HomeMy WebLinkAbout25625AGREEMENT INFORMATION
AGREEMENT NUMBER
25625
NAME/TYPE OF AGREEMENT
MIAMI-DADE COUNTY & STATE ATTORNEY'S OFFICE
DESCRIPTION
MEMORANDUM OF UNDERSTANDING/GUN VIOLENCE
RESEARCH PROJECT/FILE ID: 8301/R-21-0007/MATTER ID: 25•
1430/#7
EFFECTIVE DATE
ATTESTED BY
TODD B. HANNON
ATTESTED DATE
6/10/2025
DATE RECEIVED FROM ISSUING
DEPT.
6/18/2025
NOTE
ou a 5
MEMORANDUM OF UNDERSTANDING BETWEEN
THE CITY OF MIAMI
AND
THE MIAMI-DADE COUNTY STATE ATTORNEY'S OFFICE
FOR THE GUN VIOLENCE RESEARCH PROJECT
THIS MEMORANDUM OF UNDERSTANDING ("this Agreement") is hereby entered
into between the CITY OF MIAMI, a Florida municipal corporation ("City"), by and through the
CITY OF MIAMI POLICE DEPARTMENT ("MPD"), and MIAMI-DADE COUNTY
STATE ATORNEY'S OFFICE ("SAO"), located at E.R. Graham Building„ 1350 NW 12TH
Avenue, Miami, Florida, 33136, hereinafter collectively referred to as the "Parties", for the Gun
Violence Research Project ("Project"). The Parties acknowledge the following:
WHEREAS, the SAO supports the MPD's priorities to reduce serious violent crime, gun
violence, dismantle gang activity, and strengthen local capacity to combat drug abuse; and
WHEREAS, the SAO assists communities build trust and supports taw enforcement
agencies working with strategic crime reduction efforts and uses this information to understand
and target the issues creating criminal activities; and
WHEREAS, the SAO seeks to analyze data relating to gun violence and homicide to better
inform our collective efforts; and
WHEREAS, the Project will support MPD's aims to reduce crime and mitigate the impacts
on crime victims; and
WHEREAS, the City, through MPD and SAO, endeavors to implement the Project
pursuant to all requirements and guidelines of federal, state, and local laws: and
WHEREAS, the objectives between the Parties under this Agreement include the analysis
of data to encourage and support a comprehensive strategy to reduce serious crimes: and
WHEREAS, the Parties are committed to achieving the maximum benefits through a
partnership to implement and maintain the. Project in the City; and
NOW THEREFORE, in consideration of the foregoing and of the mutual covenants
hereinafter set forth, the Parties agree as follows:
I. PROJECT
The Project will support the FY 2020 Local Law Enforcement Crime Gun Intelligence
Center (CGIC,) Integration initiative by providing the personnel. equipment and software necessary
to analyze gun violence and/or homicide in the City and County. The analysis will inform the
agencies how they can better reduce gun violence and protect victims. For this Project the City, by
and through MPD, shall serve as the "lead" organization.
II. OBLIGATIONS OF THE PARTIES
A. CITY'S OBLIGATIONS:
1. The City, by and through MPD, shall serve as the implementing agency for the Parties to
establish the Project services.
2. MPD shall assign a sworn law enforcement officer to serve as the "Project Coordinator."
The Project Coordinator shall be the liaison between MPD and the Parties to this
Agreement. Additionally, the Project Coordinator shall serve as the primary contact for all
required reporting. The Project Coordinator shall ensure that all MPD officers receive
training regarding the policies and procedures pertaining to the Project.
3. MPD shall assign an Officer to serve as the "Project Director" ("Director") who will
oversee the overall implementation of the Project, facilitate the policy decision -making
process otherwise support the project. The Director shall also review the first year Project
performance and adjust the Project as needed to meet the Project's objectives.
B. SAO'S OBLIGATIONS:
1. SAO shall provide the services required to complete the above -referenced obligations
under this Agreement, including the Scope of Work services contained in "Attachment A".
which is hereby incorporated herein by reference.
III. TERM OF AGREEMENT
1. The term of this Agreement shall begin on October 1, 2020. and will expire on September
30, 2025. The term period of this Agreement is subject to renewal, amendment, or early
termination upon the sole discretion of the Chief of Police or designee. and subject to
available grant funds awarded.
2. The Parties to this Agreement understand and acknowledge that the terms to this
Agreement are completely subject to the availability of funds received by MPD pursuant
to the (CGIC) Integration initiative grant project.
3. Either party may in its sole discretion, with or without cause, at any time, terminate this
Agreement, in whole or in part, upon ten (10) days written notice to the Parties. Such notice
shall be delivered Certified Mail with Return Receipt Requested to the Parties' director at
the address specified in Article XV, Paragraph 3, titled 'Notices' in this Agreement.
Additionally, this Agreement can be terminated immediately, after joint conference with •
all Parties, if it is deemed necessary to protect the health, safety or welfare of the Program
customers.
IV. AVAILABLE FUNDS FOR PROJECT SERVICES
1. The amount of compensation payable by the City to SAO as a contractor shall be based on
the rates quoted in "Attachment B" hereto, which by this reference is incorporated into and
made a part of this Agreement. The total fees available under this Agreement, during the
entire term, cannot exceed a cumulative total of $159,329.00.
2. For services provided by SAO as set forth in this Agreement and respective Scope of Work
attachments, SAO shall provide the City with invoices detailing services delivered within
the invoice period and the costs associated in the performance of those services for the City
to review and compensate.
3. Payment shall be made in arrears based upon work performed to the satisfaction of the City
within thirty (30) days after receipt of Party contractor's invoice for Services performed,
which shall be accompanied by sufficient supporting documentation and contain sufficient
detail, to allow a proper audit of expenditures, should the City require one to be performed.
Invoices shall be sufficiently detailed so as to comply with the grantor's requirements.
V. DATA MANAGEMENT
1. SAO will work with MPD's Project Director and Coordinator during the first quarter to
develop protocols for collecting, tracking, and exporting data reports via e-mail and MPD
reporting systems consistent with the evaluation design and program goals.
VI. CONFIDENTIAL INFORMATION
1. SAO acknowledges it may receive or have access to data that is confidential and proprietary
to MPD. "Confidential Information" shall be defined as data or information which is
provided to SAO in connection with this Agreement in writing and marked "proprietary"
or "confidential" at the time of disclosure, or information which is transmitted to SAO in
connection with this Agreement orally, provided that MPD promptly reduces such
information to a writing delivered to SAO and marked "proprietary" or "confidential".
Notwithstanding the foregoing, all raw data provided by MPD to SAO and all information
that is either individually identifiable or could be used to identify an individual shall be
deemed to be "Confidential Information" regardless of the circumstances of disclosure.
SAO shall that unless expressly authorized in writing by MPD. SAO shall use such
information and property only for performance of this Agreement and shall not disclose,
copy, distribute, or otherwise disseminate the Confidential Information to any third parties
except to the SAO's employees, associates, and Subcontractors who require such
information to perform the Services specified in this Agreement. SAO shall protect the
Confidential Information using the same degree of care it uses to protect its own
Confidential Information using no less than a reasonable degree of care.
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2. Notwithstanding paragraph 1 above, Confidential Information shall not includeaggregate
results, data or extrapolations ('`Research Findings''), provided that no raw data,
information that is individually -identifiable or information that could lead to identifying an
individual provided by MPD is included in such Research Findings.
3. However, such obligation will not apply to information that SAO can demonstrate by its
written records was: (a) previously known to SAO; (b) acquired by SAO from a third party
having the right to disclose such information; (c) known to the public through no fault of
SAO; or (d) is required by law, judicial order, or subpoena to be disclosed by SAO. SAO
shall maintain data protection processes and systems sufficient to protect MPD provided
information and property. SAO shall promptly report_to MPD any discovered unauthorized
access to or use of information.
4. The foregoing obligations with respect to Confidential Information will survive the
expiration or termination of this Agreement for a period of three (3) years or such longer
period as required by law, regulation, or court order.
VII. PROGRAM ENHANCEMENT AND QUALITY IMPROVEMENT.
1. A Performance Improvement Plan will assist the program in, attaining its goals and
objectives and improve program quality. MP[:) personnel will be involved in ongoing
qualitymanagement, measurement, and feedback processes. Process data will be examined
relating programmatic processes to socio-demographic; van ah1es identify a correlation.
Findings will be reported to MPD.
VIII. INDEMNIFICATION
1. SAO shall indemnify, defend and hold hannless the City and its officers, directors,
employees, agents, representatives, affiliates, successors and permitted assigns
(collectively, "City Indemnified Parties") against any and all losses, damages, liabilities,
deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines,
costs, or expenses of whatever kind, including reasonable attorneys' fees, and attorneys'
fees and the costs of enforcing any right to indemnification under this Agreement, and the
attorneys' fees and cost of pursuing any insurance providers, incurred by City Indemnified
Parties or awarded against City Indemnified Parties relating to. arising out of, or resulting
from: (1) any claim of a third party arising out of or occurring in connection with SAO's
gross negligence, willful misconduct, violation of any applicable law or regulation, or
breach of this Agreement; (2) the ownership. licensing, selection, possession, leasing,
renting, operation, control, use, maintenance, delivery, return, or other disposition of the
operation or services that results in any personal injury, wrongfiil death, or property
damage resulting in relation to the scope of work services. and/or (3) any claim by any
third party unaffiliated with City relating to, arising out of, or concerning any infringement
or misappropriation of the Intellectual Property rights ofa third party to the extent any such
third party claim of infringement or other violation of any Intellectual Property right of any
such third party. The indemnities provided in this Article shall survive the termination or
expiration of this Agreement.
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IX. INSURANCE
1. To provide continuous adequate liability insurance coverage during the, existence of this
agreement and any renewals(s) and extension(s). By execution of this agreement, unless
it is a state agency or subdivision as defined by subsection 768.28(2). F.S., the contractor
accepts full responsibility for identifying and determining the type(s) and extent of liability
insurance necessary to provide reasonable financial protections for the contractor and the
customers to be served under this agreement. Upon execution of this agreement, the
contractor shall furnish to the City written verification supporting both the determination
and existence of such insurance coverage. Such coverage may be provided by a self-
insurance program established and operating under the laws of the State of Florida. The
City reserves the right to require additional insurance as may be specified in this agreement.
2. The City and its employees shall at all times be covered by general liability insurance, with
limits of coverage no less than $2,000,000 per occurrence and $2.000,000 annual aggregate
and professional liability with limits of coverage no less than $1.000,000 per occurrence
and $3,000,000 in the annual aggregate. Certificates evidencing such coverages shall be
furnished to Subrecipient upon request.
X. WAIVER OF CONSEQUENTIAL DAMAGES
1. In no event shall any Party be Iiable to another Party for any indirect, special, punitive or
consequential damages, or loss of revenue or profits, arising in connection with this
Agreement.
XL COMPLIANCE WITH LAWS
Each of the Parties hereto shall comply and assure that any employee, personnel, representatives,
agents, contractors, other contractors, subcontractors and vendors engaged by them in the
performance of this Agreement shall comply with all applicable laws and regulations, including:
the ADA; all federal, state and local laws; laws relating to fair employment practices; laws
pertaining to health, fire, or public safety; all applicable laws pertaining to the provision of medical
services and all other applicable laws. In connection with the performance of work under this
Agreement, no party hereto shall (i) discriminate against any person. or (ii) refuse to hire or
promote, or discharge or demote, or discriminate in matters of compensation against any person
otherwise qualified, in either case solely because of that person's race, color. creed, religion, sex,
gender identity, age, national origin, military status, physical or mental disability, marital status,
sexual orientation or any other legally protected basis. The parties further agree to insert the
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foregoing provision in all contracts and subcontracts entered into in furtherance of the transactions
contemplated by this Agreement.
XII. COMPLIANCE WITH GRANT REQUIREMENTS
1. Each of the Parties hereto shall comply and assure that any employee, personnel,
representatives, agents, contractors, other contractors, subcontractors and vendors engaged
by them in the performance of this Agreement shall comply with all applicable
requirements of the FY 2020 Local Law Enforcement Crime Gun Intelligence Center
(CGIC) Integration initiative grant award grant to the City.
2. The Parties acknowledge that they are familiar with and agree to comply with the DOJ
Grants Financial Guide requirements and policies. References to the DOJ Grants Financial
Guide are to the DOJ Grants Financial Guide as posted on the OJP website (currently, the
"DOJ Grants Financial Guide" available at https://ojp.gov/financialguide/DOJ/index.htrn),
including any updated version that may be posted during the period of performance under
this Agreement.
XIII. REPRESENTATIONS AND WARRANTIES OF EACH PARTY TO THIS
AGREEMENT
1. Each Party to this Agreement hereby represents and warrants to each of the other parties
hereto as follows:
a. Each Party to this Agreement has full legal right, power and authority to enter into and
perform this Agreement.
b. Each Party to this Agreement has taken all corporate action to authorize and approve
the execution, delivery and performance of this Agreement on behalf of their respective
SAO.
c. This Agreement has been duly and validly authorized, executed and delivered by each
Party and, assuming the due authorization and execution hereof by the other Parties
hereto, constitutes the legal, valid and binding obligation of the City enforceable in
accordance with its terms, except as such enforceability may be limited by bankruptcy,
insolvency and other laws affecting creditors' rights or remedies and the availability of
equitable remedies generally and by principles of public or governmental policy
limiting the enforceability of indemnification provisions.
d. The execution, delivery, and performance of this Agreement by each Party to this
Agreement does not conflict with, or constitute on the part of their respective entities,
a violation of, breach of, or default under any provision of its Articles of Incorporation
and/or bylaws, or any statute, indenture, resolution, mortgage, deed of trust, note
agreement or other agreement or instrument to which the their respective SAO is party
or by which the Party is bound, or any order, rule. or regulation of any court or
governmental agency or body having jurisdiction over each Party or any of its activities
or properties.
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e. There is no action, suit, proceeding, inquiry, or investigation, at law or in equity,
pending before any court, public board, or body, or, to each Party to this Agreement
knowledge, threatened, against or affecting each Party. wherein an unfavorable
decision, ruling or finding would materially adversely affect the transactions
contemplated by, or the validity or enforceability of, this Agreement.
f. None of the Parties, nor any person in its behalf, has paid or agreed to pay any
commission, percentage or fee of any kind to any person or SAO contingent upon or
resulting from entering into or performing this Agreement.
XIV. MEDIATION AND DISPUTE SETTLEMENT
1. In the event of a dispute arising out of or relating to this Agreement or its operation,
performance or non-performance, the Parties agree to make a good faith effort to amicably
resolve their dispute on mutually acceptable terms via negotiation. If that should prove
unsuccessful after thirty (30) days, then the Parties agree to submit their dispute to
mediation in Miami -Dade County, Florida. utilizing a neutral third -party mediator
acceptable to the Parties to attempt to facilitate a mutually acceptable settlement of the
dispute.
2. The Party requesting mediation shall serve upon the other parties to the dispute or claim a
written demand for mediation stating the substance of the dispute or claim and the
contention of the party requesting mediation, and the name, address and telephone number
of at least three (3) mediators qualified to mediate the dispute or claim.
XV. MISCELLANEOUS PROVISIONS
1. Further Assurances. Each of the parties hereto agrees to take or cause to be taken such
further actions, to execute, deliver and file or cause to be executed. delivered and file such
further documents, and to use best reasonable efforts to obtain such consents, as may be
necessary or as may be reasonably requested in order to fully effectuate the purposes, terms
and conditions of this Agreement. Such actions shall include fully and effectively settling
or resisting and defending against any action by any third party which would interfere with
the full and timely performance of this Agreement by any party.
2. Liability. Nothing in this Agreement shall be construed to constitute any party to be a
partner, joint venture, employee or agent of any other party. nor shall any party have
authority to bind the other in any respect, it being intended that each party shall remain an
independent contractor, and except as otherwise provided herein. solely responsible for its
own actions. The City shall not be liable under any contracts or obligations of each Party
apart from this Agreement, or for any acts or omissions of each other Party or its officers,
directors, members, employees, agents. Contractors, Subcontractors or vendors at any time.
3. Notices. Any notice required or desired to be served. given or delivered hereunder shall
be in writing, and shall be deemed to have been validly served, given or delivered (a) ten
(10) days after deposit in the United States mails by registered or certified mail, postage
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prepaid, return receipt requested, (b) when sent after receipt of confirmation or answerback
if sent by telecopy, or other similar facsimile transmission, (c) one (1) day after deposited
with a reputable overnight courier with all charges prepaid, or (d) when delivered, if hand -
delivered by messenger, all of which shall be properly addressed to the party to be notified
and sent to the address or number indicated as follows:
If to the City of Miami:
Art Noriega,
City Manager
444 SW 2nd Avenue, 10th Floor
Miami, FL 33130-1910
With a copy (which shall not constitute notice) to:
George K. Wysong, III,
City Attorney
444 SW 2nd Avenue, Suite 945
Miami, FL 33130-1910
If to the SAO:
Attn:
Annette Perez
Executive Director
1350 NW 12th Avenue, Miami, Florida, 33136
Phone Number: 305-610-3585
Email: Stephenktalpins@miamisao.com
or such other address as shall have been specified in writing by either Party to the other.
4. Severability. If any one (1) or more of the covenants, agreements, provisions or terms of
this Agreement, or any other agreement, document or writing given pursuant to or in
connection with this Agreement, is held invalid for any reason whatsoever, then the
covenants, agreements, provisions or terms will be deemed severable from the remaining
covenants, agreements, provisions or terms of this Agreement and will in no way affect the
validity or enforceability of the other provisions of this Agreement.
5. Survival. All governing law, warranties, indemnities, termination and retention of records
made in this Agreement shall survive the termination of this Agreement and any
investigation, audit or inspection made by any other party.
6. Waiver. Neither the waiver by any party hereto of a breach of or default under any of the
provisions of this Agreement, nor the failure of any party to enforce any of the provisions
of this Agreement or to exercise any right or privilege hereunder shall thereafter be
construed as a waiver of any subsequent breach or default of a similar nature or as a waiver
of any other provisions, rights or privileges hereunder. No failure or delay on the part of
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any party in exercising any right, power or privilege hereunder shall operate as a waiver
thereof.
7. Assignment and Binding Effect. This Agreement shall be binding upon and shall inure to
the benefit of the parties hereto and their respective successors and assigns, provided that
this Agreement shall not be assignable by any party without the prior written consent of
the other parties hereto except, in the case of assignment by the City to another organization
affiliated with the City.
8. Amendment. No amendment, modification or discharge of this Agreement, and no waiver
hereunder, shall be valid or binding unless set forth in writing and duly executed by the
party against whom enforcement thereof is sought.
9. Entire Agreement. This Agreement, including all Attachments hereto. constitute the entire
agreement among the parties hereto with respect to the subject matter hereof, and supersede
all prior oral or written agreements, commitments, understandings or proposals with
respect to the matters provided for herein.
10. Headings. Paragraph headings contained in this Agreement are inserted for convenient
reference only, shall not be deemed to be a part of this Agreement for any purpose, and
shall not in any way define or affect the meaning, construction or scope of any of the
provisions hereof.
11. Governing Law. This Agreement, the rights and obligations of the parties hereto, and any
disputes or claims relating thereto, shall be governed by and construed in accordance with
the laws of the State of Florida. This Agreement will be interpreted without reference to
any law, rule or custom construing this. Agreement against the party which drafted this
Agreement.
12. Time is of the Essence. All times, wherever stated in this Agreement, shall be of the
essence of this Agreement.
13. Examination of Records. The City agrees that any duly authorized representative of each
of the Parties shall, until the expiration of three (3) years after the final funding is dispersed
under this Agreement, have access to and the right to examine any books, documents,
papers and records of the City involving transactions related to this Agreement.
14. Florida Public Records and Government in the Sunshine Requirements. Notwithstanding
and prevailing over any provision in this Agreement, the Parties agree and acknowledge
that the City and the SAO are each a governmental SAO subject to the State of Florida's
open government laws, including the Florida Public Records Law in Chapter 119 of the
Florida Statutes and the Florida's Government -in -the -Sunshine Law in Chapter 286 of the
Florida Statutes. The Parties agree and acknowledge that pursuant to Florida's open
government laws the City's governing body, the Miami City Commissioners, shall each
take up for consideration the approval of this Agreement in a public meeting. By entering
into this Agreement, the Parties acknowledge that they are subject to and will comply with
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Chapter 119 Public Records Laws, Florida Statutes, as amended from time to time, to the
extent applicable.
15. Government SAO Rights as Sovereign & No Liability for Exercise of Police Power.
Notwithstanding and prevailing over any contrary provision in this Agreement, it is
expressly understood that the government entities that are a Party to this agreement retain
all of their sovereign prerogatives and rights as a state, county or city SAO under Florida
laws and shall in no way be estopped from withholding or refusing to issue any approvals
of applications for building, zoning, planning or development under present or future laws
and regulations of whatever nature. The government entities shall not by virtue of this
Agreement be obligated to grant the non -government entities in this Agreement any
approvals of applications for building, zoning, planning, improving, equipping, or
development under present or future laws and ordinances of whatever nature.
IN WITNESS WHEREOF, the Parties have caused this Agreement to be duly executed on their
behalf as of the date of this Agreement:
For CITY OF MIAMI, a municipal
corporation:
Art Noriega,
City Manager
odd B. Hannon.
City Clerk
APPROVED AS TO LEGAL FORM APPROVED AS TO
INSURANCE AND CORRECTNESS: REQUIREMENTS:
/4/ -a- Jfna_.
eorge K. Wysong,`III
City Attorney
(JCP / 25-1430 - MDC SAO - Gun Violence Research Proj)
David Ruiz, Interim
Risk Management Director
Counterparts and Electronic Signatures. This Agreement may be executed in any number of counterparts,
each of which so executed shall be deemed to be an original, and such counterparts shall together constitute but
one and the same Agreement. The parties shall be entitled to sign and transmit an electronic signature of this
Agreement (whether by facsimile, PDF or other email transmission), which signature shall be binding on the
party whose name is contained therein. Any party providing an electronic signature agrees to promptly execute
and deliver to the other parties an original signed Agreement upon request. 10
For MIAMI-DADE COUNTY STATE ATTORNEY'S OFFICE:
Date:
Katherine Fernandez Rundle
State Attorney
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Attachment A
Scope of Work:
1. The SAO will utilize overtime funds to support gun crimes investigations in the
following amounts, as identified in the FY 2020 Local Law. Enforcement Crime Gun
Intelligence Center (CGIC) Integration initiative budget.
2. The SAO will purchase the following software, as identified in the FY 2020 Local Law
Enforcement Crime Gun Intelligence Center (CGIC) Integration initiative budget:
a. ArcGIS licenses and training subscriptions
b. IBM 12 Analyst's Notebook licenses
3. The SAO will purchase the following hardware_ as identilied in the FY 2020 Local Law
Enforcement Crime Gun Intelligence Center (CGIC) Integration initiative budget:
a. Laptop computers
b. Desktop computer
c. Computer monitors
d. Computer Accessories
For further information, see that attached updated budget for the grant.
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Attachment 13
ANTI -HUMAN TRAFFICKING AFFIDAVIT
1. The undersigned affirms, certifies, attests, and stipulates as follows:
a. The SAO is a governmental entity authorized to transact business in the State of
Florida.
b. The SAO is either executing, renewing, or extending a contract (including, but not
limited to, any amendments, as applicable) with the City of Miami ("City") or one of its
agencies, authorities, boards, trusts, or other City entity which constitutes a governmental
SAO as defined in Section 287.138(1), Florida Statutes (2024).
c. The SAO is not in violation of Section 787.06, Florida Statutes (2024), titled "Human
Trafficking."
d. The SAO does not use "coercion" for labor or services as defined in Section 787.06,
Florida Statutes (2024).
2. Under penalties of perjury, pursuant to Section 92.525, Florida Statutes, I declare the
following:
a. I have read and understand the foregoing Anti -Human Trafficking Affidavit and that
the facts, statements and representations provided in Section 1 are true and correct.
b. I am an officer, a representative, or individual of the SAO authorized to execute this
Anti -Human Trafficking Affidavit.
FURTHER AFFIANT SAYETH NAUGHT.
Entity/Individual: Miami -Dade County State Attorney's Office
Name: Katherine F
Signature:
Office Address: E.R. Graham Build g, 1350 NW 12th Avenue, Miami, Florida. 33136
Email Address: stephenktalpins:i nirunisao.com Main Phone Number: 305-610-3585
z Rue Attorney
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