HomeMy WebLinkAboutM. Court Administration
11 I~ (~.,.~.]:.::} \,l J~~. :!.~.c',~,~; "., ,. A
oi '..... -~ c;~u,. c" t'iJ ~i1L.{ U l /01 U
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: May 19. 2010
Bulk Item: Yes t,L"i No
Division: Court Administration
Department: Holly ElominalNatileene Cassel
Staff Contact PersonJPhone: Natileene Cassel
292-3470
AGENDA ITEM WORDING: Approval to amend the current agreement with Court
Options, Inc. to provide for two (2) two-year options to renew rather than four (4) one-year
options to renew. Court Options is the provider of misdemeanor probations services
countywide.
ITEM BACKGROUND: After competitive bid, Court Options, Inc. was awarded a contract
with the County to provide misdemeanor probations services to the County. The contract allows
Court Options, Inc. to be paid entirely by probationers and is at no cost to the County. The initial
contract called for a term of three (3) years commencing August 1, 2007 and ending July 31,
2010 with the option to renew for four one-year terms. This amendment provides for two (2) year
terms. Both the original contract and the current amendment would end the original agreement in
2012 if all options to renew were granted.
PREVIOUS RELEVANT DOCC ACTION: Approval of Agreement dated July 18, 2007.
CONTRACT/AGREEMENT CHANGES: Amend to allow for two two-year terms rather than
four one-year terms.
STAFF RECOMMENDATIONS: Approval
BUDGETED: Yes _No
TOTAL COST: -0- INDIRECT COST:
-0-
DIFFERENTIAL OF LOCAL PREFERENCE: ~
COST TO COUNTY:
-0-
SOURCE OF FUNDS: NIA
REVENUE PRODUCING: Yes_ N~ AMOUNTPERMONm_ Year
APPROVED BY: County Arty ~ O~ing_ Risk Management \ n s:
DOCUMENTATION: Included x Not Required_
DISPOSITION:
AGENDA ITEM #
Revised 7/09
,
\.
\"....,--~--.-~
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
CONTRACT SUMMARY
Contract with: Court Options, Ine
For misdemeanor probation services
Effective Date: July 18, 2007
Expiration Date: July 31, 2010 with options to
renew for 4 years
Contract Purpose/Description: Amend contract to change options to renew from four (4)
one-year terms to two (2) two-year terms.
Contract Manager: Natileene Cassel
(Name)
for BOCC meetina o:?21l:;110
3470 County Attorney
(Ext.) (Department)
D5 j(J.i{CU
Aaenda Deadline:~l92710
CONTRACT COSTS
Total Dollar Value of Contract: $ -0- Current Year Portion: -0-
(aporox.)
Budgeted? Yes X No
Grant:
County Match: $0
Account Codes:
-xxxxxx
ADDITIONAL COSTS
CONTRACT REVIEW
J>fr~7.In
Division Director ~ 0
Risk Management ~~ -10
o~~./purchaSing 5 -b-tV
County Attorney :5 /..!1jta
Comments:_
Changes
Neede~. ;~.. R~ .
YesD No . \ n..........
~
YesD NoIZ]/ \in, ~ ~ ~
YesDNo0 ~
YesD Nag- . ~
Date Out
5JJJ/O
5-b -[ ()
6J0/0
~JIj//iJ
OMB Form Revised 9/11/95 MCP #2
Revised 2/95
.~~~~"~~~"~~~~~~"._-----~~~"'.,"c.___.~' ..
. .
, From:
05/04/2010 14:19
#027 P.004/005
FIRST AMENDMENT TO THE
AGREEMENT FOR PROBATION SERVICES.
BETWEEN MONROE COUNTY AND
COURT OPTIONS, INC.
TIDS FIRST AMENDMENT TO THE AGREEMENT FOR PROBATION
SERVICES, is made and entered into this /~ day oflJ{au , 2010, by and between
MONROE COUNTY, FLORIDA, (hereinafter sometim~ the "COUNTY"), and
COURT OPTIONS, INC., a Florida corporation, (hereinafter called the "COURT
OPTIONS'}
WHEREAS, COUNTY and COURT OPTIONS entered into an AGREEMENT FOR
PROBATION SERVICES BETWEEN MONROE COUNTY AND COURT OPTIONS,
INC. (AGREEMENT) dated July 18th, 2007; and
WHEREAS, the AGREEMENT allows the COUNTY and COURT OPTIONS the
option of four (4) one year renewals; and
WHEREAS, COUNTY has been well served by COURT OPTIONS, and it is in the
public interest to continue to have COURT OPTIONS continue to provide probation
services; and
WHEREAS, COURT OPTIONS believes that it will be better able to continue to rent
space, provide for employees and better serve the COUNTY with the certainty of two (2)
two year renewals, rather than a series of four (4) one year renewals; and
WHEREAS, the Judiciary is in agreement with the change; and
NOW THEREFORE, in consideration of the mutual covenants herein set forth and
other good and valuable consideration, the receipt and sufficiency of which is hereby
acknowledged. the COUNTY and COURT OPTIONS hereby agree to amend the
Agreement as follows:
1. Paragraph 2 shall be amended to read as follows:
"TERM OF AGREEMENT
The term of this AGREEMENT is for 1bree (3) years, commencing on the 1 st
day of August, 2007, and ending on the 31, day of July, 2010. County, with the
consent of the Chief Judge of the Court, has the option of renewing this
AGREEMENT for :fem two succeeding periods of (1) one y-ear two vears each,
COUNTY shall provide CONTRACTOR at least thirty (30) days notice of its
intent to renew,"
Page 1 of 2
, From:
05/04/2010 14:20
#027 P.005/005
2. In all other respects~ the original AGREEMENT remains in full force and
effect.
IN WITNESS WHEREOF COUNTY and COURT OPTIONS hereto have
executed this Agreement To Exercise Option To Extend Agreement For Probation
Services Between Monroe County And Court Options~ Inc.~ on the day and date first
written above in four (4) counterparts, each of which shall, without proof or accounting
for the other counterparts, be deemed an original contract amendment.
Attest:
Danny L. KoIhage, Clerk
By:
Board of County Commissioners
Of Monroe County
Deputy Clerk
By:
Mayor Sylvia Murphy
Date:
Date:
Witnesses for CQURT OPTIONS:
~~ONS:
Signature of A-uthorized Corporate Agent
~()I3E,J VA-c-A rVr/r
Print Name
1. ~)eGh-
Signature
Print Name: a~~E &n443oJA-
Date: .s/#J/lb
2.
Date: S /"7/11)
Address: /.2 4'1/) Ale' 7'M... ~
1tJ.Ht.-~ 11&~' " I=Z. r3;!t/lfi) I
Telephone Number: ~..r 33;3--2#2-
ature
Print Name: .LY.6,A- A...AJ'~
Date: S/~/Il>
STATE OF FLORIDA
COUNTY OF /1/11/11/- 'Pl/i)E
Sworn to (or af 00) and subscribed before me this 41f day of )f /I Y' ,
20 I~ by 'tu1tf::N 'AI. j)/V, If on behalf of COURT OPTIONS~
who is personf\JJy known to me~ or produced the following
identification 9 . = ~ /
_'-t..~. _/~
Notary Stamp: Signatw'e of No
NOTARY Pi:BLi( .STt\.TE OF FtoRlDA
~"""""" Judith Coakley Burke Page 2 of2
3'W 1Commission#DD898499
-:",'fIJPl Elpires: JULY 23, 2013
BO~DE~ THRtI' AT1MTIC llDl>'DffiO Cll., lNC.
.1
~
AGREEMENT FOR PROBATION SERVICES
BETWEEN MONROE COUNTY AND
COURT OPTIONS, INC.
THIS AGREEMENT, made and entered into this /f~daY of 11.. L_ ,2007,
A.D., by and between MONROE COUNTY, FLORIDA, (hereinafter ~s called
the "COUNTY"), and COURT OPTIONS, INC., a Florida corporation, (hereinafter
called the "CONTRACTOR").
WHEREAS, certain misdemeanor defendants are placed on probation by the
County Court (COURT) of the Sixteenth Judicial Circuit, Monroe County; and
WHEREAS, Section 948.15(2), Florida Statutes, allows for a private entity under
AGREEMENT with the COUNTY to provide probation services; and
WHEREAS, the COURT utilizes private entities to provide certain misdemeanor
probation and criminal justice services for the efficient administration of justice in
Monroe County; and
WHEREAS, the COURT desires to continue to utilize the probation and criminal
justice services of a private agency WIder an agreement which establishes minimum
standards for service and financial accountability; and
NOW THEREFORE, in consideration of the mutual covenants and provisions
contained herein, the parties agree as follows; That the parties hereto, for the
consideration hereinafter set forth, mutually agree as follow:
1. THE AGREEMENT
The AGREEMENT between the COUNTY shall be the entire Agreement
between the parties.
2. TERM OF AGREEMENT
The term of this AGREEMENT is for Three (3) years, commencing on the 151
day of AuguSt, 2007, and ending on the 31, day of July, 2010. County, with the
consent of the Chief Judge oithe Court, has the option of renewing this
AGREEMENT for four succeeding periods of (1) one.year each. COUNTY shall
provide CONTRACTOR at least thirty (30) days notice of its intent to renew.
3. SCOPE OF THE WORK
The CONTRACTOR shall provide misdemeanor probation services for the 16th
Judicial Circuit, and shall include supervision, rehabilitation, and probation. The
CONTRACTOR may also provide pre-trial diversion services at no additional
cost to the COUNTY and charged exclusively to the participants in the program.
The CONTRACTOR warrants that it is authorized by law to engage in the
performance of the activities herein described, subject to the terms and conditions
if?4~ / at!?
~~'-"~'-'-"------'-'_"'.~~nc~....,____<._,..~~._,_~~.~.._-----,..-..,-..."~~~~~,~c.,~.....____...,..,.,..~,,..~~,
"y
set forth in these AGREEMENT documents. The provider shall at all times
exercise independent, professional judgment and shaH assume professional
responsibility for the services to be provided. CONTRACTOR shall provide
services to the degree permitted by law and ordered by the Court and using the
following standards, as a minimum requirement:
3.1 Monitor Special Conditions
CONTRACTOR shall monitor compliance with conditions placed on referred
cases as directed by the Court. The CONTRACTOR shall monitor, collect, follow
up and enforce special conditions of probation, including, but not limited to:
(i) Restitution
(ii) Fines and Court costs
(iii) Evaluation and treatment programs
(iv) Community services
(v) Cost of supervision fees
(vi) Procurement of licenses
(vii) Pre- Trial Services
The CONTRACTOR shall place priority on payment of restitution. Waivers by
the sentencing Court of any special condition of probation shall be noted in the
case file.
3.2 Staffing
3.2.1 The CONTRACTOR shall maintain adequate staffing levels to:
(i) attend Court when specifically requested by the Court,
(ii) provide proper liaison with the sentencing Court,
(iii)perform the initial intake of persons placed on misdemeanor probation
with the CONTRACTOR,
(iv) properly supervise persons placed on misdemeanor probation with the
CONTRACTOR,
(v) appear at all Court hearings involving a probationer supervised by the
CONTRACTOR,
(vi) supervise an probationers of the COURT,
(vii) maintain records and reporting requirements set by law and by this
Agreement, and
(viii)provide oversight of any offender placed on pre-trial diversion.
(ix) collect, record, report, and distribute all payments as required under this
Agreement.
3.2.2 CONTRACTOR shall staff each area with personnel who are fluent in
English and trained in courtroom decorum, who have experience in providing
testimony in court, who are available to testify, who have knowledge of the
probationer and file about which they are called to testify.
pOt:p.J ~ If
3.2.3 Each area shall be staffed at all times during regular hours and flexible
hours with personnel who are fluent in Spanish and fluent in English to ensure
that probationers will be supervised in the language understandable to the
probationer. It is not a requirement that staff members be bilingual, it is
acceptable to have an English speaker and a Spanish speaker available. The
CONTRACTOR shall have, either on staff or on an on-call basis, interpreters
fluent in other foreign languages to assist the probationer(s) in understanding and
meeting the terms of their probation.
3.2.4 The CONTRACTOR shall have, either on staff or on-call, interpreters to
assist the probationer(s) in understanding and meeting the terms of probation
pursuant to provisions of the Americans with Disabilities Act.
3.2.5 Staff shall provide Face-to-Face contact, at a minimum, at the outset of
supervision and prior to fmal report to the Court regarding compliance with the
order of probation. Additional Face to Face contacts shall be conducted as may be
deemed necessary or beneficial to the successful completion of probation or as
required by the Court. All Face to Face contacts and any non-Face to Face
contacts shall be recorded in the probations file.
3.2.6 The CONTRACTOR shall employ professional probation personnel that
meet or exceed current standards required by the American Correctional
Association. In exigent circumstances, individual exceptions will be permitted
based solely on approval of the individual by the majority vote of all the sitting
COUNTY COURT judges and solely within the judges' discretion. The vote shall
be based on experience and knowledge of the individual and on information given
to the judges by CONTRACTOR prior to the vote.
3.2.7 The CONTRACTOR shall clear all employees prior to hiring through a
criminal background records check, as required by State statute. A record of the
background check shall be kept in the personnel file of each employ.
3.3 Programs & Services
3.3.1 The needs of each probationer referred to the CONTRACTOR by the
sentencing Court shall be evaluated by the CONTRACTOR. The
CONTRACTOR shall determine if said probationer requires other services in
addition to those ordered by the sentencing Court and shall use its best efforts
to direct the probationer to an appropriate program. Contractor will make
recommendations to the Court and get Court approval for additional services.
Records of referrals to such programs and progress reports shall be included in
the case file.
3.3.2 The CONTRACTOR shall cooperate with all treatment agencies, schools
and other programs to which offenders are referred. In any case where a
treatment provider, school or other program does not appear to be providing its
-/Jt3t'9C s ~ I ~
"-'~'-~--"'~'--'~~'~"'~~"_~.___--;--_"".L~.__~,~~"~.n..__"__'_'_._'-"""_
proper function, the CONTRACTOR shall immediately notify the sentencing
Court.
3.3.3 The CONTRACTOR shall provide to the Administrative County Judge and
the COUNTY an annual report, and other statistical reports as are required by the
Court or law.
3.3.4 Any new programs proposed by the CONTRACTOR to be utilized by
people placed on probation in Monroe County shan be disclosed to the COURT
prior to implementation and shall be subject to review and approval of the
COURT.
3.3.5 The CONTRACTOR shall provide electronic monitoring services as
ordered by the Court, with the expenses to be borne by the probationer. The
description of the electronic monitoring services, the responsibilities of the
CONTRACTOR and the COURT, as well as the notification for alerts are
described in Exhibit A.
3.3.6 The CONTRACTOR shall provide program services to Probationers when
ordered by the Court. The pricing and description of the Programs offered are
attached as Exhibit B.
3.3.7 The CONTRACTOR shaH provide random drug testing as ordered by the
Court, with the expense born by the probationer.
3.3.8 The CONTRACTOR shall comply with all laws regarding confidentiality
of Probationers records.
3.4 Probationer Records, Reporting, Filin~. and Court Appearances
3.4.1 The CONTRACTOR shall maintain a separate file containing information
on each probationer referred to the program. Records shall be maintained by the
CONTRACTOR for a period of five (5) years from expiration of the probationary
term. The information in the file shall include the name of the probationer, case
number, charge(s), probatio~ disposition, automated house arrest records,
correspondence, payment records, and any known prior crimmal record. Should
this Agreement be terminated for any reason, a complete copy of the
probationer's file shall be turned over to the COUNTY or it's designee within ten
(10) days of termination.
3.4.2 The CONTRACTOR shaH provide weekly reports to the Court of
collections made and remittances to Court. All coUected fine and cost payments
shall be remitted on a weekly basis to the Clerk of Court.
3.4.3 The CONTRACTOR shall report to the Court any and all violations of
court ordered conditions for any probationer who is materially in violation of such
~4Pl -'I ttp / f
conditions. The CONTRACTOR shan make recommendations for revocation of
probation when the probationer has been arrested or a warrant issued for the
probationer's arrest and when multiple probation violations have occurred.
3.4.4 The CONTRACTOR shall file petitions, warrants, orders or other pertinent
documentation as ordered by the COURT related to the probationer or related to
hearings before the Court.
3.4.5 The CONTRACTOR shall staff each area with personnel who are fluent in
English and trained in courtroom decorum, who have experience in providing
testimony in court, who are available to testify, who have knowledge of the
probationer and file about which they are caUed to testify. The staff member
providing testimony in court shall provide both testimony and supporting
documentation as may be required by the Court, and, shall, upon disposition of
the case by the Court, assure that all required documents are timely filed and take
action as ordered by the Court.
3.4.6 The CONTRACTOR shall submit a weekly statement to the Court or its
representative for the amount of Court fmes, costs and restitution ordered by the
Court and collected by the CONTRACTOR from the Probationers. This report
shall provide to the Court collection data by area of the Florida Keys.
3.4.7 The CONTRACTOR shall tender all fines, costs and restitution ordered by
the Court and collected by the CONTRACTOR. Payments shall be applied first to
Restitution.
3.4.8 The CONTRACTOR shall maintain fine, restitution and/or court costs
collected from the Probationers in an escrow account without the benefit or profit
from said accounts.
3.5 Offices and Office Hours
3.5.1 The CONTRACTOR shaH maintain at least one office in each area of the
Keys (Key West and the Lower Keys, Middle Keys, and Upper Keys). The hours
of operation of the CONTRACTOR shall be flexible to encourage employment of
the probationers. The CONTRACTOR shall notify the probationers of its hours
of operation.
3.5.2 Each area shall have flexible office hours, and shall be open regular hours
from 8:00 to 5:00 week days, shall alternate personnel so as to remain open
during the lunch hour, shall provide additional office hours one day per week
from 5:00 pm to 7:00 pm on week days and a minimum of four consecutive
hours on Saturdays as needed to ensure probationers are able to report and
maintain employment. On can hours may be acceptable after regular office hours
and on Saturdays so long as one regularly scheduled week day will be staffed
until 7:00 pm and as long as a minimum of two Saturdays per month are staffed
~fL .5 rf If?
and/or the staff member on~can is able to respond to a scheduled probationers'
appointment on Saturday.
3.6 Job Assistance
The CONTRACTOR shall encourage unemployed probationers to improve the
probationer's employability through schools and training. The CONTRACTOR
shall provide service to all probationers in securing suitable employment and shall
provide to the Administrative County Judge or his designee a written document
detailing its job assistance procedures.
3.7 Supervision
3.7.1 Initial Intake and Counseling. The CONTRACTOR shall require an initial
face-to-face contact with all probationers for counseling and supervision upon
initiation of probation. The CONTRACTOR shall clearly explain all of the
terms of probation to the probationer in a manner that the probationer
understands. The CONTRACTOR shall conduct a substance abuse evaluation of
the probationer within fIfteen (15) days of the initiation of the probation if
ordered by the Court. The CONTRACTOR shall verify the probationer's actual
home address by scheduling a site visit with the probationer and meeting at the
probationer's home within the first thirty (30) days of the probation. The
CONTRACTOR shall verify the probationer's employment within the first thirty
(30) days of the probation, or within 30 days of obtaining employment, nnless
specificaIly waived by the Court.
3.7.2 Supervision. The CONTRACTOR shall supervise the probationer and
make every effort to ensure the probationer's attendance at the reporting and
counseling sessions described in this paragraph. In addition to the initial intake
and counseling session noted above, most probationers will be required to report
to the CONTRACTOR'S office once per week during the first month of their
probationary term. Probationers will then be required to report once per month
for the remainder of their probationary term. The Court may alter the frequency
of visits in individual cases. Attendance by the probationer at Court-ordered
counseling sessions is also required.
3.7.3 Electronic Monitoring. The CONTRACTOR shall also be required to
provide electronic monitoring of certain probationers as directed by the Court.
Costs of electronic monitoring shall be borne by the probationers and shall be in
addition to the payment of supervision fees referenced in this Agreement.
3.8 Court Orders
Proposed orders of probation violatioo; probation modification, and early
termination shall be prepared by the CONTRACTOR and shall conform to a
format adopted by the COURT.
~" ~/rf
3.9 Community Service Work
The CONTRACTOR may refer probationers to approved non-profit service
organizations or County or municipal governments for completion of community
service hours. The CONTRACTOR will refer probationers first to any of the
aforementioned entities which have a specific project which requires community
service workers. The CONTRACTOR is not permitted to utilize the service of
probationers to perform community service work to the benefit of the
CONTRACTOR. CONTRACTOR shall maintain as part ofthe probationer's
record all community service hours completed and/or not completed by the
probationer.
3.10 Violation of Probation
3.10.1 When a violation of any term of probation is alleged to have occurred,
the CONTRACTOR shall advise the sentencing Court of the alleged violation(s)
by swam affidavit within fifteen (15) days of the occurrence.
3.10.2 lfthe affidavit recommends revocation of probation, the affidavit must
include the reasons therefore and the circumstances under which revocation is
being recommended.
3.10.3 In the event that the CONTRACTOR recommends termination of
probation prior to the probationer having completed payment of restitution,
fines or Court costs, without notifying the sentencing Court that the
conditions have not been completed, the CONTRACTOR shall be
responsible for payment of any remaining restitution, fines or costs unless
waived for good cause by the sentencing Court.
3.10.4 In any case in which the sentencing Court's jurisdiction has been lost
prior to all conditions of probation being satisfied, the CONTRACTOR shall
transmit a copy of the case file to the judge in whose division the case has been
heard. The probation officer shall transmit with the case file a cover letter on
CONTRACTOR'S letterhead providing details of the efforts made by that
officer to seek compliance with the terms of probation.
3.11 Emolovees and Subcontractors
3.11.1 No later than the execution of this AGREEMENT, the CONTRACTOR
shall submit to the Court Administrator, or his designee~ a list of the names of all
probation employees, including those of any subcontractors or independent
Contractors, if any, to be used by the CONTRACTOR in providing the services
under this AGREEMENT. This list shall include the education levels and job
titles of the employees, subcontractors and independent Contractors. This list
shall be updated at least annually, upon the anniversary of the date of this
pa~ 7'P/1
AGREEMENT. All personnel and employees of all subcontractors and
independent Contractors used by the CONTRACTOR shall be cleared prior to
using the individual through a criminal background records check, as required by
State statute and paragraph 3.11.6 of this agreement.
3.11.2 The CONTRACTOR shall provide at its own expense all necessary
personnel to provide the services under this AGREEMENT. The probation
personnel shall not be employees of or have any contractual relationship with the
County, the Court, or any law enforcement agency.
3.11.3 The CONTRACTOR shall maintain a minimum staffing level of at least
one (1) probation officer per two hundred (200) probationers to ensure effective
supervision of probationers. To the highest extent possible, the CONTRACTOR
shall assign each probationer to a specific probation officer who shall maintain
and be responsible for the case throughout the term of the probation.
3.11.4 All of the services required herein shall be performed by the
CONTRACTOR or under its supervision. To the extent that CONTRACTOR
uses subcontractors or independent Contractors, this AGREEMENT specifically
requires that the level of independence normally exercised by such
subcontractors and independent Contractors be curtailed and that they be
supervised by the CONTRACTOR.
3.11.5 All personnel engaged in performing services under this AGREEMENT
shall be fully qualified, and, ifrequired, to be authorized or permitted under
State and local law to perform such services.
3.11.6 All probation officers and supervisors performing services under this
AGREEMENT shall possess a Bachelor's degree from an accredited college or
university or have an equivalent combination of education and relevant
experience. A background check, including FCIC check, verification of relevant
employment and claimed education shall be conducted for newly hired probation
officers and supervisors to determine if they are of good character and have no
felony or other conviction involving dishonesty or deceit. Pursuant to Sect.
948. 15(3)(b), Florida Statutes, qualifications and criminal record checks of staff
shall comply with standards established by the American Correctional
Association. The results of the background checks shall be kept on file and
available for examination by the COURT and the County.
3.11.7 Each officer, director, principle, and probationary service employee shall
provide an affidavit executed under oath, subject to the penalties for perjury
established under Chapter 837, Florida Statutes, that the information provided
for his application and/or background check is true and accurate, that there are
no material omissions therein, and that the intentional false execution of the
affidavit constitutes a misdemeanor of the second degree. These affidavits shall
.p~ g ~/f
~._~...._--_---,-_.".~~.~,w~___.._._.~,~~~_~~~~_,.._._._-----;--r'~.'~--~~~~~"~,~",_,_",,,_____~,"_~c,,~~,~
be maintained by the CONTRACTOR and made available to the Court
Administrator upon request.
3.12 CONTRACTOR'S Financial Records
3.12.1 The CONTRACTOR shall maintain financial records capable of being
audited of all fines, restitution, and supervision fees received, expended and
disbursed by the CONTRACTOR. An annual financial report audited and
certified by a licensed Certified Public Accountant shall be provided to the
County Clerk and to the Court Administrator or his designee within one hundred
twenty (120) days fonowing the close of the CONTRACTOR'S fiscal year. The
certified financial report shaJI be in such detail as to disclose the revenues,
expenses, and disbursements relating to the services provided under this
AGREEMENT. Notes to the financial statements shall disclose noncompliance
with requirements of this AGREEMENT concerning conflict of interests.
3.12.2 The CONTRACTOR shall also record and maintain statistical data
concerning the number and types of cases being handled, terminated and
completed, number of visits, hours of community service preformed by
probationers, and such additional information as may be required by the
Administrative County Judge, the Court Administrator, or the County. A
quarterly report shall be submitted to the Court Administrator and to the
Administrative County Judge.
3.12.3 The CONTRA.CTOR shall provide to the Court Administrator and the
County a copy of the CONTRACTOR'S fiscal budget each year within thirty
(30) days of the beginning of its fiscal year.
3.12.4 The CONTRACTOR shall retain all records pertaining to this
AGREEMENT for a period of five (5) years after the termination of this
AGREEMENT.
3.12.5 The County, the COURT, the State Auditor General, and agents thereof
shall have access to CONTRACTOR'S books, records, and documents required
by this AGREEMENT for the purposes of inspection or audit during normal
business hours, at the CONTRACTOR'S place(s) of business.
3.13 Public Records and Open Meeting Laws
The CONTRACTOR acknowledges the requirement, in so far as it may be
deemed to be acting on behalf of either the COUNTY or the Court, to comply,
when applicable, with Florida public records and open meeting laws.
3.14 Confer with Others
Pr ?7flr
.----,-,--"''--,"~~~--.--___,_____...~___,._,_~_.~.~~n~'..,.~___,_____,___...._..'_~-^,_,....,".~,~._
The CONTRACTOR shall confer with Court staff, the Judges, the State
Attorney and Assistant State Attorneys on cases as appropriate.
4. PA YMENTS TO THE CONTRACTOR
4.1 The CONTRACTOR is entitled to collect from each probationer costs of
supervision as may be ordered by the sentencing Court and as authorized by Florida
Statute. This amount is established by the COURT, as of the date of this
AGREEMENT, at $50 per month per probationer. The COURT shall review this
amount at least annually and may order an increase for new cases.
4.2 The COUNTY, the Chief Administrative Judge, the Court Administrator, or the
COURT, individually and collectively, do not assume any liability to the
CONTRACTOR for its costs of supervision or any uncollected fees. The
CONTRACTOR shall look solely to the probationers for such payments.
4.3 The CONTRACTOR shall accept payments for restitution, fines, and court costs
in such forms as are acceptable to the CONTRACTOR. Partial payments shall be
accepted and appropriate records maintained. Written receipts shall be issued to the
probationers for all payments received by the CONTRACTOR. CONTRACTOR
shall make all restitution payments to the victim promptly following receipt.
CONTRACTOR shall make all payments of fines and Court costs to the Clerk of
Court within five (5) working days following receipt. In any case in which the victim
cannot be located or in which less than the full amount of the fine and costs are
collected, the CONTRACTOR shall request that the sentencing Court instruct the
CONTRACTOR as to proper disposition.
4.4 The sentencing Court may, in its discretion, order that cost of supervision fees be
waived in cases involving indigent probationers and the CONTRACTOR agrees to
accept such cases without the supervision fee.
4.5 A written document detailing procedures for handling collection of probationers'
fees and restitution will be provided by the CONTRACTOR to the Administrative
County Judge no later than five (5) days following the approval by the Board of
County Conunissioners of this AGREEMENT.
4.6 The COUNTY and the COURT make no representations as to the number, ifany,
of cases that may be assigned to the CONTRACTOR.
5. TERM OF AGREEMENT
The term of this AGREEMENT is for Three (3) years, commencing on the 1st day of
August, 2007, and ending on the 31st day of July, 2010. COUNTY, with the consent
of the Administrative Judge, has the option of renewing this AGREEMENT for four
(4) additional one-year terms. COUNTY shan provide CONTRACTOR at least thirty
(30) days notice of its intent to renew.
~~ /tJ~/f
~~~~""~~~_'P""_~O.,___.,q~"_~_,~"",,c,'c,~~~~'~~
6. CONTRACTOR'S ACCEPTANCE OF CONDITIONS
6. I The CONTRACTOR hereby agrees that he has carefully examined the
courthouse facilities for each area of the Keys for which he shall provide services and
has made investigations to fully satisfy himself that such site(s) is (are) correct and
suitable for this work and he assumes full responsibility therefor. The provisions of
the AGREEMENT shall control any inconsistent provisions contained in the
specifications. All specifications have been read and carefully considered by the
CONTRACTOR, who understands the same and agrees to their sufficiency for the
work to be done. Under no circumstances, conditions, or situations shall this
AGREEMENT be more strongly construed against the COUNTY than against the
CONTRACTOR.
6.2 Any ambiguity or uncertainty in the specifications shall be interpreted and
construed by the COUNTY, and his decision shall be final and binding upon all
parties.
6.3 The CONTRACTOR agrees that the Court Administrator may designate
representatives to visit the CONTRACTOR'S probation faciIity(ies) periodically to
conduct random open file evaluations during the CONTRACTOR'S normal business
hours.
6.4 The CONTRACTOR has, and shall maintain throughout the term of this
AGREEMENT, appropriate licenses and approvals required to conduct its business,
and that it will at all times conduct its business activities in a reputable manner. Proof
of such licenses and approvals shall be submitted to the County upon request.
7. HOLD HARMLESS AND INSURANCE
The CONTRACTOR covenants and agrees to indemnify and hold harmless Monroe
County, the Board of County Commissioners and the Court of the 16th Judicial
District of Monroe County from any and all claims for bodily injury (including
death), personal ~ury, 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
CONTRACTOR or any of its Subcontractor(s), occasioned by the negligence. errors,
or other wrongful act of omission of the CONTRACTOR or its Subcontractors, 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.
Prior to execution of this agreement, the CONTRACTOR shall furnish the COUNTY
Certificates of Insurance indicating the minimum coverage limitations as indicated by
an "X" on the attached forms, each attached hereto and incorporated as part of this
~J/iflf
~""_-='~.~.n'.~...___,__._ __.~.~~~~nT~___-----._--.-..,...,.,...~,~.~
AGREEMENT document, and all other requirements found to be in the best interest
of Monroe County as may be imposed by the Monroe County Risk Management
Department
8. INDEPENDENT CONTRACTOR
At aU times and for all purposes under this agreement the CONTRACTOR is an
independent CONTRACTOR and not an employee of Monroe County. No statement
contained in this agreement shall be construed so as to fmd the CONTRACTOR or
any of his employees, CONTRACTORS, servants, or agents to be employees of
Monroe County.
9. NONDISCRIMINA TION
COUNTY and CONTRACTOR agree that there will be no discrimination against any
person, and it is expressly understood that upon a determination by a court of
competent jurisdiction that discrimination has occurred, this Agreement automatically
terminates without any further action on the part of any party, effective the date of the
court order. COUNTY or CONTRACTOR agree to comply with all Federal and
Florida statutes, and all local ordinances, as applicable, relating to nondiscrimination.
These include but are not limited to: Title VII of the Civil Rights Act of 1964 (PL 88-
352) which prohibits discrimination on the basis of race, color or national origin; Title
IX of the Education Amendment of 1972, as amended (20 USC ss. 1681-1683. and
1685-1686), which prohibits discrimination on the basis of sex; Section 504 of the
Rehabilitation Act of 1973, as amended (20 USC s. 794), which prohibits
discrimination on the basis of handicaps; The Age Discrimination Act of 1975, as
amended (42 USC ss. 6101-6107) which prohibits discrimination on the basis of age;
The Drug Abuse Office and Treatment Act of 1972 (PL 92-255). as amended, relating
to nondiscrimination on the basis of drug abuse; The Comprehensive Alcohol Abuse
and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (PL 91 w6l6),
as amended, relating to nondiscrimination on the basis of alcohol abuse or
alcoholism; The Public Health Service Act of 1912, ss. 523 and 527 (42 use ss.
690ddw3 and 290ee-3), as amended, relating to confidentiality of alcohol and drug
abuse patent records; Title VIII of the Civil Rights Act of 1968 (42 USC s. et seq.), as
amended, relating to nondiscrimination in the sale, rental or financing of housing; The
Americans with Disabilities Act of 1990 (42 USC s. 1201 Note), as may be amended
from time to time, relating to nondiscrimination on the basis of disability; Any other
nondiscrimination provisions in any Federal or state statutes which may apply to the
parties to, or the subject matter of, this Agreement.
10. ASSIGNMENT/SUBAGREEMENT
The CONTRACTOR shall not assign or subcontract its obligations under this
agreement, except in writing and with the prior written approval of County, which
approval shall be subject to such conditions and provisions as COUNTY may deem
ozIP4.~ /Z '7f I f
necessary. This paragraph shall be incorporated by reference into any assigrunent or
subcontract and any assignee or subcontractor shall comply with all of the provisions
of this agreement. Unless expressly provided for therein, such approval shall in no
manner or event be deemed to impose any additional obligation upon the board.
11. COMPLIANCE WITH LAW
In providing all services pursuant to this agreement, the CONTRACTOR shall abide
by aU statutes, ordinances, rules and regulations pertaining to, or regulating the
provisions of, such services, including those now in effect and hereinafter adopted.
Any violation of said statutes, ordinances, rules and regulations shall constitute a
material breach of this agreement and shall entitle the Board to terminate this
AGREEMENT immediately upon delivery of written notice of termination to the
CONTRACTOR. The CONTRACTOR shall possess proper licenses to perform
work in accordance with these specifications throughout the term of this
AGREEMENT.
12. DISCLOSURE AND CONFLICT OF INTEREST
The CONTRACTOR represents that it, its directors, principles and employees,
presently have no interest and shall acquire no interest, either direct or indirect, which
would conflict in any manner with the performance of services required by this
AGREEMENT, as provided in Sect. 112.311, et. seq., Florida Statutes. Upon
execution of this AGREEMENT, and thereafter as changes may require, the
CONTRACTOR shall notify the and the Court Administrator of any financial
interest it may have in any and all programs utilized by those people placed on
probation in Monroe County which the CONTRACTOR sponsors, endorses,
recommends, supervises, or requires for counseling, assistance, evaluation, or
treatment. This provision shall apply whether or not such program is required by
statute, as a condition of probation, or is provided on a voluntary basis.
13. ARREARS
The CONTRACTOR shall not pledge the County's credit or make it a guarantor of
payment or surety for any AGREEMENT, debt, obligation, judgment, lien, or any
form of indebtedness. The CONTRACTOR further warrants and represents that it
has no obligation or indebtedness that would impair its ability to fulfill the terms of
this AGREEMENT.
14. NOTICEREOUIREMENT
Any notice required or permitted under this agreement shall be in writing and hand
delivered or mailed. postage prepaid, to the other party by certified mail, returned
receipt requested, to the following:
;;pa1' 13 'i II
d..."N~""~~"'d'_'_'______,_____...,....__....,_.~"..._.._-"'''''''~-~_~C."._.___~_;.~L_.
FOR COUNTY
Monroe COURT Administrator
500 Whitehead Street
Key West, FL 33040
1026
and
County Attorney
PO Box 1026
Key West, Fl. 33041-
FOR CONTRACTOR:
Court Options, Inc.
Attn: Eddy Lacasa
17984 Franjo Rd.
Palmetto bay, FI. 33156
Telephone No.(305) 378-8122
15. TAXES
The County's exempt from payment of Florida State Sales and Use taxes. The
CONTRACTOR shall not be exempted by virtue of the County's exemption from
paying sales tax to its suppliers for materials used to fulfill its obligations under this
AGREEMENT, nor is the CONTRACTOR authorized to use the County's Tax
Exemption Number in securing such materials. The CONTRACTOR shall be
responsible for any and all taxes, or payments of withholding, related to services
rendered under this agreement.
16. TERMINATION
16.1 The COUNTY may terminate this AGREEMENT for cause in the event that
CONTRACTOR materially breaches any of the terms and provisions of this
Agreement and such breach continues for a period of ten (10) days after mitten
notice thereof from COUNTY to CONTRACTOR, or in the case of a breach which
cannot with due diligence be cured within such period of ten (10) days where
CONTRACTOR fails to proceed with all due diligence within such period often (10)
days to commence to cure the same and thereafter to pursue the curing of such breach
with all due diligence, cause shall constitute a breach of the obligations of the
CONTRACTOR to perform the services enumerated as the CONTRACTOR'S
obligations under this AGREEMENT.
16.2 Either of the parties hereto may terminate this AGREEMENT without cause by
giving the other party one hundred and eighty (180) days written notice of its
intention to do so.
17. GOVERNING LAW. VENUE. INTERPRETATION. COSTS. AND FEES
This Agreement shall be governed by and construed in accordance with the laws of the
State of Florida applicable to Agreements made and to be performed entirely in the State.
In the event that any cause of action or administrative proceeding is instituted for the
enforcement or interpretation of this Agreement, the COUNTY and CONTRACTOR
tfl4" J9 ~ JY
agree that venue will lie in the appropriate court or before the appropriate administrative
body in Monroe County, Florida.
18. MEDIATION
The COUNTY and CONTRACTOR agree that, in the event of conflicting interpretations
of the terms or a term of this Agreement by or between any of them the issue shall be
submitted to mediation prior to the institution of any other administrative or legal
proceeding. Mediation proceedings initiated and conducted pursuant to this Agreement
shall be in accordance with the Florida Rules of Civil Procedure and usual and customary
procedures required by the Circuit Court of Monroe County. Mediation prior to
institution of litigation of administrative proceeding shall not exclude a court ordered
mediation following institution of litigation if ordered by a judge or magistrate.
19. SEVERABILITY
If any term, covenant, condition or provision of this Agreement (or the application
thereof to any circumstance or person) shall be declared invalid or unenforceable to any
extent by a court of competent jurisdiction, the remaining terms, covenants, conditions
and provisions of this Agreement, shall not be affected thereby; and each remaining term,
covenant, condition and provision of this Agreement shall be valid and shall be
enforceable to the fullest extent permitted by law unless the enforcement of the remaining
terms, covenants, conditions and provisions of this Agreement would prevent the
accomplishment of the original intent of this Agreement. The COUNTY and
CONTRACTOR agree to reform the Agreement to replace any stricken provision with a
valid provision that comes as close as possible to the intent of the stricken provision.
20. ATTORNEY'S FEES AND COSTS
COUNTY and CONTRACTOR agree that in the event any cause of action or
administrative proceeding is initiated or defended by any party relative to the
enforcement or interpretation of this Agreement, the prevailing party shall be entitled to
reasonable attorney's fees. Each party agrees to pay its own court costs, investigative, and
out-of-pocket expenses whether it is the prevailing party or not, through all levels of the
c court system.
22. ADJUDICATION OF DISPUTES OR DISAGREEMENTS
COUNTY and CONTRACTOR agree that all disputes and disagreements shall be
attempted to be resolved by meet and confer sessions between representatives of each of
COUNTY and CONTRACTOR Ifno resolution can be agreed upon within 30 days
after the fIrst meet and confer session, the issue or issues shall be discussed at a public
meeting of the Board of County Commissioners. If the issue or issues are still not
resolved to the satisfaction of COUNTY and CONTRACTOR, then any party shall have
the right to seek such relief or remedy as may be provided by this Agreement or by
Florida law.
;J4~ 15 'tIP
23. COOPERATION
In the event any administrative or legal proceeding is instituted against either party
relating to the formation, execution, performance, or breach of this Agreement,
COUNTY and CONTRACTOR agree to participate, to the extent required by the other
party, in aU proceedings, hearings, processes, meetings, and other activities related to the
substance of this Agreement or provision of the services under this Agreement.
COUNTY and CONTRACTOR specifically agree that no party to this Agreement shall
be required to enter into any arbitration proceedings related to this Agreement.
24. BINDING EFFECT
The terms, covenants, conditions, and provisions of this Agreement shall bind and inure
to the benefit of COUNTY and CONTRACTOR and their respective legal
representatives, successors, and assigns.
25. AUTHORITY
Each party represents and warrants to the other that the execution, delivery and
performance of this Agreement have been duly authorized by all necessary COUNTY
and corporate action, as required by law.
26. CLAIMS FOR FEDERAL OR STATE AID
CONTRACTOR and COUNTY agree that each shall be, and is, empowered to apply for,
seek, and obtain federal and state funds to further the purpose of this Agreement;
provided that all applications, requests, grant proposals, and funding solicitations shall be
approved by each party prior to submission.
27. PRIVILEGES AND IMMUNITIES
All of the privileges and immunities from liability, exemptions from laws, ordinances,
and rules and pensions and relief, disability, workers' compensation, and other benefits
which apply to the activity of officers, agents, or employees of any public agents or
employees of the COUNTY, when performing their respective functions under this
Agreement within the territorial limits of the COUNTY shall apply to the same degree
and extent to the performance of such functions and duties of such officers, agents,
volunteers, or employees outside the territorial limits of the County.
28. NON-RELIANCE BY NON-PARTIES
No person or entity shall be entitled to rely upon the terms, or any of them, of this
Agreement to enforce or attempt to enforce any third-party claim or entitlement to or
benefit of any service or program contemplated hereunder, and the COUNTY and the
CONTRACTOR agree that neither the COUNTY nor the CONTRACTOR or any agent,
/4~/t ~/r
..
officer, or employee of either shall have the authority to inform, counsel, or otherwise
indicate that any particular individual or group of individuals, entity or entities, have
entitlements or benefits under this Agreement separate and apart, inferior to, or superior
to the community in general or for the purposes contemplated in this Agreement.
29. ATTESTATIONS
CONTRACTOR agrees to execute such documents as the COUNTY may reasonably
require, to include a Public Entity Crime Statement, an Ethics Statement, a Drug-Free
Workplace Statement, Non-Collusion Affidavit, Lobbying and Conflict of Interest
Clause, and an Indenmification Statement.
30. NO PERSONAL LIABILITY
No covenant or agreement contained herein shall be deemed to be a covenant or
agreement of any member, officer, agent or employee of Monroe County in his or her
individual capacity, and no member, officer, agent or employee of Monroe County shall
be liable personally on this Agreement or be subject to any personal liability or
accountability by reason of the execution of this Agreement.
31. EXECUTION IN COUNTERPARTS
This Agreement may be executed in any number of counterparts, each of which shan be
regarded as an original, all of which taken together shall constitute one and the same
instrument and any of COUNTY and CONTRACTOR hereto may execute this
Agreement by singing any such counterpart.
32. SECTION HEADINGS
Section headings have been inserted in this Agreement as a matter of convenience of
reference only, and it is agreed that such section headings are not a part of this
Agreement and will not be used in the interpretation of any provision of this Agreement.
IN"WJTNESS WHEREOF the parties hereto have executed this Agreement ~th€t4ay ~
,(?t~~~~iJ!!#"fu:st written above in four (4) counterparts, ea~~ of which shall, with~t ~of ~
i" ,:::~~or the other counterpart', be deemed an ongmel AGREEMENT, ~.e ~~ ~
'~~~i12: dL ~~s~~~~~y :.~:. ~
':'<.'<Aftest:. DANNY L. KOLHAGE, CLERK OF MONROE COUNTt i..
'~:a~ ::~L,q~ ~
Deputy Clerk Mayor/Chairman
MONROE COUNTY ATTORNEY
APPROVED AS TO FO~: A
.;y....&L.ee-., ~~
NATILEENE W. CASSEL
ASSISTANT COUNTY ATTORNEY
Date 7-/,. -07
"'q
~ - -!
r.')
.---- ~
i
, J
, .\
J
, .I
-,
,J
.p!JI/J~ /p
Attest:_,~
By: C
WITNESS
---'--'.-""~',-~_....- .~---.-.~?,_.~'~~".._---,--,--,-.-....,~..~,,~
CONTRACTOR:
fOURTCTIr . ~
~~ .
By: Eduardo R. Lacasa
Its: President
~8"/~~J~
BOARD OF COUNTY COMl\flSSIONERS
AGENDAITEMS~Y
Meeting Date: May 19. 2010
Bulk Item: Yes ~ No
Division: Court Administration
Department: Holly ElominalNatileene Cassel
Staff Contact PersonJPhone: Natileene Cassel
292-3470
AGENDA ITEM WORDING: Approval to exercise option with Court Options, Inc. for one
additional two-year term beginning August 1, 2010 and ending July 31, 2012. Court Options
is the current provider of misdemeanor probations services countywide.
ITEM BACKGROUND: After competitive bid Court Options, Inc. was awarded a contract
with the County to provide misdemeanor probations services to the County. The contract allows
Court Options, Inc. to be paid entirely by probationers at no cost to the County. The initial
contract called for a term of three (3) years commencing August 1, 2007 and ending July 31,
2010 with the option to renew for four one-year terms. The company serves the County in three
separate venues, and three courts, it has rental spaces in all three areas and employees in all three
areas. It makes sense to allow the company to have the security of a contract for 2 years rather
than one year. This does not extend the contract beyond a time contemplated in the original
agreement.
PREVIOUS RELEVANT BOCC ACTION: Approval of Agreement dated July 18,2007.
CONTRACT/AGREEMENT CHANGES: Extend the contract for a period of one additional
two year term.
STAFF RECOMMENDATIONS: Approval
TOTAL COST: -0- INDIRECT COST:
-0-
BUDGETED: Yes _No
DIFFERENTIAL OF LOCAL PREFERENCE: ~
COST TO COUNTY:
-0-
SOURCE OF FUNDS: N/A
REVENUE PRODUCING: Yes_ No_ AMOUNTPERMONTH
~ilY ~/
County Atty tz O~chasing_
Year
APPROVED BY:
Risk Management Ut6-
DOCUMENTATION: Included x
Not Required_
DISPOSITION:
AGENDA ITEM #
Revised 7/09
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
CONTRACT SUMMARY
Contract with: Court Options, Inc
For misdemeanor probation services
Effective Date: July 18, 2007
Expiration Date: July 31, 2010 with options to
renew for 4 years
Contract Purpose/Description: exercise an option to renew contract for one (1) two year
term.
Contract Manager: Natileene Cassel
(Name)
for BOCC meetina on 2/17/10 .
3470
(Ext.)
County Attorney
(Department)
Agenda Deadline: 2/02/10
CONTRACT COSTS
Total Dollar Value of Contract: $ -0- Current Year Portion: -0-
(approx.)
Budgeted? Yes X No
Grant:
County Match: $0
Account Codes:
-xxxxxx
ADDITIONAL COSTS
CONTRACT REVIEW
Changes Date Out
Oafie fn Needed 5/1 ~ ,",
Division Director ~ 10/'0 YesD No lV
Risk Management S ...t(lO YesD Ncii 5-&:y(O
R1..... p:::' f/'. (tD
O.M.B.jPurchasing 6---/(1-10 YesD N% . ~
CountyAttorn7y 5/~ YesD No~ 'M,bL.-1/-RJ 1I)t?~. ~~/O
comments~<M~CarJ [)--e<$!~ c~-f:v ~
.~Qw ~~j.
OMB Form Revised 9/11/95 Mep #2
Revised 2/95
From:
05/04/2010 14:18
#027 P.002/005
AGREEMENT TO EXERCISE OPTION TO EXTEND
AGREEMENT FOR PROBATION SERVICES
BETWEEN MONROE COUNTY AND
COURT OPTIONS, INC.
THIS AGREEMENT To Exercise Option To Extend Agreement For Probation
Services Between Monroe County And Court Options. Inc., is made and entered into this
~y of ~ ,2010, by and between MONROE COUNTY, FLORIDA,
(liereinafter ~es called the "COUNT~'), and COURT OPTIONS, INC., a Florida
corporation, (hereinafter called the "COURT OPTIONS").
WHEREAS, COUNTY and COURT OPTIONS entered into an AGREEMENT
FOR PROBATION SERVICES BETWEEN MONROE COUNTY AND COURT
OPTIONS, INe. (AGREEMENT) dated July 18th, 2007; and
WHEREAS, the AGREEMENT allows COUNTY and COURT OPTIONS,
INC. to renew the agreement for an additional two year term; and
WHEREAS, COUNTY has been well served by COURT OPTIONS, atld it is in
the public interest to continue to have COURT OPTIONS continue to provide probation
services; and
WHEREAS, the Judiciary is in agreement with the change; and
NOW THEREFORE, in consideration of the mutual covenants herein set forth
and other good and valuable consideration, the receipt and sufficiency of which is hereby
acknowledged,
1. COUNTY and COURT OPTIONS hereby agree to extend their agreement
for one (1) additional two (2) year term. The new term shall begin on August 1,2010 and
end on July 31,2012.
(REMAJNDER OF THIS PAGE LEFT INTENTIONALLY BLANK)
Page 1 of2
From:
05/04/2010 14:19
#027 P.003/005
2. In all other respects, the original AGREEMENT remains in full force and effect.
IN WITNESS \VHEREOF COUNTY and COURT OPTIONS hereto have executed this
FIRST AMENDMENT TO THE AGREEMENT FOR PROBATION SERVICES
BETWEEN MONROE COUNTY AND COURT OPTIONS, INC., on the day and date
first written above in four (4) counterparts, each of which shall, without proof or
accounting for the other counterparts, be deemed an original contract amendment.
Attest:
Danny L. Kolhage, Clerk
By:
Board of County Commissioners
Of Monroe County
Deputy Clerk
By:
Mayor Sylvia Murphy
Date:
Date:
Witnesses for COURT OPTIONS:
1. 9J~ 6h--
Signature
Print Name: ~tJ~tE: 12(J".., Il ad,94--
Date: /4111)
2~
Signature
Print Name: ~~4/Jf LtJJ' Ad'
Date: ..S"'pltl>
For~
Signature of Authorized Corporate Agent
fevtSE,) fI/I:LtJ (vatl-
Print Name
Date: ;S~/I~ ~
Address: '.2 f) e t(. ~
~ntt~'; FL. 331'-1
Telephone Number: ..;br 3JJ3 -Z#.2..
Notary Stamp:
STATE OF FLORIDA
COUNTYOF~/~AV-DRbE
Sworn to (or affirmed) and subscribed before me this If t1-day of #11 Y , 20~ by
Riu!N5N VAl.. Dtll/II , on behalf of COURT OPTIONS, who is Q.ersonally
!nown to me or produced the following identification
r~~
Signature ofN
Page of2
};O'ml('r' rTj;~.:.-..':n1'E I)YFLORWA
........".,."\. Judith LlIaX]!'}' !1nl'.e
\ ~ ;Co~ss1on;# HDl:l9849Y
"t""".,'- Explres: JULY 23, 2(H3
DONDSO THllU A'JL..\..'mC BOl'1DING CO.,I!\C.
#
AGREEMENT FOR PROBATION SERVICES
BETWEEN MONROE COUNTY AND
COURT OPTIONS, INC.
THIS AGREEMENT, made and entered into this /[tlLday of 11. L_, 2007,
A.D., by and between MONROE COUNTY, FLORIDA, (hereinafter~s called
the "COUNTY"), and COURT OPTIONS, INC., a Florida corporation, (hereinafter
called the "CONTRACTOR").
WHEREAS, certain misdemeanor defendants are placed on probation by the
County Court (COURT) of the Sixteenth Judicial Circuit, Monroe County; and
WHEREAS, Section 948.15(2), Plorida Statutes, allows for a private entity under
AGREEMENT with the COUNTY to provide probation services; and
WHEREAS, the COURT utilizes private entities to provide certain misdemeanor
probation and criminal justice services for the efficient administration of justice in
Monroe County; and
WHEREAS, the COURT desires to continue to utilize the probation and criminal
justice services of a private agency under an agreement which establishes minimum
standards for service and financial accountability; and
NOW THEREFORE, in consideration of the mutual covenants and provisions
contained herein, the parties agree as follows: That the parties hereto, for the
consideration hereinafter set forth, mutually agree as follow:
1. THE AGREEMENT
The AGREEMENT between the COUNTY shall be the entire Agreement
between the parties.
2. TERM OF AGREEMENT
The term of this AGREE1V1ENT is for Three (3) years, commencing on the 15t
day of AuguSt, 2007, and ending on the 31, day of July, 2010. County, with the
consent of the Chief Judge of the Court, has the option of renewing this
AGREEMENT for four succeeding periods of (l) one. year each. COUNTY shall
provide CONTRACTOR at least thirty (30) days notice of its intent to renew.
3. SCOPE OF THE WORK
The CONTRACTOR shall provide misdemeanor probation services for the 16th
Judicial Circuit, and shall include supervision, rehabilitation, and probation. The
CONTRACTOR may also provide pre-trial diversion services at no additional
cost to the COUNTY and charged exclusively to the participants in the program.
The CONTRACTOR warrants that it is authorized by law to engage in the
performance of the activities herein described, subject to the terms and conditions
;f?4.y / 15 / f'
..,.
set forth in these AGREEMENT documents. The provider shall at all times
exercise independent, professional judgment and shall assume professional
responsibility for the services to be provided. CONTRACTOR shall provide
services to the degree permitted by law and ordered by the Court and using the
following standards, as a minimum requirement:
3.1 Monitor Special Conditions
CONTRACTOR shall monitor compliance with conditions placed on referred
cases as directed by the Court. The CONTRACTOR shaH monitor, collect, follow
up and enforce special conditions of probation, including, but not limited to:
(i) Restitution
(ii) Fines and Court costs
(iii) Evaluation and treatment programs
(iv) Community services
(v) Cost of supervision fees
(vi) Procurement of licenses
(vii) Pre- Trial Services
The CONTRACTOR shall place priority on payment of restitution. Waivers by
the sentencing Court of any special condition of probation shall be noted in the
case file.
3.2 Staffing
3.2.1 The CONTRACTOR shall maintain adequate staffing levels to:
(i) attend Court when specifically requested by the Court,
(ii) provide proper liaison with the sentencing Court,
(iii)perform the initial intake of persons placed on misdemeanor probation
with the CONTRACTOR,
(iv) properly supervise persons placed on misdemeanor probation with the
CONTRACTOR,
(v) appear at all Court hearings involving a probationer supervised by the
CONTRACTOR,
(vi) supervise all probationers of the COURT,
(vii) maintain records and reporting requirements set by law and by this
Agreement, and
(viii)provide oversight of any offender placed on pre-trial diversion.
(ix) collect, record, report, and distribute all payments as required under this
Agreement
3.2.2 CONTRACTOR shall staff each area with personnel who are fluent in
English and trained in courtroom decorum, who have experience in providing
testimony in court, who are available to testify, who have knowledge of the
pro bationer and file about which they are called to testify.
pa~..7'd If
,
3.2.3 Each area shall be staffed at all times during regular hours and flexible
hours with personnel who are fluent in Spanish and fluent in English to ensure
that probationers will be supervised in the language understandable to the
probationer. It is not a requirement that staff members be bilingual, it is
acceptable to have an English speaker and a Spanish speaker available. The
CONTRACTOR shall have, either on staff or on an on-call basis, interpreters
fluent in other foreign languages to assist the probationer(s) in understanding and
meeting the terms of their probation.
3.2.4 The CONTRACTOR shall have, either on staff or on-call, interpreters to
assist the probationer(s) in understanding and meeting the terms of probation
pursuant to provisions of the Americans with Disabilities Act.
3.2.5 Staff shall provide Face-to-Face contact, at a minimum, at the outset of
supervision and prior to fmal report to the Court regarding compliance with the
order of probation. Additional Face to Face contacts shall be conducted as may be
deemed necessary or beneficial to the successful completion of probation or as
required by the Court. All Face to Face contacts and any non-Face to Face
contacts shall be recorded in the probations file.
3.2.6 The CONTRACTOR shall employ professional probation personnel that
meet or exceed current standards required by the American Correctional
Association. In exigent circumstances, individual exceptions will be permitted
based solely on approval of the individual by the majority vote of all the sitting
COUNTY COURT judges and solely within the judges' discretion. The vote shall
be based on experience and knowledge of the individual and on information given
to the judges by CONTRACTOR prior to the vote.
3.2.7 The CONTRACTOR shall clear all employees prior to hiring through a
criminal background records check, as required by State statute. A record of the
background check shall be kept in the personnel file of each employ.
3.3 Programs & Services
3.3.1 The needs of each probationer referred to the CONTRACTOR by the
sentencing Court shall be evaluated by the CONTRACTOR. The
CONTRACTOR shall determine if said probationer requires other services in
addition to those ordered by the sentencing Court and shall use its best efforts
to direct the probationer to an appropriate program. Contractor will make
recommendations to the Court and get Court approval for additional services.
Records of referrals to such programs and progress reports shall be included in
the case file.
3.3.2 The CONTRACTOR shall cooperate with all treatment agencies, schools
and other programs to which offenders are referred. In any case where a
treatment provider, school or other program does not appear to be providing its
;IJ4~ S'*f I~
proper function, the CONTRACTOR shall immediately notify the sentencing
Court.
3.3.3 The CONTRACTOR shall provide to the Administrative County Judge and
the COUNTY an annual report, and other statistical reports as are required by the
Court or law.
3.3.4 Any new programs proposed by the CONTRACTOR to be utilized by
people placed on probation in Monroe County shall be disclosed to the COURT
prior to implementation and shall be subject to review and approval of the
COURT.
3.3.5 The CONTRACTOR shall provide electronic monitoring services as
ordered by the Court, with the expenses to be borne by the probationer. The
description of the electronic monitoring services, the responsibilities of the
CONTRACTOR and the COURT, as well as the notification for alerts are
described in Exhibit A.
3.3.6 The CONTRACTOR shall provide program services to Probationers when
ordered by the Court. The pricing and description of the Programs offered are
attached as Exhibit B.
3.3.7 The CONTRACTOR shall provide random drug testing as ordered by the
Court, with the expense born by the probationer.
3.3.8 The CONTRACTOR shall comply with all laws regarding confidentiality
of Probationers records.
3.4 Probationer Records. Reporting. Filing, and Court Appearances
3.4.1 The CONTRACTOR shall maintain a separate file containing information
on each probationer referred to the program. Records shall be maintained by the
CONTRACTOR for a period of five (5) years from expiration of the probationary
term. The information in the file shall include the name of the probationer, case
number, charge(s), probation disposition, automated house arrest records,
correspondence, payment records, and any known prior criminal record. Should
this Agreement be terminated for any reason, a complete copy of the
probationer's file shaH be turned over to the COUNTY or it's designee within ten
(10) days of termination.
3.4.2 The CONTRACTOR shall provide weekly reports to the Court of
collections made and remittances to Court. All collected fine and cost payments
shall be remitted on a weekly basis to the Clerk of Court.
3.4.3 The CONTRACTOR shall report to the Court any and all violations of
court ordered conditions for any probationer who is materially in violation of such
~a4Ji!. -Y Atf If
conditions. The CONTRACTOR shall make recommendations for revocation of
probation when the probationer has been arrested or a warrant issued for the
probationer's arrest and when multiple probation violations have occurred.
3.4.4 The CONTRACTOR shall file petitions, warrants, orders or other pertinent
documentation as ordered by the COURT related to the probationer or related to
hearings before the Court.
3.4.5 The CONTRACTOR shall staff each area with personnel who are fluent in
English and trained in courtroom decorum, who have experience in providing
testimony in court, who are available to testify, who have knowledge of the
probationer and file about which they are called to testify. The staff member
providing testimony in court shall provide both testimony and supporting
documentation as may be required by the Court, and, shall, upon disposition of
the case by the Court, assure that all required documents are timely filed and take
action as ordered by the Court.
3.4.6 The CONTRACTOR shall submit a weekly statement to the Court or its
representative for the amount of Court fines, costs and restitution ordered by the
Court and collected by the CONTRACTOR from the Probationers. This report
shall provide to the Court collection data by area of the Florida Keys.
3.4.7 The CONTRACTOR shall tender all fines, costs and restitution ordered by
the Court and collected by the CONTRACTOR Payments shall be applied first to
Restitution.
3.4.8 The CONTRACTOR shall maintain fine, restitution andlor court costs
collected from the Probationers in an escrow account without the benefit or profit
from said accounts.
3.5 Offices and Office Hours
3.5.1 The CONTRACTOR shall maintain at least one office in each area of the
Keys (Key West and the Lower Keys, Middle Keys, and Upper Keys). The hours
of operation of the CONTRACTOR shall be flexible to encourage employment of
the probationers. The CONTRACTOR shall notify the probationers of its hours
of operation.
3.5.2 Each area shall have flexible office hours, and shall be open regular hours
from 8:00 to 5:00 week days, shall alternate personnel so as to remain open
during the lunch hour, shaH provide additional office hours one day per week
from 5 :00 pm to 7:00 pm on week days and a minimum of four consecutive
hours on Saturdays as needed to ensure probationers are able to report and
maintain employment. On call hours may be acceptable after regular office hours
and on Saturdays so long as one regularly scheduled week day will be staffed
until 7:00 pm and as long as a minimum of two Saturdays per month are staffed
~~ .5 '?f If?
~"~--_'_-__"__."'c_,~_~~__~._.~.~~._.----,----.--_....,-.-........,.,..,....,...'_..~~.---..~_~:-~"
and/or the staff member on-call is able to respond to a scheduled probationers'
appointment on Saturday.
3.6 Job Assistance
The CONTRACTOR shall encourage unemployed probationers to improve the
probationer's employability through schools and training. The CONTRACTOR
shall provide service to all probationers in securing suitable employment and shall
provide to the Administrative County Judge or his designee a written document
detailing its job assistance procedures.
3.7 Supervision
3.7.1 Initial Intake and Counseling. The CONTRACTOR shall require an initial
face-to-face contact with all probationers for counseling and supervision upon
initiation of probation. The CONTRACTOR shall clearly explain all of the
terms of probation to the probationer in a manner that the probationer
understands. The CONTRACTOR shall conduct a substance abuse evaluation of
the probationer within fifteen (I 5) days of the initiation of the probation if
ordered by the Court. The CONTRACTOR shall verify the probationer's actual
home address by scheduling a site visit with the probationer and meeting at the
probationer's home within the first thirty (30) days of the probation. The
CONTRACTOR shall verify the probationer's employment within the first thirty
(3D) days of the probation, or within 30 days of obtaining employment, unless
specifically waived by the Court.
3.7.2 Supervision. The CONTRACTOR shall supervise the probationer and
make every effort to ensure the probationer's attendance at the reporting and
counseling sessions described in this paragraph. In addition to the initial intake
and counseling session noted above, most probationers will be required to report
to the CONTRACTOR'S office once per week during the first month of their
probationary term. Probationers will then be required to report once per month
for the remainder of their probationary term. The Court may alter the frequency
of visits in individual cases. Attendance by the probationer at Court-ordered
counseling sessions is also required.
3.7.3 Electronic Monitoring. The CONTRACTOR shall also be required to
provide electronic monitoring of certain probationers as directed by the Court.
Costs of electronic monitoring shaH be borne by the probationers and shall be in
addition to the payment of supervision fees referenced in this Agreement.
3.8 Court Orders
Proposed orders of probation violation, probation modification, and early
termination shaH be prepared by the CONTRACTOR and shall conform to a
format adopted by the COURT.
~~ 7llF
3.9 Community Service Work
The CONTRACTOR may refer probationers to approved non-profit service
organizations or County or municipal governments for completion of community
serVice hours. The CONTRACTOR will refer probationers fIrst to any ofthe
aforementioned entities which have a specific project which requires community
service workers. The CONTRACTOR is not permitted to utilize the service of
probationers to perform community service work to the benefit of the
CONTRACTOR. CONTRACTOR shall maintain as part of the probationer's
record all community service hours completed and/or not completed by the
probationer.
3.10 Violation of Probation
3.10.1 When a violation of any term of probation is alleged to have occurred,
the CONTRACTOR shall advise the sentencing Court of the alleged violation(s)
. by sworn affidavit within fifteen (15) days of the occurrence.
3.10.2 If the affidavit recommends revocation of probation, the affidavit must
include the reasons therefore and the circumstances under which revocation is
being recommended.
3.10.3 In the event that the CONTRACTOR recommends termination of
probation prior to the probationer having completed payment of restitution,
fines or Court costs, without notifying the sentencing Court that the
conditions have not been completed, tbe CONTRACTOR shall be
responsible for payment of any remaining restitution, fines or costs unless
waived for good cause by the sentencing Court.
3.10.4 In any case in which the sentencing Court's jurisdiction has been lost
prior to all conditions of probation being satisfied, the CONTRACTOR shall
transmit a copy of the case file to the judge in whose division the case has been
heard. The probation officer shall transmit with the case file a cover letter on
CONTRACTOR'S letterhead providing details of the efforts made by that
officer to seek compliance with the terms of probation.
3.11 Emolovees and Subcontractors
3.11.1 No later than the execution of this AGREEMENT, the CONTRACTOR
shall submit to the Court Administrator, or his designee, a list of the names of all
probation employees, including those of any subcontractors or independent
Contractors, if any, to be used by the CONTRACTOR in providing the services
ill1der this AGREEMENT. This list shall include the education levels and job
titles of the employees, subcontractors and independent Contractors. This list
shall be updated at least annually, upon the anniversary of the date of this
pat< 7'0/1
AGREEMENT. All personnel and employees of all subcontractors and
independent Contractors used by the CONTRACTOR shall be cleared prior to
using the individual through a criminal background records check, as required by
State statute and paragraph 3.11.6 of this agreement.
3.11.2 The CONTRACTOR shall provide at its own expense all necessary
personnel to provide the services under this AGREEMENT. The probation
personnel shall not be employees of or have any contractual relationship with the
County, the Court, or any law enforcement agency.
3.11.3 The CONTRACTOR shall maintain a minimum staffing level of at least
one (1) probation officer per two hundred (200) probationers to ensure effective
supervision of probationers. To the highest extent possible, the CONTRACTOR
shall assign each probationer to a specific probation officer who shall maintain
and be responsible for the case throughout the term of the probation.
3.11.4 All of the services required herein shall be performed by the
CONTRACTOR or under its supervision. To the extent that CONTRACTOR
uses subcontractors or independent Contractors, this AGREEMENT specifically
requires that the level of independence normally exercised by such
subcontractors and independent Contractors be curtailed and that they be
supervised by the CONTRACTOR.
3.11.5 All personnel engaged in performing services under this AGREEMENT
shall be fully qualified, and, if required, to be authorized or permitted under
State and local law to perform such services.
3.11.6 All probation officers and supervisors performing services under this
AGREEMENT shall possess a Bachelor's degree from an accredited college or
university or have an equivalent combination of education and relevant
experience. A background check, including FCIC check, verification of relevant
employment and claimed education shall be conducted for newly hired probation
officers and supervisors to determine if they are of good character and have no
felony or other conviction involving dishonesty or deceit. Pursuant to Sect.
948. 15(3)(b), Florida Statutes, qualifications and criminal record checks of staff
shall comply with standards established by the American Correctional
Association. The results of the background checks shall be kept on file and
available for examination by the COURT and the County.
3.11.7 Each officer, director, principle, and probationary service employee shall
provide an affidavit executed under oath, subject to the penalties for peljury
established under Chapter 837, Florida Statutes, that the information provided
for his application and/or background check is true and accurate, that there are
no material omissions therein, and that the intentional false execution of the
affidavit constitutes a misdemeanor of the second degree. These affidavits shall
P1J'! g' ~ / cr
~~'---~--.~'~~'~~O'~_'_"_____"'~"~~~,~.~~...~n~.,~,_,____~""c""-",.."...__'."-r.~~"_.,o,c...____.___
be maintained by the CONTRACTOR and made available to the Court
Administrator upon request.
3.12 CONTRACTOR'S Financial Records
3.12.1 The CONTRACTOR shall maintain financial records capable of being
audited of all fines, restitution. and supervision fees received. expended and
disbursed by the CONTRACTOR. An annual financial report audited and
certified by a licensed Certified Public Accountant shall be provided to the
County Clerk and to the Court Administrator or his designee within one hundred
twenty (120) days following the close of the CONTRACTOR'S fiscal year. The
certified financial report shall be in such detail as to disclose the revenues,
expenses, and disbursements relating to the services provided under this
AGREEMENT. Notes to the financial statements shall disclose noncompliance
with requirements of this AGREEMENT concerning conflict of interests.
3.12.2 The CONTRACTOR shall also record and maintain statistical data
concerning the number and types of cases being handled, terminated and
completed, number of visits, hours of community service preformed by
probationers, and such additional information as may be required by the
Administrative County Judge, the Court Administrator, or the County. A
quarterly report shaH be submitted to the Court Administrator and to the
Administrative County Judge.
3.12.3 The CONTRACTOR shall provide to the Court Administrator and the
COWlty a copy of the CONTRACTOR'S fiscal budget each year within thirty
(30) days of the beginning of its fiscal year.
3.12.4 The CONTRACTOR shall retain all records pertaining to this
AGREEMENT for a period offive (5) years after the termination of this
AGREEMENT.
3.12.5 The County, the COURT, the State Auditor General, and agents thereof
shall have access to CONTRACTOR'S books, records, and documents required
by this AGREEMENT for the purposes of inspection or audit during normal
business hours, at the CONTRACTOR'S place(s) of business.
3.13 Public Records and Open Meeting Laws
The CONTRACTOR acknowledges the requirement, in so far as it may be
deemed to be acting on behalf of either the COUNTY or the Court, to comply,
when applicable, with Florida public records and open meeting laws.
3.14 Confer with Others
Pr f7Jlf
The CONTRACTOR shall confer with Court staff, the Judges, the State
Attorney and Assistant State Attorneys on cases as appropriate.
4. PAYMENTSTOTHECONTRACTOR
4.1 The CONTRACTOR is entitled to collect from each probationer costs of
supervision as may be ordered by the sentencing Court and as authorized by Florida
Statute. This amount is established by the COURT, as of the date of this
AGREEMENT, at $50 per month per probationer. The COURT shall review this
amount at least annually and may order an increase for new cases.
4.2 The COUNTY, the Chief Administrative Judge, the Court Administrator, or the
COURT, individually and collectively, do not assume any liability to the
CONTRACTOR for its costs of supervision or any uncollected fees. The
CONTRACTOR shall look solely to the probationers for such payments.
4.3 The CONTRACTOR shall accept payments for restitution, fines, and court costs
in such forms as are acceptable to the CONTRACTOR. Partial payments shall be
accepted and appropriate records maintained. Written receipts shall be issued to the
probationers for all oayments received by the CONTRACTOR. CONTRACTOR
shall make all restitution payments to the victim promptly following receipt.
CONTRACTOR shall make all payments of fines and Court costs to the Clerk of
Court within five (5) working days following receipt. In any case in which the victim
cannot be located or in which less than the full amount of the fine and costs are
collected, the CONTRACTOR shaH request that the sentencing Court instruct the
CONTRACTOR as to proper disposition.
4.4 The sentencing Court may, in its discretion, order that cost of supervision fees be
waived in cases involving indigent probationers and the CONTRACTOR agrees to
accept such cases without the supervision fee.
4.5 A written document detailing procedures for handling collection of probationers ,
fees and restitution will be provided by the CONTRACTOR to the Administrative
County Judge no later than five (5) days following the approval by the Board of
County Commissioners of this AGREEMENT.
4.6 The COUNTY and the COURT make no representations as to the number, ifany,
of cases that may be assigned to the CONTRACTOR.
5. TERM OF AGREEMENT
The term of this AGREEMENT is for Three (3) years, commencing on the 1st day of
August, 2007, and ending on the 31st day of July, 2010. COUNTY, with the consent
of the Administrative Judge, has the option of renewing this AGREEMENT for four
(4) additional one-year terms. COUNTY shall provide CONTRACTOR at least thirty
(30) days notice of its intent to renew.
~fJ' /0 "j/ f
-~~'._~-'----'-'-'-~-~~~-'_""""'__'^"""'____.~~~'~~'n_~~__---;--___...,....,.,.,."~'T'
6. CONTRACTOR'S ACCEPTANCE OF CONDITIONS
6.1 The CONTRACTOR hereby agrees that he has carefully examined the
courthouse facilities for each area of the Keys for which he shall provide services and
has made investigations to fully satisfy hirnselfthat such site(s) is (are) correct and
suitable for this work and he assumes fuIf responsibility therefor. The provisions of
the AGREEMENT shall control any inconsistent provisions contained in the
specifications. All specifications have been read and carefully considered by the
CONTRACTOR, who understands the same and agrees to their sufficiency for the
work to be done. Under no circumstances, conditions, or situations shall this
AGREEMENT be more strongly construed against the COUNTY than against the
CONTRACTOR.
6.2 Any ambiguity or Wlcertainty in the specifications shall be interpreted and
construed by the COUNTY, and his decision shall be final and binding upon all
parties.
6.3 The CONTRACTOR agrees that the Court Administrator may designate
representatives to visit the CONTRACTOR'S probation facility(ies) periodically to
conduct random open file evaluations during the CONTRACTOR'S normal business
hours.
6.4 The CONTRACTOR has, and shall maintain throughout the term of this
AGREEMENT, appropriate licenses and approvals required to conduct its business.
and that it will at all times conduct its business activities in a reputable manner. Proof
of such licenses and approvals shall be submitted to the County upon request.
7. HOLD HARMLESS AND INSURANCE
\
,
The CONTRACTOR covenants and agrees to indemnify and hold harmless Monroe
County, the Board of County Commissioners and the Court of the 16th Judicial
District of Monroe County 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
CONTRACTOR or any of its Subcontractor(s), occasioned by the negligence, errors,
or other wrongful act of omission of the. CONTRACTOR or its Subcontractors, 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.
Prior to execution of this agreement. the CONTRACTOR shall furnish the COUNTY
Certificates of Insurance indicating the minimum coverage limitations as indicated by
an "X" on the attached forms. each attached hereto and incorporated as part of this
~I/~/~
AGREEMENT document, and all other requirements found to be in the best interest
of Monroe County as may be imposed by the Monroe County Risk Management
Department
8. INDEPENDENT CONTRACTOR
At all times and for all purposes under this agreement the CONTRACTOR is an
independent CONTRACTOR and not an employee of Monroe County. No statement
contained in this agreement shall be construed so as to find the CONTRACTOR or
any of his employees, CONTRACTORS, servants, or agents to be employees of
Monroe County.
9. NONDISCRIMINATION
COUNTY and CONTRACTOR agree that there will be no discrimination against any
person, and it is expressly understood that upon a determination by a court of
competent jurisdiction that discrimination has occurred, this Agreement automatically
terminates without any further action on the part of any party, effective the date of the
court order. COUNTY or CONTRACTOR agree to comply with all Federal and
Florida statutes, and all local ordinances, as applicable, relating to nondiscrimination.
These include but are not limited to: Title VII of the Civil Rights Act of 1964 (PL 88-
352) which prohibits discrimination on the basis ofrace, color or national origin; Title
IX of the Education Amendment of 1972, as amended (20 USC S8. 1681-1683, and
1685-1686), which prohibits discrimination on the basis of sex; Section 504 of the
Rehabilitation Act of 1973, as amended (20 USC s. 794), which prohibits
discrimination on the basis of handicaps; The Age Discrimination Act of 1975, as
amended (42 use Ss' 6101-6107) which prohibits discrimination on the basis of age;
The Drug Abuse Office and Treatment Act of 1972 (PL 92-255), as amended, relating
to nondiscrimination on the basis of drug abuse; The Comprehensive Alcohol Abuse
and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (PL 91-616),
as amended, relating to nondiscrimination on the basis of alcohol abuse or
alcoholism; The Public Health Service Act of 1912, S5. 523 and 527 (42 use 55.
690dd-3 and 290ee-3), as amended, relating to confidentiality of alcohol and drug
abuse patent records; Title VIII of the Civil Rights Act of 1968 (42 USC s. et seq.), as
amended, relating to nondiscrimination in the sale, rental or financing of housing; The
Americans with Disabilities Act of 1990 (42 use s. 1201 Note), as may be amended
from time to time, relating to nondiscrimination on the basis of disability; Any other
nondiscrimination provisions in any Federal or state statutes which may apply to the
parties to, or the subject matter of, this Agreement.
10. ASSIGNMENT/SUBAGREEMENT
The CONTRACTOR shall not assign or subcontract its obligations under this
agreement, except in writing and with the prior ~itten approval of County, which
approval shall be subject to such conditions and provisions as COUNTY may deem
."q", /2 t>1J I f>
necessary. This paragraph shall be incorporated by reference into any assignment or
subcontract and any assignee or subcontractor shall comply with all of the provisions
of this agreement. Unless expressly provided for therein, such approval shall in no
manner or event be deemed to impose any additional obligation upon the board.
11. COMPLIANCE WITH LAW
In providing all services pursuant to this agreement, the CONTRACTOR shall abide
by all statutes, ordinances. rules and regulations pertaining to, or regulating the
provisions of, such services, including those now in effect and hereinafter adopted.
Any violation of said statutes, ordinances, rules and regulations shall constitute a
material breach of this agreement and shall entitle the Board to terminate this
AGREEMENT immediately upon delivery of written notice of termination to the
CONTRACTOR. The CONTRACTOR shall possess proper licenses to perform
work in accordance with these specifications throughout the term of this
AGREEMENT.
12. DISCLOSURE AND CONFLICT OF INTEREST
The CONTRACTOR represents that it, its directors, principles and employees,
presently have no interest and shall acquire no interest, either direct or indirect, which
would conflict in any manner with the performance of services required by this
AGREEMENT, as provided in Sect. 112.311, et. seq., Florida Statutes. Upon
execution of this AGREEMENT, and thereafter as changes may require, the
CONTRACTOR shall notify the and the Court Administrator of any financial
interest it may have in any and all programs utilized by those people placed on
probation in Monroe County which the CONTRACTOR sponsors, endorses,
recommends, supervises, or requires for counseling, assistance, evaluation, or
treatment. This provision shall apply whether or not such program is required by
statute, as a condition of probation, or is provided on a voluntary basis.
13. ARREARS
The CONTRACTOR shall not pledge the County's credit or make it a guarantor of
payment or surety for any AGREEMENT, debt, obligation, judgment, lien, or any
form of indebtedness. The CONTRACTOR further warrants and represents that it
has no obligation or indebtedness that would impair its ability to fulfill the terms of
this AGREEMENT.
14. NOTICEREOUlREMENT
Any notice required or permitted under this agreement shall be in writing and hand
delivered or mailed, postage prepaid, to the other party by certified mail, returned
receipt requested, to the following:
;;PQ.tp 13 ~ II
FOR COUNTY
Monroe COURT Administrator
500 Whitehead Street
Key West, FL 33040
1026
and
County Attorney
PO Box 1026
Key West, Fi. 33041-
FOR CONTRACTOR:
Court Options, Inc.
Attn: Eddy Lacasa
17984 Franjo Rd.
Palmetto bay, Fl. 33156
Telephone No.(305) 378-8122
15. TAXES
The County's exempt from payment of Florida State Sales and Use taxes. The
CONTRACTOR shall not be exempted by virtue of the County's exemption from
paying sales tax to its suppliers for materials used to fulfill its obligations under this
AGREEMENT, nor is the CONTRACTOR authorized to use the County's Tax
Exemption Number in securing such materials. The CONTRACTOR shall be
responsible for any and all taxes, or payments of withholding, related to services
rendered WIder this agreement.
16. TERMINATION
16.1 The COUNTY may terminate this AGREEMENT for cause in the event that
CONTRACTOR materially breaches any of the terms and provisions of this
Agreement and such breach continues for a period often (10) days after Mitten
notice thereof from COUNTY to CONTRACTOR, or in the case of a breach which
cannot with due diligence be cured within such period of ten (10) days where
CONTRACTOR fails to proceed with all due diligence within such period often (10)
days to conunence to cure the same and thereafter to pursue the curing of such breach
with all due diligence, cause shall constitute a breach of the obligations of the
CONTRACTOR to perform the services enumerated as the CONTRACTOR'S
obligations under this AGREEMENT.
16.2 Either of the parties hereto may terminate this AGREEMENT without cause by
giving the other party one hundred and eighty (180) days written notice of its
intention to do so.
17. GOVERNING LAW. VENUE. INTERPRETATION. COSTS. AND FEES
This Agreement shall be governed by and construed in accordance with the laws of the
State of Florida applicable to Agreements made and to be performed entirely in the State.
In the event that any cause of action or administrative proceeding is instituted for the
enforcement or interpretation ofthis Agreement, the COUNTY and CONTRACTOR
tP4~ J'i~Jr
---"'--"""-"~~~..'~..'.._..._-:----'-'~""'c.,
agree that venue will lie in the appropriate court or before the appropriate administrative
body in Monroe County, Florida.
18. MEDIATION
The COUNTY and CONTRACTOR agree that, in the event of conflicting interpretations
of the terms or a term of this Agreement by or between any of them the issue shall be
submitted to mediation prior to the institution of any other administrative or legal
proceeding. Mediation proceedings initiated and conducted pursuant to this Agreement
shall be in accordance with the Florida Rules of Civil Procedure and usual and customary
procedures required by the Circuit Court of Monroe County. Mediation prior to
institution of litigation of administrative proceeding shall not exclude a court ordered
mediation following institution of litigation if ordered by a judge or magistrate.
19. SEVERABILITY
If any term, covenant:, condition or provision of this Agreement (or the application
thereof to any circumstance or person) shall be declared invalid or unenforceable to any
extent by a court of competent jurisdiction, the remaining terms, covenants, conditions
and provisions ofthis Agreement, shall not be affected thereby; and each remaining term,
covenant, condition and provision of this Agreement shall be valid and shall be
enforceable to the fullest extent permitted by law unless the enforcement of the remaining
terms, covenants, conditions and provisions of this Agreement would prevent the
accomplishment of the original intent of this Agreement. The COUNTY and
CONTRACTOR agree to reform the Agreement to replace any stricken provision with a
valid provision that comes as close as possible to the intent of the stricken provision.
20. ATTORNEY'S FEES AND COSTS
COUNTY and CONTRACTOR agree that in the event any cause of action or
administrative proceeding is ini Hated or defended by any party relative to the
enforcement or inteIpretation of this Agreement, the prevailing party shall be entitled to
reasonable attorney's fees. Each party agrees to pay its own court costs, investigative, and
out-of-pocket expenses whether it is the prevailing party or not, through all levels of the
court system.
22. ADJUDICATION OF DISPUTES OR DISAGREEMENTS
COUNTY and CONTRACTOR agree that aU disputes and disagreements shall be
attempted to be resolved by meet and confer sessions between representatives of each of
COUNTY and CONTRACTOR. Ifno resolution can be agreed upon within 30 days
after the first meet and confer session, the issue or issues shaH be discussed at a public
meeting of the Board of County Commissioners. If the issue or issues are stilI not
resolved to the satisfaction of COUNTY and CONTRACTOR, then any party shall have
the right to seek such relief or remedy as may be provided by this Agreement or by
Florida law.
~~ IS.apIP
"n~,~~~,..-._._...,..,.---~,."~~~~~_..._____._""""~,,,,~,,,~cc_._
23. COOPERATION
In the event any administrative or legal proceeding is instituted against either party
relating to the formation, execution, performance, or breach of this Agreement,
COUNTY and CONTRACTOR agree to participate, to the extent required by the other
party, in all proceedings, hearings, processes, meetings, and other activities related to the
substance of this Agreement or provision of the services under this Agreement.
COUNTY and CONTRACTOR specifically agree that no party to this Agreement shall
be required to enter into any arbitration proceedings related to this Agreement.
24. BINDING EFFECT
The terms, covenants, conditions, and provisions of this Agreement shall bind and inure
to the benefit of COUNTY and CONTRACTOR and their respective legal
representatives, successors, and assigns.
25. AUTHORITY
Each party represents and warrants to the other that the execution, delivery and
performance of this Agreement have been duly authorized by all necessary COUNTY
and corporate action, as required by law.
26. CLAIMS FOR FEDERAL OR STATE AID
CONTRACTOR and COUNTY agree that each shall be, and is, empowered to apply for,
seek, and obtain federal and state funds to further the purpose of this Agreement;
provided that all applications, requests, grant proposals, and funding solicitations shall be
approved by each party prior to submission.
27. PRIVILEGES AND IMMUNITIES
All of the privileges and immunities from liability, exemptions from laws, ordinances,
and rules and pensions and relief, disability, workers' compensation, and other benefits
which apply to the activity of officers, agents, or employees of any public agents or
employees of the COUNTY, when performing their respective functions under this
Agreement within the territorial limits of the COUNTY shall apply to the same degree
and extent to the performance of such functions and duties of such officers, agents,
volunteers, or employees outside the territorial limits of the County.
28. NON-RELIANCE BY NON-PARTIES
No person or entity shaH be entitled to rely upon the terms, or any ofthem, of this
Agreement to enforce or attempt to enforce any third-party claim or entitlement to or
benefit of any service or program contemplated hereunder, and the COUNTY and the
CONTRACTOR agree that neither the COUNTY nor the CONTRACTOR or any agent,
/a~/t, ~/r
..
officer, or employee of either shall have the authority to inform, counsel, or otherwise
indicate that any particular individual or group of individuals, entity or entities, have
entitlements or benefits under this Agreement separate and apart, inferior to, or superior
to the community in general or for the purposes contemplated in this Agreement.
29. ATTESTATIONS
CONTRACTOR agrees to execute such documents as the COUNTY may reasonably
require, to include a Public Entity Crime Statement, an Ethics Statement, a Drug-Free
Workplace Statement, Non-Collusion Affidavit, Lobbying and Conflict of Interest
Clause, and an Indemnification Statement.
30. NO PERSONAL LIABILITY
No covenant or agreement contained herein shall be deemed to be a covenant or
agreement of any member, officer, agent or employee of Monroe County in his or her
individual capacity, and no member, officer, agent or employee of Monroe County shall
be liable personally on this Agreement or be subject to any personal liability or
accountability by reason of the execution of this Agreement.
31. EXECUTION IN COUNTERPARTS
This Agreement may be executed in any number of counterparts, each of which shall be
regarded as an original, all of which taken together shall constitute one and the same
instrument and any of COUNTY and CONTRACTOR hereto may execute this
Agreement by singing any such counterpart.
32. SECTION HEADINGS
Section headings have been inserted in this Agreement as a matter of convenience of
reference only, and it is agreed that such section headings are not a part of this
Agreement and will not be used in the interpretation of any provision of this Agreement.
J~"w;r'"f!'JESS 'YHEREOF ~he parties hereto have executed thi~ Agreeme~t ~th~ay gg
,(;;:~~1':~!9~.~l:st WrItten above ill four (4) counterparts, ea~~ of which shall, with~~ ~of ~
1:'//-~~9G~.:forthe other counterparts, be deemed an ongmal AGREEMENT. ~'~i:~::~ Cti
}. ,~~:';;;~;l F~/~> : ,'. i-,:.~ ~.- ~
;.,-! ,,/ <-\"lli'!~)'" . . " ...
.t\~\(:.L?:~~T~ ~i:~'~' BOARD OF COUNTY ~.:..-,. ~
';',<', :-:;::ici.",';; ":~.... COMMISSIONERS :_~'. ':?
'~~~>:~:Hest'9ANNY L. KOLHAGE, CLERK OF MONROE COUNTy.: i " rn
-'~a~ ::~~~~~
Deputy Clerk Mayor/Chairman
MONROE COUNTY ATTORNEY
APPROVED AS TO FO~: A
~Ah~ ~~~-.b'
NATILEENE W. CASSEL ~
ASSISTANT COIJNTY ATTORNEY
Date ';1 -~,. -07
i 'J
c!
.'''''1
... ;
.' 1
,'1
. J
.l
.,
.)
~!p/J urJ /p
A~~:~
By: C
WITNESS
CONTRACTOR:
.G0URT OPllr
~~C
- ~.
By; Eduardo R. Lacasa
Its: President
;~
~g< J,f 7f / ~