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95-21693 Reso • RESOLUTION No. 95-21693 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, ADOPTING THE FIFTH AMENDMENT TO THE POLICE CONFISCATION TRUST FUND FOR FISCAL YEAR 1994/95, IN THE AMOUNT OF $38,600, TO BE FUNDED FROM THE PROCEEDS OF CONFISCATED FUNDS ($23,795 FROM STATE FUNDS AND $14,805 FROM FEDERAL FUNDS) WHEREAS, Section 932 .705, Florida Statutes, addresses the purposes and procedures to be utilized for the appropriation and expenditures of the Police Confiscation Trust Fund; and WHEREAS, the Chief of Police of the City of Miami Beach has determined that the need for expenditures and appropriation exists and the expenditure or appropriation of forfeiture funds is in compliance with Section 932 . 705, Florida Statutes and with federal guidelines; and WHEREAS, such funds are available in the Police Confiscation Trust 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 adopt the Fifth Amendment to the 94/95 Police Confiscation Trust Fund Budget for the City of Miami Beach, in the amount of $38 , 600, as reflected in Exhibit "A" . CURRENT INCREASE AMENDED BUDGET BUDGET $801,738 $38, 600 $840 ,338 PASSED AND ADOPTED THIS 13th .ay of September , 1995 ALA- M or A TEST Y: FORM APPROVED ity e k al D pt. FUN A ROVED By Date 9 6/QS Mana m t and Budget CONCLUSION The proper procedure has been complied with in accordance with Florida State Statute 932 .705. 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 USCA 1616a and have been deposited in the Police Confiscation Trust Fund. JGP:RB:ep AFFIDAVIT I, Richard Barreto, Acting 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 1994/95 fiscal year providing funds expenditures as indicated in Exhibit "A" complies with the provisions of Section 932 . 704 (3) (a) , Florida Statutes and with federal guidelines. 1) Ric ar arreto Acting Chief of Police Miami Beach Police Department Date POLICE CONFISCATION TRUST FUND FIFTH BUDGET AMENDMENT FISCAL YEAR 1994/95 STATE FUNDS: Off-Set printing of the Miami Beach $5, 045 Police Department 1994 Annual Report Fuel for Crime Watch members' vessels participating in the Marine Patrol Crime Watch Program 1, 600 Magnetic Signs for the Crime Prevention Van 120 Training/Travel for members of the MBPD 15, 000 Video Equipment for the Community Policing Unit 2 , 030 SUB-TOTAL $23,795 FEDERAL FUNDS: Promotional items to be given away to dignitaries visiting during the International Association of Chiefs of Police Annual Convention being held in Miami Beach - October 1995 1, 300 Final Architect Fees for North Sub-Station 4 , 545 Cash Match for the Victims of Crime Act (VOCA) Grant 8 , 960 SUB-TOTAL $14,805 GRAND TOTAL $38, 600 EXHIBIT HA" CITY OF MIAMI BEACH CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH FLORIDA 33139 COMMISSION MEMORANDUM NO. 4, b 9-9S TO: Mayor Seymour Gelber and Members of the City Commission DATE: September 13 , 1995 FROM: Jose Garcia-Pedrosa City Manager / /` SUBJECT: FIFTH AMENDM 'T TO THE POLICE CONFISCATION TRUST FUND BUDGET FOR FISCAL YEAR 94/95 The Administration requests authorization to adopt the Fifth Amendment to the operating Budget for the Police Confiscation Trust Fund for FY94/95 in the amount of $38 , 600 ($23 , 795 from State Confiscated funds and $14,805 from Federal confiscated funds) 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 adopt the fifth amendment to the operating budget for the Police Confiscation Trust Fund and appropriate funding. BACKGROUND Expenditure of forfeiture funds for law enforcement purposes under the federal guidelines is a proper expenditure. Florida Statute 932 . 705 provides for, but is not limited to, expenditure of forfeiture funds for crime prevention and other law enforcement purposes. The Chief of Police of the City of Miami Beach has determined that the need for expenditures and appropriation exist and the expenditure or appropriation of forfeiture funds is in compliance with Section 932 . 705, Florida Statutes. ANALYSIS In accordance with Florida Statute 932 .705, forfeiture funds have been deposited in the Police Confiscation Trust Fund and all other statutory procedures have been complied with. • AGENDA ITEM C-1- (1 DATE ` -1 3-c5 CONCLUSION The proper procedure has been complied with in accordance with Florida State Statute 932 .705. 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 USCA 1616a and have been deposited in the Police Confiscation Trust Fund. JGP:RB:ep EMS MEDICAL DIRECTOR AGREEMENT THIS AGREEMENT made this 13th day of September, 1995 by and between the CITY OF MIAMI BEACH,a Florida Municipal Corporation having an address of 1700 Convention Center Drive,Miami Beach, Florida 33139 (City), and HARRY HEINITSH, M.D.,having an address of 6396 Manor Lane, Apartment 6, South Miami, Florida 33143 (Contractor). WITNESSETH WHEREAS,The City wishes to enter into an agreement for Medical Director of the City's Emergency Medical Services (EMS) provided by the City's Fire Department (Agreement); and WHEREAS, Contractor wishes to serve as the Medical Director for the City's EMS service. NOW THEREFORE, in consideration of the mutual covenants and other go' 34od and valuable consideration the receipt and sufficiency of which is hereby acknowledged the parties agree as follows: 1. Term. The term of the Agreement shall be for one(1)year,commencing on the 1st of October 1995, and ending on the 30th Day of September 1996. The term may be extended by mutual agreement of the parties hereto. 2. Services. Contractor agrees to direct and coordinate the delivery of the City's EMS system in accordance with the State of Florida Department of Health and Rehabilitative Services ; F.A.C. 10D66.0505 Medical Direction, F.S. 401.265 Medical Directors, and other pertinent State, County and Local Laws. A copy of 10D66.0505 and F.S.401.265 are attached hereto as Exhibit"A" and by reference made a part hereof Contractor acknowledges that he has read and is familiar with the foregoing codes and statues. 3. Payment. City agrees to pay Contractor compensation for the above services at an annual rate of fifty eight thousand one hundred thirty one dollars ($58,131.00), payable in 26 equal bi-weekly amounts. 4. Medical Malpractice Insurance. City agrees to provide, on behalf of Contractor, medical malpractice liability insurance for the period of time he acts as the City's Medical Director. Such insurance shall cover Contractor only for the activities relating to Contractor's capacity as Medical Director and not to any other activities of Contractor. City shall have the option to self insure Contractor's medical malpractice liability, to the extent permitted by law, but only up to the limits of liability set forth in Section 768.28, Florida Statutes. 5. No Partnership. Nothing herein contained shall create or be construed as creating a co- partnership between the City and the Contractor or to constitute the Contractor as an agent of the City. . Contractor shall be deemed to be an independent contractor and not an agent or employee of the City; and shall not attain any rights or benefits under the Civil Service or Pension Ordinance of the City; or any rights generally afforded classified or unclassified employees. Furthermore, he shall not be entitled to Florida Workman's Compensation benefits as an employee of the City or accumulation of sick or annual leave. 6. It is further agreed that this Agreement may be altered, extended and amended only upon the prior written consent of both parties. Contractor shall not assign,transfer or subcontract his rights and obligations under this Agreement. 7. The Contractor covenants that he presently has no interest and shall not acquire any interest, direct nor indirectly, which should conflict in any manner or degree with the performance of the services to be provided hereunder. 8. This Agreement may be terminated without cause for the convenience of either party at any time upon furnishing sixty (60) days' written notice to the other party. In the event of termination for convenience of either party, the Contractor shall be paid a sum equal to all payments due to him up to the date of termination of this Agreement, provided Contractor is continuing to provide all services pursuant to the Agreement up to the date of termination. 9. Contractor agrees to indemnify, defend and hold harmless, the City of Miami Beach and its officers, employees and agents, from and against any and all actions, claims, liabilities, losses and expenses, including,but not limited to,attorney's fees,for personal,economic or bodily injury, wrongful death, loss of or damage to property, in law or in equity, which may arise or be alleged to have arisen from the negligent acts or omission or other wrongful conduct of the Contractor in connection with the Contractor's performance of services pursuant to this Agreement. The Contractor's obligation under this article shall not include the obligation to indemnify the City of Miami Beach and its officers,employees and agents,from and against any actions or claims which arise or are alleged to have arisen from negligent acts or omissions or other wrongful conduct of the City and its officers, employees or agents. The parties each agree to give the other party prompt notice of any claim coming to its knowledge that in any way directly or indirectly affects the other party. 10. The City desires to enter into this Agreement only if in so doing the City can place a limit on City's liability for any cuase of action for money damages due to an alleged breach by the City of this Agreement, so that its liability for any such breach never exceeds the sum of$58,131.00 Contractor hereby expresses its willingness to enter into this Agreement with Contractor's recovery from the City for any damage action for breach of contract to be limited to a maximum amount of$58,131.00 less the amount of all funds actually paid by the City to Contractor pursuant to this Agreement. Accordingly, and notwithstanding any other term or condition of this Agreement, Contractor hereby agrees that the City shall not be liable to • Contractor for damages in an amount in excess of$58,131.00 which amount shall be reduced by the amount acually paid by the City to Contractor pursuant to this Agreement for any action or claim for breach of contract arising out of the performance or non-performance of any obligations imposed upon the City by this Agreement. Nothing contained in this subparagraph or elsewhere in this Agreement is in any way inteneded to be a waiver of the limitation placed upon City's liability as set forth in Section 768.28, Florida Statutes. 11. All notices under the term of this Agreement shall be sent to the following: CONTRACTOR: DR. HARRY HEINITSH 6396 MANOR LANE APT. #6 SOUTH MIAMI, FL 33143 CITY: CITY OF MIAMI BEACH 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FL 33139 WITH COPIES TO: OFFICE OF THE CITY ATTORNEY CITY OF MIAMI BEACH 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FL 33139 12. ARBITRATION: Any controversy or claim for money damages arising out of or relating to this Agreement,or the breach hereof,shall be settled by arbitration in accordance with the Commerical Arbitration Rules of the American Arbitration Association,and the arbitration award shall be final and binding upon the parties hereto and subject to no appeal, and shall deal with the question of the costs of arbitration and all matter related thereto. In that regard,the parties shall mutually selet an arbitrator,but to the extent the parties cannot agree upon the arbitrator, then the American Arbitration Association shall appoint one. Judgement upon the award rendered may be entered into any court having jurisdiction, or application maybe made to such court for an order of enforcement. Any controversy or claim other than a controversy or claim for money damages arising out of or relating to this Agreement,or the breach thereof, including any controversy or claim relating to the right to specific performance shall be settled by litigation and not arbitration. IN WITNESS WHEREOF,the parties hereto have caused this Agreement to be executed by their appropriate officials, as of the date first entered above. ATTEST CITA OF MIAMI BEA CITY CLE +' YO 17 WITNESS CONTRACTOR / ).1GG o, BY: \>1 - HARRY H ITSH, M.D. FORM APPROVED LEG L DEPT. C Rescue\AgrcReso HH By — c Date