Agreement with Florida's Office of State Attorneyao~ ~ ~- a ~ ~~ z
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AGREEMENT BETWEEN THE CITY OF MIAMI BEACH,
FLORIDA 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 MIAMI BEACH CODE AND MIAMI-
DADE COUNTY CODE ,
This Agreement is entered into this ~~ day of ~ /,ds 2008, by and between the
City of Miami Beach, a municipal corporation 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 Code, as well as certain applicable sections of the Miami-Dade County Code (hereinafter
collectively referred to as "the 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 Code for the period of October 1,
2008 through September 30, 2009. The State Attorney shall provide such clerical and
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professional personnel as may be required for the performance of any of the functions of the
State Attorney as set forth in this Agreement. The City will not be charged for the prosecution of
Code violations ancillary to State prosecution or for the prosecution of municipal ordinance
violations not punishable by incarceration.
ARTICLE II
Term
This Agreement shall expire on September 30, 2009, 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, the court case numbers, police case numbers, police officer identification number,
arrest dates, dates the cases are closed, and the total amount due for payment for the previous
month.
The City shall remit each payment within thirty (30) days after receiving said invoice
from the State Attorney.
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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:
City of Miami Beach
Jorge Gonzalez
City Manager
1700 Convention Center Drive, Fourth Floor
Miami Beach, FL 33139
With copies to:
Steven H. Rothstein
First Assistant City Attorney
1700 Convention Center Drive, Fourth Floor
Miami Beach, FL 33139
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.
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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 and Title VI and VII, Civil Rights Act of 1964 (42 USC 2000 d, e)
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.
ATTES
Robert Parcher
City Clerk
City of Miami Beach, Flori a
By:
orable atti .Bower
City Mayor
ATTEST
By:
Print name
State Attorney's Offi e
Eleventh dicial it uit
By: S p~ ~l-~$'
on L. orn
Chief_ As~:istant State Attorney
for Administration
APPROVED AS TO
FORM & NGUAGE
FOR X CUTION:
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ttorn ~ ~ Date
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