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Home My WebLink AboutR-01-0105J-01-90 1/31/01 RESOLUTION NO. 01- 10 5 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE AN INTERGOVERNMENTAL AUTOMOBILE USE AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH THE FEDERAL BUREAU OF INVESTIGATION (FBI) FOR USE OF VEHICLES OWNED OR LEASED BY THE FBI FOR CERTAIN CITY OF MIAMI DEPARTMENT OF POLICE TASK FORCE OPERATIONS. WHEREAS, pursuant to a Memorandum of Understanding between the City of Miami and the Federal Bureau of Investigation (FBI) relating to a Joint Terrorism Task Force, Department of Police personnel will be allowed, during task force operations, to operate vehicles owned or leased by the FBI; and WHEREAS, in consideration for the use of FBI vehicles, the City of Miami ("City") must enter into an Intergovernmental Automobile Use Agreement to assume financial responsibility for any damages incurred to the FBI -owned or leased vehicles as the result of any act or omission on the part of the City, its employees, or persons acting on behalf of the City; ATTACH CONTAINED MY ya=mr, of FEB 082001 0Rvokl"nlob 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 are adopted by reference and incorporated as if fully set forth in this Section. Section 2. The City Manager is authorized'I to execute an Intergovernmental Automobile Use Agreement, in substantially the attached form, with the Federal Bureau of Investigation ("FBI") for use of vehicles owned or leased by the FBI for certain City of Miami Department of Police task force operations. Section 3. This Resolution shall become effective immediately upon its adoption and signature of the Mayor.V 1� The herein authorization is further subject to compliance with all requirements that may be imposed by the City Attorney, including but not limited to those prescribed by applicable City Charter and Code provisions. z� 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 become effective immediately upon override of the veto by the City Commission. Page 2 of 3 01— 105 PASSED AND ADOPTED this 8th day of February , 2001. JOE CAROLLO, MAYOR An accordance with IL"iami Code Sec. 2-36, since the Mayor did not indicate approval of tis legisiation by signing it in the des can ted z l c r,5;ovids +, said legislation now baCorne effective w4h the elapse of ton (10 v;, ^ W,3 dYiie o Iis�sioon n Marring same, without the Mayor Ierci n a. � Walter ATTEST: WALTER J. FOEMAN CITY CLERK APPROyeS AS 76 FOP - MD CORRECTNESS :& F NDRO VILARELLO ATTORNEY W5027:LB:BSS Page 3 of 3 • 01- 105 INTERGOVERNMENTAL AUTOMOBILE USE AGREEMENT The Federal Bureau of Investigation (FBI) hereby authorizes the use of an FBI -owned vehicle by the City of Miami Police Department (CMPD) strictly for task force operations. Operations include surveillance, general investigative activity, and other activities that are deemed reasonable in furtherance of their task force assignment. The rules and regulations concerning the use of a federal vehicle will be provided to each Task Force Officer. This agreement is pursuant to the Memorandum of Understanding (MOU) signed by both parties concerning the Joint Terrorism Task Force (JTTF). As consideration of such vehicle usage authorization, the CMPD agrees to be responsible for any damage incurred to the FBI -owned or leased vehicle as a result of any act or omission on the part of the CMPD, its employees, or persons acting on behalf of the CMPD, and, in general, assumes financial responsibility from property damage to said vehicle. The CMPD accepts responsibility for the negligent acts or omissions on the part of the CMPD, its employees, or persons acting on behalf of the CMPD in the operation of said vehicle. The CMPD further agrees that the term of use of said vehicle will commence not before October 1, 2000 and will continue no later than September 30, 2001, in accordance with the termination of the United States Government fiscal year (FY2001). It is also agreed that the CMPD will keep said vehicle in the same condition as received, except for normal wear and tear, and mileage. Furthermore, at the conclusion of the use of said vehicle, the CMPD will return and deliver same to the FBI, Miami, Florida, without any cost or expense to the FBI. CA Hector M. Pesquera Special Agent in Charge, Miami Division FEDERAL BUREAU OF INVESTIGATION Date: L-1 Date: Caklos A. Gimenez City Manager City of Miami 01- 105 Federal Bureau of Investigation LNO �I Policy Concerning the Use of Government Vehicle,CF.: � 0 I. Use of Bureau Vehicle V U3A. Official Purposes�%� e T41L Government funds may be expended for motor vehicles only if they are used for official purposes (Title 18, U.S.C. Section 1344). Absent one of the delineated exceptions listed in Title 31, U.S.C., 1344, the utilization of Government vehicles to transport individuals between their residence and place of employment is not transportation for official purposes. B. Exceptions The exception to this general prohibition that is most applicable to the FBI permits an officer or employee of the Government to utilize a Government vehicle for transportation between residence and various locations if such is required for the performance of field work or essential for the safe and efficient performance of intelligence, counterintelligence, protective services, or criminal law enforcement duties. Based upon the needs of our unique law enforcement mission and investigative responsibilities, the FBI has gained DOJ approval of a policy which permits FBI Agents and certain support personnel to utilize the Bureau vehicles for transportation between their residence and office of assignment or other location where their investigative duties are performed. These exceptions must be regularly approved in writing by appropriate officials. C. Bureau Policy FBI employees may accompany the driver of a Bureau vehicle to and from the Driver's residence and place of employment as long as the driver retains his emergency response capabilities and insures there is no significant deviation from the most direct route the driver's residence and lace of employment. Individuals who are not FBI employees may not utilize the Bureau vehicles for home -to -work transportation. Non -FBI employees may ride in Bureau vehicles as passengers when they are traveling to attend FBI -sponsored or FBI -participating functions, have other direct business to transact with FBI officials, and/or are DOJ officials traveling on official business. D. Penalty An officer or employee who willfully uses or authorizes the use of a passenger motor vehicle owned or leased by the United States Government (except for official purposes authorized by Title 31, U.S.C. 13 44) or otherwise violates Section 1344 shall be suspended without pay by the head of agency. The officer or employee shall be suspended for at least one month, and when circumstances warrant, for a longer period of or summarily removed from office. 01- 105 CITY OF MIAMI, FLORIDA CA=7 INTER -OFFICE MEMORANDUM TO: The Honorable Mayor and Members / DATE : JAN l v i_._'-. ' FILE of the City Commission SUBJECT: Proposed Resolution FR os A. �Sti}le ez REFERENCES Intergovernmental Automobile City Manager Use Agreement ENCLOSURES: RECOMMENDATION It is respectfully recommended that the City Commission adopt the attached Resolution authorizing the City Manager to execute an Intergovernmental Automobile Use Agreement between the City of Miami and the Federal Bureau of Investigation (FBI), for use of FBI -owned or leased vehicles by the Miami Police Department during task force operations. BACKGROUND This agreement is being entered into pursuant to a Memorandum of Understanding (MOU) signed by both parties concerning the Joint Terrorism Task Force (JTTF). Operations include surveillance, general investigative activity, and other activities that are deemed reasonable in furtherance of their task force assignment. This agreement will require that the City of Miami be responsible for any damage incurred to the FBI -owned or leased vehicle as a result of any act or omission on the part of the City of Miami Police Department, its employees, or persons acting on behalf of the City of Miami Police Department, and, in general, assumes financial responsibility from property damage to said vehicle. 7f1 CAG/RM/ /JLM/Ir 01" 105