Miami-Dade Legislative Item
File Number: 221132
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File Number: 221132 File Type: Resolution Status: Adopted
Version: 0 Reference: R-555-22 Control: County Commission
File Name: DONATE SURPLUS POLICE EQUIPMENT TO UKRAINE Introduced: 5/16/2022
Requester: NONE Cost: Final Action: 6/1/2022
Agenda Date: 6/1/2022 Agenda Item Number: 11A16
Notes: 2/3 Vote Members Present Required Title: RESOLUTION DECLARING CERTAIN POLICE EQUIPMENT SURPLUS; WAIVING, BY A TWO-THIRDS VOTE OF BOARD MEMBERS PRESENT, THE PROCEDURE FOR DISPOSITION OF SURPLUS PROPERTY; AUTHORIZING THE DONATION OF POLICE EQUIPMENT TO THE ALL-UKRAINIAN UNION OF THE NATIONAL POLICE; AND AUTHORIZING THE COUNTY MAYOR TO EXECUTE A FOREIGN GOVERNMENTAL ENTITY DONATION AGREEMENT, TO EXERCISE ANY AND ALL OTHER RIGHTS CONFERRED THEREIN, AND TO TAKE ANY AND ALL ACTIONS NECESSARY TO EFFECTUATE THE FOREGOING
Indexes:
  DONATE
  POLICE
  SURPLUS
Sponsors: Sen. Rene Garcia, Co-Prime Sponsor
  Joe A. Martinez, Co-Prime Sponsor
  Jose "Pepe" Diaz, Co-Sponsor
  Sally A. Heyman, Co-Sponsor
  Rebeca Sosa, Co-Sponsor
  Sen. Javier D. Souto, Co-Sponsor
Sunset Provision: No Effective Date: Expiration Date:
Registered Lobbyist: None Listed


Legislative History

Acting Body Date Agenda Item Action Sent To Due Date Returned Pass/Fail

Board of County Commissioners 6/1/2022 11A16 Adopted P
REPORT: Commissioner Souto asked that he be shown as a co-sponsor for this resolution.

County Attorney 5/16/2022 Assigned Christopher J. Wahl 5/18/2022

Legislative Text


TITLE
RESOLUTION DECLARING CERTAIN POLICE EQUIPMENT SURPLUS; WAIVING, BY A TWO-THIRDS VOTE OF BOARD MEMBERS PRESENT, THE PROCEDURE FOR DISPOSITION OF SURPLUS PROPERTY; AUTHORIZING THE DONATION OF POLICE EQUIPMENT TO THE ALL-UKRAINIAN UNION OF THE NATIONAL POLICE; AND AUTHORIZING THE COUNTY MAYOR TO EXECUTE A FOREIGN GOVERNMENTAL ENTITY DONATION AGREEMENT, TO EXERCISE ANY AND ALL OTHER RIGHTS CONFERRED THEREIN, AND TO TAKE ANY AND ALL ACTIONS NECESSARY TO EFFECTUATE THE FOREGOING

BODY
WHEREAS, since February 24, 2022, the men and women of Ukraine have been engaged in combat, bravely defending themselves against Russia’s unprovoked and unjustified invasion, which has amounted to the biggest attack on a European state since World War II; and
WHEREAS, to protect their families, their homes, and their sovereignty, ordinary Ukrainians have joined the Ukrainian military and taken up arms to repel the hostile and aggressive Russian forces that have wrongfully invaded Ukrainian territory; and
WHEREAS, under the leadership of President Volodymyr Zelenskyy, and thanks to the selfless sacrifices of thousands upon thousands of courageous Ukrainians, Ukraine continues to valiantly defend itself and push back the Russian military from Ukrainian lands; and
WHEREAS, Ukraine’s struggle nevertheless continues, and the Ukrainian President has called upon the international community to assist Ukraine; and
WHEREAS, the police equipment described in section 1 below was purchased and is currently owned by Miami-Dade County; and
WHEREAS, the police equipment is obsolete and cannot legally be used by another County department, a municipality in Miami-Dade County, or an eligible community based organization; and
WHEREAS, the Board desires to declare the police equipment surplus; and
WHEREAS, section 2-11.2.1(b) of the Code of Miami-Dade County, Florida (“Code”), provides a procedure for the disposition of County surplus property; and
WHEREAS, pursuant to section 2-11.2.1(d) of the Code, the Board may waive such procedure by a two-thirds vote of the members present and may donate surplus property to a foreign governmental entity upon a finding that the property is obsolete and cannot legally be used by another County department, a municipality in Miami-Dade County, or an eligible community based organization; and
WHEREAS, the All-Ukrainian Union of the National Police (the “Donee”) is a foreign governmental entity and desires to use the police equipment to enhance its ability to provide combat training services for the purpose outlined in the attached foreign governmental entity donation agreement and surplus property allocation application,
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MIAMI-DADE COUNTY, FLORIDA, that:
Section 1. This Board finds that the following police equipment is obsolete and cannot legally be used by another County department, a municipality in Miami-Dade County, or an eligible community based organization:
Description Condition Est. Value
5,000 vests of body armor Obsolete $0
(28 crates of regular vests and
2 pallets of tactical green vests)

Section 2. This Board declares such equipment, with the listed residual value and other characteristics, to be surplus pursuant to chapter 274, Florida Statutes, and section 2-11.2.1 of the Code.
Section 3. By a two-thirds vote of members present and pursuant to subsection (d) of section 2-11.2.1 of the Code, this Board authorizes the waiver of the procedure for the disposition of County surplus property set forth in subsection (b) of section 2-11.2.1 of the Code, and hereby donates the equipment set forth in section 1 above to the Donee.
Section 4. The County Mayor is authorized to execute the foreign governmental entity donation agreement with the Donee in substantially the form attached hereto and incorporated herein by reference and to exercise any and all other rights conferred therein and shall and is hereby directed to take any and all actions necessary to effectuate the intent of this resolution.
Section 5. The Donee shall take possession of the equipment within 90 days of the effective date of this resolution and shall be responsible for any and all costs of transferring the equipment. If, for any reason, the Donee fails to take possession of the equipment within 90 days of the effective date of this resolution, then this resolution shall be null and void, and the ownership rights to the equipment shall revert back to the County.



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