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HomeMy WebLinkAboutLegislationCity of Miami Legislation Resolution City Hall 3500 Pan American Drive Miami, FL 33133 www,miamigov.com File Number: 15-01124 Final Action Date: A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENTS, AUTHORIZING THE CITY MANAGER TO EXECUTE THE ELECTRONIC SURVEILLANCE SUPPORT TEAM MULTI -AGENCY VOLUNTARY COOPERATION MUTUAL AID AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, BETWEEN THE CITY OF MIAMI, FLORIDA DEPARTMENT OF LAW ENFORCEMENT AND OTHER PARTICIPATING AGENCIES TO RECEIVE AND EXTEND MUTUAL AID IN THE FORM OF ELECTRONIC SURVEILLANCE SUPPORT TEAMS, PURSUANT TO THE FLORIDA MUTUAL AID ACT, SECTION 23.12-23.127, FLORIDA STATUTES, IN FURTHERANCE OF THEIR RESPECTIVE DUTIES UNDER LAW FOR THE PURPOSE OF FACILITATING AND PROVIDING TECHNICAL ASSISTANCE AND EQUIPMENT IN CRIMINAL INVESTIGATIONS IN FLORIDA. WHEREAS, the Florida Department of Law Enforcement ("FDLE") and the City of Miami ("City") have the authority under the Florida Mutual Aid Act, Section 23.12, et seq., Florida Statutes, to enter into this Electronic Surveillance Support Team Multi -Agency Voluntary Cooperation Mutual Aid Agreement ("Agreement"); and WHEREAS, the FDLE and each agency party to this agreement has custody and control of technical assets including, but not limited to, covert camera systems, internet-based systems, global positioning satellite tracking equipment, as well as video and audio enhancement equipment for use in criminal investigations; and WHEREAS, technical assistance is necessary for the deployment and effective use and operation of these technical assets; and WHEREAS, certain requests for Electronic Surveillance Support ("ESS") services may require more resources, specially trained personnel, or advanced technical equipment than a single agency can provide; and WHEREAS, this Agreement establishes and governs the regional Electronic Surveillance Support Teams ("ESST") in the State of Florida that may provide resources, equipment, and the personnel to operate them, upon a request by any law enforcement agency within the state; and WHEREAS, pursuant to Section 23.127(1), Florida Statutes, employees of agencies that are parties to this agreement participating in the ESST shall, when engaging in authorized mutual cooperation and assistance pursuant to this Agreement, have the same powers, duties, rights, City of Miami Page 1 of 2 File Id: 15-01124 (Version: 1) Printed On: 9/24/2015 File Number. 15-01124 privileges and immunities as if the employees were performing duties inside the law enforcement jurisdictional area of their respective agencies. 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 hereby authorized{1} to execute this Agreement, in substantially the attached form, between the City, FDLE and other participating agencies to receive and extend mutual aid in the form of Electronic Surveillance Support Teams, pursuant to the Florida Mutual Aid Act, Section 23.12-23.127, Florida Statutes, in furtherance of their respective duties under law for the purpose of facilitating and providing technical assistance and equipment in criminal investigations in Florida. Section 3. This Resolution shall become effective immediately upon its adoption and signature of the Mayor.{2} APPROVED AS TO FORM AND CORRECTNESS: VI TORIA M ` NDEZ CITY ATTORNEY 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 (10) 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. City of Miami Page 2 of 2 File Id: 15-01124 (version: 1) Printed On: 9/24/2015