Resolution No. 2018-93 Agreement to Reimburse State for Cost of State Attorney Prosecution of Certain Criminal Violations - November 13, 2018 RESOLUTION NO. 2018-93
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 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 Commissioner Shelley, who moved its
adoption. The motion was seconded by Commissioner Mezrahi, and upon being put to
a vote, the vote was as follows:
Commissioner Denise Landman Yes
Commissioner Gladys Mezrahi Yes
Commissioner Marc Narotsky Yes
Commissioner Robert Shelley Yes
Commissioner Howard Weinberg Yes
Vice Mayor Dr. Linda Marks Yes
Mayor Enid Weisman Yes
City of Aventura Resolution No. 2018-93
PASSED AND ADOPTED on this 13th day of November, 2018.
MAYOR ENID WEISMAN
X06 £0
ATTEST:
ELLISA L. HORVATH C, CITY CLERK
Approved as to Form and Legal Sufficiency:
CITY ATTORNE
Page 2 of 2
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
Ci'4c A 63370f & CODE
This agreement is entered into this I-5 day of h,(_)k'erik c= , 2018, 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:
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, 2019, 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 Cr-0i f`'l+ ii\C€Q Gfn(;E.
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 (14), 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: �~ - G`'
8/4.:E14Di / .) :iFii. 1,-.: , 1
`\'' : ,4� City
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By: t Ot62.O.1.'excy` �}`� By By: l 'idiAlt
POSITION
ATTEST State Attorney's Office
4 Eleventh Judicial Circuit
By: 6,,,,,,ir ,---- By: ` /
Don L. Ho
Chief Assistant State Attorney
for Administration
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