RESOLUTION 88-19473 RESOLUTION NO. 88-19473
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OFMIAMI
BEACH, FLORIDA, PROVIDING FOR THE 3rd AMENDMENT TO THE FY
1988/89 POLICE CONFISCATION FUND BUDGET BY AN AMOUNT OF
$16,100.00 TO BE FUNDED BY THE PROCEEDS OF CONFISCATED FUNDS.
BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF MIAMI
BEACH, FLORIDA:
WHEREAS, Florida Statutes Section 932.704(3) (a) define the
purposes and procedure to be utilized for the appropriation and expenditure
of Police Confiscated Fund; and
WHEREAS, the Chief of Police of the City ofBeach has
determined that such needs exist and is in compliance with Section
932.704 (3) (a); and
WHEREAS, such funds are available in the Police Confiscation Fund.
NOW, THERFORE BE IT DULY RESOLVED BY THE CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, THAT the City Commission hereby amends the
FY 1988/89 Police Confiscation Fund Budget for the City of Miami Beach, a true
and correct listing of which is included therein be and the same are hereby
appropriated as follows(Exhibit 1):
CURRENT AMENDMENTS AMENDED
BUDGET INC/(DEC) BUDGET
Confiscation Fund $569,926.00 $16, 100.00 $586,026.00
TOTAL $569,926.00 $16, 100.00 11.86,026.00
PASSED and ADOPTED this 9th da f ,_ 1988
A Y'•R
ATTEST by:
J--rue )--)//
City Clerk
Legal Form:
/51., City Attorney
Funding Approved:
M. :ement and Budget
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OFFICE OF THE CITY MANAGER CITY HALL
ROB W.PARKINS 1700 CONVENTION CENTER DRIVE
CITY MANAGER TELEPHONE: 673-7010
/0/0110
COMMISSION MEMORANDUM NO. c
DATE: December 9, 1988
TO: Mayor Alex Dao,ud and '.--d
Members of the City Corn ' sio 1 _
FROM: 4I *:.
Rob W. Par ins ifftif 1
City Manager pi.er
SUBJECT: POLICE CONFI ATION TRUST ACCOUNT FOR FISCAL YEAR 1988/89
The Administration requests an amendment to Resolution 88-19363 for the operating
budget of the Police Confiscation Trust Account to appropriate an additional $16,100.00
for the payment of a claim by the American Factoring Corp. to complete the purchase of
the surveillance van (original vendor Catch & Carry, Inc., Res. No. 86-18663), and a
Robotic Remote-Controlled Videoscope Periscope system. The additional appropriation
will increase the Police Confiscation Budget to $586,026.00 for the fiscal year 1988/89.
ADMINISTRATION RECOMMENDATION
The Administration recommends that the City Commission amendthe operating budget for
the Police Confiscation Trust Account and appropriate funding.
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. FUNE)17`!c3 A.FDPE-D AGENDA -10-4 */
ITEM_ - /Q
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Manan Tient and c3{ diei
DATE d
RESOLUTION NO.
FORFEITURE (CONFISCATION) ACCOUNT
Payment and settlement of claim by American $ 8, 100.00
Factoring Corp. to complete purchase of surveillance van
(original Res. No. 86-18663)
Robotic Remote-Controlled Videoscope Periscope System $ 8,000.00
TOTAL $16, 100.00
EXHIBIT 1
AFFIDAVIT
•I, Ken Glassman, Chief of Police, City of Miami Beach, do hereby certify that the
aforementioned proposed request for expenditures from the City of Miami Beach
Police Confiscation Trust Fund, for the 1988/89 fiscal year to provide funds for
the payment of a claim by the American Factoring Corp. to complete the
purchase of the surveillance van (original vendor Catch & Carry, Inc., Res. No.
86-18663), and a Robotic Remote-Controlled Videoscope Periscope system. This
payment, settlement and purchase complies with the provisions of Section
932.704(3) (a), Florida Statutes.
AS-2.Ne-
KEN GLASSMAN
Chief of Police
City of Miami Beach Police Department
(i2JW
DATE
Legal Review:
F * e
olice Legal Advisor
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OFFICE OF THE CITY ATTORNEY
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F L O R 1 D A
ARNOLD M. WEINER = P.O.BOX 0
MIAMI BEACH,FLORIDA 33119-M2
CITY ATTORNEY H�.•=
TELEPHONE(305)673-7470
TELECOPY (305)673-7002
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COMMISSION MEMORANDUM _(Xy
TO: Mayor Alex Daoud and DATE: December 9, 1988
Members of the City Commission
City Manager Rob Parkins
FROM: Arnold M. Weiner54'L-
City Attorney
SUBJECT: RECOMMENDATION FOR SETTLEMENT OF AMERICAN FACTORING
CORPORATION v. CITY OF MIAMI BEACH, ET AL
CASE NO. 88-1188 Hillsborou•h Count
Plaintiff, American Factoring Corp. , a factor of
accounts, filed suit in Circuit Court in Hillsborough County, on
February 17 , 1988 against the City of Miami Beach and other
parties.
The City purchased a van for the Police Department from
Catch & Carry, Inc. , in 1986. American Factoring seeks to
recover $20, 000 from the City. The basis of the plaintiff' s
claim is that the City failed to honor an assignment from the
vendor (Catch & Carry, Inc. ) to the factor. The Purchasing
Department received notice of the assignment on November 19, 1987
but thereafter on January 14 , 1988, a payment was erroneously
authorized for $14, 000 directly to the vendor rather than to the
factor. In addition, there is a contract balance owed on the van
of $6, 000, which has not been paid due to certain defects in the
van.
This case has been set for non-jury trial in Circuit
Court in Hillsborough County before Judge Vernon Evans for
January 17 and 18, 1989 . American Factoring has offered to
settle the $20, 000 claim with the City for $13 , 500. A copy of a
letter from American Factoring's attorney dated December 6, 1988,
offering to settle for $13 , 500 is attached hereto.
The City Administration recommends settlement of the
case for the negotiated amount of $13 , 500.
The City Attorney recommends settlement of the American
Factoring claim in the amount of $13 , 500.
Funding for the settlement will be as follows:
$5, 400 - Contract Balance
(P.O. #14716
Budget Code 6070000. 673)
$8, 100 - Police Confiscation Trust Account
(Budget Code 6074711000. 673)
AMW/SWS/PNB/bcg AGENDA
Attachment ITEM R_ 10-
ref. CMemoAFC.MSC
DATE
1700 CONVENTION CENTER DRIVE-- FOURTH FLOOR - MIAMI BEACH, FLORIDA 33139
L.ANt3FORD MOONEY & McDUFFEE TEL No . 813 873 7362 Dec 06 ,88 15 : 49 P .02
LAN GFORD, MOONEY a MCDUFFEE, P. A.
A7TOItNEYe AT LAW
E.C LANGFO D 33 I ntNotASON $OULtVANO
MARL P.MOONEY YAM.A,P1.01.1IDA 33600
PAUL 0.McDUPIU.II MIS) as.-s*io
lunar L.SHIbLEY
EDWAltu A.HILL Tts.tCOP,tRz (6131 070-4000
1.IP1 E.WHALEN
RONALD H.1LYEUS
PATRICIA ). EUESEN)UROEP.
MICHAEL W.OAINE3 December 6, 1988
Sandra W. Schneider, Esquire
Assistant City Attorney
1700 Convention Center Drive
4th Floor - Legal Department
Miami Beach, Florida 33139
Res American y. . ! . . q.,• . • , . _
Dear Ms. Schneider:
This letter is pursuant to our telephone negotiations this
date regarding the above referenced case.
On behalf of American Factoring Corporation, I am
authorized to accept the sum of $13, 500.00 in full and complete
settlement of all claims of American Factoring Corporation against
the Cityof Miami Beach. Upon receipt of the City's check payable
to my law firm's trust account, I shall deliver to you a General
Release whereby American Factoring Corporation shall release all
claims with respect to Catch & Carry, Inc. against the City of
Miami Beach.
After review of the issue of assignment of claims, I am
afraid that I must decline insofar as assigning American Factoring
Corporation's cause of action against Catch & Carry to the City of
Miami Beach. Should your office be able to provide me with
appropriate assignment language I will reconsider this position
providing that the assignment provides:
1. That the City of Miami Beach's claims against Catch
and Carry, Inc. pursuant to the assignment are subordinate and
inferior to AFC's claims against catch & Carry, Inc.
2. That only $13,500.00 of the claims possessed by AFC
against Catch & Carry are assigned.
The offer of settlement contained herein is contingent upon
approval by the City Council, city of Miami Beach at its
L � c FORD MOONEY 8. McDUFFEE TEL No .813 873 7362 Dec 06 , 88 15 :50 P .03
.
LANOPO .D,MOONEY a MCDUPP!n,P A.
ATronNerr s AT LAW
December 6, 1988
Page - Two
meeting scheduled for December 9, 1988. This offer is further
contingent upon ent u on my receipt of settlement proceeds on or before
December 16, 1988.
ShouldY ou have any questions concerning the contents
herein, please do not hesitate to contact me.
Very truly yo s,
LANGFO'D, M•• . Y . oDU ' FEE, P.A.
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iaripp,
E. .ngford
ECL/mk
cc: Mike Ogden
c/o American Factoring Carport ion
ORIGINAL
RESOLUTION NO. 88-19473
(Providing for the 3rd amendment to the
FY 1988/69 Police Confiscation Fund Budget
by an amount of $16,100.00 to be funded by
the proceeds of confiscated funds)