1033-Agrmt btwn City&State AttyOFFICE OF THE STATE ATTORNEY
EIGHTEENTH JUDICIAL CIRCUIT OF FLORIDA
BREVARD AND SEMINOLE COUNTIES
Brevard Office
2725 Judge Fran Jamieson Way
Bldg. D
Viera, FL 32940
(321) 617 -7510
August 11, 2004
Mr. Al Grieshaber, Jr.
City Clerk
P.O. Box 1788
Sanford, FL 32771 -1788
Re: Prosecution of Ordinance Violations
Dear Mr. Grieshaber:
Sincerely,
NORMAN R.
Enclosed you will find the original copy of the signed Agreement for Professional
Services between this office and the City of Sanford. I appreciate you pointing out and
making the necessary corrections to the agreement.
Thank you so much for your courtesy on this matter.
NORMAN R. WOLFINGER
STATE ATTORNEY
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Sanford Office
100 East First Street
-7
Sanford, FL 32771
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AL GRIESHAB - s an for d cty ord.doc
AGREEMENT FOR PROFESSIONAL SERVICES
Page
THIS AGREEMENT, entered into the of w c�2 , 2004, by and
between AL GRIESHABER, JR. as CITY MANAGER FOR THE CITY OF SANFORD,
a municipal corporation of the State of Florida, (hereinafter referred to as "CITY ") and
NORMAN R. WOLFINGER as STATE ATTORNEY OF THE 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, has been amended effective July
1, 2004, to provide 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 as follow:
SECTION 1. TERM
This agreement shall take effect July 1, 2004, and continue through June 30, 2005.
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
SEMINOLE County, Florida. It is understood that the STATE ATTORNEY will
continue to prosecute other municipal ordinances of the CITY that are 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 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 CITY on a quarterly basis as follows:
A G RIESHABER - sanford cty ord.doc
Agreement For
Professional Services
Page 2:
P age 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 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 parties hereto have executed this AGREEMENT
this of 2004.
STATE OF FLORID
OFFICE OF STA ATTORNEY
lit'
By: N R. WOLFING
STATE ATTORNEY
CITY OF SANFORD