Loading...
03/21/2001 Agreement CLERK OF THE CIRCUIT COURT MONROE COUNTY BRANCH OFFICE MARATHON SUB COURTHOUSE 3117 OVERSEAS HIGHWAY MARATHON, FLORIDA 33050 TEL. (305) 289-6027 FAX (305) 289-1745 MONROE COUNTY COURTHOUSE 500 WHITEHEAD STREET KEY WEST, FLORIDA 33040 TEL. (305) 292-3550 FAX (305) 295-3663 BRANCH OFFICE PLANTATION KEY GOVERNMENT CENTER 88820 OVERSEAS HIGHWAY PLANTATION KEY, FLORIDA 33070 TEL. (305) 852-7145 FAX (305) 852-7146 MEMORANDUM TO: County Attorney's Office ATIN: Ian Hotalen FROM: Isabel C. DeSantis, f'I J::\ Deputy Clerk '-Y . C . L.J . DATE: Friday, September 07,2001 At the BOCC meeting on March 21,2001 the Board granted approval and authorized execution of a Contract for Misdemeanant Offender Supervision Services provided by the Salvation Army. On July 31,2001, this office delivered (see corresponding memo), a fully executed duplicate original of the subject document to Mr. Merritt of the Salvation Army for his use. Attached hereto for your use is a fully executed copy of the subject Agreement. Should you have any questions concerning this matter, please do not hesitate to contact this office. :icdl Cc: Finance File CONTRACT FOR MISDEMEANANT OFFENDER SUPERVISION SERVICES PROVIDED BY THE SALVA nON ARMY A GEORGIA CORPORATION THIS AGREEMENT (the "CONTRACT") is entered into this 10'" day to December, 2000, pursuant to B948.15, Florida Statutes (1991), upon the signature ofa11 parties, by and between the Board if 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 948.1 S, Florida Statutes (1991), states that supervision, rehabilitatioJ1,l 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 piovided 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 of 9 NOW THEREFORE, in consideration of the mutual covenants and provisions contained herein, and for b other valuable consideration received by the parties, the COUNTY and the ARMY agree as follows: L TERM AND RENEWAL The tenn of the CONTRACT shall begin at the data above written, upon signatures of all parties and shall remain in effect for thirty-six (36) months or until terminated by either party hereinafter started. This CONTRACT may be canceled for just cause by either party. However, the CIRCUIT, after advising the ARMY in writing of deficiencies, must allows the ARMY ninety (90) days to bring the program into compliance. If compliance is ,^ attained, the CONTRACT period will continued unimpaired. Future noncompliance 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. n. SCOPE OF CONTACf. 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 COUNn' courthouse to provide proper liaison with the COURT and for initial intake of persons placed on misdemeanor ' probation with the ARMY. B, The ARMY shall have, either on staffor on an on-caIl 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 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. TheARMY shall maintain separate case files containing infonnation on all cases referred to the misdemeanor probation program. Records shall be maintained for a period of three (3) years past the termination of probation. The infonnation 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, data and time records of in-office and field contacts with the probationer, records of community service work hours, report of treatment programs or other special conditions of the COURT, computer house arrest records, any known prior criminal record, reports of violation, report oftennination, and probation disposition. I 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. -'. .. Page 2 of 9 F. The ARMY agrees to provide all probation service as directed by the COURT and shall follow up and enforce special conditions of probation including but not limited to: i Restitution ii Fines and Court Cost Hi Evaluation and treatment 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 B948.09(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-five dollars ($45.00) per month. The Chief Judge shall review this amount at least annually and may order an increase or decrease for new cases. ~ I. 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 wen, 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 students. status shall be provided to the AGENCY by the educational institution in which the probationer is enrolled. Page 3 of 9 ~ II I i t ~ I ~ , 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. 1. The ARMY ~haIJaccept payment of all fees only by certified check or money order made payable to the Salvation Anny. The ARMY shan 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. Payments of Fines and Court Costs shall be made in accordance with a schedule to be developed by the Clerk of the Court/Chief Financial Officer of Monroe Co~nty. K. The ARMY shall establish and maintain a Community Service Work program which will allow conversion of Fines and lor Court Cost into community service work hours. The sentencing judge win 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 detennine ifreferred probationers require other services in addition to those ordered by the COURT and shall use its best efforts to direct probationers to appropriate programs. Records of referrals to such programs and progress reports shan be included in the case file. Should the ARMY deem any additional program participation necessary, and 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 5chedule 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 providing its proper function, the ARMY shall notifY the COURT. I Q. Proposed orderiofprobation violation, probation modification, and termination orders as Page 4 of 9 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 shalt transmit a copy of the case file to the judge in whose division the case has been heard. The probationer 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. The ARMY shall have or wilt secure at their own expense, alt 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. I T. All newly hired probation officers and supervisors shan 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 ofIanuary 1, 1991 shall be conducted of all newly hired probati6n officers and supervisors to detennine that the person is of good character and has no felony or other conviction involving dishonesty or deceit. u. The ARMY shall maintain a staffing level of professional employees which will 'ensure caseloads of no more than 180 cases. V. This CONTRAcr shall be applicable to all probation cases currently assigned to the ARMY as well as any new cases. ' ID. 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 Iudg~ within (90) days following the close of the ARMY'S fiscal year. I 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 ChiefIudge to assist in evaluating the effectiveness of the ARMY'S activities. Page S of 9 Representatives of the Auditor General of the State ofFtorida, 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 cost 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 polices 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 ofInsurance to the COURT. The Certificates shall clearly indicate 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 Jiability 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 operation 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 hannless clause for Monroe County. VL NOTICE. Pursuant to this agreem~ notice shall be given in writing by U.S. Mail, certified return receipt request~ addressed as follows: .' Page 6 of 9 ThesA~~C.m~~ent . 1930 Flagler Avenue Key W~ Florida 33040 I i . ~ I The "CBJEF JUDGE" The Chiefludge of the Sixteenth 1udicial Circuit / SOO Whlthead Street Key West, Florida 33040 / The "COUNTY" Monroe County Board of County COmmissioners 310 Fleming Key West, Florida 33040 YD. ENTIRE AGREEMENT. This written agreement contains the sole and entire agreement between the COUNTY an the ARMY, ~d supersedes any and all other agreements between them, I I , vm. WAIVER OR MODU'lCA n/ON. No waiver or modification of the agreement or any covenant, condition or limitation here:Jn contained shall be valid unless in writing and duly executed by the parties thereto. ;' IX. CONTRACf GOVERNED )1Y FLORIDA LAW. This agreement and perfonnance hereunder and all suits and special t'.rOCeeding. thereunder shalI be construed in accordance with the laws oftbe State of Florida. The.venue for any litigation arising under this contract will be in Monroe County, Florida. X. SEVERABlLlTY. If any provi~jon, or any portion thereo~ contained in this agreement is held unconstitutional, invalid, or un~\forceable, the remainder of this agreement, or portion thereof shalt be deemed severable, shall not be aft'ected and shall remain in full force and effect. Page 7 of 9 XL 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 empl~yment, 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 COUNlY 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 ofappticability. :f. Page 8 of 9 IN WITNESS WHEREOF, the COUNTY has executed and signed this agreement through its Chairman, and duly attested by its Oerk and the ARMY has signed and executed this agreement, as set forth below. ST: DANNY L. KOLHAGB, Clerk OF TIm CIRCUIT COURT :- .~. B t:."J ..'r;" <- r~c c::: z ..:I -" W ",""1 (J' ~,.. 0(") : '0 ....~.., ........... ~33;-;r. :~~:} . <:> ::::- -~ -f("')r- :x ..v :<:-t::t: - :rt )> - CJ ..,., .. r.::> r- C) N J> rn ::.0 ...... Q ATI'EST: B AlU..fY:,THE OJ .vATION ARMY, ::~ DAVID R. MOTHERSH~D Printed Name of Signer ASSISTANT TREASURER Title ..v-" .t.- Page 9 of 9