Resolution 594-1989
Tom Long
Court Administrator
RESOLUTION NO. 594 -1989
A RESOLUTION OF THE BOARD OF COUNTY COMMIS-
SIONERS OF MONROE COUNTY, FLORIDA,
AUTHORIZING THE MAYOR/CHAIRMAN OF THE BOARD
TO EXECUTE A CONTRACT BETWEEN THE BOARD AND
PRETRIAL SERVICES RESOURCE CENTER CONCERNING
AN ENHANCED PRETRIAL SERVICES DELIVERY
PROGRAM.
BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA, that the Mayor/Chairman of the Board is
hereby authorized to execute a Contract between the Board and
Pretrial Services Resource Center, a copy of said contract being
attached hereto and made a part hereof by reference, concerning
an enhanced pretrial services delivery program.
PASSED AND ADOPTED by the Board of County Commissioners of
Monroe County, Florida, at a regular meeting of said Board held
on the //ti} day of ac6,b~ , A.D. 1989.
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
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BY: .lJJt. A
(Seal)
Attest: DAN"NX L. KOLHAGE, ,Clerk
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CONTRACT
ENHANCED PRETRIAL SERVICES DELIVERY PROGRAM
ARTICLE I.
PARTIES
The parties to this Contract shall be the Pretrial
Services Resource Center, hereafter referred to as PSRC, and the
Monroe County Board of County Commissioners, hereafter referred to
as MCBCC.
ARTICLE II.
SCOPE OF THE CONTRACT
This Contract covers the responsibilities of the parties
and the management of the Enhanced Pretrial Services Delivery
Program, hereafter referred to as the Project, supported by
cooperative agreement number 88-DD-CX-K007 with the Bureau of
Justice Assistance, hereafter referred to as BJA. Subject to
MCBCC's option to withdraw pursuant to Article VI, it shall remain
in effect until the Project, or any extension thereof, is
officially closed by BJA.
ARTICLE III.
AMOUNT OF CONTRACT
PSRC shall pay $25,000 for performance under this contract. Upon
execution of the contract by both parties, PSRC shall promptly
furnish the necessary forms to enable MCBCC to receive the first
advance payment.
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ARTICLE IV.
RESPONSIBILITIES OF THE PARTIES
A.
PSRC shall:
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1. monitor all Project activities and ensure that
the attached Proposed Budget is followed;
2. provide technical assistance to MCBCC to assist
in the implementation and work of the Project; and
3. serve as principal liaison with BJA, the
official channel of communication between BJA and MCBCe, and as the
official spokesperson for the Project.
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B.
MCBCC shall:
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1. designate one person to be responsible for: a)
coordinating all on-site visits of personnel from other
jurisdictions, b) developing EPS project documents described in
section B2 c) producing the reports detailed in sections B5 and B6,
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d) performing any other functions that might assist the site in
maintaining its demonstration status.
2. produce a document titled Program Description,
a description of program procedures covering a) the program's
staffing structure, b) how the program defines and identifies it's
target population for interview and verification, c) how the
appropriate release/detention recommendations are made, d) how
released defendants are supervised, e) the mechanisms the program
uses for tracking cases and collecting data to measure program
performance, and e) other program practices that might benefit
visitors from other jurisdictions. A final draft of this document
should be submitted to PSRC for review and formatting no later than
September 15, 1989.
3. be responsible for producing copies of program
forms, reports, training materials or any other documents which may
be instructional for distribution to EPS program visitors.
4. host on-site visits from personnel from other
jurisdictions selected and referred by PSRC. At no time will visits
be scheduled without the consent of MCBCC.
5. submit quarterly reports including a summary
of project activities and a Quarterly Cash Accountability Report
to PSRC, for transmittal to BJA, due by the 20th of the month
following the period covered in the report;
6. produce a final report detailing the
disbursement of EPS project funds, the impact of the EPS program
on MCBCC and any summary observations or suggestions related to the
EPS project. The report should be submitted to PSRC no later than
September 1, 1990.
7. comply with the Proposed Budget set forth on
the attached page.
PSRC staff or consultants employed by PSRC may conduct periodic
site visits to ensure compliance with the terms of this contract.
No such visit will occur without prior notification to MCBCC.
ARTICLE V.
MANAGEMENT
A. PSRC, ~s payee for the Contract, will receive all
the Project funds and distribute them to MCBCC in a manner
consistent with generally accepted accounting procedures.
B. MCBCC shall be individually and solely responsible
for its own budget and expenditures within the constraints of the
grant award document and this Contract.
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C. Advances to MCBCC shall be executed by submission
of a PSRC payables voucher on a monthly basis.
D. All monies spent on this project will be disbursed
in accordance with provisions of the project budget approved by
PSRC or as modified and approved. All expenditures and cost
accounting of funds shall conform to the Federal Office of
Management and Budget Circulars A-87 and A-102 in the entirety and
applicable state law. All funds not spent in accordance with
provision of this Contract will be subject to repayment by MCBCC.
E. If a project has not COTI~enced within 30 days after
the date of signing this Contract, MCBCC will report by letter the
steps taken to initiate the project, the reasons for delay, and the
expected starting date. If, after 60 days from the signing of this
Contract, project activity as described herein has not begun, a
further statement of implementation delay will be submitted by
MCBCC to PSRC. After the 60 day period, PSRC may cancel the
project and apply the funds to other program areas.
F. Except with respect to defaults of consultants,
MCBCC shall not be in default by reason of any failure in
performance of this Contract if such failure arises out of causes
beyond the control and without the fault or negligence of MCBCC.
G. It is understood that any budget change, regardless
of amount, which affects the scope or objectives of program, or a
change which is greater than $1,000 shall require prior approval
of BJA.
H. Only project costs, incurred on or after the
effective date, September 1, 1988; and on or prior to the
termination date, September 30,1990, of this Contract are eligible
for reimbursement.
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I. In the event of default, noncompliance, or violation
of any provision of this Contract by MCBCC, MCBCC's
subcontractor(s) consultant(s), or supplier(s), PSRC may impose
such sanctions as it deems appropriate including withholding of
payments, cancellation, termination, or suspension of this Contract
in whole or in part. In such event, PSRC shall notify MCBCC of
such decision 30 days in advance of the effective date of such
sanction. MCBCC shall be paid only for those services
satisfactorily performed prior to the effective date of such
sanction.
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J . Acceptance of this" Contract constitutes MCBCC ' s
consent to submit to an audit of the proj ect. MCBCC agrees to meet
all provisions of OMB Circular No. A-128, "Audits of state and
Local Governments, II pertaining to audit requirements. Proj ect
funds determined to be misspent are subj ect to refund or other
resolution regardless of disclosure in the audit report.
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K. PSRC, BJA, or any of their duly authorized
representatives, shall have access for the purpose of audit and
examination of books, documents, papers, and records of MCBCC, and
to relevant books and records of participating agencies and
Contractors. Access does not extend to files and documents of
active case investigations.
L. All records and financial documents must be retained
for a minimum period of three years from the date of the final
financial statement and be available for audit and public
disclosure upon request of duly authorized persons.
M. Any dispute, disagreement, or question of fact
arising under this Contract shall be decided by PSRC in writing and
shall be distributed to parties concerned. A written appeal may
be made within 21 calendar days to the Bureau of Justice Assistance
for final decision. In the event of litigation concerning
performance under this contract, the parties shall each bear the
expense of their attorney fees.
N. MCBCC shall be required to save and hold harmless,
PSRC and the U. S. Department of Justice, from all claims and
liability, or both, due to the negligent acts of MCBCC,
subcontractors, consultants, or MCBCC's agents or employees.
ARTICLE VI.
WITHDRAWAL
If MCBCC wishes to withdraw from the Project, it shall
notify, in writing, PSRC of its intent to withdraw. This notice
shall include a report on the current status of all Project tasks
for which the party is responsible and of the amount remaining of
the project funds that the Party is authorized to spend.
ARTICLE VII.
AMENDMENTS AND APPENDICES
A. This contract contains the entire agreement between
the parties and supercedes any previous discussions or agreements,
written or oral.
B. Amendments or Revisions may be made to this Contract
to clarify its meaning or expand its scope. Generally, an
Amendment would be in order if it were agreed that a new Article
or Section was required in addition to those already contained in
the Contract. A Revision would be in order if it were agreed that
a change in language or new language was required in an existing
Article or Section. /
C. Addenda may be appended to this Contract if it is
agreed that a separate document should be added as part and parcel
of the original Contract. Generally, an Addendum would be called
for if the addition were a separate and self-contained document and
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if its inclusion would not necessitate any changes in the scope and
intent of the Contract.
D. Ei ther Party to this Contract may propose
Amendments, Revisions, or Addenda. The proposal shall be
circulated among the other Parties. The proposed Amendment,
Revision, or Addendum shall be incorporated in the Contract after
both Parties have notified BJA, in writing, of their approval.
VIII.
NOTICE
Any notice given by a Party shall be by first class mail
to the other Party as follows:
A. Notice to MCBCC shall be addressed to:
Mike Puto
Mayor/Chairman
Board of County Commissioners
500 Whitehead street
Key West, FL 33040
B. Notice to PSRC shall be addressed to:
D. Alan Henry
Pretrial Services Resource Center
1325 G street, N.W., Suite 620
Washington, D.C. 20005
THE UNDERSIGNED, as Executive Directors or other duly authorized
officials of the Parties, affirm their acceptance of this Contract.
D. Alan Henry, Director
Pretrial Services Resource Center
Washington, D.C.
Date
Mike Puto, Mayor/Chairman
Monroe County Board of
County Commissioners
Date
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(SEAL )
Deputy Clerk
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APPROVEDM TO FOR'
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ATTEST: DANNY L. KOLHAGE, CLERK
BY:
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PROPOSED BUDGeT FOR ENHANCED PRETRIAL SERV1CES PROJECt
Monroe County, Florida Pretrial Services Program
Director's Salary
(4 days per ~onth x 15 months @ $125/day)
Travel
(Sept. D.C. meeting; NAPSA Charleston,
sc meeting)
Soft~8re Development
(automate in-house tracking system)
Pdnter
(for automated system)
Validation Study
(to validate release aS8essment instrument;
random sample of 500)
Mileage
(to remote jud1cal/correctlonal sites in
Marathon, Plantation Key to develop early
intervention strategies)
tnstallation of 800 phone number
(for clients calling in as condition of
release from in-state areas outside the
local phone e~changa8)
$ 7500
J837
3000
.300
10000
621
250
Printing 500
(for materials for project site visitors)
Miscellaneous Office Supplies
Long Distance Phone Calls
(for calls related to the pruject
and project site vislts)
TOTAL
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492
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$25000