HomeMy WebLinkAboutExhibitCOMBINED INTERLOCAL AND
MUTUAL AID AGREEMENT
BETWEEN
THE CITY OF MIAMI AND THE CITY OF WEST MIAMI
PROVIDING FOR THE CREATION OF A JOINT
ENFORCEMENT ZONE, PROVISION OF LAW ENFORCEMENT
SERVICES AND CREATING A MULTI -AGENCY ANTI -
PROSTITUTION & HUMAN TRAFFICKING TASK FORCE
This Combined Interlocal and Mutual Aid Agreement is made as of this day of
, 2019, by and between the CITY OF MIAMI, FLORIDA, a Florida municipal
corporation having its principal office at 3500 Pan American Drive, Miami, Florida 33133, and
the CITY OF WEST MIAMI, FLORIDA, a Florida municipal corporation having its principal
office at 901 SW 62 Avenue, West Miami, Florida 33144, and states as follows:
WHEREAS, human sex trafficking has become an epidemic of significant consequences
to the South Florida Community, such that the Miami -Dade State Attorney's Office established a
Human Trafficking Unit in 2012 to more effectively combat the issue; and
WHEREAS, the U.S. Department of State estimates that as many as 600,000 to 800,000
individuals are trafficked across our nation's boarders every year, with Florida receiving a high
percentage of those victims; and
WHEREAS, victims of human sex trafficking are often exposed to serious health risks,
including sexually transmitted diseases, drug and alcohol addiction, broken bones and burns,
memory loss, miscarriages or forced abortions, as well as PTSD, anxiety, fear and psychological
trauma; and
WHEREAS, individuals engaged in prostitution are exposed to similar physical and
psychological effects; and
WHEREAS, it is the responsibility of the governments of the City of Miami and the City
of West Miami to ensure the public safety of their citizens by providing adequate levels of police
services; and
WHEREAS, Sections 163.01, Florida Statutes, et. seq., The Florida Interlocal Cooperation
Act of 1969, as amended, permits local governments to make the most efficient use of their powers
to enable them to cooperate with other local governments on a basis of mutual advantage and
thereby provide services and facilities in a manner and pursuant to forms of government
organization that will accord best with geographic, economic, population, and other factors
influencing the needs and development of local communities; and
WHEREAS, the City of Miami and the City of West Miami have the authority under
Section 166.011, Florida Statutes, et. seq., The Municipal Home Rule Powers Act, to enter into
enter into an interlocal agreement pursuant to Section 163.01, Florida Statutes, with an adjoining
municipality or municipalities within the same county to provide law enforcement services within
the territorial boundaries of the other adjoining municipality or municipalities; and
WHEREAS, the City of Miami and the City of West Miami have the authority under
Section 23.12, Florida Statutes, et seq., the Florida Mutual Aid Act, to enter into a Mutual Aid
Agreement; and
WHEREAS, it is in the best interests of both municipalities to enter into this Interlocal
Agreement and Mutual Aid Agreement; and
WHEREAS, this Interlocal and Mutual Aid Agreement is entered into by the City of
Miami, by and through its department, the Miami Police Department and the City of West Miami,
by and through its depaitinent, the City of West Miami Police Depaitment. For readability and
brevity, this Interlocal and Mutual Aid Agreement will herein be referred to as the
"AGREEMENT", City of Miami will be referred to as "MIAMI", the City of West Miami will be
referred to as "WEST MIAMI", and when referred to collectively MIAMI and WEST MIAMI
will be referred to as the "PARTIES", and where referred to singularly, MIAMI and WEST
MIAMI may be referred to as a "PARTY"; and
WHEREAS, the purpose of this AGREEMENT is to provide for the creation of a "Joint
Enforcement Zone" as more particularly described herein, and the formation of a Multi -Agency
Anti -Prostitution and Human Trafficking Task Force (referred to as "MAAPTF") intended to
combat Human Trafficking and Prostitution, as defined and prohibited pursuant to Florida Statutes,
and other related criminal violations, and to disrupt such activity through proactive law
enforcement operations to investigate, apprehend, and prosecute those who are engaging in such
activity within the aforementioned "Joint Enforcement Zone"; and
WHEREAS, the apprehension and prosecution of these criminals should reduce crime both
inside and outside the PARTIES respective jurisdictions, regardless of where these criminals are
ultimately apprehended; and,
WHEREAS, this AGREEMENT is separate from, and more specific in purpose than, the
"Combined Voluntary Cooperation and Operational Assistance Mutual Aid Agreement," signed
by MIAMI and WEST MIAMI representatives,
NOW, THEREFORE, BE IT KNOWN that MIAMI and WEST MIAMI, and the
undersigned representatives, pursuant to Sections 163.01, Florida Statutes, et. seq., The Florida
lnterlocal Cooperation Act of 1969, Section 166.011, Florida Statutes, et. seq., The Municipal
Home Rule Powers Act, and Section 23.12, Florida Statutes, et seq., the Florida Mutual Aid Act,
in consideration for mutual promises to cooperate and render valuable aid, do hereby agree to fully
and faithfully abide by and be bound by the following terms and conditions.
SECTION I. DEFINITIONS
1. Chief Executive Official: Either the City Manager of MIAMI, or the Government Executive
(highest ranking official) of WEST MIAMI, who has the authority to contractually bind
the respective law enforcement agency and has executed this AGREEMENT, upon the
approval of the governing body of each of the PARTIES. Subsequent to the execution by
the executive officials, this AGREEMENT shall be filed with the City Clerk's Office of
MIAMI, and the Clerk of WEST MIAMI. This AGREEMENT may be amended at any
time by filing subsequent Amendment(s), which will be subject to the same approval
process, and shall thereafter become a part of this AGREEMENT.
2. Agency Head: Chief of Police of the Miami Police Department ("MPD"), or the MPD
Chiefs designee; Chief of Police of the West Miami Police Department ("WMPD"), or the
WMPD Chiefs designee.
3. Certified law enforcement employee: Any law enforcement employee certified as provided
in Chapter 943, Florida Statutes.
4. Joint Enforcement Zone: The "Joint Enforcement Zone" shall be defined as all areas within
the following description;
a. Beginning at the west lateral line of the intersection of S.W. 57thAvenue
(Red Road) and S.W. 8th Street (Tamiami Trail), all sidewalks and right-of-
ways westbound along the centerline of S.W. 8th Street (Tamiami Trail) and
terminating at S.W. 67h Avenue, including all areas within 100 feet, north
and south, of the aforesaid route.
See Exhibit 1 entitled, "MAAPTF Joint Enforcement Zone" attached hereto for illustration
of Joint Enforcement Zone and incorporated herein by reference.
SECTION II. TERMS AND PROCEDURES
1. Operations:
a. The PARTIES agree to furnish necessary manpower, equipment, facilities, and
other resources and to render services to each other as required to assist in the
investigation, apprehension and prosecution of those people who are engaging in
criminal activity, including but not limited to Human Trafficking and Prostitution,
as defined and prohibited pursuant to Florida Statutes, and other related criminal
violations, within the Joint Enforcement Zone, however neither PARTY shall be
required to deplete unreasonably its own manpower, equipment, facilities, or other
resources and services in rendering such assistance.
b. The agency heads, or their designees, shall establish procedures for jointly
establishing the mission definition, goals, and operations, and for giving tactical
control over accomplishing any such assigned mission and supervisory control over
all personnel or equipment provided pursuant to this AGREEMENT to the
requesting PARTY.
c. Uniformed Patrol: Uniform patrol for routine law enforcement purposes in marked
police vehicles by the police officers of either PARTY within the Joint Enforcement
Zone will not require prior Notice to the other PARTY.
d. Undercover/Decoy Operations: Undercover and/or Decoy Operations shall be
conducted in the Joint Enforcement Zone only after the acting PARTY has provided
Notice to the other PARTY's agency head or designee, in writing, at a minimum of
72 hours in advance, with said Notice being duly acknowledged, in writing.
2. Powers, Privileges, Immunities, and Costs:
a. All employees of the PARTIES, including certified law enforcement employees as
defined in Chapter 943, Florida Statutes, during such time that said employees are
conducting or assisting with law enforcement operations within the Joint
Enforcement Zone, in accordance with this AGREEMENT, shall, pursuant to the
provisions of Chapter 23, Florida Statutes, have the same powers, duties, rights,
privileges, and immunities as if they were performing their duties for the party by
which they are normally employed inside the employee's jurisdiction.
b. The party having financial responsibility for the law enforcement agency providing
services, personnel, vehicles, equipment, or facilities pursuant to the provisions of
this AGREEMENT shall bear any loss or damage to same and shall pay any and all
expenses incurred in the maintenance and operation of same.
c. The PARTIES shall compensate all of their respective employees conducting or
assisting with law enforcement operations within the Joint Enforcement Zone
pursuant to this AGREEMENT and shall defray the actual travel and maintenance
expenses of such employees while they are conducting or assisting with law
enforcement operations. Such compensation shall include any amounts paid or due
compensation due to personal injury or death while such employees are conducting
or assisting with law enforcement operations. Such compensation shall also include
all benefits normally due such employees.
d. All exemptions from ordinances and rules, and all pension, insurance, relief,
disability, workers' compensation, salary, death, and other benefits which apply to
the activity of such officers, agents, or employees of any PARTY when performing
their respective functions within the territorial limits of their respective agencies
shall apply to them to the same degree, manner, and extent while engaged in the
performance of their functions and duties extra territorially under the provisions of
this AGREEMENT. The provisions of this AGREEMENT shall apply with equal
effect to paid and auxiliary employees.
3. Indemnification: Each PARTY participating in the Multi -Agency Anti -Prostitution and
Human Trafficking Task Force pursuant to this AGREEMENT agrees to assume
responsibility for the acts, omissions, or conduct of such party's own employees while
participating herein and pursuant to this AGREEMENT, subject to the provisions of
Section 768.28, Florida Statutes, where applicable. "Assume Responsibility" shall mean
incurring any and all costs associated with any suit, action, or claim for damages arising
from the performance of this agreement.
4. Forfeitures: Investigators operating pursuant to this AGREEMENT may encounter
property subject to forfeiture pursuant to the Florida Contraband Forfeiture Act, Florida
Statutes. Each PARTY will initiate and prosecute forfeiture actions independently, and in
accordance with their respective procedures for the handling of forfeiture actions.
However, any potential seizure and/or forfeiture action by WEST MIAMI related to real
property within MIAMI may proceed only with the approval of the MPD' s Agency Head,
and WMPD's Agency Head as well as MIAMI's Chief Executive Official. Any potential
seizure and/or forfeiture action related to property other than real property within MIAMI
may proceed with the approval of the WMPD's Agency Head and MPD's Agency Head.
For any action as to property wholly within either respective jurisdiction, the relevant
PARTY shall have the exclusive right to control and maintain the property, including, but
not limited to, the complete discretion to bring the action, or to dismiss the action, or to
negotiate a settlement. In any case where WEST MIAMI prosecutes a forfeiture action
related to property seized from, or located within, MIAMI, MIAMI will be entitled to the
proceeds of such action less any costs and fees, including but not limited to attorney fees,
associated with the prosecution of the forfeiture. For any seizure/forfeiture initiated for
property located within WEST MIAMI and in the Joint Enforcement Zone, WEST MIAMI
will provide written notice of said seizure/forfeiture to MIAMI within five (5) business
days of the seizure.
5. Conflicts: Any conflicts between this AGREEMENT and Section 166.011, Florida
Statutes, et. seq., The Municipal Home Rule Powers Act, will be controlled by the
provisions of the latter, whenever conditions exist that are within the definitions stated in
Chapter 166, Florida Statutes.
SECTION III. COMMAND AND SUPERVISORY RESPONSIBILITY
1. Command- The personnel and equipment that are assigned by the respective PARTIES
shall be under the immediate command and direct supervision of a supervising officer
jointly selected by the Chief of Police for the West Miami Police Department, or his/her
designee, and the Chief of Police for the City of Miami Police Department, or his/her
designee. However, for all Pre -Planned Operations, a MIAMI Commander shall be present
and designated as the Operation Commander. The Operation Commander will serve as the
supervising officer for all officers from either PARTY participating in said operation.
2. Conflicts: Whenever an officer is conducting or assisting with law enforcement operations
within the Joint Enforcement Zone pursuant to this AGREEMENT, the officer shall abide
by and be subject to the rules and regulations, personnel policies, general orders, and
standard operating procedures of his or her own employer. If any such rule, regulation,
personnel policy, general order or standard operating procedure is contradicted,
contravened or otherwise in conflict with a direct order of a superior officer, then such rule,
regulation, policy, general order or procedure of his or her own employer shall control, and
shall supersede the direct order.
3. Complaints: Whenever there is cause to believe that a complaint has arisen as a result of a
cooperative effort as it may pertain to this AGREEMENT, the Chief of Police, or his/her
designee, of the agency employing the officer who is the subject of the complaint shall be
responsible for the investigation of the complaint. The Chief of Police or designee should
ascertain at a minimum:
a. The identity of the complainant;
b. An address where the complainant can be contacted;
c. The specific allegation; and;
d. The identity of the employees accused without regard as to agency
affiliation.
4. If it is determined during the investigation of a complaint that the accused is an employee
of MIAMI, the above information, with all pertinent documentation gathered during the
receipt and processing of the complaint, shall be forwarded without delay to MIAMI for
administrative review. Similarly, if it is determined during the investigation of a complaint
that the accused is an employee of WEST MIAMI, the above information, with all pertinent
documentation gathered during the receipt and processing of the complaint, shall be
forwarded without delay to WEST MIAMI for administrative review.
SECTION IV. PROVISIONS FOR JOINT ENFORCEMENT AUTHORITY, MUTUAL
AID AND VOLUNTARY AND OPERATIONAL ASSISTANCE
1. Mutual Aid Request: In compliance with and under the authority of this AGREEMENT
heretofore entered into by WEST MIAMI and MIAMI, it is hereby declared that the
PARTIES are mutually requesting assistance from the other PARTY to conduct and assist
with law enforcement operations within the Joint Enforcement Zone as described herein.
2. Law Enforcement Officer: A police officer of either PARTY shall be considered to be
operating under the provisions of this AGREEMENT when conducting or assisting with
law enforcement operations within the Joint Enforcement Zone.
3. Enforcement: The PARTIES agrees to independently and/or jointly conduct law
enforcement activity within the Joint Enforcement Zone on a basis and schedule agreed
upon by the Agency Heads, or their designees, in order to achieve the purposes of this
AGREEMENT.
4. Authority: Each PARTY to this AGREEMENT may independently conduct law
enforcement operations within the Joint Enforcement Zone as described herein, pursuant
to the terms of this AGREEMENT and officers of each respective agency shall have the
same powers, duties, rights, privileges, and immunities as if they were performing their
duties for the party by which they are normally employed inside the employee's
jurisdiction. In accordance with Section II (1)(d), for any law enforcement activity other
than routine uniform patrol conducted by WEST MIAMI in the Joint Enforcement Zone,
WEST MIAMI shall notify the Agency Head for MIAMI, or his designee, at least 72 hours
in advance.
5. Expenses: The PARTIES will furnish their own vehicles and will be responsible for the
expenses, maintenance and any liability incurred with respect to the use of their respective
vehicles.
6. Records and Reports: All investigative reports and arrest reports will be maintained by the
respective arresting agency. With respect to any other records that either PARTY may
maintain, each PARTY agrees to comply with public records laws. More specifically, each
PARTY will:
a. Keep and maintain public records that ordinarily and necessarily would be
required by the PARTY in order to perform the services required by this
AGREEMENT.
b. Provide the public with access to public records at a cost that does not
exceed the cost provided in Chapter 119, Florida Statutes, or as otherwise
provided by law.
c. Ensure that public records that are exempt or confidential and exempt from
public records disclosure requirements are not disclosed except as
authorized by law.
d. Meet all requirements for retaining public records and transfer, at no cost,
to the other PARTY.
7. Prosecution: The criteria for the decision whether to have any particular case prosecuted in
the State or Federal system will be based on which level of prosecution and venue would
provide the greatest benefit to the overall objectives of the investigation. In all cases, timely
notification will be made to the appropriate prosecuting authority.
8. Nuisance Abatement: The Miami City Attorney's Office and West Miami City Attorney
will coordinate in the enforcement of this agreement and are each authorized to file and
prosecute nuisance abatement actions in a court of competent jurisdiction to require
properties within the enforcement zone to comply with applicable State, Federal and local
laws.
9. City Code: This AGREEMENT does not confer any additional powers on either
municipality as it relates to the enforcement of its respective municipal ordinances, nor
does this agreement restrict either municipality from taking any action it is otherwise
lawfully permitted to take pursuant to state law or municipal ordinances, including the
ability to send cease and desist letters or file lawsuits. The West Miami Zoning Code will
apply in the West Miami portion of the Joint Enforcement Zone, and the Miami Zoning
Code will apply in the Miami portion of the Joint Enforcement Zone.
10. Schedule Of Work Hours: Work hours may vary to meet operational needs.
11. Informants: Funds to pay any confidential informants for information relating to criminal
activity will be supplied by the confidential informants' controlling police department.
Informants will be paid in accordance with the specific department's rules and regulations.
12. Release Of Information To The Press: At no time will any employee of either PARTY
release to or discuss with any member of the press any aspect of operations or any aspect
of the direction, focus, or general purpose of the investigation without the Agency Head of
the PARTIES first consulting with each other. Subsequent to the consultation, officers
acting pursuant to the AGREEMENT will discuss any information release with the affected
investigators and/or prosecutors to assure that the integrity of the investigation will not be
jeopardized. In all cases, the release of any information, no matter how generic, will be
made jointly with the participation of both PARTIES and pursuant to Florida Statutes
Chapter 119 and any other applicable statutes governing the disclosure of public records.
SECTION V. EFFECTIVE DATE
This agreement shall take effect upon the approval this Agreement by each respective
municipality's City Commission, the effective date of this being the later of the two dates of
approval by each commission. Thereafter, this Agreement shall continue in full force and effect
for an initial period of five (5) years from the effective date and may be consecutively renewed for
additional five (5) year periods upon approval by each respective municipality' s City Commission.
Under no circumstances may this agreement be renewed, amended or extended except in writing.
SECTION VI. CANCELLATION
This Agreement may be cancelled by either PARTY upon thirty (30) days written notice to the
other PARTY. Cancellation will be at the discretion of the Chief Executive Official of the
PARTIES hereto.
IN WITNESS WHEREOF, the parties hereto cause to these presents to be signed on the
date first written above.
AGREED AND ACKNOWLEDGED this day of , 2019.
CITY OF MIAMI: CITY OF WEST MIAMI:
EMILIO GONZALEZ
CITY MANAGER
CITY OF MIAMI, FLORIDA
YOLANDA AGUILAR
CITY MANAGER
CITY OF WEST MIAMI, FLORIDA
Date: Date:
Attest: Attest:
TODD B. HANNON
CITY CLERK
CITY OF MIAMI, FLORIDA
ANNERY GONZALEZ
CITY CLERK
CITY OF WEST MIAMI, FLORIDA
APPROVED AS TO FORM AND APPROVED AS TO LEGAL FORM
CORRECTNESS: AND SUFFICIENCY:
VICTORIA MENDEZ
CITY ATTORNEY
CITY OF MIAMI, FLORIDA
APPROVED AS TO INSURANCE
REQUIREMENTS:
ANN-MARIE SHARPE
RISK MANAGEMENT
CITY OF MIAMI, FLORIDA
JOSE A. VILLALOBOS
CITY ATTORNEY
CITY OF WEST MIAMI, FLORIDA
Exhibit 1: MAAPTF JOINT ENFORCEMENT ZONE - CITY OF MIAMI & CITY OF WEST MIAMI
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