Item C11
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: 12/15/2004
Division:
Management Services
Bulk Item: Yes ----.2L
No
Department: Administrative Services
AGENDA ITEM WORDING: Approval of an Inter-local agreement with the Monroe County Sheriff
for t4e Teen Court Funding.
ITEM BACKGROUND: Revision 7 of Article Five of the Florida Constitution made several changes
to the funding of certain court related programs. Section 939.185 assessment of additional court costs
created Monroe County Ordinance 016-2004. Section 2-605 of the Ordinance (b) 4. indicates "(25%)
shall be allocated to fund Teen Court programs and other juvenile alternative programs as determined
by the Board of County Commissioners."
PREVIOUS RELEVANT BOCC ACTION:
Ordinance 016-2004 took effect on July 1, 2004.
CONTRACT/AGREEMENT CHANGES:
Previously, under ordinance 005-2001, Teen Court was funded through a $3.00 assessment for court
costs as per Section 13-14(t) and was remitted directly to the Sheriff by the Clerk of the Circuit Court.
STAFF RECOMMENDATIONS: Approval
TOTAL COST:
to be determined
BUDGETED: Yes..2L No
COST TO COUNTY:
$58.609.00
SOURCE OF FUNDS: additional court costs
REVENUE PRODUCING: Yes
No X
AMOUNT PER MONTH_ Year
APPROVED BY: County Atty X- OMB/Purchasing-K-
Risk Management X
DIVISION DIRECTOR APPROVAL:
~t1&~
Sheila A. Barker
DOCUMENTATION:
Included
X
To Follow_
Not Required_
AGENDA ITEM #~
DISPOSITION:
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
CONTRACT SUMMARY
Contract with: Monroe County Sheriff s
Office
Effective Date: upon execution
Expiration Date: 9/30/09
Contract PurposelDescription: Agreement to provide Teen Court funding in accordance with
Monroe County Ordinance 016-2004, and consistent with section 939.185 (l)(a) 4. Florida
Statutes
Contract Manager: Salvatore Zappulla
(Name)
4444
(Ext. )
Administrative Services
(Department)
for BOCC meeting on 12/15/2004
Agenda Deadline: 11/30/2004
CONTRACT COSTS
Total Dollar Value of Contract: $ Current Year Portion: $58,609.00
Budgeted? Yes XX No Account Codes: 101-68619-530490
Grant: $0.00
County Match: $0.00
ADDITIONAL COSTS
Estimated Ongoing Costs: $7000.00 For: July- Sept 04'Collections from new Ord.
(Not included in dollar value above) (eg. Maintenance, utilities, janitorial, salaries, etc.)
CONTRACT REVIEW
Date In
Changes
Needed . / Review,~ .
YesD NoW ~/ic/,,_e?c V 2J:l1.. l!__tA_/
Date Out
1~(0-iY
Division Director
Risk Management
YesDNoD
YeSONO~~~",~
/'
YesDNoD
O.M.B./Purchasing
County Attorney
Comments:
OMB Form Revised 9/1 1/95 Mep #2
NOV-28-04 17,17 FROM,MONROE COUNTY ATTY OFFICE 10,3052823516
PAGE 9/15
INTERLOCAL AGREEMENT-TEEN COURT FUNDING
BOARD OF (:OUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA
AND
THE MONROE COUNTY SHERlFF'S OFFICE
WHEREAS, the Monroe County Sheriff~ OffICe operates a teen court program
that is an important and valuable methOd of resolving allegations of violations of law
by juveniles consistent with proper law enforcement and the education and correction
of juvenile violators; and
WHEREA$, the Board of County Commissioner.; enacted Ordinance No. 016-
2004 assessing additional court costs of $65 for certaJn misdemeanor, felony, and
OimJnal traffic viOlations; and
WHEREAS, the Board eX 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 Commissk)ners d Monroe County and
the Monroe County Sheriff~ Office enter into thiS interfocal agreement under the
authoritY of Chapter 163, Fla. Stat. (2004).
1. INInAL PAYMENT. Upon exea.ation of this agreement by both
parties, the Clerk of Court shall remit to the Monroe County Sheriff's Office twenty-
five percent of the collected additIOnal court costs from the effective date of OrdInance
No. 016..2004 (July 1, 2004) until the effective date of this interlocal agreement.
Thereafter; the Clerk shall remit the same percentage of collected additional court
costs to the Sheriff on a monthly basis.
.z. TERM. The term of this interlocal agreement commences upon exeaJtion
by both partIes and ends September 30, 2009.
3. EARLY TERMINATION. Either party may terminate this agreement at
the end of any fiscal year after providing the other party at least: ninety days advance
written notice of its intent.
4. RECORDS. The Sheriff~ 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 shan be subject to annual external audit as
required by law.
(a) Public Access. The County and Sheriff's OffICe shalf allow and permit
reasonable access to, and inspection oft 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 bV the County and Sheriff~ OffICe in
NOV-28-04 17,17 FROM,MONROE COUNTY ATTY OFFICE 10,3052823518
PAGEl 10/15
conjunction with this Agreement; and the COunty shall have the right to unilaterally
cancer thiS Agreement upon violation of this provision by Sheriff's Office.
S. MODIFlCAnONS AND AMENDMENTS. Any and aU modifications of the
terms of thIS agreement shall be onlv amended in writing and approved by the Board
of County C:ommissroners for Monroe County. The terms, covenants, exmditions,
and provisions of this Agreement shall brnd and inure to the benefit of the County and
Sheriff~ Office and their respective legal representatives, successors, and assigns-
6. INDEPENDENT CONTRACTOR. At all times and for all DUrp0se5
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 Sherlff's Office or any of its
employees, contractors, servants or agents to be the employees d the Board of
County CommisSioners of Monroe County, and they shall be entitled to none of the
rights, privl"~es or benefits of employees of Monroe County.
(a) No Personal Uability. No covenant or agreement contained herein shall
be deemed to be a covenant or agreement of any member; officer, agent or employee
of Monroe COunty In hiS or her individual capacity, and no member, officer, agent or
employee of Monroe COunty shall be liable personally on this Agreement or be subject
to any personal liability or accountability by reason of the execution of this
Agreement.
7. HOLD HARMLESS/INDEMNIFlCAnON. The Sherfff5 Oft'ice hereby
agrees to indemnify and hold harmless the County and any of its offICerS and
empfoyees from and against any and all daims, lfabilitie5, litigation, causes d action,
damages, a:sts, expenses (induding but not: limited to fees and expenses arising from
any factual investigatiOn, dJsoovery or preparation for litigation), and the payment of
any and aU of the foregoing or any demands, settlements or judgments arising
directly or indirectly under this agreement.
(a) Non Waiver of Immunity. Notwithstanding the provisions of Sec.
786.28, Florida Statutes, the partidpation of the County and the Sheriff~ Office in this
Agreement and the a~ulsitlOn of any commercial liability insurance coverage, self-
insul'C5nce coverage, or local government liability insurance pool cov~rage shalf not be
deemed a Wdiver of Immunity to the extent of liability coverage, nor shall any contract
entered into by the County be required tD COntain any provision for waiver.
(b) PrIvileges and Immun~ 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
offJCel'S, agents, or employees of any public agents or employees of the County, when
performing their respective functions under this Agreement within the territorial limits
of the County shan apply to the same degree and extent to the performance of such
functions and duties of such offk:ersj agents, volunteers, or employees outside the
territorial Ifm its of the County.
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NOV-28-04 17,18 FROM,MONROE COUNTY ATTY OFFICE 10,3052823518
PAGE 11/15
10. NONI)ISCRIMINAnON. County and Shenfft Office agree that there wilt
be no dlscMminatlon against any person, and It is expressly understood that upon a
detennlnation by a court of competent Jurisdiction that discrimination has occurred,
this Agreement automatically terminates without any further action on the part of any
party, effect:lve the date of the oourt order. County and Sheriff"s Office agree to
comply with alii Federal and Florida statutes, and all local ordinances, as appficable,
relating to nonqiSCrimination. These include but are not limited to: 1) TItle VI of the
Ovll RIghts Act! of 1964 (PL 88-352) which prohibits discriminatiOn all the basis of
race, color or national origin; 2) Title IX of the Education Amendment of 1912, as
amended (20 use 55. 1681-1683, and 1685-1686), which prohibits discrimination on
the basis of ~; 3) Section 504 of the Rehabilitation Act (;#1973, as amended (20
use s. 794), which prohibits disaimination on the basis of handicaps; 4) The Age
Oisaimination 4c:t of 1975, as amended (42 use 55. 6101- 6107) whld1 prob,lblts
discrimination on the basts of agej 5) The Drug Abuse OffICe and Treatment k of
1912 (Pl 92-2~5), as amended, relating tX) nondiSa1mlnatfon on the basis of drug
abuse; 6) The ~mprehensive AlCDhol Abuse and Almholism Prevention, Treatment
and Rehabilitati~' Act of 1970 (PL 91-616), as amended, relating to nondisoimlnation
on the basi$ of lcoho' abuse or alcoholiSmj 7) The Public Health Service Act of 1912,
SSw 523 and 5 1 (42 use ss. 69Odd-3 and 290ee-3), as amended, relating to
COnfldential~:y alcohol and drug abuse patent records; B) Title VIII of the Civil
Rights Act of 1 8 (42 use s. et seq.), as amended, relating to noncffSoimlnatfor. in
the sale, rental r ftnancing of housing; 9} The Americans with DiSabilities Act of 1990
(42 use s., 1 01 Note), as maybe amended from time to time, relating to
noncUscnminati on the basiS of diSabilIty; 10) Monroe County Code Ch. 13, Art. VI,
prohibiting ~i mination on the bases Of race, color, sex, religion, disability, national
ongin, anc:e,1rY. sexual orientation, gender identity or expression, familial status or
age; and 11) yother nondisCrimination provisions in any Federal or state statutes
which may a to the parties to, or- the subject matter of, this Agreement.
11. EN AGREEMENT. This agreement constitutes the entire agreement
of the partiES reto With respect to the subject matter hereof and supersedes any
and all prior' ag eements witil rtspect to such subject matter between the Sherifft
Office and tJle ntor.
12. ERNING LAW, VENUE, INTERPRET AnON, COSTS, AND FEES.
ThiS Agreement shall be governed by and construed in acc:on:tance with .the laws of
the State of FIOI!1da applicable to Q)ntracts made and to be performed entirely In the
State.
(8) Veflue. In the event that any cause of action or administrative
proceeding is In$tItuted for the enfon:ement or interpretation of this Agreement, the
COunty and Sheriffs Office agree that venue will lie in the appropriate court or beiore
the appropriate administrative body In Monroe County, FloMda.
(b) Mediation. The County and Sher1ff~ Office agree that, In the event of
oonfliC1;fng interpretations of the tenns or a term of this Agreement by or" between any
of them the issue shall be submitted to mediation prior to the tnstitutlon of any other
administrative or legal proceeding.
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NOV-28-04 17,18 FROM,MONROE COUNTY ATTY OFFICE 10,3052823516
PAGE 12/15
(c) Severability. If any term, CDvenant, alnditron 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 oourt of competent jurisdiction,
the remaining terms, covenants, conditions and proviSions of this Agreement, shall
not be affected therebyi and each remaining term, covenant, condition and provision
of this Agreement shall be valid and shall be enforceable to the furlest 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 l11e County and Sherffrs OffICe agree to reform the
Agreement to replace any striCken provision with a valid provision that comes as dose
as possible to the intent of the stricken proviSion.
Cd) Attorney's Fees and COstL The COunty and Sh~ 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,
investlgatJve, alJ'd out-of-pocket expenses, as an award against the non-prevailing
party, and shall I include attomey'S fees, courts costs, investigative, and out-of-pocket
expenses in appellate proceedings. Mediation Proceedings initiated and conducted
pursuant to thLji Agreement shall be in accordance with the Florida Rules of Civil
Procedure and ~al and QJstomary procedures required by the circuit court of Monroe
County. I
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ee) Adjudication of DisputllS or DiAgreements. County and Sheriff's
Office agree that all diSputes and disagreements shall be attempted to be resolved by
meet and COnf-r sessions between representatives of each of the parties. If no
resolution can bF 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
Commission4!rS. . If the Issue or issues are still not resolved to the satlsfad:ion 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.
(I) ~. In the event ~ny administrative Or legal proc:eeding is
instituted again~ either party relating to the formation, execution, performance, or
breach of this ~reement, County and Shenff's Office agree to partICipate,. to the
extent requil-ed pv the other party, in all proceedings, hearings, processes,. meetings,
and other activ~es related to the substance of this Agreement or proviSion of the
services under t:f1is Agreement. County and Sheriff~ Office specifically agree that no
party to this Agreement shall be required to enter into any arbitration proceedIngS
related to this Agreement.
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13. ETHICS CLAUSE: Sherjff~ Office wanants that he has not employed,
retained or cttherwise had act on his behalf any former County officer or employee in
violation of Secqon 2 or Ordinance No. 10-1990 or any County officer or employee in
violation of Section 3 of Ordinance No. 10-1990. For breach or violation of the
provision thE! cqunty may, at its disaetion terminate this agreement without liability
and may al!iO, fit its discretion, deduct from the agreement or purchase price, or
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NOV-28-04 17,18 FROM,MONROE COUNTY ATTV OFFICE 10,3052823516
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otherwise recover, the full amount of any fee, commiSsion, percentage, gift, or
consideration paid to the former or present COunty officer or employea. The County
and Sheriff's OffIce warrant that, in respect to itSelf, it has neither emplOyed nor
retained any company or person, other than a bona fide employee working solely for
it, to solicit or secure thts Agreement and that it has not paid or agreed to pay any
person, cornpany, corporation, individual, or firm, other than a bona fide employee
working SOlely for It, any fee, commission, percentage, gift. or other consideration
mntingent upon or, resulting from the award or making of this Agreement. For the
breach or violation of the provision, the Sheriff's OffICe aglW!S that the County shall
have the right to tenninate this Agreement without liability and, at its discretion, to
offset from monies owed, or otherwise recover. the full amount of such fee,
commission, percentage, gift, or conslderatton.
(a) Covenant Of No Interest. County and S~ Office cnvenant that
neither presentlr has any interest, and shall not acquire any interest, whiCh would
conflict in any manner or degree with its performance under this Agreement, and 1!1at
only interest of tch is to perform and receive benefits as recited in this Agreement.
(b) ~ of Ethics. County agrees that officers and employees of the
County recogni~ and will be reqUired to comply with the standards of conduct: for
public officers ,nd employees as delineated in Section 112.313, Florida Statutes,
regarding, but 'lOt limited to, solicitation or acceptance of gifts; doing bUSiness with
oneis agency; ~nauthOrlzed compensation; misuse of publiC positfon, conflicting
employment or rntractual relationshiPi and disclosure or use of certain infonnation.
14. ",sue ENTITY CRIME STATEMENT. A person or affiliate who has
been placed on e convicted vendor list following a conviction for public entity aime
may not submit a bid on an agreement to provide any goods or services to a PUblic
entity, may not ubmJt a bid on a agreement with a public entity for the mnstruction
or repair of a p blic building or public w~ may not submit bids on leases of real
property to pub ic entity, may not be awarded or perform work: as a Sheriff~ Office,
supplier, sub-S riff's Office, or mnsultant under a agreement with any public entity,
and may ncJt nsact business with any public entity in excess of the threshord
amount providj in SectiOn 287.017, for CATEGORY TWO for a period of 36 months
from the date _./ being placed on the convicted vendor list.
15. ~UTHORI1Y. Sheriff~ omce warrants that It Is authorized by law to
engage in the rformance of the actfvitles encompassed by the projett herein
described. f= of the signatories for the Sheriff's Office below certifies and warrants
that the Sheriff~ OffIce~ name In thiS agreement Is the full name as designated In Its
corporate chamt (if a oorporatfon)i they are empowered to ad; and contract for the
Sheriff's Officet ~nd this agreement has been approve<;t by the Board of Directors of
Sheriff's Offic:e or other appropriate authority.
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16. .,-nCE. Any written notfce to be given to either party under thiS
agreement or re~ted hereto shall be addressed and delivered as follows:
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NOV-28-04 17,18 FROM,MONROE COUNTY ATTY OFFICE 10,3052823518
PAGE 14/15
For Sherlff's Office: Sheriff RIchard D. Roth
5525 College Road
Key West, Fl. 33040
For County:
John R. Collins and
County Attorney
P.O. Box 1026
Key West, Fl. 33041-1026
Thomas J. Willi
County Administrator
1100 Simonton Street
Key West, FJ. 33040
17. CUJMS 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 soUcitatlons shall be approved by
each party prior to submission.
1&. NON-DELEGATION OF CONSTITUnONAL OR STATUTORY DUTIES.
ThiS Agreemen~ Is not intended to, nor shall it be construed as, relieving any
participating en~ty from any obligation or responsibility imposed upon the entity by
law except to th~ extent of actual and timely performance thereof by any participating
entity, .n which rase the performance may be offered in sat:isfac.tiOn of the obligation
or respon$ibility~ Further; this Agreement is not intended to, nor shall it: be construed
as, authoriZing V1e delegatiOn of the constitutiOnal or statutory duties of the County,
except to the eJ4;ent permitted by the Florida mnstitutlon, state statute, and case law.
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19.. NON-REUANCE BY NON--PARnES. No person or entity shall be
entitled to rely I upon the terms, or any of them, of this Agreement to enforce or
attempt to enfol[CE! any third-party claim or entitlement to or benefit of any service or
program mrlten1Plated hereunder; and the COunty and the Sheriff's Office agree that
neither the C:ou'j'tv nor the Sheriff'sOffia! or any agent, officer, or employee of either
shall have the ~uthOlity to inform, munsel, or otherwise indicate that any particular
individual or grpup d individuals, entity or entities, have entitlements or benefits
under this AQ~ment separate and apart, inferior to, or SUperior to the community in
general or for th~. purposes contemplated in this Agreement.
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20.. ATlI'ESTATIONS. Sheriff's Offrce agrees to execute such documents as
the County ma~ reasonably require, to include a Public Entity Crime Statement, an
Ethics Staternen~, and a Orug~Free WOrkplace Statement.
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21. NO PERSONAL LlABIUTY.. No awenant or agreement contained
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herein shall be c;teemed to be a covenant or agreement of any member, officer, agent
or employee ofl 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 ~ subject to any personal liability or accountability by reason of the
executlon of thi~ Agreement.
22. EXECunON IN COUNTERPARTS. This Agreement may be execut~ in
any number of ~ounterparts, each of which shall be regarded as an original, all of
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NOV-28-04 17,18 FROM,MONROE COUNTY ATTY OFFICE 10,3052823516
PAGE 15/15
which taken together shall constitute one and the same instrument and any of the
parties hereto may execute this Agreement by singing any such counterpart.
23. SECTlON HEADINGS. section headings have been inserted In thiS
Agreement as a matter of oonvenience of reference onlV" 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)
ATTEST: DANNY L. KOLHAGE, CLERK
BOARD OF COUNTY COMMISSIONERS
Of MONROE roUNTY, FlDRIDA
By:
8y:
Mayor/Chairman
Deputy Clerk
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Approved fOr IegJ suIIicienqr fOr
the Monroe Coun~ Sheriff Office
By: I
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Mark L WiIIiS'1 General Counsel
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MONROE COUNTY SHERIFF'S OFFICE
By
Sheriff Richard D. Roth
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