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Item M2 BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: 3/19/14 Division: Monroe Bulk Item. Yes No Department: Monroe County Sheriff's Office Staff Contact/Phone#: Patrick McCullah 292-7020 AGENDA ITEM WORDING: Approval of interlocal agreement authorizing 25% of the court costs and surcharges assessed/collected to be allocated to fund teen court programs and other juvenile alternative programs in Monroe County,to be disbursed by the Clerk of Court to the Sheriff of Monroe County on a monthly basis ITEM BACKGROUND: Monroe County Sheriff's Office operates a teen court program that is an important and valuable method of resolving allegations of violations of law by juveniles consistent with proper law enforcement and the education and correction of juvenile violators. The Board of County Commissioners enacted Ordinance No. 0 16-2004 assessing additional court costs of$65 for certain misdemeanor, felony, and criminal traffic violations; and the Board of County Commissioners, under the authority of Chapter 2004-265, Laws of Florida, directed that twenty-five percent of the funds collected be allocated to fund teen court programs and other juvenile alternative programs in Monroe County. PREVIOUS RELEVANT BOCC ACTION: Approval of prior contract. CONTRACT/AGREEMENT CHANGES: This Agreement is for FY2014-2020 STAFF RECOMMENDATIONS: Approval Approximately TOTAL COST:$52,828.97 INDIRECT COST: BUDGETED: Yes X No DIFFERENTIAL OF LOCAL PREFERENCE: Approximately COST TO COUNTY:-$52,828.97 SOURCE OF FUNDS: Additional Court Costs REVENUE PRODUCING: Yes— No X AMOUNT PER MONTH Year (hq/, APPROVED BY: County Atty %04 OMB/Purchasing V/ Risk Management DOCUMENTATION: Included X Not Required DISPOSITION:— AGENDA ITEM 9 .......................... Revised 7/09 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS CONTRACT SUMMARY Contract with; Monroe County Sheriff Contract Effective Date: Upon Execution Expiration Date: 9/30/2020 Contract Purpose/Description: Interlocal a eertaertt between o oe Count and o oe CountySheriffs Office for the allocatio urt ro ams d other uvenile alt ............. y. Contract Manager: -Patrick McCullah 292-7020 (Name) x ®) (Department/Stop#) for CC rraeetin on arch 1 I A ends ea line: arc: 01 CONTRACT COSTS Total Dollar Value of Contract: $ Appx. Current Year Portion: $12,921.93 $52,828.97 ............................................... Budgeted? Yes N No ❑ Account Codes: Grant: $ County Match: $ -0- ADDITIONAL COSTS Estimated Ongoing Costs: $----jyr For: intenance,utilities, 'anitorial,salaries,etc.) CONTRACT REVIEW Changes Date Out Date In Needed Reviewer Division Director Yes[:]No Risk Management �Yes[] Noo/' O.M.B./Purchasing 2,W11f Yes o No&/ zhidd County Attorney a-01'(Yeso No Comments: OMB Form Revised 2/27101 MCP#2 INTERLOCALAGREEMENT—TEEN COURT T FlINDING BOARDF COIJNTY COMMISSIONERS OF MONROE COUNTY,FLORIDA AND THE MONROE COUNTY SHERIFF'S OFFICE WHEREAS, the Monroe County Sheriff's Office operates a teen court program that is an important and valuable method of resolving allegations of violations of law by juveniles consistent with proper law enforcement and the education and correction of juvenile violators;and WHEREAS, the Board of County Commissioners enacted Ordinance No. 016-2004 assessing additional court costs of$65 for certain misdemeanor,felony,and criminal traffic violations;and WHEREAS, the Board of County Commissioners,under the authority of Chapter 2004-265,Laws of Florida, directed that twenty-five percent of the funds collected be allocated to fund teen court programs and other juvenile alternative programs in Monroe County, NOW THEREFORE the Board of County Commissioners of Monroe County and the Monroe County Sheriffs Office enter into this interlocaI agreement under the authority of Chapter 163,Fla. Stat. (2004). 1. PAYMENTS. a) Monthly payments. The Clerk shall remit twenty five percent of collected additional court costs to the Sheriff on a monthly basis. b) Repayment. Pursuant to the enabling legislation,any unspent funds at the close of the county fiscal year shall be remitted back to the Clerk for allocation in accordance with F.S.939.185(l)(a)l. . TERM The term of this interlocal agreement commences upon execution by both parties and ends September 30, 2020. 3. EARLY TERMINATION. Either party may terminate this agreement at the end of any fiscal year after providing the other party at least ninety days advance written notice of its intent. 4. RECORDS AND REPORTS. The Sheriff's Office shall maintain records of its receipts and expenditures for the teen court program. These records shall be open for examination by the Clerk of Court, and shall be subject to annual external audit as required by law. a) Public Access. The County and Sheriff's Office shall allow and permit reasonable access to,and inspection of,all documents,papers,letters or other materials in its possession or under its control subject to the provisions of Chapter 119,Florida Statutes,and made or received by the County and Sheriff's Office in conjunction with this Agreement;and the County shall have the right to unilaterally cancel this Agreement upon violation of this provision by Sheriff's Office. b) Quarterly Reports. Pursuant to State Statute, the County is required to make quarterly reports, including itemized lists of expenditures. Within twenty(20)days after the close of each quarter,the Sheriff's Office shall provide to the County Clerk the required itemized list of expenditures. 5. MODIFICATIONS AND AMENDMENTS. Any and all modifications of the terms of this agreement shall be only amended in writing and approved by the Board of County Commissioners for Monroe County. The terms,covenants, conditions,and provisions of this Agreement shall bind and inure to the benefit of the County and Sheriff's Office and their respective legal representatives,successors,and assigns. 6. INDEPENDENT CONTRACTOR At all times and for all purposes hereunder, the Sheriff's Office is an independent contractor and not an employee of the Board of County Commissioners of Monroe County. No statement contained in this agreement shall be construed as to find the Sheriff's Office or any of its employees, contractors, Page 1 of 5 servants or agents to be the employees of the Board of County Commissioners of Monroe County, and they shall be entitled to none of the rights,privileges or benefits of employees of Monroe County. 7. NO PERSONAL LIABILITY. No covenant or agreement contained herein shall be deemed to be a covenant or agreement of any member, officer, agent or employee of Monroe County in his or her individual capacity, and no member, officer,agent or employee of Monroe County shall be liable personally on this Agreement or be subject to any personal liability or accountability by reason of the execution of this Agreement. 8. INDEMNIFICATION. The Sheriff, as a political subdivision deemed in Section 768.28,Florida Statutes,agrees to be fully responsible to the limits set forth in such statute for its own negligent acts or omissions, or intentional tortuous actions,which result in claims or suits against either County or Sheriff,and agrees to be liable to the statutory limits for any damages proximately caused by said acts or omissions,or intentional tortious acts. The County, as a political sub-division of the State of Florida, as defined in Section 768.28, Florida Statutes, agrees to be fully responsible to the limits set forth in such statute for its own negligent acts or omissions, or intentional tortuous acts,which result in claims or suits against either the Sheriff or County, and agrees to be liable to the statutory limits for any damages proximately caused by said acts or omissions,or intentional tortious acts. Nothing contained in this Section shall be construed to be a waiver by either party of any protections under sovereign immunity, Section 768.28 Florida Statutes, or any other similar provision of Iaw. Nothing contained herein shall be construed to be a consent by either party to be sued by third parties in any matter arising out of this or any other Agreement. 9. NON-WAIVER OF EUMUNITY. Notwithstanding the provisions of Sec.786.28,Florida Statutes,the participation of the County and the Sheriffs Office in this Agreement and the acquisition of any commercial liability insurance coverage,self-insurance coverage,or local government liability insurance pool coverage shall not be deemed a waiver of immunity to the extent of liability coverage,nor shall any contract entered into by the County be required to contain any provision for waiver. 10. NONDISCRIMINATION. County and Sheriff's Office agree that there will be no discrimination against any person, and it is expressly understood that upon a determination by a court of competent jurisdiction that discrimination has occurred, this Agreement automatically terminates without any further action on the part of any party, effective the date of the court order. County and Sheriff's Office agree to comply with all Federal and Florida statutes, and all local ordinances, as applicable, relating to nondiscrimination. These include but are not limited to: 1)Title VI of the Civil Rights Act of 1964 (PL 88-352)which prohibits discrimination on the basis of race,color or national origin; 2)Title IX of the Education Amendment of 1972, as amended (20 USC ss. 1681-1683, and 1685-1686), which prohibits discrimination on the basis of sex;3)Section 504 of the Rehabilitation Act of 1973,as amended(20 USC s.794),which prohibits discrimination on the basis of handicaps; 4) The Age Discrimination Act of 1975, as amended (42 USC ss. 6101- 6107)which prohibits discrimination on the basis of age; 5)The Drug Abuse Office and Treatment Act of 1972 (PL 92-255), as amended, relating to nondiscrimination on the basis of drug abuse; 6) The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (PL 91-616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism;7)The Public Health Service Act of 1912,ss.523 and 527 (42 USC ss. 690dd-3 and 290ee-3), as amended,relating to confidentiality of alcohol and drug abuse patent records; 8) Title Vill of the Civil Rights Act of 1968(42 USC s.et seq.),as amended,relating to nondiscrimination in the sale,rental or financing of housing; 9) The Americans with Disabilities Act of 1990 (42 USC s. 1201 Note), as maybe amended from time to time, relating to nondiscrimination on the basis of disability; 10) Monroe County Code Ch. 13,Art. VI, prohibiting discrimination on the bases of race, color, sex, religion, disability, national origin, ancestry, sexual orientation,gender identity or expression,familial status or age;and 11) Any other nondiscrimination provisions in any Federal or state statutes which may apply to the parties to,or the subject matter of,this Agreement. 11. ENTIRE AGREEMENT. This agreement constitutes the entire agreement of the parties hereto with respect to the subject matter hereof and supersedes any and all prior agreements with respect to such subject matter between the Sheriff's Office and the Grantor. Page 2 of 5 12. GOVERNING LAW,VENUE, INTERPRETATION,COSTS,AND FEES. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida applicable to contracts made and to be performed entirely in the State. 13. VENUE. In the event that any cause of action or administrative proceeding is instituted for the enforcement or interpretation of this Agreement, the County and Sheriff's Office agree that venue will Iie in the appropriate court or before the appropriate administrative body in Monroe County,Florida. 14. MEDIATION. The County and Sheriff's Office agree that,in the event of conflicting interpretations of the terms or a term of this Agreement by or between any of them the issue shall be submitted to mediation prior to the institution of any other administrative or legal proceeding. 15. SEVERABILITY. If any term, covenant, condition or provision of this Agreement (or the application thereof to any circumstance or person)shall be declared invalid or unenforceable to any extent by a court of competent jurisdiction, the remaining terms, covenants, conditions and provisions of this Agreement, shall not be affected thereby; and each remaining tern,covenant,condition and provision of this Agreement shall be valid and shall be enforceable to the fullest extent permitted by law unless the enforcement of the remaining terms, covenants, conditions and provisions of this Agreement would prevent the accomplishment of the original intent of this Agreement. The County and Sheriff's Office agree to reform the Agreement to replace any stricken provision with a valid provision that comes as close as possible to the intent of the stricken provision. 16. ATTORNEY'S FEES AND COSTS. The County and Sheriff's Office agree that in the event any cause of action or administrative proceeding is initiated or defended by any party relative to the enforcement or interpretation of this Agreement, the prevailing party shall be entitled to reasonable attorney's fees, court costs, investigative, and out-of- pocket expenses, as an award against the non-prevailing party, and shall include attorney's fees, courts costs, investigative, and out-of-pocket expenses in appellate proceedings. Mediation proceedings initiated and conducted pursuant to this Agreement shall be in accordance with the Florida Rules of Civil Procedure and usual and customary procedures required by the circuit court of Monroe County. 17. ADJUDICATION OF DISPUTES OR DISAGREEMENTS. County and Sheriffs Office agree that all disputes and disagreements shall be attempted to be resolved by meet and confer sessions between representatives of each of the parties. If no resolution can be agreed upon within 30 days after the First meet and confer session, the issue or issues shall be discussed at a public meeting of the Board of County Commissioners. If the issue or issues are still not resolved to the satisfaction of the parties,then any party shall have the right to seek such relief or remedy as may be provided by this Agreement or by Florida law. 18. COOPERATION. In the event any administrative or legal proceeding is instituted against either party relating to the formation,execution,performance, or breach of this Agreement, County and Sheriff's Office agree to participate,to the extent required by the other party,in all proceedings,hearings,processes,meetings,and other activities related to the substance of this Agreement or provision of the services under this Agreement. County and Sheriff's Office specifically agree that no party to this Agreement shall be required to enter into any arbitration proceedings related to this Agreement. 19. ETHICS CLAUSE: Monroe County Sheriff's Office warrants that it has not employed,retained or otherwise had act on its behalf any former County officer or employee subject to the prohibition of Monroe County Code section 2-149 or any County officer or employee in violation of Monroe County Code section 2-149. For breach or violation of this provision the County may,in its discretion,terminate this contract without liability and may also,in its discretion,deduct from the contract or purchase price,or otherwise recover,the full amount of any fee,commission,percentage,gift or consideration paid to the former county officer or employee or county officer or employee. 20. COVENANT OF NO INTEREST. County and Sheriff's Office covenant that neither presently has any interest, and shall not acquire any interest, which would conflict in any manner or degree with its performance under this Agreement,and that only interest of each is to perform and receive benefits as recited in this Agreement. 2 . CODE OF ETHICS. County agrees that officers and employees of the County recognize and will be required to comply with the standards of conduct for public officers and employees as delineated in Section 112.313, Florida 'age 3 of Statutes,regarding,but not linuted to,solicitation or acceptance of gifts; doing business with one's agency;unauthorized compensation; misuse of public position, conflicting employment or contractual relationship; and disclosure or use of certain information. 22.AUTHORITY, Sheriff's Office warrants that it is authorized by law to engage in the performance of the activities encompassed by the project herein described. Each of the signatories for the Sheriff's Office below certifies and warrants that they are empowered to act and contract for the Sheriff's Office.. 23. NOTICE. Any written notice to be given to either party under this agreement or related hereto shall be addressed and delivered as follows: For Sheriff's Office: Patrick McCullah,General Counsel Monroe County Sheriff's Office 5525 College Road Key West,Florida 33040 Telephone: 305.292.7020 Fax: 305.292.7070 E-mail: pmccullah@keysso.net For County: Bob Shillinger County Attorney Monroe County Attorneys Office I I I l l2th Street,Suite 408 Key West,FL 33040 (305)292-3470 (305)292-3516(facsimile) 24. CLAIMS FOR FEDERAL OR STATE AID. Sheriff's Office and County agree that each shall be, and is, empowered to apply for,seek,and obtain federal and state funds to further the purpose of this Agreement;provided that all applications,requests,grant proposals,and funding solicitations shall be approved by each party prior to submission. 2 . NON-DELEGATION F°CONSTITUTIONAL A T DUTIES. This Agreement is not intended to,nor shall it be construed as,relieving any participating entity from any obligation or responsibility imposed upon the entity by law except to the extent of actual and timely performance thereof by any participating entity, in which case the performance may be offered in satisfaction of the obligation or responsibility. Further,this Agreement is not intended to, nor shall it be construed as,authorizing the delegation of the constitutional or statutory duties of the County,except to the extent permitted by the Florida constitution,state statute,and case law. 26. NON-RELIANCE BY NON-PARTIES. No person or entity shall be entitled to rely upon the terms, or any of them, of this Agreement to enforce or attempt to enforce any third-party claim or entitlement to or benefit of any service or program contemplated hereunder, and the County and the Sheriff's Office agree that neither the County nor the Sheriff's Office or any agent, officer, or employee of either shall have the authority to inform, counsel, or otherwise indicate that any particular individual or group of individuals,entity or entities, have entitlements or benefits under this Agreement separate and apart, inferior to, or superior to the community in general or for the purposes contemplated in this Agreement. 27. ATTESTATIONS. Sheriff's Office agrees to execute such documents as the County may reasonably require, to include a Public Entity Crime Statement,an Ethics Statement,and a Drug-Free Workplace Statement. 28. NO PERSONAL LIABILITY. No covenant or agreement contained herein shall be deemed to be a covenant or agreement of any member, officer, agent or employee of Monroe County in his or her individual capacity, and no Page 4 of 5 member, officer,agent or employee of Monroe County shall be liable personally on this Agreement or be subject to any personal liability or accountability by reason of the execution of this Agreement. 29. EXECUTION IN COUNTERPARTS. This Agreement may be executed in any number of counterparts, each of which shall be regarded as an original,all of which taken together shall constitute one and the same instrument and any of the parties hereto may.execute this Agreement by singing any such counterpart. 30. SECTION HEADINGS. Section headings have been inserted in this Agreement as a matter of convenience of reference only, and it is agreed that such section headings are not a part of this Agreement and will not be used in the interpretation of any provision of this Agreement. IN WITNESS WHEREOF,the parties hereto have caused this agreement to be executed the day and year first above written. (SEAL) COUNTY COMMISSIONERS COUNTY,OF MONROE FLORIDA ATTEST: AMY HEAVILIN,CLERK By: By:-------- Depat:y Clerk. Mayor/Chairman Mf,)NRR.OI% C N,r y,S.I.IE.IR:I FIF'S OFFICE ICI . S.he:ri.lf Riic hard.fig.R airrisay MONROE COUNTY SHERIFF'S TO FORM: COUNSELFP RICK J. MCCULLAH GENERAL DATE: � Page 5 of ORDINANCE016-2004 ORDINANCEAN COMMISSIONERS , FLORIDA, DECLARING EXISTSTHAT AN EMERGENCY I I FOUR-FIFTHS ; AMENDING THE MONROE COUNTY CODE ADDINGBY TI °. XXVII, TO BE SECTIONNUMBERED PROVIDING ADD17IONAL COURT COSTS IN CRIMINALPROVIDING ALLOCATIONFOR F FUNDS RECEIVEDADDITIONAL COSTS;COURT PROVIDING FOR REPEALER, IL , INCLUSION !l l I THAT MAY ARISEI LI HEARING; AND PROVIDING FOR AN EFFECTIVE . WHEREAS, on November , 1998, the voters of Florida adopted Revision 7 to the Florida Constitution to amendi V of the Constitution in order to address the problem of disparate court funding throughout the separate counties of the State; are WHEREAS, during 2003 session of the State Legislature, the Legislature amended various provisions of the Florida Statutesin order to comply vAth the requirements visi 7; and WHEREAS, during the 2004 legislative session, Legislature enacted further amendments to the Florida Statutes in order to providemore equitable istribution of responsibility for funding the court system; and WHEREAS, these 2004 Amendments are found in Chapter - 65, Laws of Florida; and WHEREAS, Section 939.166, Florida Statutes, allows each county to adopt a county ordinance as ssi diti nal court costs, not to 5. 0 to be imposed for certain misdemeanor, felony, and criminal traffic violations; and WHEREAS, the additional funding must be used for: (1) fufunding innovations supplement state funding for the elements of the Stag Courts System identified in Section 29.004, Florida Statutes„ and County-Funding for local requirements under Section 29° )( 2, Florida Statutes; (2) personnel and legal materials for the public as part of a law library; (3) providing legal aid programs, and ) support of teen court programs, juvenile assessment centers and other juvenile alternative programs, as determined by the Board of County Commissionem ; and WHEREAS, the legislation allowing these additional costs requires that the Board of County Commissioner's adopt an ordinance requiring these costs; and WHEREAS, the additional court cost may take effect on July 1, 2004 provided an ordinance has been adopted and is in effect on or before July 1® 2004; and WHEREAS, the Governor signed Chapter 2004-265, Laws of Florida, on May 28, 2004; and WHEREAS, the County Commission will not meet again until after July 1® 2004, with the result that the court cost would not be in place on July 1, 20134, and would result in revenue that otherwise would be available to be irretrievably lost; and WHEREAS, time is of the essence adopting an ordinance imposing the court cost; and WHEREAS, the Board of County Commissioners of Monroe County hereby finds and declares that adoption of this ordinance is necessary, appropriate, and in the public interest of citizens of this community; now therefore: E,,'lE 11" iDRD)0JN11ED BYTI-11E B11r,]iA1,;tD 101;'-' ID11[millilTY Cilr.IIIIUI�l�Wl�ISIBOIIDNEIIR'15 OF 11*0111ROE COUNTY, FLORIDA, that: jection 1. An emergency is hereby declared and notice waived by a four-fifths vote. _Section 2. Section 2-605 of the Monroe County Code of Ordinances is hereby created and shall read as follows: .Section2-605. (a) Pursuant to Section 939.185, Florida Statutes, an additional court cost of Sixty- Five Dollars ($65.00) shall be imposed by the court when a person pleads guilty or nolo contendere to, or is found guilty of, any felony, misdemeanor, or criminal traffic offense under Florida laws. (b) Funds received from this additional court cost shall be distributed as follows: 1. Twenty-five percent (25%) of the amount collected shall be allocated to supplement State funding for the elements of the State courts system in Monroe County as identified in Sections 29.004, Florida Statutes, and County funding for local requirements under Section 29.008(2)(a)2, Florida Statutes. 2. Twenty-five percent (25%) shall be allocated to fund legal aid programs in Monroe County consistent with Section 29.008(3), Florida Statutes. 3. Twenty-five percent(25%) shall be allocated to fund personnel and legal materials fort public as part of law libraries, whether as separate libraries or as part of the Monroe County Public Library System. 4. Twenty-five percent (25%) shall be allocated to fund teen court programs and other juvenile alternative programs in Monroe County as determined by the Board of County Commissioners. (c) The court shall order payment of these additional court costs in all matters subject to this Ordinance, bid may defer payment if the person against whom the cost is imposed is indigent. (d) At the end of each County fiscal year during which said additional court costs are collected, any surplus is required to be reallocated and transferred for use to fund innovations to supplement funding for the State Court system in Monroe County under paragraph (a)(1) above. Sectfo,M& Any and all ordinances in conflict herewith are hereby repealed to the extent of any conflict. ftRtlon 4. fifflMNkRi�L It is declared to be the intent of the Board of County Commissioners of Monroe County. Florida, that if any section, subsection, sentence, clause, or provision of this Ordinance is held invalid, the remainder of the Ordinance shall be construed as not having contained said section, subsection, sentence, clause, or provision, and shall not be affected by such holding. Section 5. Inclusion Into the Code of Ordl-- nces. It is the intent of the Board of County Commissioners that the provisions of this ordinance shall become and be made part of the Monroe County Code of Ordinances and that the sections of this ordinance may be renumbered or relettered. fiection 6. M29MG-31ion. It is the intent of the Board of County Commissioners that the provisions of this ordinance may be modified as a result of considerations that may arise during public hearings. Such modificaltions shaII be incorporated into the final version of the ordinance adopted by the Board and field by the Clerk tot Board pursuant to Section 6. L A cerfified copy of this Ordinance shall be filed with the Department of State by the Clark to the Board within ten (10) days after adoption of this Ordinance, and this Ordinance shall take effect on July 1, 2DOC PASSED AND ADOPTED by the Boafd of County Commissioners of Monroe County, Florida, at a regular meeting of said Board held on the 16th day of June, 20D4. Mayor Nelson Yes .Mayor Pro Tem Rice ---Yes— .-CV,mri-assioner McCoy --YM— g9�% — Wonsr Neu gent Yes Ztllprl"W1 oner Spehar BOARD OF COUNTY COMMISSIONERS (SEAII)�%� Aft&.6M- NY LKOLHAGE, Clerk OF MONROE COUNTY, FLORIDA C: y u lerk MaYWICVherson B Bj Dep lerk APPROVED AS TO LEGAL FORM OFFICE OF THE MONROE COUNTY ATTORNEY B 4 o3 m Y4JWokhn Ao!lIins, Co�untyoAf�toey" jordcourt-alm@S P F E) jea 4r, jLrj