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12/10/1997 Agreement J)annp 1.. llolbage BRANCH OFFICE 3117 OVERSEAS HIGHWAY MARATHON, FLORIDA 33050 TEL. (305) 289~27 FAX (305) 289-1745 CLERK OF THE CIRCUIT COURT MONROE COUNTY 500 WHITEHEAD STREET KEY WEST, FLORIDA 33040 TEL. (305) 292-3550 FAX (305) 295-3660 '-... BRANCH OFFICE 88820 OVERSEAS HIGHWAY PLANTATION KEY, FLORIDA 33070 TEL. (305) 852-7145 FAX (305) 852-7146 MEMORANDUM TO: Commissioner Shirley Freeman Ruth Ann Jantzen, Deputy Clerk ~. March 31, 1998 FROM: DATE: At the December 10, 1997 County Commission Meeting, the Board granted approval and authorized execution of a Contract for Misdemeanant Offender Supervision Services provided by the Salvation Army between Monroe County, on behalf of the Chief Judge, and the Salvation Army. Enclosed please find a fully executed duplicate original of the above Contract for return to the Salvation Army. If you have any questions concerning the above, please do not hesitate to contact this office. Enclosure cc: County Attorney Finance County Administrator, wlo document Court Administrator, wlo document File CONTRACT FOR MISDEMEANANT OFFENDER SUPERVISION SERVICES PROVIDED BY THE SALVATION ARMY THIS AGREEMENT (the "CONTRACT") is entered into this -"LtL.day of ~O__~...L , 199.J pursuant to B948.15, Florida Statutes (1991), upon the signature of all parties, by and between the Board of COUNTY Commissioners of Monroe County, Florida (the "COUNTY"), a political subdivision of the State of Florida, on behalf of the Chief Judge, Sixteenth Judicial circuit (the "CHIEF JUDGE") and the Salvation ARMY, a Georgia Corporation (the "ARMY"). WHEREAS, certain misdemeanor defendants are sentenced to terms of probation by the County Court, Sixteenth Judicial Circuit, Monroe County; (the "COURT"); and WHEREAS, Section 948.15, Florida Statutes (1991), states that supervIsIon, rehabilitation, and probation services may be provided by a court-approved private entity; and WHEREAS, Sections 775.089 and 948.03, Florida Statutes (1989), authorize courts to order defendants to make restitution; and WHEREAS, the COURT seeks a private entity to provide certain probation services for the efficient administration of justice in Monroe County; and WHEREAS, Salvation ARMY has provided probation services to the COURT and the COURT desires that the ARMY continue such services pursuant to a written understanding which establishes minimum standards of service and financial accountability for the ARMY; and WHEREAS, the CHIEF JUDGE of the COURT requests the COUNTY to execute this CONTRACT: Page 1 oflD NOW THEREFORE, in consideration of the mutual covenants and provisions contained herein, and for other valuable consideration received by the parties, the COUNTY and the ARMY agree as follows: I. TERM AND RENEWAL. The term of the CONTRACT shall begin at the date above written, upon signatures of all parties and shall remain in effect for thirty- six (36) months or until terminated by either party hereinafter stated. This CONTRACT may be canceled for just cause by either party. However, the CIRCUIT, after advising the ARMY in writing of deficiencies, must allow the ARMY ninety (90) days to bring the program into compliance. If compliance is attained, the CONTRACT period will continue unimpaired. Future noncompliances will be handled as above. If there is continued non-compliance after ninety (90) days, the CONTRACT can be canceled after thirty (30) days written notice. II. SCOPE OF CONTRACT. The ARMY agrees to provide the following services to the COURT and court-ordered probationers under their supervision consistent with standards and criteria of the Florida Department of Corrections: A. The ARMY shall assign in-court representatives in each COUNTY courthouse to provide proper liaison with the COURT and for the initial intake of persons placed on misdemeanor probation with the ARMY. B. The ARMY shall have, either on staff or on an on-call basis, interpreters to assist non-English speaking probationers in understanding and meeting the terms of probation. C. The hours of operation of the ARMY shall be flexible to encourage employment of the probationer. The ARMY shall provide weekend and/or evening hours by appointment when necessary for the continued employment of the probationer. D. The ARMY shall prepare a written plan of need which is to be addressed during the period of supervision on each probationer. The ARMY shall maintain separate case files containing information on all Page 2 oflO cases referred to the misdemeanor probation program. Records shall be maintained for a period of three (3) years past the termination of probation. The information in the file shall include the name of the probationer, case number, charge(s), COURT order(s) relating to supervision, intake and supervision reports, payment records of restitution and court-ordered fees, date and time records of in-office and field contacts with the probationer, record of community service work hours, reports of treatment programs or other special conditions of the COURT, computer house arrest records, any known prior criminal record, reports of violation, reports of termination, and probation disposition, E, The ARMY shall provide a minimum of one monthly probationer contact, either through mail or in person, for counseling and/or supervision, unless waived by the COURT. F. The ARMY agrees to provide all probation services as directed by the COURT and shall follow up and enforce special conditions of probation including but not limited to: i. Restitution 11. Fines and COURT Costs iii. Evaluation and treatment programs iv. Community Service v. Cost of Supervision VI, Procurement of Licenses G. The ARMY shall place priority on supervision of the payment of restitution to probationers' victim(s). Waivers by the COURT of any special condition of probation shall be noted in the case file. H. The ARMY is entitled to collect from each probationer costs of supervision as may be ordered by the COURT and as authorized by Florida Statutes Jl948.09 (1991). Any failure to pay such costs shall constitute a ground for the revocation of probation by the COURT. This amount is currently established at forty dollars ($40.00) per month, The Chief Judge Page 3 of10 shall review this amount at least annually and may order an increase or decrease for new cases. 1. The COURT may exempt a probationer from the payment of all or any part of the cost of supervision under a determination of extenuating circumstances. As well, the ARMY may exempt a probationer from payment of all or any part of the costs of supervision if any of the following factors are found to exist through actual documentation: i. The probationer has diligently attempted but has been unable to obtain employment which provides him with sufficient income to make such payments. ii. The probationer is a student in a school college, university, or course of vocational or technical training designed to prepare the student for gainful employment. Certification of such student status shall be provided to the AGENCY by the educational institution in which the probationer is enrolled. iii. The probationer has an employment handicap as determined by a physical, psychological, or psychiatric examination acceptable to, or ordered by, the COURT. iv. The probationer's age prevents him or her from obtaining emploYment. v. The probationer is responsible for the support of dependents, and the payment of such costs of supervision constitutes and undue hardship on the probationer. J. The ARMY shall accept payment of all fees only by certified check or money order made payable to the Salvation Army. The ARMY shall establish a program which allows individuals assigned to the program to pay court-ordered obligations in monthly installments. All sums payable to the Clerk of the Court and to victims shall be deposited into an escrow account usable only for such payments. Payment of Fines and Court Costs Page 4 ofl0 shall be made in accordance with a schedule to be developed by the Clerk of the Court/Chief Financial Officer of Monroe County. K. The ARMY shall establish and maintain a Community Service Work program which will allow conversion of Fines and/or Court Costs into community service work hours. The sentencing judge will determine eligibility of defendants for this program. The program will be implemented in accordance with the provisions of the order provided by the COURT. Community Service Work hours submitted by probationers will be verified either in writing or by phone by the ARMY prior to being credited in fulfillment of the conditions of probation ordered by the COURT. L. The needs of each case referred to the ARMY by the COURT shall be evaluated by the ARMY. The ARMY shall determine if referred probationers require other services in addition to those ordered by the COURT and shall use its best efforts to direct probationers to appropriate programs. Record of referrals to such programs and progress reports shall be included in the case file. Should the ARMY deem any additional program participation necessary, an application for modification of probation shall be made to the sentencing COURT. M. In order to be considered as completed, all non-monetary conditions of probation imposed by the COURT shall be verified in writing from the appropriate agency. N. The fee schedule and program content of any outside agency providing services or programs which fulfill conditions of probation are subject to review by the COURT. O. The ARMY shall encourage unemployed probationers to improve their employability through referrals to schools and training. P. The ARMY shall maintain regular contact with all treatment agencies, schools, and other programs to which offenders are referred. In any case where a treatment agency, school, or other program does not appear to be Page 5 ofl0 providing its proper function, the ARMY shall notify the COURT. Q. Proposed orders of probation violation, probation modification, and termination orders as appropriate shall be prepared by the ARMY. R. In any case where COURT jurisdiction has been lost prior to all conditions of probation being satisfied by the offender, the ARMY shall transmit a copy of the case file to the judge in whose division the case has been heard. The probation counselor shall transmit, with the case file, a cover letter on ARMY letterhead outlining in detail the efforts made by that counselor to seek compliance with the terms of probation. S. In the event the ARMY recommends termination prior to the probationer's having completed payment of Restitution, Fines, or COURT Costs, without notifying the COURT that the conditions have not been completed, the ARMY shall be responsible for the payment of any remaining Restitution, Fines, or Court Costs unless waived, for good cause, by the COURT. T. The ARMY shall have or will secure at their own expense, all necessary personnel to perform the services under this CONTRACT. Such personnel shall not be employees of or have any contractual relationship with the COUNTY, the COURT, or any law enforcement agency. U. All newly hired probation officers and supervisors shall possess a B.A. degree from an accredited College or University or have an equivalent combination of education and experience. A thorough background check in accordance with essential standards established by the American Correctional Association as of January 1, 1991 shall be conducted of all newly hired probation officers and supervisors to determine that the person is of good character and has no felony or other conviction involving dishonesty or deceit. v. The ARMY shall maintain a staffing level of professional employees which will ensure caseloads of no more than 180 cases. Page 60fl0 w. This CONTRACT shall be applicable to all probation cases currently assigned to the ARMY as well as any new cases. III. RECORDS. The ARMY shall maintain auditable financial records of all Fines, Restitutions, and Supervision Fees received and disbursed by the ARMY. A financial report shall be provided to the Chief Judge within ninety (90) days following the close of the ARMY'S fiscal year. The ARMY is also required to submit at their own expense an annual audit conducted by a third-party independent firm. The ARMY shall also record and maintain statistical data concerning the number and type of cases being handled, terminated, and completed as well as such additional information as may be required by the Chief Judge to assist in evaluating the effectiveness of the ARMY'S activities. Representatives of the Auditor General of the State of Florida, the Court Administrator, the Clerk of the Court, the Board of County Commissioners, the Chief Judge or their duly authorized representatives shall have authorization to visit the ARMY'S probation facilities periodically and to have access for purposes of examination, any books, documents, papers, and records of the ARMY as they relate to this CONTRACT. The ARMY shall maintain adequate records to justify all charges, expenses, and costs incurred in estimating and performing the work as well as records of payments received and disbursed for at least three (3) years. IV. REPORTS. A monthly statistical report of activities shall be submitted to the COURT. v. INSURANCE. The ARMY shall obtain all insurance and bonding required under this CONTRACT. All insurance policies and security bonds shall be issued by companies authorized to do business under the laws of the State of Florida. The ARMY shall furnish Certificates of Insurance to the COURT. The Certificates shall clearly indicate Page 70fl0 that the ARMY has obtained insurance of the type, amount, and classification as required for compliance with this CONTRACT and that no material change or cancellation of the insurance shall be effective without thirty (30) days prior written notice to the COURT. Compliance with the foregoing requirement shall not relieve the ARMY of its liability and obligations under this CONTRACT. The ARMY shall maintain, during the time this CONTRACT is in effect, comprehensive general liability insurance in a minimum amount of $500,000 per occurrence to protect the ARMY from claims for damages for bodily and personal injury, including wrongful death, as well as any claims for property damage, which may arise from any operations under this CONTRACT, whether such operations be by the ARMY or by anyone directly employed by or contracting with the ARMY. The policy shall also contain a hold harmless clause for Monroe County. VI. NOTICE. Pursuant to this agreement, notice shall be given in writing by U.S. Mail, certified return receipt requested, addressed as follows: The "ARMY" The Salvation Army Corrections Department 1930 Flagler Avenue Key West, Florida 33040 The "CHIEF JUDGE" The Chief Judge of the Sixteenth Judicial Circuit 500 Whitehead St. Key West, FL 33040 The "COUNTY" Monroe County Board of County Commissioners Key West, Florida 33040 VII. ENTIRE AGREEMENT. This written agreement contains the sole and entire agreement between the COUNTY and the ARMY, and supersedes any and all other agreements between them. Page 8 ofl0 VIII. WAIVER OR MODIFICATION. No waiver or modification of the agreement or of any covenant, condition or limitation herein contained shall be valid unless in writing and duly executed by the parties thereto. IX. CONTRACT GOVERNED BY FLORIDA LAW. This agreement and performance hereunder and all suits and special proceedings thereunder shall be construed in accordance with the laws of the State of Florida. The venue for any litigation arising under this contract will be in Monroe County, Florida. X. SEVERABILITY. If any provision, or any portion thereof, contained in this agreement is held constitutional, invalid, or unenforceable, the remainder of this agreement, or portion thereof shall be deemed severable, shall not be affected and shall remain in full force and effect. XI. STATEMENT OF ASSURANCE. During the performance of this agreement, the ARMY herein assures the COUNTY that the ARMY is in compliance with Title VII of the 1964 Civil Rights Act as amended and the Florida Human Rights Act of 1977 in that the ARMY does not, on the grounds of race, color, national origin, religion, sex, age, handicap, or marital status, discriminate in any form or manner against the ARMY'S employees, applicants for employment, or clients. The ARMY understands and agrees that this Agreement is conditioned upon the veracity of this Statement of Assurance. Furthermore, the ARMY herein assures the COUNTY that the ARMY will comply with Title VI of the Civil Rights Act of 1964 when any federal grant(s) is/are involved. Other applicable federal and state laws, executive orders, and regulations prohibiting the type of discrimination as hereinabove delineated are included by this reference thereto. This Statement of Assurance shall be interpreted to include Vietnam-Era Veterans and Disabled Veterans within its protective range of applicability. Page 9 of 10 ~ IN WITNESS WHEREOF, the COUNTY has executed and signed this agreement through its Chairman, and duly attested by its Clerk and the ARMY has signed and executed ~~e~~ent, as set forth below. ATTEST. I~.~\.,) ',/, CLERK ~F THE CIRcJJ.~;- ~. ''UIl.'\'i;', . /, ~ny L. \<o\hQ~t...\~\ ;, '.~ \ \.~ \ ~..'..'''' BY:~~~~~~~,-____ A T: ARl\fY: THE SALVATION ARMY, A ~~CO BY:~ -.... IMYtD R. MOTHERsHm Printed Neme of Signer ------------------------- ASSISTANT lREAStIRBt ------------------------- Title FLORIDA OIVISiON. I ~ o };.PPROVEO .' ;~"!iNil.Ntl!. &OARD e--RECOMMENO ~pWI. H CONTINGENC1E3 ROVAl. TO THQ MAR 1 0 1998 Page 10 of10 THE SALVATION ARMY POLICY STATEMENT ON RELATIONSHIPS WITH OTHER GROUPS AND ORGANIZATIONS The Salvation Army in the United States works cooperatively with many groups _ governmental, social service, civic, religious, business, humanitarian, educational, health, character building, and other groups - in the pursuit of its mission to preach the Christian Gospel and meet human need. Any agency, governmental or private, which enters into a contractual or cooperative relationship with The Salvation Army should be advised that: 1 . The Salvation Army is an international religious and charitable movement, organized on a quasi-military pattern, and is a branch of the Christian church. 2. All programs of The Salvation Army are administered by Salvation Army Officers, who are ministers of the Gospel. 3. The motivation of the organization is love of God and a practical concern for the needs of humanity. 4. The Salvation Army's provision of food, shelter, health services, counseling, and other physical, social, emotional, psychological and spiritual aid, is given to persons in need simply because they are in need, regardless of race, color, religion, sex, age, national origin or handicap. Organizations contracting and/or cooperating with The Salvation Army may be assured that because The Salvation Army is rooted in Christian compassion and is governed by Judeo-Christian ethics, the provisions of its contracts and agreements will be strictly observed. Commissioners Conference: February 1993 1996 Edition MONROE COUNTY, FLORIDA RISK MANAGEMENT POLICY AND PROCEDURES CONTRACT ADMINISTRATION MANUAL Indemnificatjon and Hold Harmless for Other Contractors and Subcontractors The ARMY covenants and agrees to indemnify and hold harmless Monroe County Board of County Commissioners from any and all claims for bodily injury (including death), personal injury, and property damage (including property owned by Monroe County) and any other losses, damages, and expenses (including attorney's fees) which arise out of, in connection with, or by reason of services provided by the ARMY or any of its Subcontractor(s) in any tier, occasioned by the negligence, errors, or other wrongful act or omission of the ARMY or its Subcontractors in any tier, their employees, or agents. The extent of liability is in no way limited to, reduced, or lessened by the insurance requirements contained elsewhere within this agreement. Administration Instruction #4709,2 97 1996 Edition EMPLOYEE DISHONESTY INSURANCE REQUIREMENTS FOR CONTRACT BETWEEN MONROE-COUNTY, FLORIDA AND The ARMY shall purchase and maintain, throughout the term of the contract, Employee Dishonesty Insurance which will pay for losses to property or money caused by the fraudulent or dishonest acts of the ARMY's employees or its agents, whether acting alone or in collusion of others. The minimum limits shall be: $10,000 per Occurrence EDt Administration Instruction #4709,2 44