Item M2
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BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date; September 16. 2009 Division: Monroe County Sheriff's
Office
Bulk Item: Yes ~ No D Department: Grants Administration
AGENDA ITEM WORDING: Authorization for the Mayor to execute an
interlocal agreement with the Monroe County Sheriff's Office for the
Department of Justice, Office of Justice Program for the Edward Byrne JAG
Grant,
ITEM BACKGROUND: Monroe County received a JAG grant award which will
assist with provision of mental health and substance abuse programs at the
Main Detention Facility in Key West, The Sheriff's Office has been designated
to administer this grant. This agreement outlines the duties and
responsibilities of the County and Sheriff under this grant,
PREVIOUS RELEVANT BOCC ACTION: None
CONTRACT/AGREEMENT CHANGES: New Contract
STAFF RECOMMENDATION: Approval
TOTAL COST: $98.641.00 BUDGETED: Yes ~ No D (in-kind)
COST TO COUNTY: $0.00
REVENUE PRODUCING: Yes 0 No C8J AMOUNT PER MONTH
~ YEAR
APPROVED BY:COUNTY ATTY ~ 0 CHASING D RISK MGT~
DOCUMENTATION: INCLUDED: ~ TO FOLLOW: 0 NOT REQUIRED: 0
DISPOSITION: - AGENDA ITEM #: -
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MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
CONTRACT SUMMARY
Contract with: Monroe County Sheriff Effective Date: March 1, 2009
Expiration Date: February 28, 2013
Contract Purpose/Description: Funds provided through the JAG Grant will help assist adults and/or
juveniles who have a mental illness, substance abuse disorder, or co-occurring mental health and
substance abuse disorders and who are in, or at risk of entering, the criminal and/or juvenile justice
systems.
Contract Manager: Tamara Snider 292-7092 Monroe County Sheriff's Office
(Name) (Ext. ) (Department)
for SOCC meeting on September 16, 2009 Agenda Deadline: September 1, 2009
CONTRACT COSTS
Total Dollar Value of Contract: $98,641,00 Current Year Portion: $98,641.00
Budgeted? Yes No Account Codes: .XXXXXX
Grant: $98,641.00
County Match: $0.00
ADDITIONAL COSTS: $0.00
Estimated Ongoing Costs: $0.00
CONTRACT REVIEW
~
Division Director ,~r It
Risk Man~ement qJifl
PJ.r ~
OMS/Pur a "ng Cf-I-cA
County Attorney 1.ifO'J
Comments: -
OMS Form Revised 9/11/95 MCP #2
. . .
DEPARTMENT OF JUSTICE
OFFICE OF JUSTICE PROGRAMS (JAG)
THIS AGREEMENT is made and entered into this day of
, 2009, by and between The Monroe County Board of
County Commissioners, a political subdivision of the State of Florida, whose address
1100 Simonton Street, Key West, FL 33040, is hereinafter referred to as "COUNTY,"
and the Monroe County Sheriff's Office, hereinafter referred to as "SHERIFF,"
WITNESSETH
WHEREAS, the Department of Justice (JAG), Office of Justice Programs has
awarded a Mental Health and Substance Abuse Grant Funds to the COUNTY to
implement a program that will assist in the treatment of adults and juveniles who
have a mental illness, substance abuse disorder, or co-occurring mental health and
substance abuse disorders and who are in, or at risk of entering, the criminal and
juvenile justice systems, and
WHEREAS, only a county or a consortium of counties within the State of
Florida are eligible to receive funds under this grant program; and
WHEREAS, the County is in need of an agency to manage the process as
required by this grant; and
WHEREAS, the SHERIFF is the sole provider of detention services in Monroe
County and has the resources and expertise to manage the funding award; and
NOW THEREFORE, in consideration of the. mutual understandings and
agreements set forth herein, the COUNTY and the SHERIFF agree as follows:
1. TERM - The term of this Agreement is from March 1, 2009, through February
28, 2013, the date of the signature by the parties notwithstanding, unless earlier
terminated as provided herein,
2. SERVICES-
(a) The SHERIFF will provide mental health and substance abuse programs
as outlined in the grant contract / award continuation grant sheet
(Attachment A),
(b) The SHERIFF will fulfill all programmatic and financial reporting
responsibil ities,
(c) The COUNTY will provide administrative support, including, but not
limited to, the following: placing items on Commission agenda as needed,
and assuring that contracts and other documents are properly approved and
executed,
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3. FUNDS - The total sum represents grant support in the amount of $98,641.00,
All funds shall be distributed and expended in accordance with the terms of the
grant agreement.
4. AGENCY BOND - The SHERIFF shall be bound by all laws, rules, and
regulations relating to the COUNTY'S performance under the Department of Justice,
Office of Justice Programs Grant Funds memorandum of understanding.
5. BILLING AND PAYMENT
(a) The SHERIFF shall render to the COUNTY quarterly itemized invoices
properly dated, describing the services rendered, the cost of the
services, and all other information required for the COUNTY to
reimburse the Sheriff.
(b) The COUNTY shall reimburse the Sheriff for all grant related expenses
in a timely manner,
(c) County will draw down grant funds as outlined in Attachment B.
6. TERMINATION - This Agreement may be terminated by either party at any
time, with or without cause, upon not less than thirty (30) days written notice
delivered to the other party, The COUNTY shall not be obligated to pay for any
services provided by the SHERIFF after the SHERIFF has received notice of
termination. In the event there are any unused grant funds, the SHERIFF shall
promptly refund those funds to the COUNTY or otherwise use such funds as the
COUNTY directs,
7. NOTICES - Whenever either party desires to give notice unto the other, it must
be given by written notice, sent by registered United States mail, with return
receipt requested, and sent to:
FOR COUNTY FOR PROVIDER
Monroe County Grants Administrator Monroe County Sheriff Robert peryam
1100 Simonton Street 5525 College Road
Key West, FL 33040 Key West, FL 33040
Either of the parties may change, by written notice as provided above, the
addresses or persons for receipt of notices.
8. UNAVAILABILITY OF FUNDS - If the COUNTY shall learn that funding from
the Federal Government cannot be obtained or cannot be continued at a level
sufficient to allow for the services specified herein, this Agreement may then be
terminated immediately, at the option of the COUNTY, by written notice of
termination delivered in person or by mail to the SHERIFF at its address specified
above. The COUNTY shall not be obligated to pay for any services provided by the
SHERIFF after the SHERIFF has received notice of termination.
9. COMPLIANCE WITH LAWS AND REGULATIONS - In providing all services
pursuant to this Agreement, the SHERIFF shall abide by all statutes, ordinances,
rules, and regulations pertaining to, or regulating the provision of, such services,
including those now in effect and hereafter adopted, and particularly Article 1,
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Section 3 of the Constitution of the State of Florida and Article 1 of the United
States Constitution, which provide that no revenue of the state or any political
subdivision shall be utilized, directly or indirectly, in aid of any church, sect or
religious denomination or in aid of any sectarian institution, Any violation of said
statutes, ordinances, rules, or regulations shall constitute a material breach of this
Agreement immediately upon delivery of written notice of termination to the
SHERIFF, If the SHERIFF receives notice of material breach, it will have thirty days
in order to cure the material breach of the contract. If, after thirty (30) days, the
breach has not been cured, the contract will automatically be terminated,
10. ASSIGNMENTS AND SUBCONTRACTING - Neither party to this Agreement
shall assign this Agreement or any interest under this Agreement, or subcontract
any of its obligations under this Agreement, without the written consent of the
other.
11. EMPLOYEE STATUS - Persons employed by the SHERIFF in the performance
of services and functions pursuant to this Agreement shall have no claim to
pension, worker's compensation, unemployment compensation, civil service or
other employee rights or privileges granted to the COU NTY'S officers and
employees either by operation of law or by the COUNTY except as otherwise
provided to employees of the SHERIFF.
12. HOLD HARMLESS AND INDEMNIFICATION - COUNTY and MCSO are
political subdivisions of the State of Florida and are covered under Chapter 768,28.
Each agrees to be fully responsible for acts and omissions of their agents or
employees to the extent permitted by law. Nothing herein is intended to serve as a
waiver of sovereign immunity by any party to which sovereign immunity applies,
Nothing herein shall be construed as consent by either party to be sued by third
parties in any matter arising out of this Agreement
13. ENTIRE AGREEMENT
(a) It is understood and agreed that the entire Agreement of the parties ;s
contained herein and that this Agreement supersedes all oral agreements
and negotiations between the parties relating to the subject matter hereof as
well as any previous agreements presently in effect between the parties
relating to the subject matter hereof,
(b) Any alterations, amendments, deletions, or waivers of the provisions of
this Agreement shall be valid only when expressed in writing and duly signed
by the parties,
IN WITNESS WHEREOFJ the parties to this Agreement have caused their
names to be affixed hereto by the proper officers thereof for the purposes herein
expressed at Monroe County, FloridaJ on the day and year first written above.
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(SEAL) BOARD OF COUNTY COMMISSIONERS
ATTEST: DANNY L. KOLHAGE, Clerk OF MONROE COUNTY, FLORIDA
By: By:
Deputy Clerk Mayor/Chairman
MONROE COUNTY SHERIFF'S OFFICE
~
Title: Ch id: (S~OV cff'.J...J2('lA.J.'^~ '
Witness
,
MONROE COUNTY SHERIFF'S OFFIC~
APPROVED~RM: --
S--/!/~ ~ .'_...
MARK L WilLIS
OAT*;~C~~ 0 '1_._..
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