Resolution No. 2016-03 State Attorney Agreement for Prosecution of Criminal Violations - January 5, 2016 RESOLUTION NO. 2016-03
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA AUTHORIZING THE CITY MANAGER TO
EXECUTE AND OTHERWISE ENTER INTO THAT AGREEMENT
BETWEEN THE CITY OF AVENTURA 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 AVENTURA CODE; AUTHORIZING
THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY
OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING FOR AN
EFFECTIVE DATE.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, THAT:
Section 1. The City Manager is authorized to execute and otherwise enter into
that certain Agreement attached hereto between the City of Aventura 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 Aventura Code.
Section 2. The City Manager is authorized to do all things necessary to carry
out the aims of this Resolution.
Section 3. This Resolution shall become effective immediately upon its
adoption.
The foregoing Resolution was offered by Vice Mayor Shelley, who moved its
adoption. The motion was seconded by Commissioner Holzberg, and upon being put to
a vote, the vote was as follows:
I
Commissioner Enbar Cohen Yes
4 Commissioner Teri Holzberg Yes
Commissioner Denise Landman Yes
Commissioner Marc Narotsky Yes
Commissioner Howard Weinberg Yes
Vice Mayor Robert Shelley Yes
Mayor Enid Weisman Yes
City of Aventura Resolution No. 2016-03
PASSED AND ADOPTED this 5th day of January, 2016.
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���`` NI i 'ISMAN, MAYOR
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ATTEST:
ELLISA L. HORVATH, C
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
CITY ATTORNEY
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AGREEMENT BETWEEN CITY OF AVENTURA 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
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This agreement is entered into this 5� day of Tai)i)a V , 25, by and between City of
Aventura, 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:
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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, 2015 through September 30, 2016. 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, 2016, 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.
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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
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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
(4)
Chapter 768.28 ( , 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.
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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.
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ATTEST: / •
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NAME >', - City Commission
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By' _A_A iG ;Ad By: `Nor
POSITION ' C. ' ph
ATTEST State Attorney's Office
Eleventh Judicial Circuit
By: % /�, 4 - �.4i By:
Don . Horn
Chief Assistant State Attorney
for Administration
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