HomeMy WebLinkAboutReso 2009-1499
RESOLUTION NO. 2009- J.19..9
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 ST ATE FOR THE COST OF ST ATE ATTORNEY
PROSECUTION OF CERTAIN CRIMINAL VIOLATIONS OF THE
CODE OF THE CITY OF SUNNY ISLES BEACH FOR FISCAL
YEAR 2009/2010; AUTHORIZING THE MAYOR TO EXECUTE THE
AGREEMENT; AUTHORIZING THE CITY MANAGER TO DO ALL
THINGS NECESSARY TO EFFECTUATE THE INTENT OF THIS
RESOLUTION; 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's Code; and
WHEREAS, Section 27.02, Florida Statutes, authorizes the State Attorney 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 prosecutions of criminal prosecutions; and
WHEREAS, the City and the State Attorney have agreed to enter into an interlocal
agreement for the prosecution of said municipal violations for Fiscal Year 2009/20 I O.
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 Agreement by and between the City of
Sunny Isles Beach and the State Attorney for the Eleventh Judicial Circuit of Florida for Fiscal Year
2009/2010, attached hereto as Exhibit "A", be and the same, are hereby approved.
Section 2. Authorization of Mayor. The Mayor is hereby authorized to execute the attached
Interlocal Agreement, attached hereto and made a part hereof as Exhibit "A".
Section 3. Authorization of City Manager. The City Manager is hereby authorized to do all
things necessary to effectuate the intent of this Resolution.
Section 4.
Effective Date. This Resolution shall take effect immediately upon adoption.
PASSED AND ADOPTED this 19th day of November 2009.
R2009- Stale Ally lnlerlocal Agml Reimbursemenl for Proseculion FY 2009-2010
Page 1 01'2
'ATTEST
. .
.: &,A~
Jane A. Hines, CMC, City Clerk
"
"
'. '"
. ,
~
" '
~ 4' ~ ~.
Moved by:
Seconded by:
Vote: 5-0
Mayor Edelcup
Vice Mayor Thaler
Commissioner Brezin
Commissioner Goodman
Commissioner Scholl
V(Y es)
V(Y es)
~Yes)
V(Y es)
~(Yes)
R2009- Slate Atty Interlocal Agml Reimbursemenl for Proseculion FY 2009-2010
Cvmm\~~'OA)Y1? ~rMW
y\~ ~ ((\~f)~ ~1\L8C.
_(No)
_(NO)
_(NO)
_(NO)
_(NO)
Page 2 01'2
AGREEMENT BETWEEN CITY OF SUNNY ISLES BEACH AND THE
STATE OF FLORIDA, OFFICE OF THE STATE ATTORNEY FOR THE
ELEVENTH JUDICIAL CIRCillT 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 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:
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, 2008, 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
Pavment 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
Reportin!!:
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 Chare:es
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
N on-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~ t\ ~
.
By: 3PrlV~ A. ~ I tU <C. ~ ('r.\ C
. ., POSITIONC!.\"-l( C. L <tR..
~
ATTEST
By:
State Attorney's Office
Eleventh Judicial Circuit
/
By:
Don L. Horn
Chief Assistant State Attorney
for Administration
City of Sunny Isles Beach
18070 Collins Avenue
Sunny Isles Beach, Florida 33160
City Commission
Norman S. Edelcup, Mayor
Lewis J. Thaler, Vice Mayor
Roslyn Brezin, CommisJioner
Gerry Goodman, CommirJioner
George "Bud" Scholl, Commir.rioner
(305) 947-0606 City /-Iall
(305) 949-3113 Fax
(305) 947-2150 Building Department
(305) 947-5107 Fax
Rick Conner, City Manager
Hans Ottinot, City Attorney
Jane A. Hines, City Clerk
MEMORANDUM
TO: The Honorable City Commission
FROM: Hans Ottinot, City Attorney
DATE: November 19,2009
RE: Approving an Interlocal agreement with the State Attorney for Reimbursement
of Municipal Violations.
RECOMMENDATION:
This Resolution is presented for your consideration.
REASONS:
This is a renewal of an Interlocal Agreement between the City and the State Attorney regarding
the prosecution of municipal violations.
/ Attachment
-9~
C~/v.
Oc I ~o
<='1?J, 3, ~f>
OQt Of oS. clOg
t'e fJ""
Oftl" ~ /.s"
6l C. 6l.s ~
~~~
/~ol}Y 0'"
STATE ATTORNEY
ELEVENTH JUDICIAL CIRCUIT OF FLORIDA
E. R. GRAHAM BUILDING
1350N.W.I2THAVENUE
MIAMI, FLORIDA 33136-21 II
KATHERINE FERNANDEZ RUNDLE
STATE ATTORNEY
TELEPHONE (305) 547-0100
October 8, 2009
Mr. A. John Szerlag
City Manager
City of Sunny Isles Beach
18070 Collins Avenue
Sunny Isles Beach FL 33160
RECEIVED
OCT 2 2 2009
CllY OF SUNNY ISLES BEACH
OffiCE Of THE CIlY ATTORNEY
Dear Mr. Szerlag:
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:
37. 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.
38. Billing for ordinance violations for your jurisdiction for the period of July 1 -
September 30,2009. 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. A. John SzerIag
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 ofPlorida 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: 1
Total Cost: $16.67
Sincerely,
KATHERINE FERNANDEZ RUNDLE
State Attorney
DC)
By:
Don L. H
Chief Assistant State Attorney for Administration
DLH/cj
Enclosures
JOB-NOM: J972400
PROGRAM: CJSB838
OFFICE OF THE STATE ATTORNEY - 11TH CIRCUIT
ORDINANCE BILLING REPORT
ORDINANCE CHARGES FILED IN JUL, 2009
INVOICED TO: SUNNY ISLES BEACH
CASE #
POLICE #
B09038760 0902000
CASE COUNT:
DATE: 08/05/2009
REPORT PAGE: 49
PAGE:
1
CHARGE DATE CHARGE NUMBER / DESCRIPTION
NAME
06/30/2009 30-210.1(A)ALC/OPN CONT/VEHICLE
TRITSCH
1