2. 03/19/2014 Agreement . 4 ' s E
o "., ' , . i1 CLERK OF CIRCUIT COURT & COMPTROLLER
2 -�` �., 0 MONROE COUNTY, FLORIDA
DATE: April 16, 2014
TO: Sheriff Rick Ramsey
Monroe County Sheriffs Office
ATTN: Tamara Snider
Grants Administrator
FROM: Vitia Fernandez, D.C.
At the February 19, 2014 Board of County Commissioner's meeting, the Board granted approval and authorized
execution of Item M2 Interlocal Agreement authorizing 25% of the court cost and surcharges
assessed /collected to be allocated to fund teen court programs and other juvenile alternative programs in
Monroe County, to be disbursed by the Clerk of Court to the Sheriff of Monroe County on a monthly
basis.
Enclosed is a duplicate original of the above - mentioned, executed on behalf of Monroe County, for your
handling.
cc: County Attorney
Finance
File
500 Whitehead Street Suite 101, PO Box 1980, Key West, FL 33040 Phone: 305- 295 -3130 Fax: 305- 295 -3663
3117 Overseas Highway, Marathon, FL 33050 Phone: 305- 289 -6027 Fax: 305- 289 -6025
88820 Overseas Highway, Plantation Key, FL 33070 Phone: 852 -7145 Fax: 305 - 852 -7146
INTERLOCAL AGREEMENT -TEEN COURT FUNDING
BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA
AND
THE MONROE COUNTY SHERIFF'S OFFICE
WHEREAS, the Monroe County Sheriff's Office operates a teen court 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, the Board of County Commissioners, under the authority of Chapter 2004 -265, Laws of Florida,
directed that twenty-five percent of the funds collected be allocated to fund teen court programs and other juvenile
alternative programs in Monroe County;
NOW THEREFORE the Board of County Commissioners of Monroe County and the Monroe County
Sheriff's Office enter into this interlocal agreement under the authority of Chapter 163, Fla. Stat. (2004).
1. PAYMENTS.
a) Monthly payments. The Clerk shall remit twenty five percent of collected additional court costs to the
Sheriff on a monthly basis.
b) 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)l.
2. TERM The term of this interlocal agreement commences upon execution by both parties and ends September 30,
2020.
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.
4. RECORDS AND REPORTS. The Sheriff's Office shall maintain records of its receipts and expenditures for the
teen court 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 Sheriff's Office shall
provide to the County Clerk the required itemized list of expenditures.
5. 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 for 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.
6. 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 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,
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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.
7. 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. INDEMNIFICATION. The Sheriff, as a political subdivision defined in Section 768.28, Florida Statutes, agrees to
be fully responsible to the limits set forth in such statute for its own negligent acts or omissions, or intentional tortuous
actions, which result in claims or suits against either County or Sheriff, and agrees to be liable to the statutory limits for
any damages proximately caused by said acts or omissions, or intentional tortious acts.
The County, as a political sub - division of the State of Florida, as defined in Section 768.28, Florida Statutes,
agrees to be fully responsible to the limits set forth in such statute for its own negligent acts or omissions, or intentional
tortuous acts, which result in claims or suits against either the Sheriff or County, and agrees to be liable to the statutory
limits for any damages proximately caused by said acts or omissions, or intentional tortious acts.
Nothing contained in this Section shall be construed to be a waiver by either party of any protections under
sovereign immunity, Section 768.28 Florida Statutes, or any other similar provision of law. Nothing contained herein
shall be construed to be a consent by either party to be sued by third parties in any matter arising out of this or any other
Agreement.
9. NON - WAIVER OF P MUNITY. 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.
10. 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 Disc Act of 1975, as amended (42 USC ss.
6101- 6107) which prohibits discrimination on the basis of age; 5) The 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
nondisc 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 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; 9) The Americans with Disabilities Act of 1990 (42 USC s. 1201 Note), as maybe amended
from time to time, relating to nondiscrimination on the basis of disability; 10) Monroe County Code Ch. 13, Art. VI,
prohibiting discrimination on the bases 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.
11. 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.
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12. 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.
13. 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.
14. MEDIATION. The County and Sheriff's 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.
15. 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 Sheriff's 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.
16. 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 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, courts 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.
17. 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.
18. 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.
19. ETHICS CLAUSE: Monroe County Sheriff's Office warrants that it has not employed, retained or otherwise had
act on its behalf any former County officer or employee subject to the prohibition of Monroe County Code section 2 -149
or any County officer or employee in violation of Monroe County Code section 2 -149. For breach or violation of this
provision the County may, in its discretion, terminate this contract without liability and may also, in its discretion, deduct
from the contract or purchase price, or otherwise recover, the full amount of any fee, commission, percentage, gift or
consideration paid to the former county officer or employee or county officer or employee.
20. 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 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.
21. 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
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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.
22. 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 Sheriff's Office below certifies and
warrants that they are empowered to act and contract for the Sheriff's Office..
23. 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 McCullah, General Counsel
Monroe County Sheriffs Office
5525 College Road
Key West, Florida 33040
Telephone: 305.292.7020
Fax: 305.292.7070
E -mail: pmccullah@keysso.net
For County:
Bob Shillinger
County Attorney
Monroe County Attorney's Office
1111 12th Street, Suite 408
Key West, FL 33040
(305) 292 -3470
(305) 292 -3516 (facsimile)
24. 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.
25. 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.
26. 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.
27. 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.
28. 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
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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.
29. 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 singing any such counterpart.
30. 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.
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
MONROE COUNTY SHERIFF'S OFFICE
By: _` a-v—�
Sheriff Richard A. Ramsay
MONROE COUNT SHERIFF'S OFFICE
APPROVED AS TO FORM:
� P RICK J. MCCULLAH
GENERAL COUNS L
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MONROE COUNTY ATTORNEY
APPMVED AS TO. FORD:
CVTHIA L. HALL
ASSISTANT JOU � I Y ATTORNEY
Date
Page 5 of 5
ORDINANCE NO. 016 -2004
AN ORDINANCE AN ORDINANCE OF THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA, DECLARING
THAT AN EMERGENCY EXISTS AND WAIVING NOTICE BY A
FOUR - FIFTHS VOTE; AMENDING THE MONROE COUNTY CODE
BY ADDING A SECTION TO CHAPTER 2, ART. XXVII, TO BE
NUMBERED SECTION 2-605; PROVIDING FOR IMPOSITION OF
ADDITIONAL COURT COSTS IN CRIMINAL CASES; PROVIDING
FOR ALLOCATION OF FUNDS RECEIVED FROM ADDITIONAL
COURT COSTS; PROVIDING FOR REPEALER, SEVERABILITY,
INCLUSION IN THE MONROE COUNTY CODE, MODIFICATIONS
THAT MAY ARISE FROM CONSIDERATION AT PUBLIC HEARING;
AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, on November 3, 1998, the voters of Florida adopted Revision 7 to the Florida
Constitution to amend Article V of the Constitution in order to address the problem of disparate court
funding throughout the separate counties of the State; and
WHEREAS, during the 2003 session of the State Legislature, the Legislature amended various
provisions of the Florida Statutes in order to comply with the requirements of Revision 7; and
WHEREAS, during the 2004 legislative session, the Legislature enacted further amendments
to the Florida Statutes in order to provide a more equitable distribution of responsibility for funding the
court system; and
WHEREAS, these 2004 Amendments are found in Chapter 2004 -265, Laws of Florida; and
WHEREAS, Section 939.185, Florida Statutes, allows each county to adopt a county
ordinance assessing additional court costs, not to exceed $65.00 to be imposed for certain
misdemeanor, felony, and criminal traffic violations; and
WHEREAS, the additional funding must be used for: (1) funding innovations to supplement
state funding for the elements of the State Courts System identified in Section 29.004, Florida
Statutes, and County funding for local requirements under Section 29.008(2)(a)2, Florida Statutes;
(2) personnel and legal materials for the public as part of a law library; (3) providing legal aid
programs, and (4) support of teen court programs, juvenile assessment centers and other juvenile
alternative programs, as determined by the Board of County Commissioners ; and
WHEREAS, the legislation allowing these additional costs requires that the Board of County
Commissioners adopt an ordinance requiring these costs; and
WHEREAS, the additional court cost may take effect on July 1, 2004 provided an ordinance
has been adopted and is in effect on or before July 1, 2004; and
WHEREAS, the Governor signed Chapter 2004 -265, Laws of Florida, on May 28, 2004; and
WHEREAS, the County Commission will not meet again until after July 1, 2004, with the result
that the court cost would not be in place on July 1, 2004, and would result in revenue that otherwise
would be available to be irretrievably lost; and
WHEREAS, time is of the essence adopting an ordinance imposing the court cost; and
WHEREAS, the Board of County Commissioners of Monroe County hereby finds and declares
that adoption of this ordinance is necessary, appropriate, and in the public interest of citizens of this
community; now therefore:
BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE
COUNTY, FLORIDA, that:
Section 1 . An emergency is hereby declared and notice waived by a four -fifths vote.
Section 2. Section 2-605 of the Monroe County Code of Ordinances is hereby created and
shall read as follows:
Section 2-605. Additional Court Costs in Criminal Cases
(a) Pursuant to Section 939.185, Florida Statutes, an additional court cost of Sixty-
Five Dollars ($65.00) shall be imposed by the court when a person pleads guilty or nolo contendere
to, or is found guilty of, any felony, misdemeanor, or criminal traffic offense under Florida laws.
(b) Funds received from this additional court cost shall be distributed as follows:
1. Twenty -five percent (25 %) of the amount collected shall be allocated to
supplement State funding for the elements of the State courts system in Monroe County as identified
in Sections 29.004, Florida Statutes, and County funding for local requirements under Section
29.008(2)(a)2, Florida Statutes.
2. Twenty-five percent (25 %) shall be allocated to fund legal aid programs
in Monroe County consistent with Section 29.008(3), Florida Statutes.
3. Twenty -five percent (25 %) shall be allocated to fund personnel and legal
materials for the public as part of law libraries, whether as separate libraries or as part of the Monroe
County Public Library System.
4. Twenty -five percent (25 %) shall be allocated to fund teen court
programs and other juvenile aftemative programs in Monroe County as determined by the Board
of County Commissioners.
(c) The court shall order payment of these additional court costs in all matters
subject to this Ordinance, but may defer payment if the person against whom the cost is imposed is
indigent.
(d) At the end of each County fiscal year during which said additional court costs
are collected, any surplus is required to be reallocated and transferred for use to fund innovations to
supplement funding for the State Court system in Monroe County under paragraph (a)(1) above.
Section 3. Repealer.
Any and all ordinances in conflict herewith are hereby repealed to the extent of any conflict.
Section 4. Severability.
It is declared to be the intent of the Board of County Commissioners of Monroe County,
Florida, that if any section, subsection, sentence, clause, or provision of this Ordinance is held invalid,
the remainder of the Ordinance shall be construed as not having contained said section, subsection,
sentence, clause, or provision, and shall not be affected by such holding.
Section 5. Inclusion into the Code of Ordinances
It is the intent of the Board of County Commissioners that the provisions of this ordinance shall
become and be made part of the Monroe County Code of Ordinances and that the sections of this
ordinance may be renumbered or relettered.
Section 6 Modification
It is the intent of the Board of County Commissioners that the provisions of this ordinance may
be modified as a result of considerations that may arise during public hearings. Such modifications
shall be incorporated into the final version of the ordinance adopted by the Board and filed by the
Clerk to the Board pursuant to Section 6.
Section 7. Effective Date.
A certified copy of this Ordinance shall be filed with the Department of State by the Clerk to the
Board within ten (10) days after adoption of this Ordinance, and this Ordinance shall take effect on
July 1, 2004.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a
regular meeting of said Board held on the 16th day of June, 2004.
Mayor Nelson
Mayor Pro Tern Rice
_.CQmmissioner McCoy
egiY ssioner Neugent
C1 C¢mmissioner Spehar
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(SEA)
Attest�IJANNY LKOLHAGE, Clerk
De�putytlerk
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BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By
Mayor/ChEWerson
APPROVED AS TO LEGAL FORM
OFFICE OF THE MONROE COUNTY ATTORNEY
BY O� 03
%John R. Collins, County Attorney
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