HomeMy WebLinkAboutReso 2014-2357RESOLUTION NO. 2014 - 23-5
A RESOLUTION OF THE CITY OF SUNNY ISLES BEACH,
FLORIDA, APPROVING AN INTERLOCAL AGREEMENT WITH
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 OF THE CITY OF SUNNY ISLES BEACH FOR FISCAL
YEAR 2014/2015; AUTHORIZING THE MAYOR TO EXECUTE
SAID AGREEMENT; AUTHORIZING THE CITY MANAGER TO DO
ALL THINGS NECESSARY TO EFFECTUATE THIS RESOLUTION;
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS. the Citv 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
Code: and
WHEREAS. Section 27.02. Florida Statutes, authorizes the State Attomev for the Eleventh
Judicial Circuit of Florida ( "State Attorney") to enter into agreements with municipalities to
reimburse the State for the costs associated with the prosecution of criminal violations of the City
Code: and
WHEREAS. the Citv and the State Attorney have agreed to enter into an interlocal
agreement for the prosecution of said municipal violations for Fiscal Year 2014/2015.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF SUNNY ISLES BEACH AS FOLLOWS:
Section 1. Approval of Agreement. The Interlocal Aereement by and between the Citv of
Sunny Isles Beach and the State Attorney for the Eleventh Judicial Circuit of Florida for Fiscal Year
2014/2015, attached hereto as Exhibit "A ", be and the same, is hereby approved.
Section 2. Authorization of Mayor. The \'favor is hereby authorized to execute the attached
Interlocal Agreement, attached hereto and made a pan hereof as Exhibit "A ".
Section 1. Authorization of City Manager, The City Manager is hereby authorized to do all
things necessary to effectuate this Resolution.
Section 4. Effective Date. This Resolution shall take effect immediately upon adoption.
R2014. State Air\. Interlocal Agmt Reimburse Prosecution F}' 20142015 Page 1 or 2
PASSED AND ADOPTED this 18th day of December 2014
'j� % i.-
\ATTEST:
•'_; Jade A. Rin6s. MMC, City Clerk
APPROVED AS TO FORM
AND LEG)tL SUFFICIENCY:
Attorney
Vote: 6 —t)
Mayor Scholl
Vice Mayor Aelion
Commissioner Gatto
Commissioner Goldman
Commissioner Levin
Moved by:
Seconded by
V"" (Yes)
_VYes)
(Yes)
Yes)
(Yes)
H. Scholl. Mayor
V 1 C. I `1 \0.ND✓ N (O'er
('0w\Mjo-.gV0►US& G^TTO
(``o)
_(No)
(`'o)
_(No)
_(No)
R2014- State Any Interlocal Agmt Reimburse Prosecution FY 2014 -2015 Page 2 of 2
AGREEMENT BETWEEN CITY OF SUNNY ISLES BEACH 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
IcERTAIN CRIMINAL VIOLATIONS OF THE
Ll� cr�w,►N ISLES { CODE
This agreement is entered into this 16* day of l ,CEMbea , 2014, by and
between City of Sunny Isles Beach, 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:
Exhibit"A" •
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 of current year through September 30 for 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, 2015, 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 .31P54„)€ 4-, 4i, � City ■mmissinn GaRGE
-4. <NoLL
, ‘ ,
■
. • 4 . By:
• TItN U'T Aqb2
ATTEST State Attorney's Office
Eleventh Judicial Circuit
By. / .4.j. C l// ifra. By: 1/0:C
Don L. Horn
Chief Assistant State Attorney
for Administration
APf'RO ' 1 • '►I FORM
P ' ;i : , CIENCY
41/Ararif
4P/7 07 r0 ,CITY ATTORNEY
mE
r
STATE ATTORNEY
ELEVENTH JUDICIAL CIRCUIT OF FLORIDA
E. R- GRAHAM BUILDING
1350 N.W. 12TH AVENUE
NIUMM1, FLORIDA 33136 -2111
KATHERL \E FERNANDEZ RUNDLE
STATE ATTORNEY
November 13. 2014
Mr. Christopher J. Russo
City Manager
City of Sunny Isles Beach
18070 Collins Avenue
Sunny Isles Beach FL 33160
Dear Mr. Russo:
TELEPHONE (305) 547 -0100
RECEIVED
NOV 2 4 P014
City of Sunny Isles Beach
Office of the City Manager
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 (I) 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 proposed agreement for the prosecution of ordinance violations for the
period of October 1 of current year through September 30 for following year. 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 donIliom(@.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 autho(ity 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 S16.67
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 don lhomOmiamisao.com.
Sincerely,
KATHERINE FERNANDEZ RUNDLE
State /Attomey
B v -It �
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DLH/ci
Enclosures
Don L. Horn
Chief Assistant State Attorney for Administration
"rls4e
City of Sunny Isles Beach
FS0"
- e9
18070 Collins Avenue, Suite 250
_ 0
Sunny Isles Beach. Florida 33160
'.
(305) 947 -0606 City Hall
(305) 949 -3113 Fax
P
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(305) 947 -2150 Building Deparvnenc
E cir FLOP s,os
(305)947 -5107 Fax
t O� 5VH �
MEMORANDUM
TO: The Honorable Cite Commission
FROM: Hans Ottinot, City Attorney
DATE: December 18. 2014
Ciro Commission
George -Bud" Scholl, M.Yor
Isaac Action. Vice dlapor
Jeanette Gana. Commissioner
Jennifer Levin. Commissioner
Dana Goldman. Commissioner
Christopher.l. Russo Cay,ilanager
Ilan Ottinot. Ciq,Auornn
Jane A. IIines. JINIC. Grc Clerk-
RE: Approving an Interlocal Agreement with the State Attorney for Reimbursement
of Municipal Violations
RECUMMEN IATION
This Resolution is presented for your consideration.
REASONS
This is a renewal of an Interlocal Agreement between the Citv and the State Attorney regarding
the prosecution of municipal violations.
ATTACHMENTS:
• Resolution
• Approving an Interlocal Agreement with the State Attomev for Reimbursement of
Municipal Violations