Item P06
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: 10/18/2006
Division: County Attorney
Bulk Item: Yes 1L- No
Staff Contact Person: Bob Shillinger x347 4
AGENDA ITEM WORDING:
Approval of First Amendment to Interlocal Agreement between the County and the City of Key West
regarding municipal prosecution services.
ITEM BACKGROUND:
Since July of 2004, the County Attorney's office has served as the municipal prosecutor for the City of
Key West pursuant to an interlocal agreement between the City and the County. The proposed First
Amendment to that agreement updates the compensation provision to provide for a $100 per case fee
instead of a quarterly flat fee of $2,500 provided for in the original agreement. The proposed
amendment also changes the evaluation of the compensation from a semi-annual event to an annual
event in July.
PREVIOUS RELEVANT BOCC ACTION:
July 14,2004, Board approved original interlocal agreement.
CONTRACT/AGREEMENT CHANGES:
Changes 1) compensation from $2,500 quarterly to $100 per case; and 2) compensation evaluation from
semi-annual to once a year in July.
STAFF RECOMMENDATIONS:
Approval.
TOTAL COST:
none
BUDGETED: Yes
No xx
COST TO COUNTY:
none
SOURCE OF FUNDS:
REVENUE PRODUCING: Yes ~
AMOUNT PER YEAR @ $16.500
APPROVED BY: County Atty_
DIVISION DIRECTOR APPROVAL:
S
Included .x
DOCUMENTATION:
Not Required_
DISPosmON:
AGENDA ITEM #
Revised 8/06
First Amendment to Interlocal Agreement
Providing for the Criminal Prosecution of Ordinances of the City of Key West
By the Monroe County Attorney's Office
WHEREAS, the City of Key West (hereinafter the "City") and the Board of
County Commissioners of Monroe County (hereinafter the "County") entered into
an Interlocal Agreement in 2004, which authorized the County Attorney's office to
appear in Court on behalf of the City as its municipal prosecutor; and
WHEREAS, paragraph 6 of that Interlocal Agreement provides for the
periodic review of the compensation provision in that agreement and adjustment
thereto; and
WHEREAS, since the inception of the agreement, the County Attorney's
office has prosecuted approximately twice the number of cases each quarter
than had initially been estimated; and
WHEREAS, for purposes of clarity, other minor amendments are desirable
to further effectuate the intent of the parties;
NOW, THEREFORE, the City and County agree as follows:
1. This amendment 1 to the Interlocal Agreement entered into between
the City of Key West (hereinafter the "City") and the Board of County
Commissioners of Monroe County, Florida (hereinafter the "County") in 2004,
which provides for the prosecution of certain City Ordinances by the County
Attorney's office in County Court shall only amend the specific provisions set
forth herein; in all other respects, the original Interlocal Agreement shall continue
to be binding and in full force and effect.
2. Paragraph 4 of the Interlocal Agreement shall be amended to read
as follows:
(4) The City agrees to pay the County a flat fee of $10,000.00 per yoar, in
equal quarterly installments on or before January 1, .^.priI1, July 1, and
October 1, $100.00 cer case for representation provided by the
municipal prosecutors except as provided below. In addition to the
aforementioned flat fee,
1 For purposes of this agreement, text changes from the language set forth in the existing
agreement will be denoted as follows: delete language will be stricken through and new language
will be underlined. For purposes of clarify, entire paragraphs will be reproduced in the
amendment to the agreement.
a. the City will pay the County an hourly rate of $100.00 for any
case requiring an appearance in court by a municipal
prosecutor for any reason other than first appearance,
arraignment, docket sounding; jail plea day; and/or initial
hearings for violations of probation. This hourly rate will also
apply to time spent preparing for such an appearance;
b. the City agrees to reimburse the County for all costs incurred
by the County In prosecution of City ordinances, including
but not limited to witness travel and lodging costs, witness
appearance fees, expert witness fees, court reporter costs,
and subpoena costs; BAG
c. the City will pay all filing fees due to the Clerk of Court.,. ~
the City: and
d. the County will bill the City Quarterly for the services
-
rendered durina the prior Quarter. The City will pay the
County the amount reflected in the QuarterlY invoices in a
timelv manner unless other arranaements are made bv the
City Attorney and the County Attornev.
3. Paragraph 6 of the Interlocal Agreement shall be amended to read
as follows:
(6) The parties agree to reexamine the above-stated compensation
every 6 months July and agree to negotiate in good faith to
adjust the reimbursement rates if necessary.
4. This amendment shall become official upon the execution by the
second Mayor to sign the agreement and shall be effective nunc
pro tunc to July 1, 2004.
In witness whereof, the parties have made this agreement on the latter of the
dates set forth below.
Attest:
City of Key West
City Clerk
Morgan McPherson, Mayor
Date:
Attest:
Danny L. Kolhage
Clerk of the Court
By:
Deputy Clerk
Date:
Board of County Commissioners
of Monroe County, Florida
Charles "Sonny" McCoy, Mayor
MONROE COUNTY ATTORNEY
M?~:r
. y
ft'OBERT B. SHI LI GER. JR.
CHIEF ASSISTANT C~NTY ATT. O. R...NF.V
Date: 1(1- S - """,,_.,