AGENDA REPORT FORIDQ. City Commission. Agreement. Adopt aresolution approving an agreement

Similar documents
CITY OF NORTH LAUDERDALE COMMUNITY DEVELOPMENT DEPARTMENT. Tammy L. Reed-Holguin, Community Development Director

AGENDA REPORT. Interlocal Agreement with Polk County for Solid Waste Disposal

INTERLOCAL AGREEMENT FOR HAZARDOUS MATERIALS EMERGENCY RESPONSE SERVICES AND FUNDING BY AND BETWEEN PALM BEACH COUNTY AND THE CITY OF DELRAY BEACH

ORDINANCE NO

AGREEMENT. THIS AGREEMENT, made and entered into this day of October, 2017,

Lee County Board Of County Commissioners Agenda Item Summarv

THIS INTERLOCAL AGREEMENT ( Agreement ) is made and entered into as of. this day of, 2016, by and between PALM BEACH COUNTY

CITY OF WAUCHULA/HARDEE COUNTY INTERLOCAL AGREEMENT FOR RIGHT OF WAY UTILIZATION

City of La Palma Agenda Item No. 11

City of Fairfax, Virginia City Council Regular Meeting

IN TH E THIRTEENTH J UDICIAL CIRCUIT HILLSBOROUGH COUNTY, FLORIDA. ADMINISTRATIVE ORDER S (Supersedes Administrative Order S )

TOWN OF JUPITER Town Manager s Office

ORDINANCE NO. 11-O-03AA

HAMPSHIRE COUNTY EMERGENCY AMBULANCE SERVICE FEE ORDINANCE

IN-LIEU OF PARKING FEE PAYMENT AGREEMENT

AGREEMENT FOR CIVIL LEGAL SERVICES. THIS AGREEMENT, made and entered into this day of, 2016, by

INTERLOCAL AGREEMENT BETWEEN CITY OF KANNAPOLIS, NORTH CAROLINA AND ROWAN COUNTY, NORTH CAROLINA. Dated as of November, 2018

IN THE THIRTEENTH JUDICIAL CIRCUIT HILLSBOROUGH COUNTY, FLORIDA. ADMINISTRATIVE ORDER S (Supersedes Administrative Order S )

INTERLOCAL AGREEMENT BETWEEN THE CITY OF CLERMONT, FLORIDA AND LAKE COUNTY, FLORIDA FOR JOINT FIRE STATION

AGREEMENT BETWEEN THE COUNTY OF MARIN AND ALTERNATE DEFENDERS, INC.

JAN O S lolfhis ~f~ent PREPARED BY

INTERLOCAL AGREEMENT BETWEEN NASSAU COUNTY, FLORIDA, AND THE CITY OF FERNANDINA BEACH, FLORIDA

AGREEMENT. THIS AGREEMENT is made and entered into as of this 1st day of July, 2013, by and SARASOTA COUNTY SCHOOL BOARD, FLORIDA

SHARED SERVICES NJSA 40A:65-1 et seq. GPANJ Educational Symposium March 23, 2017

GEORGIA INDIGENT DEFENSE SERVICES AGREEMENT

HILLSBOROUGH COUNTY, FLORIDA, PROVIDING FOR AN AMENDMENT TO THE DEVELOPMENT REVIEW PROCEDURES MANUAL AND PROVIDING AN EFFECTIVE DATE.

MONROE COUNTY EMERGENCY AMBULANCE SERVICE FEE ORDINANCE SECTION 1 PURPOSE AND LEGISLATIVE AUTHORITY

201 7 LAW ENFORCEMENT AGREEMENT

BYLAWS OF FAIRWAYVILLAGE HOMEOWNERS ASSOCIATION, INC

AGREEMENT. THIS AGREEMENT is made and entered into as of this I st day of July, 2008, by and between

FIRST AMENDMENT TO AGREEMENT. Between BROWARD COUNTY. and CITY OF CORAL SPRINGS

GRANT AGREEMENT WITNESSETH:

FUNDING AGREEMENT RECITALS

HAMPSHIRE COUNTY EMERGENCY AMBULANCE SERVICE FEE ORDINANCE

Agenda Item Cover Sheet Agenda Item N o.

CHAPTER Committee Substitute for Senate Bill No. 1088

CONTRACT FOR SUPPLY OF WATER FROM THE CITY OF INDEPENDENCE, MISSOURI TO CITY OF OAK GROVE, MISSOURI. THIS CONTRACT, made and entered into this day of

Recommendation of VAB Counsel and Draft Contract for Legal Services (Note: Contract hourly rate will need to be negotiated and placed in contract.

SECOND AMENDMENT OF AGREEMENT WITNESSETH

INTERLOCAL AGREEMENT BETWEEN THE FLORIDA GREEN FINANCE AUTHORITY, THE TOWN OF LANTANA, AND THE TOWN OF MANGONIA PARK

Parcel ID Number(s): PROPORTIONATE SHARE AGREEMENT FOR <PROJECT NAME> <NAME OF ROADWAY>

WASTEW ATER TREATMENT CONTRACT. THIS CONTRACT for the transmission and treatment of wastewater is entered

COOPERATIVE AGREEMENT TO REFER TRIBAL MEMBERS CHARGED WITH MISDEMEANOR OFFENSES TO TRIBAL COURT FOR PROSECUTION

THE CORPORATION OF THE TOWN OF PENETANGUISHENE BY-LAW

Agenda Cover Memorandum

Declaration of. Squire Oak Homeowners Association, Inc.

THIS INTERLOCAL AGREEMENT ("Agreement") is made and entered into as of this

Interlocal Agreement for Fire Protection Services

AGENDA REQUEST AGENDA ITEM NO: IV.A.4. Consent Agenda No. 1. February 16, 2016 BY Utilities Mitt Tidwell Utilities Director Tidwell SUBJECT:

madeonthis,lc.:..l_dayof_.j.m~?\'-"'f"'f----'' 2015 between the CITY OF ATLANTIC

CONTRACT NO. EMPLOYMENT AGREEMENT- CITY CLERK MARKJOMSKY

WHEREAS, there is a need to replace the existing roof on the meter shop building located at 1715 N. 21St Avenue; and

JOINT EXERCISE OF POWERS AGREEMENT RELATING TO THE CALIFORNIA MUNICIPAL FINANCE AUTHORITY

RESOLUTION NO C

IN THE CIRCUIT COURT OF THE THIRTEENTH JUDICIAL CIRCUIT IN HILLSBOROUGH COUNTY, FLORIDA CIVIL DIVISION CASE MANAGEMENT ORDER NO.3

AGREEMENT FOR E911 SERVICES AND COMPLETE DISPATCH SERVICES

CONTRACT STATE OF SOUTH CAROLINA COUNTY OF GEORGETOWN

STATE OF FLORIDA CERTIFICATE OF DEPOSIT AGREEMENT. THIS AGREEMENT made by and between The Chief Financial Officer of Florida,

AGENDA REQUEST. AGENDA ITEM NO: IV.A.5. BY Public Works Doug Jeffcoat Public Services Manager DelRossi. April 18, 2016

Draft STATE OF NORTH CAROLINA AGREEMENT

INTERLOCAL AGREEMENT FOR PROVIDING FIRST RESPONDER SERVICES

CITY OF DEERFIELD BEACH Request for City Commission Agenda

INTERLOCAL AGREEMENT FOR DISASTER DEBRIS MANAGEMENT. THIS INTERLOCAL AGREEMENT is made and entered into this day of,

St. Pete Beach City Commission Agenda Report

FIRST AMENDMENT TO CONTRACT #Yl2-1104

AGREEMENT FOR WATER/SEWER SERVICE EXTENSION AND PETITION/CONSENT FOR ANNEXATION

CITY OF DEERFIELD BEACH Request for City Commission Agenda

Z INTERLOCALAGREEMENT FOR LAW ENFORCEMENT SERVICES

RESOLUTION NO

IN THE THIRTEENTH JUDICIAL CIRCUIT HILLSBOROUGH COUNTY, FLORIDA. ADMINISTRATIVE ORDER S (Supersedes Administrative Order S )

INTERLOCAL AGREEMENT BETWEEN THE CITY OF LAKE CITY, THE COLUMBIA COUNTY SHERIFF AND COLUMBIA COUNTY FOR A COMBINED COMMUNICATIONS CENTER WITNESSETH:

Pro se Motion to Modify or Terminate Probation or Community Control

PERSONAL SERVICES CONTRACT

AGENDA REPORT FLORID Q. City Commission. Sollenberger City Manager

MARKETING, RESEARCH, AND ADMINISTRATIVE SERVICES AGREEMENT

LINCOLN COUNTY INCENTIVE GRANT AGREEMENT

INTERLOCAL AGREEMENT RELATING TO THE CONSTRUCTION OF WASTEWATER COLLECTION FACILITIES IN THE TOWN OF SEWALL'S POINT, FLORIDA. By and Between.

The applicant is proposing the following modifications of the North Park Isles Community Unit district:

RESOLUTION No Adopted by The Sacramento City Council on date of

CONTRACT FOR PROFESSIONAL SERVICES BETWEEN CHURCHILL COUNTY, NEVADA AND XXXXXXX. FOR INDIGENT LEGAL SERVICES

4344 Requested by: John Greifzu Sponsored by: Council as a Whole

COVENANT FOR CROSS-USE AGREEMENT FOR SHARED PARKING AND ACCESS

COUNTY OF GORDON. This Agreement is made as of the of, 2013, by and between Gordon

Between BROW ARD COUNTY. and HOWARD C. FORMAN, SUCCEEDED BY BRENDA D. FORMAN, CLERK OF COURTS SEVENTEENTH JUDICIAL CIRCUIT. for

VILLAGE OF BOSTON HEIGHTS 45 E. Boston Mills Road Hudson, OH PUBLIC RECORDS MEETING April 13, :30 PM

INTERLOCAL AGREEMENT

COOPERATIVE PRICING SYSTEM AGREEMENT

Borough of Hopatcong USE OF FACILITY REQUEST FORM

NONEXCLUSIVE LICENSE. Between. (Name of Licensee) And UNITED STATES OF AMERICA. As Represented By THE SECRETARY OF THE NAVY

DEVELOPMENT AGREEMENT

VILLAGE OF PORT DICKINSON Village Board Special Meeting Agenda April 22, :00 pm Port Dickinson Village Hall

FILED. / / cjq RESOLUTION NO. R-76-16

MEMORANDUM OF AGREEMENT For Devolution of Secondary Highway System Construction

AGREEMENT FOR SHARED FIRE PERSONNEL SERVICES BETWEEN THE CITIES OF PIEDMONT AND ALBANY

COOPERATIVE AGREEMENT FOR MUTUAL ASSISTANCE IN LAW ENFORCEMENT

AGENDA REPORT FORI Q. August City Commission. Adopt an ordinance granting Chesapeake Utilities Corporation a non exclusive gas

WHEREAS, the Jolly Lane Lift Station currently serves this area; and

AGENDA BILL Subject: Intergovernmental Agreement (IGA) with the City of Wilsonville for Library Director Services

CONSTRUCTION GUARANTEE AGREEMENT

C:\WINDOWS\apsdoc\nettemp\1472\$ASQ12-0.doc 1

Transcription:

E P LANT G 5 AGENDA REPORT FORIDQ DATE June 23 2008 TO FROM City Commission David R Sollenberger SUBJECT Agreement with Public Defender s Office RECOMMENDATION That the City Commission Adopt aresolution approving an agreement with the Public Defender s office EXECUTIVE SUMMARY Florida law provides that when a criminal action is brought against indigent persons charged with municipal ordinances punishable by incarceration and not ancillary to a state charge Defender s office has the right to seek reimbursement from the City services rendered on the basis of50 per hour the Public to recover the full cost of The Public Defender s Office has proposed a flat fee of50 per case which is beneficial to the City in providing a predictable cost The financial impact ofthis agreement will not be significant as very few criminal proceedings do not include an ancillary state charge For the period between January 1 2006 and May 31 2008 there were only 11 such cases Most ofthese cases involved the consumption ofalcohol in prohibited areas It is recommended that the City Commission approve the resolution MEETING OF June 23 2008 AGENDATI EM NO 3h

BACKGROUND See above FISCAL IMPACT Estimated 250 annually Respectfully Submitted DA City Manager R SOLLENBERGER Prepared by Kenneth W Buchman City Att ey Funding available c Martini W of Finance Di Reviewed by Bill McDa iel Chief of olice r Reviewed by w C Dennis Sweeney Code Inspector

RESOLUTION NO A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF PLANT CITY FLORIDA APPROVING INTERLOCAL AGREEMENT WITH JULIANNE M HOLT AS THE THE PUBLIC DEFENDER OF THE THIRTEENTH JUDICIAL CIRCUIT AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE SAID AGREEMENT ON BEHALF OF THE CITY FLORIDA BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF PLANT CITY Section 1 The form of agreement between the City of Plant City and Julianne M Holt as the Public Defender ofthe Thirteenth Judicial Circuit a copy being attached is hereby approved and authorized Section 2 The Mayor and City Clerk are hereby authorized and directed to execute said agreement on behalfofthe City Adopted by the City Commission on June 23 2008 ATTEST Rick A Lott Mayor Commissioner Virginia L Helper City Clerk Approved as to form and correctness Kenneth W Buchman City Attorney

INTERLOCAL AGREEMENT This interlocal Agreement Agreement is made the day of 200 between the City of Plant City a municipal corporation of the State of Florida hereinafter referred to as the City and Julianne M Holt as the Public Defender of the Thirteenth Judicial Circuit duly elected pursuant to Article V Section 17 of the Florida Constitution hereinafter referred to as the Public Defender WITNESSETH WHEREAS it is the purpose and intent of this Agreement to permit the City and the Public Defender to make the most efficient use of their resources respective powers and capabilities through the Florida Interlocal Cooperation Act of 1969 Cooperation Act by enabling them to cooperate on the basis of mutual advantage and thereby to provide the facilities and therefore to provide for matters contained herein in the manner that will best accord with the existing resources available to them and WHEREAS Sections 27 51b4 and 27 542 Florida Statutes 2007 provide that the Public Defender may appear in the circuit and county courts within his or her judicial circuit for the purpose of defending indigent persons charged with violations of special laws or city ordinances punishable by incarceration and not ancillary to a state charge if the Public Defender has contracted with the city for reimbursement for services rendered in accordance with Section 27 54 Florida Statutes 2007 and both parties desire to enter into such a contract and WHEREAS Section 27 542 Florida Statutes 2007 provides that a municipality or county may contract with or appropriate or contribute funds to the operation of the various Public Defenders and that a Public Defender defending indigent persons charged with violations of special laws or county or municipal ordinances punishable by incarceration and not ancillary to a state charge shall contract with counties to recover the full cost of services rendered on the basis of50 per hour or reimburse the state for the full cost of assigning equivalent attorney positions to work on behalf ofthe city and one or more fulltime or WHEREAS the City and the Public Defender desire to contract for services rendered on a fixed priced basis for an amount developed based on hourly estimates by the Public Defender of the number of hours required to handle the projected workload The agreed upon fixed price amount of50 00 per case will allow the Public Defender to recover the full cost of services rendered based upon and or a equal reimbursement of at least 50 per hour and WHEREAS the City is willing to pay such sum on a quarterly basis in arrears based upon invoices submitted each quarter which identify quarter and the number and names ofcases handled in that Page 1 of 4

WHEREAS the Public Defender is currently providing for the defense of indigent persons charged with violations of special laws or city ordinances punishable by incarceration and not ancillary to a state charge and so is able to accurately estimate the appropriate time required to develop this fixed price amount NOW THEREFORE in consideration of the mutual of covenants of this Agreement the City and the Public Defender agree that subject only to the terms and provisions herein Section 1 Authority This Agreement is entered into pursuant to provisions of Article V Section 17 of the Florida Constitution Chapter 80 590 Laws of Florida as amended Chapter 27 Florida Statutes 2004 and other applicable provisions of law Section 2 Definitions A Cooperation Act means the Florida Interlocal Cooperation Act of 1969 Section 163 01 Florida Statutes 2004 B City means Plant City Florida a political subdivision of the State of Florida C Public Defender means the elected official currently Julianne M Holt as the Public Defender ofthe Thirteenth Judicial Circuit duly elected pursuant to Article V Section 17 ofthe Florida Constitution or her successors in office Section 3 Obligations of the Public Defender The Public Defender or one or more of her assistants shall appear in the circuit and county courts within her judicial circuit for the purpose of defending indigent persons charged with violations of special laws and city ordinances punishable by incarceration The Public Defender will handle the intake discovery pre trial trial and case disposition and appeals to circuit court of criminal city ordinance violations that are punishable by incarceration and not ancillary to a state charge in a nondiscriminatory manner consistent with law The Public Defender agrees to submit quarterly invoices to the attorney for the City for processing and payment of the cases handled identifying the number of and names of cases handled on a quarterly basis Cases in which an order of no imprisonment has been issued pursuant to Section 27 512 Florida Statutes 2007 and where the Public Defender has not been provisionally appointed shall not be included in this quarterly invoice for reimbursement Section 4 Obligations of the City Page 2 of 4

Based on the statutory reimbursement rate ofat least 50 per hour and based upon the prior hourly and case cost experience as calculated by the Public Defender in prior years the parties agree that the City shall pay for the services rendered by the Public Defender pursuant to this Agreement the fixed price amount of50 00 per case assigned to and closed by the Public Defender paid quarterly and payable in arrears This 50 00 per case will be the entire cost exposure to the City for defense services provided by the Public Defender All contract funds will be paid directly to the Justice Administrative Commission for deposit into the Grants and Donations Trust Fund Section 5 Term The term of this Agreement shall be for two 2 years and shall commence on its effective date as set forth in Section 7 provided however that this agreement may be extended at the option and by the agreement of both the City and the Public Defender for additional consecutive two year periods as agreed to by the parties Section 6 Termination This agreement is to terminate two 2 years after it becomes effective on 200 unless extended on or before that date as provided for above This agreement may be terminated by either party by giving written notice of intent to terminate to the other party no later than January 1 for a termination on September 30 of the year in which the agreement is to be terminated Such written notice shall be delivered to the Public Defender or the Mayor of the City Section 7 Filing and Effective Date This Agreement shall be effective upon the occurrence of A The execution of the Agreement by the proper officers of both the City and the Public Defender and B Upon filing with the Clerk of the Court of Hillsborough County as required by Section 163 01 Florida Statutes 2007 Section 8 Modification of Agreement This Agreement maybe modified in writing by the mutual consent ofthe City and the Public Defender Page 3 of 4

IN WITNESS WHEREOF the parties hereto have entered into this agreement as ofthe day and year first written above ATTEST PAT FRANK Clerk ofthe Circuit Court PLANT CITY FLORIDA its Mayor Deputy Clerk Rick A Lott Mayor WITNESS JULIANNE M HOLT Public Defender Thirteenth Judicial Circuit Public Defender APPROVED AS TO FORM AND CORRECTNESS Kenneth W Buchman City Attorney Page 4 of 4