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97-22587 RESO RESOLUTION NO.97-22587 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AUTHORIZING THE CHIEF OF POLICE TO ENTER INTO A MEMORANDUM OF UNDERSTANDING WITH THE METRO DADE POLICE DEPARTMENT, ASSIGNING ONE POLICE OFFICER TO THE DADE COUNTY MULTI-AGENCY AUTO THEFT TASK FORCE AND TO RECEIVE UP TO $50,000 REIMBURSEMENT FOR THE POLICE OFFICER'S SALARY AND FRINGE BENEFITS, EXCLUDING OVERTIME, FOR PARTICIPATION IN THE DADE COUNTY MUTLI AGENCY AUTO THEFT TASK FORCE AND AUTHORIZING THE BUDGETING AND EXPENDITURE OF FUNDS RECEIVED. WHEREAS, the Metro-Dade Police Department has received grant funds from the Florida Motor Vehicle Theft Prevention Authority which will assist in funding the Dade County Multi-Agency Auto Theft Task Force which is comprised of law enforcement officers from various jurisdictions throughout Dade County; and WHEREAS, the City of Miami Beach Police Department desires to participate in the Dade County Multi-Agency Auto Theft Task Force, and; WHEREAS, such participation will comprise the assignment of one City of Miami Beach Police Officer for a period of one year, commencing on October 1, 1997 and ending on September 30, 1998, and; WHEREAS, in exchange for the assignment of the one police officer, the Metro-Dade Police Department, with the use of grant funds, will reimburse the City up to $50,000 for the police officer's salary and fringe benefits, excluding overtime; and WHEREAS, the City of Miami Beach Police Department and the Metro-Dade Police Department have agreed to this participation and reimbursement within the attached Memorandum of Understanding. NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA: Section 1. That the City of Miami Beach Police Department, through the Office of the Chief of Police, is authorized and directed to execute the Memorandum of Understanding with the Metro-Dade Police Department for reimbursement of up to $50,000 for the salary and fringe benefits, excluding overtime, for one police officer to be assigned to the Dade County Multi-Agency Auto Theft Task Force. Section 2. That the City of Miami Beach Police Department certifies that it will accept the terms and conditions set forth in the attached Memorandum of Understanding. Section 3. That the Chief of Police of the City of Miami Beach is herein authorized to execute the attached memorandum of Understanding and the City of Miami Beach Finance Department is authorized to budget and to expend funds pursuant to the terms therein. PASSED and ADOPTED this 19thday of November, 1997. 1J~ MAYOR ATTEST: ~o-- p~ CITY CLERK F:\POLl\TECHSERVlPOLlCIES\COM_RESO\AUTOFORC,RES APPROVED AS TO FORM & lANGUAGE & FOR EXECUTION ~ 1/ II] /'17 Date DADE COUNTY MULTI-AGENCY AUTO THEFT TASK FORCE MEMORANDUM OF UNDERSTANDING PREAMBLE This Memorandum of Understanding (MOU) is being executed between the Miami Beach Police Department and the Metro-Dade Police Department (MDPD). Nothing in this MOU should be construed as limiting or impeding the basic spirit of cooperation which exists between the agencies involved. PURPOSE This MOU establishes and delineates the mission of the DADE COUNTY MULTI-AGENCY AUTO THEFT TASK FORCE (DCMAATTF) as a joint cooperative effort. Additionally, this MOU will guide relationships between the participating agencies for policy, guidance and planning, in order to maximize inter-agency cooperation and create a cohesive unit. MISSION The mission of the D'eMAA TTF will be to impact organized criminal activity in all aspects of motor vehicle theft targeted by federal, state and local agencies to include VIN switching, chop shops, insurance fraud, interstate transportation of stolen motor vehicles, and the theft and exportation of motor vehicles. The Task Force will enhance the effectiveness of federal, state, and local law enforcement throughout a coordinated effort utilizing the most effective investigative and prosecutorial means to convict and incarcerate major offenders and dismantle the criminal organizations engaged in motor vehicle theft. COMPOSITION The DCMAATTF will consist of a combined enforcement effort of the Miami Beach Police Department and the Metro-Dade Police Department. All participants acknowledge that the DCMAA TTF is a joint operation with all agencies acting as equal partners in the operation of the Task Force. The policy, program involvement, and direction shall be the joint responsibility of the respective Chiefs, Directors, and Special Agents in Charge participating in the DCMAATTF. POLICY AND DIRECTION The policy and direction of the DCMAATTF will be the collective responsibility of the heads of the participating agencies. SUPERVISION The Task Force coordinator will be the Metro-Dade Police Lieutenant responsible for the Economic Crimes Bureau's Auto Theft Section. Supervision of the personnel assigned to the DCMAATTF will be the mutual responsibility of the participating agencies; however, operational day-to-day supervision of the investigative process and direction shall rest with the Task Force coordinator representing the Metro-Dade Police Department. Responsibility for the conduct of the DCMAATTF members remains with the respective agencies. CHAIN OF COMMAND Operational problems will be mutually addressed and resolved by the assigned superiors or coordinators. If problems arise, which cannot be resolved to the mutual satisfaction of the investigative personnel assigned to the DCMAA TTF, the grievance should be presented to the designated agency next level of supervision. However, it is agreed that the resolution of operational problems will be addressed and resolved at the lowest level possible in the best interest of the DCMAATTF. OPERATIONAL PERSONNEL , The Miami Beach Police Department agrees to assign a minimum of one full time investigator to the DCMAATTF. The DCMAATTF agrees to provide a computerized workstation, telephone, fax, and investigative database access. The DCMAA TTF will reimburse the Miami Beach Police Department for the base salary and fringe benefits, up to a maximum of $50,000 per grant year, from funds received from the Florida Motor Vehicle Theft Prevention Authority (FMVTPA) Grant. The reimbursement of base salary and fringe benefits are totally dependanfupon funding from the FMVTPA and no other source. Additionally, each participating agency will receive an equitable share of all assets successfully forfeited by the DCMAA TTF during the life of this MOU. As the DCMAATTF targets particular crime problems within the area of a participating agency's territory, further part-time assistance from that agency may be required and! or requested. All DCMAA TTF agencies' command level personnel agree to minimize any assignments to participating personnel which divert their attention from the DCMAA TTF objectives. However, participating personnel may be temporarily assigned to non-Task Force duties when, for urgency circumstances, it is deemed necessary by command personnel of their respective departments. 2 LOCATION A centrally located office space has been designed at the MDPD Headquarters Building to house the entire Task Force. This arrangement will stand until it is deemed necessary that another location will be better suited for the Task Force needs. MEDIA All press releases pertaining to DCMAATTF investigations, apprehensions, and prosecutions will be coordinated and made jointly by all participants of this MOU. No unilateral press releases will be made by any participant without the prior approval of the other participants. In all situations, investigative reports, news coverage and so forth, will be attributed to the DCMAA TTF as an entity not to an individual task force participating agency. DEPUTATION For the purpose of the United States Customs Service outbound search authority, state and local law enforcement personnel assigned to the DCMAAITF will be cross designated as Customs Officers under the auspices of the Blue Lightning Operations program, provided that the Blue Lightning Steering Committee accepts the participation of the officer's department.' Cross designation will remain in effect until revoked by the Customs Service, the termination of the DCMAA TTF or upon the officer's departure from the DCMAATTF. For purposes of the United States Code Title 18 Authority, designated state and loca/law enforcement personnel assigned to the DCMAATTF will be sworn as Deputized Federal Officers with the Federal Bureau of Investigation securing the required deputation authorization. Officers deputation will remain in effect with yearly renewal; or until the termination of the DCMAATTF or the officer departs from the Task Force whichever proceeds the other. PROSECUTION Criminal cases which present only violations of Florida State law shall be presented to the State Attorney's Office. Criminal cases which present only violations of Federal law will be presented to the United States Attorney's Office. Cases which present violations of both federal and state law shall be presented to an Assistant United States Attorney and Assistant State Attorney to determine the appropriate forum in which to prosecute the case. 3 LIABILITY The liability of each state and local law enforcement agency participating in the DCMAA TTF shall be governed by Sec. 768.28, Florida State Statutes. The liability of participating federal law enforcement agencies shall be governed by the Federal Tort Clams Act. FORFEITURE ASSET SHARING All reports and documentation concerning property and vehicles which are seized for forfeiture by each participating agency under the alliance or authority derived from this MOU shall be reviewed by the Task Force Coordinator prior to any forfeiture action being filed. All property and vehicles which are seized for forfeiture by representatives of the Miami Beach Police Department, who are participating in the DCMAATTF, shall be turned over to the Task Force Coordinator for disposition. All property and vehicles seized by the DCMAA TTF and subsequently awarded by the court in a forfeiture action will be distributed in a fair and equitable manner by all participating agencies. SIGNATURES The undersigned representatives have the authority to execute this agreement on behalf of their respective agencies/department and in signing this agreement, represent a concurrence within support of the DCMAA TTF as set forth in this agreement and for purposes as stated herein. Date: ,1(1 t/9 1- ~~~g Rich rd Barreto, Chie Miami Beach Police Department Date: /0-07-'7 } 4 STATE OF FLORIDA Ol"1"ICE 01" ATTORNr:y GENERAL ROBERT A.BuTTERWORTH August 22, 1997 Lieutenant Greg Terp Dade County Multi-Agency Auto Theft Task Force 9015 Northwest 25th Street Room 3028 Miami, Florida 33172 Dear Lieutenant Terp: It is my pleasure to inform you that, on August 21, 1997, the Board of Directors of the Florida Motor Vehicle Theft Prevention Authority approved the continuation of your agency's grant in the amount of$209,804. Staffwil~ contact you shortly regarding implementation of the 1997-98 grant agreement. Congratulations on your selection as a grant recipient. Be assured of my support of this project as we work together to reduce motor vehicle thefts in Florida. If you have any questions concerning your grant award, please call Christine Sullivan-Lutz at (850) 414-3300. Sincerely, / ,~ Robert A. Butterworth Attorney General RAB/jcl / ~ITY OF MIAMI BEACH ;ITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139 .ttp:\\ci.miami-beach.ft.us " COMMISSION MEMORANDUM NO. 73 ~- q1- TO: Honorable Mayor and Members of the City Commission DATE: November 19,1997 FROM: Jose Garcia-Pedrosa City Manager SUBJECT: A RESOLUTION OF T MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FL IDA, AUTHORIZING THE CHIEF OF POLICE TO ENTER INTO A MEMORANDUM OF UNDERSTANDING WITH THE METRO-DADE POLICE DEPARTMENT, ASSIGNING ONE POLICE OFFICER TO T.HE DADE COUNTY MUL TI- AGENCY AUTO THEFT TASK FORCE AND RECEIVING UP TO $50,000 REIMBURSEMENT FOR THE POLICE OFFICER'S SALARY AND FRINGE BENEFiTS EXCLUDING OVERTIME FOR PARTICIPATION IN THE DADE COUNTY MULTI- AGENCY AUTO THEFT TASK FORCE ADMINISTRA TION RECOMMENDATION Approve the Resolution. BACKGROUND The Metro-Dade Police Department has received grant funds from the Florida Motor Vehicle Theft Prevention Authority for the continuation of the Dade County Multi-Agency Auto Theft Task Force. This Task Force was created to combat auto thefts. Auto theft is a crime that historically causes jurisdictional concerns for investigating law enforcement agencies. As the name implies, this is a multi agency law enforcement effort. The Metro-Dade Police . Department administers the grant and provides funds for the reimbursement of salary and fringe benefits, excluding overtime, up to $50,000 per year, for municipal police officers assigned to theTask Force. The Chief of Police and the Metro-Dade Police Department have agreed, in the form of a Memorandum of Understanding, to assign one City of Miami Beach police officer to the Dade County Multi Agency Auto Theft Task Force for a one year period, commencing on October 1, 1997 and ending on September 30, 1998. In exchange for this assignment, they will reimburse the City of Miami Beach up to $50,000 for the police officers salary and benefits, excluding overtime. This is the second year of fundingo AGENDA ITEM C- '1 D DATE~ I ANAL YSIS Auto theft is a crime that by its nature, lends itself to jurisdictional problems for law enforcement agencies functioning in geographic areas with multi-jurisdictional responsibilities. In Dade County, where there are 31 separate cities and/or villages, the investigation of auto theft, and recovery and identification of stolen vehicles is a logistical problem. To deal with this obstacle, the Metro-Dade Police Department and several municipal law enforcement agencies have joined together to form a Multi Agency Task Forceo The Task Force has proven to be very effective not only in its ability to cross jurisdictional boundaries, but has enabled. participating agencies to increase their information sharing capabilities:considerably. The assigned officer's salary and benefits are being funded from a grant from the Florida Motor Vehicle Theft Prevention Authority administered by the Metro-Dade Police Department. ~ This is the second year the Police Department has participated in this programo The City benefits greatly by this participation. The Police Department can enhance its efforts to combat auto crimes by increasing its personnel and equipment resources. CONCLUSION The assignment of one police officer to the Dade County Multi-Agency Task Force will benefit the city in combating auto theft and provide other investigative resources otherwise unavailable. JJ,/RBIMWD/SDRlMMS <1L- F:\POLl\TECHSERV\POLlCIES\COM_MEMO\AUTOFORC.MEM