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Home My Public Portal About18-9445 Authorizing an Agreement w/Office of the State Attorney for Circuit of Fl Reimburse for Criminal Violations Sponsored by: City Manager RESOLUTION NO. 18-9445 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA, AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT WITH THE 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 OF ORDINANCES; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE. 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 of Opa-Locka ("City") 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; and WHEREAS, the City Commission finds that it is in the best interest of the City to enter in an agreement, in a form acceptable to the City Attorney, with the Office of the State Attorney to reimburse the State for the cost of prosecuting criminal municipal violations. NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF OPA LOCKA, FLORIDA: Section 1. RECITALS ADOPTED. The recitals to the preamble herein are incorporated by reference. Section 2. AUTHORIZATION The City Commission hereby authorizes the City Manager to enter into an agreement, in substantially the form attached hereto as Exhibit A, with the 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 Of Ordinances. Section 3. SCRIVENER'S ERRORS. Sections of this Resolution may be renumbered or re-lettered and corrections of typographical errors which do not affect the intent may be authorized by the City Manager, or the City Manager's designee, without need of public hearing, by filing a Resolution No. 18-9445 corrected copy of same with the City Clerk. Section 4. EFFECTIVE DATE. This Resolution shall take effect immediately upon adoption and is subject to the approval of the Governor or his designee. PASSED AND ADOPTED this 10`h day of January, 2018. i A �L. Taylor Mayor Attest to: Approved as to form and legal sufficiency: __---- Joa a Flores BROWN LAW GROUP, LLC City Clerk City Attorney Moved by: COMMISSIONER HOLMES Seconded by: COMMISSIONER RILEY Commissioner Vote: 5-0 Commissioner Holmes: YES Commissioner Riley: YES Commissioner Pigatt: YES Vice Mayor Kelley: YES Mayor Taylor: YES '11S°F 1 ,Z J M i 4;`- ? 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 www.miamiSAO.com October 24, 2017 Ms. Yvette Harrell City Manager City of Opa-locka 777 Sharazad Blvd. Opa-locka FL 33054 Dear Ms. Harrell: 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, 2017 — September 30, 2018. 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(ci>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, 2017. 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. Please Recycle Ms. Yvette Harrell 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: 3 Total Cost: $ 50.01 Sincerely, KATHERINE FERNANDEZ RUNDLE State Attorney By: ""-- Don L. Horn Chief Assistant for Administration DLH:cj Enclosure Please Recycle JOB-NUM: J972400 OFFICE OF THE STATE ATTORNEY - 11TH CIRCUIT DATE: 10/02/2017 PROGRAM: CJSB838 ORDINANCE BILLING REPORT REPORT PAGE: 6 ORDINANCE CHARGES FILED IN SEP, 2017 INVOICED TO: OPA LOCKA PAGE: 1 CASE # POLICE # NAME CHARGE DATE CHARGE NUMBER / DESCRIPTION B17026290 170820001 HAILE 08/19/2017 30-210.1 (A)ALC/OPN CONT/VEHICLE CASE COUNT: 1 JOB-NUM: J972400 OFFICE OF THE STATE ATTORNEY - 11TH CIRCUIT DATE: 08/02/2017 PROGRAM: CJSB838 ORDINANCE BILLING REPORT REPORT PAGE: 9 ORDINANCE CHARGES FILED IN JUL, 2017 INVOICED TO: OPA LOCKA PAGE: 1 CASE # POLICE # NAME CHARGE DATE CHARGE NUMBER / DESCRIPTION B17018337 170702005 HIGHSMITH 07/02/2017 21-31.4 (B) PANHANDLE/AGGRESV B17018383 170702016 MORTON 07/02/2017 21-31.2 (B) (ALCOHOL/POSN/STORE CASE COUNT: 2 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 ?�C / ^) ?((i' 1 g � day of �,, l'��1,�� , 2017, 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: r Please Recycle 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 Oct 1 of current year through Sept 30 of following year. 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, 2018, 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. 0 Please Recycle 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 v All required reports shall be submitted to the e l 7Lj m ,,fA, F/Z Please Recycle 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. 0 Please Recycle 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 e`7j 3 «d City Commission By: By: /0“.../._(._ POSITION ATTEST State Attorney's Office Eleventh Judicial Circuit By: By: Don L. Horn Chief Assistant State Attorney for Administration r Please Recycle