Loading...
HomeMy WebLinkAbout25540AGREEMENT INFORMATION AGREEMENT NUMBER 25540 NAME/TYPE OF AGREEMENT FLORIDA GAMING CONTROL COMMISSION DESCRIPTION MUTUAL AID AGREEMENT/VOLUNTARY COOPERATION & ASSISTANCE OF A ROUTINE LAW ENFORCEMENT NATURE/MATTER ID: 25-582/#12 EFFECTIVE DATE March 10, 2025 ATTESTED BY TODD B. HANNON ATTESTED DATE 3/10/2025 DATE RECEIVED FROM ISSUING DEPT. 4/14/2025 NOTE COPY a5540 MUTUAL AID AGREEMENT BETWEEN THE FLORIDA GAMING CONTROL COMMISSION, DIVISION OF GAMING ENFORCEMENT AND THE CITY OF MIAMI POLICE DEPARTMENT THIS MUTUAL AID AGREEMENT (the "Agreement") is entered into as of the 22nd day of November 2024, between the Florida Gaming Control Commission, Division of Gaming Enforcement ("Division") and the City of Miami Police Department, by and through Chief Manuel A. Morales ("Agency"). As used herein, the "Parties" shall mean the Division and Agency; and a "Party" shall mean the Division or the Agency, individually. WHEREAS, as the Florida Legislature explained in the Florida Mutual Aid Act (the "Act"), law enforcement agencies can benefit by entering into mutual aid agreements with other law enforcement agencies in this state; WHEREAS, pursuant to section 23.1225, Florida Statutes, such mutual aid agreements permit voluntary cooperation and assistance of a routine law enforcement nature allowing agencies to tackle problems crossing typical jurisdictional lines; WHEREAS, pursuant to section 16.711, Florida Statutes, the Division is a law enforcement agency within the meaning of the Act; WHEREAS, pursuant to article VIII, section 1, subsection (d) of the Florida Constitution, and section 30.15, Florida Statutes, the Agency is a law enforcement agency within the meaning of the Act; and WHEREAS, the Division and Agency desire to enter into a mutual aid agreement to empower the Parties to better detect, investigate, and otherwise combat illegal gambling and all related criminal activities throughout this state. NOW, THEREFORE, in consideration of the covenants contained herein and other good and valuable consideration, the sufficiency of which is acknowledged, the Parties agree as follows: i Nature -of -Law -Enforcement -Assistance -to -be-Rendereth-Both-Parties-shall-aid-one-anothe. and jointly endeavor to detect, investigate, apprehend, and make arrests for any alleged violation of chapter 24, part II of chapter 285, chapter 546, chapter 550, chapter 551, or chapter 849, Florida Statutes, and/or any rule adopted pursuant thereto, or any law of this state. II. Procedure for Requesting and Authorizing Assistance. (a) If either Party needs assistance as set forth above in Paragraph I of this Agreement, an authorized representative of the Party requesting assistance shall notify the other Party's agency head or his/her designee from whom such assistance is requested. The agency Page 1 of 8 head or authorized designee of the Party whose assistance is sought shall evaluate the situation and the Party's available resources, consult with his/her supervisors if necessary, and respond in a manner he/she deems appropriate. (b) The agency head for the Agency, and the Executive Director of the Florida Gaming Control Commission may determine who the individuals authorized to lend assistance in his/her jurisdiction, the time period during which such assistance is authorized, and the purpose for which such authority is granted. This authority may be granted either verbally or in writing. The agency contacts are the following: City of Miami Police Department Lt. Roman Sarria City of Miami Police Department 400 NW 2°d Avenue Miami, PL 33128 (786) 554-8676 6259 cr,miami-police.orV Florida Gaming Control Commission Director L. Carl Ilerold Florida Gaming Control Commission 4070 Esplanade Way, Suite 250 Tallahassee, FL 32399 (850) 794-8050 Carl.Herolci(r.D,fl eamins. Qov (c) Should a sworn law enforcement officer representing a Party be in another Party's jurisdiction for matters of routine nature, such as traveling through the jurisdiction on routine business, attending a meeting or going to or from work, or transporting a prisoner, and a felony occurs in the presence of said law enforcement officer, representing his/her respective agency, he/she shall be empowered to render enforcement assistance and act in accordance with the law. Should enforcement action be taken, the enforcing Party shall notify the Party having normal jurisdiction and upon the latter's arrival, turn the situation over to them and offer any assistance requested, including, but not limited to, a follow- up written report documenting the event and the actions taken. This Subparagraph is not intended to grant general authority to conduct investigations, serve warrants and/or subpoenas, or to respond without request to emergencies already being addressed by the Party having normal jurisdiction. but is intended to address critical. life -threatening or public safety situations, prevent imminent bodily injury to citizens, or secure apprehension of criminals whom the law enforcement officer may encounter. (d) No officer or other appointee shall be empowered under this agreement to operate in the other Party's jurisdiction without prior approval of the agency head having normal jurisdiction. The agency head's decision in these matters shall be final. III. Command and Supervisory Responsibility. When assisting the Division, the Agency's personnel and equipment shall be under the immediate command of an Agency's supervising officer and shall be under the ultimate supervision and command of the Division's agency head or his/her designee. Likewise, when assisting the Agency, the Division's personnel and Page 2 of 8 equipment shall be under the immediate command of a Division's supervising officer and shall be under the ultimate supervision and command of the Agency's Chief of Police or his/her designee. IV. Powers Privileges, and Immunities. (a) Pursuant to section 23.127(1), Florida Statutes, any Party's employee who, pursuant to this Agreement, renders aid outside of that employee's normal jurisdiction but inside this State shall have the same powers, duties, rights, privileges, and immunities as if the employee was performing duties inside the employee's normal jurisdiction. (b) The Parties agree to bear their own costs associated with providing aid pursuant to this Agreement. These costs consist of, but are not limited to, employee compensation, including any amounts paid or due for compensation for personal injury or death while the employee is rendering aid pursuant to this Agreement, travel, and any expense or cost incurred in the operation and maintenance of or loss or damage of any equipment, resources, or facilities. (c) Pursuant to section 23.127(3), the privileges and immunities from liability, exemption from laws, ordinances, and rules, and pension, insurance, relief, disability, workers' compensation, salary, death, and other benefits that apply to the ordinary activity of an employee of a Party when performing the employee's duties within the territorial limits of the employee's agency apply to the employee to the same degree, manner, and extent while engaged in the performance of the employee's duties extraterritorially under the provisions of this Agreement. This Subparagraph applies to paid, volunteer, and auxiliary employees. (d) Nothing herein shall prevent the requesting Party from requesting supplemental appropriations from its governing authority having budgeting jurisdiction to reimburse the assisting Party for any actual costs or expenses incurred by the assisting agency performing hereunder. (e) Nothing in this Agreement is intended or is to be construed as any transfer or contracting away o t e powers or nctions o one Party to the other. V. Policies, Procedures.. and Conflicts. Whenever an agent, police officer, or other appointee of either Party is rendering assistance pursuant to this Agreement, the agent, police officer, or appointee shall abide by and be subject to the rules and regulations, personnel policies, general orders, and standard operating procedures of his/her own employing agency. The Parties agree that in the event of a conflict between the Agency's or the Division's rules, regulation, personnel policy, general order, or standard operating procedure, the Division's rules, regulation, personnel policy, general order, or standard operating procedures shall supersede Page 3 of 8 • and control. Nothing in this Agreement, however, shall be construed to compromise the powers granted to the Agency under sections 14.022, 30.15, Florida Statutes, the Florida Constitution, or the United States Constitution. VI. Complaints. (a) If either Party receives a complaint regarding any cooperative effort stemming from this Agreement, the Party receiving the complaint shall document the following: i. The identity of the complainant; ii. The complainant's address, phone number, and email address; iii. The complainant's specific allegations; and iv. The identity of the subject(s) of the complaint. (b) After gathering the information required by Subparagraph VI(a) above, the Party receiving the complaint shall either: If the subject(s) of the complaint is employed by the Party receiving the complaint, resolve the complaint according to the Party's rule, regulation, personnel policy, general order, or standard operating procedure for handling such a complaint; or ii. If the subject(s) of the complaint is employed by the Party not receiving the complaint, forward the complaint and all the information required by Subparagraph VI (a) above to the other Party so that Party can resolve the complaint according to that Party's rule, regulation, personnel policy, general order, or standard operating procedure for handling such a complaint. (c) Subject to Paragraph V above, if a complaint is received accusing employees of both Parties of wrongdoing, the Parties agree to cooperate and resolve the complaint. Eiabifity Each-Pai ty agrees to assume -responsibility for its own-actsunrissionsand-ermduct of its employees' providing assistance or mutual aid as described in this Agreement. This Paragraph shall not constitute a waiver of the Division's sovereign immunity. VIII. Insurance. Each Party shall provide satisfactory proof of liability insurance by one or more of the means specified in section 768.28 (16)(a), Florida Statutes, in an amount that is, in the judgment of the governing body of that party, at least adequate to cover the risk to which that Party may be exposed. However, should the insurance coverage provided by any Party be Page 4 of 8 canceled or undergo a material, change, that Party shall notify the other Party in writing of such change within 10 days of receipt of notice of actual knowledge of such change. IX. Seizure and Disposition of Contraband.' (a) Division Seizure and Disposition i. If the Division, during the course of rendering assistance pursuant to this Agreement, seizes any real property, vessel, motor vehicle, aircraft, currency, or other contraband article, the Division shall be responsible for maintaining any forfeiture action and shall have the exclusive right to control and the responsibility to maintain such property. ii. The Division shall be entitled to 75% of the net value of any property described. in Subparagraph IX(a) of this Agreement after all other liens or costs listed in sections 932.7055(3) or (4), Florida Statutes have been satisfied or covered; the Agency shall be entitled to the other 25%. iii. The Division shall be responsible for all reports required by section 932.7061, Florida Statutes in connection with this Agreement. (b) Agency Seizure and Disposition If the Agency, during the course of rendering assistance pursuant to this Agreement, seizes any real property, vessel, motor vehicle, aircraft, currency, or other contraband article, the Agency shall be responsible for maintaining any forfeiture action and shall have the exclusive right to control arid the responsibility to maintain such property. ii. The Agency shall be entitled to 75% of the net value of any property described in Subparagraph IX(a) of this Agreement after all other liens or costs listed in sections 932.7055(3) or (4), Florida Statutes have been satisfied or covered; the Division shall be entitled to. the other 25%. iii. The Agency shall be responsible for all reports required by section 932.706,1, Florida Statutes in connection with this Agreement. The terms used in this Paragraph shall have the same meaning as in the Florida Contraband Forfeiture Act. See generally §§ 932.701— 932.7062, Fla. Stat. Page 5 of 8 X. Term and Termination. (a) This Agreement shall be effective when signed by all Parties to the Agreement. (b) This Agreement shall terminate automatically on November 30, 2025, unless the Parties agree in writing to extend the term of the Agreement. (e) This Agreement may be terminated by any Party upon 30 days written notice. XI. Severability. If any part of this Agreement is determined to be invalid or illegal by any competent jurisdiction, then that part shall be limited or curtailed to the extent necessary to make such provision valid, and all other remaining terms of this Agreement shall remain in full force and effect. XII. Counterparts. This Agreement may be executed in two or more counterparts, each of which shall be deemed an original and all of which together shall constitute one instrument. Any signature page delivered by facsimile, telecopy machine, portable document format (.pdf) or email shall be binding to the same extent as an original. XIII. Headings: Interpretation. The headings in this Agreement have been included solely for ease of reference and shall not be considered in the interpretation or construction of this Agreement. All references herein to the masculine, neuter, or singular shall be construed to include the masculine, feminine, neuter, or plural, as appropriate. Page 6 of 8 IN WITNESS WHEREOF, the undersigned have executed this Mutual Aid Agreement as of date first written above. FLORIDA GAMING CONTROL COMMISSION, DIVISION OF GAMING ENFORCEMENT By: Name: Ross Marshman Title: Executive Director CITY OF MIAMI POLICE DEPARTMENT By: Name: Manuel A. Morales Title: Chief of Police Page 7 of 8 ATTEST: Todd B. H6 City Clerk APPROVED AS TO FORM AND CORRECTNESS By: GeorgeK.-Wysong III City Attorney (JCP - 25-582 - Florida Gaming Control Commission, Division of Gaming Enforcement - Tackling problems crossing jurisdictional lints) THE CITY OF MIAMI, a municipal Corporation of the State of Florida By: Arthur Noriega City Manager APPROVED AS TO INSURANCE REQUIREMENTS By: Ann -Marie Sharpe, Director .Risk Management Cotinterparts and Electronic Signatures. This Agreement may be executed in any number of counterparts, each of which so executed shall be deemed to be an original, and such counterparts shall together constitute but one and the same Agreement. The parties shall be entitled to sign and transmit an electronic signature of this Agreement (whether by facsimile, PDF or other emaih transmission), which signature shall be binding on the party whose name is contained therein. Any party providing an electronic signature agreesto promptly execute and deliver to the other parties an original signed Agreement upon request. Page 8 of 8 a5540