Resolution 406-1984
Monroe County Sheriff's Department
RESOLUTION NO. 406-1984
A RESOLUTION AUTHORIZING THE CHAIRMAN OF THE
BOARD OF COUNTY COMMISSIONERS OF MONROE
COUNTY, FLORIDA, TO APPROVE AND EXECUTE AN
AGREEMENT BY AND BETWEEN THE STATE OF FLORIDA
DEPARTMENT OF HEALTH AND REHABILITATIVE
SERVICES AND THE MONROE COUNTY BOARD OF
COUNTY COMMISSIONERS FOR SERVICE OF PROCESS
UNDER THE CHILD SUPPORT ENFORCEMENT PROGRAM.
BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA, as follows:
That the Mayor and Chairman of the Board of County Commis-
sioners of Monroe County, Florida, be and is hereby authorized to
execute an Agreement by and between the State of Florida Depart-
ment of Health and Rehabilitative Services and the Monroe County
Board of County Commissioners, a copy of which is attached
hereto, for service of process under the Child Support Enforce-
ment Program.
PASSED AND ADOPTED by the Board of County Commissioners of
Monroe County, Florida, at a regular meeting of said Board held
on the ~ day of ~€~bEr, A.D. 1984.
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
BY~~\~ -~
Mayor ;~irman
(Seal)
Attest: X>~ L. KOLHAGE, Clerk
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APPROVED AS TO FORt1.f,\
AND lEGAL SUFFICIENf/';/
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Attornev's Office
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STATE OF FLORIDA
DErld~T!'lEr--;T or liEl,L TH Ar\D REIilill I LI TJ,'; 1 \"E SERVICES
COt\TRJ\CT FOR SERVI CE OF PROCESS KITH THE
LOCAL GOVERNMENT OF MONROE COU~TY FLORIDA
BY ;...t;r TEf-OL:GH TEE
BOARD OF COVr\TY CO~~:ISSIO~ERS
Tf!:E AGREEMENT is entered i~to by and b~tween the State of
Florida, Departme~t of Health and RehabilitQt:ve Services,
hereinafter reierred to as the "Depar~ment" a~d the MONROE
County Beard of County Co~~issioners, hereineiter referred to as
the "Co:..::-.ty".
I. The County Agrees:
A. Services.
To provide original service of process according to
Florida law and in accordance with the conditions specified in
attachment 1, part A.
B. State and Federal Laws and Regulations.
1. To serve the original service of process or other
orders in accordance with Florida law.
2. To conform to applicable Federal la,,: and regulations
governir.q Title IV-D of the Social Security Act.
3. To comply ~ith the provisions in the Civil Rights
Ccrti:icat~, hereby incorporated ir.~o this cc~~ract as
J._TT;'CH~:E~;'; 1, Part F. It is expressl}' understood that substar:tial
evidence of discrimination, as listed in ATThCHMENT 1, Part F,
shall co~stitute a breach of contract.
4. It this contract contains tederal funds, the County
shall cc~ply with the provisions of 45 CFR, Part 74, ar:d other
applicab:e regulations as specified in ATTACH~ENT 1.
5. If this contract contains federal funds and is ever
S1CO,000, the County shall co~ply ~:ith all aFplicable standards,
orders, or regulations issued pursuant to the Clean Air Act as
arrended (42 USC 1657 et seg.) and ~ater Pollution Control Act as
amended (33 USC 1368 et seg.).
C. Access to Records
1. To ensure that all information recorded, collected
and maintained pursuant to this Agreement shall be subject, upon
reasonable notice, to inspection, review and/or audit by
authorized personnel of the Department and the Federal Government.
2. To allow public access to all documents, papers,
letters, or other material subject to the provisions of
Chapter 119, F.S., and made or received by the County in
conjunction with this contract. It is expressly understood that
suLstantial evidence of the County's refusal to comply with this
provisio~ shall constitute a breach of contract.
D. R~tention of Records
To retain all financial records, support docume~ts,
statistical records and any other documents pertinent to this
contract for a period of five (5) years after the starting date of
the applicable retention period, or if audit findings have not
been resolved at the end of the five (5) year period, the records
shall be retained until resolution of the audit findings. Federal
auditors and any persons duly authorized by the Department shall
have full access to and the right to examine any of said materials
during said period.
E. Monitoring
To permit authorized Department and Federal personnel to
monitor activities which are the subject of the Agreement,
according to applicable regulations of the Federal and State
governments.
F. Indemnification
To the extent provided by law governing local government
liability, the County shall be liable, and agrees to be liable
for, and shall indemnify, defend and hold the Department harmless
from all claims, suits, judgements or damages arising frc~ the
negligence or omissions of the County in the provision of the
aforementioned services during the term of the Agreement.
G. IndeDendent Contractor Status
~
That under this Agreement, for all purposes, the County
lS considered and shall act as an independent contractor and not
as an employee of the Department in providing the aforementioned
services.
H. Liability Insurance
The County and the Department agree and understand that
the County is self-insured and maintains a self-insurance fund.
I. Safeguarding Information
The County shall not use or disclose any information
concerning a recipient of services under this contract for any
purpose not in conformity with the state regulations (HRSM 50-1),
and federal regulations (45 CFR, Part 205.50), except on written
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consent of the recipient, or his responsible parent or guardian
when authorized by law.
J. Return of Funds
The County agrees to return to the Department allY
overpayncnts due to unearned funds or funds disallowed pursuant to
the terrr.s of t~is contract that were disbursed to the County by
the Department. Such funds shall be considered Department funds
and shall be re:unded to the Department.
K. Assia~~ent of Agreement
That the County shall not assign this Agreement without
prior written approval of the Department, which shall be attached
to the original agreement and subject to such conditions and
provisions as the Department may deem necessary. No such approval
by the Department of any assignment shall, in any event or in any
manner provide for the incurrence of any obligation by the
Department in excess ot the total reimbursable amount as stated in
ATTACHME~T 1, Part D.
II. The Department Agrees:
Services to be Performed
1. To clearly identify all intrastate Title rV-D Child
Support Enforcement cases referred directly to the Sheriff for
which service of process is requested.
2. To provide directly to the Sheriff the best known
address where the person may be served.
3. To promptly reimburse the County for service of process
services rendered by the Sheriff.
III. The Department and the County Mutually Agree:
A. Reirr.bursement
1. That reimbursement will be made only for original
service of process on intrastate Title IV-D case actions. The
County will be reimbursed for service of process in IV-D
intrastate cases only at the prevailing rate of Federal Financial
Participation, which is currently 70%.
2. That the County will bill the Department monthly, on
a form to be provided by the Department, or an equivalent form
developed by the Sheriff and containing all information required
by the Department, for 70% of the total fee allowed by law.
B. Effective Date
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1. This Agreement shall begin on OCTOBER 1. 1984
or the date on which the Agreement has been signed by both
parties, whichever is later. Neither this Agreement nor any
provision thereof shall be given retroactive application.
2. This Agreement shall end on June 30, 1985.
C. Termination
1. Termination at will This Agreement may be
terminated by either party at any time, with or without cause,
upon no less than thirty (30) days notice, in writing, to the
other party. Said notice shall be delivered by certified mail
(return receipt requested), telegram or in person, with proof of
delivery.
2. Termination because of lack of funds That in the
event funds to finance this Agreement become unavailable, the
obligations of each party hereunder may be terminated upon no less
than fifteen (15) days, in writing by the Department to the
County. Said notice shall be delivered by certified mail (return
receipt requested), telegram or in person, with proof of delivery.
The Department shall be the final authority as to how any
available funds will be allocated among the various counties.
3. Termination for breach Unless the breach is excused
or ratified by the other party, either party may, by written
notice of breach to the other party, terminate the whole or any
part of this Agreement. Termination shall be upon no less than
twenty-four (24) hours notice, in writing, delivered by certified
mail (return receipt requested), telegram or in person, with proof
of delivery. The County shall conti~ue in the performance of this
Agreement to the extent not terminated under the provisions of
this clause. ~aiver of breach of any provision of the Agreement
shall not be deemed to be a waiver of any other or subsequent
breach and shall not be construed to be a modification of the
terms of the Agreement. The provisions herein do not limit the
Department's right to remedies at law or to daDages.
D. Manager of Agreement
The representative of the Departme~t responsible for the
management of this Agreement is William E. Anderson
The representative of the County responsible for the management of
this Agreement is
E. Name and Address of Payee
-
The name and address of the official payee to whom the
Department will make payment is:
F. Renegotiation or Modification
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Any modification of this Agreement shall be valid only
when reduced to writing, duly signed by both parties and attached
to the original Agreement. The parties agree to renegotiate this
Agreement if revision of any applicable Federal or State laws,
reguLations or budget allocations make changes necessary.
G. Attachment Provision
ATTACHMENT 1, Parts A, B, C, D, E and F are hereby
incorporated by reference and become a part of this Agreement.
H. All Ter~s and Conditions Included in Aqreement
~
This Agreement contains all the terms and conditions
agreec upon by the parties. All items incorporated by reference
are physically attached. No other agreements, oral or otherwise,
regarding the subject matter of this Agreement, shall be deemed to
exist or to bind any of the parties hereto.
IK KITNESS HEREOF, the parties hereto have caused this twelve
(12) page Agreement which includes ATTACHMENT 1, Parts A, B, C, D,
~ ~ and F, to be executed by their officials thereunto duly
~ authorized.
BOARD OF COUNTY CO~~ISSIONERS
MONROE COUNTY, FLORIDA
STATE OF FLORIDA, DEPARTMENT
OF HEALTH AND REHABILITATIVE
SERVICES
BY:
BY:
Jay Kassack
TITLE: District Administrator
TITLE:
DATE:
DATE:
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ATTACHHENT 1
PART A
CONTRACT FOR SERVICE OF PROCESS WITH
LOCAL GOVERNMENT
SERVICE TO BE PROVIDED
Under this Agreement the County agrees:
I. Services
1. To promptly attempt service on all intrastate Child
Support Enforcement actions that are referred by the Department,
or an agent thereof, and which are identified as Title IV-D
intrastate cases. If service is not perfected on the initial
attempt, additional attempts will be made until service is
successful or the Sheriff is convinced that service is not
possible, pursuant to Section 30.231 (2), F.S.
2. To promptly provide the Department or its designee with
a copy of th Sheriff's return indicating whether service of
process has been perfected. Where service of process has not been
perfected, the Sheriff must specifically state on the return why
service of process has not been perfected.
3. To bill the Department on a monthly basis for all
original requests for service of process, and to include such
information on the request for reimbursement as needed by the
Departmpnt to substantiate the request for reimbursement at the
prevailing rate of Federal Financial Participation under Title
IV-D of the Social Security Act, and to permit proper audits.
4. To maintain sufficient staff, facilities and equipment to
deliver the agreed upon services or to notify the Department
whenever the Sheriff is unable, or is gping to be unable to
provide the requireu quality or quantity of services.
5. To make and keep records of date of receipt of process,
date of assignment to deputy attempting service, name of deputy
attempting service and to make such information or records avail-
able to HRS personnel responsible for service of process
6. If service is not made within 5 days of receipt of request,
to record the reason why and the status of such service in order to
inform HRS personnel who are responsible for service of process.
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ATTACHMENT 1
PART B
CONTRACT FOR SERVICE OF PROCESS WITH
LOCAL GOVERNHENT
MANNER OF SERVICE PROVISIONS
1. Attempt to serve process within five working days of receipt
of the request.
2. Attempt to serve process on respondent during employment hours
at the respondents place of employment.
3. Attempt to serve process on respondent at respondent's
residence, outside employment hours, when resident address is
given.
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ATTACHMENT 1
PART C
CONTRACT FOR SERVICE OF PROCESS WITH
LOCAL GOVERNMENT
SPECIAL PROVISIONS
1. Area of Service
The services required of the County pursuant to this
Agreement shall be provided in MONROE County.
2. Severability
If any provision herein or the application thereof is
held invalid for any reason, such invalidity shall not affect the
validity of other provisions or applications thereof, which can be
given effect without the invalid provision or application. To
this end, the provisions of this agreement are declared to be
severable.
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ATTACHMENT 1
PART D
CONTRACT FOR SERVICE OF PROCESS WITH
LOCAL GOVERNMENT
METHOD OF PAYMENT
1. Subject to the terms of this agreement and the provisions
of 45 CFR Part 74, the Department shall reimburse the County for
no more than a total dollar amount of $ 15.000.00 for
expenditures made in accordance with the attached Reimbursement
Flow Chart (ATTACHMENT 1, Part E). Reimbursement shall be made on
the basis of a monthly itemized report of requests to serve
original service of process. The request for reimbursement shall
be made on a form provided by the Department or an equivalent form
developed by the Sheriff containing all information required by
the Department. The County will be reimbursed 70% of the $12.00
fee it pays the Sheriff for original service of process in IV-D
intrastate cases.
2. Request for reimbursement shall be made monthly by the
County with an accompanying certification that a total payment of
$12.00 fee for each request of service by the Sheriff has been
paid to the Sheriff's Service of Process Fee Account.
3. If the court orders the absent parent to pay for the
service, the payment should be to the County who will retain 30%
of the payment and use the remaining 70% to reduce the total
service of process bill to the Department for the month in which
the absent parent actually made the payment. The bill must show
the names of all absent parents who made payments so that costs
records can be updated by district CSE units.
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SHERIFF
OFFICE
SERVICE
OF
PROCESS
BILL
Ul:"~ ~,_.llN(j '11" '~UUNT:t: L;J uull'H" l!'.. '-' i'. , l.
REQUIRED TO CREATE THE NECESSARY PART E
RECORDS FOR AUDITING PURPOSES
TO SHOW COMPLIANCE WITH FEDERAL
REGULATIONS IN USING FEDERAL
FUNDS TO PAY FOR SERVICE OF PROCESS
FEES PURSUANT TO CHAPTER 84-141, LAWS OF FLORI
COUNTY
FINANCIA
OFFICER
--------(A)-------->
DISTRICT
CSE
SPECIAL
CATEGORY
ACCOUNT
COUNTY
SPECIAL
SERVICE
OF
PROCESS
ACCOUNT
(A). On a month y basis the Sheriff will certify and forward his bill
for service of rocess fees to the appropriate county financial officer.
(B). The cou ty financial officers will effect a budget transfer to a
"Service of rocess" special account in an amount equal to 100% of the
bill provid d by the Sheriff. An audit trail of this transaction must be
maintaine .
county financial officers will certify that the bill has been
forward it to the District CSE Supervisor requesting that 70% of
cost be reimbursed.
District CSE Supervisors will process the bill and forward same
he District Administrative Service officer who will cause an amount
e al to 70% of the total fee cost to be paid to the County financial
o ficer.
;,'
(E). The County financial officer, subsequent to the processing of the
bill to the Department, may withdraw the money previously paid into the
service of process special account and utilize the funds any time, as
seen fit by the county. Additionally, after payment of 70% of the total
bill by the Department, these funds may also be used as desired by the
county.
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ATTACHMENT 1
P~TF
CONTRACT FOR SERVICE OF PROCESS WITH
LOCAL GOVERNMENT
CIVIL RIGHTS CERTIFICATE
The following Civil Rights Certificate is an agreement between the
Federal Government and the Department (referred to in the
certificate as the Applicant) and is binding on the Department and
its contractors, subcontractors, subgrantees or others providing
services in support of programs funded wholly or in part by
Federal funds, including the Title IV-D Child Support Enforcement
Program.
Civil Riahts Certificate
~
Assurance of Compliance with Title VI of the Civil Rights Act of
1964, Section 504 of the Rehabilitation Act of 1973, Title IX of
the Education Amendments of 1972, the Age Discrimination Act of
1975, and the Omnibus Budget Reconciliation Act of 1981.
The Applicant provides this assurance in consideration of and for
the purpose of obtaining Federal grants, loans, contracts (except
contracts of insurance or guaranty), property, discounts, or other
Federal financial assistance to programs or activities receiving
or benefiting from Federal financial assistance.
The applicant assures that it will comply with:
1. Title VI of the Civil Rights Act of 1964, as amended, 42
D.S.C. 2000d et ~., which prohibits discrimination on the basis
of race, color, or national origin in programs and activities
receiving or benefiting from Federal financial assistance.
2. Section 504 of the Rehabilitative Act of 1973, as
amended, 29 D.S.C. 794, which prohibits discrimination on the
basis of handicap in programs and activities receiving or
benefiting from Federal financial assistance.
3. Title IX of the Education Amendments of 1972, as
amended, 20 D.S.C., 1681 et ~., which prohibits discrimination
on the basis of sex in education programs and activities receiving
or benefiting from Federal financial assistance.
4. The Age Discrimination Act of 1975, as amended, 42
D.S.C. 6101 et ~., which prohibits discrimination on the basis
of age in programs or activities receiving or benefiting from
Federal financial assistance.
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5. The Omnibus Budget reconciliation Act of 1981, P.L.
97-35, which prohibits discrimination on the basis of sex and
religion in programs and activities receiving or benefiting from
Federal financial assistance.
6. All regulations, guidelines, and standards lawfully
adopted under the above statutes.
The applicant agrees that compliance with this assurance
constitutes a condition of continued receipt of or benefit from
Federal financial assistance, and that it is bindlng upon the
applicant, its successors, transferees, and assignees for the
period during which such assistance is provided. The applicant
further assures that all contractors, subcontractors, subgrantees
or others with whom it arranges to provide services or benefits to
participants or employees in connection with any of its programs
and activities are not discriminating against those participants
or employees in violation of the above statutes, regulations,
guidelines, and standards. In the event of failure to comply, the
applicant understands that the Grantor may, at its discretion,
seek a court order requiring compliance with the terms of this
assurance or seek other appropriate judicial or administrative
relief, to include assistance being terminated and further
assistance being denied.
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