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HomeMy WebLinkAbout25941AGREEMENT INFORMATION AGREEMENT NUMBER 25941 NAME/TYPE OF AGREEMENT FLORIDA GAMING CONTROL COMMISSION DESCRIPTION MUTUAL AID AGREEMENT/DETECT, INVESTIGATE, & OTHERWIDE COMBAT ILLEGAL GAMBLING/MATTER ID: 25- 3366 EFFECTIVE DATE ATTESTED BY TODD B. HANNON ATTESTED DATE 1/23/2026 DATE RECEIVED FROM ISSUING DEPT. 1/27/2026 NOTE DOCUSIGN AGREEMENT BY EMAIL CITY OF MIAMI DOCUMENT ROUTING FORM Signed by: jerk °atuA b 03C8C8A20F3A4F4... ORIGINATING DEPARTMENT: Police DEPT. CONTACT PERSON: Joy Saunlett EXT. 305 603-6196 NAME OF CONTRACTUAL PARTY/ENTITY: Florida Gaming Commission IS THIS AGREEMENT TO BE EXPEDITED/RUSH TOTAL CONTRACT AMOUNT: $ 0.00 TYPE OF AGREEMENT: ❑ MANAGEMENT AGREEMENT ❑ PROFESSIONAL SERVICES AGREEMENT ❑ GRANT AGREEMENT ❑ EXPERT CONSULTANT AGREEMENT ❑ LICENSE AGREEMENT OTHER: (PLEASE SPECIFY: Mutual Aid Agreement ❑ YES NO FUNDING INVOLVED? ❑ YES NO El PUBLIC WORKS AGREEMENT ❑ MAINTENANCE AGREEMENT ❑ INTER -LOCAL AGREEMENT ❑ LEASE AGREEMENT El PURCHASE OR SALE AGREEMENT PURPOSE OF ITEM (DETAILED SUMMARY/ADD ADDITIONAL PAGES IF NECESSARY) To execute a Mutual Aid Agreement for the police department's continued participation in permitting voluntary cooperation and assistance of a routine law enforcement nature allowing agencies to tackle problems crossing typical jurisdictional lines. COMMISSION APPROVAL DATE: / / FILE ID: ENACTMENT NO: IF THIS DOES NOT REQUIRE COMMISSION APPROVAL, PLEASE EXPLAIN: No Funding ROUTING INFORMATION Date PLEASE PRINT AND SIGN APPROVAL BY DEPARTMENTAL DIRECTOR January 21, 2C2SIIGINA PRINT: MANUEL IEJREST A. MORALES ,-DocuSigned by: (.ql,u tL AUVAGS SUBMITTED TO RISK MANAGEMENT INTERIM DIRECTOR January 21, 2C�2STGNA"I PRINT: DAVID.�3suosas7cFaDc... gJ gg� pp EE UREST 6duSigned by: fi , to SUBMITTED TO CITY ATTORNEY ,-DocuSignedby: PRINT: GEORGE K: IVSi t , III �DocuSignedby: JCP 25-3366 jtutiA, r, putt") January 21, 202SIENFTREST /'1 �t,av��c, U L1SbVL. tit \--s:s APPROVAL Brir-► 'iSiSti►`gT CITY MANAGER Ft8x`43B.. PRINT: SIGNATURE APPROVAL BY DEPUTY CITY MANAGER PRINT: NATASHA COLEBROOK-WILLIAMS SIGNATURE: RECEIVED BY CITY MANAGER January 23, 202E PRINT: JAMES RE FEST igned by: C3t4F f7A42I:5 SUBMITTED TO THE CITY CLERK PRINT: TODD B. H V sF2C6A4(8.. by: January 23, 2020TIGNATHREST rpocuSigned PLEASE ATTACH THIS ROUTING FORM TO ALL DOCUMENTS THAT th1 9E EXECUTION BY THE CITY MANAGER 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 day of , 202_, 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 Rendered. Both Parties shall aid one another 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 deteuniine 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: (c) City of Miami Police Department Lt. Roman Sarria City of Miami Police Department 400 NW 2°d Avenue Miami, FL 33128 (786) 554-8676 6259@miami-police.org Florida Gaming Control Commission Director L. Carl Herold Florida Gaming Control Commission 4070 Esplanade Way, Suite 250 Tallahassee, FL 32399 (850) 794-8050 Carl.Herold@a,flgaming.gov 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 nouunal 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 of the powers or functions of 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 stenuning 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. VII. Liability. Each Party agrees to assume responsibility for its own acts, omissions, and conduct 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 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 and 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 932.7061, 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 (c) Financial Contacts i. The individuals below should be contacted on all financial matters relating to this Agreement: City of Miami Police Department Jorge Blanco, Commander Office of Budget & Finance Management 400 NW 2nd Avenue Miami, Florida 33128 305-603-6190 43473@miami-police.org X. Term and Termination. (a) Florida Gaming Control Commission Lisa Mustain 4070 Esplanade Way, Suite 250 Tallahassee, Florida 32399 (850) 794-8027 Lisa.Mustain@flgaming.gov This Agreement shall be effective when signed by all Parties to the Agreement. (b) This Agreement shall terminate automatically on , 2026, unless the Parties agree in writing to extend the term of the Agreement. (c) 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 Signed by: By:5.atAA./7iviotivrep4vAkitAl, oaF4822r1&F_0.401 Name: Alana Zimmer Title: Executive Director City of Miami Police Department ADocu-S1ig,'nned by: By: Blil.ara GS -R-1-50D5467 GE4 DC... Name: Manuel A. Morales Title: Chief of Police Page 7 of 7 ATTEST: By: DocuSigned by: 56613eF1459... Todd B. Hannon City Clerk Signed by: APPROVED AS TO FORM AND CORRECTNESS DocuSigned by: •00Gisai4 111 By:battrOG 88776E9FE88248B .. George K. Wysong III City Attorney DocuSigned by: CPr, 60971 BODO5DD4D9... (25-3366-revised) THE CITY OF MIAMI, a municipal Corporation of the State of Florida Signed by: C�v By: 6F2C6A478... James Reyes City Manager APPROVED AS TO INSURANCE REQUIREMENTS By: DocuSigned by: fi giAutaa `— 55349B495F254B0... David Ruiz, Interim Director Department of Risk Management Page 8 of 8 Olivera, Rosemary From: Sent: To: Subject: Attachments: Saunlett, Joy <6272@miami-police.org> Tuesday, January 27, 2026 3:34 PM Olivera, Rosemary; Garcia, Aida L- Police; Castro, Jorge- Police Florida Gaming Commission - Matter ID.: #25-3366 FE Re-Revised_FL_Gaming.pdf CAUTION: This is an email from an external source. Do not click links or open attachments unless you recognize the sender and know the content is safe. Good afternoon: Attached please find the fully executed agreement for the above -mentioned matter. Thank you and stay safe. Joy Saunlett I Administrative Assistant 1 Business Management Section I - joy.saunlett@miami-police.org 400 NW 2 ''i Avenue, Miami, FL 33128 18 (305-603-6196 I 4 305-579-6634 1