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HomeMy WebLinkAboutExhibitDocuSign Envelope ID: E88C9768-4ACB-44D4-A67E-7ED55BEC49AC COMBINED INTERLOCAL AND MUTUAL AID AGREEMENT BETWEEN THE CITY OF MIAMI AND THE CITY OF CORAL GABLES 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 2022, 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 CORAL GABLES, FLORIDA, a Florida municipal corporation having its principal office at 405 Biltmore Way, Coral Gables, Florida 33134, and states as follows: WHEREAS, human sex trafficking has become an epidemic of signific ant 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 Coral Gables 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 Coral Gables have the authority under Section 166.011, Florida Statutes, et. seq., The Municipal Home Rule Powers Act, to enter into an interlocal agreement pursuant to Section 163.01 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 DocuSign Envelope ID: E88C9768-4ACB-44D4-A67E-7ED55BEC49AC WHEREAS, the City of Miami and the City of Coral Gables 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 Coral Gables, by and through its department, the Coral Gables Police Department. For readability and brevity, this lnterlocal and Mutual Aid Agreement will herein be referred to as the "AGREEMENT", City of Miami will be referred to as "MIAMI", the City of Coral Gables will be referred to as "CORAL GABLES", and when referred to collectively MIAMI and CORAL GABLES will be referred to as the "PARTIES". and where referred to singularly, MIAMI and CORAL GABLES 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 CORAL GABLES representatives, NOW, THEREFORE, BE IT KNOWN that MIAMI and CORAL GABLES, and the undersigned representatives, pursuant to Sections 163.01, Florida Statutes, et. seq., The Florida Interlocal 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 I. Chief Executive Official: Either the City Manager of MIAMI, or the Government Executive (highest ranking official) of CORAL GABLES, 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 CORAL GABLES. This AGREEMENT may be amended at any DocuSign Envelope ID: E88C9768-4ACB-44D4-A67E-7ED55BEC49AC time by filing subsequent Amendment(s), which will be subject to the same approval process, and shall thereafter become a part of this AGREEMENT. Agency Head: Chief of Police of the Miami Police Department ("MPD"), or the MPD Chief's designee; Chief of Police of the Coral Gables Police Department ("CGPD"), or the CGPD Chief's 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 inter section of S.W. 57t' Avenue (Red Road) and S.W. 8' Street (Tamiami Trail), all sidewalks and right-of- ways eastbound along the center line of S.W. 8t' Street (Tamiami Trail) to S.W. 46`' Avenue, including all areas within 100 feet, north and south, of the aforesaid route; thereafter continuing eastbound along the centerline of S.W. 8t'' Street (Tamiami Trail) to S.W. 42"d Avenue, including all areas within 100 feet, north and south, of the aforesaid route; terminating at the east lateral line of S.W. 42" d Avenue, including all areas within 100 feet north 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. DocuSign Envelope ID: E88C9768-4ACB-44D4-A67E-7ED55BEC49AC 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. DocuSign Envelope ID: E88C9768-4ACB-44D4-A67E-7ED55BEC49AC 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 CORAL GABLES related to real property within MIAMI may proceed only with the approval of the CGPD's Agency Head, and MPD'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 CGPD'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 CORAL GABLES 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 CORAL GABLES and in the Joint Enforcement Zone, CORAL GABLES will provide written notice of said seizure/forfeiture to MIAMI within five (5) business days of the seizure. 5. Damages: CORAL GABLES will indemnify, defend, hold MIAMI, its elected officials, employees, agents and servants harmless, and pay any judgments, awards, and damages entered against MIAMI from any liability for any and all claims pertaining to seized property loss and/or damage, physical harm, personal injury or death resulting from any and all property seized by CORAL GABLES; including any claims filed against MIAMI for damages, legal or equitable, arising out of CORAL GABLES' decision to bring a forfeiture action; including any claims filed against MIAMI for damages intentional and/or negligent acts or omissions of any officer, employee, or agent of CORAL GABLES. 6. 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 Section 166, Florida Statutes. SECTION II1. 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 Coral Gables 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. DocuSign Envelope ID: E88C9768-4ACB-44D4-A67E-7ED55BEC49AC 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 CORAL GABLES, the above information, with all pertinent documentation gathered during the receipt and processing of the complaint, shall be forwarded without delay to CORAL GABLES 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 CORAL GABLES 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 AGREEM ENT 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 CORAL GABLES in the Joint Enforcement Zone, CORAL GABLES shall notify the Agency Head for MIAMI, or his designee, at least 72 hours in advance. DocuSign Envelope ID: E88C9768-4ACB-44D4-A67E-7ED55BEC49AC 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 Coral Gables City Attorney's Office 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 Coral Gables Zoning Code will apply in the Coral Gables portion of the Joint Enforcement Zone, and the Miami Zoning Code will apply in the Miami portion of the Joint Enforcement Zone. Likewise, the Coral Gables prohibition on hourly rentals will apply in Coral Gables but will not apply in Miami. 10. Schedule of Work Hours: Work hours may vary to meet operational needs. DocuSign Envelope ID: E88C9768-4ACB-44D4-A67E-7ED55BEC49AC 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 th.e 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 , 2022 CITY OF MIAMI: CITY OF CORAL GABLES: p—DocuSigned by: � 1 I VJVLLVJI '.,I 4JL... ARTHUR NORIEGA PETER IGLESIAS City Manager City Manager City of Miami City of Coral Gables Date: Date: 6/1/2022 ATTEST: ATTEST: DocuSigned by: 3Z0417D2rAoo4rr... TODD B. HANNON BILLY Y. URQUIA City Clerk City Clerk City of Miami City of Coral Gables i DocuSigned by: DocuSign Envelope ID: E88C9768-4ACB-44D4-A67E-7ED55BEC49AC APPROVED AS TO FORM AND LEGAL SUFFICIENCY VICTORIA MENDEZ City Attorney City of Miami MANUEL MORALES Chief of Police City of Miami APPROVED AS TO INSURANCE REQUIREMENTS: ANN-MARIE SHARPE APPROVED AS TO FORM AND LEGAL SUFFICIENCY DocuSigned by: 03A0CB1421 C64AC... MIRIAM SOLER RAMOS City Attorney City of Coral Gables r—DocuSigned by: \-26F6FD3ADBC34 20... EDWARD J. HUDAK, JR. Chief of Police City of Coral Gables APPROVED AS TO INSURANCE REQUIREMENTS: DocuSigned by: DOC7D18DC40747D... RAQUEL ELEJABARRIETA Risk Management Director Risk Management Director Exhibit 1 - MAAPTF Joint Enforcement Zone hi3nbof • ',4t nNC111 t SW15m St ;As Tortac •ocu i.n nvelo.e I0: 88 '76: A :-44. -A67 -7 *55: 49A6 "W 55th Tetra s. tr04 oast W 4th15t M.+niina°f wr nd 'waath s1 i72E?-'Rt�: sw 1,1 t! l it aNttlt:,s W 2trS;S e _ SVAii!Ath S? Wtl ttti!> Imagery 02017 Google, Map data 02017 Google 500 ft a