Resolution 94-21042 a
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RESOLUTION No. 94-21042
A RESOLUTION OF THE MAYOR AND CITY COMMISSION
OF THE CITY OF MIAMI BEACH, FLORIDA, ADOPTING
THE FOURTH AMENDMENT TO THE BUDGET AND
APPROPRIATING FUNDS FOR THE POLICE
CONFISCATION TRUST FUND FOR FISCAL YEAR
1993/94 IN THE AMOUNT OF $18,000, TO BE FUNDED
FROM THE PROCEEDS OF FEDERAL CONFISCATED FUNDS
AND REPEALING RESOLUTION No. 94-21010.
WHEREAS, an error was made in the amount of funds to be
appropriated in Resolution No. 94-21010 passed and adopted by the
Mayor and City Commission on January 5, 1994 ; and
WHEREAS, the Chief of Police of the City of Miami Beach has
determined that the need for expenditures and appropriation, as
provided for and outlined in the budget attached as Exhibit "A"
exists; and
WHEREAS, funds for said budget are available from the Police
Confiscation Fund.
NOW, THEREFORE BE IT DULY RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that, the Mayor and
City Commission hereby repeals Resolution No. 94-21010 and adopts
this fourth amendment to the Confiscation Fund Budget for the City
of Miami Beach, in the amount of $18, 000 as reflected in Exhibit
"A" .
CURRENT INCREASE AMENDED
BUDGET BUDGET
$242 , 638 $18, 000 $260, 638
That Resolution No. 94-21010 adopted 1/5/94 is hereby
repealed.
PASSED AND ADOPTED THIS 2nd . . i of Februar , 199:+;`
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Or
ATTEST BY:
KA„..,,,A F__ ?)„.,
city Clerk FORM APPROVED
FUNDING APPROVAL: LEGAL DEPT.
" By C D
a if / 2- -
Ma ement & Budget Date I
1. Purchase of Professional Services from the Architectural
firm of Giller and Giller for the new North Beach Sub
Station:
Estimated Cost $10,000
2 . Funding for a drive training program with the Miami-Dade
Community College. The funds will pay for the use of the
driving range, the use of the college's vehicles and the
costs of the rangemaster. This program will be utilized
to train police personnel.
Estimated Cost $8,000
TOTAL ESTIMATED REQUEST: $18, 000
EXHIBIT "A"
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CITY OF MIAMI BEACH
CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH FLORIDA 33139
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OFFICE OF THE CITY MANAGER TELEPHONE: (305) 673-7010
FAX: (305) 673-7782
COMMISSION MEMORANDUM NO. g0-94
DATE: February 2 , 1994
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TO: Mayor'Seymour Gelber and
Members of the City Commission
FROM: Roger M. Canto
City Manager
SUBJECT: POLICE CONFISCATION TRUST ACCOUNT FOR FY 1993/94
FOURTH AMENDMENT
The Administration requests authorization to repeal the third
amendment and to adopt the fourth amendment to the operating
budget for the Police Confiscation Trust Account for FY 93/94
in the amount. of $18 , 000 to be used to provide funds for the
law enforcement expenditures listed in Exhibit "A" .
ADMINISTRATION RECOMMENDATION
The Administration recommends that the Mayor and City
• Commission repeal the third amendment and adopt the fourth
amendment to the operating budget for the Police .Conf.iscation_
Trust Account and appropriate funding.
• BACKGROUND
An, error was made in the amount of funds to be appropriated' in
Commission Memo No. 18-94 approved by the City Commission on
Jan. 5, 1994 . •
Expenditure of forfeiture funds for law enforcement purposes
under the federal guidelines is a proper expenditure.
The Chief of Police of the City of Miami Beach has determined
that the need for expenditures and appropriation exist.
ANALYSIS
Forfeiture funds have been collected pursuant to Asset Sharing
Agreements with various Federal agencies pursuant to 18 USCA
981(e) 2 ; 21 USCA 881 (e) (1) (A) and (e) (3) ; and/or 19 USCA 1616a
and have been deposited in the Police Confiscation Trust
account.
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RMC:LG:ep
AGENDA R_�
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DATE L;? 9 4
AGREEMENT FOR TEMPORARY USE OF
MIAMI•DADE COMMUNITY COLLEGE FACILUTIES " �•_°'�`
Name and Address of Organization Entering Agreement (Herein known as the User)
Miami Beach Police Department_ ATTN: Lt, Jack Bergquist
NAME
1100 Washington Avenue Miami Beach FL 33139
ADDRESS CITY STATE ZIP
(305) 673-7884
NUMBER(TAX EXEMPT NUMBER IF NON-PROFIT ORGANIZATION) TELEPHONE . .
• Specify Type of Activity and Duration Range and Ranaemaster plus 3 cars on each day for the Driving
Training Program for up to 25 days (Dates will be specified later)
ALL RENTERS BE ADVISED THAT THE DISTRICT BOARD OF TRUSTEES, M•DCC DOES NOT PROVIDE
FACILITIES TO ORGANIZATIONS OVER EXTENDED PERIODS OF TIME. RENTALS ARE ON A TEMPORARY
BASIS ONLY, AND USERS ARE URGED TO MAKE OTHER ARRANGEMENTS AS SOON AS POSSIBLE.
1. The Miami-Dade Community College shall:
a. Furnish light,heat and water by means of the appliances Installed for ordinary purposes, but for no other
purposes. Interruptions, delays, or failure In furnishing any of the same caused by anything beyond the
control of the Community College shall not be chargeable to the Community College.
b. Not be responsible for any damage, accidents or injury that may happen to the User of his agents,.ser•
vents, employees, spectators and any and all other participants and/or property from any cause what-
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soever arising out of or resulting from the above described activity during the period covered by this agree-
ment, and the said User hereby releases and holds harmless Miami-Dade Community College from, and
agrees to indemnify it against, any and all claims for such damage, accident, or injury.
c. Reserve the right, In the exercise of its discretion,to rescind and cancel this agreement at any time when,
in its opinion, the purpose or purposes for which the premises herein described are being used or intended
to be used, shall be obnoxious or inimical to the best interests of the Community College;anything herein
contained not withstanding.
d. The activities of M•DCC have first priority and the College reserves the right to alter this schedule by notify-
ing the renting party 48 hours prior to a scheduled event. _
e. At its option, M-DCC attaches a rider which outlines the fee schedule and other detail specifications of
this agreement, and becomes part of this agreement.
!. The User (Organization) shall: •
a. Obtain at the User's own cost and expense any and all licenses or permits required by law or ordinace. '
b. Take the premises as they are found at the time of occupancy by the User.. In the event the User finds it
necessary to remove or change the equipment, the changes shall be made by the User at the User's ex-
p
ense and shall be replaced as found; provided, however, that no'removals or changes shall be made
without prior written consent of the Campus Vice President.
c. Remove from the premises within twenty-four(24)hours following the conclusion of the contracted activity
all equipment and material owned by the User. M•DCC assumes no liability for the User's equipment or
material.
d. Have all deliveries of needed equipment and materials be made only after approved arrangements with
Campus Vice President are received.
e. Not reassign this agreement or sublet the premises or any part thereof or use said premises or any thereof
for any purpose other than that herein specified, without written consent of the Campus Vice President.
f. Not bring on the premises, keep, or posses or use any alcoholic beverages or gambling devices of any
kind.
g. Not use or store or permit to be used or stored In or on any part of the College's premises any substance or
thing prohibited by any law or ordinance, or by standard policies or fire insurance companies operating in
the State of Florida.
h. Save M-DCC.harmless and indemnify it against any claims or liability for workers compensation, and/or
any other public liability and/or property damage liability which may arise or accrue by-reason of use by the
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Nev... r,e • 4. ry i ...•• r r -
user of-the facilities or property of M•DCC;in addition assume full responsibility for the character, acts and
conduct of all persons admitted to the facilities or-property of M•DCC by the consent of the User or his
agents. The User shall protect and indemnify the.College, the Board andlor any officer, agent, or employee
of the College and save them harmless In every way from all suits or actions at law for damage or injuryto
persons, life or property that may arise or be occasioned In any way because of the occupancy of the
facilities or premises.
i. Insurance coverage of combined single limits of S500.000 per occurrence, including defense costs. will be
provided by the College for a fee of S25.00, with the exclusion of any person who is a participant in the ac•
tivity, who shall become the sole responsibility of the User organization.
j. Present to M•DCC ar; ;ance security andlor damage deposit in the amount of S1,000.00 at least twenty-
four (24) hours prior to the event. This deposit shall be either a cashier's check or bond made payable to
Miaml•Dade Community College.The deposit will be returned to the User of the College after all financial
obligations have been fulfilled.
3. Payment of Charges:
a. All payments must be made by check or money order payable to Miami•Dade Community College.
b. Ail payments will be delivered to the Campus Vice President no later than one(1)week after the organiza-
tion has used the College facilities.
c. Any organization not paying the agreed price within the stipulated time after the day of usage will only be
permitted to use College facilities in the future after payment of delinquent charges and in advance of eny
future approved dates.
d. The fees and specific details as needed for the use of Miami•Dade Community College facilities are out lin.
ed in the attached Rider, and become part of this agreement.
4, The Following Regulations Shall be Followed:
a. Activities will not be permitted between 10:00 p.m. and 7:00 a.m.
b. Smoking will not be allowed in the buildings of the College, nor will the use of controlled 'substances
which violate any federal, state or county statutes.
c. Possession andlor consumption of alcoholic beverages is prohibited on all college property.
d. Miami-Dade Community College equipment will not be taken from the College under any conditions and in
the event any equipment Is found missing, User is responsible for its replacement coat.
e. Miami-Dade Community College retains all concession rights and the User may not engage In any selling
of any items except programs.
5. Acknowledgement: • •
a. This agreement will not be binding upon Miami-Dade Community College until accepted and approved by
either the Campus Vice President or his or her designee:Accordingly,the undersigned acknowledges and •
agrees that the formulation of this agreement constitutes the making of a contract within the State of
Florida and agrees to submit to the jurisdiction of the courts in the State of Florida with respect to claims
arising out of the agreement.
b. It is understood that Miami-Dade Community College as used herein shall include the employees, ad.
ministrators, agents, and Board of Trustees of Miami-Dade Community College.
c. I(person requesting permit)
citizen of the State of Florida and of the United States of America, do hereby solemnly swear or affirm that
I will support the Constitution of the United States and of the State of Florida;and I am not a member of the
Communist Party; that I have not and will not lend my aid, support, advice, counsel or influence to the
Communist Party;that I do not believe In the overthrow of the Government of the United States or the State
of Florida by force or violence; that I am not a member of an organization or party which believes in or
teaches, directly or indirectly, the overthrow of the Government of the United States or of Florida by force
or violence. Furthermore, the organization that I represent subscribes to the above statements of loyalty.
Miami-Dade Community College: User:
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Campus Dean for Administration Organization
Date Date
Campus Vice President Titie
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Date Date
:c: College Risk Manager • Signature
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ADDENDUM
AGREEMENT FOR TEMPORARY USE OF
MIAMI-DADE COMMUNITY COLLEGE FACILITIES
ORGANIZATION: Miami Beach Police Department
DATE OF USE: 25 Days (Dates will be specified later)
Use of Driving Range: $25/hour* X 200 hours = $5,000.00
Use of 3 cars each day $5/hour X 3 X 200 hours 3,000.00
Insurance Coverage** N/A
Total Charge 2.04Q00.00
* Includes Range Master Assigned by the Southeast Institute of
Criminal Justice
** Proof of Insurance Required (certificate of insurance must
be attached to this agreement)
Miami-Dade Community College: User:
Campus Dean for Administration Organization
Date Date
Campus Vice President Title
Date Date
Signature
cc: College Risk Manager
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