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

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Agreement for Legal Services in Forfeiture Actions forfeiture actions are to conform with Florida law. (2) The Parties recognize that they are to avoid the appearance of impropriety in the acquisition, sale, retention or transfer of any forfeited property, currency or proceeds derived from such forfeiture, and that forfeiture funds may not be used to meet normal law enforcement agency operating expenses of each Party unless otherwise provided by Florida law. (3) Each Party is solely responsible for assuring its use of forfeited forfeiture funds and property is in compliance with state law. By continued participation in this Agreement, each Party warrants it is operating in compliance with state law. Each Party shall assure regular training of officers and agents as required by Florida law occurs and is documented. Upon request of the SHERIFF, the CITY/CPD will provide documentation or certification demonstrating such compliance. If found not to be operating within applicable forfeiture law and guidelines, forfeiture representation pursuant to this Agreement shall be suspended until such time as the CITY/CPD demonstrates it is in compliance with law and guidelines. Sheriffs Counsel will be available for legal training sufficient to satisfy this requirement. (4) All Parties agree to file in a timely fashion all reports or accountings of receipts or expenditures of forfeiture funds as required by state or federal law or applicable guidelines. (5) No funds or other property seized are to be utilized by either Party prior to successful forfeiture or until title or interest in the funds otherwise lawfully vests in the seizing agency. Forfeiture actions under this Agreement will be pursued in state court only. Actions shall be based upon current statutory and case law, and shall be consistent with applicable state or federal forfeiture guidelines. (6) This Agreement does not extend to any post judgment collection matters or appellate representation. (7) The Parties agree to comply with Administrative Order 16-31-S, In Re: Civil — Contraband Forfeiture Act Procedures (attached hereto as Exhibit "C"), as may be amended or updated and to utilize the forms, or forms substantially similar to, those contained in Administrative Order 16-31-S. (6) Indemnification. Each Party to this Agreement agrees to assume its own liability and responsibility for the acts, omission, or conduct of such Party's own employees in connection with this Agreement or any actions undertaken in relation to this Agreement, subject to the provisions of Section 768.28, Florida Statutes, where applicable. All personnel remain ultimately accountable to their respective employing agencies. In turn, each employing agency remains responsible for such employees and assumes any liability for the actions of its employees. Pursuant to 768.28(19) Florida Statutes, neither the SHERIFF nor CITY waives any defense of sovereign immunity, or increases the limits of its liability, upon entering into this Agreement. 4