HomeMy WebLinkAboutAgreement State Attorney
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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 18th day of May , 2005, 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 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
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Municipal Code for the period of July I, 2004, through September 30, 2005. 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, 2005, 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.
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The City shall remit each payment within ten (l0) 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:
City of Miami Beach
Jorge Gonzalez
City Manager
1700 Convention Center Drive
Miami Beach, FL 33139
With copies to:
Roberto T. Datorre
Assistant City Attorney
1700 Convention Center Drive
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
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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.
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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.
8y:1iwrP~
Robert Parcher
City Clerk
each, Florida
ATTEST:
NAME
norable David Dermer
lty Mayor
ATTEST
State Attorney's Office
Eleventh Judicial Circuit
BY:_~ ~~
BL~~
T. F. Mannelli
Executive Director
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION:
AjILHI01~JLt 'f-J..t;-Of)-
'~ Date
F:\atto\DA TR\Contracts\SAO\Contract for City of Miami Beach Ordinance Violations Final.doc
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