Miami-Dade Police Department (hereinafter referred to as the MDPD), and the City of Miami Beach, a municipal corporation organized and existing under the laws of the State of Florida (hereinafter referred to as the City), and its police department, the Miami Beach Police Department, (hereinafter referred to as the MBPD and collectively as the Parties). WHEREAS, the MDPD's Forensic Services Division Crime Laboratory ("Crime Lab") provides forensic services to all local agencies within the County, as well as to state and federal agencies, upon request; and WHEREAS, the use of forensic-led technology to apprehend and prosecute criminals should reduce crime both inside and outside City limits regardless of where criminals are ultimately apprehended; and WHEREAS, the application of forensic services has expanded and more items per case are submitted for analysis; and WHEREAS, the City submits a great number of cases to the MDPD's Crime Lab and determined that it is in the best interest of the Parties for the City to fund two (2) Criminalist I positions ("Criminalists") to work in the MDPD's Crime Lab. NOW, THEREFORE, BE IT KNOWN that the County and the City, in consideration for mutual promises and covenants contained herein, agree to abide by and be bound by the following terms and conditions: 1. RESPONSIBILITIES OF THE CITY The City agrees to: a. Provide funding to the County, via the MDPD, for use to reimburse for the salary, benefits, and all related operating expenses of employing two (2) Criminalists in the MDPD's CL. Said funding may vary from year to year to account for, but not be limited to, changes to collective bargaining, cost of living increases, etc., which shall be subject to appropriation and approval by the City Commission during the City's annual budgetary process. b. Reimburse the County monthly based on an itemized invoice provided by the County. Page 1922 of 2002 2. RESPONSIBILITIES OF THE COUNTY The County, by and through the MDPD, agrees to: a. Employ two (2) Criminalists as regular staff members of the MDPD Crime Lab and afford those individuals with all County employee benefits. b. The two (2) Criminalists shall be qualified and perform forensic drug testing services for those cases submitted by MBPD. c. During the term of this Agreement, the two (2) Criminalists shall prioritize the forensic drug testing services for those cases submitted by MBPD. d. Provide the City with a monthly itemized invoice indicating the monthly compensation, benefits, and expenses paid to the Criminalists. e. Provide the City with a copy of the payroll register and any other supporting documentation along with the monthly itemized invoice. f. Adjust the budget line items as needed from year to year, to account for, but not be limited to, changes to collective bargaining, cost of living increases, etc. 3. PREVAILING MIAMI-DADE POLICIES Employment of the Criminalists is governed by and construed in accordance with County policy. The Criminalists shall comply with all MDPD policies and procedures as outlined in the current MDPD Departmental Manual and the MDPD Crime Lab's Standard Operating Procedures. 4. INDEMNIFICATION Each party to this MOU agrees to assume responsibility for the acts, omissions, or conduct of such party's own employees while participating herein and pursuant to this MOU, subject to the provisions of Section 768.28, Florida Statutes, where applicable. "Assume Responsibility"shall mean incurring all costs associated with any suit,action, or claim for damages arising from the performance of this MOU. 5. NON-ASSIGNABILITY Neither party shall assign any of the obligations or benefits of this MOU. 6. TERM This MOU shall become effective on the date of execution by all parties and shall continue for a one-year period. This MOU may be renewed, in writing, on a year-to- year basis for nine (9) additional one-year terms. Page 1223 of 2002 7. CANCELLATION The County or City may cancel this MOU by providing at least thirty (30)days written notice to the other party prior to the'expiration of the respective one-year period. 8. MODIFICATIONS This MOU may be modified upon the mutual consent of the parties. Any modification shall be in writing and executed by the City Manager, Miami Beach Police Chief, the County Mayor or County Mayor's designee, and the MDPD Director. 9. NOTICES/POINT OF CONTACT Any notices hereunder shall be in writing and provided by personal service, U.S. mail or electronic mail, addressed as follows: If to COUNTY to: Stephanie V. Daniels, Director or current Director Miami-Dade Police Department 9105 NW 25 Street Doral, Florida 33172 Directorsoffice@mdpd.com With a copy to: Stephanie Stoiloff, Chief Scientific Officer Forensic Services Division Miami-Dade Police Department 9105 NW 25 Street Doral, Florida 33172 Slstoiloff@mdpd.com If to CITY to: Wayne A. Jones, Chief or current Police Chief • Miami Beach Police Department 1100 Washington Ave Miami Beach, Florida 33139 Waynejones@miamibeachfl.gov Page 1 q24 of 2002 IN WITNESS WHEREOF, the Parties have caused this MOU to be executed by their respective and duly authorized officers on the day and year written below. AGREED TO AND ACKNOWLEDGED BY: CITY OF MIAMI BEACH, FLORIDA MIAMI-DADE COUNTY, FLORIDA Alina T. Hudak, City Manager Daniella Levine Cava, Mayor Date: Date: Wayne A. Jones, Chief of Police Stephanie V. Daniels, Director Miami-Dade Police Department Date: Date: ATTEST: ATTEST: Rafael E. Granado, City Clerk Juan Fernandez-Barquin Clerk of the County and Comptroller Date: Date: APPROVED AS TO FORM APPROVED AS TO FORM AND LEGAL SUFFICIENCY: AND LEGAL SUFFICIENCY: Rafael A. Paz, City Attorney Anita Viciana Zapata Assistant County Attorney Date: Date: Page 1425 of 2002