HomeMy Public PortalAbout13-8520 Prosecution of Certain Criminal Violations of the City of Opa-locka Code of Ordinances Sponsored by: City Manager
RESOLUTION NO. 13-8520
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 TO THE STATE OF FLORIDA, AT A COST
OF $16.67 PER CASE, PAYABLE FROM ACCOUNT NUMBER 19-
519493; PROVIDING FOR INCORPORATIONS OF RECITALS;
PROVIDING FOR AN EFFECTIVE DATE
WHEREAS, The State Attorney is required to represent the State of Florida in the
prosecution of all criminal cases arising out of their respective circuits (F.S. 27.02); and
WHEREAS, as per Resolution 11-8315, the City entered into a contract with the State
Attorney Office pursuant to F.S. 27.34(1), in order for the State Attorney to prosecute non-felony
violation of municipal ordinances; and
WHEREAS,the City of Opa-locka desires to enter into a renewed contract with the State
Attorney's Office for prosecutions of matters involving violation of Municipal Code Ordinances;
and
WHEREAS, the City Commission of the City of Opa-locka desires the City Manager to
execute a renewed agreement with the Office of the State Attorney for the Eleventh Judicial
Circuit of Florida for prosecution of certain 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:
Section 1. The recitals to the preamble herein are incorporated by reference.
Resolution No. 13-8520
Section 2. The City Commission of the City of Opa-locka hereby authorizes and
directs the City Manager to enter into a renewed agreement with the Office of the State Attorney
for the Eleventh Judicial Circuit of Florida for prosecution of certain violations for the City of
Opa-locka Code of Ordinances, and provide reimbursement of costs to the State of Florida,
payable from Account 19-519493.
Section 3. This resolution shall take effect immediately upon adoption.
PASSED AND ADOPTED this 09`h day of January, 2013.
/
M � • TAY OR
MAYOR
Attest to:
4iti, Li. 0
Jo= a Flores
Ci Clerk
Appr. =-d as to urm . 1d legal su' .'ency:>11)
Alt , Ad Al!
Jos, ., S. G:ller tgr
Ci y Attorney
Moved by: COMMISSIONER JOHNSON
Seconded by: COMMISSIONER HOLMES
Commission Vote: 5-0
Commissioner Holmes: YES
Commissioner Johnson: YES
Commissioner Santiago: YES
Vice-Mayor Kelley: YES
Mayor Taylor: YES
74----,,,p.■-oeiri
-----.\\
)'E,'.',--'i,' -1,•)'.-H,'%
.s,,,....
, 0
....A-0-
City of Opa-Locka
Agenda Cover Menke
Commission Meeting I lanuai-y 9,2013 I Item Type: 1_Resolution Ordinance Other I
• Dte: - j.
(EnterXin box)
Fiscal Impact: Ordinance Reading: 1st Reading 2nd Reading
(Enter X in box) lief; No (EnterXin in box)
_ _
X Public Hearing: Yes No Yes No _
(Enter X in box)
Funding Source: (Enter Fund&Dept) Advertising Requirement: Yes No
(Enter Art No.) General (Enter X in box) X
,.41.ect #19-519493 Government
Contract/P,O. Required: Yes No RFP/RFQ/Bid #:
(EnterXin box) X N 1 A
Strategic Plan Related Yes No Strategic Plan Priority Area: _ Strategic Plan Obj./Strategy: Oist the
(Enter X in box) X specific objective/strategy this item will address)
Enhance Organizational EI
Bus.&Economic Dev Ei N/A
Public Safety L___I
Quality of Education ED
Qua].of Life&City image.
Communcation
Sponsor Name City Manager Department: Office of the City Manager
Short Title:
JUDICIAL
APPROVAL OF RESOLUTION FOR STATE OF FLORIDA, OFFICE OF THE STATE ATTORNEY, 1.1TH
CIRCUIT OF FLORIDA, AGREEMENT 10/01/12 - 09/30/13 PROSECUTION OF CERTAIN CRIMINAL CITY
ORDINANCE VIOLATIONS FOR REIMBURSEMENT OF COSTS TO THE STATE OF FLORIDA AT AN AVERAGE
COST OF SIXTEEN DOLLARS AND SIXTY SEVEN CENTS ($16.67) PER CASE PAYABLE FROM ACCOUNT
NUMBER 19-519493.
1
Staff Summary:
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 (s.27.3491), Florida Statues)).
Proposed Action:
Staff Recommends Approval
Attachment:
1) Resolution#11-8315
2) Executed Agreement 10/01/11—09/30/12
3) Proposed Agreement for October 1, 2012—September 30, 2013
4) State of Florida, Check Register Vendor Payment History as of Fiscal Year Ended 09.30.12
2
"
0C114:"4-4
"D.
co co
8, JV4ir ! h,
;dr „A'AVIA0,/
?i,)F-953-2821.
ray 305-953-2823
Fax 305-953-2870
fv'ie num
TO: iVI a-yr o r TAyi r. Taylui
Vice Mayor Joseph L. Kelley,
Commissioner Timotl\\ Holm/i
Commissioner Doroth John+ 1/
Commissioner Luis B. 3anlgo
y
FROM: Kelvin L. Baker, Sr., City Man4,3
\ 'V'
DATE: December 26, 2012
RE: STATE OF FLORIDA, OFFICE OF THE STATE ATTORNEY, 11TH
JUDICIAL CIRCUIT OF FLORIDA, AGREEMENT 10/01/12—09/30/13
rt..c.Cfu!esA: APPROVAL OF RESOLUTION AUTHORIZING THE CITY MANAGE
TO ENTER INTO AND EXECUTE AN AGREEMENT WITH THE
OFFICE OF STATE ATTORNEY FOR '111E
JUDICIAL CIRCUIT OF FLORIDA FOR PROSECUTION OF CERTAIN
CRIMINAL VIOLATIONS OF THE CITY OF OPA-LOCVA CODE OF
ORDINANCES AND PROVIDING FOR REIMBURSEMENT Oh' COSTS
TO THE STATE OF FLORIDA AT AN AVERAGE COST OE SIXTEEN
DOLLARS AND SIXTY SEVEN CENTS ($16,67) PER CASE PAYABLE
FROI,;.
ACCOUNT NUMBER 19-519493,
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).
Account Number Account#19-519493 (General Government)
Financial Impact; Ordinance prosecution average $16.67 per case. Pursuant to state law,
there may be separate charges for indigent defense from the Public
Defender and filing fees from the Clerk of the Court. However, to my
knowledge in the past two years the City has only been charged for
Ordinance prosecution only. Account #19-519493 (General
Government)
1
CITY HALL o 780 FISHERMAN STREET, 4TH FLOOR, OPA-LOCKA, FLORIDA 33054 0 (305)688-4611
AN EQUAL OPPORTUNITY EMPLOYER AND DOES NOT DISCRIMINATE ON THE BASIS Or:HANDICAP
lmplementation Line: Upon Approval by City Commission and Execution of
Agreement for October 1, 2012-September 30, 2013
Legislative History: Resolution#11-8315
Recommendation(s):. Staff Recommends Approval
Analysis:, For Fiscal Years 2010-2012 the City reimbursed the State of Florida, Office of
the cztate Atte-yrney a total rno of $40(1 OR for prosecution of certain crimin21
violations of the City of Opa-locka Code of Ordinances.
The breakdown is as follows:
jiaescriotion Amount Humber of
Cases
Payment FY10-11 $ 233.38 14
Payment FY11-12 $ 166.70 10
'rot a! Anlolinl/Cef; $ 4tl0.08 24
Total Average
Amount Per Case 16.67
(See attached vendor payment history report as of 09.30.12 reflecting a total
payment cost of $400.08. A total of 24 cases were prosecuted in Fiscal Years
2010-2012, bringing the average cost per case to$16.67).
Attachments: 1)Resolution#11-8315
2)Executed Agreement 10/01/11 —09/30/12
3) Proposed Agreement for October 1, 2012—September 30, 2013
4) State of Florida,Check Register Vendor Payment History as of Fiscal Year
Ended 09.30.12
Prepared by: Kathy Phillips,Executive Secretary
Office of the City Manager
End of Memorandum
2
H H N N d' N N a' N N N N,I' N N N N N N N CO CO CO
\D 0 N O 0 N 0 0 \0 l0 N lD VD 0 0 0 0 O 0 0 O
O l0 LO N 0 l0 N CO CO LO LO N l0 lD\D 10 N0 CD O O O 0
H H N 111 H N H H H H N H r1 rH H H H O O O O
H H N CO d'
C4
W
O] H
H N
N CO
(al H
a H
WE
CCU 0
ac N
I x 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 O 0 0
'CS H 000 0 o o O o 000 0000000 0 0 0
co 0 0 CD 0 CD CJ .D 0 0 0 0 0 0 0 O O 0 0 0 0 0
W
N a
L.) (-C
N Ul
N
N
N
I ZZ ■ 2 N Z 2 2Z ZZZZZZ
N 0 0 0 0 co 0 0 0 0 0 0 0 0 0 0
H H H H LI1 H H H H H H H H H H
'd EE H H LO H E EE EHEEHEN
Z FC FC FC H FC FC FC FC FC r4 FC FC FC r4
N 0 44 0 4 0 4 4 44 ,4 44444
H 0 0 0 0 H 0 0 0 0 0 0 0 0 0 0
0 W %H O H 0. H H H> H H H H H H
H W \
W W 0 W W co W W W W 000000
• U CJ C.) Cu U N 0 zU UzU UU0UUU
O W g g 0 FC FC FC
W 00 Z Z H Z Z ZZ ZZZZZZ
O 1 H H H H 0 H H H H H H H H H H
O 0 0 4 0 H 0 0 0 0 0 0 0 0 0 0
P4 P4 H a H 0 c4 00 000000 .
o I 00 T., o m o 0 00 000000
O
H
CD NN N CO N CO rn NN rn N N N NN
0 E 0 0 0 m ON 01 CO ON CO 01 01 CO 01 CO 01
H Z d•d' dr N N d' c NN dN C'N NN N
0 N U Ol Ol Dl 01 ON Ol CO Ol 01 ON ON ON ON O1 al
H U H H H H H H H H H H H H H H H
0 FC Ln Ln Ill LIl Ill Lr) 1.1) U/111 Lrl Lr1 Ill Ln Lr)Ln
G N
rti `
0 W Ti
O N
4 I IL)
0a
aW o
OH Z
co 0
Cu H • H
0 0 0 U)
O 0 H
• a H
E 0 H 01 01 ON ON ON ON Ol 01 O1 010-10010101
H 0 0 H H H H H H H H H H H H H H H
0 0 ••
W 0
x 0
U
H 00 g 4 4 4 4 44 FC4444444
o 0 0 0 0 0 0 0 0 0 000000
0 H H H H H H H H H H H H H H H
H 040 0 a 0 0 C4 040 04004 04 0[4
0 00 0 0 0 0 0 00 000000
H 44 4 4 4 4 4 a4 444444
o G.G. w W 0. w w 0W 0W00 WW
(N
W 0Cu W Cs, W 0 W G.G. W W 0000
O 00 0 0 0 0 0 00 000000
N 2 W w W W W W W W W W w W W W W
N W H E E E E E E E H E E H H E E
3 H (-C(-C FC r4 0 04 FC FC FC FC FC FC FC FC FC
N E E E H H E H EE EEEEEE
N 01 U) U] 0 U) Ca cn co cn 000000 co
.0
N
JJ
I-6 H H H H H H H H H H H H H H H
O CO CO CO N CO CO CO CO CO CO CO N N CO CO
CO CO CO N N N O N N O N N OD N N
•X H H H H H H H H H H H H H H H
U 0 H H H H H H H H H H H H H H H
J-) g H O O H H H H N 0 0 01001000
• U 0. 0 H H H H H H H H H H H H H H H
O \\ \ \ \ \ • \\ \\\\\\
co 4 W (N N ON L() Ln O LO N l0 LO LC/Lrl Ln Ln Ln
N N 0 .h- H H 0 N N H N N N N N N N N N
r6 H H \\ \ \ \ \ \ \\ \\\\\\
SI\ Cr] cn H H (N d' N H H N N N N N N N N
N N Z H H H O 0 0 H O O O 0 0 0 0 0 0
Cr]
O
0 H
H 0 I Ln Ln N N Ln H CD 00 0 00000
N 0O Nd' N N 0 N N ON N N d'd•NN
H W H H '0] LID LD a' N 0 Ol NO N N 000 000 0
O CO H 0 o U oo H N CO N d' LU Lr1 lD L0 NO CD l0 LO U
N U11 H W O W co co co co co co co N O N N N N N O U
rn\ •• a a x
2 N U I U 0] H
CO
x x
o� 0 w w 0 0 0
Cl. 2 0 E n
Nr off
U 0 x x S0 0a W
WHO HE 0) U U 0 U U (Zr a
0 E 0. W (C o 0 0 0 0 0 0 0 0 0 0 0 0 0 0
Z U H H 4 H H H H H H H 4 H H H H H H 4 4 4 4
FC W W W O x 0 0 0 0 0 0 0 0 0 0 00 0 0 0 0 o or,I < 0 0
Z E O 4 0 cn H H E H H H H H H H H H H H H H H E E H E
H,,, H 0 0 <4 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 O O 0
W 1=1 H cn 0 U H H E H H H H H H H E H H H H H H E H E H
Sponsored by City Manager
Resolution No. 11-8315
A RESOLUTION OF 'ME CITY COMMISSION OF 'THE
CITY OF OFA-LOC1i A9 FLORIDA, TO AUTHOME THE
CITY MANAGER TO ENTER INTO AN AGREED/ENT WITH
TEE OFFICE OF THE STATE ATTORNEY FOR TIM
ELEVENTH JUDICIAL CIRCUIT OF FLORIDA FOR
PROSECUTION OF CERTAIN VIOLATIONS OF THE CITY
OF OPA-LOCKA OP-LOCK CODE OF ORDINANCES AND PROVHDE
REIMBURSElPENT OF COSTS TO TIC a STATE OF
FLORIDA, PAYABLE FROM ACCOUNT 19-519493;
PROVIDING FOR INCORPORATION OF . RECITALS;
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, The State Attorney is required to represent the State of Florida in the
prosecution of all criminal cases arising out of their respective circuits (ES. 27.02); and
WHEREAS, the City must enter into a contract with the State Attorney pursuant to F.S.
27.34(1), in order for the State Attorney to prosecute non-felony violation of municipal ordinances;
and
WHEREAS,the City of Opa-locka desires to enter into a contract with the State Attorney
Office for prosecutions of matters involving violation of Municipal Code Ordinances; and
WM I� :r AS, the City Commission of the City of Opa-locka desires the City Manager to
execute an agreement with the Office of the State Attorney for the Eleventh Judicial Circuit of
Florida for prosecution of certain violations of the City of Opa-locka Code of Ordinances.
NOW,THEREFORE,REFORE,RE IT DULY RESOLVED BY THE CITY COMMISSION OF
THE CITY OF OPA-LOCEA, Fli O'F,1DAo
Section L The recitals to the preamble herein are incorporated by reference.
Resolution No. 11-8315
L<-) 2.1:137 2 0 The City Commission of the City of Opaziocka hereby authorizes and directs
the City Manager to enter into an agreement with the Office of the State Attorney for the Pleventh
Judicial Circuit of Florida for prosecution of certain violations for the City of Opa-locka Code of
Ordinances, and provide reimbursement of costs to the State of Florida, payable from Account l 9-
471oJo'2
c',:(6, 41,1rA 3, This resolution shall take effect immediately upon adoption.
PASSED AND ADC RTI_ED this 14th day of December, 2011.
MYRA TAYLOR
YOR
Attest to:
Deborah S. Irby
City Clerk
Approved as to form and legal sufficiency:
Joseph S. Gel
City Attorney
Moved by: VICE MAYOR JOHNSON
Seconded by: COMMISSIONER MILLER
Commission Vote: 3-0
commissioner I4ohnes: NOT PRESENT
Commissioner Miller: -YTS
Commissioner Tydus: NOT PRESENT
Vice-Mayor Johnson: YES
Mayor Taylor: YES
AGREEMENT .:ETWEEN CIITY OF IPA-LOCKA AND THE STATE
OF FLO J•' , 3I,3A, OFFICE SF THE STATE ATT RNEY F:1;R THE
ELEVENTH JUDICIAL CIRCUIT SF FLORIDA TO F I: THE
STATE FBI THE COST OF STATE ATTORNEY PROSECUTION OF
CE r TAM CRIMINAL VtOLATII fI NS OF T 1E
CITY OF OPA-LOCKA CI DE
This agreement is entered into this 14th day of December , 2011, 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
(lrtnher 1 7011 thrn„nh antamiv r 30 ',f11') Tho �+ +m A <.,,.,., ..1..,,11
���.•+. iiiv kJ iui.v hSL SJALLIJ 5iiuii pr*J V iuv 3uvii vta.iivii'
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, 2012, 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
rat? -iic month Tha City shall rarnit of eh payment «?ith;i- t y. en)I „ pr .
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
Indem ification
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 tenninate 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 Deborah S, Irby Bryan K. Finnie
City Clerk City Manager
ATTEST State Attorney's Office
Eleventh Judicial Circuit
By: T - - By:
Don L. Horn
Chief Assistant State Attorney
for Administration
Se of Florida
Office of the Stoic Attorney fur he Eleventh Judicial Cirettig of Florisa
1le City of Opa-locka
C,.tol.e, 71, 21i — :;121, 212
City ,gf Opa-locka:
Approved as to form and legal sufficiency:
Joseph S. Geller, Esquire
City Attorney
Of E'
y P
Ns-7-.
Wyrl..__ CS
STATE ATTORNEY
ELEVENTH JUDICIAL CIRCUIT OF FLORIDA
E.R.GRAHAM BUILDING
1350 N.W. 12TH AVENUE
KATHERINE MIAMI,FLORIDA 33136-2111
HERINE FERNANDEZ RUNDLE TELEPHONE(305)547-0100
STATE ATTORNEY
October 12, 2012
Mr. Kelvin L. Baker, Sr.
City Manager
City of Opa-locka
777 Sharazad Blvd.
Opa-locka FL 33054
Dear Mr. Baker:
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 find the following:
11. Proposed agreement for the prosecution of ordinance violations for the period of
October 1, 2012 — September 30, 2013. 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 donihorn@miamisao.coln
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.
12. Billing for ordinance violations for your jurisdiction for the period of July 1 —
September 30, 2012. The billing reflects data from the Clerk of the Court's database,
which list ordinance violations for which the county/municipality is being charged a
filing fee pursuant to s.27.34(1), Florida Statutes.
Mr. Kelvin L. 'raker, Sr.
Paget
You are being 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 are being charged at
the rate of$16.67 per case. The total amount due can be found at the end of this letter. 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.
You are requested to review the invoice when you receive it. Please note items that you
dispute, deduct their cost, and remit the remainder payable to the State of Florida to:
Fiscal Division
Office of the State Attorney
E. R. Graham Building
1350 N.W. 12th Avenue
Miami, FL 33136-2111
Any items under dispute will be reviewed by our staff and re-invoiced in the following
quarter if necessary.
If you have any questions about the procedures discussed above, or the contract, please
do not hesitate to contact me at 305-547-0564.
Ntimbeir of Cases: 112
Total Cost: $200e04
Sincerely,
KATHERINE FERNANDEZ RUNDLE
State Attorney n
II
By
Don L. Horn
Chief Assistant State Attorney for Administration
DLH/ld
Enclosures
AC i' ; EMENT ETWEEN CITY OF OFA-LOCKA AN' THE STATE
OF FLORIDA, OFFICE OF THE STATE ATTORNEY FBI THE
ELEVENT, 's JUDICIAL CIRCUIT OF FLO' IDA TO REIMBURSE THE
STATE FOR TILE COST OF STATE ATTORNEY Pi'OSECITI'ION OF
CE TARN CRIMINAL VIOLATIONS 19F T E
CODE
This agreement is entered into this day of , 2012, 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 teiius
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, 2012, through September 30, 2013. 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, 2013, 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
JOB-NUM: J972400 OFFICE OF THE STATE ATTORNEY - 11TH CIRCUIT DATE: 08/02/2012
PROGRAM: CJSB838 ORDINANCE BILLING REPORT REPORT PAGE: 18
ORDINANCE CHARGES FILED IN JUL, 2012
INVOICED TO: OPA LOCKA PAGE: 1
CASE # POLICE # NAME CHARGE DATE CHARGE NUMBER / DESCRIPTION
B12032391 120707005 SANTANA 07/07/2012 21-31.2(B) (ALCOHOL/POSH/STORE
CASE COUNT: 1
JOB-NUM: J972400 OFFICE OF THE STATE ATTORNEY - 11TH CIRCUIT DATE: 10/02/2012
PROGRAM: CJS-838 ORDINANCE BILLING REPORT REPORT PAGE: 17
ORDINANCE CHARGES FILED IN SEP, 2012
INVOICED TO: OPA LOCKA PAGE: 1
CASE # POLICE # NAME CHARGE DATE CHARGE NUMBER / DESCRIPTION
B12043106 120926013 EVANS 09/26/2012 21-31.2(B) (ALCOHOL/POSN/STORE
B12043107 120926017 ENCARNACION 09/26/2012 21-31(2) (B)ALCOHOL/CONSUM/STORE
B12043108 12092604 SANTANA 09/26/2012 21-31(2) (B)ALCOHOL/CONSUM/STORE
CASE COUNT: 3
JOB-NUM: J972400 OFFICE OF THE STATE ATTORNEY - 11TH CIRCUIT DATE: 09/02/2012
PROGRAM: CJSB838 ORDINANCE BILLING REPORT REPORT PAGE: 18
ORDINANCE CHARGES FILED IN AUG, 2012
INVOICED TO: OPA LOCKA PAGE: 1
CASE # POLICE # NAME CHARGE DATE CHARGE NUMBER / DESCRIPTION
B12035928 120815005 CHARLTON 08/15/2012 52-52 STOLEN PROPERTY/POSN
B12036876 120801015 GRIFFIN 08/01/2012 21-31.2(B) (ALCOHOL/POSN/STORE
B12036877 12080110 COOPER 08/01/2012 21-31.2(B) (ALCOHOL/POSN/STORE
B12036879 120801007 EAFFORD 08/01/2012 21-31.2(8) (ALCOHOL/POSN/STORE
B12037108 120801016 BROWN LEE 08/01/2012 21-31.2(B) (ALCOHOL/POSN/STORE
B12037598 120824015 SANCHEZ 08/24/2012 21-31.2(8) (ALCOHOL/POSH/STORE
812037808 120804016 VILLAGRA 08/04/2012 21-31.2(8) (ALCOHOL/POSN/STORE
812037851 120804015 HERRERA 08/04/2012 21-31.2 (8) (ALCOHOL/POSH/STORE
CASE COUNT: 8