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Home My WebLink AboutReso 2010-1633RESOLUTION NO. 2010- J l, ~ ~ 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 2010/2011; 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 201012011. 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 2010/2011, 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 18th day of November 2010. R20 10- State Atty Interlocal Agmt Reimburse Prosecution FY 20 I 0-20 II Page I 01'2 ATTEST: ~,h~ Attorney Vote: S-o Mayor Ede1cup Vice Mayor Thaler Commissioner Brezin Commissioner Goodman Commissioner Scholl Moved by: Seconded by: V(Yes) V(Y es) V(Y es) -!L(Y es) lLfy es) R2010- State Atty lnterlocal Agmt Reimburse Prosecution FY 2010-2011 c/) ~~~~/ (1..oY't\~k~ Sc..kDLL. . 'il ~ vY\ ~T 1-\ 'I\L 'C..R. _(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 CIRCUIT OF FLORIDA TO REIMBURSE THE STATE FOR THE COST OF STATE ATTORNEY PROSECUTION OF CERTAIN CRIMINAL VIOLATIONS OF THE CITY OF SUNNY ISLES BEACH CODE This agreement is entered into this I\~ day of JU\lEIN\t?€:(2.. ,2010, 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 1,2010, through September 30, 2011. 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, 2011, 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 M 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 Police Chief 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 Charees 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 B~~~ POSITION CW{ t~~ ~ ATTEST State Attorney's Office Eleventh Judicial Circuit By: ~~~~1\ ~. J u II ~ ( ((j,-'..J:.~ J By O~~ Don L. Horn Chief Assistant State Attorney for Administration ORM CIENCY .. R'=C'=IVEO I ~ STATE ATTORNEY OCT 1 8 2010 C' Ity of Sunny ISles e Office of the City M each anaget ELEVENTH JUDICIAL CIRCUIT OF FLORIDA E. R. GRAHAM BUILDING 1350 N.W. 12TH AVENUE MIAMI, FLORIDA 33136-2111 KA THERINE FERNANDEZ RUNDLE STATE ATTORNEY TELEPHONE (305) 547-0100 October 11, 2010 Mr. A. John Szerlag City Manager City of Sunny Isles Beach 18070 Collins Avenue Sunny Isles Beach FL 33160 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: 1. Proposed agreement for the prosecution of ordinance violations for the period of October 1, 2010 - September 30, 2011. 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, 2010. 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 5.27 .34( 1), Florida Statutes. Mr. A. John Szerlag 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. Iih 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 ::te ~:y/- Don L. Horn Chief Assistant State Attorney for Administration DLH/ld Enclosures JOB-NUM: J972400 PROGRAM: CJSB838 OFFICE OF THE STATE ATTORNEY - 11TH CIRCUIT ORDINANCE BILLING REPORT ORDINANCE CHARGES FILED IN SEP, 2010 INVOICED TO: SUNNY ISLES BEACH CASE # POLICE # B10047238 1002883 CASE COUNT: DATE: 10/02/2010 REPORT PAGE: 29 PAGE: 1 CHARGE DATE CHARGE NUMBER / DESCRIPTION NAME VARAS 1 09/20/2010 21-28 NOISE/LOUD/EXCESSIVE Preview Page 1 of 1 City of Sunny Isles Beach 18070 Collins Avenue Sunny Isles Beach, Florida 33160 (305) 947-0606 City Hall (305) 949-3113 Fax MEMORANDUM TO: The Honorable Mayor and City Commission FROM: Hans Ottinot, City Attorney DATE: 11/18/2010 RE: Approving an Interlocal Agreement with the State Attorney for Reimbusement of Municipal Violations RECOMMENDA TION: 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. A TT ACHMENTS: . Resolution . Agreement http://sibagenda.sibfl.net/agenda/Preview.aspx?1 temlD=3 78&MeetingID=0&MeetingDat... 11/12/20 10 TO: FROM: DATE: RE: City of Sunny Isles Beach 18070 Collins Avenue Sunny Isles Beach, Florida 33160 City Commissioll Norman S. Edelcup, Mayor Lewis J. Thaler, Vi<r Mayor Roslyn Brezin, Commi!C'lrJ/ler Gerry Goodman, Commi!C,irJ/ler George "Bud" SchoU, (i,mmir.rioller (305) 947-0606 City Ilall (305) 949-3113 J,'ax (305) 947-2150 Building Department (305) 947-5107 Fax Rick Conner, Cily Mall".~e,. Hans Ottino!, Cily A"om~y Jane A. Hines, Cily Clerk. MEMORANDUM The Honorable City Commission Hans Ottinot, City Attorney ~ \.D-- November 18, 2010 ~ U 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