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Item P3County of Monroe <r BOARD OF COUNTY COMMISSIONERS � Mayor David Rice, District 4 IleOI1da Keys ��x t t 0. Mayor Pro Tem Sylvia J. Murphy, District 5 Danny L. Kolhage, District I P f,< George Neugent, District 2 a Heather Carruthers, District 3 County Commission Meeting May 16, 2018 Agenda Item Number: P.3 Agenda Item Summary #4168 BULK ITEM: Yes DEPARTMENT: County Attorney's Office TIME APPROXIMATE: STAFF CONTACT: Christine Limbert (305) 292 -3470 No AGENDA ITEM WORDING: Approval of Renewal to the Agreement for Misdemeanor Probation Service with Professional Probation Services (PPS) ITEM BACKGROUND: This renewal exercises the final extension option under the Agreement to September 1, 2019. PPS and the County entered into an Agreement for misdemeanor probation services dated August 20, 2014 (attached) by which the County retained PPS as the sole private entity to coordinate and provide certain probation services to the Monroe County Court. The Agreement provides for a renewal option of two (2) year extensions. The Renewal and Amendment 1 dated May 17, 2017 amended and extended the Agreement to September 1, 2018. Staff sought input from the Clerk, Public Defender, State Attorney and Court Administration on the services provided by PPS and there was no objection to renewing the Agreement and therefore staff is recommending that the BOCC approve the extension for the final one additional year period of the Agreement to September 1, 2019. PREVIOUS RELEVANT BOCC ACTION: 5/17/17- BOCC approved the Renewal and Amendment 1 to the Agreement; 8/20/14- BOCC approved Agreement for probation services with PPS; 6 /30 /14 -BOCC approved the award of the contract for misdemeanor probation services to PPS; 3/19/14- BOCC approved advertisement of the Request for Qualifications (Item Q5). CONTRACT /AGREEMENT CHANGES: extends for 1 final year under Agreement STAFF RECOMMENDATION: Approval DOCUMENTATION: STAMPED AND EXECUTED Renewal with PPS 5 16 18 Contract with PPS Amendment 1 and Renewal dated 5/17/17 Certifcate of Insurance stamped approved by Risk 4/27/18 FINANCIAL IMPACT: Effective Date: 5/17/17 Expiration Date: 9/1/18 Total Dollar Value of Contract: $0 (Cost is covered by Cost of Supervision collected by Contractor) Total Cost to County: $0 Current Year Portion: Budgeted: Source of Funds: CPI: Indirect Costs: Estimated Ongoing Costs Not Included in above dollar amounts: Revenue Producing: No If yes, amount: Grant: County Match: Insurance Required: Additional Details: N /A. This contract is covered by the Cost of Supervision that is collected by the Contractor REVIEWED BY: Bob Shillinger Completed 04/30/2018 5:09 PM Christine Limbert Completed 04/30/2018 5:51 PM Budget and Finance Completed 05/01/2018 8:39 AM Maria Slavik Completed 05/01/2018 8:40 AM Kathy Peters Completed 05/01/2018 10:20 AM Board of County Commissioners Pending 05/16/2018 9:00 AM Renewal of Agreement with PPS May 16, 2018 I W tko) 3 1 THIS RENEWAL is made and entered into this 16th day of May, 2018, 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 the agreement entered into on August 20 2014("Agreement"); WHEREAS, PPS and the County entered into an Agreement for Probation Services dated August 20, 2014, by which the County has retained PPS as the sole private entity to coordinate and provide certain probation services to the Monroe County Court; and WHEREAS, the Agreement provides for a renewal option of two (2) year extensions subject to approval of both parties; and WHEREAS, the parties entered into a Renewal and Amendment 1 to the Agreement dated May 17, 2017; and WHEREAS, the parties wish to exercise their option to extend the contract for the final extension period of one additional year period; NOW THEREFORE, in consideration of the promises and mutual covenants hereinafter set forth and other good and valuable consideration, the parties agree as follows: 1. The parties hereby agree to exercise the option to extend the contract for the second and final additional one year period under the Agreement to September 1, 2019. 2. The Agreement dated August 20, 2014, as renewed and amended by the Renewal and Amendment 1 to the Agreement dated May 17, 2017, remains in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this Renewal and Amendment as of the first day above mentioned. (SEAL) ME •11 Deputy Clerk Mayor Renewal of Agreement with PPS May 16, 2018 MR The foregoing instrument was acknowledged before me this ;27 ay of I 2018, by Clay Cox Who is ( ) personally known to me or ( ) produced a driver's license as identification. mI • I 1 0 CIUUSTM LMERT-BMMOWS ASSISTANTI��A ORNEY RI AGREEMENT FOR MISDEMEANOR PROBATION SERVICES BETWEEN MONROE COUNTY AND PROFESSIONAL PROBATION SERVICES, INC. THIS AGREEMENT is made and entered into on the day of August, 2014, by and between MONROE COUNTY (hereinafter "COUNTY "), a political subdivision of the State of Florida, and PROFESSIONAL PROBATION SERVICES, INC. (hereinafter "CONTRACTOR "), a Georgia Corporation registered to do business in the State of Florida. WITNESSETH WHEREAS, the COUNTY has determined that it is necessary, expedient, and in the best interest of the COUNTY to retain one or more providers to perform Misdemeanor Probation Services; and WHEREAS, the COUNTY issued Request for Qualifications in March 2014, to which the CONTRACTOR responded; and WHEREAS, Section 948.15, Florida Statutes, allows for a private entity to provide probation services to the COUNTY under contract; and WHEREAS, the COUNTY evaluated the qualifications received, found the CONTRACTOR qualified to perform necessary misdemeanor services and awarded the contract to CONTRACTOR; and WHEREAS, the CONTRACTOR has reviewed the consulting services required pursuant to the Agreement and is qualified, willing and able to provide and perform all such services in accordance with its terms; and NOW, THEREFORE, the COUNTY and the CONTRACTOR, in consideration of the mutual covenants contained herein, do agree as follows: I. SCOPE OF WORK A. The CONTRACTOR agrees to diligently perform Misdemeanor Probation Services, reporting, collection, documentation, reporting responsibilities and other requirements described in this Agreement B. The CONTRACTOR agrees to reevaluate the programs over the term of this Agreement as requested by the COUNTY or Chief Judge in order to provide the best service possible to the COUNTY and the 11P Judicial Circuit. II. TERM A. This Agreement shall commence on September 1, 2014 and shall continue for a period of three (3) years with the option of two (2) year extensions subject to approval of both parties. III. STAFFING A. The CONTRACTOR shall maintain adequate staffing levels to: (1) Attend Court at all times where probation in general or a probationer must appear, in order to enroll probationers and testify as to their progress in probation. (2) Provide proper liaison with the sentencing Court, Page 1 of 23 (3) perform the initial intake of persons placed on misdemeanor probation with the CONTRACTOR, (4) Properly supervise all persons placed on misdemeanor probation with the CONTRACTOR, (5) appear at all Court hearings involving a probationer supervised by the CONTRACTOR, (6) Maintain records and reporting requirements set by law and by this Agreement, and (7) Provide oversight of any offender placed on pre -trial diversion or "Back on Track ", (8) Collect, record, report, and distribute all payments as required under this Agreement. B. 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 16 Judicial Circuit, and, shall, upon disposition of the case by the 16 Judicial Circuit, assure that all required documents are timely filed and take action as ordered by the 16 Judicial Circuit. C. 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. Respondent shall list proposed the number of staff who will fulfill this requirement in each area. 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. D. 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. All offices shall comply with the requirements of the Americans with Disabilities Act as to accessibility (for example accessible exits and entrances, toilet facilities) and all other requirements of the act. Failure to comply with the regulations of this Act and its Amendments will result in breach of contract. CONTRACTOR agrees to indemnify and hold harmless Monroe County, the Board of County Commissioners, the 16 Judicial Circuit, and all their employees, supervisors, or other personnel, harmless from any and all liability which may result from failure to meet the requirements of this Act. E. Staff shall provide Face -to -Face contact, at a minimum, at the outset of supervision and prior to final report to the 16 Judicial Circuit 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. F. 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 sitting Chief Judges and solely within the judges' discretion. G. The CONTRACTOR shall clear all employees prior to hiring through a criminal background records check. A background check, including FCIC check, verification of relevant employment and claimed education shall be conducted for newly hired probation officers and Page 2 of 23 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 16` Judicial Circuit and the COUNTY. H. No later than thirty (30) days after the execution of this Agreement, the CONTRACTOR shall submit to the Court Administrator, or her designee, a list of the names of all probation employees, to be used by the CONTRACTOR in providing the services under this contract. 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 contract. I. The CONTRACTOR shall provide at its own expense all necessary personnel to provide the services under this contract. The probation personnel shall not be employees of or have any contractual relationship with the COUNTY, the, or any law enforcement agency. J. 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. K. All personnel engaged in performing services under this contract shall be fully qualified, and, if required, to be authorized or permitted under State and local law to perform such services. L. All probation officers and supervisors performing services under this contract shall possess a Bachelor's degree from an accredited college or university or have an equivalent combination of education and /or relevant experience. M. Each officer, director, principle, and probationary service employee shall provide an affidavit executed under oath, subject to the penalties for perjury established under Sect. 837.06, 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 be maintained by the CONTRACTOR and made available to the Court Administrator upon request. N. The CONTRACTOR has, and shall maintain throughout the term of this contract, 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. IV. OFFICES AND OFFICE HOURS A. 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 CONTRACTOR shall notify the probationers of its hours of operation, locations of offices, directions to offices and shall make reasonable efforts to notify probationers if the locations change. B. 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 contiguous 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 Page 3 of 23 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 and /or the staff member on -call is able to respond to a scheduled probationers' appointment on Saturday. V. OBLIGATIONS OF COUNTY A. The COUNTY shall designate a contract administrator, or Misdemeanor Probation Advisory Council to do all things necessary to properly administer the terms and conditions of this Agreement. It shall be the responsibility of the contract administrator or Misdemeanor Probation Advisory Council to make quarterly review of probationer files, review the financial records required from the CONTRACTOR, communicate with the Chief Judge, Clerk of Court, and Court Administrator and to CONTRACTOR if there are issues with probationer files, financial records, contract compliance or complaints in an effort to correct any issues. B. The COUNTY shall not provide any services to the CONTACTOR in connection with any claim or litigation brought on behalf or against the CONTRACTOR. VI. TERMINATION A. The COUNTY, pursuant to sub paragraph B of this SECTION, shall have the right at any time upon ten (10) calendar days' written notice to the CONTRACTOR to terminate the services of the CONTRACTOR and, in that event, the CONTRACTOR shall cease work and shall deliver to the COUNTY all documents, (including reports, files, probationer information, court orders, and all other data) prepared or obtained by the CONTRACTOR in connection with its services. B. The CONTRACTOR shall be given written notice of Termination and provided with the reason(s) for termination. CONTRACTOR shall provide a written reply in seven (7) days to the COUNTY. The parties shall meet within three (3) working days of that reply in order to determine if the reason for termination can be cured to the COUNTY's satisfaction, and the terms of that cure. If no agreement can be reached CONTRACTOR shall immediately provide reasonable daily access to all offices and personnel, turn over all file(s) immediately, work with probationers and any substitute CONTRACTOR for a period of Thirty (30) days. C. In the event that the CONTRACTOR has abandoned performance under this Agreement, then the COUNTY may terminate this Agreement upon three (3) calendar days written notice to the CONTRACTOR indicating its intention to do so. The written notice shall state the factual circumstances indicating the CONTRACTOR's abandonment. D. Either of the parties hereto may terminate this contract without cause by giving the other party ninety (90) days written notice of its intention to do so. If CONTRACTOR terminates under this provision it shall immediately turn over any and all documents requested by the COUNTY or substitute CONTRACTOR. E. The COUNTY reserves the right to terminate this Agreement in the event the CONTRACTOR is placed in either voluntary or involuntary bankruptcy or an assignment is made for benefit of creditors. VII. PROBATIONER RECORDS, REPORTING, FILING, AND COURT APPEARANCES A. 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, but not be limited to, the name of the probationer, case number, charge(s), Page 4 of 23 probation disposition, automated or other 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 shall be turned over to the COUNTY or it's designee under the terms of this Agreement. B. All collected fine and cost payments shall be remitted on a weekly basis to the Clerk of Court. The CONTRACTOR shall submit a weekly statement to the 16 Judicial Circuit or its representative and the Clerk of Court for the amount of fines, costs and restitution ordered by the 16 Judicial Circuit and collected by the CONTRACTOR from the Probationers. This report shall provide to the 16 Judicial Circuit collection data by area of the Florida Keys. C. The CONTRACTOR shall file petitions, warrants, orders or other pertinent documentation as ordered by the 16 Judicial Circuit related to the probationer or related to hearings before the 16 Judicial Circuit. Vlll. PAYMENTS TO THE CONTRACTOR FROM PROBATIONER(S) A. No payment of any kind shall be due from the COUNTY to CONTRACTOR under this Agreement. Furthermore, the COUNTY assumes not liability to CONTRACTOR for its cost of supervision or any uncollected fees. In addition, the COUNTY does not assure a minimum or maximum number of cases that will be available or directed to CONTRACTOR. B. CONTRACTOR is entitled to collect from each probationer, cost of supervision fees as may be ordered by the 16 Judicial Circuit and authorized by Florida Statute, or as set forth in any deferred prosecution agreement. The amount shall be increased only by written permission of the Chief Judge and may be reviewed annually. Nothing contained herein shall preclude CONTRACTOR from establishing a sliding scale fee for those probationers not able to meet the minimum cost of supervision fee established in Florida Statutes. C. The CONTRACTOR is entitled to collect from each probationer costs of supervision as may be ordered by the sentencing judge and as authorized by Florida Statute. This amount is established by the 16 Judicial Circuit, as of the date of this contract, at $45 per month per probationer. The 16 Judicial Circuit shall review this amount at least annually and may order an increase for new cases. D. The COUNTY, the Chief Judge, the Court Administrator, or the 16 Judicial Circuit, individually and collectively, does 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. E. The CONTRACTOR shall accept payments for restitution, fines, application fees 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 payments of fines, application fees, and court costs to the Clerk of Court as directed by the Clerk of Court, but not less than on a weekly basis. In any case in which less than the full amount of the fine and costs are collected, the CONTRACTOR shall request that the sentencing Judge instruct the CONTRACTOR as to proper disposition. CONTRACTOR shall collect the application fee for court appointed counsel and remit it to the Clerk of Court; pursuant to F.S. 27.52, the Clerk shall assign the first $50.00 of any fees or costs paid by the indigent person as payment of the application fee for court appointed counsel. F. The sentencing judge 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. Page 5 of 23 G. The CONTRACTOR shall place Priority on payment of restitution. CONTRACTOR shall make all restitution payments directly to the victims on a weekly basis and within 10 days of receipt of restitution from the probationer. In any case in which the victim cannot be located within thirty (30) days or in which less than the full amount of the restitution collected, the CONTRACTOR shall request that the sentencing Judge instruct the CONTRACTOR as to proper disposition. CONTRACTOR shall provide a report of the receipt and disposition of all restitution to the COUNTY, the Chief Judge, the Court Administrator, and Clerk of Court (or to the Misdemeanor Advisory Council if one has been designated by the Board of County Commissioners) on a monthly basis. G. A written document detailing procedures for handling collection of all offender fees and r estitution will be provided by the CONTRACTOR to the Chief Judge or his or her designee before beginning work on this Agreement and Chief Judge or his or her designee shall consider the procedures and determine if they are appropriate for the Circuit IX. PROBATION SUPERVISION, JOB ASSISTANCE, COURT ORDERS, COMMUNITY SERVICE WORK, VIOLATION OF PROBATION, "BACK ON TRACK" DUI PROGRAM, AND OTHER SERVICES TO PROBATIONERS. A. Supervision. (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 16 Judicial Circuit. 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, or by verification of proof of residency (valid utility bill not more than 45 days old) 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, unless specifically waived by the le Judicial Circuit. (2) General 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 le Judicial Circuit may alter the frequency of visits in individual cases. Attendance by the probationer at court ordered counseling sessions is also required. (3) Electronic Monitoring. The CONTRACTOR shall also be required to provide electronic monitoring of certain probationers as directed by the 16` Judicial Circuit. 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. B. 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 Chief Judge or his designee a written document detailing its job assistance procedures. Page 6 of 23 C. Court Orders. Proposed orders of probation violation, probation modification, and early termination shall be prepared by the CONTRACTOR and shall conform to a format adopted by the 16 Judicial Circuit. D. 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 has 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. E. Violation of Probation 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. (1) If the affidavit recommends revocation of probation, the affidavit must include the reasons therefore and the circumstance under which revocation is being recommended. (2) 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) 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. F. " BACK ON TRACK" DUI program and other services to probationers (1) CONTRACTOR shall provide a DUI Pre -Trial Diversion program at the direction of the State Attorney's office and the 16 Judicial Circuit. See Exhibit A, for Back on Track Procedure, Back on Track Diversion Program and associated forms. (2) The CONTRACTOR shall establish and on -line program by September 30, 2015 for marine /fishing type violations, to be set up by CONTRACTOR and approved by 16 Judicial Circuit. (3) Other services may be available to probationers as set out in Exhibit B to this agreement, other services shall be approved by the 16 Judicial Circuit prior to instituting them. Reporting of fees and costs shall be administered by CONTRACTOR using the procedure as outlined in this agreement. X. CONTRACTOR FINANCIAL RECORDS A. The CONTRACTOR shall maintain financial records capable of being audited of all fines, restitution, and supervision fees received, expended and disbursed by the CONTRACTOR. B. 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 her designee within one hundred twenty (120) days following the close of the CONTRACTOR's fiscal year. The certified Page 7 of 23 financial report shall be in such detail as to disclose the revenues, expenses, and disbursements relating to the services provided under this contract. Notes to the financial statements shall disclose noncompliance with requirements of this contract concerning conflict of interests. C. The CONTRACTOR shall also record and maintain statistical data concerning the number and types of cases being handled, terminated, and completed; the number of visits; the hours of community service performed by probationers; records shall be broken down into areas of the Keys (upper, middle and lower) and such additional information as may be required by the Chief Judge, the Court Administrator or COUNTY to assist them in evaluating the effectiveness of the Contractor's activities. In addition to other reports, a quarterly report shall be submitted to the Court Administrator or her /his designee, and to the Chief Judge pursuant to 948.15(3), Florida Statutes. D. The CONTRACTOR 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. E. The CONTRACTOR shall retain all records pertaining to this contract for a period of five (5) years after the termination of this contract. F. The COUNTY, the 16 Judicial Circuit, the State Auditor General, and agents or designees thereof shall have access to CONTRACTOR's books, records, and documents required by this contract for the purposes of inspection or audit during normal business hours, at the CONTRACTOR's place(s) of business. CONTRACTOR agrees that its records, unless specifically exempt are subject to the Florida Public Records law, XI. CONTRACTOR'S ACCEPTANCE OF CONDITIONS A. The CONTRACTOR hereby agrees that he has carefully examined the location of courthouse facilities for each area of the Keys, has investigated potential sites for probation offices, 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. B. The provisions of the Agreement shall control any inconsistent provisions contained in the exhibits, RFQ or responses thereto. C. CONTRACTOR agrees that all requirements of the Agreement have been read and carefully considered by the CONTRACTOR, who understands the same and agrees to their sufficiency for the work to be done. D. Any ambiguity or uncertainty in the Agreement shall be interpreted and construed in favor of the COUNTY. XII. HOLD HARMLESS AND INDEMNIFICATION A. The CONTRACTOR covenants and agrees to indemnify and hold harmless Monroe COUNTY, the Board of County Commissioners, Court Administration, any contract administrator, advisory council or designee and the 16 Judicial Circuit from any and all claims, actions, damages, fees, fines penalties, defense costs, suits or liabilities which may arise out of any act, neglect, error, omission or default of the CONTRACTOR arising out of or in any way connected with the CONTRACTOR's performance or failure to perform under the terms of this agreement. Page 8 of 23 B. The extent of liability is in no way limited to, reduced, or lessened by the insurance requirements contained elsewhere within this agreement. Nothing in this agreement shall be interpreted to in any way reduce or abrogate the limits set out in F.S. 768.28. XIII. INSURANCE A. Within fifteen (15) days of the execution of this Agreement, the CONTRACTOR shall procure and maintain, during the life of the Agreement, insurance listed in Exhibit "C" Insurance Specifications, attached hereto and incorporated herein. IX. INDEPENDENT CONTRACTOR A. 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. X. NONDISCRIMINATION A. 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. The CONTRACTOR agrees 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 -616), 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 USC ss. 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 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. XI. NO ASSIGNMENT /SUBCONTRACT A. 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 necessary. This paragraph shall be incorporated by reference into any assignment, should the COUNTY approve assignment, and any assignee 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 COUNTY. Page 9 of 23 XII. COMPLIANCE WITH LAW AND LICENSURE A. 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 COUNTY to terminate this contract immediately upon delivery of written notice of termination to the CONTRACTOR. B. The CONTRACTOR and staff shall possess proper licenses to perform work in accordance with this Agreement throughout the term of this contract. XIII. DISCLOSURE AND CONFLICT OF INTEREST A. 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 contract, as provided in Sect. 112.311, et. seq., Florida Statutes. Upon execution of this contract, and thereafter as changes may require, the CONTRACTOR shall notify the COUNTY 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. XIV. ARREARS A. The CONTRACTOR shall not pledge the COUNTY's credit or make it a guarantor of payment or surety for any contract, 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 contract. XV. NOTICE REQUIREMENT A. 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: FOR COUNTY 16 Judicial Circuit Administrator 302 Fleming Street Key West, FL 33040 and County Attorney PO Box 1026 Key West, Fl. 33041-1026 FOR CONTRACTOR: Professional Probation Services, Inc. 1770 Indian Trail Road, Suite 350 Norcross, GA 30093 Telephone No.678- 218 -4100 XVI. TAXES A. The COUNTY is 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 Page 10 of 23 to its suppliers for materials used to fulfill its obligations under this contract, 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. XVII. GOVERNING LAW VENUE INTERPRETATION, COSTS, AND FEES A. 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. B. 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 agree that venue will lie in the appropriate court or before the appropriate administrative body in Monroe County, Florida, unless the Court orders otherwise. XVIII. MEDIATION A. 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 16 Judicial Circuit. B. COUNTY and CONTRACTOR specifically agree that no party to this Agreement shall be required to enter into any arbitration proceedings related to this Agreement. XIX. SEVERABIUTY A. 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. XX. ATTORNEY'S FEES AND COSTS A. 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 court system. XXI. DISPUTES DISAGREEMENTS and Transfer of Operations A. 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. 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 COUNTY and Page 11 of 23 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. B. In the event PPS defaults for any reason provided for by this Contract, the 16 Judicial Circuit may, at its election and upon five (5) working days notice to PPS, take possession of all records and other documents generated by PPS in connection with this AGREEMENT, and the 16 Judicial Circuit may use the same in performance of the services described herein, PPS agrees to surrender peacefully said records and documents. The Court shall provide PPS with a written receipt of those items over which the 16 Judicial Circuit assumes exclusive control. PPS agrees that in the event it disputes the court's right to invoke the provisions of this paragraph, it will not seek injunctive or similar relief, but will negotiate a settlement of the matter with the COUNTY or Court, or seek its remedy in a court of competent jurisdiction, venue and jurisdiction for which is set out in this Agreement. If the case jurisdiction or venue is successfully challenged the parties agree to be heard in a court of competent jurisdiction in Dade County Florida. XXII. COOPERATION A. 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. XXIV. BINDING EFFECT A. 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. XXV. AUTHORITY A. 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. XXVI. CLAIMS FOR FEDERAL OR STATE AID A. 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. XXVII. PRIVILEGES AND IMMUNITIES A. 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 and State, 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. Page 12 of 23 XXVIII. NON - RELIANCE BY NON - PARTIES A. 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, 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. XXIX. ATTESTATIONS. A. CONTRACTOR agrees to execute such documents as the COUNTY may reasonably require, including 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. XXX. NO PERSONAL LIABILITY A. 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. XXXI. PUBLIC RECORDS and OPEN MEETING LAWS A. The CONTRACTOR acknowledges the requirement, insofar as it may be deemed to be acting on behalf of either the COUNTY or, to comply, when applicable with Florida public records and open meetings law, Chapter 119 and 286 of the Florida Statutes and Article I Section 24 of the Florida Constitution. XXXII. ENTIRE AGREEMENT A. This Agreement, including its exhibits attached hereto and incorporated herein by reference, constitutes the entire understanding and agreement between the parties hereto and supersedes any and all agreements, whether written or oral, that may exist between the parties regarding same. No amendment or modification to this Agreement or waiver of any provisions shall be effective unless in writing and executed with the same formalities as this Agreement. XXXIII. A. 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 signing any such counterpart. XXXIV. SECTION HEADINGS A. 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. Page 13 of 23 IN WITNESS WHEREOF the parties hereto have executed this Agreement on the day and date first written above in four (4) counterparts, each of which shall, without proof or accounting for the other counterparts, n original contract. HEAVILIN, CLERK Deputy Clerk BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, IDA or By: ayor /Chairman Date: lixop"t ap a DI�F FOR CONTRALTO By: By: rr ����� WITNESS #1 Person w' Authority to Bind C Print Name: 44 - �j Print ame: PJ Title: _ €xec -+V— V- P. Title: Date: S Date: By: Z��Q WITNESS #2 Print Name: o ry / K e r1 (i c� Title: V Date: MONROE NTY AT AAS TO ASSISTANT COUNTY ATTORNEY Date / ca l Page 14 of 23 EXHIBIT "An BACK ON TRACK (Exhibit A consists o§pages) Page lo2 BACK ON TRACK PROCEDURE ➢ Back on Track Program (BOT) will be available at the first Docket Sounding and before any substantive motions have been filed. ➢ For any cases currently pending, BOT will be available for up to 30 days after the next docket sounding and before any new substantive motions are filed. ➢ Prosecutors will review each DUI and Defendants may enter into the program with a referral made out by prosecutors. (White copy to Prosecutors, Yellow to Court Options, Pink to Defendant or their Attorney) ➢ Defendant executes all documentation for BOT including a waiver of speedy trial which will be filed with the court. ➢ The contract executed by Defendant will have the original go to the Court with copies going to Court Options, prosecutor, and Defendant or their attorney ➢ Once BOT completed, the case will be put back on the Court's calendar. The prosecutor will file a Reckless Driving Information (316.192(1)). Defendant will appear and plea guilty or, if unable to appear, may plea in absentia. ➢ Court will enter a Withhold of Adjudication and no further sanctions. : EXHIBIT I-A- - 0 BACK ON TRACK DUI DIVERSION PROGRAM A Safe Driving Initiative of the Monroe County Office of the State Attorney Admission Criteria First time DUI offenders who meet the following criteria will be diverted to the program: 1. The defendant must have no prior alcohol related driving history where the disposition is either withhold of adjudication or a conviction. 2. The defendant may not have any felony convictions or misdemeanor convictions. 3. The defendant may have completed no more than one misdemeanor diversion program and no felony diversion programs. 4.. The Defendant must not have been involved in an accident. 5. There must not have been any minor children in the vehicle at the time of the arrest. 6. Defendants who are arrested for DUI during the period of a suspended license will be denied admission into the program. 7. Defendant may not have a Breath, Blood, or Urine Alcohol content of .25 or higher 8. Defendant may not have any Felony charges in addition to the charge of Driving Under the Influence. Assuming the defendant meets the criteria set out above, the defendant will qualify for either the Tier One or Tier Two DUI Diversion program. The qualifications and program requirements are set out in the table below: Tier Tier One Tier Two Breath/Blood Limit Breath/Blood Average Breath/Blood Average .15 below .15 or higher OR Refusal of breath, blood or urine test. Program Length 9 Months 12 Months Vehicle Action 10 day vehicle impound 3 month ignition interlock ' OR 10 day impound AND 30 Day SCRAM bracelet DUI School Level 1 DUI School Level l DUI School Substance Abuse Evaluation Required through the DUI Required through the DUI School School Court Costs $548.00 $548.00 Cost of Prosecution $50.00 $50.00 Cost of Supervision $500.00 $650.00 Cost Recovery to Law Enforcement As requested by law As requested by law enforcement enforcement Community Service 40 hours 60 hours Victim Impact Class VIP Class VIP Class No Alcohol While in No Alcohol While in Diversion (with Random Diversion (with Random Testing) Testing) Regardless of the Tier, defendants must complete the DUI School requirement within 5 months of their referral into the program. In addition, defendants must comply with mandated counseling, as deemed by the DUI School evaluation, by the end of their program term. All defendants must report to their supervising agency Packet Pg. 2515 once a month and are subject to random drug and alcohol testing at an additional charge. Any client that tests positive for drugs or alcohol will be bounced out of the program. D UI Diversion Screening & Enrollment Cases will be screened by the supervising agency (Court Options) pre - arraignment through a review of all DUI arrest forms for eligibility criteria and a thorough review of criminal background checks. Defendants meeting criteria requirements could be sent letters offering Defendants an opportunity to enroll pre - arraignment. Enrollment could also occur in Court at the DUI arraignment calendars. At arraignment calendars the ASA will complete a PTD referral form. The enrollment period would allow for all conditions to be completed and/or for supervision to be completed no less than nine (9) months and no longer than one (1) year after the enrollment date. Each enrollment contract would express an expectation that all conditions would be satisfied within the required term as outlined in the chart above. The diversion provider must submit a referral to the DUI School indicating the DUI School level required. Out of State Defendants Defendants, who are arrested in Monroe County, but live outside of the county will be allowed to participate in the program. All efforts will be made to have the client personally attend their intake with the supervising agency. However, exceptions will be made to avoid significant hardship. Defendants will be required to report monthly by phone. The defendant will have to locate and provide information on the DUI School and Victim Impact Class that they are planning to attend in their area of residence. The DUI School and Victim Impact Class will have to be the general equivalent of the school requirement in Florida as far as length and subject matter. All condition for the program must be met including a substance abuse evaluation. A copy of the evaluation, as well as the recommendation for counseling, if any, must be provided to the supervising agency within 5 months of the referral. The DUI School will require and approve all outside providers for credentials and qualifications to conduct an evaluation. Qualifications for evaluators are either licensure as a mental health professional or certification in their state of employment as a DUI Evaluator, Program Costs, and Fees The following is the approximate amount of costs to the defendant associated with the program. Tier Tier One Tier Two Vehicle Action 10 -day impound- 3 month Interlock - $150.00(Boot) $250 $350.00 (Impound) OR 10 day impound AND 30 Day SCRAM bracelet(Bracelet is $10 per Da DUI School $264.00 $264.00 Treatment if Required $300.00- 500.00 $300.00- 500.00 Cost of Prosecution $50.00 $50.00 Cost of Supervision $500.00 $650.00 Court Costs $548.00 $548.00 Drug Testing $5.00 -40.00 $5.00 -40.00 Cost Recovery to Law Enforcement As requested by law As requested by law enforcement enforcement Total Cost $1800 -2000 $2400 -2700 Cost are approximate and do not include cost recdvery for investigative costs which vary by case. In order to make the diversion program accessible to all populations, cost reduction or fee waivers will be available to indigent participants. Diversion providers will review partial or full fee waiver requests from indigent defendants to reduce or eliminate the cost of supervision. DUI Schools also offer full or partial waivers with proof of indigent status. In addition, treatment providers offer services on a sliding fee scale. DUI Diversion Supervision & Final Case Dispositions Defendants who complete all program requirements will receive a withhold of adjudication on a reduced charge of Reckless Driving. Once a letter of successful completion is received by the Clerk of Court, the cases will be calendared at the time of disposition in order for the defendant to be fingerprinted and for a complete colloquy. If a Defendant does not successfully complete the program the case would be placed on calendar for trial. The diversion provider must submit paperwork detailing the reason for the revoke. Defendants that complete everything except treatment by the end of the program term will be successfully completed with proof that they are enrolled in treatment. Re- enrollment would only be available in limited circumstances subject to the limitations outlined within the diversion enrollment contract. Revised 5/31/13 Catherine Vogel State Attorney 16" Judicial Circuit IN THE COUNTY COURT OF THE SIKTEENTH JUDICIAL CIRCUIT IN AND FOR MONROE COUNTY, FLORIDA STATE OF FLORIDA, VS. Defendant. admit that on the day Of , 20 , I was driving or in actual physical control of a motor vehicle and that I was UNDER THE INFLUENCE of alcohol or a chemical or controlled substance to the extent that my normal faculties were impaired, or with a breath and/or blood alcohol level of 0.08 or above. 2. I acknowledge that in order to successfully complete the Back on Track Program and receive a withhold of adjudication on a charge of reckless driving, I agree to fulfill all the conditions of the Back on Track Program contract and I have read all of those conditions or they were read to me. The decision as to whether or not I am in compliance or have violated the conditions of the program will remain in the discretionary judgment of the State Attorney's Office. 3. My signature on this document is proof of my understanding that if I fail to complete the conditions of the Back on Track Program, my DUI case may be sent back to court for prosecution and may be tried by a judge or jury. Additionally, I expressly waive any and all evidentiary objections to the admission of this document in evidence in any subsequent criminal court proceeding related to this case. 4. I also understand that In the event I do not successfully complete the Back on Track Program the State may choose to offer this signed STATEMENT OF PERSONAL RESPONSIBILITY in evidence in my DUI prosecution and I will not object to its admission in evidence. I understand that this STATEMENT OF PERSONAL RESPONSIBILITY is a condition Case Number STATEMENT OF PERSONAL RESPONSIBILITY of my participation in the Back on TrackProgram and was not made in furtherance of the plea negotiations or plea offer in this case. My entry into the program could cause a delay in the prosecution of my case, and that delay could be prejudicial to the State of Florida I was informed that I had the option of consulting an attorney of my choice prior to signing this statement. Defendant's Signature STATE OF _ COUNTY OF THE FOREGOING Statement of Personal Responsibility was acknowledged before me this day of . 201 by who is personally known to me or who supplied as valid identification. (seal) Date NOTARY PUBLIC Packet Pg. 2518 IN THE COUNTY COURT OF THE SIXTEENTH JUDICIAL CIRCUIT IN AND FOR MONROE COUNTY, FLORIDA STATE OF FLORIDA, Plaintiff, VS. Defendant. Back On Track Program Waiver of the Right to a Speedy Trial I understand that: • I have been conditionally accepted to participate in the Back On Track Program. • If a victim or police officer involved in my case objects to participation in the program, the State Attorney's Office may return my case to court for prosecution. Once accepted into the Back On Track Program, I understand that: 0 As long as I am a compliant participant in the program, the charges against me will be deferred. • While I am a compliant participant in the program, my case will not go to trial. s If I do not fully comply with the rules and conditions of the Back On Track Program, which have been explained to me and to which I agree to follow, my case will be returned to court for prosecution. I further understand that I have the right to have my case brought to a speedy trial under Florida Rule of Criminal Procedure Section 3.191 within 90 days of arrest. I understand that by choosing to participate in this program I will be giving up that right to a speedy trial so that I will have time to successfully complete the Back On Track Program. With full understanding, I hereby freely, knowingly, and voluntarily waive my right to a speedy trial pursuant to Florida Rules of Criminal Procedure 3.191(a), the Florida Constitution, and the United States Constitution. Defendant's Signature - Date STATE OF _ COUNTY OF THE FOREGOING Waiver of Speedy Trial was acknowledged before me this day of , 201 by who is personally known to me or who supplied as valid identification. (seal) Case Number Charge(s): NOTARY PUBLIC Packet Pg. 2519 EXHIBIT " - other pssbeservices (Ex�btBcnssBo4pages) Page io2 OTHER POSSIBLE SERVICES DUI Schools In the case of DUI schools, PPS pursuant to law provides probationers with the DHR lists of approved DUI schools, and PPS work closely with the Court and local providers in an effort to ensure professionalism at all times and require that they complete the program promptly. PPS will require each probationer ordered to attend DUI School to provide PPS with a copy of their certificate of completion for his/her file. Certificates are scanned and become part of the electronic file as well and can be viewed by the Court on line by accessing the PPSI OTS system. PPS will notify the court of any services rendered by third party DUI School or treatment providers that are less than professional. PPS has developed specific programs designed to promote the probationer's success in completing their court ordered conditions of probation. Therefore, we do offer the following internal programs to the probationer, and refer probationers to community based agencies for evaluations and treatment- only as ordered by the court. PPS ensures attendance and compliance with the directives for treatment with all third party agencies and notifies the court of the probationer's compliance or failure. Under the Influence (for adults] This online course is used in college towns, spring break resorts with out -of -town visitors, and in any community where underage drinking and public intoxication by young adults is a problem. Most of the individuals taking this course are first- offenders and are either in the workplace or going to school. Alcohol -Wise dV (for iaveniles] This online alcohol education course is for teens 17 and younger charged with an underage drinking violation. Alcohol -Wise JV is a sensible option to the classroom -based alcohol education classes offered in many communities. A number of research studies suggest that aggregating young drinkers into a group may actually have a detrimental effect on participants. Peer pressure is also evident when groups of teens get together in these classes. Mariiaana 10>t Marijuana 101 is offered by courts as a sanction for misdemeanor marijuana or drug paraphernalia. Lesson topics explore the impact of marijuana use on personal health, workplace safety, academic performance, future earnings, driving under the influence, and social behavior. The course offers guidelines to help individuals who want to move away from marijuana use. STOPUftina.com STOPLifting.com is an online education course designed specifically for shoplifters. The purpose of the course is to provide facts about shoplifting, personalized feedback to the student taking the course, and skills training to help the shoplifter change their attitude and behavior about the crime of shoplifting. STOPLifting.com is a unique online theft education course. The course is written in a motivational interviewing style and incorporates many of the brief intervention techniques used in 3rd Millennium's alcohol and drug education courses. STOPLifting.com is made up of 5 lesson modules and can be completed in about 3 hours. We offer an adult and juvenile version of this course. EXHIBIT Parent Alcohol and Druz Education Course (Parent -Wise) 11 An online alcohol & drug education course for parents. The course is made up of 4 lesson modules and can be completed in less than one hour. The parent can also log in and out of the 15 minute lesson modules if time is a factor. Research studies clearly show that parent involvement contributes to a significant decrease in alcohol and drug - related consequences for their child. Parent -Wise includes current alcohol & drug information and helps parents have an informed conversation with their teen. In Parent -Wise, we offer guidelines to help establish talking points, boundaries, and a stronger relationship with their child. Parent -Wise is available in both English and Spanish. Now What? This program is a probationer's guide to cognitive restructuring, by William H. Dodd. This workgroup guides the user in a journey of developing new and effective habits that lead to life improvement, self - reliance, and law abiding behavior. PPS offers a standard house arrest/curfew monitor system that requires the defendant to wear an anklet monitored by an RF unit in the offender's home. The defendant is restricted to their residence by the unit which immediately notifies PPS in the event of the defendant leaving their home. The PPS House Arrest Program will maintain and provide accurate status reports, documenting reliably and continuously each offender's departure and return. The scheduling feature allows for the offender to attend work, church, school, or any other scheduled event. Schedule changes can be made upon request at any time upon verification of the need for the schedule change, and upon occasion, approval by the Court. All violations are immediately reported to the Court by way of a delinquency report and monitoring station printout. Anklet Electronic Monitoring with Breath Alcohol Testing (optional) The standard RF monitor can be coupled with a voice verification device which during the voice recognition process, simultaneously takes a breath alcohol sample, and immediately reports the results to the PPS monitoring center. TheL Voice Verification Monitoring System The VVM uses voice recognition and voice recording to eliminate false violations and increase system credibility. This system can also compliment ankle bracelets, provide for fast and easy enrollment, and is economical by not requiring any additional equipment. To utilize the VVM, defendants need only to have a touch -tone phone and are charged according to an as -need basis established by the probation department and the Judge. The PPS monitoring center averages ten calls per 24 -hour period. 0 Domestic Violence Electronic Monitoring and Deterrencd PPS provides electronic monitoring of domestic violence offenders. This state of the art technology allows the victim to have a device in his/her home that will alert and automatically dial "911" if the offender comes within 250 feet of the victim's residence. Additionally, while the victim is away from home he/she carries a portable detection device, no larger than a key chain, which alerts if the offender is within 100 feet. i - Z M I i 7 IZ i , MI TTI -U = PPS offers the very latest in GPS monitoring that is a 100% "Active" monitoring device. The probationer's movements are monitored 24 hours per day, seven days per week, and the activity is archived digitally and can be viewed in real time, not only by our monitoring center, but by our }' contracted court officials as well. The anklet wom with our GPS unit is tamper and water proof similar to our standard RF unit. PPS can even establish "exclusionary zones" and notify probationers if they approach such a zone as they are being monitored. PPS exclusively offers alcohol testing with its GPS monitor, testing for alcohol with a trans - dermal sensor located in the anklet itself. i : i, 1 t17. T .._771.� The PPS monitoring host computer automatically calls the participant, giving him/her clear instructions OR the testing' schedule loaded into the unit automatically alerts the participant to begin the test procedure. The procedure requires that the participant blow into a disposable straw. Breathe Alcohol Test results are transmitted to the monitoring center host through standard phone lines or by cellular connection. The Home Station also photographs the =- participant at the time of testing and relays the image to the PPS monitoring center. PPS verifies the photograph with the digital photo taken at sentencing by PPS intake staff, and are used to verify participant identity. Appropriate action is taken if the participant fails the alcohol test, the photos don't match, or the participant fails to comply with breath alcohol testing parameters. PPS Drug Screen Capabilities offer the Court Lab Verification- in our 081e PPS now features an on -site urinalysis lab for drug and alcohol . screenings utilizing the ADVIA drug screening system by Siemens. `�•..� This system allows PPS staff to ascertain the use of any illicit l substance, including alcohol with accurate and indisputable blood" level readings. We can also conduct confirmatory screens for any disputed field tests. 1 r PPS also offers, at a lesser price per screen, field screens for alcot Alcohawk device. PPS staff members are also certified by the manufacturer to also utilize ASC's REVEAL CUPS for 8 different illicit drugs, which PPS routinely conducts in the field while enforcing conditions of intensive probation. iol using the ReMO EXHIBIT "C" INSURANCE REQUIREMENTS RISK MANAGEMENT POLICY AND PROCEDURES CONTRACT ADMINISTRATION MANUAL General Insurance Requirements for Other Contractors and Subcontractors As a pre- requisite of the work governed, or the goods supplied under this contract (including the pre- staging of personnel and material), the Contractor shall obtain, at his/her own expense, insurance as specified in any attached schedules, which are made part of this contract. The Contractor will ensure that the insurance obtained will extend protection to all Subcontractors engaged by the Contractor. As an alternative, the Contractor may require all Subcontractors to obtain insurance consistent with the attached schedules. The Contractor will not be permitted to commence work governed by this contract (including pre - staging of personnel and material) until satisfactory evidence of the required insurance has been furnished to the County as specified below. Delays in the commencement of work, resulting from the failure of the Contractor to provide satisfactory evidence of the required insurance, shall not extend deadlines specified in this contract and any penalties and failure to perform assessments shall be imposed as if the work commenced on the specified date and time, except for the Contractor's failure to provide satisfactory evidence. The Contractor shall maintain the required insurance throughout the entire term of this contract and any extensions specified in the attached schedules. Failure to comply with this provision may result in the immediate suspension of all work until the required insurance has been reinstated or replaced. Delays in the completion of work resulting from the failure of the Contractor to maintain the required insurance shall not extend deadlines specified in this contract and any penalties and failure to perform assessments shall be imposed as if the work had not been suspended, except for the Contractor's failure to maintain the required insurance. The Contractor shall provide, to the County, as satisfactory evidence of the required insurance, either: • Certificate of Insurance Or • A Certified copy of the actual insurance policy. The County, at its sole option, has the right to request a certified copy of any or all insurance policies required by this contract. Page 17 of 23 All insurance policies must specify that they are not subject to cancellation, non - renewal, material change, or reduction in coverage unless a minimum of thirty (30) days prior notification is given to the County by the insurer. The acceptance and/or approval of the Contractor's insurance shall not be construed as relieving the Contractor from any liability or obligation assumed under this contract or imposed by law. The Monroe County Board of County Commissioners, its employees and officials will be included as "Additional Insured" on all policies, except for Workers' Compensation. Any deviations from this General Insurance Requirements must be requested in writing on the County prepared form entitled "Request for Waiver of Insurance Requirements" and approved by Monroe County Risk Management. Page 18 of 23 M ' WORKERS' COMPENSATION INSURANCE REQUIREMENTS FOR CONTRACT:_ BETWEEN MONROE COUNTY, FLORIDA AND PROFESSIONAL PROBATION SERVICES, INC. (PPS) Prior to the commencement of work governed by this contract, the Contractor shall obtain Workers' Compensation Insurance with limits sufficient to respond to the applicable state statues. In addition, the Contractor shall obtain Employers' Liability Insurance with limits of not less than: $100,000 Bodily Injury by Accident $500,000 Bodily Injury by Disease, policy limits $100,000 Bodily Injury by Disease, each employee Coverage shall be maintained throughout the entire term of the contract. Coverage shall be provided by a company or companies authorized to transact business in the state of Maryland. If the Contractor has been approved by the Florida's Department of Labor, as an authorized self - insurer, the County shall recognize and honor the Contractor's status. The Contractor may be required to submit a Letter of Authorization issued by the Department of Labor and a Certificate of Insurance, providing details on the Contractor's Excess Insurance Program. If the Contractor participates in a self- insurance fund, a Certificate of Insurance will be required. In addition, the Contractor may be required to submit updated financial statements from the fund upon request from the County. Page 19 of 23 Fri GENERAL LIABILITY INSURANCE REQUIREMENTS FOR CONTRACT: BETWEEN MONROE COUNTY, FLORIDA AND AND PROFESSIONAL PROBATION SERVICES, INC. (PPS) Prior to the commencement of work governed by this contract, the Contractor shall obtain General Liability Insurance. Coverage shall be maintained throughout the life of the contract and include, as a minimum: • Premises Operations • Products and Completed Operations • Blanket Contractual Liability • Personal Injury Liability • Expanded Definition of Property Damage The minimum limits acceptable shall be: $1,000,000 Combined Single Limit (CSL) If split limits are provided, the minimum limits acceptable shall be: $100,000 per Person $300,000 per Occurrence $ 50,000 Property Damage An Occurrence Form policy is preferred. If coverage is provided on a Claims Made policy, its provisions should include coverage for claims filed on or after the effective date of this contract. In addition, the period for which claims may be reported should extend for a minimum of twelve (12) months following the acceptance of work by the County. The Monroe County Board of County Commissioners shall be named as Additional Insured on all policies issued to satisfy the above requirements. Page 20 of 23 * . VEHICLE LIABILITY INSURANCE REQUIREMENTS FOR CONTRACT: BETWEEN MONROE COUNTY, FLORIDA AND PROFESSIONAL PROBATION SERVICES, INC. (PPS) Recognizing that the work governed by this contract requires the use of vehicles, the Contractor, prior to the commencement of work, shall obtain Vehicle Liability Insurance. Coverage shall be maintained throughout the life of the contract and include, as a minimum, liability coverage for: • Owned, Non - Owned, and Hired Vehicles The minimum limits acceptable shall be: $300,000 Combined Single Limit (CSL) If split limits are provided, the minimum limits acceptable shall be: $100,000 per Person $300,000 per Occurrence $ 50,000 Property Damage The Monroe County Board of County Commissioners shall be named as Addit Insured on all policies issued to satisfy the above requirements Page 21 of 23 F . MONROE COUNTY, FLORIDA RISK MANAGEMENT POLICY AND PROCEDURES CONTRACT ADMINISTRATION MANUAL WAIVER OF INSURANCE REQUIREMENTS There will be times when it will be necessary, or in the best interest of the County, to deviate from the standard insurance requirements specified within this manual. Recognizing this potential, and acting on the advice of the County Attorney, the Board of County Commissioners has granted authorization to Risk Management to waive and modify various insurance provisions. Specifically excluded from this authorization is the right to waive: • The County as being named as an Additional Insured —If a letter from the Insurance Company (not the Agent) is presented, stating that they are unable or unwilling to name the County as an Additional Insured, Risk Management has been granted the authority to waive this provision. And • The Indemnification and Hold Harmless provisions Waivina of insurance provisions could expose the County to economic loss. For this reason, every attempt should be made to obtain the standard insurance requirements. If a waiver or a modification is desired, a Request for Waiver. of Insurance Requirement form should be completed and submitted for consideration with the proposal. After consideration by Risk Management and if approved, the form will be returned, to the County Attorney who will submit the Waiver with the other contract documents for execution by the Clerk of the Courts. Should Risk Management deny this Waiver Request, the other party may file an appeal with the County Administrator or the Board of County Commissioners, who retains the final decision - making authority. Page 22 of 23 INSURANCE REQUIREMENTS: Worker's Compensation As required by Florida Statute $100,000 Bodily Injury by Acc. $500,000 Bodily Inj. by Disease, policy limits $100,000 Bodily Inj. by Disease, each emp. General Liability, including $300,000 Combined Single Limit Premises Operation Products and Completed Operations Blanket Contractual Liability Personal Injury Liability Expanded Definition of Property Damage Vehicle Liability $100,000 per Person (Owned, non -owned and hired vehicles) $300,000 per Occurrence $ 50,000 Property Damage $300,000 Combined Single Limit Page 23 of 23 e RENEWAL 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 th , 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 7 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. 1 I NESS WHEREOF, the parties hereto have executed this Renewal and " Amendfas of the first day above mentioned. (SEA1�°�� Clerk:, VIN MADOK MONROE COUNTY BOARD OF COUNTY COMMISSIONERS 4 Deputy Clerk ayor co C) Z =. = r— M PROFESSION L P ON CES M. 'C a� o Clay Cox hief Executive fficer Wit? Z M ..- n o ST T e regoing instrument was acknowledged before me this day of r v Q` ;;0 ° 2017, by Clay Cox Who is ( ) personally known to me or ( ) produced a driver's license as identification. NOT RY PUB , STATE OF Kimbedy W. Batmister Print, type of sl>i G#UVc ioned name of notary Gwinnett County, Georgia MONROE COUNTY ATTORNEY My Commission Expires AS T FORM: September 12, 2020 T P7.RTED CHRISTINE M. LIMSERT -BARRO S ASSISTANT C UNT ATTORNEY Date _ �l I l 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 Sutter, McLellan, & Gilbreath, Inc. 1424 North Brown Road Suite 300 Lawrenceville GA 30043 -8107 INSURED Cox Corrections X LLC; Professional Probation Sery Judicial Corrections Services, LLC Suite 350 NAME: L1nda Mitchell CIC INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS PHONE A/C No El (770)246 -8300 AIC No (770)246 -8301 ADDRESS: lmitchell@ smginsurance . com TYPE OF INSURANCE P INSURER(S) AFFORDING COVERAGE POLICY NUMBER POLICY EFF P NAIC # INSURERA:Travelers Indemnity Co of Amer 25666 INSURER B :Evanston INSURER C : BE Insurance Corporation 39217 INSURER D :Crum & Forster INSURER E : Norc G 30093 INSURER F COVERAGES r;=PTIFIrATr- All IMRFD•7n7 A -7n1 7 --i —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 A TYPE OF INSURANCE P ADDL SUBR POLICY NUMBER POLICY EFF P POLICY EXP LIMITS X COMMERCIAL GENERAL LIABILITY E EACH OCCURRENCE $ $ 1,000,00C WAIVER N /A YES. CERTIFICATE HOLDER CANCELLATION Limbert Christine @MonroeCo Monroe County Board of County Commissions 1111 12th Street, Suite 408 Key West, FL 33040 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE M Jaynes CSP /LINDAM C :_ ` r r t r n ©1988 -2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014/01) The ACORD name and logo are registered marks of ACORD INS025(201401) 79 DATE (MMIDDNYYY) ACC>R" CERTIFICATE OF LIABILITY INSURANCE 7/10/2017 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 C NTACT Linda Mitchell CSC NAME: Sutter, McLellan, & Gilbreath, Inc. HONE Ext. (770)246 -8300 Fw c.Noc (678)802 -3971 1424 North Brown Road a nRie : lmitchell @smginsurance.com Suite 300 INSURERS; AFFORDING COVERAGE NAIC# Lawrenceville GA 30043 - 8107 INSURERA:Travelers Indemnit Co. 25658 INSURED INSURER B :Evans ton Cox Corrections X LLC INSURERC: BE Insurance Corporation 139217 Georgia Probation Management INSURERD: & Forster 1770 Indian Trail Road Suite 350 INSURER E: Norcross GA 30093 INSURER F: COVERAGES CERTIFICATE NUMBER:2017 -2018 REVISION NUMBER: 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. I R TYPE OF INSURANCE - ADDL SUBR POLICY NUMBER (MWDDYIYYYY POLIC tf LTR .. LIMITS X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 A CLAIMS -MADE X OCCUR DAMAGE TO RENTED PREMISES (Ea occurrence) $ _ 300 000 X 16608P0788761ND17 6/24/2017 6/24/2018 MED EXP (Any one person) $ 5 000 AP" "V Y Ri " ° � PERSONAL & ADV INJURY $ Excluded GEN`L AGGREGATE LIMIT APPLIES PER: 4 GENERAL AGGREGATE $ 2,000,0 00 X POLICY J E° LOG Y _ RODUCTS- COMPtOPAGG $_ 2, 000,DOC OTHER: AT $ AUTOMOBILE LIABILITY WAIVER I�id Y COMBINED SINGLE LIMIT (Ea accident) $ 1, 000, 000 ANY AUTO BODILY INJURY (Per person) $ A ALL OWNED SCHEDULED 16608FO78876IND17 6/24/2017 6/24/2018 AUTOS BODILY INJURY (Per accident) $ X X SWNED (Perr $ HIR DSAUTOS AUT a acEcidTentDAMAGE $ X UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 1,000,000 B EXCESS LIAB CLAIMS-MADE AGGREGATE $ 1 DIED X RETENTION$ 10,000 XOBW6628916 6/24/2017 6/24/2018 $ WORKERS COMPENSATION PER EH R AND EMPLOYERS' LIABILITY Y IN ANY PROPRIETORtPARTNER/EXECUTIVE E.L. EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? N/A _- _- (Mandatory in NH) E.L. DISEASE - EA EMPLOYEE S _ If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ C Errors & Omissions QPL0240710 7/8/2017 7/8/2018 Per Claim & Aggregate $2,000,000 D Employee Dishonesty 626- 035805 -1 9/1/2017 9/1/2018 Policy Limit $100,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, maybe attached If more space Is required) Monroe County Board of County Commissioners is an additional insured as defined by the policy as respects General Liability when required by written contract. Cancellation clause cannot be amended. CERTIFICATE HOLDER Limbert- Christine@MonroeCo Monroe County Board of County Commissione 1111 12th Street, Suite 408 Rey West, FL 33040 ACORD 26 (2014101) INS026 (2o14o1) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE M Jaynes CSP /LINDAM ����✓'�� <f- ©1988 -2014 ACORD CORPORATION. All rights reserved The ACORD name and logo are registered marks of ACORD