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HomeMy Public PortalAbout09-7963 Criminal Violations Sponsored by: City Manager RESOLUTION NO. 0 9-7 9 6 3 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA, AUTHORIZING THE CITY MANAGER TO ENTER INTO AND EXECUTE AN AGREEMENT WITH THE OFFICE OF THE STATE ATTORNEY FOR THE ELEVENTH JUDICIAL CIRCUIT OF FLORIDA FOR PROSECUTION OF CERTAIN CRIMINAL VIOLATIONS OF THE CITY OF OPA-LOCKA CODE OF ORDINANCES AND PROVIDING FOR REIMBURSEMENT OF COSTS TO THE STATE OF FLORIDA, IN A CONTRACT FORM ACCEPTABLE TO THE CITY ATTORNEY WHEREAS, Section 27.02, Florida Statutes, authorizes the Office of the State Attorney to prosecute municipal ordinance/violations; and WHEREAS, pursuant to the agreement attached hereto, Office of the State Attorney will prosecute violations of the City of Opa-locka ("City") Code of Ordinances, as authorized by Sections 27.02(1) and 27.34(1), Florida Statutes; and WHEREAS, the City will be required to remit to the State of Florida, certain costs associated with the prosecution of criminal violations of the City of Opa-locka Code of Ordinances; and WHEREAS, the City Commission of the City of Opa-locka desires to authorize the City Manager to enter into and execute the agreement with the Office of the State Attorney for prosecution of certain criminal violations of the City's Code of Ordinances. NOW, THEREFORE, BE IT DULY RESOLVED BY THE CITY COMMISSION OF THE CITY OF OPA-LOCKA,FLORIDA: Section 1. The recitals to the preamble are hereby incorporated by reference. Resolution No. 09-7963 Section 2. The City Commission of the City of Opa-locka hereby authorizes the City Manager to enter into and execute an agreement with the State Attorney for the Eleventh Judicial Circuit of Florida, for prosecution of certain criminal violations of the City of Opa-locka Code of Ordinances, in a contract form acceptable to the City Attorney. Section 3. This resolution shall take effect immediately upon adoption. PASSED AND ADOPTED this 12 day of NOVEMBER , 2009. OSE 'H . LLEY Y1 ' Attest: 1 Approved as to form and legal s ficiency: ) Deborah S. by Burn'adette Norris-Weeks City Clerk City Attorney Moved by: HOLMES Seconded by: TAYLOR Commission Vote: 4-0 Commissioner Holmes: YES Commissioner Johnson: YES Commissioner Tydus: NOT PRESENT Vice-Mayor Taylor: YES Mayor Kelley: YES Osp-�ock4 o gyp` a 9' Memorandum TO: Mayor Joseph L. Kelley Vice Mayor Myra L. Taylor Commissioner Timothy Holm-: Commissioner Dorothy • on Commissioner Rose 'r . rs FROM: Bryan K. Finnie, Interi • 9l" Manager DATE: November 3, 2009 RE: STATE OF G‘ I A, OFFICE OF THE STATE ATTORNEY, 11 T"JUDI V' L CIRCUIT OF FLORIDA Request: APPROVAL OF RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO AND EXECUTE AN AGREEMENT WITH THE OFFICE OF THE STATE ATTORNEY FOR THE ELEVENTH JUDICIAL CIRCUIT OF FLORIDA FOR PROSECUTION OF CERTAIN CRIMINAL VIOLATIONS OF THE CITY OF OPA-LOCKA CODE OF ORDINANCES AND PROVIDING FOR REIMBURSEMENT OF COSTS TO THE STATE OF FLORIDA Description: Legislation passed in 2004 implement Revision 7 to Article V of the Florida Constitution provides that the State Attorney may prosecute municipal ordinances only if 1) the ordinance violation is ancillary to a felony prosecution (s.27.02(1), Florida Statues), or 2) the county municipality has entered into a contract with the State Attorney for these prosecutions 9s.27.3491), Florida Statues). Financial Impact: Ordinance prosecution $16.67 per case. However, there may be separate charges for indigent defense from the Public Defender and filing fees from the Clerk of the Court. However, in the past three years the City has only been charged for Ordinance prosecution. Account #19-519493 (General Government) Implementation Time Line: Upon Execution of Agreement 1 Legislative History: Resolutions#07-7116 and#08-7385 Recommendation(s): Staff Recommends Approval Analysis: From March 2007 through August 2009 the City has reimbursed the State of Florida a total cost of$167.00 for the State Attorney Prosecution of certain cases. (See attached vendor payment history report as of October 26, 2009 reflecting the average case costing$16.70). Attachments: 1) Resolutions#07-7116 and#08-7385 2)Contract Agreement for October 1, 2009—September 30,2010 3) State of Florida Vendor Payment History as of October 26, 2009 Prepared by: Kathy Phillips, Executive Secretary End of Memorandum 2 ,1NF a- :yam-�%-.s@, STATE ATTORNEY ELEVENTH JUDICIAL CIRCUIT OF FLORIDA E.R.GRAHAM BUILDING 1350 N.W. 12TH AVENUE MIAMI,FLORIDA 33136-2111 ;�, KATHERINE FERNANDEZ RUNDLE TELEPHONE5)547-0100 STATE ATTORNEY C)0 '- October 8,2009 - e v Ms.Jannie Beverly _- c.^' City Manager ,,--, City of Opa-locka 0 777 Sharazad Blvd. , c ,:da t?`I Opa-locka FL 33054 Dear Ms. Beverly: Legislation passed in 2004 to implement Revision 7 to Article V of the Florida Constitution provides that the State Attorney may prosecute municipal ordinances only if(1)the ordinance violation is ancillary to a felony prosecution (s. 27.02(1), Florida Statutes), or(2)the county/municipality has entered into a contract with the State Attorney for these prosecutions(s. 27.34(1),Florida Statutes). Enclosed please fmd the proposed agreement for the prosecution of ordinance violations for the period of October 1, 2009 — September 30, 2010. Please sign three originals and return to this office as soon as possible. If you desire to make changes to the contract and want an electronic version of this document,please contact me at donlhorn @miamisao.com and I will forward you a copy. This contract is for the prosecution of ordinances only; the State Attorney's Office has no statutory authority to handle appeals relating to the constitutionality of ordinances. If you choose to not have the Office of the State Attorney prosecute municipal ordinance violations in accordance with sections 4 &5 of Chapter 2004- 265, Laws of Florida, you are requested to send a letter to that effect to the above address as soon as possible. You will be billed at the statutorily prescribed rate of $50 per hour. Our estimate is that, on average, it takes approximately 20 minutes per case; therefore, you will be charged at the rate of$16.67 per case. Please note that this is the charge for ordinance prosecution only. Pursuant to state law, there are separate charges for indigent defense from the Public Defender and filing fees from the Clerk of the Court. If you have any questions about the contract or if I can provide any other information, please do not hesitate to contact me at 305-547-0562 or at donlhorn@miamisao.com. Sincerely, KATHERINE FERNANDEZ RUNDLE State Attorney By: 1,0 5ii, Don L. Hiorn Chief Assistant State Attorney for Administration DLH/cj Enclosures AGREEMENT BETWEEN CITY OF OPA-LOCKA 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 CODE This agreement is entered into this day of , 2009, by and between City of Opa-locka, 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, 2009, through September 30, 2010. 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, 2010, 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: NAME City Commission By: By: POSITION ATTEST State Attorney's Office Eleventh Judicial Circuit By: By: Don L. Horn Chief Assistant State Attorney for Administration State of Florida Office of the State Attorney for the Eleventh Judicial Circuit of Florida and the City of Opa-locka 2009 City of Opa-locka: Approved as to form and legal sufficiency: Burnadette Norris-Weeks, P.A. CITY ATTORNEY d cet . H E N N N N N N H N O 0 al LID 1/40 1/40 lD O 1/40 0 0 0 l0 0 0 0o 0 l0 0 LO N N Z H H H H H H In H 10 10 a H H W CO m 0 z WE H 00 o 0 0 o 0 0 0 0 0 o H WUU o 0 0 0 O o 0 0 0 O Pz 0 o O o 0 0 0 0 o O 0 a 4 cn E w o z 0 0 0 o 0 o a O H H H H H H H H 04 H E. 0 0 C. 0 0 0 0 0 H W >> ' Cl' >> >> 0 U H co WWyy CWjj CWyy `DWIJ Cl ll zW Cl) w r4 00000000 Q°W 4 , 444a 444H ZH4444 I Cl' H 10HLo HNHL)HflHLI)HNHO Z Q N Q N Q N Q N Q N Q N Q N Q H O WMW Nf3'Nw'NOH OHOHOc0 O 0 0 0 o O 0 O 0 O H O H O 0 O 0 EL O E OH Ox a E az WW o °>1 Z m m m m m m m m w rC 0 al a al al a' al al al 0 Cl H d• a. a, m rn rn rn al CO H H H H H H H H >-I W, H,Y. 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W Cr. w 0 0 0 0 0 0 0 0 0 H I 0)H E EL W Cl) Cl) Cl) Cl) Cr) Cl) Cl) 0 o O H P E P P P E E P u) •• 0 4 4 4 FC FC FC FC 4r4 E p Lots) 0 E E H E E P P P O W a\v 0 Cl) Cl) Cl) Cl) CO Cl) CO Cnz 0 W ow 0 W W W H H H EL 0 O E U H H H H H H H H W I-1 �y W W Cl) 0 0 0 0 0 0 0 0 g 4 ZHX a m co CO CO CO w CO 00 E E H fC H W H H H H H H H HO 0 w Q H Cl) H H H H H H H H H H Sponsored by: City Manager 1 £2 - RESOLUTION NO. 08-7 3 8 5 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA, AUTHORIZING THE CITY MANAGER TO ENTER INTO AND EXECUTE AN AGREEMENT WITH THE OFFICE OF THE STATE ATTORNEY FOR THE ELEVENTH JUDICIAL CIRCUIT OF FLORIDA FOR PROSECUTION OF CERTAIN CRIMINAL VIOLATIONS OF THE CITY OF OPA-LOCKA CODE OF ORDINANCES AND PROVIDING FOR REIMBURSEMENT OF COSTS TO THE STATE OF FLORIDA, IN A CONTRACT FORM ACCEPTABLE TO THE CITY ATTORNEY WHEREAS, Section 27.02, Florida Statutes, authorizes the Office of the State Attorney to prosecute municipal ordinance/violations; and WHEREAS, pursuant to the agreement attached hereto, Office of the State Attorney will prosecute violations of the City of Opa-locka ("City") Code of Ordinances, as authorized by Sections 27.02(1) and 27.34(1), Florida Statutes; and WHEREAS, the City will be required to remit to the State of Florida, certain costs associated with the prosecution of criminal violations of the City of Opa-locka Code of Ordinances; and WHEREAS, the City Commission of the City of Opa-locka desires to authorize the City Manager to enter into and execute the agreement with the Office of the State Attorney for prosecution of certain criminal violations of the City's Code of Ordinances. NOW, THEREFORE, BE IT DULY RESOLVED BY THE CITY COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA: Section 1. The recitals to the preamble are hereby incorporated by reference. Resolution No. 0 8— . 3 5 Section 2. The City Commission of the City of Opa-locka hereby authorizes the City Manager to enter into and execute an agreement with the State Attorney for the Eleventh Judicial Circuit of Florida, for prosecution of certain criminal violations of the City of Opa-locka Code of Ordinances, in a contract form acceptable to the City Attorney. Section 3. This resolution shall take effect immediately upon adoption. PASSED AND ADOPTED this 2 day of N()VPMRPP , 2008. PlfLth • JOSEPH L. KEL_ : Y MAYOR Attest: Approved as to form and legal sufficiency: Deborah S. s•madette No 's-Weeks City Clerk City Attorney Moved by: HOLMES Seconded by: JOHNSON Commissioner Vote: 3-1 Commissioner Tydus: YES Commissioner Holmes: NO Vice Mayor Johnson: YFS Mayor Kelley: YES Sponsored by: City Manager Resolution No. 0 7-71 1 6 A RESOLUTION OF THE CITY COMMISSION OF THE CITY .OF OPA-LOCKA, FLORIDA AUTHORIZING THE CITY MANAGER TO ENTER INTO AND EXECUTE AN AGREEMENT WITH THE STATE OF FLORIDA, OFFICE OF THE STATE ATTORNEY FOR THE ELEVENTH '1UDICIAL CIRCUIT OF FLORIDA,FOR REIMBURSEMENT OF COSTS TO THE STATE OF FLORIDA, IN SUBSTANTIALLY THE FORM ATTACHED HERETO, FOR PROSECUTION OF CERTAIN CRIMINAL VIOLATIONS OF THE CITY OF OPA-LOCKA CODE OF ORDINANCES • WHEREAS, Section 27.02, F.S., authorizes the State Attorney to prosecute municipal ordinance/violations; and WJEREAS, pursuant to the agreement attached hereto, the State Attorney will prosecute municipal ordinance violations as authorized by Sections 27.02 and 27.34, F.S.; and WHEREAS, the City will be required to remit to the State of Florida, costs associated with the prosecution of violations of the City of Opa-locka Code of Ordinances. NOW, THEREFORE,BE IT DULY RESOLVED BY THE CITY COMMISSION OF THE CITY OF OPA-LOCKA,FLORIDA: S ection 1. The recitals to the preamble herein are incorporated by reference. Section 2. The City Manager is hereby authorized to enter into and execute an agreement with the State Attorney for the Eleventh Judicial Circuit of Florida,in substantially the form attached hereto, for prosecution of certain criminal violations of the City of Opa-locka Code of Ordinances. 1 Resolution No. 07-7116 • PASSED AND ADOPTED this Z5 day of JULY , 2007. • • MAYOR • Attest to: Approved as to form and legal sufficiency: r -/ CITY CLERK • CIT . ' 0 r • i 7 . s .7 • DATE • Moved by: VICE MAYOR JOHNSON Seconded by: COMMISSIONER HOLMES Commission Vote: 5-0 Commissioner Tydus: f YES • Commissioner Holmes: YES Commissioner Miller: YES Vice-Mayor Johnson: YES Mayor Kelley: YES C:\Documents and Settings\vmcleary\My Documents\Resolutions\Agreement-Oft of the State Atty..doc •