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1561 COS/State Attys Office• CITY MANAGER'S OFFICE TRANSMITTAL MEMORANDUM TO: City Clerk RE: Request for Services 1r,61 The item(s) noted below is /are attached and forwarded to your office for the following action(s): ❑ Ordinance ❑ Resolution ® Agreement for Professional Services between City of Sanford and State Attorney's Office ❑ Mayor's signature ❑ Recording ❑ Rendering ® Safe keeping/records retention Once completed, please: Return original Return copy Special Instructions: Please advise if you have any questions regarding the above. Thank you! o� From: Debbie Simmons, City Manager's Office Date: 03/19/2013 AGREEMENT FOR PROFESSIONAL SERVICES THIS AGREEMENT, entered into the %/ A day of 2013, by and between NORTON N. BONAPARTE as CITY MANAGER FOR THE CITY OF SANFORD, a municipal corporation of the State of Florida, (hereinafter referred to as "CITY "), and PHIL ARCHER as STATE ATTORNEY OF TI [E EIGHTEENTH 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 tc 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 for 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 STATE 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: f .r Agreement For Professional Services Page 2 I. 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 filing 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 CITY 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 I arties hereto have executed this AGREEMENT this II& day of ' }'YtGrilir , 2013. STATE OF FLORIDA OFFICE OF THE STATE ATTORNEY f By: PHIL ARCHER STATE ATTORNEY CITY OF SANFORD By: N BONAPARTE CITY MANAGER