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Backup Documents 09/10/2019 Item #16K5 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO 1 6 K 5 THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later than Monday preceding the Board meeting. **NEW** ROUTING SLIP Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the exception of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and forward to the County Attorney Office. Route to Addressee(s)(List in routing order) Office Initials Date 1. 2. 3. County Attorney Office County Attorney Office JAK RVwAf=‘ 4. BCC Office Board of County Commissioners /5 c\ \\z 5. Minutes and Records Clerk of Court's Office /; '4 19 3:38 -t PRIMARY CONTACT INFORMATION Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the addressees above,may need to contact staff for additional or missing information. ' Name of Primary Staff Jeffrey A.Klatzkow/County Attorney Phone Number 252-8400 Contact/ Department Agenda Date Item was 9/10/19 Agenda Item Number 16K- ✓ Approved by the BCC Type of Document Interlocal Agreement Number of Original 2 Attached Documents Attached PO number or account number if document is / to be recorded 4-- INSTRUCTIONS & CHECKLIST Initial the Yes column or mark"N/A"in the Not Applicable column,whichever is Yes N/A(Not appropriate. (Initial) Applicable) 1. Does the document require the chairman's original signature? N/A 2. Does the document need to be sent to another agency for additional signatures? If yes, JAK provide the Contact Information(Name;Agency;Address;Phone)on an attached sheet. 3. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman,with the exception of most letters,must be reviewed and signed JAK by the Office of the County Attorney. 4. All handwritten strike-through and revisions have been initialed by the County Attorney's N/A Office and all other parties except the BCC Chairman and the Clerk to the Board 5. The Chairman's signature line date has been entered as the date of BCC approval of the JAK document or the final negotiated contract date whichever is applicable. 6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's JAK signature and initials are required. 7. In most cases(some contracts are an exception),the original document and this routing slip JAK should be provided to the County Attorney Office at the time the item is input into SIRE. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! 8. The document was approved by the BCC on 9/10/19 (enter date)and all JAK N/A is not changes made during the meeting have been incorporated in the attached document. an option for The County Attorney's Office has reviewed the changes,if applicable. is line., 9. Initials of attorney verifying that the attached document is the version approved by e � (` /A is not BCC,all changes directed by the BCC have been made,and the document is read for t% option for Chairman's signature. 17 k. this bine. [04-MGR-00028/1494603/1]1:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9. . ,Revised1:2605,Revised 2.24.05; Revised 11/30/12 Crystal K. Kinzel cUvT COURt42% Collier County o Clerk of the Circuit Court and Comptroller 0 3315 Tamiami Trail East, Suite 102 1 6 K 5 Naples, Florida 34112-5324 CouNTY.v'o September 13, 2019 Debbie Stanbro, Executive Director Office of State Attorney Twentieth Judicial Circuit P.O. Box 399 Fort Myers, FL 33902 Ms. Stanbro, Enclosed are two original Interlocal Agreements approved by the Board of Collier County Commissioners at their Tuesday, September 10, 2019 Regular Meeting. Please sign both originals and return a fully executed original back to my office for Recording in the Official Records of Collier County. Any questions, please contact me 239-252-8411 Thank You, 01 ).iutol 0.661‘4Nlyyvk._ resa Cannon, DC Board's Minutes& Records Department 3299 Tamiami Trail E, #401 Naples, FL 34112 Phone-(239) 252-2646 Fax-(239)252-2755 Website-www.CollierClerk.com Email-CollierClerk@collierclerk.com 16K5 • r C O. F r O `170 C • r N• w A) C C — C Orr O rD 03rD CT O rD X =* ro m W rt, N v -n C (D cr r Q_ v W n. G1 W 0) r+ m LID — m x o n D N) f7 0 r < rp -< rD n r-r 0 1 6 K 5 INTERLOCAL AGREEMENT FOR STATE ATTORNEY SERVICES BETWEEN Collier County AND THE OFFICE OF THE STATE ATTORNEY FOR THE TWENTIETH JUDICIAL CIRCUIT OF FLORIDA This AGREEMENT is made this 1 \. day of _��emX- , 20 \`\ by and between Collier County, a political subdivision of the State of Florida, hereinafter referred to as COUNTY" and the STATE ATTORNEY FOR THE TWENTIETH JUDICIAL CIRCUIT OF FLORIDA, hereinafter referred to as "STATE ATTORNEY", WITNESSETH: WHEREAS, the COUNTY finds that in order to maintain and improve public health, safety, and welfare, it is necessary to adequately enforce and prosecute violations of the COUNTY ordinances; and WHEREAS, Section 27.02, Florida Statutes, authorizes the STATE ATTORNEY to prosecute COUNTY ordinance violations punishable by incarceration and not ancillary to state prosecution, provided that the STATE ATTORNEY has contracted with the COUNTY for reimbursement for services rendered in accordance with Section 27.34; and NOW, THEREFORE, the COUNTY and STATE ATTORNEY agree to the following: SECTION 1: SERVICES The STATE ATTORNEY agrees to handle the intake, discovery, pre-trial, trial and case disposition of violations of COUNTY ordinances punishable by incarceration and not ancillary to state prosecution, as authorized in Sections 27.02 and 27.34, Florida Statutes, being prosecuted in the Twentieth Judicial Circuit of Florida. The COUNTY agrees to remit, subject to the terms outlined in Section 3 of this Agreement, to the STATE ATTORNEY, the required funds to reimburse the full costs of services rendered in connection with the prosecution of such criminal violations of COUNTY ordinances. The STATE ATTORNEY will not handle appeals, constitutional attacks on COUNTY ordinances, or matters heard by the COUNTY'S Special Magistrate. SECTION II: TERM This is an at-will Agreement, terminable by either party, with or without cause, on ninety (90) days written notice to the other party. This Agreement is non-transferable and non- Page 1 of 3 16K5 assignable in whole or in part without prior written consent of the COUNTY. This Agreement is the full and complete Agreement between the parties, and may not be modified except by a writing signed by both parties. Any and all prior understandings between the parties, either oral or written, with respect to the matter set forth above, have been incorporated and merged into this Agreement, and are otherwise of no further force or effect. SECTION III: PAYMENT SCHEDULE The COUNTY agrees to provide payments to the STATE ATTORNEY within thirty (30) days of receipt by the COUNTY of an invoice for services rendered by the STATE ATTORNEY. The STATE ATTORNEY shall submit invoices to the COUNTY on a quarterly basis. Payments for the full costs of services rendered by the STATE ATTORNEY shall be made on an hourly basis at a rate of$50.00 per hour or, if an hourly rate is specified in the General Appropriations Act, that rate shall control (see section 27.34(1)(a), FS). Upon termination of this Agreement,the STATE ATTORNEY shall provide the COUNTY with a final accounting of all charges due, and upon payment thereof, COUNTY shall have no further liability to the STATE ATTORNEY. SECTION IV: RESPONSIBILITIES: The COUNTY 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 COUNTY other than those enumerated in this Agreement. SECTION V: REPORTING All required reports by the STATE ATTORNEY shall be submitted to the COUNTY Attorney's Office. SECTION VI: INDEMNIFICATION To the extent permitted by law, Section 768.28, Florida Statutes, the COUNTY agrees to indemnify and hold harmless the STATE ATTORNEY, its officers and employees from liabilities, damages, losses and costs including, but not limited to, reasonable attorney's fees,to the extent caused by the negligence, recklessness, or intentional wrongful misconduct of the COUNTY and persons employed or utilized by the COUNTY in the performance of this Agreement. To the extent permitted by laws, Section 768.28, Florida Statutes, the STATE ATTORNEY agrees to indemnify and hold harmless the COUNTY, its officers and employees from liabilities, damages, losses and costs including, but not limited to, reasonable Page 2 of 3 1 6 K 5 attorney's fees, to the extent caused by the negligence, recklessness, or intentional wrongful misconduct of the STATE ATTORNEY and persons employed or utilized by the STATE ATTORNEY in the performance of this Agreement. SECTION VII: AMENDMENTS OF FLORIDA STATUTES This Agreement is authorized by and subject to Sections 27.02 and 27.34, Florida Statutes. In the event the statutes are amended, the parties will negotiate to modify this Agreement to conform to such amendment, failing which, this Agreement will automatically terminate upon the effective date of the amendment to the statutes. IN WITNESS WHEREOF, the STATE ATTORNEY and the COUNTY have executed this Agreement through its duly authorized representative on the day, month and year as first written above. OFFICE OF THE STATE ATTORNEY BOARD OF COUNTY COMMISSIONERS TWENTIETH JUDICIAL CIRCUIT OF FLORIDA COLLIER CAC41 IRIDA CO? By: By: �--: Amira D. Fox, State Attorney Willia' L. McDaniel, Jr., Chairman ATTEST: Crystal K. Kinzel, Clerk 41,04 Act&Vat( ttest as to Chairman's , Deputy Clerk signature only.1 Ap. o form and legality: Jeffrey 4I ,ow CountyfA tta ey Page 3 of 3 OFFICE OF THE STATE ATTORNEY 1 6 K 5 TWENTIETH JUDICIAL CIRCUIT Charlotte County Hendry County 350 E.Marion Avenue �OItNEy 1045 Pratt Boulevard Punta Gorda,FL 33950 ,O ' 'TF.�,t LaBelle,FL 33935 (941)637-2104 .2,, (863)612-4920 Collier County Nei a4" Lee County 3315 E.Tamiami Trail,Suite 602 �y,:i<i�, �..�` 2000 Main Street,6th Floor Naples,FL 34112 `�tCIAL� Fort Myers,FL 33901 (239)252-8470 (239)533-1000 AMIRA D. FOX Glades County STATE ATTORNEY Mailing Address 500 Avenue J SW PO Box 399 Moore Haven,FL 33471 Fort Myers,FL 33902 (863)946-0077 Proudly Serving the Citizens of Southwest Florida October 7, 2019 Jeffrey A. Klatzkow Collier County Attorney 3299 Tamiami Trail East, Suite 800 Naples, FL 34112 Re: Municipal Ordinance Agreement Dear Mr. Klatzkow: Enclosed you will find one fully executed original of the Municipal Ordinance Agreement for your records. If you have questions regarding the agreement please feel free to contact me at(239) 533-1121 or by email at DSTANBRO@a SAO.CJIS20.ORG. Sincerely, Debbie Stanbro Executive Director Enclosures DS/cal Please visit our website www.sao.cjis20.org 16K5 7)007J2- morm � C) r m C) INTERLOCAL AGREEMENT FOR STATE ATTORNEY SERVICES o n T m OC o o BETWEEN z w m m ; o 55 R.3 Collier CountyN > 0 ° C) AND THE OFFICE OF THE STATE ATTORNEY FOR THE c DD TWENTIETH JUDICIAL CIRCUIT OF FLORIDA o m oW This AGREEMENT is made this 14k., day ofe-7mx- , 20V:\ by and between Collier County, a political subdivision of the State of Florida, hereinafter referred to as COUNTY" and the STATE ATTORNEY FOR THE TWENTIETH JUDICIAL CIRCUIT OF FLORIDA, hereinafter referred to as "STATE ATTORNEY", WITNESSETH: WHEREAS, the COUNTY finds that in order to maintain and improve public health, safety, and welfare, it is necessary to adequately enforce and prosecute violations of the COUNTY ordinances; and WHEREAS, Section 27.02, Florida Statutes, authorizes the STATE ATTORNEY to prosecute COUNTY ordinance violations punishable by incarceration and not ancillary to state prosecution, provided that the STATE ATTORNEY has contracted with the COUNTY for reimbursement for services rendered in accordance with Section 27.34; and NOW, THEREFORE, the COUNTY and STATE ATTORNEY agree to the following: SECTION 1: SERVICES The STATE ATTORNEY agrees to handle the intake, discovery, pre-trial, trial and case disposition of violations of COUNTY ordinances punishable by incarceration and not ancillary to state prosecution, as authorized in Sections 27.02 and 27.34, Florida Statutes, being prosecuted in the Twentieth Judicial Circuit of Florida. The COUNTY agrees to remit, subject to the terms outlined in Section 3 of this Agreement, to the STATE ATTORNEY, the required funds to reimburse the full costs of services rendered in connection with the prosecution of such criminal violations of COUNTY ordinances. The STATE ATTORNEY will not handle appeals, constitutional attacks on COUNTY ordinances, or matters heard by the COUNTY'S Special Magistrate. SECTION II: TERM This is an at-will Agreement, terminable by either party,with or without cause, on ninety (90) days written notice to the other party. This Agreement is non-transferable and non- Page 1 of 3 1 6 K 5 assignable in whole or in part without prior written consent of the COUNTY. This Agreement is the full and complete Agreement between the parties, and may not be modified except by a writing signed by both parties. Any and all prior understandings between the parties, either oral or written, with respect to the matter set forth above, have been incorporated and merged into this Agreement, and are otherwise of no further force or effect. SECTION III: PAYMENT SCHEDULE The COUNTY agrees to provide payments to the STATE ATTORNEY within thirty (30) days of receipt by the COUNTY of an invoice for services rendered by the STATE ATTORNEY. The STATE ATTORNEY shall submit invoices to the COUNTY on a quarterly basis. Payments for the full costs of services rendered by the STATE ATTORNEY shall be made on an hourly basis at a rate of$50.00 per hour or, if an hourly rate is specified in the General Appropriations Act, that rate shall control (see section 27.34(1)(a), FS). Upon termination of this Agreement, the STATE ATTORNEY shall provide the COUNTY with a final accounting of all charges due, and upon payment thereof, COUNTY shall have no further liability to the STATE ATTORNEY. SECTION IV: RESPONSIBILITIES: The COUNTY 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 COUNTY other than those enumerated in this Agreement. SECTION V: REPORTING All required reports by the STATE ATTORNEY shall be submitted to the COUNTY Attorney's Office. SECTION VI: INDEMNIFICATION To the extent permitted by law, Section 768.28, Florida Statutes, the COUNTY agrees to indemnify and hold harmless the STATE ATTORNEY, its officers and employees from liabilities, damages, losses and costs including, but not limited to, reasonable attorney's fees, to the extent caused by the negligence, recklessness, or intentional wrongful misconduct of the COUNTY and persons employed or utilized by the COUNTY in the performance of this Agreement. To the extent permitted by laws, Section 768.28, Florida Statutes, the STATE ATTORNEY agrees to indemnify and hold harmless the COUNTY, its officers and employees from liabilities, damages, losses and costs including, but not limited to, reasonable Page 2 of 3 I 6 K 5 attorney's fees,to the extent caused by the negligence, recklessness, or intentional wrongful misconduct of the STATE ATTORNEY and persons employed or utilized by the STATE ATTORNEY in the performance of this Agreement. SECTION VII: AMENDMENTS OF FLORIDA STATUTES This Agreement is authorized by and subject to Sections 27.02 and 27.34, Florida Statutes. In the event the statutes are amended, the parties will negotiate to modify this Agreement to conform to such amendment, failing which, this Agreement will automatically terminate upon the effective date of the amendment to the statutes. IN WITNESS WHEREOF, the STATE ATTORNEY and the COUNTY have executed this Agreement through its duly authorized representative on the day, month and year as first written above. OFFICE OF THE STATE ATTORNEY BOARD OF COUNTY COMMISSIONERS TWENTIETH JUDICIAL CIRCUIT OF FLORIDA COLLIER CO , . I RIDA By: CIPA By. :!_ Amira D. Fox, State Attorney Willi.; L. McDaniel, Jr., Chairman ATTEST: Crystal K. Kinzel, Clerk ;, ttest a: t0 CSI;In nah'S 4 ,1.4.04 00.4..„,Azec Deputy Clerk i signat+ re.only.` Ap,p . : s I/ o form and legality: .! Jeffrey! . 4I 4,ow County)A tt,► ey Page 3 of 3