08/21/2019 Agreement "\
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�`` Kevin Madok, CPA
eo:'JJJ*.' �'�,i�1* Clerk of the Circuit Court& Comptroller— Monroe County, Florida
DATE: August 27, 2019
TO: Kathy Peters, CP
County Attorney's Office
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FROM: Pamela G. Hanc‘c ;►.C.
SUBJECT: August 21st BOCC Meeting
Attached is an electronic copy of the following item for you handling:
P12 Agreement with Court Administration of the 16th Judicial Circuit to operate and
manage the Misdemeanor Probation Program.
Should you have any questions,please feel free to contact me at (305) 292-3550.
cc: Finance
File
KEY WEST MARATHON PLANTATION KEY PK/ROTH BUILDING
500 Whitehead Street 3117 Overseas Highway 88820 Overseas Highway 50 High Point Road
Key West,Florida 33040 Marathon,Florida 33050 Plantation Key,Florida 33070 Plantation Key,Florida 330'
305-294-4641 305-289-6027 305-852-7145 305-852-7145
INTERLOCAL AGREEMENT
BETWEEN
COURT ADMINISTRATION FOR THE 16TH JUDICIAL CIRCUIT
AND
MONROE COUNTY, FLORIDA
THIS INTERLOCAL AGREEMENT is made and entered into on the 21st day of August 2019, by and
between MONROE COUNTY(hereinafter"COUNTY"), a political subdivision of the State of Florida,and
the Court ADMINISTRATION for the 16th Judicial Circuit(hereinafter"COURT ADMINISTRATION").
WITNESSETH
WHEREAS,The County currently contracts with a private entity to provide Misdemeanor Probation
Services in Monroe County;and
WHEREAS,the COUNTY has determined that it is necessary,expedient,and in the best interest of the
COUNTY to have COURT ADMINISTRATION administer Misdemeanor Probation Services;and
WHEREAS,the COUNTY and COURT ADMINISTRATION mutually desire and agree to transfer the
operation and management of the current Misdemeanor Probation Program from the current private
provider to COURT ADMINISTRATION;and
WHEREAS, pursuant to Fla.Stat. 29.008(2),the COUNTY will provide budgetary review and financial
appropriation to COURT ADMINISTRATION for the operation and management of Misdemeanor
Probation Services;and
WHEREAS,Section 948.15(2), Florida Statutes allows for COURT ADMINISTRATION,as a public entity,to
provide probation services to the COUNTY;and
WHEREAS,COURT ADMINISTRATION has diligently reviewed the Misdemeanor Probation Program and
is equipped to provide the Misdemeanor Probation Services required pursuant to this Agreement and is
qualified,willing and able to provide and perform all such services in accordance with the terms as set
forth herein;and
WHEREAS,the COUNTY finds that COURT ADMINISTRATION is qualified to implement and provide the
necessary misdemeanor services; and
NOW,THEREFORE,the COUNTY and COURT ADMINISTRATION, inconsideration of the mutual covenants
contained herein,do agree as follows:
I. TERM/DURATION
Effective September 2,2019,the sole responsibility for the operation and management of
Misdemeanor Probation Services will be transferred to COURT ADMINISTRATION and such
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responsibility shall continue through the 30th day of September 2020.This Agreement shall
automatically renew for one-year annual periods,from fiscal year to fiscal year, unless
terminated by either the COUNTY or COURT ADMINISTRATION by written notice,via
certified mail,at least ninety(90)days prior to the end of the fiscal year.
II. BUDGET
A. Pursuant to Fla.Stat. 29.008 and other applicable law,COURT ADMINISTRATION shall
prepare a proposed annual budget for the operation and management of Misdemeanor
Probation Services. COURT ADMINISTRATION shall submit its proposed budget to the
COUNTY's Office of Management and Budget(OMB)for its review and concurrence
prior to COURT ADMINISTRATION submitting such budget to the Board of County
Commissioners for its approval of an annual budget. COURT ADMINISTRATION agrees to
submit its budget in accordance with the COUNTY's time schedules and general budget
outlines. COURT ADMINISTRATION will utilize its own general pay-scale and benefit
adjustments for positions in the submission of the general budget. COURT
ADMINISTRATION's budget for the upcoming fiscal year,shall also include sufficient
funds to cover internal services which shall include, but is not limited to utilities,
building maintenance,janitorial services,general liability insurance, indirect costs and
other such intergovernmental service charges related to the operation and
management of Misdemeanor Probation Services as required by law.
B. Annually,the COUNTY shall include in its adopted budget a single appropriation (the
"Annual Appropriation")for the purposes of funding this Agreement.The Annual
Appropriation will be administered by COURT ADMINISTRATION under the direction and
control of the Chief Judge of the 16t'Judicial Circuit pursuant to Fla.Stat. 29.008, and
other applicable law,and such other statutes or rules related to the administration and
jurisdiction of the courts.The Annual Appropriation shall be sufficient to enable COURT
ADMINISTRATION to carry out its responsibilities under this Agreement.
C. The COURT ADMINISTRATION agrees to establish and maintain separate line-item
accounts for the Misdemeanor Probation Services, using a uniform classification of
accounts as required by Fla.Stat. 218.33.
D. The COUNTY shall allocate the Annual Appropriation to the line-item accounts
administered by COURT ADMINISTRATION at the beginning of each fiscal year.
E. Throughout the fiscal year,COURT ADMINISTRATION will submit to the COUNTY for its
approval,which may be denied, any amendments that increase or decrease the Annual
Appropriation. Changes made within or among COURT ADMINISTRATION's line-item
accounts,which do not increase or decrease the Annual Appropriation, may only be
made in accordance with the COUNTY's accounting procedures and applicable law.
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F. The COUNTY shall be responsible for funding the operations of Misdemeanor Probation
Services,as provided by law, and the COUNTY shall be responsible for all financial
reporting requirements for the State of Florida.
G. As the accountant for the COUNTY,the Monroe County Clerk of Court shall perform the
following accounting services under this Agreement:act as the receiving and disbursing
agent for accounts payable, accounts receivable,and payroll for COURT
ADMINISTRATION's accounts,as well as prepare and submit the financial statements to
meet the financial reporting requirements of the State of Florida.
H. COURT ADMINISTRATION will follow the COUNTY's Purchasing Policy and procedure
guidelines for procurement of goods and services. COURT ADMINISTRATION is
responsible for administering employee pay and benefits under the State of Florida
Court System Personnel Policies for positions funded by the COUNTY under this
agreement in accordance with 16th Judicial Circuit Administrative Order 11.009.
I. All unexpended funds,whether revenues or expenses,and interest earnings from each
fiscal year will be returned to the COUNTY unless written authorization for such funds
and interest otherwise designates that they may be carried-forward for a specific court
program or purpose.
J. All current and future fixed assets acquired or maintained by COURT ADMINISTRATION
and funded by the COUNTY pursuant to this Agreement shall remain property of the
COUNTY, unless otherwise specified by law.
III. SCOPE OF WORK
A. COURT ADMINISTRATION agrees to diligently
g g y perform Misdemeanor Probation
Services, reporting,collection,documentation, reporting responsibilities and other
requirements described in this Agreement.
B. COURT ADMINISTRATION agrees to reevaluate the programs over the term of this
Agreement as requested by the COUNTY or Chief Judge to provide the best service possible
to the COUNTY and the 16th Judicial Circuit.
IV. STAFFING
A. COURT ADMINISTRATION shall maintain adequate staffing levels to:
(1) Attend Court at all times where probation in general or a probationer must
appear,to enroll probationers and testify as to their progress in probation.
(2) Provide proper liaison with the sentencing Court,
(3) Perform the initial intake of persons placed on misdemeanor probation,
(4) Properly supervise all persons placed on misdemeanor probation,
(5) Appear at all Court hearings involving a probationer under supervision,
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(6) Maintain records and reporting requirements set by law and by this Agreement,
(7) Provide oversight of any offender placed on pre-trial diversion or"Back on
Track",and
(8) Collect, record, report and distribute all payments as required under this
Agreement.
B. COURT ADMINISTRATION 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.
COURT ADMINISTRATION 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 American with Disabilities Act.
C. COURT ADMINISTRATION, prior to hiring employees,will perform a background check,
including an FCIC check,verification of relevant employment and claimed education for
newly hired probation officers and supervisors to determine if they are qualified for
employment and the position for which they are hired.
D. COURT ADMINISTRATION will maintain minimum staffing levels to ensure effective
supervision of probationers.All personnel engaged in performing services under this
Agreement shall be fully qualified,and, if required,to be authorized or permitted under
State and local law to perform such services.
V. OFFICES AND OFFICE HOURS
A. COURT ADMINISTRATION shall maintain at least one office in each area of the Keys
(Lower Keys, Middle Keys,and Upper Keys). COURT ADMINISTRATION shall notify the
probationers of its hours of operation, location of offices, directions to offices and shall
make reasonable efforts to notify probationers if the locations change.
B. Each area shall be open from 8:30 AM to 5:00 PM week days.When necessary
personnel in other areas will be utilized to provide telephone coverage to ensure availability
at all times during the work day.
VI. TERMINATION
A. In the event that COURT ADMINISTRATION has abandoned performance under this
Agreement,then the COUNTY may terminate this Agreement upon three (3) calendar
days written notice to COURT ADMINISTRATION indicating its intention to do so.The
written notice shall state the factual circumstances indicating COURT
ADMINISTRATION's abandonment.
B. Either of the parties hereto may terminate this Agreement without cause by giving the
other party ninety(90) days written notice of its intention to do so. If COURT
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ADMINISTRATION terminates under this provision it shall immediately turn over any and all
documents requested by the COUNTY or substitute probation service provider.
VII. PROBATIONER RECORDS, PAYMENTS, REPORTING, FILING AND COURT APPEARANCES
A. Records:COURT ADMINISTRATION shall maintain a file containing information on each
probationer referred to the program. Records shall be retained by COURT
ADMINISTRATION in accordance with the State of Florida Judicial Branch Records
Retention Schedule for Administrative Records,as amended.The information in the file
shall include, but not be limited to,the name of the probationer, case number,
charge(s), probation disposition, automated or other house arrest records,
correspondence,and payment records.Any NCIC/FCIC criminal records shall be kept in a
separate file and disposed of in accordance with NCIC/FCIC requirements. 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.
B. Payment(s):The Clerk of Court will set up a new bank account that will be utilized for
the receiving and disbursement of revenue received from misdemeanor probationers.
For receiving revenue, COURT ADMINISTRATION will be provided with the following
tools from the Clerk of Court:
i. Remote Deposit Capture (RDC) machine from the Bank that will allow the Court
Administrator's Office to deposit checks/money orders the same day they are
received into the County's bank account.
ii. Credit/debit card machines will be provided.A total of three(3) machines will
be set up;one(1)at each office location in the Keys (Lower, Middle and Upper).
On-line credit/debit card payments through the merchant services provider will
be set up in coordination with the Clerk's Finance Department.Any cost
involved in purchasing credit card machines will be paid from the COURT
ADMINISTRATION's line item account for the Misdemeanor Probation Program.
iii. COURT ADMINISTRATION must directly deposit all cash payments to the bank
account provided by the Clerk.The Clerk's Finance Department will provide the
Court Administrator with deposit tickets for making the deposits.The Clerk and
COURT ADMINISTRATION will coordinate the cash deposit to be couriered to the
bank with other deposits.
The Clerk of Court will reconcile monthly the receipts reported by COURT
ADMINISTRATION and posted to the County's general ledger against receipts deposited
to the bank account and the receipts posted in the Clerk's case management system.
C. Reports:The Court Administrator's Office will provide a weekly report of the receipts
transmitted to the Clerks Finance Department.The report will identify the date of
payment, case number, defendant,type of receipt,and amount paid.The Clerk's
Finance Department will ensure that a copy of this report is provided to Clerk's Court
Manager.The Clerk's Court Manager will post the payment to the Clerk's case
management system.The Clerk's Finance Department will post the deposits made to
the bank to the Board's General Ledger.
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D. Disbursements:When funds are to be disbursed,the Court Administrator or her
designee will prepare and sign an audit slip authorizing payment.The audit slip(s)should
be sent to the Clerks' Finance Department.The audit slip will identify who the payment
should be made to,the address the payment should be sent,the cost center and
account coding,the amount that should be paid, and a description of the payment that
is being made (e.g., restitution, clerk fees, etc.). Because there are no tax consequences
to these payments, a temporary vendor number will be used for processing payment.
The Clerk's Finance Department will be responsible for posting payments to the Board's
General Ledger.
a. OMB will be responsible for providing COURT ADMINISTRATION with the fund/cost
center information on how these funds are budgeted in the Board's General Ledger.
E. Court Documentation and Court Hearings: COURT ADMINISTRATION shall file petitions,
warrants, orders or other pertinent documentation as ordered by the 16th Judicial
Circuit related to the probationer or related to hearings before the 16th Judicial Circuit.
VIII. PROBATIONER PAYMENT
A. COURT ADMINISTRATION shall collect from each probationer, cost of supervision fees as
may be ordered by the 16th Judicial Circuit and authorized by Florida Statute,or as set forth
in any deferred prosecution agreement.This amount is established by the 16th Judicial
Circuit,as of the date of this contract, at$50 per month per probationer.The amount shall
be increased only by written permission of the Chief Judge and by written amendment to
this Agreement,which may be reviewed annually. Nothing contained herein shall preclude
COURT ADMINISTRATION from establishing a sliding scale fee for those probationers not
able to meet the minimum cost of supervision fee.
B. COURT ADMINISTRATION shall accept payments for restitution,fines,application fees and
court costs in such forms as are acceptable to COURT ADMINISTRATION. Partial payments
shall be accepted,and appropriate records maintained.Written receipts shall be issued to
the probationers for all payments received by COURT ADMINISTRATION. COURT
ADMINISTRATION shall make all payments of fines, application fees,and court costs to the
Clerk of Courts as directed by the Clerk of Court and as set forth herein. COURT
ADMINISTRATION 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.
C. The sentencing Judge may, in its discretion,order that cost of supervision fees be waived in
cases involving indigent probationers.
D. COURT ADMINISTRATION shall place priority on collection and payment of restitution. In
any case in which the victim cannot be located within thirty(30) days or in which less than
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the full amount of the restitution is collected, COURT ADMINISTRATION may request that
the sentencing Judge instruct COURT ADMINISTRATION as to proper disposition.
E. Offender payments may be accepted by COURT ADMINISTRATION 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.
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. COURT ADMINISTRATION may require an
initial face-to-face contact with all probationers for counseling and supervision
upon initiation of probation. COURT ADMINISTRATION shall clearly explain all of
the terms of probation to the probationer in a manner that the probationer
understands. COURT ADMINISTRATION will refer probationers to complete a
substance abuse evaluation if ordered by the 16th Judicial Circuit. COURT
ADMINISTRATION shall verify the probationer's employment when necessary or
required by order of the Court.
(2)General Supervision.COURT ADMINISTRATION shall supervise the
probationer's attendance of required probation reporting/check-in and
counseling sessions. Probationers will be required to report as directed by
COURT ADMINISTRATION or as directed by the 16th Judicial Circuit.
(3) Electronic Monitoring. COURT ADMINISTRATION may also provide
electronic monitoring of certain probationers as directed by order of the 16th
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. COURT ADMINISTRATION shall encourage unemployed probationers
to improve the probationer's employability through schools and training. COURT
ADMINISTRATION may also refer probationers to local workforce agencies.
C. Court Orders. Proposed orders of probation violation, probation modification,and
early termination shall be prepared by COURT ADMINISTRATION and shall conform to a
format adopted by the 16t'Judicial Circuit.
D. Community Service Work. COURT ADMINISTRATION may refer probationers to
approved non-profit service organizations or municipal governments for completion of
community service hours.COURT ADMINISTRATION is not permitted to utilize the service of
probationers to perform community service work to benefit COURT ADMINISTRATION.
COURT ADMINISTRATION shall maintain as part of the probationer's record all community
service hours completed and/or not completed by the probationer.
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E. Violation of Probation. When a violation of any term of probation is alleged to have
occurred, COURT ADMINISTRATION 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 any case in which the sentencing court's jurisdiction has been lost prior to all
conditions of probation being satisfied, COURT ADMINISTRATION 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 providing details of the efforts
made by that officer to seek compliance with the terms of the probation.
F. "BACK ON TRACK" DUI program and other services to probationers.
(1) COURT ADMINISTRATION will provide a DUI Pre-Trial Diversion program at
the direction of the State Attorney's office and the 16th Judicial Circuit. See
Exhibit A, as may be amended,for the"Back on Track" Procedure, "Back on
Track" Diversion Program and associated forms. Exhibit A may be amended as
directed by the State Attorney's office.
(2) COURT ADMINISTRATION may establish other programs at the direction of
the State Attorney's Office.Any programs should also be approved by the
COUNTY,COURT ADMINISTRATION, and the 16th Judicial Circuit before they are
implemented.
X. COURT ADMINISTRATION FINANCIAL RECORDS
A. COURT ADMINISTRATION shall maintain financial records capable of being audited of
all fines, restitution, and supervision fees received, expended and disbursed by COURT
ADMINISTRATION.
B. COURT ADMINISTRATION 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 or COUNTY. In addition to other reports,a quarterly report
shall be submitted to the Chief Judge pursuant to 948.15(3), Florida Statutes.
C. The COUNTY,the COUNTY's external auditor,the State Auditor General,and agents or
designees thereof shall have access COURT ADMINISTRATION's books, records, and
documents required by this contract for the purposes of inspection or audit during normal
business hours. COURT ADMINISTRATION agrees that its records, unless specifically exempt
are subject to the Florida Public Records law and Florida Rules of Judicial Administration.
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XI. HOLD HARMLESS AND INDEMNIFICATION
A. Subject to F.S.768.28 and to the extent allowed by law,each party shall indemnify and
hold harmless each other from any and all claims, actions, damages,fees,fines penalties,
defense costs,suits or liabilities which may arise out of any act of neglect,error,omission or
default of the each respective party arising out of or in any way connected with the
performance or failure to perform under the terms of this Agreement.
B. Nothing in this Agreement shall be interpreted in any way to waive sovereign immunity
or reduce or abrogate the limits set out in F.S. 768.28.
XII. INSURANCE
A. The COUNTY shall provide and administer on behalf of COURT ADMINISTRATION
employees those insurance benefit programs that are offered to other COUNTY employees,
including, but not limited to, health,dental,disability, life insurance and workers'
compensation.The County will also provide and administer general liability insurance for
the misdemeanor probation services program. COURT ADMINISTRATION shall include in its
annual budget submission adequate funds for such insurance benefit programs.
XIII. EXPENSES
A. COURT ADMINISTRATION shall maintain separate line-item expense accounts for all
Misdemeanor Probation Services.
B. COURT ADMINISTRATION shall bear sole responsibility for the timely payment of all
outstanding obligations incurred by COURT ADMINISTRATION.
c. Misdemeanor Probation Services expenses are to be paid from the Annual
Appropriation and from any revenues generated by the Misdemeanor Probation Services
Program or other related Court Programs throughout the fiscal year.
XIV. PURCHASING
COURT ADMINISTRATION will comply with the Monroe County Purchasing Policy and
purchasing guidelines and shall be solely responsible for ensuring that all purchasing
activities funded by the COUNTY are conducted in accordance with applicable State and
Federal laws.The COURT ADMINISTRATION may request to use the services of the
COUNTY's Purchasing Department.
XV. HUMAN RESOURCES
A. Pursuant to this Agreement,the COUNTY agrees to fund and pay all employee related
expenses including but not limited to salaries and benefits. However,the COUNTY and
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COURT ADMINISTRATION agree that all employees funded under the Annual Appropriation
shall be employees of the COURT ADMINISTRATION to the extent that the employee will be
subject to the Personnel Regulations of the Florida State Court System.
B. The COUNTY's funding of salaries and benefits for COURT ADMINISTRATION employees
to the extent applicable shall include retirees; and the salaries and benefits shall be
consistent with those offered to COUNTY employees.
C. The COURT ADMINISTRATION shall include in its annual budget submission estimated
employee tax payments for social security, Medicare, unemployment insurance and
retirement contributions for all employees administered by the COURT ADMINISTRATION
under this Agreement, and the COUNTY agrees to approve such funds.
XVI. PAYROLL
Employees of COURT ADMINISTRATION shall be on the same payroll schedule as COUNTY
employees
XVII. NONDISCRIMINATION
COUNTY and COURT ADMINISTRATION 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 parties agree
to comply with all Federal and Florida statutes,and all local ordinances, as applicable, relating to
nondiscrimination. These include but are not limited to: 1)Title VII of the Civil Rights Act of 1964
(PL 88-352),which prohibit discrimination in employment on the basis of race,color,religion,sex,
and national origin;2)Title IX of the Education Amendment of 1972,as amended(20 USC§§ 1681-
1683, and 1685-1686), which prohibits discrimination on the basis of sex; 3) Section 504 of the
Rehabilitation Act of 1973,as amended(20 USC§ 794),which prohibits discrimination on the basis
of handicaps;4)The Age Discrimination Act of 1975, as amended (42 USC§§ 6101-6107),which
prohibits discrimination on the basis of age; 5)The Drug Abuse Office and Treatment Act of 1972
(PL 92-255), as amended, relating to nondiscrimination on the basis of drug abuse; 6)The
Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of
1970 (PL 91-616), as amended, relating to nondiscrimination on the basis of alcohol abuse or
alcoholism; 7) The Public Health Service Act of 1912, §§ 523 and 527 (42 USC §§ 690dd-3 and
290ee-3), as amended, relating to confidentiality of alcohol and drug abuse patient records; 8)
Title VIII of the Civil Rights Act of 1968 (42 USC §§ 3601 et seq.), as amended, relating to
nondiscrimination in the sale, rental or financing of housing; 9) The Americans with Disabilities
Act of 1990 (42 USC §§ 12101), as amended from time to time, relating to nondiscrimination in
employment on the basis of disability; 10) Monroe County Code Chapter 14, Article II, which
prohibits discrimination on the basis of race, color, sex, religion, national origin, ancestry, sexual
orientation, gender identity or expression, familial status or age; and 11) any other
nondiscrimination provisions in any federal or state statutes which may apply to the parties to,or
the subject matter of,this Agreement.
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XVIII. NO ASSIGNMENT/SUBCONTRACT
COURT ADMINISTRATION 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.
XIX. COMPLIANCE WITH LAW AND LICENSURE
In providing all services pursuant to this Agreement,COURT ADMINISTRATION 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 COURT ADMINISTRATION. COURT
ADMINISTRATION and staff shall possess proper licenses to perform work in accordance
with this Agreement throughout the term of this contract.
XX. NOTICE REQUREMENT
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
County Administrator and County Attorney
1100 Simonton Street,Suite 205 PO Box 1026
Key West, FL 33040 Key West, FL 33041-1026
FOR COURT ADMINISTRATION
16th Judicial Circuit Court Administrator
302 Fleming Street
Key West, FL 33040
XXI. GOVERNING LAW,VENUE,INTERPRETATION,COSTS,AND FEES
This Agreement shall be governed by and construed in accordance with the laws of the State
of Florida applicable to Agreements made and to be performed entirely in the State. In the
event that any cause of action or administrative proceeding is instituted for the
enforcement or interpretation of this Agreement,the COUNTY and COURT
ADMINISTRATION agree that venue will lie in the appropriate court or before the
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appropriate administrative body in Monroe County, Florida, unless the Court orders
otherwise.
XXII. SEVERABILITY
If any term, covenant, condition or provision of this Agreement (or the application thereof
to any circumstance or person)shall be declared invalid or unenforceable to any extent by a
court of competent jurisdiction,the remaining terms,covenants,conditions and provisions
of this Agreement,shall not be affected thereby;and each remaining term,covenant,
condition and provision of this Agreement shall be valid and shall be enforceable to the
fullest extent permitted by law unless the enforcement of the remaining terms,covenants,
conditions and provisions of this Agreement would prevent the accomplishment of the
original intent of this Agreement.The COUNTY and COURT ADMINISTRATION 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.
XXIII. ATTORNEY'S FEES AND COSTS
COUNTY and COURT ADMINISTRATION 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.
XXIV. DISPUTES, DISAGREEMENTS AND TRANSFER OF OPERATIONS
COUNTY and COURT ADMINISTRATION agree that all disputes and disagreements shall be
attempted to be resolved by meet and confer sessions between representatives of each
COUNTY and COURT ADMINISTRATION. If the issue or issues are not resolved to the
satisfaction of COUNTY and COURT ADMINISTRATION,then any party shall have the right to
seek such relief or remedy as may be provided by this Agreement or by Florida law.
XXV. COOPERATION
In the event any administrative or legal proceeding is instituted against either party relating
to the formation,execution, performance,or breach of this Agreement,COUNTY and
COURT ADMINISTRATION 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.
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XXVI. BINDING EFFECT
The terms, covenants,conditions and provisions of this Agreement shall bind and inure to
the benefit of the COUNTY and COURT ADMINISTRATION and their respective legal
representatives,successors,and assigns.
XXVII. AUTHORITY
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.
XXVIII. NO PERSONAL LIABILITY
No covenant or agreement contained herein shall be deemed to be a covenant or
agreement of any member,officer, agent or employee of Monroe County, COURT
ADMINISTRATION or the 16t'Judicial Circuit in his or her individual capacity,and no
member, officer, agent or employee of Monroe County, COURT ADMINISTRATION or the
16t'Judicial Circuit shall be liable personally on this Agreement or be subject to any personal
liability or accountability by reason of the execution of this Agreement.
XXIX. ENTIRE AGREEMENT
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 the 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.
XXX. EXECUTION IN COUNTERPARTS
This Agreement may be executed in any number of counterparts,each of which shall be
regarded as an original, all of which taken together shall constitute one and the same
instrument and any of COUNTY and COURT ADMINISTRATION hereto may execute this
Agreement by signing any such counterpart.
XXXI. SECTION HEADINGS
Section headings have been inserted in this Agreement as a matter of convenience of
reference only, and it is agreed that such section headings are not a part of this Agreement
and will not be used in the interpretation of any provision of this Agreement.
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IN WITNESS WHEREOF the parties hereto have executed this Agreement on the day and date first
written above in.
OFFICE OF THE COURT ADMINISTRATOR
OF THE 16TH JUDICIAL CIRCUIT
. Jpe %
Holly Elomi rt Administrator
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Witness 1 J Witness 2
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Print Name: Way-i 1AWaidE2— Print Name: I L.
tt,'. VIN MADOK,CLERK BOARD OF COUNTY COMMISSIONERS
1 -;;V �,*:. - OF MONK COON
-p ty Clerk ayor
MONRROE COUNTY
�ATTTORNEY
AP yE ASCHRISTINE LIMBERT-HARROWS
ASSISTANT C TY A RNEY
DATE;
O. eca T
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Exhibit"A"
BACK ON TRACK PROGRAM
(Exhibit A consist of 6 pages)
1
BACK ON TRACK PROCEDURE
• Back on Track Program (BOT)will be available 120 days from arraignment and before any
substantive motions have been filed.
• Prosecutors will review each DUI and Defendants may enter into the program with a referral
from the prosecutor(s). (White copy to Prosecutors,Yellow to Court Administration/Probation,
Pink to Defendant or their Attorney)
• Defendant executes all documentation for BOT including a wavier of speedy trial which will be
filed with the Court.
• The original contract executed by the Defendant will go to the Court with copies going to Court
Administration/Probation,the prosecutor, and the Defendant or their attorney.
• Once BOT is completed,the case will be placed on the Court's calendar.The prosecutor will file
a Reckless Driving Information (316.192(1). Defendant will appear and plead guilty or no
contest, if unable to appear, may plea in absentia.
• The Court will enter a Withhold of Adjudication and no further sanctions will be ordered.
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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 do not have a valid license for any reason 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 below Breath/Blood Average .15 or
.15 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 1 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 As requested by law As requested by law
Enforcement enforcement enforcement
Community Service 40 hours 60 hours
Victim Impact Class VIP class VIP class
No Alcohol While in Diversion No Alcohol While in Diversion
(with Random Testing) (with Random 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
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supervising agency 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.
DUI Diversion Enrollment
Enrollment may occur in Court at the DUI arraignment or docket sounding calendars. At arraignment or
dock sounding 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) $350.00
$250.00(Impound) OR
10 day impound and 30-day SCRAM
bracelet(Bracelet is$10 per day)
DUI School $295.00 $440.00
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 enforcement As requested by law enforcement _
Total Costs' $1,800.00-$2,000.00 $2,400.00-$2,700.00
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
1 Costs are approximately and do not include cost recovery for investigative costs which vary by case.
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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 August 2019
State Attorney
16th Judicial Circuit
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IN THE COUNTY COURT OF THE SIXTEENTH JUDICIAL CIRCUIT
IN AND FOR MONROE COUNTY,FLORIDA
STATE OF FLORIDA,
Plaintiff, Case Number:
vs.
Defendant.
STATEMENT OF PERSONAL RESPONSIBILITY
1. I ,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 facilities
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 judgement 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 objects
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 RESPONSBILITY in evidence in
my DUI prosecution and I will not object to its admission in evidence.
5. I understand that this STATEMENT OF PERSONAL RESPONSBILITY is a condition of my participation
in the Back on Track Program 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.
6. I was informed that I had the option of consulting an attorney of my choice prior to signing this
statement.
Defendant's Signature Date
STATE OF )
COUNTY OF )
THE FOREGOING STATEMENT OF PERSONAL RESPONSIBILITY was acknowledged before me
this day of 20 ,by Who is( )
personally known to me or( )produced a driver's license as identification.
(SEAL)
NOTARY PUBLIC, STATE OF FLORIDA
Print,type of stamp commissioned name of
notary
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IN THE COUNTY COURT OF THE SIXTEENTH JUDICIAL CIRCUIT
IN AND FOR MONROE COUNTY, FLORIDA
STATE OF FLORIDA,
Plaintiff, Case Number:
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:
• 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.
• 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 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 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 20 by Who is( )personally known to me
or( ) produced a driver's license as identification.
(SEAL)
NOTARY PUBLIC, STATE OF FLORIDA
Print,type of stamp commissioned name of
notary
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