19-3110 Authorizing 2019/2023 Agreement for Legal Services for Forfeiture Actions

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Agreement for Legal Services in Forfeiture Actions (3) Third Party Beneficiaries. This Agreement is intended to apply to the two parties to this agreement only and there are no third party beneficiaries to this Agreement. (4) Cooperation. It is agreed that both parties shall provide all reasonable and necessary cooperation and assistance so as to facilitate this Agreement. (5) Basic Services. A. The SHERIFF agrees to the following: (1) The SHERIFF agrees to direct and authorize his Office of General Counsel (Sheriff's Counsel) to handle all legal aspects of real property, automobile, currency, and other miscellaneous forfeiture actions referred by the CITY/CPD. (2) After consultation with CITY/CPD and determination that a civil suit is appropriate and justified based upon the facts and circumstances presented, Sheriff's Counsel will initiate civil forfeiture proceedings in the Circuit Court of the Eighteenth Judicial Circuit in and for Seminole County, Florida. In the event the assigned Counsel responsible for filing and handling a forfeiture action believes there is an insufficient basis upon which to pursue the forfeiture of particular seized cash or property, and the concerns cannot be resolved, no forfeiture action on behalf of the seizing agency will be filed. To preserve the seizing agency's ability to move forward, this determination will be made within twenty-four (24) hours of receipt of the request for forfeiture, and communicated immediately thereafter. (3) Sheriffs counsel will be responsible for maintaining all referred forfeiture actions including but not limited to attending court hearings, conducting discovery, preparing and responding to pre-trial motions, and furthering litigation up to and including trial. Sheriff's Counsel will also respond to Public Records Requests related to the forfeiture proceeding, after being provided notice of a request for records by CITY/CPD. (4) Sheriff's Counsel will keep CITY/CPD updated on the progress of the cases and shall consult with CPD prior to finalizing any settlement which must be approved in accordance with the Florida Contraband Forfeiture Act. All records shall be retained by the Sheriff in accordance with F. S. 119. (5) Sheriff's counsel will be available to provide legal advice on forfeiture matters to include the training of employees. B. CITY/CPD agrees to the following: (l) CITY agrees to pay all administrative costs associated with the initiation of forfeiture proceedings referred to Sheriff's Counsel, including but not limited to filing fees, publication notice(s), service of process, deposition costs, bond deposit costs, court reporter fees, and any other costs associated with the prosecution of the forfeiture. Said costs will be