2010-27522 Reso I I
RESOLUTION NO. 2010 -27522
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, APPROVING A MEMORANDUM
OF UNDERSTANDING (MOU) BETWEEN THE CITY OF MIAMI BEACH
AND THE CITY OF CORAL GABLES AUTHORIZING THE CITY
ATTORNEY'S OFFICE TO PROVIDE LEGAL SERVICES TO THE CITY
OF CORAL GABLES IN CONNECTION WITH RECOVERY OF MONIES
AND /OR PROPERTY PURSUANT TO THE FLORIDA CONTRABAND
ACT (I.E. FORFEITURES COLLECTIONS).
WHEREAS, it is the responsibility of the respective governments of the City of Miami
Beach and the City of Coral Gables, Florida to ensure that any contraband artile used in
violation of any provision of the Florida Contraband Forfeiture Act be seized by each respective
Police Departments; and
WHEREAS, the City of Coral Gables, by and through the Coral Gables Police
Department, may seize any contraband article, which shall be forfeited subject to th provisions
of the Florida Contraband Forfeiture Act; and
WHEREAS, the City of Coral Gables does not have an attorney or police legal advisor
capable of initiating and prosecuting forfeiture proceedings subject to the provisions of the
Florida Contraband Forfeiture Act; and
WHEREAS, the City of Coral Gables has requested the Office of the City ttorney to
represent the City of Coral Gables Police Department in forfeiture matters initiate under the
Florida Contraband Forfeiture Act; and
WHEREAS, the City of Miami Beach and the City of Coral Gables will execute a
Memorandum of Understanding (MOU), setting forth the parties responsibilities and duties
surrounding the representation of the City of Coral Gables in those forfeiture proceedings
brought pursuant to the Florida Contraband Forfeiture Act; and
WHEREAS, The City of Coral Gables, as shall be set forth in the MOU, shall
compensate the Office of the City Attorney for Miami Beach at the hourly rate of $1150.00, and
any incidental costs that are required, or are incurred, pursuant to the forfeiture proceedings set
forth in the Florida Contraband Forfeiture Act.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, hereby approve a Memorandum
of Understanding between the City of Miami Beach and the City of Coral Gables authorizing the
City Attorney's Office to provide legal services to the City of Coral Gables in connection with
recovery of monies and /or property pursuant to the Florida Contraband Act (i.e. forfeitures
collections).
PASSED and ADOPTED this 97 _ day of October, 2010.
ATTEST: . etA
_ l■-
MAT HERRERA BOWER
MAYOR
ROBERT PARCHER, CITY CLERK APPROVED AS TO •
FORM &LANGUAGE
& F I' EXECUTION
/0 Rho
1 ORNEY AB ATE
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MI
OFFICE OF THE CITY ATTORNEY
JOSE SMITH, CITY ATTORNEY COMMISSION MEMORANDUM
TO: Mayor Matti Herrera Bower
Members of the City Commission
City Manager Jorge Gonzalez
FROM: Jose Smith J- S g Dp
City Attorney
DATE: October 27, 2010
SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, APPROVING A MEMORANDUM
OF UNDERSTANDING (MOU) BETWEEN THE CITY OF MIAMI
BEACH AND THE CITY OF CORAL GABLES AUTHORIZING THE
CITY ATTORNEY'S OFFICE TO PROVIDE LEGAL SERVICES, TO
THE CITY OF CORAL GABLES IN CONNECTION WITH RECOVERY
OF MONIES AND /OR PROPERTY PURSUANT TO THE FLORIDA
CONTRABAND ACT (I.E. FORFEITURES COLLECTIONS).
The City of Coral Gables has requested the Office of the City Attorney to represent the
City of Coral Gables Police Department in forfeiture matters initiated under he Florida
Contraband Forfeiture Act.
The City of Miami Beach and the City of Coral Gables will execute a Mem!randum of
Understanding (MOU), setting forth the parties responsibilities and duties surrounding the
representation of the City of Coral Gables in those forfeiture proceedings brought pursuant to
the Florida Contraband Forfeiture Act. The City of .Coral Gables, as set forth in the MOU, shall
compensate the Office of the City Attorney for Miami Beach at the hourly rate of $150.00, and
any incidental costs that are required, or are incurred, pursuant to the forfeiture proceedings set
forth in the Florida Contraband Forfeiture Act.
The Office of the City Attorney hereby recommends that the Mayor and City commission
approve the Memorandum of Understanding with the City of Coral Gables.
F: \alto \BOKA \Commission Memo \Reso Re City of Coral Gables Forfeitures.docx
Agenda Item ' 7C
Date /0-017-10
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