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!
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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:
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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
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By: PHIL ARCHER
STATE ATTORNEY
CITY OF SANFORD
By: N BONAPARTE
CITY MANAGER