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Home My WebLink AboutReso 2015-2490 RESOLUTION NO. 2015- 2,4 9 0 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, APPROVING AN AGREEMENT WITH THE STATE OF FLORIDA,OFFICE OF THE STATE ATTORNEY FOR THE ELEVENTH JUDICIAL CIRCUIT OF FLORIDA TO REIMBURSE THE STATE FOR THE COST OF STATE ATTORNEY PROSECUTION OF CERTAIN CRIMINAL VIOLATIONS OF THE CODE OF THE CITY OF SUNNY ISLES BEACH; AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT; PROVIDING THE CITY MANAGER AND CITY ATTORNEY WITH THE AUTHORITY TO DO ALL THINGS NECESSARY TO EFFECTUATE THE INTENT OF THIS RESOLUTION; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS,the City finds that in order to maintain and improve the health, safety, and welfare of this community, it is necessary to adequately enforce and prosecute violations of the City's Code; and WHEREAS, Section 27.02, Florida Statutes, authorizes the State Attorney for the Eleventh Judicial Circuit of Florida ("State Attorney") to enter into agreements with municipalities to reimbursement the state for the costs associated with the prosecutions of criminal prosecutions; and WHERAS, the City, and the State Attorney have agreed to enter into an agreement for the prosecution of said municipal violations for the 2015-2016 fiscal year. NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS: Section 1. Approval of Agreement. The Agreement by and between the City of Sunny Isles Beach and the State Attorney for the Eleventh Judicial Circuit of Florida, attached hereto as Exhibit "A", be and the same is hereby approved. Section 2. Authorization of the Mayor. The Mayor is hereby authorized to execute the attached Agreement, attached hereto and made a part hereof as Exhibit "A". Section 3. Authorization of the City Manager and City Attorney. The City Manager and the City Attorney are hereby authorized to do all things necessary to effectuate the terms of this Resolution. Effective Date. This Resolution shall become effective upon adoption. PASSED AND ADOPTED this 19th day of Novemb- , 201 . George . Scholl, Mayor ` ATTEST: .'• 41MAIII_AL. ' la ,_1_. . ane • .Hines, MMC, City Clerk -1 APPROVED AS TO FORM AND i, A IUFFICIENCY ed. / idit1 H. s 0• not, City Attorney Moved by: 0__In Wwnst/s.k-t-t-A-4A_-- — 10 J) Seconded by: V kc co IA(12py' 6f -T•TU Vote: =0 Mayor Scholl /(Yes) (No) Vice Mayor Gatto 4/(Yes) (No) Commissioner Aelion J'(Yes) (No) Commissioner Goldman 1/, ( Yes) (No) Commissioner Levin ✓ (Yes) (No) AGREEMENT BETWEEN CITY OF SUNNY ISLES BEACH AND THE STATE OF FLORIDA, OFFICE OF THE STATE ATTORNEY FOR THE ELEVENTH JUDICIAL CIRCUIT OF FLORIDA TO REIMBURSE THE STATE FOR THE COST OF STATE ATTORNEY PROSECUTION OF CERTAIN CRIMINAL VIOLATIONS OF THE C (F c � unt SLeS pct+ CODE This agreement is entered into this 19 day of NovErnfea- , 2015, by and between City of Sunny Isles Beach, a political subdivision of the State of Florida (hereinafter referred to as the "City") and the Office of the State Attorney for the Eleventh Judicial Circuit of Florida(hereinafter referred to as "State Attorney"). WHEREAS, the City finds that in order to maintain and improve the health, safety, and welfare of this community, it is necessary to adequately enforce and prosecute violations of the City's Municipal Code; and WHEREAS, Section 27.02, Florida Statutes, authorizes the State Attorney to prosecute municipal ordinance violations punishable by incarceration if ancillary to state prosecution or, if not ancillary to state prosecution, when the State Attorney contracts with the City for reimbursement. NOW, THEREFORE, the parties hereto agree as follows: ARTICLE I Services The State Attorney agrees to prosecute municipal ordinance violations as authorized in Sections 27.02, and 27.34, Florida Statutes. The City agrees to remit, subject to the terms outlined in Article III of this agreement, to the State Attorney the required funds to reimburse for costs associated with the prosecution of violations of the Municipal Code for the period of October 1, 2015 through September 30, 2016. The State Attorney shall provide such clerical and professional personnel as may be required for the performance of any of the functions of the State Attorney as set forth in this agreement. This agreement does not commit the City to pay for the prosecution of Municipal Code violations ancillary to state prosecution or for the prosecution of municipal ordinance violations not punishable by incarceration. This agreement specifically does not authorize the State to handle appeals of municipal ordinances on constitutional grounds, which shall remain the responsibility of the municipality that passed the ordinance. ARTICLE II Terms This agreement shall expire on September 30, 2016, unless terminated earlier pursuant to Article VII of this agreement. Under no circumstances shall the City be liable to continue or extend this agreement beyond this date. This agreement may only be amended in writing, through a document executed by duly authorized representatives of the signatories to this agreement. ARTICLE III Payment Schedule The City agrees to reimburse the State Attorney on an hourly basis for services rendered at a rate of Fifty dollars ($50) per hour. On a quarterly basis, the State Attorney shall provide the City with an invoice including, but not limited to, the hours of services rendered, number of cases prosecuted as set forth in this agreement, and the total amount due for payment for the previous month. The City shall remit each payment within ten (10) days after receiving said invoice from the State Attorney. ARTICLE IV Responsibilities The City does not delegate any of its responsibilities or powers to the State Attorney other than those enumerated in this agreement. The State Attorney does not delegate any of its responsibilities or powers to the City other than those enumerated in this agreement. ARTICLE V Reporting All required reports shall be submitted to the . ARTICLE VI Indemnification It is expressly understood and intended that the State Attorney is only a recipient of the reimbursements paid by the City and is not an agent of the City. The respective parties agree, subject to the provisions of Chapter 768.28 (17), Florida Statutes, that they will hold each other harmless from any claims arising from this agreement. ARTICLE VII Termination Either party may terminate this agreement at any time with or without cause by furnishing written notice to the other party with no less than ninety (90) days notice. ARTICLE VIII Service Charges This agreement is contingent upon all City funding provided, and any interest earned thereon, not being subject to any State service charges or administrative assessments. ARTICLE IX Non-Discrimination The State Attorney agrees to abide and be governed by Title II of the Americans with Disabilities Act of 1990, Title VI and VII, Civil Rights Act of 1964 (42 USC 200d, e) and Title Viii of the Civil Rights Act of 1968, as amended, which provides in part that there will not be discrimination of race, color, sex, religious background, ancestry, or national origin in performance of this contract, in regard to persons served, or in regard to employees or applicants for employment and it is expressly understood that upon receipt of evidence of discrimination, the City shall have the right to terminate said agreement. IN WITNESS THEREOF, the parties have caused this agreement to be executed by their respective and duly authorized officers the day and year first above written. ATTEST:- - NAM ' City ommi lion 4j .- -`,.I - c:‘,Ni. By. I. 11 ,' 4 ,. A.. 1/A 1.h ' B : ' ' POSITIO ' • _. 4'oQ G b G . SC-41LL ATTEST TTEST State Attorney's Office Eleventh Judicial Circuit BY: / 1...J.i_iii - "LP -- By: dit- ' I Don L. Horn Chief Assistant State Attorney for Administration APPRO ' D A TO FORM •% CIENCY Ai ii MT-1 NO',CITY ATTORNEY uN N y ts< City Commission �S 4,.. City City of Sunny Isles Beach George"Bud"Scholl,Mayor °�� F 18070 Collins Avenue, Suite 250 Jeanette Gatto,Vice Mayor r`/!'- _= v Isaac Aelion,Commissioner ?� `- ? Sunny Isles Beach, Florida��160 Dana Goldman,Commissioner li: 305 9 47-0606 Ci Hall Jennifer Levin,Commissioner *, � (305)949-31 13 Fax y� 9)* o � SAP (305)947-2150 Building Department Christopher J.Russo City Manager �ir a° (305)947-5107 Fax Hans Ottinot,City Attorney Y o f suN ° Jane A.Hines,NINIC,City Clerk MEMORANDUM TO: The Honorable City Commission FROM: Hans Ottinot, City Attorney DATE: November 19, 2015 RE: Approving an Agreement with the State Attorney for Reimbursement of Municipal Violations RECOMMENDATION This Resolution is presented for your consideration. REASONS This is a renewal of an Agreement between the City and the State Attorney regarding the prosecution of municipal violations. ATTACHMENTS: . • Resolution • • Approving an Agreement with the State Attorney for Reimbursement of Municipal Violations • •