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Home My WebLink About2010-222 lo AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY AND THE STATE ATTORNEY FOR THE 19TH JUDICIAL CIRCUIT IN AND FOR INDIAN RIVER COUNTY FOR PAYMENT OF LEGAL SERVICES IN PROSECUTING COUNTY CODE MISDEMEANOR VIOLATIONS The Board of County Commissioners of Indian River County , a political subdivision of the State of Florida , ( " County " ) , whose address is 1801 27tH Street , Vero Beach , FL 32960 , and the Office of the State Attorney for the Nineteenth Judicial Circuit ( " State Attorney " ) , whose address is 2000 16th Avenue , Vero Beach , FL 32960 , hereby agree as follows : WHEREAS , The County has determined that , in order to maintain and improve the public health , safety , and welfare in Indian River County , it is necessary to prosecute violations of the Indian River County Code . WHEREAS , § 27 . 34 ( 1 ) , Fla . Stat . ( 2008 ) provides that the County may contract with the State Attorney on an hourly basis for the services of the State Attorney to prosecute persons charged with violations of county ordinances punishable by incarceration when such violations are not ancillary to a state criminal charge . WHEREAS , § 27 . 34 ( 1 ) ( a ) , Fla . Stat ( 2008 ) , requires that the hourly rate for services of the State Attorney must be Fifty Dollars ( $ 50 . 00 ) . WHEREAS , § 27 . 34 ( 1 ) ( c ) , Fla . Stat ( 2008 ) , requires that payments received by the State Attorney pursuant to this Agreement must be deposited into the Grants and Donations Trust Fund within the Justice Administrative Commission for appropriation by the Legislature . NOW , THEREFORE , in consideration of the mutual benefits flowing from each to the other , the parties do hereby agree as follows : 1 . The above recitations are true and correct and incorporated into this Agreement by reference . 2 . Services To Be Provided By State Attorney 2 . 1 The State Attorney will prosecute County ordinance violations punishable by incarceration in County court not ancillary to State criminal charges . The State Attorney shall provide such personnel as may be required to provide the services contemplated under this Agreement and the services shall begin upon receipt of the case file . 2 . 2 This agreement shall not apply to the prosecution of county ordinance I violations ancillary to criminal violations of Florida State Statutes . 2 . 3 The State Attorney shall keep the County Attorney ( or his designee ) apprised of the crucial stages of the case by e- mail , orally or both . 2 . 4 . While prosecuting criminal violations of county ordinances pursuant to this agreement , the State Attorney will not be acting as an agent , employee , partner , joint venture , or associate of the County of Indian River . The State Attorney ' s Office shall be solely responsible for the means , methods , techniques , sequences , and procedures utilizekd in prosecuting these ordinance violations . 2 . 5 In the event an appeal is taken from an ordinance violation prosecution , the State Attorney ' s Office is not obligated to process or litigate the appeal . 3 . Costs and Related Expenses . The County of Indian River shall be responsible for records , fees and costs associated with the prosecution of criminal violations of county ordinances . The State Attorney shall file invoices directly with the County Attorney , and the County shall be responsible for paying the costs associated with these invoices . If any cost of prosecution is likely to exceed $ 200 , the State Attorney ' s Office shall first obtain the approval of the County Attorney before incurring the cost . If the State Attorney ' s Office fails to first obtain the approval of the County Attorney , and the County Attorney thereafter declines to provide approval for the expenditure , then the State Attorney ' s Office shall be responsible for the cost . 4 . Billing and Payment ; Funding . 4 . 1 The County shall pay the State Attorney the sum of $ 200 . 00 per prosecution . Upon conviction of a defendant , the State Attorney shall recommend to the court that the costs and fees incurred in prosecuting the case be assigned to the Defendant . 4 . 2 The State Attorney shall , within thirty ( 30 ) days of the date of resolution of the case , forward to the Count)/ a statement for services provided to prosecute the violation as contemplated in this Agreement . Statements for services shall be in such form and such detail as may be required by the Clerk of Courts , and the State Attorney shall confer with the Clerk concerning the information to be provided and procedures for payment . 4 . 3 Statements for services shall be forwarded to the County Attorney for review and approval , and if approved , the County Attorney shall forward the statement to the Clerk for payment . If not approved , the County Attorney shall meet and confer with the State Attorney in order to resolve any issues that need to be addressed . The billing and payment processes outlined above may be revised if mutually agreed in writing by the County and the State Attorney 2 4 . 4 This Agreement is contingent upon an annual appropriation of funds by the County , including any interest thereon , not being subject to any State service charges or administrative assessments and the funds being paid to the State Attorney under this Agreement being exempt from the seven percent service charge to General Revenue pursuant to Section 215 . 22 , Florida Statutes . 5 . Term of Agreement ; Renewal ; Cancellation 5 . 1 The initial term of this Agreement shall be through December 31 , 2015 , unless sooner terminated as may be provided elsewhere in this Agreement . The effective date of commencement for purposes of reimbursement for services is January 1 , 2010 . 5 . 2 This Agreement shall be automatically renewed for successive one year terms , unless either the County or the State Attorney provides written notice to the other of an intent to not renew this Agreement . Such written notice shall be provided at least thirty ( 30 ) days prior to the expiration of the then -existing term . 5 . 3 This Agreement may be cancelled by either the County or the State Attorney at any time without cause . Such cancellation shall be effective thirty ( 30 ) days from the date of receipt of the written notice of cancellation . 6 . Notices . All notices and documents relating to this Agreement shall be provided as follows : To The County : To The State Attorney : Office of the County Attorney Attention : Attorney In Charge 1801 27th Street 160016 th Avenue Vero Beach , FL 32960 Vero Beach , FL 32960 7 . Retaining of Rights and Responsibilities The County and the State Attorney each retain all of the rights , responsibilities , and obligations under federal and Florida law which have not been ceded or conferred to the other under this Agreement . 8 . Indemnification . 8 . 1 The County and State Attorney agree that the State Attorney is not an agent or employee of the County , but is only a recipient of the reimbursements to be paid by the County under this Agreement . 8 . 2 Subject to the provisions of Section 768 . 28 , Florida Statutes (2008 ) and other limits as may be provided by applicable law or court decision , the County agrees to hold harmless and indemnify the State Attorney from any and all claims which may arise relating to this Agreement due to the negligence of the County , its officers and employees , and agents . 3 8 . 3 Subject to the provisions of Section 768 . 28 , Florida Statutes ( 2008 ) and other limits as may be provided by applicable law or court decision , the State Attorney agrees to hold harmless and indemnify the County from any and all claims which may arise relating to this Agreement due to the negligence or malpractice of the State Attorney , its officers and employees , and agents . IN WITNESS WHEREOF , the Board of County Commissioners and the Office of the State Attorney have caused this Agreement to ' be executed by their respective duly authorized officers . STATE ATTORNEY OR THE 19TH INDIAN RIVER COUNTY BOARD OF IAL CIR I COUNTY COMMISSIONERS Bruce Coltorf, State Attorney Peter D . O ' Bryan , Chairma BCC Approved : September 21 , 2010 ATT�ST ATTEST J . K . BARTON CLERK CIRCUIT LOUR ' : Clerk . of Court :: Commission # DD 920115 p M M/ Expires December 18, 2013 . � . . Ssio •' pd • 0.�• Bonded Ttuu Troy Fein Insurance NO.3W7019 a'J�� • ?j Approved as to form and a c a Legal Sufficiency s ff a Da a a a a a U •i � a a I e William K . DeBraal 09`y9?'FRCOut : °� Deputy County Attorney bpbaaaaaaaa +a 4