1st Renewal 01/16/2013 AMY HEA VILIN, CPA
CLERK OF THE CIRCUIT COURT
DATE: January 29, 2013
TO: Sheriff Rick Ramsey
Monroe County Sheriffs Office
ATTN: Tamara Snider
Grants Administrator
FROM: Pamela G. Hanco o .). C.
At the January 16, 2013, 2012, Board of County Commissioner's meeting the Board
granted approval and authorized execution of Item L1 to renew an Interlocal Agreement with the
Monroe County Sheriff's Office regarding funding for the Intensive Delinquency Diversion
Services program.
Enclosed is a duplicate original of the above - mentioned for your handling. Should you
have any questions please do not hesitate to contact this office.
Cc: County Attorney w/o document
Fin
FUG/
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INTERLOCAL AGREEMENT
INTENSIVE DELINQUENCY DIVERSION SERVICES FUNDING
BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA
AND
THE MONROE COUNTY SHERIFF'S OFFICE
WHEREAS, the Monroe County Sheriff s Office operates an intensive delinquency diversion
services program that is an important and valuable method of resolving allegations of violations
of law by juveniles consistent with proper law enforcement and the education and correction of
juvenile violators; and
WHEREAS, the Board of County Commissioners enacted Ordinance No. 016 -2004 assessing
additional court costs of $65 for certain misdemeanor, felony, and criminal traffic violations; and
WHEREAS, on December 15, 2004, the Board of County Commissioners and the Monroe
County Sheriffs Office entered into an interlocal agreement (the "2004 Interlocal Agreement'),
whereby the parties agreed that twenty -five percent (25 %) of the funds collected by the Clerk of
the Court pursuant to Ordinance 016 -2004 would be remitted to the Sheriffs Office for funding
of teen court and other juvenile alternative programs; and
WHEREAS, the Board of County Commissioners adopted Resolution No. 564 -2007 directing
that twenty -five percent (25 %) of the funds collected be allocated to fund the intensive
delinquency diversion services program in Monroe County; and
WHEREAS, on April 16, 2008, the parties entered into another Interlocal Agreement (the "2008
Agreement') in order to continue to fund the intensive delinquency diversion services; and
WHEREAS, the 2008 Interlocal Agreement expired on September 30, 2012, and the parties
wish to enter into a new interlocal agreement in order to ensure that the funds now being
collected by the Clerk of the Court pursuant to Resolution No. 564 -2007 will be remitted to the
Monroe County Sheriffs Office in order to fund the intensive delinquency diversion services.
NOW THEREFORE the Board of County Co . . ners of Monroe County and the Monroe
County Sheriff's Office, on this /6b4- day of , 2 °13 enter into this
interlocal agreement under the authority of C ter 163, la. Stat.
1- PAYMENTS.
a.) Initial Payment. Upon execution of this agreement by both parties, the Clerk of
Court shall remit to the Monroe County Sheriffs Office twenty -five percent (25 %) of
any collected but unremitted additional court costs from the expiration of the 2008
Agreement until the effective date of this interlocal agreement.
b.) Monthly Payments. Thereafter, the Clerk shall remit the same percentage of
collected additional court costs to the Sheriff on a monthly basis.
c.) Repayment. Pursuant to the enabling legislation, any unspent funds at the close of
the county fiscal year shall be remitted back to the Clerk for allocation in accordance
with F.S. 939.185(1) (a) 1.
2 -TERM. The term of this interlocal agreement commences upon execution by both parties and
continues until terminated pursuant to paragraph 3 or by agreement of the parties hereto.
3 -EARLY TERMINATION. Either party may terminate this agreement at the end of any fiscal
year after providing the other party at least ninety days advance written notice of its intent or
upon mutual agreement of the parties.
4- TERMINATION OF 2008 INTERLOCAL AGREEMENT. This Agreement, once
approved, supersedes in its entirety the 2008 Agreement.
5- RECORDS AND REPORTS. The Sheriff s Office shall maintain records of its receipts and
expenditures for the intensive delinquency diversion services program. These records shall be
open for examination by the Clerk of Court, and shall be subject to annual external audit as
required by law.
a.) Public Access. The County and Sheriff s Office shall allow and permit reasonable
access to, and inspection of, all documents, papers, letters or other materials in its
possession or under its control subject to the provisions of Chapter 119, Florida
Statutes, and made or received by the County and Sheriff's Office in conjunction with
this Agreement; and the County shall have the right to unilaterally cancel this
Agreement upon violation of this provision by Sheriff's Office.
b.) Quarterly Reports. Pursuant to State Statute, the County is required to make
quarterly reports, including itemized lists of expenditures. Within twenty (20) days
after the close of each quarter, the Sheriffs Office shall provide to the County Clerk
the required itemized list of expenditures.
6- MODIFICATIONS AND AMENDMENTS. Any and all modifications of the terms of this
agreement shall be only amended in writing and approved by the Board of County
Commissioners of Monroe County. The terms, covenants, conditions, and provisions of this
Agreement shall bind and inure to the benefit of the County and Sheriff's Office and their
respective legal representatives, successors, and assigns.
7- INDEPENDENT CONTRACTOR. At all times and for all purposes hereunder, the Sheriff's
Office is an independent contractor and not an employee of the Board of County Commissioners
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of Monroe County. No statement contained in this agreement shall be construed as to find the
Sheriff's Office or any of its employees, contractors, servants or agents to be the employees of
the Board of County Commissioners of Monroe County, and they shall be entitled to none of the
rights, privileges or benefits of employees of Monroe County.
a.) 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.
8 -HOLD HARMLESS/INDEMNIFICATION. The Sheriffs Office hereby agrees to
indemnify and hold harmless the County and any of its officers and employees from and against
any and all claims, liabilities, litigation, causes of action, damages, costs, expenses (including but
not limited to fees and expenses arising from any factual investigation, discovery for preparation
of litigation), and the payment of any and all of the foregoing or any demands, settlements or
judgments arising directly or indirectly under this agreement.
a.) Non - Waiver of Immunity. Notwithstanding the provisions of Sec. 786.28, Florida
Statutes, the participation of the County and the Sheriff's Office in this Agreement
and the acquisition of any commercial liability insurance coverage, self - insurance
coverage, or local government liability insurance pool coverage shall not be deemed a
waiver of immunity to the extent of liability coverage, nor shall any contract entered
into by the County be required to contain any provision for waiver.
b.) 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.
9- NONDISCRIMINATION. County and Sheriff s Office 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 and Sheriff s Office 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: 1) Title VI of the Civil Rights Act of 1964 (PL 88 -352) which prohibits discrimination on the
basis of race, color or national origin; 2) 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; 3) Section 504 of the Rehabilitation Act of 1973, as amended (20 USC s. 794), which
prohibits discrimination on the basis of handicaps; 4) The Age Discrimination Act of 1975, as
amended (42 USC ss. 6101 -6107) which prohibits discrimination on the basis of age; 5) The
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Drug Abuse Office and Treatment Act of 1972 (PL 92 -255), as amended, relating to
nondiscrimination on the basis of drug abuse; 6) 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; 7) The Public Health
Service Act of 1912, ss. 523 and 527 (42 USC ss. 690dd -3 and 290ee -3), as amended, relating to
confidentiality of alcohol and drug abuse patent records; 8) Title VII 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; 9) 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 disability. 10)
Monroe County Code Ch. 14, Art. I prohibiting discrimination on the basis of race, color, sex,
religion, disability, national origin, ancestry, sexual orientation, gender identity or expression,
familial status or age; and 11) 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- ENTIRE AGREEMENT. This agreement constitutes the entire agreement of the parties
hereto with respect to the subject matter hereof and supersedes any and all prior agreements with
respect to such subject matter between the Sheriff's Office and the Grantor.
11- 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 contracts made and to be performed entirely in the State.
a.) Venue. In the event that any cause of action or administrative proceeding is
instituted for the enforcement or interpretation of this Agreement, the County and
Sheriff's Office agree that venue will lie in the appropriate court or before the
appropriate administrative body in Monroe County, Florida.
b.) Mediation. The County and Sheriffs Office 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.
c.) 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 Sheriffs Office 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.
d.) Attorney's Fees and Costs. The County and Sheriff s Office agree that in the event
any cause of action or administrative proceeding is initiated or defended by any party
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relative to the enforcement or interpretation of this Agreement, the prevailing party
shall be entitled to reasonable attorney's fees, court costs, investigative, and out -of-
pocket expenses, as an award against the non - prevailing party, and shall include
attorney's fees, court costs, investigative, and out -of- pocket expenses in appellate
proceedings. 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.
e.) Adjudication of Disputes or Disagreements. County and Sheriff's Office agree that
all disputes and disagreements shall be attempted to be resolved by meet and confer
sessions between representatives of each of the parties. If no 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 the parties, then any party shall have
the right to seek such relief or remedy as may be provided by this Agreement or by
Florida law.
f.) 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 Sheriff's Office 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 Sheriff's Office specifically agree that no party to this
Agreement shall be required to enter into any arbitration proceedings related to this
Agreement.
12- ETHICS CLAUSE: Sheriff's Office warrants that it has not employed, retained or
otherwise had act on its behalf any former County officer or employee in violation of Section 2
or Ordinance No. 10 -1990 or any County officer or employee in violation of section 3 of
Ordinance No. 10 -1990. For breach or violation of the provision the County may, at its
discretion terminate this agreement without liability and may also, at its discretion, deduct from
the agreement or purchase price, or otherwise recover, the full amount of any fee, commission,
percentage, gift, or consideration paid to the former or present County officer or employee. The
County and Sheriff's Office warrant that, in respect to itself, it has neither employed nor retained
any company or person, other than a bona fide employee working solely for it, to solicit or
secure this Agreement and that it has not paid or agreed to pay any person, company,
corporation, individual, or firm, other than a bona fide employee working solely for it, any fee,
commission, percentage, gift, or other consideration contingent upon or resulting from the award
or making of this Agreement. For the breach or violation of the provision, the Sheriff's Office
agrees that the County shall have the right to terminate this Agreement without liability and, at
its discretion, to offset from monies owed, or otherwise recover, the full amount of such fee,
commission, percentage, gift, or consideration.
a.) Covenant of No Interest. County and Sheriff's Office covenant that neither
presently has any interest, and shall not acquire any interest, which would conflict in
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any manner or degree with its performance under this Agreement, and that only
interest of each is to perform and receive benefits as recited in this Agreement.
b.) Code of Ethics. County agrees that officers and employees of the County recognize
and will be required to comply with the standards of conduct for public officers and
employees as delineated in Section 112.313, Florida Statutes, regarding, but not
limited to, solicitation or acceptance of gifts; doing business with one's agency;
unauthorized compensation; misuse of public position, conflicting employment or
contractual relationship; and disclosure or use of certain information.
13- PUBLIC ENTITY CRIME STATEMENT. A person or affiliate who has been placed on
the convicted vendor list following a conviction for public entity crime may not submit a bid on
an agreement to provide any goods or services to a public entity, may not submit a bid on a
agreement with a public entity for the construction or repair of a public building or public work,
may not submit bids on leases of real property to public entity, may not be awarded or perform
work as a Sheriff's Office, supplier, sub - Sheriffs Office, or consultant under a agreement with
any public entity, and may not transact business with any public entity in excess of the threshold
amount provided in Section 287.017, F.S., for CATEGORY TWO for a period of 36 months
from the date of being placed in the convicted vendor list.
14- AUTHORITY. Sheriff's Office warrants that it is authorized by law to engage in the
performance of the activities encompassed by the project herein described. Each of the
signatories for the Sheriffs Office below certifies and warrants that the Sheriffs Office's name
in this agreement is the full name as designated in its corporate charter (if a corporation); they
are empowered to act and contract for the Sheriff s Office, and this agreement has been approved
by the Board of Directors of Sheriff's Office or other appropriate authority.
15- NOTICE. Any written notice to be given to either party under this agreement or related
hereto shall be addressed and delivered as follows:
For Sheriff's Office: Patrick J McCullah, Jr.
General Counsel
5525 College Road
Key West, FL 33040
For County: Robert B. Shillinger, Jr. and
Roman Gastesi
County Attorney
County Administrator
PO Box 1026
1100 Simonton Street
Key West, FL 33041 -1026
Key West, FL 33040
16- CLAIMS FOR FEDERAL OR STATE AID. Sheriff's Office 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.
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17- NON - DELEGATION OF CONSTITUTIONAL OR STATUTORY DUTIES. This
Agreement is not intended to, nor shall it be construed as, relieving any participating entity from
any obligation or responsibility imposed upon the entity by law except to the extent of actual and
timely performance thereof by any participating entity, in which case the performance may be
offered in satisfaction of the obligation or responsibility. Further, this Agreement is not intended
to, nor shall it be construed as, authorizing the delegation of the constitutional or statutory duties
of the County, except to the extent permitted by the Florida constitution, state statute, and case
law.
18- 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 Sheriff s Office agree that neither the County nor the Sheriff's Office or any
agent, 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.
19- ATTESTATIONS. Sheriff's Office agrees to execute such documents as the County may
reasonably require, to include a Public Entity Crime Statement, an Ethics Statement, and a Drug -
Free Workplace Statement.
20 -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.
21- 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 the parties hereto may execute this Agreement
by signing any such counterpart.
22- 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 WITNESS WHEREOF, the parties hereto have caused this agreement to be executed the
day and year first above written.
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(SEAL)
ATTEST: AMY HEAVILIN, CLERK BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By• �-� By: �4
Deputy Clerk MayorICnairperson
MONROE COUNTY SHERIFF'S OFFICE
By:
Sheriff Robert P. Peryam
MONROE CO lHERIFF'S OFFICE
APPROVED AS TO FORM:
P#Tl�ICK J. McCULLAH
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