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1st Amendment & Renewal 05/17/2017RENEWAL AND AMENDMENT 1 TO THE AGREEMENT FOR MISDEMEANOR PROBATION SERVICES BETWEEN MONROE COUNTY AND PROFESSIONAL PROBATION SERVICES THIS RENEWAL AND AMENDMENT I is made and entered into this 17'" day of May, 2017, by and between Professional Probation Services, Inc. (hereafter "Contractor" or "PPS ") and Monroe County, a political subdivision of the State of Florida (hereinafter "County ") in order to renew and amend the agreement entered into on August 20 1h , 2014( "Agreement "); WHEREAS, PPS and the County entered into an Agreement for Probation Services dated August 20, 2014, by which the County retained PPS as the sole private entity to coordinate and provide certain probation services to the Monroe County Court; and WHEREAS, the Agreement provides a renewal option of two (2) year extensions subject to approval of both parties; and WHEREAS, the procedures for collection and allocation of probation payments toward Court Cost /Fines and the Cost of Supervision are now set forth in the contract to provide that the allocation of probation payments are to be on an equal distribution basis, except restitution which is prioritized; and WHEREAS, Pursuant to F.S. 119.0701, the Public Records language in Paragraph XXXI is being updated; and NOW THEREFORE, in consideration of the mutual covenants hereinafter set forth and other good and valuable consideration, the parties do agree as follows: 1. The parties hereby agree to exercise the option to extend the contract for an additional one year period to September 1, 2018. 2. The parties agree to Amend Paragraph VIII PAYMENT TO THE CONTRACTOR FROM PROBATIONER(S), to add subparagraph H. (replacing second duplicate paragraph G.) to read as follows: H.CONTRACTOR shall prioritize probation payments as follows: 1. Restitution (if applicable) shall be prioritized and shall be disbursed directly to the victim in accordance with subparagraph G. above. 2. All other probation payments, except for Restitution and the Cost of Supervision, shall be submitted to the Monroe County Clerk of Court for allocation. In cases in which less than the full amount of the monthly probation payment is collected, the CONTRACTOR, in order to determine their portion of the Cost of Supervision shall equally distribute the probation payment among the following categories; 1) Court Cost and Fines, including but not limited to, Cost of Prosecution, Cost of Investigation, and 2) Cost of Supervision /Probation Fee (including an Electronic Monitoring Fee (if applicable)) incurred to date. 3. Offender payments shall be accepted by the CONTRACTOR in the form of cash, cashier's check, money order, or via major credit and debit cards. Payment will be accepted in each of the three (3) Monroe County office locations. Contractor will itemize each of the probationer's court- ordered debts (i.e. fines /costs, restitution, and probation fees) into the CONTRACTOR's Offender Tracking System (OTS). Contractor will apply probation payments towards those debts with priority on restitution. The payment is logged automatically within the data tables of the OTS, and a receipt is generated electronically. Each receipt is numbered and logged by OTS under the probationer's internal files number or PPSI number within the system. The probationer is provided with a copy of his /her receipt upon conclusion of each transaction. (The receipt also details the application of the payment so that every time a probationer makes a payment he /she knows how the money was allocated). The OTS may be accessed by court officials 24 hours a day, seven days a week, including up to the minutes financial and receipt information on all probationers. 3. The parties agree to Amend Paragraph XXXI PUBLIC RECORDS and OPEN MEETING LAWS, to add the following: Public Records Compliance. Contractor must comply with Florida public records laws, including but not limited to Chapter 119, Florida Statutes and Section 24 of article I of the Constitution of Florida. The County and Contractor shall allow and permit reasonable access to, and inspection of, all documents, records, papers, letters or other "public record" 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 Contractor in conjunction with this contract and related to contract performance. The County shall have the right to unilaterally cancel this contract upon violation of this provision by the Contractor. Failure of the Contractor to abide by the terms of this provision shall be deemed a material breach of this contract and the County may enforce the terms of this provision in the form of a court proceeding and shall, as a prevailing party, be entitled to reimbursement of all attorney's fees and costs associated with that proceeding. This provision shall survive any termination or expiration of the contract. The Contractor is encouraged to consult with its advisors about Florida Public Records Law in order to comply with this provision. Pursuant to F.S. 119.0701 and the terms and conditions of this contract, the Contractor is required to: (1) Keep and maintain public records that would be required by the County to perform the service. (2) Upon receipt from the County's custodian of records, provide the County with a copy of the requested records or allow the records to be inspected or copied within a PA reasonable time at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law. (3) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the contractor does not transfer the records to the County. (4) Upon completion of the contract, transfer, at no cost, to the County all public records in possession of the Contractor or keep and maintain public records that would be required by the County to perform the service. If the Contractor transfers all public records to the County upon completion of the contract, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Contractor keeps and maintains public records upon completion of the contract, the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the County, upon request from the County's custodian of records, in a format that is compatible with the information technology systems of the County. (5) A request to inspect or copy public records relating to a County contract must be made directly to the County, but if the County does not possess the requested records, the County shall immediately notify the Contractor of the request, and the Contractor must provide the records to the County or allow the records to be inspected or copied within a reasonable time. If the Contractor does not comply with the County's request for records, the County shall enforce the public records contract provisions in accordance with the contract, notwithstanding the County's option and right to unilaterally cancel this contract upon violation of this provision by the Contractor. A Contractor who fails to provide the public records to the County or pursuant to a valid public records request within a reasonable time may be subject to penalties under section 119.10, Florida Statutes. The Contractor shall not transfer custody, release, alter, destroy or otherwise dispose of any public records unless or otherwise provided in this provision or as otherwise provided by law. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS, BRIAN BRADLEY AT PHONE# 305- 292 -3470 BRADLEY- BRIAN(&MONROECOUNTY- 3 FL.GOV, MONROE COUNTY ATTORNEY'S OFFICE 111112 TII Street, SUITE 408, KEY WEST, FL 33040. 4. The remaining terms of the Agreement dated August 20, 2014, not inconsistent herewith, shall remain in full force and effect. ! I NESS WHEREOF, the parties hereto have executed this Renewal and '" Amendfas of the first day above mentioned. ­�­Clerk MADOK MONROE COUNTY BOARD OF COUNTY COMMISSIONERS Deputy Clerk PROFESSIONAL P,Rq>��{ONSK7WCES Clay CoxAhief Executive (Officer �' 3 � _t C) Z =, = r M rVI" o c- 2- 4n Z ..- M n o r D i!% ;;0 C3 T e regoing instrument was acknowledged before me this � day of T �t 2017, by Clay Cox Who is ( ) personally known to me or driver's license as identification. NOT RY PUB , STATE OF Kimberly W. Bannister Print, type of slr G*jyc ioned name of notary Gwinnett County, Georgia My Commission Expires September 12, 2020 ) produced a MONROE COUNTY ATTORNEY !TPR%E:D AS T,9 FORM: Z M. LIMSERT -BARROWS ASSISTANT C UNT ATTORNEY Date 4 A� ® CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDDIYYYY) 5/23/2017 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Linda Mitchell CIC Sutter, McLellan, & Gilbreath, Inc. P A H /c No Ext: (770)246 -8300 AIC No; (770)296 - 8301 1424 North Brown Road ADDRESS :lmitchell @smginsurance.com Suite 300 INSURER(S) AFFORDING COVERAGE NAIC # Lawrenceville GA 30043 - 8107 INSURERA:Travelers Indemnity Co of Amer 25666 INSURED INSURER B :Evanston Cox Corrections X LLC; Professional Probation Serv. INSURERC: BE Insurance Co oration 39217 Judicial Corrections Services, LLC INSURERD:Crum & Forster_ Suite 350 INSURER E NOr C r OSS GA 30093 INSURERF: COVERAGES rFRTICIr`ATC Ku IIIADCD.9n1 G -oni -7 —.: -_a -- THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL SUBR POLICY NUMBER POLICY EFF MM /DDIYYYY I POLICY EXP IMMIDDIYYYYI LIMITS X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 A CLAIMS -MADE X I OCCUR - - DAMAGE TO RENTED - PREMISES (Ea occurrence) $ 300, 000 X I6608FO78876TIA15 6/24/2016 6/24/2017 MED EXP (Any one person) _ $ 5,000 �N'L PERSONAL & ADV INJURY $ Excluded GENERAL AGGREGATE $ 2,000,000 AGGREGATE LIMIT APPLIES PER. X POLICY ll PRO- ff - IJECTLOC - - -- - -- - PRODUCTS - COMP /OPAGG $ 2,000,000 OTHER: - -. $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ Ea accident A ANY AUTO BODILY INJURY (Per person) $ ALL OWNED SCHEDULED AUTOS AUTOS I6608FO78876TIA15 6/24/2016 6/24/2017 BODILY INJURY (Per accident) $ X HIRED AUTOS Ix NON -OWNED AUTOS PROPERTY DAMAGE - - $ (Per accident X UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 1,000,000 B EXCESS LAB CLAIMS -MADE AGGREGATE $ 1,000,000 DED I X RETENTION$ 10,000 XOBW6628916 6/7/2016 6/24/2017 $ WORKERS COMPENSATION PER OTH- AND EMPLOYERS' LIABILITY YIN STATUTE ER E.L. EACH ACCIDENT $ ANY PROPRIETOR /PARTNER /EXECUTIVE OFFICER /MEMBER EXCLUDED? N/A in ( Mandatory If yes, describe under and �. E.L. DISEASE - EA EMPLOYE -- - - -- - - - _. _ $ - DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ C Errors & Omissions QPL0240710 7/8/2016 7/8/2017 Per Claim & Aggregate $2,000,000 D Employee Dishonesty 626 - 035805 -1 9/1/2016 9/1/2017 Policy Limit $100,000 DESCRIPTION OF OPERATIONS I LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Monroe County Board of County Commissioners is an additional insured as define tha.� icy as respects General Liability when required by written contract. APP VED IS (atNl Cancellation clause cannot be amended. _ BY DATE -- WAIVER N /A YES—. Limbert- Christine @MonroeCo SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Monroe County Board of County Commissione 1111 12th Street, Suite 408 THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Key West, FL 33040 AUTHORIZED REPRESENTATIVE M Jaynes CSP /LINDAM v Woo - LUl4 At Ul L VKt'UKA I IUN. All rights reserved. ACORD 25 (2014/01) The ACORD name and logo are registered marks of ACORD INS025 (201401)