Item M11 BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: August t 20, 2014 Division: County Attorney
Bulk Item: Yes No x Staff Contact: Nat Cassel 292 3470
AGENDA ITEM WORDING: Approval of Misdemeanor Probations Services Contract with
Professional Probation Services, Inc. ( PPS).
ITEM BACKGROUND: On June 30, 2014 the BOCC approved the award of the contract for
misdemeanor probation services to Professional Probation Services (FPS). On July 24, 2014 the
BOCC approved the second Amendment to the contract with the present provider, Court Options,
which extended their contract through August 31, 2014.
Pursuant to Florida law, the County is responsible for providing probation services for those convicted
of misdemeanor offenses. Traditionally, the County has contracted that function out to private
providers. The misdemeanor provider is paid through fees collected from probationers,not County
funds.
PREVIOUS RELEVANT BOCC ACTION: March 19, 2014, the BOCC approved advertisement of
the Request for Qualifications (Item Q-5). June Ill, 2014 discussion was held by BOC'C of purchasing
policy at the request of Court Options, the current provider who did not respond to the RFQ. On June
30, 2014 the BOCC approved the award of the contract for misdemeanor probation services to
Professional Probation Services (PPS). On July 24, 2014 the BOCC approved the second Amendment
to the contract with the present provider, Court Options, which extended their contract through August
31, 2014.
CONTRACT/AGREEMENT CHANGES: NIA
STAFF RECOMMENDATIONS.Approval
TOTAL COST: to be paid by probationers INDIRECT COST:TBD BUDGETED:
COST TO COUNTY: none SOURCE OF FUNDS: probationers
REVENUE PRODUCING: AMOUNT PER MONTH Year
APPROVED BY: County Atty IPT OMB/Purchasing Risk Managemen
DOCUMENTATION: Included Not Required
DISPOSITION: AGENDA ITEM#
Revised 1109
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
CONTRACT SUMMARY
Contract with: Professional Probation . Contract#
Effective Date:
Expiration Date:
Contract Purpose/Description:
provider of misdemeanor probation services
Contract Manager: Nat Cassel/court 3580 legal/l6th Judicial Circuit
administrator
(Name) (Ext.) (Department/Stop#)
for BOCC meeting on Agenda Deadline:
CONTRACT COSTS
Total Dollar Value of Contract: $ -0- paid by Current Year Portion: $ 1
probationer
Budgeted? Yes® No R Account Codes:
Grant: $
County Match: $
ADDITIONAL COSTS
Estimated Ongoing Costs: $:O-/yr For:
(Not included in dollar value above) (eg. maintenance, utilities,janitorial,salaries,etc.)
CONTRACT REVIEW
Changes Date Out
Date In Needed Reviewer
Division Director Yes[]No[:]
Risk Management Yeso No[3�
O.M.B./Purchasing Yes o NoIj CL BIC—" V&N
County Attorney -5 Yes[:] No[�] �1
Comments:
MMMMMWXMMXMNMWMWd
OMB Form Revised 2/27/01 MCP#2
...............................................................................
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"CONITRACTOR"), a Georgia Corporation registered to do business in
the State of Florida.
WITNESSET'H
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,wilding 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:
1. 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 161h Judicial Circuit.
11. 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,
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(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 16th Judicial Circuit, and,shall, upon disposition of the
case by the 16`h Judicial Circuit, assure that all required documents are timely filed and take action
as ordered by the 161h 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 161h 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 16th 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 suiccessful 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
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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 161h 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, Midldle 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
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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.
V'I. 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),
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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 16th Judicial Circuit or its
representative and the Clerk of Court for the amount of fines,costs and restitution ordered by the
16th Judicial Circuit and collected by the CONTRACTOR from the Probationers.This report shall
provide to the 16th 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 161h Judicial Circuit related to the probationer or related to
hearings before the 161h Judicial Circuit.
Vill. 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 161h 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 16th Judicial Circuit, as of the date of this contract,at$45 per month per probationer. The 161h
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 161h 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.
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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
restitution 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 16th 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 16th 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 161h 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 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.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.
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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
16th 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 Iby 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 th Judicial Circuit.See Exhibit A,for Back an 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 le 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 161h 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
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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 16th 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 Iprovisions 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 16th Judicial Circuit from any and all claims,actions,damages,
fees,fines penalties,defense costs,suits or Inabilities 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.
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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.
XII1. 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. NO,NDISCRIMINATION
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 USG 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.
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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.
XII1. 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 abillity 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
161h Judicial Circuit Administrator and County Attorney
302 Fleming Street PO Box 1026
Key West, FL 33040 Key West, FI.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.
XVIL 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 admiinistrative 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 Moniroe
County, Florida, unless the Court orders otherwise.
XVIII. MEDIATION
A. The COUNTY and CONTRACTOR agree that, in the event of confllicting 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 16th 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. SEVERABILITY
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 thie 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. ATTORNEYS 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
16th Judicial Circuit may,at its election and capon 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
16th 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 16th 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 aind 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.
XXVI1. 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 forthe
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 imember,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. EXECUTION IN COUNTERPARTS
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,
be deemed an original contract.
(SEAL)
BOARD OF COUNTY COMMISSIONERS
Attest: AMY HEAVILIN,CLERK OF MONROE COUNTY,FLORIDA
By: By:
Deputy Clerk Mayor/Chairman
Date:
FOR CONTRALTO :
By: By:
WITNESS #1 Person w Authority to Bind COG oration
Print Name: �41 /-j Print ame:�l9
Title: _ d,p. Title:
Date:— 8-4.-.2o l`( Date: -Z o
By: Z�=A
WITNESS #2
II// MONROE COUNTY ATTORNEY
Print Name:- NlJ4 /tee n,�� APPROVED AS TO FF�dM. m
Title:-"- v mozl�ti
Date:_ $- -moo/fz NATILEENE W. CASSEL
ASSISTANT COUNTY ATTORNEY
Date '
Page 14 of 23
EXHIBIT"A"
BACK ON TRACK
(Exhibit A consists of 6 pages)
Page 15 of 23
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
A 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.
• 64f' ... glrt i !i'pl°y OP 41' i
EXHIBIT
A
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 mnisdemeanor,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 I>mfluence.
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 1 DUI School
Substance Abuse Evaluation Required through the DUI Required through the DUI
School School
ki 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
f
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 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
LT-0tal Cast $1800-2000 $2400-2700
Cost are approximate and do not include cost recovery 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 SIXTEENTH JUDICIAL CIRCUIT
IN AND FOR MONROE COUNTY,FLORIDA
STATE OF FLORIDA,
VS. Case Number
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 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 ofreckless 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.
5. I understand that this STATEI►2ENT OF PERSONAL RESPONSIBILITY is a condition
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.
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 }
TBE 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)
NOTARY PUBLIC
P
IN THE COUNTY COURT Or, THE SIXTEENTH JUDICIAL CIRCUIT
IN AND FOR MONROE COUNTY,FLORIDA
STATE OF FLORIDA,
Plaintiff,
Case Number
VS.
Charge(s):
Defendant.
Back On Track Program
Waiver of the Right to a Speedy Trial
I understand that:
O I have been conditionally accepted to participate in the Back On Track Program.
a If a victim or police officer involved in my case objects to participation in the
program,the State Attorneys 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.
8 While I am a compliant participant in the program,my case will not go to trial.
8 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 fall 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 3201 by
who is personally known to me or who supplied
as valid identification. r
(seal)
NOTARY PUBLIC
EXHIBIT"B"
Other possible services
(Exhibit B consists of 4 pages)
Page 16 of 23
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 JV(for iuveniles)
This online alcohol education course is for teens 17 and younger charged with an underage drinking
violation.Alcohol-Wise J V is a sensible option to the classroom-based alcohol education classes offered
in man communities.A number of research studies suggest that aggregating young drinkers into a group
y � ��' g g Y g g P
may actually have a detrimental effect on participants. Peer pressure is also evident when groups of teens
get together in these classes.
Marihuana 10t
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.
STOPLiftina.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.
17 Ya9,1i, iy II v'tl r.9f'Ihv
`' EXHIBIT
/fir i
Parent Alcohol and Drug Education Course(Parent Wise)
An online alcohol &drug education course for parents.The course is made up of 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.
AnMet Electronic Monitoring
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 b, a
change,and upon occasion,approval by the Court. All violations are G,
immediately reported to the Court by way of a delinquency report and
monitoring station printout.
Anklet Electronic Monitoring with Breath Alcohol Testing(ontionall
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.
The Voice Verification Monitoring System i
f, s
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.
Domestic Violence Electronic Monitoring and peterrenc�
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 k
offender is within 100 feet.
Global Positioning Satellite Monitoring with Alcohol Detection „'r7fti
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
i» be viewed in real time,not only by our monitoring center,but by our
contracted court officials as well. The anklet worn with our GPS unit is
�@ tamper and water proof similar to our standard RF unit. PPS can even
d , 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.
In Home Breath Alcohol System
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 6
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 Caaabilities offer the Court Lab Verification in our Office
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
substance, including alcohol with accurate and indisputable blood
level readings. We can also conduct confirmatory screens for any ,. F
disputed field tests,
PPS also offers,at a lesser price per screen, field screens for alcohol using the
Alcohawk device.
PPS staff members are also certified by the manufacturer to also _,Rw6af`J
utilize ASC's REVEAL CUPS for 8 different illicit drugs,which ` , +,� 1 711 1
PPS routinely conducts in the field while enforcing conditions of
intensive probation.-......
w
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.
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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
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 Additional
Insured on all policies issued to satisfy the above requirements.
Page 21 of 23
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
0 The Indemnification and Hold Harmless provisions
Waiving 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
The Monroe County Board of County Commissioners shall be named as
Additional insured on all policies issued to satisfy the above requirements.
Page 23 of 23