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HomeMy WebLinkAbout2021-19501zULLUUUz0j0 RECORDED IN THE PUBLIC RECORDS OF JEFFREY R SMITH, CLERK OF COURT INDIAN RIVER COUNTYFL BK: 3502 PG: 415 Page 1 of 7 1/1312022 2:51 PM INDIAN RIVER COUNTY–ST. LUCIE COUNTY INTERLOCAL AGREEMENT FOR PROVISION OF PRETRIAL SERVICES(„` 0 I — This Interlocal Agreement is made this q day of 2021, by and between the BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA, a political subdivision of the State of Florida ("St. Lucie') and the BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, ("Indian River"). WHEREAS, Indian River has requested St. Lucie to provide pretrial services for pretrial defendants in Indian River County; and, WHEREAS, St. Lucie has agreed to provide the services requested by Indian River in accordance with the terms set forth herein. NOW, THEREFORE, in consideration of their mutual covenants and promises, the parties agree as follows: 1. SERVICES: St. Lucie shall provide Pretrial Program services to the Indian River as set out in Exhibit "A" ("Services") and in Exhibit "B" ("Proposal"). 2. TERM; TERMINATION: This Agreement shall be effective from the Effective Date, as defined in Paragraph 6, and continue through September 30, 2022. The Parties agree that St. Lucie shall begin providing Pretrial Services in Indian River on or before April 1, 2022. This Agreement may be extended upon mutual agreement of the parties. Either party may terminate the Agreement without cause upon no less than sixty (60) days written notice to the other party. In addition, St. Lucie may terminate this Agreement for nonpayment by Indian River with thirty (30) days prior written notice. In the event of termination, Indian River will consider retaining the qualified employees of the Program. 3. BILLING; RATES; PAYMENT: A. Initial Term Start Up Expenses: Within thirty (30) days from the Effective Date of the Agreement, Indian River shall pay $35,800.00 to St. Lucie to cover initial start-up expenses. B. Initial Term Cost of Services: In addition to the initial term startup expenses, Indian River shall pay St. Lucie $17,912.05 per month. The payment for Pretrial Services shall begin on the datE St. Lucie begins providing the Pretrial Services (i.e., on or before April 1, 2022). Services are billed on a quarterly basis using the fiscal calendar. In the event the Services begin on a date other than the first of the quarter, the quarterly payment shall be due within thirty (30) days of the date Services begin, and the amount shall be pro -rated based on the remaining term of that quarter. Thereafter, the quarterly payment will be due on the first day of the quarter for which Services are provided. C. Subsequent Renewal Terms: For each subsequent renewal term, the Cost of Services, as agreed by the parties, shall be billed quarterly beginning on October 1. D. Pretrial Program Growth: It is understood and agreed between the parties that the optimal pretrial officer/defendant ratio is 1 pretrial officer per 20 defendants. In the event the number of defendants enrolled in the Pretrial Program exceeds 25 defendants per week for 6 consecutive weeks, St. Lucie shall have authority to approach Indian River to discuss an increase in number of Pretrial Personnel assigned to the Indian River County Pretrial Program. 4. STATUS OF THE PARTIES: The parties agree that St. Lucie is an independent contractor and is not an agent of the Indian River for the purposes of this Agreement. The staff providing the Program services are under the control of St. Lucie. The point of contact for Indian River shall be the Sheriff of Indian River County or his designee. The point of contact for St. Lucie is the St. Lucie County Criminal Justice Director. 5. NOTICES: All notices or other communications hereunder shall be in writing and shall be deemed duly given if delivered in person or sent by certified mail return receipt requested and addressed as follows: If to St. Lucie: St. Lucie County Administrator 2300 Virginia Avenue Third Floor, Administration Annex Fort Pierce, Florida 34982 If to Indian River: Indian River County Administrator 1801 27th Street Vero Beach, FL. 32960 With a copy to: St. Lucie County Attorney 2300 Virginia Avenue Third Floor, Administration Annex Fort Pierce, Florida 34982 With a copy to: Indian River County Attorney 180127 1h Street Vero Beach, FL. 32960 Indian River County Sheriff 4055 411t Avenue Vero Beach, FL. 32960 6. ENTIRE AGREEMENT; AMENDMENT; RECORDING: This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior verbal or written agreements between the parties with respect hereto. This Agreement may only be amended by written document, properly authorized, executed and delivered by both parties hereto. This Agreement and any subsequent amendments thereto shall be filed with the Clerk of the Circuit Court for Indian River County, Florida and the Clerk of the Court for St. Lucie County, Florida prior to becoming effective. The last date of filing of the Agreement with the respective Clerks of Circuit Court shall be the Effective Date of this Agreement. ATTEST: Deputy Clerk LkTY, rwdtp ATTEST: Clerl BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA APPROVED AS TO FORM AND CORRECTNESS: n County Attorney BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA M Chair APPROVED AS TO FORM AND CORRECTNESS: 96�Kty Attorney Exhibit "A" - Scope of Services St. Lucie County Pretrial Program will implement and provide Global Positioning Satellite (GPS) monitoring for pre-trial defendants in Indian River County. The primary responsibility of St. Lucie County Pretrial is to provide complete, accurate, non -adversarial information to the courts allowing for an informed decision regarding the offender's suitability for release into the community, pending final disposition of charges. On a weekly basis the F.S. 907.043 "CITIZENS RIGHT -TO -KNOW ACT" report will be filed with the Indian River County Clerk's office as required by law as well as the annual F.S. 907.043 "CITIZENS RIGHT -TO - KNOW ACT" report. In addition, a monthly Bed Day and potential cost savings (in lieu of county confinement) report will be submitted to the Indian River County Administrator showing the savings for that particular month. SLC Pretrial Supervision program will provide a full-time staff of two (2) to be located in Indian River and dedicated to the needs and services of Indian River thru September 30, 2022. The court has the authority under section 907.041, Florida Statutes, to release an arrested person on GPS/pretrial supervision if the facts and circumstances warrant such a release; and the Florida Rule of Judicial Administration 2.215 to administer the pre-trial release program described in this interlocal agreement. St. Lucie County Pretrial Program will be charged with the responsibility of providing adequate staff to ensure delivery of services consistent with the needs of the offender. Delivery of case management services will address the following components: • Attend First Appearance daily (365 Days per Year) per Court Administrative Order 2020-17. • Staff will meet with the defendant upon placement/release instructing him/her on the conditions of release ensuring a thorough understanding of same. During the interview process, it will be determined if the defendant may benefit from self -betterment programs such as substance abuse or mental health treatment, employment re-training and transportation needs. • Clear and accurate case notations will be maintained and recorded for all personal and telephonic contacts. A query of Clerk of Court computer system will be conducted for new arrests and arraignment dates. Offender will be notified prior to all upcoming court dates and will be required to report to the pretrial supervision office on a regular basis. • Staff will refer the defendants for urinalysis testing as directed by the court and may conduct random breath analysis for presence of alcohol. Alcohol testing may be conducted in the field. All new violations of law and non-compliance with program conditions will be reported to the court via a written affidavit and request for detention order. Staff will process all pertinent paperwork with the Clerk of the Court and Sheriff's Office. Exhibit "B" - Proposal 1.= PRETRIAL RELEASE PROGRAM SI' LU CIE, MARTIN & OKEECHOBEE- COUNTIES Date: lune 30, 2021 To: Dylan Reingold, Indian River County Attorney From: Joseph J Cowan, St Lucie County Criminal Justice Director p Re: Proposal for Pretrial Services for Indian River County The following is a response to your Request for Proposal for St Lucie County Criminal Justice Division to provide and operate a Pretrial Program for Indian River County. The proposal outlines items, facilities and services to be provided by Indian River County and St Lucie County. This will be a full service pretrial office supported by a full time staff and supervised by our Program Manager. Please note that any agreement is subject to the approval of the Board of County Commissioners of St Lucie County, Florida. Cost and projected savings: Annual cost for Pretrial Program $250,744.55 Based on data provided by Indian River County and current Pretrial statistics. Indian River County should expect 218 defendants annually on Pretrial Program Majority of Defendants are on Pretrial 30 days (some more and some less) Projected annual jail bed day reduction 6,540 Current Indian River County Jail bed day cost $99.00 Projected jail bed day cost savings to Indian River County $647,460.00 Project overall cost savings to Indian River County $396,715.45 (bed day cost savings minus program cost) Additional Cost savings Projected cost savings noted above does not include Defendant/Inmate Medical cost savings. As an inmate, the County is responsible for all medical care and associated expenses. Once released from jail the inmate/defendant is now responsible for their own medical care and associated expenses. Program Benefits Pretrial Program is a specialty tool available to the Courts so they may impose a reduced bond amount and still provide community protections. Defendant may be permitted to continue working (provide for family) Defendant will have conditions imposed to ensure court order compliance. Examples include weekly reporting to a Pretrial Office, random home visits by Pretrial staff, random drug/alcohol testing. GPS defendants are tracked 24/7 and may have restriction zones. 218 South 2nd Street, Fort Pierce, Florida 34950 (772) 462-6772 Indian River County will provide • Office space in the Indian River County Courthouse. This office space shall be equipped with a desk and office chairs for three (3) people. Office shall have three dedicated phone lines. • Separate secure office space for defendant check-in and instruction. Room should contain small table and three (3) chairs. Room should have security camera and panic alarm. • Access to Courthouse WiFi system • Access to Indian River County Court and Sheriff Jail programs. • Three desk phones • Point of contact with Indian River County Administration • Point of contact with Indian River Clerk of Court • Point of contact with Indian River County Jail • Security clearance at Courthouse and Jail for Pretrial Staff (all staff members). St Lucie County will provide • One (1) Senior Pretrial Officer • One (1) Case Manager • Two (2) laptop computer work stations and maintenance for same • Printer/Copier/Fax machine • One (1) Pretrial vehicle equipped with computer mount and warning lights • SLC will vet, hire, provide salary, benefits and supervise all personnel assigned to the program. • All GPS tracking equipment necessary for the program • Training and certifications for all personnel assigned to the program. • Annual report and OPPAGA reports to Indian River County • Provide Roll Call training to Law Enforcement agencies in Indian River County • Body Armor, Jacket and flash light for pretrial officer • Two (2) cell phones • One (1) Wad with mounting system and maintenance for defendant check-in Note If the case load runs higher than 25 cases per week for more than six (6) consecutive weeks, then the St. Lucie County Pretrial Program shall be able to approach Indian River County BOCC to discuss an increase in the number of Pretrial Personnel assigned to the Indian River County contract. Optimal Officer/Defendant caseload ratio is 20 defendants per Pretrial Officer.