Item D11
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: September 21,2005
Division:
Management Services
Bulk Item: Yes ~
No
Department: Administrative Services
Department Contact: Tina Boan
AGENDA ITEM WORDING:
Approval of an amendment to the inter-local agreement between Momoe County and The Momoe
County Sheriff,
ITEM BACKGROUND:
Amendment to provide additional funding to the Sheriff for the cost to run the Teen Court program in
Momoe County over and above the amount collected in Ordinance 016-2004,
PREVIOUS REVELANT BOCC ACTION:
On December 15,2004 the BOCC approved an inter-local agreement to provide funding in accordance
with Ordinance 016-2004,
CONTRACT/AGREEMENT CHANGES:
Additional funding in the amount of $50,000 for FY 2006, and additional funding for future years
based on approved budget.
STAFF RECOMMENDATIONS:
Approval
TOTAL COST:
COST TO COUNTY:
N/A
N/A
BUDGETED: Yes
SOURCE OF FUNDS:
No
N/A
REVENUE PRODUCING: Yes
Noll AMOUNTPERMONTH_ Year
APPROVED BY: County Atty ~ OMB/Purchasing lL Risk Management N/ A
DIVISION DIRECTOR APPROVAL:
DOCUMENTATION:
Included X
To Follow_ Not Required
DISPOSITION:
AGENDA ITEM #
AMENDMENT TO THE INTERLOCALAGREEMENT
TEEN COURT FUNDING
This amendment to the Interlocal Agreement is made and entered into this
21 st day of September, 2005 between Monroe County, hereinafter called the
"County", and The Monroe County Sheriff's Department, Inc., hereinafter
called the "Sheriff."
Whereas, Monroe County desires to revise the current agreement
dated December 15, 2004 to fund Teen Court program activities for costs
over and above the amount collected from the enacted Ordinance No. 016-
2004 as the Sheriff has demonstrated the program's cost is greater than
revenue collected per the mentioned ordinance, requiring additional funding;
now, therefore,
In consideration of the mutual terms, understandings,
conditions, promises, covenants, and payments hereinafter set forth,
County and Sheriff agrees as follows:
1. The agreement entered into on December 15,2004 shall be amended
by revising Section 1. PAYMENTS, adding subsection (d) and subsection
( e) to read as follows:
(d) At the end of the county's fiscal year 2006 the County will make an
additional payment to reimburse the Sheriff in an amount not to exceed
$50,000 for program expenses over and above the amounts collected from
the Ordinance No. 016-2004, after those funds from the ordinance are fully
exhausted,
(e) At the end of each fiscal year after 2006 thru the ending date of this
agreement the County will make additional payments in the same manner as
described in section 1. (d). This is contingent upon an annual appropriation
by the Board of County Commissioners and is not to exceed the amount
determined by the County and adopted in the Annual Operating Budget for
that fiscal year.
2. All other provisions of the Agreement dated December 15, 2004, not
inconsistent herewith, shall remain in full force effect.
3. In Witness whereof, the parties have hereunto set their hands and
seal the day and year first written above.
(Seal)
Attest: Danny L. Kolhage, Clerk
Board of County Commissioners
Of Monroe County, Florida
By:
By:
Mayor/Chairman
Deputy Clerk
Monroe County Sheriff's Office.
By & okf ~ 4
Sheriff Richard D, Roth
Approved for legal sufficiency
For the Monroe County Sheriff Office
By: .//Z;/ /rJ-::??-~"'-~'~
Mark L. Willis, General Council
Date:
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 Sheriffs Office, this 15th day of December, 2004, entered into this
interlocal agreement under the authority of Chapter 163, Fla. Stat. (2004).
1. PAYMENTS.
a) Initial Payment. Upon execution of this agreement by both parties, the
Clerk of Court shall remit to the Monroe County Sheriff's Office twenty-five percent of the
collected additional court costs from the effective date of Ordinance No. 016-2004 (July
1, 2004) 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 ends September 30, 2009.
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 uniJaterally 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. MODI FICA nONS 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, 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.
7. HOLD HARMLESS/INDEMNIFICATION. The Sheriff~ 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 or preparation for litigation), and the payment of any and all of
2
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 perfonTIing their
respective functions under this Agreement within the territorial limits of the County shall
apply to the same degree and extent to the perfonnance of such functions and duties of
such officers, agents, volunteers, or employees outside the territorial limits of the
County.
10. NONDISCRlMINAnON. County and Sheriff's Office agree that there will be
no discrimination against any person, and it is expressly understood that upon a
detennination by a court of competent jurisdiction that discrimination has occurred, this
Agreement automatically tenninates 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
55. 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 55. 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 nondiscrimination on the basis of alcohol abuse or alcoholism;
7) The Public Health Service Act of 1912, 55. 523 and 527 (42 USC 55. 69Odd-3 and
29000-3), 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.
3
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.
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.
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 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.
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 Sheriff's Office agree to reform the Agreement to replace
any stricken provision with a valid provision that comes as dose 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 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 indude
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 drcuit 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 stiIJ 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.
4
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.
13. ETHICS CLAUSE: Sheriff's Office warrants that he has not emplOYed,
retained or otherwise had act on his 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 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 ones agency;
unauthorized compensation; misuse of public position, conflicting employment or
contractual relationship; and disclosure or use of certain information.
14. PUBUC 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-
Sheriff's 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
5
Section 287.017, for CATEGORY TWO for a period of 36 months from the date of being
placed on the convicted vendor list.
15. 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 the Sheriff's 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
Sheriffs Office, and this agreement has been approved by the Board of Directors of
Sheriff's Office or other appropriate authOrity.
16. NOnCE. 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: Sheriff Richard D. Roth
5525 College Road
Key West, FL 33040
For County:
John R. Collins and
County Attorney
P.O. Box 1026
Key West, FL 33041-1026
Thomas J. Willi
County Administrator
11 00 Simonton Street
Key West, FL 33040
17. 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.
18. NON-DELEGAnON OF CONSTITUnONAl OR STATUTORY DUnES.
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 partidpating 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.
19. NON-REUANCE BY NON-PARnES. 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 Sheriffs 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.
6
20. 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.
21. NO PERSONAL LIABIUTY. 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.
22. 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.
23. 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
execute(;L~e day and year first above written.
-_'-:-::21\;.~-~..,
(SEAL) (~~-....., "'"\ BOARD OF COUNlY COMMISSIONERS
ATTE~ \~NNt't."KOLHAGE, CLERK OF MONROE COUNTY, FLORIDA
ByJJ.,IfL/C'. ~ By: ~)U >n ~
Deputy lerk Mayor/Chairman
MONROE COUNTY ATTORNEY
~e~
~,<
SUZA N A. U ON
Dale ASSISTA~~'!210RNEY
UNTY SHERIFF'~~CE
· tJJ.d d ~
Sheriff Richard D. Roth
By
Approved for legal sufficiency for
the Monroe County Sheriff Office
~n RZ'A~~~ __
!!:p:~r.N-' 00
Mark l. Willis, Generl ounsel
;:.~; r;
,-- ,
l)' f'-
c)u.
c: :c.~ _....
.''''''-V
~. ~
:;< -.
-'1
r- i'.
;:,;.. I
\ -
jiaMCSOteen
r,
c
7