HomeMy WebLinkAboutExhibitAGREEMENT BETWEEN CITY OF MIAMI 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 , 2013, by and between City of
Miami, 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 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:
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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
Municipal Code for the period of October 1, 2013, through September 30, 2019. 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. This agreement
specifically does not authorize the State to handle appeals of municipal ordinances on
constitutional grounds, which shall remain the responsibility of the municipality that
passed the ordinance.
ARTICLE II
Terms
This agreement shall expire on September 30, 2019, 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.
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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, and the total amount
due for payment for the previous month. The City shall remit each payment within ten
(10) 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
Reporting
All required reports shall be submitted to the City of Miami Office of the City
Attorney:
Victoria Mendez, City Attorney
Office of the City Attorney
444 S.W. 2nd Avenue, Suite 945
Miami, Florida 33130.
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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.
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 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
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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.
By: State Attorney's Office
Johnny Martinez, City Manager Eleventh Judicial Circuit
Date:
Attest:
By:
Todd Hannon, City Clerk
Date:
Approved as to Form and Correctness:
By:
Victoria Mendez, City Attorney
Date:
Approved as to Insurance Requirements:
By:
Calvin Ellis, Risk Management
Date:
By:
Don L. Horn
Chief Assistant State Attorney
for Administration
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