HomeMy WebLinkAboutExhibitMEMORANDUM OF AGREEMENT BETWEEN
THE CITY OF MIAMI
AND
THE STATE ATTORNEY'S OFFICE, ELEVENTH JUDICIAL CIRCUIT OF FLORIDA
FOR THE PROVISION OF INVESTIGATORS
THIS MEMORANDUM OF AGREEMENT (MOA), is entered into this day of
, 20 , by and between the MIAMI-DADE STATE ATTORNEY'S
OFFICE, ELEVENTH JUDICIAL CIRCUIT OF FLORIDA, hereinafter referred to as the "SAO",
and the CITY OF MIAMI, a municipal corporation of the State of Florida, hereinafter referred to
as the "CITY", and collectively referred to as "the Parties", to establish and implement the
provision of services as follows:
A. SCOPE OF SERVICES BY THE PARTIES:
1. The SAO will employee two (2) retired City of Miami Police Department (MPD)
officers, experienced in homicide investigations or comparable investigative experience, who will
be responsible for assisting in criminal investigations and providing logistical support to Assistant
State Attorneys in their preparation and prosecution of criminal cases associated with the initiatives
of the North -end Street Violence Task Force (NSVTF), and will focus their efforts on crimes
occurring in Model City and the Little Haiti NET areas within the CITY. Specifically, the two
retired officers will be employed by the SAO as Investigators and will be responsible for
performing the following duties:
a. Assist to reduce crime and victimization by supporting prosecution of those involved in
gun -related crimes and other violent criminal activities;
b. Support and participate in data driven methods to proactively identify chronic firearm
offenders and assist the SAO in the filing of appropriate charges when they commit new
crime in the area;
c. Collaborate with other law enforcement agencies and use geographic information
systems pertaining to the CITY' s jurisdiction to target and/or identify specific locations
utilizing predictive crime analysis data (hot spots and crime generators); and
d. Work with community members to conduct outreach to address and break the `anti -
snitch' mentality by making themselves available and approachable to community
members. They will also work collaboratively with the victim/witness liaison to build
community trust.
2. The Investigators employed by the SAO under the terms of this MOA will also be
involved in major investigations through multiagency task forces organized by the SAO and in
providing assistance to local law enforcement agencies. In that capacity, the Investigators will
have the responsibilities of:
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a. Conducting highly independent investigations of unattended deaths, violent deaths, non-
support cases, and complaints involving individuals in public office;
b. Assisting in conducting investigations and surveillance operations;
c. Assisting detectives employed by other agencies, with a focus on those employed by the
City of Miami assigned to contact shooting matters;
d. Evaluating evidence of investigations;
e. Preparing the appropriate reports in the course of an investigation containing their
findings supported by evidence;
f. Preparing arrest and search warrant affidavits and participating in the execution of
Federal, State and local arrest and search warrants;
g. Interviewing victims, witnesses and suspects; and
j. Locating reluctant and uncooperative witnesses and monitoring their whereabouts
throughout the court proceedings.
3. The CITY's sole obligation under this MOA is to fund the two (2) SAO Investigator
positions, if the SAO employs retired MPD detectives to serve as SAO Investigators, on a
reimbursement basis as outlined below, for the term of this MOA.
B. METHOD OF PAYMENT - COST REIMBURSEMENT:
1. Subject to the terms of this MOA, the CITY shall provide funding to the SAO to be
used as a reimbursement for the salaries, benefits, and related operating expenses of employing
two (2) retired MPD officers to be employed as SAO Investigators but said funding shall not
exceed a total dollar amount of $200,000.00, during the term of this MOA and in accordance with
budget itemized in `Attachment 1', affixed to this MOA and incorporated by reference herein.
2. The SAO' s request for reimbursement shall be submitted to the CITY monthly and
reimbursement by the CITY shall be made on the basis of an itemized report of disbursements, in
a format agreed to between the parties. The SAO will provide the CITY with an invoice indicating
the monthly compensation, benefits, and expenses paid to the each of the two (2) Investigators.
Compensation, benefits, and expenses include all expenditures on the part of the SAO associated
with employing the investigator.
3. Monthly billing for personnel costs incurred in the performance of this MOA shall
include a copy of the payroll register certifying that the total number of hours billed were for the
purposes set forth in this contract.
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4. The SAO may adjust budget line items in `Attachment 1' provided that the sum of the
adjustments does not exceed the total amount of $200,000.00 allocated for the term of this MOA.
C. TERM:
1. The term of this agreement commences October 1, 2016, and expires on June 30, 2017.
With the concurrence of the SAO and the CITY, the contract may be extended on a month -to -
month basis after June 30, 2017.
D. SPECIAL PROVISIONS:
1. Termination: This MOA may be terminated by either party at any time with or without
cause upon thirty (30) days written notification, or a lesser period agreed to by both parties. Such
notice shall be delivered by Certified Mail with Return Receipt Requested to the Parties'
representative and addresses specified in the `Notices and Contacts' section of this MOA.
2. Management and Evaluation: The SAO shall be responsible for management and
evaluation of the investigators hired pursuant to the terms of this MOA.
3. Funding: This MOA is contingent upon all CITY funding provided not being subject to
any State of Florida service charges or administrative assessments.
4. Notices and Contact: The following individuals shall represent the parties in the
performance of this contract:
T. F. Mannelli,
Executive Director
Miami -Dade State Attorney's Office
1350 NW 12 Avenue
Miami, FL 33136
Daniel J. Alfonso,
City Manager
City of Miami
3500 Pan American Drive
Miami, FL 33133
5. Construction of Laws: The agreement between the parties shall consist of the terms
contained in this MOA and any subsequent written addendum, if any, must be agreed upon and
executed by both parties pursuant to the laws of Florida.
6. Severability: If any provision of this MOA or application thereof to any person or
situation shall to any extent, be held invalid or unenforceable, the remainder of this MOA, and the
application of such provisions to persons or situations other than those as to which it shall have
been held invalid or unenforceable shall not be affected thereby, and shall continue in full force
and effect, and be enforced to the fullest extent permitted by law.
7. Modification of this MOA: This MOA may be modified upon mutual consent of both
parties. The Executive Director of the SAO may negotiate and enter into additional binding terms
or modification of terms to this MOA. Any modification shall be in writing and executed by the
City Manager and the Executive Director of the SAO.
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8. Binding Authority: Each person signing this MOA on behalf of either party individually
warrants that he or she has full legal power to execute this MOA on behalf of the party for whom
he or she is signing, and to bind and obligate such party with respect to all provisions contained in
this MOA.
9. Governing Law: This MOA shall be governed by the laws of the State of Florida, with
venue lying in Miami -Dade County, Florida.
10. Public Records: The SAO understands that the public shall have access, at all
reasonable times, to all documents and information pertaining to CITY records, subject to
exemptions of disclosure under applicable law (e.g., Social Security Number, Driver's License
Number, etc.), and the provisions of Chapter 119, Florida Statutes, and agrees to allow access by
the CITY and the public to all documents subject to disclosure under applicable law. SAO's failure
or refusal to comply with the provisions of this section may result in the immediate cancellation
of this MOA by the CITY.
11. No Third -Party Beneficiaries: There are no express or implied third -party beneficiaries
to this memorandum of agreement.
12. Employment. The Parties understand that the SAO will employ and is the sole
employer of the two (2) investigators contemplated under this MOA. The SAO understands that
it will employ the investigators as a regular payroll staff member of the SAO and afford them with
any eligible State employee benefits. As such, the SAO understands it will assume any and all
responsibility for first party workers compensation claims, as well as all third party liability losses
of any kind and nature in connection with any claims against the two (2) investigators
contemplated under this MOA.
IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed
by their undersigned officials as duly authorized.
T. F. MANNELLI,
EXECUTIVE DIRECTOR
STATE ATTORNEY'S OFFICE, 1lt' JUDICIAL CIRCUIT OF FLORIDA
Date:
DANIEL J. ALFONSO
CITY MANAGER
CITY OF MIAMI, FLORIDA
Date:
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TODD B. HANNON
CITY CLERK
CITY OF MIAMI, FLORIDA
APPROVED AS TO FORM
AND LEGAL SUFFICIENCY:
VICTORIA MENDEZ
CITY ATTORNEY
CITY OF MIAMI, FLORIDA
APPROVED AS TO INSURANCE
REQUIREMENTS:
ANN-MARIE SHARPE
RISK MANAGEMENT
CITY OF MIAMI, FLORIDA
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ATTACHMENT 1
Salary
Expenses - Recurring
Expenses -
Non -
recurring
Total
Expenses
Total
Annual
Cost
Salary
Rate
Benefit
%
Annual
Salary
SIP
Car
Rental
Car
Operation
Other
costs (gun,
vest)
Investigator
$48,000.00
61.9%
$77,688.00
$1,560.00
$8,568.00
$2,200.00
$1,500.00
$13,828.00
$91,516.00
Investigator
$48,000.00
61.9%
$77,688.00
$1,560.00
$8,568.00
$2,200.00
$1,500.00
$13,828.00
$91,516.00
$183,032.00
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