Agreement with Office of the Public Defender State of FL~~c~7 a~ ya2~
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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 /~~ day of ~~~'rt~,gtr1~-- , 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 Defenderforthe 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 I
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. 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 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
Term
This Agreement shall be effective commencing on October 1, 2007, and shall
continue in effect until terminated pursuant to Article VII of this Agreement. 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 Public Defender on an hourly basis for services
rendered 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 period.
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 specifically 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.
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 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 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 Public Defender 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 on the basis 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. 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 Agreementto be executed by
their respective and duly authorized officers the day and year first above written.
ATTEST:
City of Miami Beach, Florida
B ~`" vwt, BY:
Y
Robert Parcher onorable Matti Herrera Bower
City Clerk City Mayor
ATTEST:
Public Defender's Office
Eleventh Judicial Circuit
B .- ~'~ By' J
Rory .Stein
General Counsel
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
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