Loading...
Item M2 . . . , BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date; September 16. 2009 Division: Monroe County Sheriff's Office Bulk Item: Yes ~ No D Department: Grants Administration AGENDA ITEM WORDING: Authorization for the Mayor to execute an interlocal agreement with the Monroe County Sheriff's Office for the Department of Justice, Office of Justice Program for the Edward Byrne JAG Grant, ITEM BACKGROUND: Monroe County received a JAG grant award which will assist with provision of mental health and substance abuse programs at the Main Detention Facility in Key West, The Sheriff's Office has been designated to administer this grant. This agreement outlines the duties and responsibilities of the County and Sheriff under this grant, PREVIOUS RELEVANT BOCC ACTION: None CONTRACT/AGREEMENT CHANGES: New Contract STAFF RECOMMENDATION: Approval TOTAL COST: $98.641.00 BUDGETED: Yes ~ No D (in-kind) COST TO COUNTY: $0.00 REVENUE PRODUCING: Yes 0 No C8J AMOUNT PER MONTH ~ YEAR APPROVED BY:COUNTY ATTY ~ 0 CHASING D RISK MGT~ DOCUMENTATION: INCLUDED: ~ TO FOLLOW: 0 NOT REQUIRED: 0 DISPOSITION: - AGENDA ITEM #: - . . MONROE COUNTY BOARD OF COUNTY COMMISSIONERS CONTRACT SUMMARY Contract with: Monroe County Sheriff Effective Date: March 1, 2009 Expiration Date: February 28, 2013 Contract Purpose/Description: Funds provided through the JAG Grant will help assist adults and/or juveniles who have a mental illness, substance abuse disorder, or co-occurring mental health and substance abuse disorders and who are in, or at risk of entering, the criminal and/or juvenile justice systems. Contract Manager: Tamara Snider 292-7092 Monroe County Sheriff's Office (Name) (Ext. ) (Department) for SOCC meeting on September 16, 2009 Agenda Deadline: September 1, 2009 CONTRACT COSTS Total Dollar Value of Contract: $98,641,00 Current Year Portion: $98,641.00 Budgeted? Yes No Account Codes: .XXXXXX Grant: $98,641.00 County Match: $0.00 ADDITIONAL COSTS: $0.00 Estimated Ongoing Costs: $0.00 CONTRACT REVIEW ~ Division Director ,~r It Risk Man~ement qJifl PJ.r ~ OMS/Pur a "ng Cf-I-cA County Attorney 1.ifO'J Comments: - OMS Form Revised 9/11/95 MCP #2 . . . DEPARTMENT OF JUSTICE OFFICE OF JUSTICE PROGRAMS (JAG) THIS AGREEMENT is made and entered into this day of , 2009, by and between The Monroe County Board of County Commissioners, a political subdivision of the State of Florida, whose address 1100 Simonton Street, Key West, FL 33040, is hereinafter referred to as "COUNTY," and the Monroe County Sheriff's Office, hereinafter referred to as "SHERIFF," WITNESSETH WHEREAS, the Department of Justice (JAG), Office of Justice Programs has awarded a Mental Health and Substance Abuse Grant Funds to the COUNTY to implement a program that will assist in the treatment of adults and juveniles who have a mental illness, substance abuse disorder, or co-occurring mental health and substance abuse disorders and who are in, or at risk of entering, the criminal and juvenile justice systems, and WHEREAS, only a county or a consortium of counties within the State of Florida are eligible to receive funds under this grant program; and WHEREAS, the County is in need of an agency to manage the process as required by this grant; and WHEREAS, the SHERIFF is the sole provider of detention services in Monroe County and has the resources and expertise to manage the funding award; and NOW THEREFORE, in consideration of the. mutual understandings and agreements set forth herein, the COUNTY and the SHERIFF agree as follows: 1. TERM - The term of this Agreement is from March 1, 2009, through February 28, 2013, the date of the signature by the parties notwithstanding, unless earlier terminated as provided herein, 2. SERVICES- (a) The SHERIFF will provide mental health and substance abuse programs as outlined in the grant contract / award continuation grant sheet (Attachment A), (b) The SHERIFF will fulfill all programmatic and financial reporting responsibil ities, (c) The COUNTY will provide administrative support, including, but not limited to, the following: placing items on Commission agenda as needed, and assuring that contracts and other documents are properly approved and executed, Page 1 of 4 . ' ,. . 3. FUNDS - The total sum represents grant support in the amount of $98,641.00, All funds shall be distributed and expended in accordance with the terms of the grant agreement. 4. AGENCY BOND - The SHERIFF shall be bound by all laws, rules, and regulations relating to the COUNTY'S performance under the Department of Justice, Office of Justice Programs Grant Funds memorandum of understanding. 5. BILLING AND PAYMENT (a) The SHERIFF shall render to the COUNTY quarterly itemized invoices properly dated, describing the services rendered, the cost of the services, and all other information required for the COUNTY to reimburse the Sheriff. (b) The COUNTY shall reimburse the Sheriff for all grant related expenses in a timely manner, (c) County will draw down grant funds as outlined in Attachment B. 6. TERMINATION - This Agreement may be terminated by either party at any time, with or without cause, upon not less than thirty (30) days written notice delivered to the other party, The COUNTY shall not be obligated to pay for any services provided by the SHERIFF after the SHERIFF has received notice of termination. In the event there are any unused grant funds, the SHERIFF shall promptly refund those funds to the COUNTY or otherwise use such funds as the COUNTY directs, 7. NOTICES - Whenever either party desires to give notice unto the other, it must be given by written notice, sent by registered United States mail, with return receipt requested, and sent to: FOR COUNTY FOR PROVIDER Monroe County Grants Administrator Monroe County Sheriff Robert peryam 1100 Simonton Street 5525 College Road Key West, FL 33040 Key West, FL 33040 Either of the parties may change, by written notice as provided above, the addresses or persons for receipt of notices. 8. UNAVAILABILITY OF FUNDS - If the COUNTY shall learn that funding from the Federal Government cannot be obtained or cannot be continued at a level sufficient to allow for the services specified herein, this Agreement may then be terminated immediately, at the option of the COUNTY, by written notice of termination delivered in person or by mail to the SHERIFF at its address specified above. The COUNTY shall not be obligated to pay for any services provided by the SHERIFF after the SHERIFF has received notice of termination. 9. COMPLIANCE WITH LAWS AND REGULATIONS - In providing all services pursuant to this Agreement, the SHERIFF shall abide by all statutes, ordinances, rules, and regulations pertaining to, or regulating the provision of, such services, including those now in effect and hereafter adopted, and particularly Article 1, Page 2 of 4 .. I ., ~ ,1 Section 3 of the Constitution of the State of Florida and Article 1 of the United States Constitution, which provide that no revenue of the state or any political subdivision shall be utilized, directly or indirectly, in aid of any church, sect or religious denomination or in aid of any sectarian institution, Any violation of said statutes, ordinances, rules, or regulations shall constitute a material breach of this Agreement immediately upon delivery of written notice of termination to the SHERIFF, If the SHERIFF receives notice of material breach, it will have thirty days in order to cure the material breach of the contract. If, after thirty (30) days, the breach has not been cured, the contract will automatically be terminated, 10. ASSIGNMENTS AND SUBCONTRACTING - Neither party to this Agreement shall assign this Agreement or any interest under this Agreement, or subcontract any of its obligations under this Agreement, without the written consent of the other. 11. EMPLOYEE STATUS - Persons employed by the SHERIFF in the performance of services and functions pursuant to this Agreement shall have no claim to pension, worker's compensation, unemployment compensation, civil service or other employee rights or privileges granted to the COU NTY'S officers and employees either by operation of law or by the COUNTY except as otherwise provided to employees of the SHERIFF. 12. HOLD HARMLESS AND INDEMNIFICATION - COUNTY and MCSO are political subdivisions of the State of Florida and are covered under Chapter 768,28. Each agrees to be fully responsible for acts and omissions of their agents or employees to the extent permitted by law. Nothing herein is intended to serve as a waiver of sovereign immunity by any party to which sovereign immunity applies, Nothing herein shall be construed as consent by either party to be sued by third parties in any matter arising out of this Agreement 13. ENTIRE AGREEMENT (a) It is understood and agreed that the entire Agreement of the parties ;s contained herein and that this Agreement supersedes all oral agreements and negotiations between the parties relating to the subject matter hereof as well as any previous agreements presently in effect between the parties relating to the subject matter hereof, (b) Any alterations, amendments, deletions, or waivers of the provisions of this Agreement shall be valid only when expressed in writing and duly signed by the parties, IN WITNESS WHEREOFJ the parties to this Agreement have caused their names to be affixed hereto by the proper officers thereof for the purposes herein expressed at Monroe County, FloridaJ on the day and year first written above. Page 3 of 4 ~ '. L~ f.' ~ (SEAL) BOARD OF COUNTY COMMISSIONERS ATTEST: DANNY L. KOLHAGE, Clerk OF MONROE COUNTY, FLORIDA By: By: Deputy Clerk Mayor/Chairman MONROE COUNTY SHERIFF'S OFFICE ~ Title: Ch id: (S~OV cff'.J...J2('lA.J.'^~ ' Witness , MONROE COUNTY SHERIFF'S OFFIC~ APPROVED~RM: -- S--/!/~ ~ .'_... MARK L WilLIS OAT*;~C~~ 0 '1_._.. Page 4 of 4