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Home My WebLink AboutReso 2005-837 RESOLUTION NO. 2005- ~ '7 A RESOLUTION 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 THE AGREEMENT; AUTHORIZING THE CITY MANAGER 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 reimburse the State for the costs associated with the prosecutions of criminal prosecutions; and WHEREAS, the City and the State Attorney have agreed to enter into an interlocal agreement for the prosecution of said municipal violations for the 2004-2005 fiscal year. NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH AS FOLLOWS: Section 1. Approval of Agreement. The Interlocal 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, are hereby approved. Section 2. Authorization of Mayor. The Mayor is hereby authorized to execute the attached Interlocal Agreement, attached hereto and made a part hereof as Exhibit "A". Section 3. Authorization of City Manager. The City Manager is hereby authorized to do all things necessary to effectuate the terms of this Resolution. Section 4. Effective Date. This Resolution shall take effect immediately upon adoption. PASSED AND ADOPTED this <34 day of September, 2005 ATTEST: ~~;A~ Jane A. Hines, City Clerk Moved by: ~y 11\.l'\1 ,n Seconded by: '~ Vote: 5-0 Mayor Edelcup Vice Mayor Thaler Commissioner Brezin Commissioner Goodman Commissioner Iglesias ~Y es) ~Y es) V(Yes) V(Y es) -.1LJ.Y es) _(No) _(No) _(No) _(No) _(No) , INTERLOCALAGREEMENT This agreement is entered into this g"" day of ~1Mc, 2005, by and between the City of Sunny Isles Beach, Florida, a political subdivision of the State of Florida (hereinafter referred to as the "City") and the State of Florida's Office of the State Attorney for the Eleventh ludicial Circuit of Florida (hereinafter referred to as "State Attorney") . Recitals 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 Code of the City of Sunny Isles Beach; 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 the City's 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 beginning luly I, 2004, through September 30, 2007. The State Attorney shall provide such clerical and professional personnel as may be required SIB 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. ARTICLE II Terms This agreement shall expIre on September 30, 2007. unless ternlinated 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. 2 SIB 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 Reportine: All required reports shall be submitted to the City Manager at the following address: City of Sunny Isles Beach, Florida 18070 Collins Avenue Sunny Isles Beach, Florida 33160 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 Section 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. 3 SIB ARTICLE VIII Service Charees 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 N 00- 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. 4 SIB 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 State Attorney's Office Eleventh Judicial Circuit BY:~~ By: V l-/)LA-'~ {j / T. F. Mannelli - Executive Director ATTEST: CITY OF SUNNY ISLES BEACH BY~lLN 1l~ lane A. Hines, City Clerk / // ,.. TO FORM AND ENCY City of Sunny Isles Beach 18070 Collins Avenue Sunny Isles Beach, Florida 33160 (305) 947-0606 (phone) (305) 792-1764 (fax) 5 S/~ City Commission SJpNY isleCity of Sunny Isles Beach18070 Norman S.EEelenp.Mayor 4.0 Lewis J.Thaler,Vice Mayor �o,x T 50 Sunny Collins Avenue, Suite 16 Roslyn Brain.Commissioner Sunny Isles Beach, Florida 33160 Gerry Goodman,Commissioner ° 1 Danny Iglesias,Commissioner X305) 947-0606 City Hall )305) 949-3113 Fax Christopher J.Russo,City Manager F� rc0.\ '. (305) 947-2150 Building Department Hans Ottinot,Sr.,City Attorney OF suN .+° (305) 947-5107 Fax Jane A.Hines,City Clerk MEMORANDUM TO: The Honorable Mayor and City Commission----- FROM: Hans Ottinot, City Attorney Lk}�/v DATE: September 8,2005 111777��` RE: Approving Interlocal Agreement with the State of Florida, Office of the State Attorney for the Eleventh Judicial Circuit Recommendation: This Resolution is presented for your consideration and approval. Reasons: In order for the State Attorney's Office to prosecute criminal violations of municipal codes that are not associated with its state criminal prosecutions, the State must enter into interlocal agreements with municipalities to provide those services. The proposed resolution approves an interlocal agreement with the State Attorney's Office, authorizes the State Attorney's Office to prosecute these violations and authorizes the City to reimburse the State Attorney's Office for the cost. The City Manager and the Chief of Police have no objection to entering into this agreement with the State. HO/ENW/jb Attachment Agenda Item Date Sunny Isles Preach Government Center to 18070 Collins Avenue, Sunny Isles Beach, FL 33160 o'n , a • 0 -rce of the CityClerk 305 957 bfl_net �� www.sibfl.net ( ) -1303 Phone(305)949-3113 Fax City Commission September 22,2005 "sur Norman S. Edelcup Mayor Lewis J. Thaler Vice Mayor T.F. Mannelli, Executive Director Roslyn Brezin State Attorney's Office CommissionerY Eleventh Judicial Circuit of Florida Gerry GoodmanCommissioner E.R. Graham Building Danny Iglesias 1350 N.W. 1201 Avenue Commissioner Miami, Florida 33136-2111 Christopher J. Russo Re: Agreement to Reimburse State Attorney's Office for Prosecution of City Manager Municipal Ordinance Violations Hans Quinol City Attorney Dear Mr. Mannelli: Jane A. Hines City Clerk At its regular meeting of September 8, 2005, the City Commission adopted Resolution No. 2005-837, which approved an agreement to reimburse the State of Florida State Attorney's Office for the prosecution of certain code violations. Attached are two (2) original agreements for execution by the State Attorney's Office. (The agreements have already been executed by the appropriate Sunny Isles Beach parties.) Also attached is a certified copy of the approving resolution for your files. Upon execution by the State Attorney's Office,please return one(1)original agreement to me and retain one (1) original agreement for your files. Should you have any questions, please feel free to call me. Thanking you in advance. Very truly yours, ^�a Priscilla Walker Deputy City Clerk Attachments cc: Christopher J. Russo, City Manager Hans Ottinot, City Attorney State Any Reimburse Agrmt For Code Prosecution Trans Lir