HomeMy WebLinkAboutExhibitAGREEMENT BETWEEN THE CITY OF MIAMI,
FLORIDA, AND THE STATE OF FLORIDA, OFFICE OF
THE PUBLIC DEFENDER FOR THE ELEVENTH
JUDICIAL CIRCUIT OF FLORIDA TO REIMBURSE THE
STATE FOR THE COST OF DEFENDING CERTAIN
CRIMINAL VIOLATIONS OF THE CODE OF THE CITY
OF MIAMI, FLORIDA.
This agreement is entered into this day of , 2007 , 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 Public Defender for the Eleventh Judicial Circuit
of Florida (hereinafter referred -to -as "Public Defender").
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 defending
violations of county or municipal ordinances unless that defense .is ancillary to a state
prosecution or the Public Defender 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 defend violations of the
Code of the City of Miami, Florida; and
WHEREAS, Section 27.51, Florida Statutes, authorizes the Public Defender to defend
persons accused of violating municipal ordinance violations punishable by incarceration if
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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 persons accused of violating municipal ordinance
violations as authorized in Sections 27.51, and 27.54, Florida Statutes. The City agrees to rcillit,
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 of the City of Miami, Florida. 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
Terms
This agreement shall be effective upon signature of all of the parties and shall expire on
September 30, 2012, 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.
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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 agrc;;n;ent,- including —individual City of Miami —
Police Department case numbers, and the 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 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.
ARTICLE V
Reporting
All required reports shall be submitted to:
Jorge L. Fernandez, Esq.
City Attorney
444 SW 2nd Avenue
Suite 945
Miami, Florida, 33130.
ARTICLE VI
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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 agr.e,
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 termiratY_ this 'agrerrient at any time with 'or without -cause -by
furnishing written notice to the other party with no less than sixty (60) 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, 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.
PEDRO G. HERNANDEZ
CITY MANAGER
CITY OF MIAMI, FLORIDA
Date:
Attest:
PRISCILLA S. THOMPSON
CITY CLERK
CITY OF MIAMI, FLORIDA
APPROVED AS TO FORM
AND LEGAL SUFFICIENCY_
r' L. FERNANDEZ (,iKy4
CITY T RNEY
CITY —OF IAMI, FLORIDA
FOR RISK MANAGEMENT:
LEEANN BREHM
RISK MANAGEMENT ADMINISTRATOR
BENNETT H. BRUMMER
PUBLIC DEFENDER
Public Defender's Office
Eleventh Judicial Circuit
Date:
Attest:
By:
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