HomeMy WebLinkAboutexhibitAGREEMENT BETWEEN THE CITY OF MIAMI,
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 CODE OF THE CITY OF MIAMI, FLORIDA.
This agreement is entered into this day of , 2004, by and between the
City of Miami, Florida, a 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 Florida Legislature recently passed legislation intended to implement the
amendment to Article V of the Florida. Constitution; and
WHEREAS, Chapter 2004-265, Laws of Florida, prohibits the state from prosecuting
violations of county or municipal ordinances unless that prosecution is ancillary to a state
prosecution or the state attorney has contracted with the county or municipality for
reimbursement for services; and
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
Code of the City of Miami, Florida; 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
Page 1 of 5
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 of the City of Miami, Florida, for
the period bf July 1, 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.
Page 2 of 5
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 Attomey 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, andthe total amount due for payment for the
previous month.
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 Office of the Chief, City of Miami Police
Department, 400 NW 2nd Avenue, Miami, Florida, 33128.
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.
Page 3 of 5
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.
Page 4 of 5
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.
JOE ARRIOLA
CITY MANAGER
CITY OF MIAMI, FLORIDA
KATHERINE FERNANDEZ RUNDLE
STATE ATTORNEY
State Attomey's Office
Eleventh Judicial Circuit
Date: Date:
Attest: Attest:
PRISCILLA S. THOMPSON
CITY CLERK
CITY OF MIAMI, FLORIDA
APPROVED AS TO FORM
AND LEGAL SUFFICIENCY:
JORGE L. FERNANDEZ
CITY ATTORNEY
CITY OF MIAMI, FLORIDA
FOR RISK MANAGEMENT:
egg
DANIA F. CARRILLO
RISK MANAGEMENT ADMINISTRATOR
By:
Page5of5