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HomeMy Public PortalAbout13-8708 Agreement with the State of Attorney for the 11 Judicial circuit for Prosecution of Certain Criminal Violations Sponsored by: City Manager RESOLUTION NO. 13-8708 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA,FLORIDA,TO AUTHORIZE THE CITY MANAGER TO ENTER INTO AND EXECUTE AN AGREEMENT, EFFECTIVE AS OF OCTOBER 1, 2013 THROUGH SEPTEMBER 30,2014,WITH THE OFFICE OF THE STATE ATTORNEY FOR THE ELEVENTH JUDICIAL CIRCUIT OF FLORIDA FOR THE PROSECUTION OF CERTAIN CRIMINAL VIOLATIONS OF THE CITY OF OPA-LOCKA CODE 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 INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE WHEREAS, Florida Statute 27.02(1) provides that the State Attorney's Office shall prosecute violations of municipal ordinances if the State Attorney of a Judicial Circuit has contracted with the municipality for reimbursement for services rendered; and WHEREAS, the City will reimburse the State Attorney's Office for prosecutions of matters involving violations of Municipal Code Ordinances, at a cost of$16.67 per case, payable from Account number 19-519493; and WHEREAS, the City Commission of the City of Opa-locka desires the City Manager to enter into and execute an agreement, effective as of October 1, 2013 through September 30, 2014, with the Office of The State Attorney for the Eleventh Judicial Circuit of Florida for the prosecution of certain criminal violations of the City of Opa-locka Code Ordinances. NOW, THEREFORE, BE IT DULY RESOLVED BY THE CITY COMMISSION OF RESOLUTION NO. 13-8708 THE CITY OF OPA-LOCKA, FLORIDA: Section 1. The recitals to the preamble herein are incorporated by reference. Section 2. The City Commission of the City of Opa-locka hereby authorizes and directs the City Manager to enter into and execute an agreement, effective as of October 1, 2013 through September 30,2014,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 Ordinances at a cost of $16.67 per case, 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 13th day of November, 2013. 6/rd1714"/ MYRA TAYLOR MAYOR Attest to: Approved as to form and legal sufficiency: r. l.KAA--4CCIAg'---2_ Li gt I If i 1 A J nna Flores Jose;' 4.vtiVeller 11.• City Clerk G'41 ENS'•ON MARDER, PA Ci Atto ey Moved by: COMMISSIONER JOHN"•N Seconded by: COMMISSIONER HOLMES Commission Vote: 5-0 Commissioner Holmes: YES Commissioner Johnson: YES Commissioner Santiago: YES Vice-Mayor Kelley: YES Mayor Taylor: YES I IV \D''■ N‘oq =--/0 2 City of Opa-Locka Agenda Cover Memo Commission Meeting 11/13/13 Item Type: Resolution Ordinance Other Date: X (EnterXin box) Fiscal Impact: Ordinance Reading: 1st Reading 2nd Reading (Enter X in box) Yes No (Enter X in box) X Public Hearing: Yes No Yes No (EnterXin box) Funding Source: (Enter Fund&Dept) Advertising Requirement: Yes No (Enter Acct No.) General (EnterXin box) x Acct#19-519493 Government Contract/P.O.Required: Yes No RFP/RFQ/Bid#: (EnterXin box) X N/A Strategic Plan Related Yes No Strategic Plan Priority Area: Strategic Plan Obj./Strategy: (list the (Enter X in box) x specific objective/strategy this item will address) Enhance Organizational El N/A Bus.&Economic Dev Q Public Safety p Quality of Education El Qual.of Life&City Image 0 Communcation (] Sponsor Name City Manager Department: Office of the City Manager Short Title: APPROVAL OF RESOLUTION FOR STATE OF FLORIDA, OFFICE OF THE STATE ATTORNEY, 11TH JUDICIAL CIRCUIT OF FLORIDA, AGREEMENT 10/01/13 — 09/30/14 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 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)). Staff Recommends Approval 1) Resolution#13-8520 2) Executed Agreement 10/01/12—09/30/13 3)Proposed Agreement for October 1, 2013—September 30, 2014 4) State of Florida, Check Register Vendor Payment History as of Fiscal Year Ended 09.30.13 2 yo --.� { '': S_/('`,,, ' �' API2`21giagliga,l(,( ///fffff1!!!�/ gzeida °c. Ito_- Kelvin L. Baker,Sr. Office: 305-953-2821 City Manager 305-953-2823 Fax: 305-953-2870 Memorandum TO: Mayor Myra L. Taylor Vice Mayor Joseph L. Kelley/ Commissioner Timot y Holm Commissioner DorothN7John Commissioner Luis B.''San • g FROM: Kelvin L. Baker, Sr., City Manag• DATE: November 5, 2013 RE: STATE OF FLORIDA, OFFICE OF THE STATE ATTORNEY, 11TH JUDICIAL CIRCUIT OF FLORIDA,AGREEMENT 10/01/13 —09/30/14 Request: APPROVAL OF RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO AND EXECUTE AN AGREEMENT OCTOBER 1, 2013 THROUGH SEPTEMBER 30, 2014 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 FOR AT AN AVERAGE COST OF SIXTEEN DOLLARS AND SIXTY SEVEN CENTS ($16.67) PER CASE PAYABLE FROM 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) Implementation Time Line: Upon Approval by City Commission and Execution of Agreement for October 1, 2013- September 30, 2014 1 Legislative History: Resolution#13-8520 Recommendation(s): Staff Recommends Approval Analysis: For Fiscal Years 2012-2013 the City reimbursed the State of Florida, Office of the State Attorney a total cost of$400.08 for prosecution of certain criminal violations of the City of Opa-locka Code of Ordinances. The breakdown is as follows: Description Amount Number of Cases Payments FY12-13 $ 400.08 24 Total Amount/Cases $ 400.08* Total Average Amount Per Case $ 16.67 (*See attached vendor payment history report as of 09.30.13 reflecting a total payment cost of$400.08. A total of 24 cases were prosecuted in Fiscal Years 2012-2013, bringing the average cost per case to $16.67). Attachments: 1) Resolution#13-8520 2)Executed Agreement 10/01/12—09/30/13 3)Proposed Agreement for October 1, 2013 —September 30,2014 4) State of Florida, Check Register Vendor Payment History as of Fiscal Year Ended 09.30.13 Prepared by: Kathy Phillips, Executive Secretary Office of the City Manager End of Memorandum 2 H E (A N N NNN N N N M N N N H N N N N W N N N N W N N N N W W W W w w w w w w w w w o w w w o w www w w wwww w w w w w 0 0 0 O w w w w w w w w w o w w w o w wwww w wwww w w w w w 0 0 0 H H H H H H H H H U) H H H U) H H H H w H H H H w H H H H w 0 0 0 H cM d• V• W W 0 H H M N CO H 0 CL H W E 0 U II a o o I 0000000000 0000 00000 00000 00000 0 0 0 '0 FC 0000000000 0000 00000 00000 00000 0 0 0 O E a) 0000000000 0000 00000 00000 00000 0 0 0 > U) W 0 (0 M 0 (0 ( zzzzzzzzZ zoo ZZZz 000000000 000 0000 I HHHHHHHHH H H H HHHH '0 I E E E E E E E E E H E E PEEP C Z 44444g 4g4 444 4444 Rs 0 000000000 000 0000 E HHHHHHHHH H H H HHHH 0 W >>>>>>>>> >>> >>>> H UI W W W W W W W W W W W W W W W W cM N M W • 0 0 000000000�y �� � 0 0 0 0000 000H 0 W W /i W W �4 d'COHN H HMH O ZZZZZZZZZ 000 0000 OONN H • 0 I HHHHHHHHH H H H HHHH H H N N N(U •H 0 I 000000002 0000 0000 HNHH axxaxxx aaa 1241:41:41=4 MMMM 0 I 000000000 000 0000 HHHH ))U))• 0 0 M M M M M M M M M M M M M M M M M M M M M M M M M m E mmmmmmCOO mmm mmmm mmmm mmmm 0 Z ,1'wd• 4.w <MCd• d•,Pww c1"4" wwww O M 0 0000000 ■0 000 0000 0000 00100 H 0 HHHHHHHHH HHH H H H H HHHH HHHH 0 4 mWWUmnnui� �� n ��� n u non U)U)U)U) w N 014 'CI 0 a 0 l (u Oa (34 W 0 0E Z cn 0 W H H 0 0 0 U) W O H > H E o H 00001000001 mmm 0000 mmmm mmmm H.Y. 0 0 HHHHHHHHH H H H HHHH H H H H HHHH 00 W 0 x 0 0 ,--1 444444444 444 4444 4444 4444 0 000000000 0 0 0 0000 0000 0 0 0 0 0 HHHHHHHHH H H H HHHH H H H H HHHH H w'P:124P41:4ar4R4 Pi Piafk UIUIUIUI UIUIUIUI P:(xa R: N 000000000 000 0000 0000 0000 H 004444444 0 a a 4444 4444 0044 0 wwwwwwwww www wwww wwww wwww N a wwwwwwwww WNW wwww wwww wwww O 000000000 000 0000 0000 0000 C z WWWWWWWWW WWW WWWW WWWW WWWW 3 > 4 4 4 4 4 4 4 4 4 4 4 4 4 4 4 4 EPEE 4 4 4 4 4J EEEEEEEEE PPE E E E E EPEE E P E E a) U)U)U)U)U)U)U)U)U) U)U)Cl) U)U)U)U) CC)U)U)U) Cr)U)CO U) A a) a-) (6 HHHHHHHHH H H H HHHH H H H H HHHH '0 M M M M M M M M M M M M M M M M M M M M M M M M W W W CO CO CO W W W CO CO CO 0000000 CO CO CO CO 000U) HHHHHHHHH H H H HHHH H H H H HHHH U 0 HHHHHHHHH H H H HHHH H H H H HHHH .0 i.J E M M M M M M M M M M M M M M M M M M M M M M M M u w 0 HHHHHHHHH H H H HHHH H H H H HHHH (0 \\\\\\\----.\ \\\ \\\\ \\----,\ \\\\ In .7 W U)U1 U)U)U1 U)U)U)U1 U)LC)U) W W W W 0000 W W W W 0[M 0 N N N N N N N N N N N N 0000 H H H H 0000 (OH U) \\\\\\\\\ \\\ \\\\ \\\\ \\\\ N\ W U) HHHHHHHHH H H H N N N N U)U)U)U) W W W W .1-N Z H 000000000 000 0 000 0000 0000 W 0 0 H01 I Z HHHHHHHHH M M M d'V'd•V' N N N N N N N N M WO N N C`(`N NNN N HHH N N N N M M M M 0000 ...777 H W H H ,Y. 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U)U)U)U) NNNN HHHH 0 OW E I O U N N N N N N N N N N N N N N N N W co co W 0000 0 NO H W 0 W CO CO CO CO CO CO CO CO CO CO CO W CO CO CO CO CO CO CO CO CO CO CO CO w0 cn U 0 a ( 0 UI UI x UI UI w W .7 0 H C7 0 0 0 0 0 0 0 0 N----„ - 0 0 E W W W W W m raj+ 0 HM OH 0 x 0 0 0 0 a ✓ W H H HE, 0 0 0 0 0 U U w W 0 E0 W Q 000000000 000 0000 0000 0000 U HHHHHHHHH 4 HHH H H H H H H H H H H H H ..77 - .7 WW WO x o0000000or•C 000( 00004 00004 o000g g Z E O 40 U) HHHHHHHHHH HHHH H H H H E HHHHH HHHHH E E E H Q,'H W U 1 0000000000 0 0 0 0 00000 0 0 0 0 0 00000 O O O w O E mg 0 HHHHHHHHHH HHHH H H H H E H H H H E HHHHH E E E 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. / `` TAY OR MAYOR Attest to: 40.4..L.L. i . Jo.S a Flores C � Clerk Appr1W7 !I t-1 as to rm :I.I d legal sub .ency: ' A Alr_ Jos:'r S. G; ler 1v Ci Attom, 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 je STATE ATTORNEY ELEVENTH JUDICIAL CIRCUIT OF FLORIDA E.R.GRAHAM BUILDING 1350 N.W.12TH AVENUE MIAMI,FLORIDA 33136-2111 KATHERINE FERNANDEZ RUNDLE TELEPHONE(305)547-0100 STATE ATTORNEY October 11, 2013 Mr. Kelvin L. Baker City Manager City of Opa-locka 777 Sharazad Blvd. Opa-locks 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: 1. Proposed agreement for the prosecution of ordinance violations for the period of October 1. 2013 — September 30, 2014. 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. 2. Billing for ordinance violations for your jurisdiction for the period of July 1 — September 30, 2013. 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. Baker Page 2 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. Number of Cases: 6 Total Cost: $100.02 Sincerely, KATHERINE FERNANDEZ RUNDLE State Attorney $ '' By: (� !( Don L. Horn Chief Assistant State Attorney for Administration DLH/ld 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 , 2013, 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, 2013, through September 30, 2014. 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, 2014, 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: 09/02/2013 PROGRAM: CJSB838 ORDINANCE BILLING REPORT REPORT PAGE: 17 ORDINANCE CHARGES FILED IN AUG, 2013 INVOICED TO: OPA LOCKA PAGE: 1 CASE # POLICE # NAME CHARGE DATE CHARGE NUMBER / DESCRIPTION B13036038 130819022 GRIFFIN 08/19/2013 21-31.4(B) PANHANDLE/AGGRESV CASE COUNT: 1 JOB-NUM: J972400 OFFICE OF THE STATE ATTORNEY - 11TH CIRCUIT DATE: 10/02/2013 PROGRAM: CJSB838 ORDINANCE BILLING REPORT REPORT PAGE: 19 ORDINANCE CHARGES FILED IN SEP, 2013 INVOICED TO: OPA LOCKA PAGE: 1 CASE # POLICE # NAME CHARGE DATE CHARGE NUMBER / DESCRIPTION B13039518 130911024 GRIFFIN 09/11/2013 21-31.4(B) PANHANDLE/AGGRESV B13039784 130912015 HARRIS 09/12/2013 21-31(2) (B)ALCOHOL/CONSUM/STORE B13041239 130906013 BROWN 09/06/2013 37-8 PANHANDLING/BEG/SOL B13041293 130903011 STACY 09/03/2013 21-31(2) (B)ALCOHOL/CONSUM/STORE B13042161 201300110460 SMITH 09/27/2013 70-87 ALCOHOL/PUB/MIA BCH CASE COUNT: 5 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 CITY OF OPA -LOCKA CODE This agreement is entered into this 09 day of January, 2013 2V11, 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 fords 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, 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 State of Florida Office of the State Attorney for the Eleventh Judicial Circuit of Florida and the City of Opa-locka October 1, 2012 —September 30, 2013 City of Opa-locka: Approved as to form and 1egdi'sufficiency: { � s , ,, 4.,..., \\ Joseph S1Geller, Esquire CityAttgrney 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: N A City Co , iss}ki By: ,f\e� • By POSITION Joanna Flores Kelvin . Baker,Sr. City Clerk City Mani\ger ATTEST State Attorney's Office Eleventh Judicial Cir uit By :1/C(6/KC ,/ • /1)7C1)-e— By 0 f Don L. Horn Chief Assistant State Attorney for Administration