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HomeMy WebLinkAboutO-13615City of Miami q Legislation Ordinance: 13615 File Number: 1041 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com Final Action Date: 12/8/2016 AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 42/ARTICLE I OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), ENTITLED "POLICE/IN GENERAL", MORE PARTICULARLY BY AMENDING SECTION 42-8 OF SAID CITY CODE TO INCREASE THE ADMINISTRATIVE FEE ASSOCIATED WITH THE OFF-DUTY POLICE SERVICES PROGRAM; FURTHER DECLARING THE REVISED ADMINISTRATIVE FEE TO BE LEGAL AND VALID AND TO RATIFY, VALIDATE AND CONFIRM IN ALL RESPECTS THE ADMINISTRATIVE FEES IMPOSED PRIOR TO THE ADOPTION OF THIS ORDINANCE; CONTAINING A SEVERABILITY CLAUSE, AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. SPONSOR(S): Commissioner Wifredo Gort WHEREAS, the administrative fee provided for in Section 42-8 of the Code of the City of Miami, Florida, as amended, ("City Code"), is used to offset the administration of the off-duty police services program; and WHEREAS, the administrative fee has not been adjusted since 1996 while the costs to provide such services have increased making it necessary to revise the fee for these services; and WHEREAS, the City Commission, after careful consideration of this matter, deems it advisable and in the best interest of the City of Miami ("City") and its inhabitants to amend the City Code to increase the administrative fee related to the provision of off-duty police services; and WHEREAS, the City Administration increased the administrative fee on June 1, 2016 from $3.00 to $4.00 and the City has accepted payments based on the revised fee schedule; and WHEREAS, the City Commission declares the administrative fee to be legal and hereby ratifies, validates and confirms in all respects the administrative fees imposed prior to the adoption of this ordinance; NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble to this Ordinance are adopted and incorporated as if fully set forth in this Section. City of Miami Page 1 of 3 File ID: 1041 (Revision: A) Printed On: 6/25/2018 File ID: 1041 Enactment Number: 13615 Section 2. Chapter 42/Article I of the City Code is amended in the following particulars:' "CHAPTER 42 POLICE Article I. In General Sec. 42-8. Special departmental services; fees (a) Evaluation of requests. The chief of police or his designee shall cause the requests for off- duty police officers to provide services to persons or businesses requesting the same to be evaluated on the basis of the reasonableness thereof, including in such evaluation the factors of existing laws, ordinances, rules and regulations, personnel scheduling availability, risk of harm to personnel, and police department efficiency. (b) Administrative fee. As a fee payable to the city to offset the administering of the herein off- duty police services program, the chief of police shall cause to be collected and shall establish procedures for the collection by the city of a fee of "4.00 per hour, perofficer, per location. Said fee will require a three-hour $4-9912.00 minimum perofficer, per location. Effective June 1, 2017, the administrative fee shall be increased to $4.50 per hour, per officer, per location. Said fee will require a three (3) hour $13.50 minimum per officer, per location. (1) Notwithstanding the above, assignments for residential off-duty patrol will be subject to a $10.00 administrative fee. Multiple police officers, days or locations shall be assessed on a perofficer, per job, per hour basis for contractual employment of off-duty police officers by private persons or firms. (Each shall be subject to the three-hour minimum). This fee shall be in addition to any special assessments which may be required and shall also be in addition to the hourly compensation rate payable to the individual sworn police officer. Monies received hereunder by the city shall be placed in the general fund except that $5.00 of each administrative fee collected shall be placed in the city self-insurance and insurance trust fund. (c) Liability for claims. The city expressly recognizes its ongoing responsibility to provide self- insurance coverage, subject to the maximum amounts provided in F.S. § 768.28, for tort liability and workers' compensation claims arising out of and in the course and scope of assigned off- duty police officers performing law enforcement duties during the period of such assignment. Nothing contained herein shall be deemed to limit the tort liability or subrogation of parties for or on behalf of whom off-duty police services are rendered, or upon whose property these services are performed. Further, nothing contained herein shall be deemed a waiver of any defense or denial of coverage permitted by law. I Words and/or figures stricken through shall be deleted. Underscored words and/or figures shall be added. The remaining provisions are now in effect and remain unchanged. Asterisks indicate omitted and unchanged material. City of Miami Page 2 of 3 File ID: 1041 (Revision: A) Printed on: 6/25/2018 File ID: 1041 Enactment Number: 13615 Liability for all civil actions and judgments (excluding individual punitive damages) arising out of claims resulting from the performance of duties unrelated to law enforcement during the period of said assigned off-duty police services shall be borne by the party requesting such off-duty police services. The party for or on behalf of whom such duties unrelated to law enforcement have been rendered shall hold the city, its officers, agents and employees, harmless for any and all claims, demands, actions, causes of action, suits, damages, loss and expenses, judgments, and attorney's fees and costs expended in defense of same. (d) Compensation of officers limited. Parties receiving off-duty police services shall not offer, nor shall off-duty police officers accept, any compensation for such off-duty police services or other services above than specified by the chief of police. *If Section 4. If any section, part of a section, paragraph, clause, phrase or word of this Ordinance is declared invalid, the remaining provisions of this Ordinance shall not be affected. Section 5. This Ordinance shall become effective immediately after final reading and adoption thereof.2 APPROVED AS TO FORM AND CORRECTNESS: 1 4ia dez, CiItyAtto i ey 11/3/2016 2 This Ordinance shall become effective as specified herein unless vetoed by the Mayor within ten (10) days from the date it was passed and adopted. If the Mayor vetoes this Ordinance, it shall become effective immediately upon override of the veto by the City Commission or upon the effective date stated herein, whichever is later. City of Miami Page 3 of 3 File ID: 1041 (Revision: A) Printed on: 6/25/2018