HomeMy WebLinkAboutExhibit - AgreementAGREEMENT 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 VIOLATIONS OF
THE CITY OF MIAMI OR MIAMI-DADE COUNTY CODE.
This agreement is entered into this day of , 2014 , 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 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, Sections 27.51 and 27.54(2), Florida Statutes, authorize 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
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required for the performance of any of the functions of the Public Defender as set forth in this
Agreement. This Agreement does not conunit 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 commencing retroactively on October 1, 2012, 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.
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
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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:
Victoria M6ndez
City Attorney
444 SW 2nd Avenue
Suite 945
Miami, Florida, 33130.
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.
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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.
ARTICLE X
Audit and Inspection Rights
The City may, at reasonable times, and for a period of up to three (3) years following the
date of final payment by the City under this Agreement, audit, cause to be audited, inspect or
cause to be inspected, those books and records which are related to the Public Defender's
performance under this Agreement. Public Defender agrees to make such books and records
available for a period of three (3) years after final payment is made under this Agreement.
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IN WITNESS WHEREOF, the parties have caused this Agreement to be executed by
their respective and duly authorized officers the day and year first written above.
PUBLIC DEFENDER'S OFFICE
Eleventh Judicial Circuit:
RORY S. STEIN
GENERAL COUNSEL
Date:
CITY OF MIAMI:
DANIEL J. ALFONSO
CITY MANAGER
Attest:
TODD B. HANNON
CITY CLERK
APPROVED AS TO FORM
AND CORRECTNESS:
VICTORIA MENDEZ
CITY ATTORNEY
APPROVED AS TO INSURANCE REQUIREMENTS
ANN-MARIE SHARPE,
INTERIM DIRECTOR, RISK MANAGEMENT
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