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Legislation
Resolution
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
File Number: 08-00689
Final Action Date:
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S),
AUTHORIZING THE CITY MANAGER TO EXECUTE A MEMORANDUM OF
UNDERSTANDING ("MOU"), IN SUBSTANTIALLY THE ATTACHED FORM, WITH
THE FEDERAL BUREAU OF INVESTIGATIONS AND OTHER PARTICIPATING
LAW ENFORCEMENT AGENCIES, ON BEHALF OF THE MIAMI POLICE
DEPARTMENT AS A PARTICIPATING AGENCY; AUTHORIZING THE CITY
MANAGER TO DESIGNATE THE CHIEF OF POLICE TO EXECUTE THE
NECESSARY DOCUMENTS TO IMPLEMENT SAID MOU; FURTHER
AUTHORIZING THE DEPARTMENT OF POLICE TO EXPEND MONIES FOR THE
IMPLEMENTATION OF THIS MOU, ON AN AS NEEDED BASIS, SUBJECT TO
THE AVAILABILITY OF FUNDS AND THE APPROVAL OF THE CITY MANAGER.
WHEREAS, the purpose of the attached Memorandum of Understanding ("MOU") is to formalize
duties, responsibilities and procedures to be addressed when a public safety risk from explosive
materials, suspected Improvised Explosive Device(s) ("IED") or other Weapon(s) of Mass Destruction
is discovered on a terrorist related or other matter that the Federal Bureau of Investigations ("FBI") has
primary jurisdiction, and the threat(s) from such devices requires assistance from certified bomb
squads from multiple municipalities; and
WHEREAS, this MOU formalizes the manner in which non -Federal officers ("Miami Police
officers") certified as bomb technicians through the FBI Hazardous Devices School assigned to one of
the nine bomb squads within the Miami Division, will have deputized authority while acting under
direction and authority of the FBI; and
WHEREAS, the mission of the collective participating agencies will be to share available
personnel, equipment, resources and expertise in the Miami Division of the FBI, to conduct Render
Safe Procedures on suspected LEDs and explosive disposal, and in some instances, investigation of
explosive related incidents, as part of the courterterrorism initiative of Miami Division of the FBI; and
WHEREAS, in the event of a major terrorism attack outside of the Miami Division, by request of
another FBI division, under direction of the Miami Division, this MOU also formalizes the guidelines
under which the Federally deputized members of the Miami Division bomb squads may be called upon
to assist outside of the Miami Division of the FBI on bomb/explosive related matters in which the FBI
has primary jurisdiction; and
WHEREAS, this MOU is not an obligation or commitment of funds, nor a basis for transfer of
funds, but rather is a basic statement of the understanding between the parties hereto of the tasks and
methods for performing the tasks described herein; and
WHEREAS, expenditures by each party will be subject to its budgetary processes and to the
availability of funds and resources pursuant to applicable laws, regulations, and policies; and
City of Miami
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File Number. 08-00689
WHEREAS, unless otherwise agreed in writing, each party shall bear its own costs in relation to
this MOU; and
WHEREAS, when deputized Miami Police personnel respond at the request of the Miami Division
of the FBI under the authority of this MOU, the participating agency will be reimbursed for overtime,
per diem, and lodging incurred by their personnel; and
WHEREAS, the expenditures associated with travel will be borne by the City of Miami; and
WHEREAS, the City of Miami Police Department will designate available qualified bomb technicians
as circumstances and personnel assignments permit to support this agreement; and
WHEREAS, City of Miami Police officers participating under this MOU will be sworn in as Special
Deputy United States Marshals for purposes of enforcing United States Code, Title 18; and
WHEREAS, this MOU will enable for Miami Police officers to fully participate in all investigations
and respond to bomb or explosive related threats upon request by the Miami Division of the FBI,
anywhere within the United States; and
WHEREAS, these deputations are only in effect for two (2) years, as long as the participants are
assigned duties consistent with the purposes of this MOU or until the termination of this MOU,
whichever comes first;
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{1 } to execute a MOU, in substantially the attached form,
with the FBI and other participating departments, on behalf of the Miami Police Department as a
participating agency.
Section 3. The City Manager is authorized{1} to designate the Chief of Police, to execute
necessary documents to implement the FBI MOU.
Section 4. The Department of Police is authorized to expend monies for the implementation of this
MOU, on an as -needed basis, subject to the availability of funds and the approval of the City Manager.
Section 5. This Resolution shall become effective immediately upon its adoption and signature of
the Mayor.{2}
APPROVED AS TO FORM AND CORRECTNESS:
JULIE O. BRU L f'Y7' vO
CITY ATTORNEY
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File Number: 08-00689
Footnotes:
{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.
{2} 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.
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