07/14/2004 Agreement
DANNY L. KOLHAGE
CLERK OF THE CIRCUIT COURT
DATE:
August 2, 2004
TO:
Richard Collins
County Attorney
ATTN:
Jan Hotalen
Executive Assistant
FROM:
Pamela G. Hanc~
Deputy Clerk
At the July 14, 2004, Board of County Commissioner's meeting the Board granted
approval and authorized execution of an InterIocal Agreement between Monroe County and the
City of Key West authorizing the County Attorney's Office to serve as municipal prosecutors on
behalf of the City.
Enclosed is a duplicate original, as well as a copy, of the above-mentioned for your
handling. Should you have any questions please do not hesitate to contact this office.
cc: County Administrator w/o document
Finance
File I
Interlocal Agreement
Providing for the Criminal Prosecution of Ordinances of the City of Key West
By the Monroe County Attorney's Office
This Interlocal Agreement is entered into by and between the City of Key
West (hereinafter the "City") and the Board of County Commissioners of Monroe
County, Florida (hereinafter the "County").
WHEREAS, the parties may enter into an Interlocal Agreement pursuant
to section 163.01, Florida Statutes; and
WHEREAS, the legislation implementing revision 7 to Article V of the
Florida Constitution became effective on July 1, 2004; and
WHEREAS, the aforementioned legislation places limits on the ability of
the State Attorney to prosecute individuals charged only with violations of City
ordinances; and
WHEREAS, the orderly administration of justice requires continued
prosecution of City ordinances;
WHEREAS, Article V, Section 17 of the Florida Constitution and section
34.13(5), Florida Statutes, authorizes cities to use municipal prosecutors to
prosecute criminal violations of their respective ordinances; and
WHEREAS, the criminal prosecution of City ordinance violations requires
the availability of at least one municipal prosecutor 365 days per year; and
WHEREAS, the County employs experienced prosecutors in the County
Attorney's office;
NOW, THEREFORE, the City and County agree as follows:
1. Attorneys employed by the County Attorney's office will serve as
municipal prosecutors for the City.
2. The City authorizes the designated municipal prosecutor(s) to
appear on its behalf for all proceedings involved in the prosecution
of City ordinances that are not being prosecuted by the State
Attorney's office in conjunction with the prosecution of a state
crime.
3. The municipal prosecutors shall have complete prosecutorial
discretion similar to that of the State Attorney; provided however,
that from time to time, the County Attorney prosecutor shall consult
with the City Attorney's Office on the City's general goals of
ordinance enforcement and prosecution.
4. The City agrees to pay the County a flat fee of $10,000.00 per year,
in equal quarterly installments on or before October 1 , January 1 ,
April 1, and July 1, for representation provided by the municipal
prosecutors except as provided below. In addition to the
aforementioned flat fee,
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; the County agrees to consult with the
City in advance on potential costs in any case in which costs
are anticipated to exceed $500.00.
c. the City will pay all filing fees due to the Clerk of Court.
5. The County will submit detailed time sheets and cost
documentation to substantiate any fees in excess of the flat rate or
costs sought from the City. These additional fees and costs shall
be paid with the next quarterly payment.
6. The parties agree to reexamine the above-stated compensation
every six months and agree to negotiate in good faith to adjust the
reimbursement rates if necessary.
7. The term of this Interlocal Agreement is one year and may be
renewed by mutual consent of the parties for four additional one-
year terms. Either party may terminate this agreement by providing
the City Attorney and County Attorney 60 days' written notice, or by
shorter period if mutually agreed upon by both parties.
8. The City of Key West agrees to indemnify, defend, and hold
harmless the County and its employees for any and all claims
brought arising from the acts and/or omissions of each municipal
prosecutor, except upon a court determining prosecutorial
misfeasance or malfeasance.
9. The County Attorney, or his designee, shall have the sole discretion
to designate an Assistant County Attorney to be a municipal
prosecutor as well as to schedule court coverage by the various
assistants.
10. The County Attorney's office shall retain all files used in the
prosecution of City ordinances in a manner consistent with its
records' retention policy. Before destroying anyiites pursuant to
that policy, the County shall notify the City of its intent to destroy
such files and offer the City an opportunity to take possession of
those files at the City's expense.
11. If the County Attorney certifies to the City Attorney that the County
Attorney's office should be recused from handling a particular case,
the City shall, at its own expense, retain another attorney to serve
as its municipal prosecutor for that particular case.
12. This interlocal agreement shall become effective, retroactive to July
1,2004, upon execution by the second party.
In witness whereof, the parties have made this agreement on the latter of
the dates set forth below.
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