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

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Agreement for Legal Services in Forfeiture Actions paid by the CITY at the conclusion of the proceeding, unless otherwise provided for herein. (2) CITY agrees to pay SHERIFF twenty percent (20%) of the net proceeds of each forfeiture action handled by the Sheriff s Counsel to pay the costs of legal representation; Said amount to be paid to the Seminole County Sheriffs Office Law Enforcement Trust Fund. (3) CITY agrees that in forfeiture actions involving vehicles, it shall have ninety (90) days to sell the vehicle at auction and pay SHERIFF twenty percent (20%) of the net proceeds. In the alternative, the CITY may elect to keep the vehicle, and if the CITY so elects, agrees to pay the SHERIFF an amount equal to twenty percent (20%) of the Kelly Blue Book® value of such vehicle based upon the "Trade -In Value" for the appropriate category for the condition and mileage of the vehicle. (4) CITY/CPD will be responsible for issuing the first Notice of Seizure to any potential claimants at the time of seizure or within five (5) working days of seizure via certified mail and will be responsible for forwarding the case package and Forfeiture Request Form (attached hereto as Exhibit "A") to Sheriff's Counsel within forty-eight (48) hours of the initial seizure. For each forfeiture, CITY/CPD will designate a primary point -of -contact to assist Sheriff's Counsel. This designated individual will also be responsible for executing the Verified Affidavit in Support of Probable Cause for Asset Forfeiture Seizure (attached hereto as Exhibit `B"). (5)CITY/CPD agree that pursuant to Section 932.704(11)(c), Florida Statutes, the determination of whether to seize currency must be made by CITY/CPD supervisory personnel. Such determination must be documented in a manner to indicate the supervisory personnel providing such authorization. Authorization for the seizure by the Chief of Police for CPD or his/her designee' shall also be documented. (6) CITY agrees to the representation by any attorney member of the Sheriffs Office of General Counsel assigned to handle the respective forfeiture action as determined by the Sheriff's General Counsel. (7)At the CITY's option, CITY may elect to hire outside counsel to, handle a particular forfeiture proceeding. CITY will notify Sheriff's counsel in writing when exercising this option at the earliest opportunity to avoid any duplication of work. C. Both Parties agree to the following: (1) The Parties to this Agreement recognize that law enforcement is the principal objective of all asset forfeiture and that, as mandated by Section 932.704(11)(a), Florida Statutes, each Party's use of property, currency, or proceeds received by reason of state 1 Chief of Police for CITY will provide SHERIFF with written notice within five (5) days of the execution of this Agreement identifying the name and rank of his designee for the purposes of this Agreement. Notice of any change in this designation will be provided within five (5) days of same. 3