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HomeMy WebLinkAboutState Attorney, Phil Archer, State Prosecutor for the CIty of Winter Springs - 2013 02 27 AGREEMENT FOR PROFESSIONAL SERVICES THIS AGREEMENT, entered into the 2:0 day of FAO`'►,t( ,( �� 2013, by and between KEVIN L. SMITH as CITY MANAGER FOR THE CITY OF WINTER SPRINGS, a municipal corporation of the State of Florida, (hereinafter referred to as "CITY"), and PHIL ARCHER as STATE ATTORNEY OF THE EIGHTEENTI I JUDICIAL CIRCUIT COURT OF FLORIDA, (hereinafter referred to as "STATE ATTORNEY"), shall set out the terms and conditions under which the STATE ATTORNEY will perform the services of a municipal prosecutor for the CITY. WHEREAS, the STATE ATTORNEY prosecutes municipal ordinances under the authority of the State of Florida; and WHEREAS, Section 27.34(1), Florida Statutes, provides that a State Attorney prosecuting violations of CITY ordinances punishable by incarceration and not ancillary to a state charge shall contract with cities to recover the full cost of services rendered on an hourly basis; and WHEREAS, the CITY desires to contract with the STATE ATTORNEY to prosecute the CITY's municipal ordinances that are punishable by incarceration and are not ancillary to a state charge; NOW THEREFORE, the CITY and STATE ATTORNEY agrees to follow: SECTION 1. TERM This agreement shall take effect March 1, 2013, and continue in effect until cancelled by either party upon thirty (30) days written notice. SECTION 2. SCOPE OF SERVICES The STATE ATTORNEY agrees to act as the municipal prosecutor at the County court level for municipal ordinances that are punishable by incarceration and not ancillary to a state charge in the County Court of the Eighteenth Judicial Circuit Court ►or Brevard County, Florida. It is understood that the STATE ATTORNEY will continue to prosecute other municipal ordinances of the CITY that are not ancillary to a state charge under his regular duties as State Attorney. Under the contractual agreement the State Attorney will not handle appeals unless agreed upon between the CITY and S'[ATE. ATTORNEY on a case by case basis. In serving as the municipal prosecutor, the STATE ATTORNEY shall have the power to prosecute municipal ordinances as authorized by law. SECTION 3. STATE ATTORNEY'S FEES STATE ATTORNEY'S legal fees will be reimbursed by the CITY on an hourly basis for services rendered at a rate of$50 per hour. It is agreed that for municipal ordinance cases that are punishable by incarceration and not ancillary to a state charge, fees shall be billed by the STATE ATTORNEY to the CITY on a quarterly basis as follows: Agreement For Professions! Services Page 2 1. Cases that plea at initial appearance where the STATE ATTORNEY has not filed a criminal information— NO CHARGE. 2. Cases that are resolved by plea subsequent to the STATE ATTORNEY having filed a criminal information - $100 (two hours). 3. Cases that are resolved by trial - $400 (eight hours). SECTION 4. INDEPENDENT CONTRACTOR In performance of this Agreement, the STATE ATTORNEY will be acting in the capacity of an independent contractor and not as an agent, employee, partner,joint venture, or associate of the CITY. The STATE ATTORNEY shall be solely responsible for the means, method, techniques, sequences, and procedures utilized by the STATE ATTORNEY in the full performance of this Agreement, and shall have full authority to resolve all such cases as the STATE ATTORNEY deems appropriate. SECTION 5. EXPENSES The CITY shall be responsible for all tiling fees and cost assessments provided for by statute. The STATE ATTORNEY shall seek reimbursement to the CITY to the extent allowed by law for such. SECTION 6. ENTIRE AGREEMENT This Agreement constitutes the entire AGREEMENT between the C'I"I'Y and the STATE ATTORNEY. Any modifications, amendments or alterations shall be in writing and executed by both parties prior to becoming effective. Either party may terminate the agreement by providing 30 days written notice to the other party. IN WITNESS WHEREOF, the parties hereto have executed this AGREEMENT this 21111 day of Rti1AO..\j ' , 2013. STATE OF FLORIDA CITY OF WINTER SPRINGS OFFICE OF THE STATE ATTORNEY r By: PHIL ARCHER Bv: 'EVIN L. S ITI-I STATE ATTORNEY CITY M NAGER OFFICE OF THE STATE ATTORNEY EIGHTEENTH JUDICIAL CIRCUIT OF FLORIDA BREVARD AND SEMINOLE COUNTIES Brevard County Office Seminole County Office 2725 Judge Fran Jamieson Way PHIL ARCHER 101 Bush Blvd. Bldg.D P.O.Box 8006 Viera,FL 32940-6605 STATE ATTORNEY Sanford,FL 32772-8006 (321)617-7510 (407)665-6000 yy(( Reply to: Viera r,, hnrw February 7, 2013 Mr. Kevin L. Smith City Manager City of Winter Springs 1126 East State Road 436 Winter Springs, FL 32708 Re: Prosecution of Ordinance Violations Dear Mr. Smith: As you know, as a result of the constitutional amendment to Article V, the Office of the State Attorney entered into a contract with each city in order to be authorized to prosecute cases where the only criminal charge was a violation of a city ordinance. The contract was entered into between our office and your city. As of January 8, 2013, I have become the newly elected State Attorney and the contract previously executed will need to be revisited. If your city wishes to renew its contract with this office to continue to provide this service, please review the enclosed contract, sign, date, and return the original to my office in Viera at your earliest convenience. I have enclosed a second copy for your records. As in the previous contract the terms and conditions of the contract will remain in effect until cancelled by either party upon thirty days written notice. Please contact my Executive Director Tyler Sirois by February 21, 2013, at (321) 617-7228, to advise if this renewal contract is acceptable to you, or if you have any questions. I look forward to your prompt consideration of this matter, and to continue to work with your city on the prosecution of these ordinance violations. Sincerely, •We. y PHIL ARCHER PA/jb Enclosure