Agreement with State of Florida'007 -;Gs 3
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AGREEMENT BETWEEN THE CITY OF MIAMI BEACH,
FLORIDA AND THE STATE OF FLORIDA, OFFICE OF
THE PUBLIC DEFENDER FOR THE ELEVENTH
JUDICIAL CIRCUIT OF FLORIDA TO REIMBURSE THE
STATE FOR THE COSTS OF DEFENDING CERTAIN
VIOLATIONS OF THE CITY OF MIAMI BEACH CODE
This Agreement is entered into this PI day oftau , 2007, 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 Public Defender for the Eleventh Judicial Circuit of Florida
(hereinafter referred to as "Public Defender").
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 (hereinafter referred to as "the Code"); and
WHEREAS, Section 27.51, Florida Statutes, authorizes the Public Defender to defend
persons accused of municipal ordinance violations punishable by incarceration if ancillary to
State prosecution or, if not ancillary to State prosecution, when the Public Defender contracts
with the City for reimbursement.
NOW, THEREFORE, the parties hereto agree as follows:
ARTICLE 1
Services
The Public Defender agrees to defend indigent persons accused of municipal ordinance
violations as authorized in Sections 27.51, and 27.54, Florida Statutes. The City agrees to remit,
subject to the terms outlined in Article III of this Agreement, to the Public Defender the required
funds to reimburse for costs associated with the defense of persons accused of violations of the
Code for the period of June I, 2007 through September 30, 2007. The Public Defender shall
provide such clerical and professional personnel as may be required for the performance of any
of the functions of the Public Defender as set forth in this Agreement. This Agreement does not
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commit the City to pay for the defense of persons accused of municipal code violations ancillary
to State prosecution or for the defense of persons accused of municipal ordinance violations not
punishable by incarceration.
ARTICLE II
Terms
This Agreement shall expire on September 30, 2007, 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 II1
Pavment Schedule
The City agrees to reimburse the Public Defender on an hourly basis for services
rendcred at a rate of Fifty dollars ($50) per hour. On a quarterly basis, the Public Defender shall
provide the City with an invoice including, but not limited to, the hours of services rendered,
number of cases defended as set forth in this Agreement, the court case numbers, police case
numbers, 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 Public Defender.
ARTICLE IV
Responsibilities
The City does not delegate any of its responsibilities or powers to the Public Defender
other than those enumerated in this Agreement. The Public Defender does not delegate any of its
responsibilities or powers to the City other than those enumerated in this Agreement.
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ARTICLE V
Reporting
All required reports shall be submitted to the:
with copies to:
City of Miami Beach
Jorge Gonzalez
City Manager
1700 Convention Center Drive, Fourth Floor
Miami Beach, FL 33139
Steven FI. Rothstein
Senior Assistant City Attorney
1700 Convention Center Drive, Fourth Floor
Miami Beach, FL 33139
ARTICLE VI
Indemnification
It is expressly understood and intended that the Public Defender 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 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 Public Defender agrees to abide and be governed by Title 1I of the Americans with
Disabilities Act of 1990 and Title VI and VII, Civil Rights Act of 1964 (42 USC 2000 d, e)
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which provides in pari that there will not he 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.
ATTE T:
By: iC4A
Robert Parcher
City Clerk
ATTEST
By:
Print name
City df Mi
B
ch, Florida
onorable David Dermer
City Mayor
Public Defender's Office
Elevent
Rory'Sfein
General Counsel
APPROVED AS TO
FORM & LANGUAGE
FORE CUTION:
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