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
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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
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Reply to: Viera
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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.
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PHIL ARCHER
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Enclosure