2005-068
RESOLUTION NO. 2005-68
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 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 Commissioner Auerbach, who moved
its adoption. The motion was seconded by Commissioner Holzberg, and upon being
put to a vote, the vote was as follows:
Commissioner Zev Auerbach yes
Commissioner Bob Diamond yes
Commissioner Harry Holzberg yes
Commissioner Michael Stern yes
Commissioner Luz Urbaez Weinberg yes
Vice Mayor Billy Joel yes
Mayor Susan Gottlieb yes
Resolution No. 2005--68
Page 2
PASSED AND ADOPTED this 1st day of November, 2005.
TO LEGAL SUFFICIENCY:
~
CITY ATTORNEY
AGREEMENT BETWEEN C..., o.p Av~,"",,~c-
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 C.~ D f 4..e.,~
CODE
This agreement is entered into this _ day of
, 2005, by and between
C.-a.,of A~-ft.vClra 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 ofthe 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:
I
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 I, 2005, through September 30, 2006. 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.
ARTICLE II
Terms
This agreement shall expire on September 30, 2006, 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
2
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
Reportine:
All required reports shall be submitted to the
3
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 Charl!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
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
4
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
By:
POSITION
By:
el1-lot- ~. .sOf"O K...
c, ~ Mca.""...,e.f'
State Attorney's Office
Eleventh Judicial Circuit
ATTEST
By:
By:
T. F. Mannelli
Executive Director
5